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PLANNING BOARD MINUTES
MEETING OF JANUARY 20, 2021
Minutes of the Lexington Planning Board
Held on January 20, 2021, Virtual Meeting per Governor Baker’s Order at 7:01 pm
Present: Robert Creech, Chair; Robert Peters, Vice-Chair; Ginna Johnson, Clerk; Richard Canale; and Charles
Hornig. Also present was Amanda Loomis, Planning Director and Sheila Page, Assistant Planning Director.
Robert Creech, Chair, read the agenda into the record, introduced members of the Planning Board and Planning
Department Staff, and called the meeting to order on Wednesday, January 20, 2021.
Mr. Creech read the following statement relative to the recent outbreak of COVID-19.
Good evening. Consistent with Governor Baker's Executive Order of March 12, 2020, suspending specific
provisions of MGL. c. 30A, §18 due to the current State of Emergency in the Commonwealth due to the outbreak
of COVID-19, this meeting of the Lexington Planning Board is being conducted remotely. In-person attendance is
not permitted at this time.
Every effort will be made to ensure that the public can adequately access real-time proceedings via technological
means. In the event access cannot be provided, an audio or video recording of this meeting will be available for
review on the Town of Lexington website or through LexMedia as soon as possible after the meeting.
For this meeting, the Lexington Planning Board is convening by video conference via Zoom. Specific information
for remote participation by the public can be found on the Planning Office’s web page. Please note that this
meeting is being recorded.
At this time, I will provide a brief review of the meeting proceedings.
1. For each public hearing, the Planning Board will request a presentation from the Applicant or petitioner,
followed by an opportunity for the Planning Board to ask questions or provide comments. Then the floor
will be open for public comments.
2. All comments during public participation need to be limited to 2 minutes or less and must be respectful.
3. When the time comes for public participation, if you are dialing in, you may use *6 to mute or unmute
yourself and *9 to raise or lower your hand.
4. If at any time during the meeting you have a question, please use the Q&A feature, and staff will respond.
Development Administration
a. 5 Meadow Brook Avenue and 77 Wellington Lane Avenue Approval Not
Required (ANR)
Mr. Creech requested information about the footpath being clear of lot one (1).
The applicant Mr. Marino was present and said the path was not on lot one (1).
Mr. Hornig had one concern about the omission of the paper street portion of
Meadow Brook Avenue to Hanson Avenue and any approval would be subject to
updating the plans to reflect that.
Charles Hornig moved that the Planning Board endorse the Plan of Land for
Page 2 Minutes for the Meeting of January 20, 2021
the ANR application for the property located at 5 Meadow Brook Avenue and
77 Wellington Lane conditioned that the plan be updated showing the paper
portion of Meadow Brook Avenue past Blossomcrest Road before being
endorsed by the Planning Director. Richard Canale seconded the motion. The
Planning Board voted in favor of the motion 5-0-0 (Roll Call: Richard Canale –
yes; Ginna Johnson – yes; Charles Hornig – yes; Robert Peters – yes; Robert
Creech – yes). MOTION PASSED
Town Meeting
a. Discussion of 475 Bedford Street and Possible Mixed-Use Transition Zone
Mr. Peters recused himself from this discussion.
The Chair and staff met today and determined this was not ready for the annual Town
Meeting.
Mr. Hornig said this proposal could go forward and could be made simple. Ms. Loomis
explained this could be made simple to bring forward to Town Meeting.
Mr. Canale said this would be totally inappropriate for Spring Town Meeting and the
Planning Board did not vote to place it on the warrant.
Ms. Johnson agreed with Mr. Canale that this inappropriate and this could cause a
problem with traffic concerns and what we want for this location and it takes planning to
move forward.
Mr. Creech checked with the Town Moderator who said the Board should have voted on
it before it was placed on the warrant so the Board would vote on it tonight.
Mr. Hornig said this article was placed on the warrant as a place holder like the other
articles and none of them were voted on.
Ms. Loomis questioned if this should be looked at before the next annual Town Meeting.
Mr. Canale said it depends on when staff will look at the residential component for the
Hartwell Zoning and this parcel should go hand in hand. Would defer to staff on that.
Ms. Johnson said there should be a working group convened by the Planning Board or
some other elected Board with members of the community to determine what would be
the consensus of the Town for what they would like to see in their community.
Ms. Johnson moved that the Planning Board not include the warrant article for 475 Bedford
Street rezoning for the 2021 Annual Town Meeting. Richard Canale seconded the motion. The
Planning Board voted in favor of the motion 3-1-0 (Roll call: Richard Canale – yes; Ginna
Johnson – yes; Charles Hornig - no; Robert Creech - yes). MOTION PASSED.
Mr. Peters rejoined the meeting.
b. Review of the Proposed Use Table
Ms. Loomis presented the proposed updated Table of Uses. The Board discussed
the proposed changes to the Table of Uses.
Minutes for the Meeting of January 20, 2021 Page 3
Mr. Canale asked about row O.1.08, wireless communication facility. Can a tower
be done by right or does it need a site plan review? Mr. Creech and Ms. Johnson
wanted site plan review added.
Ms. Johnson asked for clarification on L.1.07 for a commercial shared parking lot
and whether there should be site plan review required. The Board added that site
plan review would be needed.
Ms. Johnson questioned if there would be a conflict for a helicopter landing pad
with this located in a flight path for Hanscom. The Town would need to get
permission from the state for this.
Rows P.1.01 and P.1.02 should be changed to special permit.
Mr. Peters suggested that L.1.01 for motor vehicles sales should be changed to
special permit looking ahead at electric vehicles for the future. Board Members
said they could consider it in the future and should leave as is at this time.
c. Review and Discussion of Draft Motions for Hartwell Innovation Park (HIP)
Innovation Park (HIP); Hartwell Avenue Area TMOD; Floodplain Management;
Sheds/Structures in Setbacks; Retaining Walls; Historic Preservation Incentives;
Trees; and Stormwater.
Historic Preservations Incentives:
Mr. Hornig submitted a proposal. Mr. Creech said it looked pretty much the same as
before. Mr. Hornig said Zoom dropped him and the Board will come back to this when he
returns to the Zoom meeting.
Sheds/Structures in Setbacks:
Ms. Loomis presented the proposed bylaw.
Mr. Hornig rejoined the Zoom Meeting.
Mr. Canale asked for clarification regarding up to two additional accessory structures.
Ms. Johnson expressed concerns that this would be further eroding the setbacks and
eating up open space between properties. Ms. Loomis requested that Ms. Gingras and Mr.
Kelly meet with the Planning Board to address this. Ms. Johnson suggested a brochure be
created to educate the public when people make inquiries.
Mr. Canale suggested name change to Accessory Structures in Setbacks.
Mr. Peters expressed concerns about inconsistencies since solar installations were not
allowed in the setbacks at a previous a previous Town Meeting, but would now allow
these structures in the setbacks.
Mr. Creech expressed concerns about the structures 12 feet high being allowed 5 feet
from lot line. Mr. Creech said this would need more work.
Mr. Canale requested clarification on if these structures would be allowed by right.
The Board discussed if this proposed article should be brought forward. The Board
decided to hear from the Building Commissioner and Zoning Administrator for
clarification before they would decide whether or not to go forward with this zoning
proposal and add Mr. Canale’s proposed change.
Page 4 Minutes for the Meeting of January 20, 2021
The Board will bring this to a public hearing.
Historic Preservations Incentives: continued from before.
Mr. Hornig was asked to point out the important changes that would accomplish the
objectives. Mr. Hornig explained that this was just opening up the number of situations in
which you would be allowed to apply for the special permit for Historic Structures. He
presented a comparison of the old bylaw to the new bylaw.
Ms. Johnson was confused and had a concern that would allow historic buildings to be
moved to clear a valuable site.
Mr. Canale asked if the chair of the Historical Commission and the Commission had been
consulted and do we have any input from them? They have not met, but he would consult
with the chair of the Historical Commission. Mr. Hornig will do the presentation for the
public hearing.
The Board agreed to bring this to a public hearing.
Floodplain Management:
Ms. Loomis said this was to have a Floodplain Administrator and a deputy Floodplain
Administrator designated by the Town Manager for the Town of Lexington. Staff will
discuss the details further with Town Counsel.
The Board agreed to bring this to a public hearing.
Retaining Walls:
Ms. Loomis presented this proposed bylaw that never made it to Town Meeting last time.
Ms. Johnson said that we do need to address setbacks and add back the six feet from the
lot line for the construction of the walls and discuss walls adjacent to one another to
avoid the creation of a terrace effect. The Board discussed the proposed six feet from the
lot line and what setback should be considered. Ms. Loomis suggested that they have the
building commissioner come in to address this setback distance.
The Board will bring them in to discuss further.
Proposed Amendments to the Article for the Hartwell Innovation Park:
Ms. Loomis and Ms. Page presented to the Board the proposed changes edited by the
Board that were discussed last week and to be presented at the time of the public hearing.
Mr. Canale stated as the liaison to the Lexington Bicycle Committee that the committee
requested clarification on the fact that the Hartwell TMOD has a different bicycle parking
capacity as in §135-5.1 and if we are trying to increase walking, biking and transit should
we increase the bicycle parking capacity that was from 10 years ago?
They discussed a having a flat maximum parking based on building size and the applicant
can request a waiver if they need it at the time of construction to encourage lab space
over office space. Mr. Canale agreed §135-5.1 should reflect the stricter parking
standards in the TMOD for now. Mr. Hornig said that down the road we should overhaul
§135-5.1 town wide, but this is not the right time to do it.
These legal ads have been published, but the Board can make modifications at the public
hearings.
Minutes for the Meeting of January 20, 2021 Page 5
Ms. Johnson expressed concerns that §135-7.4.1 Purpose and Intent was aspirational and
wanted more concrete characteristics for future Planning Board Members to be able to
reference for design review. Design Mixture for Diversity needs consistency to unify
various approaches. The outdoor amenities paragraph doesn’t have enough teeth to get
what we would want since this would be having the developer do what they want and the
Board would need more control to achieve the desired goal. LEED should be the Gold
standard. Roof top terraces should be removed from the outdoor amenities. They should
be for everyone to access not just penthouse tenants. Review of Uses concerned that
everything was too fluid and it should have a Table of Uses for what would be allowed.
Ms. Johnson shared what Review standards for Site Plan Review and suggested the
bylaws have additional lines added so future Planning Boards could grasp the vision that
was intended. Ms. Johnson would email her changes to staff.
Tree Bylaw:
Ms. Loomis recommended the Board not move forward with this for the entire Town at
this time, but instead think about this incrementally. The Board discussed since the Tree
Committee is bringing forward three (3) items perhaps the Board should hold back on our
amendment for now, it could be controversial.
The Board will get a copy of the Tree Committee’s proposed articles and cover letter
from Mr. Paul and decide at the next meeting whether or not to bring this forward.
Mr. Hornig expressed the following issues with the HIP zoning regarding the pedestrian
amenity, the LEED requirement, the landscaping sections should not be in zoning, street
trees, trees on private property and 7.4.4.7c Utility areas for electricity, and the whole
transportation plan should be in the TMO1 District Plan.
Board Administration
a. Staff Updates
Ms. Loomis said tomorrow night is the HIP discussion of the draft proposal.
b. Board Member Updates
Mr. Hornig said Mr. Morse-Fortier has been having difficulty participating and perhaps
we could allow the candidates to participate more at meetings.
Mr. Canale said there would be a CPAC advisory meeting next Tuesday evening and
asked if they were still looking for candidates. Ms. Loomis said yes, they were still
looking for a candidate experienced with pedestrian, bicycles and transportation.
Mr. Peters said the next meeting of LexHab for Vine Street is next Wednesday, January
27, 2021.
c. Review of Meeting Minutes for January 6, 2021.
Richard Canale moved that the Planning Board vote to approve the minutes of the January 6,
meeting minutes as distributed. Robert Peters seconded the motion. The Planning Board voted
in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Richard Canale – yes; Ginna
Johnson – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED
For a future meeting staff will ask Mr. Paul, Ms. Gingras and Mr. Kelly to attend
a meeting to help the Board get clarity on retaining walls and trees before Town
Page 6 Minutes for the Meeting of January 20, 2021
Meeting.
Mr. Hornig said he had another meeting on Wednesday, February 3, 2021 and cannot
attend the Planning Board Meeting. It was suggested that the applicant for Keeler Farm
Way be advised that one member will not be there and see if they want to be put off. Mr.
Leon could be asked to attend that night as well.
There will be a meeting on February 17, 2021.
Adjournment
Robert Peters moved that the Planning Board adjourn the meeting of January 20, 2021.
Richard Canale seconded the motion. The Planning Board voted in favor of the motion 5-0-0
(Roll call: Robert Peters – yes; Richard Canale – yes; Ginna Johnson – yes; Charles Hornig –
yes; Robert Creech - yes). MOTION PASSED
Meeting adjourned at 10:40 p.m.
The following documents used at the meeting can be found on the Planning Board website in
Planning Board packets.
5 Meadow Brook Avenue and 77 Wellington Lane Avenue:
Plan of Land dated January 5, 2021 (1 page).
ANR Application dated January 6, 2021 (7 pages).
Registered Plan dated November 21, 1913 (1 page)
Property Record card (3 pages).
Plan of Land dated March 3, 1964 (1 page).
Town Meeting Items:
Draft proposed Table of Uses dated January 8, 2021 (9 pages).
Proposed Warrant dated January 19, 2021 (3 pages).
Historic Preservation Language dated December 2, 2020 (5 pages).
Draft Article 39 Historic Preservation Incentives dated January 19, 2021 (2 pages).
Draft Article 41 Structures in setbacks and sheds dated January 19, 2021 (1 page).
Draft Article 42 Flood Plain Administrator dated January 20, 2021 (1 page).
Draft Article 40 Retaining Walls dated January 19, 2021 (1 page).
Draft Hartwell Innovative Guidelines dated January14, 2021 (21 pages).
Draft Article 45 Hartwell Innovative Zoning and General Amendments dated January
21, 2021 (9 pages).
Ginna Johnson, Clerk of the Planning Board