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HomeMy WebLinkAbout2021-03-03-PB-min PLANNING BOARD MINUTES MEETING OF March 3, 2021 Minutes of the Lexington Planning Board Held on March 3, 2021, Virtual Meeting per Governor Baker’s Order at 7:00 pm. Present: Robert Creech, Chair; Robert Peters, Vice-Chair; Charles Hornig, Melanie Thompson; Michael Schanbacher; and Michael Leon. Also present was Sheila Page, Assistant Planning Director; Molly Belanger, Land Use Planner; Sandhya Iyer, Economic Development Director; and Amanda Loomis, 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, March 3, 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 1. Street Adequacy Determination - 7 Bird Hill Road Present for the discussion: Massarsky Yefirm, Applicant Molly Belanger provided a brief review of the 7 Bird Hill Road application. Page 2 Minutes for the Meeting of March 3, 2021 Robert Creech, Chair, requested comments from the Planning Board. The following comments were provided.  Charles Hornig requested clarification regarding the materials used for the reconstruction of the project. Charles Hornig moved that the Planning Board find that Bird Hill Road is not of adequate grade or construction but will be if all items identified in the Planning Office Memo are addressed and properly completed. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Charles Hornig – yes; Robert Peters – yes; Michael Schanbacher – yes; Melanie Thompson – yes; and Robert Creech – yes). MOTION PASSED 2. Approval Not Required – 39 Highland Avenue Robert Creech, Chair, provided a brief overview of the proposed Approval Not Required (ANR) for the property located at 39 Highland Avenue. Sheila Page stated that the parcel owner was dividing the land to allow the Town of Lexington to purchase a portion of the land. While the family was also carving off their house lot, and the rest of the parcel would be merged with the abutting parcel. Mr. Creech, Chair, requested comments from the Planning Board. The following comments were provided.  Charles Hornig stated that the original documentation provided in the Planning Board’s packet had issues. However, such errors appear to have been addressed, and the plan was now fine. Mr. Hornig stated that he agreed with staff that this plan met the requirements for an ANR endorsement.  Robert Peters requested clarification as to which parcels were being merged.  Melanie Thompson, Michael Schanbacher, and Michael Leon stated that they did not have any questions. Charles Hornig moved that the Planning Board determine that the Plan of Land for the property located at 39 Highland Street should be endorsed. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Charles Hornig – yes; Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; and Robert Creech – yes). MOTION PASSED *****************************TOWN MEETING********************************** 1. Continued Public Hearing: Article 40 Retaining Walls - Amend the Lexington Zoning Bylaw to regulate retaining walls over four (4) feet in height Present for the public hearing: Jennifer Gingras, Zoning Administrator Robert Creech, Chair, opened the public hearing and requested a presentation from Jennifer Gingras. Ms. Gingras presented a review of Article 40, which included amendments made to the proposed Article since the last public hearing. Mr. Creech, Chair, requested comments from the Planning Board. The following comments were provided. Minutes for the Meeting of March 3, 2021 Page 3  Robert Peters, Charles Hornig, Melanie Thompson, Michael Schanbacher all stated that they did not have any questions.  Michael Leon requested clarification regarding a pre-existing nonconforming lot. Mr. Creech, Chair, opened the floor for public comment. No public comments were received. Charles Hornig moved that the Planning Board close the public hearing for Article 40: Retaining Walls. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Robert Peters – yes; Charles Hornig – yes; Melanie Thompson – yes; Michael Schanbacher – yes; and Robert Creech – yes). MOTION PASSED Charles Hornig moved that the Planning Board recommend favorable action to Annual Town Meeting relative to Article 40: Retaining Walls. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Charles Hornig – yes; Robert Peters – yes; Michael Schanbacher – yes; Melanie Thompson – yes; and Robert Creech – yes). MOTION PASSED 2. Continued Public Hearing: Article 41 Structures within Setbacks - Amend the Lexington Zoning Bylaw to establish regulations for accessory structures (such as sheds) of limited size and height to be located within a side or rear setback Present for the public hearing: Jennifer Gingras, Zoning Administrator Robert Creech, Chair, opening the public hearing and requested a presentation from Jennifer Gingras. Ms. Gingras presented a review of Article 41, which included amendments made to the proposed Article since the last public hearing. Mr. Creech, Chair, requested comments from the Planning Board. No comments were provided. Mr. Creech, Chair, opened the floor for public comment. The following comments were received.  A statement of support for the Article, but with a request to increase the allowed shed size.  A request for clarification regarding the dimensions of the shed.  A statement of opposition was supported by concern regarding small lots that do not accommodate a shed. A twelve (12) by twelve (12) foot shed close to a lot line could cast a shadow or be located in an undesirable location.  A statement of concern relative to allowing a shed to be twelve (12) feet in height.  A statement of confusion regarding the dimensions of a shed. Mr. Creech questioned if Ms. Gingras had any additional questions or statements. No further comments or statements were provided. Charles Hornig moved that the Planning Board close the public hearing for Article 41: Structures within Setbacks. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Charles Hornig – yes; Robert Peters – yes; Page 4 Minutes for the Meeting of March 3, 2021 Michael Schanbacher – yes; Melanie Thompson – yes; and Robert Creech – yes). MOTION PASSED Charles Hornig moved that the Planning Board recommend favorable action to Annual Town Meeting relative to Article 41: Structures within Setbacks. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Charles Hornig – yes; Robert Peters – yes; Michael Schanbacher – yes; Melanie Thompson – yes; and Robert Creech – yes). MOTION PASSED 3. Continued Public Hearing: Article 39, Historic Preservation Incentives - Amend the Lexington Zoning Bylaw to allow special permits for historical preservation under § 135-6.2 to allow for additional uses where necessary to preserve historical elements Robert Creech, Chair, opening the public hearing and requested a presentation from Charles Hornig. Mr. Hornig provided an overview of the proposed Article, which included the reasoning for the proposed amendment examples. Robert Creech, Chair, requested comments from the Planning Board. The following comments were provided.  Robert Peters requested clarification as to what would occur if this Article was not approved relative to the relocation of the historic structure.  Mr. Creech stated that he did not have any comments at this time.  Melanie Thompson requested clarification as to what had changed from the existing Bylaw. Mr. Hornig presented the PowerPoint Presentation on Article 39: Historic Preservation, which was presented at the opening public hearing.  Michael Schanbacher agreed with Ms. Thompson but would like additional time to review Article 39.  Michael Leon requested clarification of the scope of the area. Mr. Hornig said any historic structure in any district. Mr. Creech, Chair, opened the floor for public comment. The following comments were received.  Member of the public, who was also a representative for the Historical Commission, provided reasons for this Article. Charles Hornig moved that the Planning Board continue the public hearing to March 4, 2021. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Robert Peters – yes; Charles Hornig – yes; Melanie Thompson – yes; Michael Schanbacher – yes; and Robert Creech – yes). MOTION PASSED 4. Continued Public Hearing: Article 42, Floodplain Management - Amend § 135-7.1 of the Lexington Zoning Bylaw to identify and designate a Community Floodplain Administrator (FPA) per 44 CFR and FEMA Robert Creech, Chair, opening the public hearing and requested a presentation from Amanda Loomis. Ms. Loomis provided a brief review of the proposed updates to the Article. Minutes for the Meeting of March 3, 2021 Page 5 Robert Creech, Chair, requested comments from the Planning Board. No comments were provided. Mr. Creech, Chair, opened the floor for public comment. No comments were provided. Charles Hornig moved that the Planning Board close the public hearing for Article 42: Floodplain Management. Michael Schanbacher seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Charles Hornig – yes; Michael Schanbacher – yes; Melanie Thompson – yes; Robert Peters – yes; and Robert Creech – yes). MOTION PASSED Charles Hornig moved that the Planning Board recommend favorable action to Annual Town Meeting relative for Article 42: Floodplain Management. Melanie Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0- 0 (roll call: Charles Hornig – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Robert Peters – yes; and Robert Creech – yes). MOTION PASSED 5. Continued Public Hearing: Article 43, Technical Corrections - Amend the Lexington Zoning Bylaw to correct internal references, remove unreferenced definitions, reformat sections, modernize the language, and make other technical corrections The Planning Board discussed Article 43 and determined it was not needed at this time. The Planning Board agreed that they were comfortable closing the public hearing. Mr. Creech, Chair, opened the floor for public comment. No comments were provided. Charles Hornig moved that the Planning Board close the public hearing for Article 43: Technical Corrections. Michael Schanbacher seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Charles Hornig – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Robert Peters – yes; Melanie Thompson – yes; and Robert Creech – yes). MOTION PASSED Charles Hornig moved that the Planning Board recommend that Town Meeting postpone Article 43 indefinitely. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Charles Hornig – yes; Robert Peters – yes; Michael Schanbacher – yes; Melanie Thompson – yes; and Robert Creech – yes). MOTION PASSED The Planning Board took a brief recess from 8:04 pm to 8:09 pm. 6. Continued Public Hearing: Article 44, Amend the Use and General Regulations including Table 1, Permitted Uses and Development Standards; § 5.1 Off-street Parking and Loading; §9.5, Site Plan Review; and §10, Definitions) and updates from the 2020 Special Town Meeting (such as Short-Term Rentals and requirements from the Attorney General review); or act any other manner in relation thereto Robert Creech, Chair, opening the public hearing and requested a presentation from Amanda Loomis. Ms. Loomis shared her screen to present the March 3, 2021 draft language of Article 44. Mr. Creech stated that he would take public comment at the end of the review of Article 44, while the Planning Board would provide comments throughout. Page 6 Minutes for the Meeting of March 3, 2021 The Planning Board viewed each section independently, which included a discussion on the proposed language. Sheila Page and Ms. Loomis presented each subsection. Mr. Creech, Chair, opened the floor for public comment. The following comments were provided.  A request for clarification regarding the electric vehicle charging parking requirement.  A statement regarding the implementation of electric vehicle chargers and the construction of clean building development. The Planning Board discussed the electric vehicle charging station and infrastructure provisions, including Level One (1) vs. Level Two (2) requirements. 7. Continued Public Hearing: Article 45, Hartwell Innovation Park: Amend Zoning Map to create a new Hartwell Innovation Park (HIP) Zoning and further amend the Lexington Zoning Bylaw by adding new Special District Regulations, and amend related zoning sections of the Zoning Bylaw, including the Table of Use; Dimensional Controls; General Regulations; Site Plan Review; and associated zoning amendments Robert Creech, Chair, opening the public hearing and requested a presentation from Amanda Loomis. Ms. Loomis shared her screen to present the March 3, 2021 draft language of Article 45. The Planning Board viewed each section independently, which included a discussion on the proposed language. Ms. Loomis presented each subsection. Mr. Creech, Chair, requested comments from the Planning Board. The following comments were provided.  Robert Peters provided his review of the draft language and its improvements over time.  Melanie Thompson stated that she wanted to look at Article 45 further.  Michael Schanbacher stated that he had no comments at this time. The Planning Board took a brief recess from 9:38 pm to 9:44 pm. Mr. Creech, Chair, opened the floor for public comment. The following comments were provided.  A statement regarding the complexity of the document and the need for additional review.  A reference to a letter of comment provided to the Planning Board and the need for additional review of the amendments made compared to the letter.  A request for clarification regarding the amendments relative to the building heights. Minutes for the Meeting of March 3, 2021 Page 7 Ms. Loomis stated that the proposed amendments presented are based on public comments received during the public hearing process. Ms. Loomis stated that all provisions relative to sustainability from Article 16 remain and have been improved upon. Sandhya Iyer provided a background of the market and the need for Article 45. Charles Hornig provided a review of the provision relative to the additional review of uses within the C-HIP. The Planning Board further supported the need to add new uses only in the C-HIP District. It was noted that such review of uses would require a special permit, a four-fifths vote to allow such new use. The Planning Board reviewed the proposed amendments to the Table of Uses. The Planning Board reviewed the proposed Zoning Map. Mr. Creech requested clarification as to why the road was called Tracer Lane. Mr. Hornig provided a review as to the name Tracer Lane. Charles Hornig moved that the Planning Board continue the public hearing for Articles 44 and 45 to Thursday, March 4, 2021, at 7:00 pm. Michael Schanbacher seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Charles Hornig – yes; Michael Schanbacher – yes; Robert Peters – yes; Melanie Thompson – yes; and Robert Creech – yes). MOTION PASSED *************************BOARD ADMINISTRATION**************************** 1. Board Liaison Assignments The Planning Board stated that they would be reviewing Board and Commission assignments tomorrow night. 2. Staff Updates No staff updates were provided. 3. Board Member Updates  Charles Hornig discussed housing choice events and how the new bill will affect Lexington.  Mr. Hornig stated that there was a recent MAGIC meeting.  Robert Creech provided an update regarding the Centre Streetscape project.  Robert Peters provided an update regarding the recent work of Vision 2020, now called Vision for Lexington, specifically regarding the 2017 survey. Robert Creech, Chair, moved that the Planning Board adjourn its meeting of Wednesday, March 3, 2021. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Robert Creech – yes; Robert Peters – yes; Charles Hornig – yes; Michael Schanbacher – yes; Melanie Thompson – yes). MOTION PASSED Meeting adjourned at 10:32 pm. The meeting was recorded by LexMedia. Page 8 Minutes for the Meeting of March 3, 2021 The following documents used at the meeting can be found on the Planning Board website in Planning Board packets. 7 Bird Hill Road:  Form B Application dated October 21, 2020 (5 pages).  Street Adequacy Plan dated February 15, 2021 (2 pages).  Attorney letter dated February 10, 2021 (6 pages).  Revised Staff Summary and recommendation dated February 8, 2021 (2 pages).  Plan set of Land dated November 14, 1947 (1 page). 39 Highland Avenue:  ANR Plan dated March 2, 2021 (1 page).  Form A Application dated February 14, 2021 (5 pages). Town Meeting:  Draft Article 40, Retaining Walls dated February 25, 2021 (1 page).  Draft Article 41, Structures in Setbacks dated February 10, 2021 (1 page).  Draft Article 39, Historic Preservation Incentives dated February 26, 2021 (3 pages).  Draft Article 42, Floodplain Management dated February 10, 2021 (1 page).  Draft Article 44, Town-wide Improvements dated March 1, 2021 (6 pages).  Draft Article 45, Hartwell Innovation Park dated March 1, 2021 (8 pages). Michael Schanbacher, Clerk