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