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PLANNING BOARD MINUTES
MEETING OF MARCH 10, 2021
Minutes of the Lexington Planning Board
Held on March 10, 2021, Virtual Meeting per Governor Baker’s Order at 7:03 pm
Present: Charles Hornig, Chair; Robert Peters, Vice-Chair; Michael Schanbacher, Clerk; Melanie
Thompson; and Robert Creech, Michael Leon, Associate Planning Board Member. Also present
was Amanda Loomis, Planning Director and Sheila Page, Assistant Planning Director.
Mr. Hornig stated that this remote participation meeting was being held in accordance with
Governor Baker’s March 12, 2020 Executive Order suspending certain provisions of the Open
Meeting Law to allow remote participation during the State of Emergency due to the outbreak of
COVID-19. Mr. Hornig provided instructions to members of the public, who were watching or
listening to the meeting via the Zoom application, regarding the process for making a public
comment.
*********************DEVELOPMENT ADMINISTRATION************************
Subdivision Modification (109 Reed Street) Kay Tiffany Way :
Mr. Hornig explained to the Board that they need to determine if this was a major or
minor modification to this project. Mr. Todd Cataldo, applicant was present and said he
was making a request to not construct the sidewalk as proposed on the plan. Constructing
the sidewalk as proposed would threaten or remove a hemlock border, while moving it to
the other side of the street would interfere with telecommunication utilities.
Board Member Comments and Questions:
Mr. Hornig said since the sidewalk was part of the complete streets regulations he
felt that this was not a minor change and should go through the regular process.
Mr. Peters and Mr. Schanbacher both agreed with Mr. Hornig that it should go
through the normal process.
Mr. Creech asked for clarification on what would be there if it were not
constructed.
Ms. Thompson agreed that it should go through the normal process.
Robert Peters moved that the Planning Board determine that the modification request
for 109 Reed Street was a major modification. Robert Creech seconded the motion. The
Planning Board voted in favor of the motion 5-0-0 (Roll Call: Melanie Thompson –
yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Peters – yes; Robert
Creech – yes). MOTION PASSED
*****************************TOWN MEETING**********************************
Discussion and Review Article 36 Development Surcharge:
Mr. Hornig spoke with Mr. Daggett and they agreed that this would be presented at the
next meeting.
Page 2 Minutes for the Meeting of March 10, 2021
CONTINUED PUBLIC HEARINGS
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:
Mr. Hornig opened the continued public hearing for Article 44. Ms. Loomis presented the
revised draft article based on comments from the public hearing process, Town Counsel,
and Planning Board. Ms. Loomis said that Town Counsel, Mina Makarious was present
at the meeting.
Board Member Comments and Questions:
Ms. Thompson asked for clarification on the removal of food trucks and
restaurants.
Audience Comments and Questions:
Todd Rhodes from the Sustainable Lexington Committee said a memo was sent
from the committee regarding this revised version for Article 44 and highlighted
the recommended edits and asked for clarification on some of the changes. Mr.
Makarious responded to the questions presented in the list presented by Mr.
Rhodes.
Mr. Hornig’s computer was frozen and Mr. Peters, vice chair continued and requested
the next audience member be allowed to speak.
Mr. DeAngelis had a minor edit to the number of loading bays that should have
been caught earlier.
Mr. Hornig rejoined the meeting.
Mr. Creech asked for clarification on Mr. Rhodes’ example on new parking spaces,
charging stations, and being wired.
Mr. DeAngelis said in 9.5.5 to add back language to be consistent with the zoning
bylaw.
Mr. Dan Voss from the Sustainable Lexington Committee asked for the definition
of newly constructed parking spaces regarding existing parking lots. Mr. Hornig
responded it was only for the net increase in parking spaces.
Mr. Jerry Michelson from the Lexington Center Committee asked if would pertain
to the entire Town. The committee would be discussing this article tomorrow and
Minutes for the Meeting of March 10, 2021 Page 3
take a closer look at it.
Mr. Meyers said regarding Electric Vehicle (EV) charging stations provided
information that the LEED version also add incentives and requirements to add
charging stations and the Board should keep that in mind.
Robert Peters moved that the Planning Board close the public hearing for Article 44.
Robert Creech seconded the motion. The Planning Board voted in favor of the motion
5-0-0 (Roll Call: Melanie Thompson – yes; Michael Schanbacher – yes; Charles
Hornig – yes; Robert Peters – yes; Robert Creech – yes). MOTION PASSED
Continued Public Hearing: Article 45, Hartwell Innovation Park (C-HIP): 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;
Mr. Hornig opened the continued public hearing for Article 45. Ms. Loomis presented the
revised draft article based on comments from the public hearing process, Town Counsel,
and Planning Board and other stakeholders.
Board Member Questions:
Mr. Schanbacher asked for clarification that the applicant would only be required
to show that the project could be LEED certified, but not actually be certified.
Audience Comments and Questions:
Ms. Cindy Arens from the Sustainable Lexington Committee said there was
another part of the memo regarding this revised version for Article 45 and
highlighted the recommended edits.
Mr. Voss said that the LEED gold should be the standard set in this article.
Mr. Meyers said they agreed with what was said and that LEED version 4 silver
was an exceptional standard for Hartwell Avenue given the inability to achieve
location transportation context and the limited public transportation which would
need to be robust. He wanted to address and respect those interests regarding
LEED gold standards with energy and water.
Ms. Jensen wanted to support the Sustainable Lexington changes requested
tonight. She asked for clarification if the changes would be acceptable to the
Attorney General and if Article 16 and/or 45 was not approved due to the
incentive zoning process could these two clauses be severed so the rest of the
bylaw could survive and be approved? Mr. Makarious said the Attorney
General’s review is only a first step review and does not bar additional conflict in
the future for a particular project, but this language does not seem to raise
additional risk at this time for approval from the Attorney Generals’ Office.
Page 4 Minutes for the Meeting of March 10, 2021
Mr. Rhodes wanted to make sure the Board was aware of the meeting with the
EDAC and Boston Properties and to include the language presented tonight.
Robert Peters moved that the Planning Board close the public hearing for Article
45. Michael Schanbacher seconded the motion. The Planning Board voted in favor
of the motion 5-0-0 (Roll Call: Melanie Thompson – yes; Michael Schanbacher –
yes; Charles Hornig – yes; Robert Peters – yes; Robert Creech – yes). MOTION
PASSED
Discussion and Review Warrant Determine Positions on Town Meeting Articles:
Board discussion of the updated draft of Article 44
Board Member Comments:
Section 2- the table: The Board agreed to accept the recommended change to
requirements for loading bays.
Section 7- for EV charging stations from Sustainable Lexington Committee: Mr.
Peters supported the change to 25 or more parking spaces and the other additions
which would improve the goal of building EV charging capacity. Mr.
Schanbacher agreed with the language from the Sustainable Lexington
Committee. Mr. Creech agreed with the changes. Ms. Thompson agreed with the
changes.
Robert Peters moved that the Planning Board recommend that Town Meeting approve
the motion under Article 44 as amended at this meeting and permit staff to make any
necessary corrections of scrivener’s errors. Bob Creech seconded the motion. The
Planning Board voted in favor of the motion 5-0-0 (Roll Call: Melanie Thompson –
yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Peters – yes; Robert
Creech – yes). MOTION PASSED
Board Discussion of the final draft Article 45
Board Member Comments:
Section 3- Schedule of Dimensional Controls: Mr. Hornig said that the
suggestions from Sustainable Lexington introduced only confusion since footnote
(i) already referred to 7.5.4.1 which contained all the restrictions. He believed that
we would want to lead with the attractive height for a quick look and get their
attention. Mr. Peters, Mr. Schanbacher, Mr. Creech and Ms. Thompson all agreed
with Mr. Hornig’s recommendation. Ms. Thompson requested that they try to get
the footnote on the same page as the table.
Section 7: The Board discussed the wording regarding requirements for LEED
gold and silver standards to provide clarity on the expectations. Mr. Peters, Mr.
Minutes for the Meeting of March 10, 2021 Page 5
Schanbacher, Mr. Creech all agreed to leave at the LEED silver standard for now
and require a check list with project applications and a review every five years of
the zoning bylaw. Ms. Thompson suggested to make the language more
aspirational by adding making the highest level achievable.
Parking garages- Mr. Creech asked if we could add language to require the
parking structures have attractive panels and solar on the roof. Those should be
placed in the regulations to achieve that.
Table of Uses -Mr. Hornig suggested removing all the columns except the C-HIP
when incorporated into the motion for Town Meeting since some items may be
incorrect and cause confusion. Mr. Peters suggested CM should be illustrated in
the presentation. Ms. Thompson asked about taxicab garages to allow Lyft, Uber,
and ride-sharing parking areas to be allowed by a special permit. Mr. Creech did
not see the point to allow it. Mr. Hornig, Ms. Thompson, and Mr. Peters would
support this use by special permit. Ms. Page said the concern was it did not fit the
vision for increasing the taxable base. This use would be added as allowed by
special permit. Mr. Creech expressed concern about neighbors having the cars in
and out in the middle of the night. He said that he was not sure that the Board
should be making changes to the Use Table (Table 1) and making the change part
of Article 45 where people were unlikely to notice it.
Robert Peters moved that the Planning Board recommend that Town Meeting approve
the motion under Article 45 as amended at this meeting and permit staff to make any
necessary corrections of scrivener’s errors. Bob Creech seconded the motion. The
Planning Board voted in favor of the motion 5-0-0 (Roll Call: Melanie Thompson –
yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Peters – yes; Robert
Creech – yes). MOTION PASSED
Reconsideration of Article 40 recommendation-Retaining Walls:
Mr. Hornig explained that the language that we ended up with after all the changes was
out of scope and it was recommended that the Planning Board indefinitely postpone it to
allow it to be brought forward at another time.
Robert Peters moved that the Planning Board reconsider the prior recommendation
that Town Meeting approve the motion under Article 40. Bob Creech seconded the
motion. The Planning Board voted in favor of the motion 5-0-0 (Roll Call: Melanie
Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Peters –
yes; Robert Creech – yes). MOTION PASSED
Robert Peters moved that the Planning Board recommend that Town Meeting
indefinitely postpone Article 40. Bob Creech seconded the motion. The Planning Board
voted in favor of the motion 5-0-0 (Roll Call: Melanie Thompson – yes; Michael
Schanbacher – yes; Charles Hornig – yes; Robert Peters – yes; Robert Creech – yes).
MOTION PASSED
Robert Peters moved that the Planning Board request that the Select Board place
Article 40 on the consent agenda for Town Meeting. Bob Creech seconded the motion.
Page 6 Minutes for the Meeting of March 10, 2021
The Planning Board voted in favor of the motion 5-0-0 (Roll Call: Melanie Thompson
– yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Peters – yes; Robert
Creech – yes). MOTION PASSED
The Board recessed at 9:55 and returned at 10:00 p.m.
Review of Planning Board Town Meeting Report Recommendations:
Article 37, Stormwater Management:
Bob Creech moved that the Planning Board adopt the report on Article 37 to Town
Meeting. Michael Schanbacher seconded the motion. The Planning Board voted in
favor of the motion 5-0-0 (Roll Call: Melanie Thompson – yes; Michael Schanbacher
– yes; Charles Hornig – yes; Robert Peters – yes; Robert Creech – yes). MOTION
PASSED
Robert Peters moved that the Planning Board authorize the chair to sign all documents
on behalf of the Planning Board during the extent of the COVID-19 State of
Emergency. Robert Creech seconded the motion. The Planning Board voted in favor
of the motion 5-0-0 (Roll Call: Melanie Thompson – yes; Michael Schanbacher – yes;
Charles Hornig – yes; Robert Peters – yes; Robert Creech – yes). MOTION PASSED
Robert Peters moved that the Planning Board authorize the Planning Director to
endorse all plans on behalf of the Planning Board during the extent of the COVID-19
State of Emergency. Robert Creech seconded the motion. The Planning Board voted in
favor of the motion 5-0-0 (Roll Call: Melanie Thompson – yes; Michael Schanbacher
– yes; Charles Hornig – yes; Robert Peters – yes; Robert Creech – yes). MOTION
PASSED
Article 38, Changes to the Tree Bylaw:
Robert Peters moved that the Planning Board adopt the report on Article 38 to Town
Meeting. Bob Creech seconded the motion. The Planning Board voted in favor of the
motion 5-0-0 (Roll Call: Melanie Thompson – yes; Michael Schanbacher – yes;
Charles Hornig – yes; Robert Peters – yes; Robert Creech – yes). MOTION PASSED
Article 39, Historic Preservation Incentives:
Mr. Creech recommended some wording changes and will send to staff.
Robert Peters moved that the Planning Board adopt the report on Article 39 to Town
Meeting as amended. Bob Creech seconded the motion. The Planning Board voted in
favor of the motion 5-0-0 (Roll Call: Melanie Thompson – yes; Michael Schanbacher
– yes; Charles Hornig – yes; Robert Peters – yes; Robert Creech – yes). MOTION
PASSED
Article 40, Retaining walls:
Robert Peters moved that the Planning Board adopt the report on Article 40 to Town
Meeting. Bob Creech seconded the motion. The Planning Board voted in favor of the
Minutes for the Meeting of March 10, 2021 Page 7
motion 5-0-0 (Roll Call: Melanie Thompson – yes; Michael Schanbacher – yes;
Charles Hornig – yes; Robert Peters – yes; Robert Creech – yes). MOTION PASSED
Article 41, Sheds:
Robert Peters moved that the Planning Board adopt the report on Article 41 to Town
Meeting. Bob Creech seconded the motion. The Planning Board voted in favor of the
motion 5-0-0 (Roll Call: Melanie Thompson – yes; Michael Schanbacher – yes;
Charles Hornig – yes; Robert Peters – yes; Robert Creech – yes). MOTION PASSED
Article 42, Floodplain Management:
Robert Peters moved that the Planning Board adopt the report on Article 42 to Town
Meeting. Bob Creech seconded the motion. The Planning Board voted in favor of the
motion 5-0-0 (Roll Call: Melanie Thompson – yes; Michael Schanbacher – yes;
Charles Hornig – yes; Robert Peters – yes; Robert Creech – yes). MOTION PASSED
Article 43, Technical Changes:
Robert Peters moved that the Planning Board adopt the report on Article 43 to Town
Meeting. Bob Creech seconded the motion. The Planning Board voted in favor of the
motion 5-0-0 (Roll Call: Melanie Thompson – yes; Michael Schanbacher – yes;
Charles Hornig – yes; Robert Peters – yes; Robert Creech – yes). MOTION PASSED
*************************BOARD ADMINISTRATION****************************
Staff Updates:
There were none.
Board Member Updates:
Ms. Thompson said there was a 15-minute CPAC meeting today and the committee would send
information out with an update.
Mr. Hornig said there would be a SPRD meeting on Tuesday for the first time in months.
The Planning Board will meet March 17, 2021. Town Meeting begins March 22, 2021.
The Planning Board articles not on the consent agenda will come up on the same day and the
Moderator would let us know when they would be presented.
Review of Meeting Minutes February 10, 17 and 24, 2021:
Robert Peters moved that the Planning Board approve the minutes of the February 10, 17, and
24, 2021 meetings as distributed. Bob Creech seconded the motion. The Planning Board voted
in favor of the motion 4-0-1 (Roll call: Robert Peters – yes; Melanie Thompson – abstained;
Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED
Robert Peters moved that the Planning Board adjourn the meeting of March 10, 2021. Bob
Creech seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll
Page 8 Minutes for the Meeting of March 10, 2021
call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles
Hornig – yes; Robert Creech - yes). MOTION PASSED
Meeting adjourned at 10:28 p.m.
The meeting was recorded by LexMedia.
The following documents used at the meeting can be found on the Planning Board website in
Planning Board packets.
109 Reed Street:
Sidewalk Tree Impact Plan, dated February 19, 2021 (1 page).
Modification requested, dated February 7, 2021 (1 page).
Photos (1 page).
Town Meeting:
EDAC Annual Town Meeting Recommendation for Article 44 and 45, dated March 3,
2021 (2 pages).
Draft Article 44, Town-wide changes, dated March 9, 2021 (6 pages).
Draft Article 45, Hartwell Innovation Park, dated March 9, 2021 (7 pages).
Draft Article 37, Stormwater, dated March 9, 2021 (2 pages).
Draft Article 38, Trees, dated March 9, 2021 (2 pages).
Draft Article 39, Historic Incentives dated March 9, 2021 (4 pages).
Draft Article 41, Structures in Setbacks, dated March 9, 2021 (4 pages).
Draft Article 42, Flood Plain Administrator, dated March 9, 2021 (3 pages).
Draft Article 43, Technical Corrections, dated March 9, 2021 (3 pages).
Draft Article 40, Retaining Walls, dated March 9, 2021 (3 pages).
Michael Schanbacher, Clerk of the Planning Board