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HomeMy WebLinkAbout2021-04-05-PB-min PLANNING BOARD MINUTES MEETING OF APRIL 5, 2021 Minutes of the Lexington Planning Board th Held on April 5, 2021, Virtual Meeting per Governor Baker’s Order at 5:03 pm Present: Charles Hornig, Chair; Robert Peters, Vice-Chair; Clerk; Melanie Thompson; and Robert Creech. Also present were Amanda Loomis, Planning Director, Sheila Page, Assistant Planning Director and Sandhya Iyer, Economic Development Director. Michael Schanbacher, joined the meeting at 5:14. 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. *****************************TOWN MEETING********************************** Consideration of Proposed Amendments to Zoning Articles: Article 45, Hartwell Innovation Park: The Board discussed the proposed amendment to Article 45 by Ms. Arens. The Planning Board unanimously voted to oppose that amendment at the last meeting. Ms. Iyer said she and staff prepared a revised report for the Board’s review which Mr. Hornig shared. The report was based on feedback from many stakeholders that included professional staff, engineering firms, sustainability consultants, developers, and landowners in the C-HIP District and will be presented at Town Meeting tonight. Mr. Schanbacher joined the meeting at 5:14 p.m. It was stated in the report that based on staff research and stakeholder feedback that this proposed change would effectively prohibit high value life science redevelopment in the majority of C-HIP District, which would defeat the whole purpose of this district. The Planning Board reaffirmed that this change should not be adopted. Board Member Questions for staff:  Mr. Creech said he still believed that this amendment should not go forward.  Ms. Thompson said she there seemed to be a lack of understanding by people of what the bylaw says and what the article says. Final clarification would really help and getting experts to speak on this would help and this has gone way left and needs to be brought back to the middle. Page 2 Minutes for the Meeting of April 5, 2021  Mr. Peters had no comments.  Mr. Schanbacher had no questions. Audience comments and Questions:  Ms. Hutton said she understood that, by a conservative estimate, without this amendment, C-HIP emissions will increase by a factor of 6 and town-wide emissions will increase by 42%. She asked the Planning Board if they were fine with that. Has there been an analysis of climate emissions for this as required? Mr. Hornig responded there was no reason to believe that Article 45 would increase emissions for any reason for over what is already permitted. This article will help make it easier for people to redevelop their existing properties and make them more energy efficient since they will need to comply with the new energy code which is going into effect soon.  Ms. Pappo said we have no way to really know the outcome of Article 45 since we do not know who will come and build, but we do know the outcome of more emissions being added into the air. Boston Properties said they could meet the proposed expectations and that is not in the report. Delay this Article to the fall if you need more time to think it out.  Ms. Stiegerwald asked for clarification on the goals of the Planning Board they wish to achieve for the climate emergency. Mr. Hornig responded to that request.  Mr. Rossi asked what would be lost if we pass this amendment tonight. Mr. Hornig and Mr. Peters responded to that question.  Mr. Mcgaw said Article 45 was not perfect and a lot of things were left out in zoning and are placed in your regulations. There needs to be communication on what they mean and what kind of teeth they have. Robert Peters moved that the Planning Board approve the supplemental report under Article 2 to Town Meeting as presented with staff able to correct for scrivener’s errors. Michael Schanbacher seconded the motion. The Planning Board voted in favor of the motion 4-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED Mr. Hornig asked the Board to discuss alternate possibilities if Ms. Arens amendment passes. He suggested the Planning Board ask that Article 45 in its entirety be referred back to the Planning Board if the amendment passes. Mr. Creech said the amendment should be sent back to the Sustainable Lexington Committee. Ms. Thompson said that emissions keeps coming up as a major part of the bylaw. Can Minutes for the Meeting of April 5, 2021 Page 3 staff explained how it could be addressed because I would like to see Article 45 pass for all the good it does provide? Ms. Loomis and Ms. Page explained how Article 45 has evolved and improved since September and why regulations are the best place for some items regarding sustainability. Ms. Thompson asked for clarification on why the emissions and BTUs should really be in the regulations and how that happens. Ms. Page said the regulations would be done by public hearing if Article 45 passes. Ms. Loomis provided more information regarding building code and why this amendment may have developers go elsewhere to build. Mr. Peters said his concern was to provide a developer with a bylaw that is attainable. The Building Commissioner was concerned with the language in the amendment. Ms. Schanbacher asked for clarification on what control does the Planning Board have over developers that are in their regulations. Ms. Loomis explained that how the regulations would work. Mr. Schanbacher said if this amendment passed it should be referred back to the Planning Board. Mr. Hornig said the Building Commissioner said that it would be impossible to build a building over 65 feet based on the way the proposed amendment is worded. Mr. Hornig asked the Board if they want to take a conditional position now or wait to discuss this further after they heard further discussion. Mr. Creech said it would be a mistake not to pass Article 45 as is. If the amendment passes they should discuss it at the Town Meeting. Mr. Hornig asked for a poll from the Planning Board in the hypothetical if the amendment as worded passed Town Meeting would Members want to refer it back to Planning Board, pass as is, or wait until later. Mr. Creech wait to hear what others say. Ms. Thompson want to change it to make it work. She does not know. Mr. Peters want it referred back to the Planning Board Mr. Schanbacher want it referred back to the Planning Board Mr. Hornig want it referred back to the Planning Board Three members want it referred back to Planning Board and two members would want to wait. If the amendment passes at Town Meeting the Planning Board would caucus at Town Meeting. Page 4 Minutes for the Meeting of April 5, 2021 ************************BOARD ADMINISTRATION**************************** Review of Meeting Minutes March 24, 2021: Bob Creech moved that the Planning Board approve the minutes of the March 24, 2021 meetings as distributed. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – abstained; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED Bob Creech moved that the Planning Board adjourn the meeting of April 5, 2021. Melanie Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED Meeting adjourned at 6:19 p.m. The meeting was recorded by LexMedia. Michael Schanbacher, Clerk of the Planning Board