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PLANNING BOARD MINUTES
MEETING OF APRIL 22, 2009
A regular meeting of the Lexington Planning Board in the Selectmen’s Meeting Room, Town
Office Building was called to order at 7:35 p.m. by Chairman Hornig, with members Manz,
and Zurlo, and planning staff McCall-Taylor, Henry and Kaufman present. Mr. Galaitsis joined
the meeting in progress. Mr. Canale had recused himself from the consideration of the
Lexington Technology Park application since he was an abutter to an abutter.
****************************** TOWN MEETING******************************
Special Town Meeting; Article 2; Lexington Technology Park:
Mr. Zurlo had not reviewed the recording of the April 16 meeting. Ms. Manz wanted to review
the Memorandum of Understanding (MOU), which would not be available until Monday, April
27 at the Board of Selectmen’s meeting. The Board would discuss this matter at a later date.
Mr. Galaitsis joined the meeting.
Annual Town Meeting; Articles 44-46 motion: Mr. Canale joined the meeting. The motion
with all the corrections will go out on the table at Town Meeting on Monday, April 27. On a
motion duly made and seconded, it was voted, 4-0-1, (Mr. Galaitsis abstained) to adopt the
updated motion.
Mr. Hornig said Ms. Sandy would be making an amendment, reviewed by Town Counsel that
would allow Town Meeting to weigh in on the plan after it is adopted. Ms. Sandy said she
worked with Mr. Hornig on the amendment so not to delay the process, but it would give Town
Meeting the feel they had a real buy in since the Town may have to pay for some of the
mitigations. Mr. Hornig said the Planning Board could either incorporate this into the Board’s
motion, or let Ms. Sandy propose her amendment on the Town Meeting floor and the Board
support it or not.
Board comments:
Mr. Zurlo asked if the plan was adopted by the Planning Board, was it expected to require a
two-thirds vote or a majority of Town Meeting? Mr. Hornig said this would be a non-binding
resolution and purely advisory. In response to Ms. Sandy's remarks, Mr. Zurlo said he didn’t
think it should be assumed that Town funds would be used for infrastructure improvements.
Mr. Hornig said that if there were a Town Meeting while the Board was working on the plan, a
Page 2 Minutes for the meeting of April 22, 2009
status report would be presented. Mr. Canale was concerned the Town was being asked to
approve the shell of a structure and had hoped the Board would be further along regarding by-
right, special permits and transportation. Also there should be buy-in from Board of Selectmen,
Town Manager and staff on the implementation of the final plan. Mr. Hornig asked the Board
if it preferred to incorporate the amendment into the Board’s motion or let Ms. Sandy make an
amendment on the floor. The Board decided to treat it as a friendly amendment on the Town
Meeting floor.
Special Town Meeting; Article 3, the rezoning of 12-18 & 24 Hartwell Avenue:
Mr. Galaitsis said it was not always possible for him to receive e-mail sent on the day of a
meeting and that all materials for review should be in the packets by Friday.
On a motion duly made and seconded, it was voted, 4-0-1 (Mr. Zurlo abstained) to recommend
Article 3 to the Special Town Meeting.
Special Town Meeting; Article 5, 6, & 9:
Mr. Hornig said these may be articles the Board would want to take a position on, but they
need more information first. Mr. Hornig said he would ask the article sponsor Mr. Friedlich to
come before the Board on Article 9.
Annual Town Meeting; Article 2, Planning Board Report:
The Board discussed Mr. Hornig’s outline for his presentation of the Article 2 Planning Board
Report. Mr. Henry said that the Board should talk more before giving time frames to the public
on what was next. Mr. Hornig wanted to make sure that Town Meeting would not expect
things to get completed right away. Ms. Manz felt this was a little ambitious and was
concerned with putting out those dates. Ms. McCall-Taylor said it was not an appropriate
vehicle to put out those time frames without the Board discussing it thoroughly in a more
expanded process. Mr. Zurlo said to strike out the traffic study as part of the Planning Board’s
work. Mr. Canale said the Town was funding the Hartwell Avenue traffic study and the
development hopefully should be self-sustaining. Mr. Hornig suggested restructuring the
outline to show what would be done in the next 1-2 years and things that would not be done.
Ms. Manz questioned offering a report that contained a bunch of negatives. Mr. Zurlo said it
Minutes for the meeting of April 22, 2009 Page 3
would be useful to remind the public that the work plan session in June would consider this
past year's discussions. Mr. Hornig said the Board seemed to feel it would be better not to
discuss the work plan. Mr. Galaitsis said in number four regarding the bigger picture, the
comprehensive plan was not to limit commercial development, but to address the quality of
life. Mr. Canale wanted to correct the myth that there had been no commercial development in
Lexington in the last 30 years.
Annual Town Meeting; Article 9 Report, Appropriate For Planning Board Consultation
Services:
On a motion duly made and seconded, it was voted, 5-0, to adopt the Article 9 report.
Annual Town Meeting; Article 48, Financial Support for Transportation:
Ms. McKenna passed out a revised motion and asked for feedback from the Planning Board.
She would finalize the motion incorporating changes and distribute to the Board when done for
possible reconsideration by the Planning Board.
Annual Town Meeting, Article 49, Three Ledgemont:
Mr. Zurlo was interested in seeing some conditions met to make the building more acceptable
to abutters, revision to the MOU with monies being put up front, and the stacks that penetrate
the roof should be setback from the roof ledge and placed on the building on the commercial
side away from residential abutters. Mr. Zurlo would then be open to revisiting the vote if these
conditions were to be met. Mr. Hornig asked Mr. Zurlo if it would be a consideration to change
the negative vote to a conditional one? Ms. Manz said it would be desirable to explore that
option, but what would be the essentials? Mr. Zurlo said the roof penetration of the stacks
location, $75,000 for a study soon after the Zoning Board of Appeals granted a special permit,
and a visual of the transition area from Spring Street of the commercial area to the residential
area to address abutters concerns.
Mr. Galaitsis said he did not mind reopening the vote, but the Board had never changed the
vote so close to the end in the past and it would be hard for the staff to write the conditions at
this late date. It seemed like the Board was negotiating with the developer after the public
hearing was closed. Members agreed to ask the applicant to provide additional information
Page 4 Minutes for the meeting of April 22, 2009
regarding the setback of the building from the neighbors, the roof penetration and the early
payment of mitigation money.
Article 49 Report:
Mr. Hornig asked if Mr. Canale’s rewrite fairly reflected the three members views? Mr.
Galaitsis liked it. Mr. Zurlo said he would edit Mr. Canale’s changes by Monday. Ms. Manz
said there should be some good things set forth in the report. Mr. Hornig said the Board
Members who would sign the report needed to find it acceptable. Mr. Hornig asked if any other
Board Member would like to present Article 49. Mr. Galaitsis would be overseas. Mr. Zurlo
said the chair should present the report. Ms. Manz felt it had been the custom to share the
burden. Mr. Canale said he hoped any of the five Board Members could present it and he
would be willing to do the presentation if he was in the majority.
*********************SUBDIVISION ADMINISTRATION************************
Murray Hills/Blueberry Lane; Definitive two-lot conventional subdivision plan:
On April 15, the applicant filed a definitive two-lot subdivision and may have a hearing on
June 10. This subdivision is also on the Conservation Commission’s agenda.
***********************************MINUTES*******************************
Mr. Zurlo had not been getting the minutes. They will be taken up at a later date.
***************PLANNING BOARD ORGANIZATION SCHEDULE*****************
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The Board reviewed its upcoming schedule. Mr. Zurlo will be away May 4 and 6. Lexington
Technology Park deliberations would need to be concluded by April 29.
*********************BOARD MEMBER REPORTS******************************
Mr. Canale said Lexington could lose the MBTA bus services.
On a motion duly made and seconded, it was voted to adjourn the meeting at 10:40 p.m.
Wendy Manz, Clerk