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PLANNING BOARD MINUTES
MEETING OF JANUARY 27, 2010
A regular meeting of the Lexington Planning Board was held in the Selectmen’s Meeting Room, Town
Office Building, and called to order at 7:30 p.m. by Chairman Zurlo with members Canale, Manz,
Galaitsis, Hornig and planning staff McCall-Taylor, Henry and Kaufman present.
*************************TOWN MEETING WARRANT*********************************
RD rezoning amendment; Countryside Manor, Woburn Street:
The Board discussed the PSDUP to give guidance to the applicant.
Board comments:
The organization of the PSDUP was set up poorly and not acceptable; it needed to be
incorporated into the existing PSDUP;
Inclusionary Housing at 10% was not acceptable, it should be 15% and the affordability language
for the entire site should be updated to be acceptable to DHCD;
There should be an interior sidewalk to Woburn Street;
A large number of trees would be removed and there would need to be a count based on DBH
(diameter at breast height) caliper of the trees being removed and their replacements;
The Traffic Mitigation Group had concerns about a reasonable traffic mitigation package since
the new PSDUP would wipe out the old one; there needed to be a better understanding of the
conditions and commitments that currently exist and how it would be folded into the new one.
The Town should be left at least in as good a position as now exists;
Would the proposed building, characterized by one member as a monolithic and massive
structure, be compatible with the existing nearby smaller buildings?
There was concern about a positive revenue to cost ratio and a member asked the applicant to
consider making the units to be age restricted, although at the same time the applicant was
cautioned to make sure the PSDUP fully complies with antidiscrimination laws regarding
children.
Mr. Brian Kelley said he would consider many of the issues and address them next week.
Flood Plain Maps:
On a motion duly made and seconded, it was voted, 5-0, to accept the model bylaw with the removal of
the FNIP addresses and to authorize the staff to fill in the blanks where needed once the information was
provided by the federal government.
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Impervious Surface:
On a motion duly made and seconded, it was voted, 5-0, to use the current language of the article for the
public hearing.
Food Related Uses
The Board discussed the rewording of the article, which would be to add definitions for some of the
allowed food-related uses and, in keeping with changes made to the Center Business district, allow more
uses by-right without a special permit so the uses are treated more consistently throughout town. It will
prohibit “takeout food service” in the CS district where it is currently allowed by special permit and
prohibit the retail sale of “food not intended for consumption on the premises” in the CM district where
such use is currently allowed.
On a motion duly made and seconded, it was voted, 5-0, to approve the rewording of the warrant article as
discussed.
Solar Energy:
This is a Board of Selectmen’s (BOS) article. The Board discussed the article, considering expanding the
district where large scale generation might be allowed.
On a motion duly made and seconded, it was voted, 4-0-1, (Mr. Hornig abstained) to give feedback to the
BOS through staff, based on the Planning Board’s discussion.
Technical Corrections:
On a motion duly made and seconded, it was voted, 5-0, to go forward with correcting references within
the bylaw that may be needed due to other changes in the Zoning Bylaw, including changing references to
the “Traffic Management Overlay” to “Transportation Management Overlay”.
Center Committee Articles:
The Center Committee was looking to regulate banking by special permit, which was not in the original
warrant. The Board felt there was a need for more background data, including the distribution of different
types of businesses in the Center, and the average amount store front per establishment. The Board felt
that the Center Committee had classified the article as some simple fixes, but the Board did not feel this
was simple and the Committee should consider looking at it more closely and coming back at a later date
to allow more discussion and information.
Minutes for the Meeting of January 27, 2010 Page 3
**************************SUBDIVISION ADMINISTRATION****************************
Solly’s Way (112 Laconia Street): The applicant requested the Planning Board release their bond and
accept escrow for the trees that have not yet survived a winter. They completed the roadwork on Solly’s
Way, staff received the as-built plans and certifications from the project surveyor and engineer, and the
engineering division did a field inspection, which confirmed the road work was complete. While the
undergrounding of the utility wires has not been done, it was determined that a separate bond covered the
undergrounding of the wires.
On a motion duly made and seconded, it was voted, 5-0, in keeping with §175-56, Completion of
Subdivision, that the Board certifies that the ways and municipal services within the subdivision have
been installed except for the underground utilities, and releases the applicant from the obligations
associated with development, provided the staff accepts funds in escrow to assure the replacement of any
damaged trees in accordance with §175-56B(9), Escrow Funds for Landscaping.
*********************************MINUTES******************************************
The Board reviewed the minutes for the regular meeting of December 16, 2009. On a motion duly made
and seconded, it was voted, 5-0, to approve the minutes as amended.
The Board reviewed the minutes for the regular meeting of January 6, 2010. On a motion duly made and
seconded, it was voted, 4-0-1, (Mr. Galaitsis abstained since he was not at the meeting) to approve the
minutes as amended.
********************PLANNING BOARD ORGANIZATION, SCHEDULE********************
There will be a Planning Board meeting on Wednesday April 7 at 6:00 p.m. for the public hearing for 147
Shade Street. The applicant for Lexington Gardens offered another site walk since the road will be staked
out. The staff will try to arrange for a Saturday morning around 8:30 am for those who are interested and
available. Board Members should advise staff if they want to go.
**************************BOARD MEMBER REPORTS*********************************
The Traffic Mitigation Group reviewed their charge. They will be losing their BOS liaison so are not sure
if they will be continued, but there needs to be a coordinating agency for traffic.
The BRSB had an open forum and discussed where they were in the process. They were looking at
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resources along the roadway, offroad walkways and bikeways and possible grants. Three subcommittees
for tourism, roadway and land use will be meeting to discuss land use. The Planning Board should weigh
in and make recommendations.
On a motion duly made and seconded, it was voted to adjourn the meeting at 10:36 p.m.
Anthony Galaitsis, Clerk