HomeMy WebLinkAbout2004-05-13-PB-minPLANNING BOARD MINUTES
MEETING OF MAY 13, 2004
The meeting of the Lexington Planning Board held in Roam 227, Clarke Middle School was called to
order at 7:00 p.m. by Chairman Harden with members Davies, Galaitsis, Kastorf, Manz and planning staff
Garber, McCall- Taylor, and Tap present. Mr. Peter Norstrand of DCAM and Ms. Judy Uhrig, Lexington
Board of Appeals Chairman, were also there.
****** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MINUTES ******* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Review of Minutes The Board agreed to postpone voting on the minutes listed on the agenda to a future
meeting.
* * * * * * * * * * * * * * * * * * * * * * * * ** REGIONAL,.INTERTOWNISSUES * * * * * * * * * * * * * * * * * * * * * * * * **
Middlesex Hospita Ms. McCall- Taylor distributed a notice from. the City of Waltham of a hearing on a
revision to the special permit for the redevelopment of the Waltham parcel of Middlesex Hospital. The
revision would allow for emergency -only access through the site, between Waltham and Lexington.
* * * * * * * * * * * * * * * * * * * * * * ** ARTICLES FOR 2004 TOWN MEETING * * * * * * * * * * * * * * * * * * * * * * **
Article 13, Rezone Met State Hospital site AvalonBay Mr. Garber reported that the Amended Land
Disposition Agreement by and between the Commonwealth, via DCAM, and AvalonBay Communities,
Inc., (dated December 3, 2003, as affected by letter agreements dated December 3, 2003, January 9, 2004
and January 13, 2004 (collectively the "LDA ") and signed by both parties,) now also memorializes
certain agreements with the Town of Lexington with respect to the LDA Amendment, as described in a
letter to the Town from DCAM and AvalonBay, dated May 12, 2004, and signed by all parties. The
agreement sets out an escrow agreement with respect to the Education Trust Fund, defined in Exhibit A of
the LDA Agreement, dated May 12, 2004.
Mr. Kastorf commented that in his presentation of the Board's recommendation on Article 13 at Town
Meeting tonight, he would describe the restoration of Kline Hall as a benefit of AvalonBay's
redevelopment proposal instead of as a mitigation. The other members agreed with this.
Anticipating potential negative statements and actions by some individuals at Town Meeting to derail or
prolong debate on AvalonBay's proposal, the Board agreed that they would stand by their position that
any risks of the project are balanced by benefits to the Town and acknowledged that continuing the debate
at any additional Town Meeting sessions would just be a gamble. And if the project is defeated, local
control of what happens on the site would be lost, as the state is exempt from zoning. Mr. Norstrand
confirmed this.
Town Counsel Ryan Pace joined the meeting for a discussion of where the line is between legal
requirements of zoning and illegal exactions from a developer.
On a motion duly made and seconded, the Board voted unanimously to Affioum at 7:50 p.m.
John L. Davies, Clerk