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PLANNING BOARD MINUTES
MEETING OF MAY 25, 2011
A regular meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room, was
called to order at 7:30 p.m. by Chairman Greg Zurlo with members Charles Hornig, Wendy
Manz, Richard Canale, and Michelle Ciccolo and planning staff Maryann McCall-Taylor, Aaron
Henry, and Lori Kaufman present.
***********************************ZONING***********************************
Zoning Bylaw Re-codification:
Attorney Mark Bobrowski was present to discuss the Zoning Bylaw re-codification. The Board
discussed the draft distributed with proposed changes. Mr. Bobrowski said this was to fix
inconsistencies with state law, fill in glaring omissions, and fix internal inconsistencies.
Board comments on the following changes to the draft:
Do not quote large chunks of 40A throughout the bylaw.
Why not change the Zoning Map to GIS based? Mr. Bobrowski said this was not within
the scope of the contract, but could be done.
Section 3.3 would be better placed in the Special Residential Regulations (Section 8 page
56).
Section 3.14 – Whenever there is more then one special permit it should be done by one
body to streamline the permitting process. Mr. Bobrowski said this would be a policy
decision not a legal decision.
Table of Uses in Section 2 - State exemptions have to be exempt, but some items are
exempt because the Town wants them exempt.
Table of Uses in Section 3 - It is difficult to follow state law, just allow two acre farms. It
was suggested to place no restrictions on raising crops but require two acres for the
raising or boarding livestock.
Table of Uses Section 5 - Let the sign section speak for itself.
Table of Uses in Part B - Outline the issues and harmonize in the next draft. Definitions
appear the same, but are regulated differently and may require different parking.
The public wanted simplification and collapsing districts was a preference shown at the
public hearing on food services.
Table of Uses in Section 9 - definitions are out of date.
Table of Uses - There were very few recreational uses allowed in Town and that should
Page 2 Minutes for the Meeting of May 25, 2011
be updated.
The standards in each section should be applied in addition to those at the beginning of
Section B as long as they are not inconsistent.
Add Bio-tech as an allowed use in the CRO District.
Dimensional Controls Section 4 - The impervious surface ratio and site coverage are
inconsistent and one needs to be removed.
Nonconforming lots should be addressed in Section 5.
Section 4.1 should capture the merger doctrine somewhere since this has come up on
occasion where multiple adjacent nonconforming lots held in common ownership must
be merged to be treated as a lot.
Section 4.5 Accessory Structures should be moved to Special Regulations.
Section 5 - It is not clear the value in splitting 5.5 and 5.7 since the affect is the same; just
fine-tune 5.5.
Section 5 should be moved to the back after Special Regulations.
Section 5.8 is far more complicated than what is wanted; there must be a better way to
deal with parking.
Consider moving the lighting regulations to the general bylaw, like the noise regulations.
Section 6.2.6 - Signs should not obstruct any path of egress.
***********************************MINUTES**********************************
On a motion duly made and seconded, it was voted, 4-0-1, (Mr. Zurlo abstained) to approve the
minutes for May 11, 2011, as amended.
********************************STAFF REPORTS*******************************
Ms. McCall-Taylor submitted to the Board a copy of the memorandum to be sent to the Board of
Selectmen (BOS) regarding goal setting. The Board determined that the memorandum would be
fine as is. A brief memo was drafted and sent to CLURPA as requested by the Board at the last
meeting. Ms. McCall-Taylor said she arranged for Rick Bryant of Tetra Tech Rizzo to work on
the write-up for a project need form (PNF) to be followed by a project identification form (PIF)
for Hartwell Avenue. Mr. Bryant has done the PNF and sent it back to staff for feedback. Now
the changes have been incorporated and it is on the Town Engineer’s desk awaiting final action.
Once this part of the process is completed the Town can start to get on the TIF for sometime in
the future. The South Lexington traffic study is still awaiting further action; it is moving slowly.
Minutes for the Meeting of May 25, 2011 Page 3
The Board has been invited to a reception for Susan Yanofsky on June 1 at 9:00 am, which is her
last day working for the Town.
********************************BOARD REPORTS******************************
Mr. Zurlo has taken on the responsibility to draft the RFP for the South Lexington Traffic Study
and asked for a Board Member to volunteer to help with the draft and work with Engineering and
staff.
Mr. Canale said CTPS as part of their work plan is doing a study on a roundabout evaluation tool
to determine if a roundabout would be applicable in a specific location. It should be completed in
September. THE MPO has three certification documents the TIP, long range plan and the Unified
Work I Plan Program in a draft stage. There are 11 potential projects and one includes Route 4-
225 for high congestion. Mr. Canale proposed that the Town of Lexington write a letter of
support for this project since there are present traffic counts, projected traffic counts and two
proposed roundabouts and it would be a good way for the MPO to evaluate its tool and help the
Town to the expedite the 25% design requirement. The letter should go to the BOS meeting for
approval. Mr. Canale believes the Town of Bedford supports this project as well.
Ms. Manz reported that the Center Committee is working on three segments with the Economic
Development Office: 1) Encouraging the Board of Selectmen to take specific steps to implement
the recommendations in the recent traffic study; 2) Working with the consultant on physical
improvements to the Center; and 3) Drafting proposed warrant articles regarding height, parking
and residential use in the CB district. The Center Committee would like to meet with the
Planning Board at its June 8 meeting for initial discussions on the proposed warrant articles.
Mr. Canale said there is a streetscape meeting tonight and there is a new scenario. The Battle
Road Scenic Byway management plan is being printed tomorrow. MAPC, along with four towns
and the park, have applied for funding of a grant application to produce maps and several other
things for outreach, but streetscape projects are not eligible for grants alone. If the streetscape is
considered part of overall road improvements or zoning changes to increase mobility it could
possibly receive some funding. There has not been any real traffic study of the Center on
movement and mobility to make it more pleasant for pedestrians.
Page 4 Minutes for the Meeting of May 25, 2011
Mr. Zurlo had put out a document on goal setting and will forward it to the Board. It included
other Board goals.
MAPC is having its annual meeting next Wednesday on June 1. Ms. Ciccolo is running for
president and Mr. Canale is running for the executive committee.
Mr. Hornig was curious about 100 Massachusetts Avenue going to the Board of Appeals
tomorrow for a variance to build a two-family reconstruction. Mr. Henry said it was located in
three districts and is a reconstruction of an existing two-family home.
******************************EXECUTIVE SESSION****************************
At 9:30 p.m., on a motion duly made and seconded, by individual poll of the Board – Mr. Zurlo,
Mr. Hornig, Ms. Manz, Ms. Ciccolo and Mr. Canale – it was voted 5-0 to go into executive
session for the purpose of discussing litigation against the Town regarding 12-18 Hartwell
Avenue and Lexington Hills, and not to return to public session.
On a motion duly made and seconded, it was voted, 5-0 to adjourn at 10:40 p.m.
The meeting was recorded by Lexmedia.
The following documents used at the meeting can be found on file with the Planning Department:
1. Draft 5 Zoning Bylaw re-codification, dated May 11, 2011 (128 pages).
2. Memorandum to the Board of Selectmen, dated May 26, 2011, regarding goal setting (2
pages).
3. Board of Appeals Petition to be heard on May 26, 2011 (1 page).
Michelle Ciccolo, Clerk