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PLANNING BOARD MINUTES
MEETING OF JULY 27, 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 Richard Canale with members Charles Hornig, Wendy
Manz, Michelle Ciccolo and planning staff Aaron Henry and Lori Kaufman present. Mr. Zurlo
joined the meeting in progress.
************************DEVELOPMENT ADMINISTRATION*********************
Vine Brook Estates Ryder Lane, Release of Covenant:
The Board re-visited the covenant release for the Vine Brook Estates development due to an
omission of certain title information required by the Land Court Registration Office. The
applicant revised the Release to include the requisite information and resubmitted it to the Board.
Mr. Zurlo joined the meeting in progress.
On a motion duly made and seconded, it was voted, 4-0-1, (Mr. Zurlo abstained) to release the
covenant securing the Vine Brook Estates subdivision.
Philbrook Terrace, Release of Covenant:
The Board was requested by a property owner in an old development project to release a lot so as
to be able to complete a real estate transaction. In staff’s investigation of the matter, it was
learned that several other lots within the development were also never released, despite the
acceptance of the road as a public way in 1990. Therefore it was recommended that the Board
release not just the single lot in question, but the entire covenant securing the subdivision.
On a motion duly made and seconded, it was voted, 4-0-1, (Mr. Zurlo abstained) to release the
covenant securing the Philbrook Terrace subdivision.
137-139 Shade Street, Sketch Site Sensitive Development Plan:
The project was introduced and described by the project’s engineer, Frederick Russell, on behalf
of the owner, Frederick Keefe, who was also in attendance. As almost a year has passed since the
Board’s review of the first sketch plan for the site and subsequent site visit, much of the
presentation was spent reintroducing the project to the Board and public in attendance.
Page 2 Minutes for the Meeting of July 27, 2011
The plan depicts the merger of two existing parcels, each occupied by detached single-family
structures, developed as a Site Sensitive Development of four, single-family homes. The two
existing dwellings would be preserved, while two new structures would be created in the rear of
the parcel. Access to these new building sites has yet to be drawn, but it is anticipated that a
common driveway stemming from the existing driveway to 139 Shade Street would be used to
reach the interior of the site.
Board Comments:
The Board’s expressed the following comments for the next submission:
The plan should include the proposed structure at 147 Shade Street (a recently approved
Site Sensitive Development that abuts this property to the west);
The house furthest from Shade Street should be relocated to the south and west;
The plan should propose actual footprints of structures rather than bounding boxes;
The plan should address access to the building sites; and
Look at relocating access to 137 Shade Street to the common drive – abandoning the
existing driveway, and further reducing the impervious cover on the site.
Audience comments:
Abutter comments included:
Concern that pulling the house west would move it closer to the homes on Middle Street,
as opposed to moving the proposed dwellings closer to one another within the site;
More clustering within the development would provide more room for screening; and
This was a preferred alternative to the conventional subdivision, as shown on the proof
plan.
The Board then advised the applicant to proceed to the preliminary stage of plan development,
addressing the comments discussed in as much detail as possible.
APPROVAL NOT REQUIRED
55 Coolidge Avenue and 38 Adams Street:
On a motion duly made and seconded, it was voted, to endorse the plan entitled “Subdivision Plan
of Land 38 Adams Street in Lexington, MA” dated July 15, 2011, prepared and certified by
Thomas M. Killion, Professional Land Surveyor, Medford, MA with Form A (2011-2) submitted
by Pilgrim Congregational Church and Ricardo Fulop and Jane Chen-Fulop, the applicants, as it
does not require approval under subdivision control law.
Minutes for the Meeting of July 27, 2011 Page 3
************************ZONING BOARD OF APPEALS***************************
3 Forbes Road:
Staff briefed the Board on the 3 Forbes Road parking deck, which requires two variances and two
special permits to build as proposed. Staff suggested that a Parking and Transportation Demand
Management (PTDM) Plan be a condition of any approval. A PTDM Plan would mitigate the
increase in single-occupancy vehicles associated with the increase in the number of parking
spaces on the site.
The Board felt that as not all of the planned improvements to the area proposed as part of a recent
Planned Development District were complete, a PTDM Plan was sensible. The Board also
discussed the reasons for the variances, and that they seemed justified in order to minimize the
potential disturbance to an adjacent wetland resource area, but that the height of the structure
should be limited so that its scale does not overpower nearby structures. The Board also
discussed capping the number of employees on site to ensure that future tenants, who may have
many more employees than the current tenant, not overwhelm the area transportation
infrastructure.
441 Bedford Street:
Staff briefed the Board on this request for three variances, from side and rear zoning
requirements, in order for the homeowner to construct a proposed driveway extension and two-
car, detached garage. Staff was concerned with the high percentage of impervious surface the
project would result in and encouraged the Board to request that the ZBA condition any approval
with a requirement to infiltrate the increased runoff. The Board concurred and also raised
concerns about the justification for the variances in the first instance.
Staff will report both sets of comments to ZBA staff in time for the hearings.
*************************************ZONING*********************************
Zoning Bylaw Re-codification:
Attorney Mark Bobrowski was present to continue the discussion of the Zoning Bylaw re-
codification, specifically to discuss the changes to the Table of Uses.
Comments on the following changes to the draft:
Page 4 Minutes for the Meeting of July 27, 2011
A table of contents for the Use Table would be helpful;
The performance standards, aside from not being uses, break up the table. Mr.
Bobrowski will try them as notes in the next draft.
Major Items for Future Discussion:
Deletion of SPS/Major Special Permit Concept. All special permits will be treated the
same.
Non-conforming Residential Uses and Accessory Residential Uses in Commercial
Districts are not addressed in current Use Table. Mr. Bobrowski recommends requiring a
special permit for these uses.
Adult day care in residential districts should be discussed.
Absence of wind generation on a small, residential scale in current Table.
Mr. Hornig’s desire to “thin” Section B (Institutional Uses).
Discussion of size of primary farming in residential districts (permitted in all commercial
areas)
Proposed allowance of non-exempt composting facility in the CM district.
The parking of automobiles for commercial purposes in residential zones.
Addition of biotech Manufacturing in CRO.
Proposed insertion of solar and electricity generation in all zones
The purpose of zoning districts, notably CN, RM, but a few others as well.
Nonconformities (in general)
***********************************MINUTES**********************************
On a motion duly made and seconded, it was voted, 3-0-2, (Mr. Zurlo and Ms. Ciccolo abstained)
to approve the minutes for July 9, 2011.
*****************PLANNING BOARD ORGANIZATION, SCHEDULE****************
Ms. Ciccolo will not be available for the meeting of August 24, 2011.
Ms. Manz will be unavailable for the meeting of September 7, 2011.
The Board expressed a desire to review the final version of the Board’s committee and liaison
assignments and requested that staff provide this to them at its earliest convenience.
Minutes for the Meeting of July 27, 2011 Page 5
Work Plan Review:
The Board did not have any comments on the work plan, but it was pointed out that the items on
the plan had yet to be prioritized. Staff encouraged the Board to provide such guidance at its
earliest convenience.
********************************BOARD REPORTS******************************
Mr. Zurlo commented that he was unable to make the progress on the Hayden Avenue
Transportation Study RFP that he had hoped to, and that perhaps staff would be better able to
complete the project. Mr. Canale also volunteered to assist.
Ms. Manz reported to the Board that the Center Committee had formed a sub-committee to work
on the proposed Center Zoning articles, and that the whole committee planned to return to the
Planning Board at a meeting in September.
On a motion duly made and seconded, it was voted, 5-0, to adjourn at 10:15 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. Agenda Item and Summary by Staff regarding 137-139 Shade Street, dated June 16, 2011
(2 pages).
2. Sketch Subdivision Plan proposed Box Bounding Plan, dated May 28, 2011 (1 page).
3. Letter submitted by 137-139 Shade Street, dated June 3, 2011 (2 pages).
4. Agenda Item and Summary by Staff regarding ANR for 55 Coolidge Street and 38
Adams Street, dated July 21, 2011 (1 page).
5. Subdivision Plan of Land 38 Adams Street, dated July 15, 2011 (1 page)
6. Planning Board 2011-2012 Work Plan Items for discussion (1 page).
7. Draft of Zoning Bylaw Table of Uses, (16 pages).
Michelle Ciccolo, Clerk