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PLANNING BOARD MINUTES
MEETING OF AUGUST 24, 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, Greg
Zurlo and planning staff Maryann McCall-Taylor, Aaron Henry and Lori Kaufman present. Ms.
Manz joined the meeting in progress. Ms. Ciccolo was absent.
**********************************LAND USE*********************************
Hartwell Avenue Anaerobic Digester:
Ms. Deb Mauger, Board of Selectmen Member, John Livsey, Town Engineer, and Bruce Haskell,
of CDM were present. Ms. Mauger came before the Planning Board to get feedback on issues and
concerns regarding what should be addressed in the Request For Proposal (RFP) for a proposed
organic waste energy generation facility that would be located in the Hartwell Avenue CM and
TMO-1 Districts. Mr. Haskell explained that the RFP would be to lease the land to vendors and
wanted to know what to expect from the Board about permitting.
Ms. Manz joined the meeting in progress.
Board Member Comments and Concerns:
This is a positive and useful proposal, but the purpose of the TMO-1 District plan is to
make the Hartwell Avenue area more attractive for commercial use and be able to handle
the traffic. This is a sizable operation and with trucks going in and out all day; would it
create heavy truck traffic and make it less attractive? Mr. Haskell said this would yield
approximately 48 round trips daily with trucks that would be enclosed and clean. The
operations would take place inside and with the site location would only be somewhat
visible. The timing of trips should not be during peak hours.
Would this proposal provide leverage for the Town to receive State and Federal funding
to help move along our transportation plan?
At the EDAC meeting there was interest in the site for 200,000 square feet of lab space.
They thought the Town might do better to consider this and it would also provide
leverage to get more for the site. Ms. Mauger explained this site was not being leased for
private development gain. The driving force for this proposal is that it would be the best
site for composting management and would allow the continuation of the many functions
now on the site, such as the regional emergency cache and the police firing range.
Page 2 Minutes for the Meeting of August 24, 2011
What would be the leasing terms? Mr. Haskell said it would be 15-20 years to start.
Traffic is not an issue for 50 trips a day, but there is a transportation plan for the overlay
district, which would take a long time to implement. Moving forward with this proposal
without implementing the traffic plan with a time table could cause a problem. This
appears to be an appropriate use for the site and district.
The earlier residents are informed that there would be no truck traffic going through the
neighborhoods the better the chance this proposal would have support at Town Meeting.
Mr. Haskell said there would be a specific truck route from Route 128 in and out of the
facility.
What would be the physical configuration of the facility? Mr. Haskell said it would 50-60
feet above grade, a large metal building with a small stack and a footprint of three to five
acres The remainder would be used for the compost and the whole open area is 23-25
acres.
What would the 48 trips be? Mr. Haskell said customers would be delivering materials
and trucks would be removing the finished products. How do you limit the scope? The
operation is limited by daily tonnage brought in. The limit would be 250 tons of organic
food waste material brought in daily, but there are other limits and DEP thresholds for
permitting that would need to be considered. Are there any facilities close to the Town to
do a site visit? Yes, in Rutland, MA, but on a smaller scale. How could we get more
information about what the facility would look like? Mr. Haskell said it would depend on
what vendor was selected.
Infrastructure improvements are 25 years away; how important to DEP is this project and
would it help Lexington get state funding for transportation infrastructure improvements?
How many communities are in competition for this? Mr. Haskell was not sure, but does
not know of any other proposed sites within 30 miles of here.
It is important to have the RFP reflect how things are now and what the future intentions
would be so the vendor understands the long range goals and keeps them in mind.
Audience Comments and Concerns:
Mr. Peter Kelley of the Board of Selectmen said this is a goldmine to utilize this site and
what Lexington needs to do as a green community.
The following is a list questions and concerns from Mr. David Kanter speaking as a
Lexington Resident regarding the RFP:
1. Does the RFP address regulatory infrastructures in a timely fashion for the required
zoning changes that would be needed?
Minutes for the Meeting of August 24, 2011 Page 3
2. Has there been discussion with the FAA regarding the height of the structure and if it
is allowable within the flight path?
3. Make sure Lexington is not violating capping authority for the dump site.
4. Is the police firing range being used by our officers? Do not protect a structure which
does not have a functional use for the Town.
5. The vendor should be responsible for some of the intermediate traffic infrastructure
that would be required to accommodate this facility.
6. The Town approved a culvert improvement to the roadway; make sure the trucks
won’t overstress the roadway going in and out of the site. If there needs to be an
enhancement, the vendor should contribute.
7. Make sure the RFP has the vendor responsible for supervising the nature of the traffic
and not make the Lexington Police Force responsible. Penalties should be imposed if
standards are not complied with.
8. Consider night time travel for trucks in and out of the site.
9. Will these be European-based vendors or US vendors with licenses?
10. When will the draft of the RFP be ready for review?
Mr. Canale said this item will be added to the work plan for Spring Town Meeting and would
need to be ready by December. Ms. Mauger said she would get back to the Board regarding a
time line. Regarding truck traffic on Bedford Street from Route 128 there are a number of
residential properties along Bedford Street and no trucks should be allowed to travel from 7:00
p.m. until 6:00 a.m.
************************DEVELOPMENT ADMINISTRATION*********************
341 Marrett Road, release of performance guarantee:
The applicant has requested the release of the remaining $30,600 securing the infrastructure work
for the 341 Marrett Road development.
On a motion duly made and seconded, it was voted, 4-0, to release the town’s interest in the
performance guarantee for the development at 341 Marrett Road as the project is complete per the
plans. Developer Ronald Lopez affirmed that he would plant two hickory trees in the rear corner
and two spruce trees along the entryway on the site as previously promised..
Page 4 Minutes for the Meeting of August 24, 2011
1377 Massachusetts, Endorse plans and performance guarantees:
The applicant has requested the Planning Board endorse the plans and accept the performance
guarantee so the plans can be recorded at the registry. The only concern is that the Engineering
Department has yet to approve the estimated cost of construction. Pursuant to the applicant’s
request, staff is asking the Board if it will endorse the documents, which would be held by staff
until the Engineering Department approves the cost to construct. Once approved by the
Engineering Department the final amount agreed upon will be filled in and given to the applicant
with the endorsed plans to be recorded at the registry. There was some discomfort expressed with
this process so the Board agreed to allow the Planning Director to endorse the plans if all the
paper work is complete prior to the next meeting.
On a motion duly made and seconded, it was voted, 4-0, to authorize the Planning Director to
endorse the plans and accept the appropriate surety for the cost of construction once approved by
the Engineering Department.
***********************************MINUTES**********************************
On a motion duly made and seconded, it was voted, 4-0, to approve the minutes as amended for
July 13, 2011.
On a motion duly made and seconded, it was voted, 4-0, to approve the minutes as amended for
July 27, 2011.
*****************PLANNING BOARD ORGANIZATION, SCHEDULE****************
The Board of Selectmen will be meeting every Monday in September and the Planning Board
may be meeting with them on September 12 regarding the Hartwell Ave Transportation Plan
funding, transportation policy and any further questions regarding the Hartwell Avenue
Anaerobic Digester proposal. Ms. Manz will not be in attendance. The Board will discuss the
issues at the next Planning Board meeting September 7 for clarity. It was requested that staff
forward to the Board the TMO-1 Implementation Plan. The draft RFP for South Lexington maybe
ready for the next Planning Board meeting. Mr. Henry said the Center Committee was working
on the Center Zoning proposals. The Board would like some notice from the committee to allow
time to inform the public.
Minutes for the Meeting of August 24, 2011 Page 5
Mr. Canale met with Carl Valente and Planning Staff regarding transportation staffing and
organizing transportation services and incorporating transportation planning with the Planning
Department. There needs to be some transportation policies set to avoid conflicts with other
transportation committees and departments. The Planning Department is currently short staffed
and should try to hire someone sooner rather than later.
The applicant’s goal for the Dana House was to submit their PSDUP by Labor Day. Board
Members would like to see the PSDUP prior to submission to make sure it is appropriate and
likely to be successful at Town Meeting.
The Board discussed possibilities for how to handle the rezoning of the area for the proposed
Hartwell Avenue Anaerobic Digester.
********************************STAFF REPORTS******************************
The Economic Development Officer position was posted today. Applications are to be in by
9/23/11. Planning staff has put in a request for a graduate student internship from MIT.
********************************BOARD REPORTS******************************
Mr. Zurlo is meeting with the Drummer Boy Condominium on September 6 to discuss the
roundabout that will be constructed near them.
Ms. Manz said the Center Subcommittee hopes to come back before the Board on September 21.
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UPWP Unified Planning Work Program will be approved in September and both the Hartwell
Avenue roundabout and Route 2-224 maybe in the study. In September the MPO (Metropolitan
Planning Association) will approve the 25-year transportation plan, which does not include the
Hartwell improvements, but when the plan is amended, Hartwell could get on the long range
transportation plan and then possibly be placed on the TIP. The Economic Development Advisory
Committee wants Secretary Bialecki to come out to the area to address economic development,
which could be the key to possibly getting the transportation infrastructure done.
On a motion duly made and seconded, it was voted, 4-0, to adjourn at 9:20 p.m.
The meeting was recorded by Lexmedia.
Page 6 Minutes for the Meeting of August 24, 2011
The following documents used at the meeting can be found on file with the Planning Department:
1. Presentation on the Hartwell Avenue Anaerobic Digester presentation (5 pages).
2. Agenda Item and Summary by Staff regarding 341 Marrett Road, dated August 19, 2011
(2 pages).
3. Agenda Item and Summary by Staff regarding 1377 Massachusetts Avenue, dated August
19, 2011 (1 page).
4. Zoning Initiatives (1 page).
Wendy Manz, Acting Clerk