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PLANNING BOARD MINUTES
MEETING OF OCTOBER 19, 2011
A regular meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room, was
called to order at 7:32 p.m. by Chairman Richard Canale with members Charles Hornig, Wendy
Manz, Greg Zurlo, Michelle Ciccolo and planning staff Maryann McCall-Taylor, Aaron Henry
and Lori Kaufman.
************************DEVELOPMENT ADMINISTRATION*********************
Rockville Avenue Extension, continued public hearing:
The applicant requested a continuance of the continued public hearing on the Rockville Avenue
Extension to November 2, 2011.
On a motion duly made and seconded, it was voted, 5-0, to grant the applicants request for a
continuance of the Rockville Avenue Extension continued public hearing to November 2, 2011 at
7:30 p.m. in the Selectmen’s Meeting Room.
Lexington Hills, lot release:
Mr. Joe Casey was present to represent the applicant. The applicant has received lot releases for
seven lots in the past and has now requested lot releases for an additional six lots.
The Board discussed the request and determined that a change in surety form to cash would be
more appropriate. A new cost estimate should be conducted for the work at the Lexington Hills
development that needs to be completed. The Board discussed with Mr. Casey the status of the
pathway to Potters Pond that will require permission from the Commonwealth’s Department of
Conservation and Recreation. He should contact the local representative’s office for help with this
issue.
On a motion duly made and seconded, it was voted, 5-0, to approve the release of lot 19 from the
covenant with the understanding that any future requests provide for a change in the form of
surety and include updated cost of construction figures.
Page 2 Minutes for the Meeting of October 19, 2011
*****************PLANNING BOARD ORGANIZATION, SCHEDULE****************
Ms. Manz asked that the Center Committee be placed on the November 2 agenda. The November
16 meeting will be kept light in case Special Town meeting is continued onto that evening.
November 30 Mr. Bobrowski will be in to review with the Board the non-conformities section of
the zoning bylaw. The Board requested that staff try to get the Dana Home project on the
December 7 agenda. Mr. Canale said he would not be available the first three weeks in January.
Mr. Zurlo will be out December 21 and possibly December 14. Ms. Ciccolo will not be in
November 30.
Ms. McCall-Taylor said tomorrow night at 7:00 p.m. in Cary Hall will be the Streetscape Design
Workshop.
The 1377 Massachusetts Avenue development is underway. The clearing has been done and a
tree reconciliation walk was completed. The decision authorized the removal of 226 inches, but
only 159 inches have removed to date, however the work on the trees to be relocated has been
deferred to allow the applicant to work with the abutter, but not much more tree removal is
expected.
Mr. Cataldo is looking to finish the Journey’s End Development and the Town is holding $40,000
for the south end work to be completed. The residents sent an email to staff that they do not want
the paths built in the development and were emphatic they were not needed. This will be brought
back to the Board soon for a determination, which would allow Mr. Cataldo to finish the project.
********************************STAFF REPORTS*******************************
On November 2 another street determination of adequacy will be before the Board. The staff
looked at ways to approach the street determinations issue, suggesting a change in the regulations
to allow existing conditions to remain when traffic and safety risks are low, making for less
disruption to the neighborhood. Mr. Canale asked that staff circulate the research done to board
members for their review.
Minutes for the Meeting of October 19, 2011 Page 3
********************************BOARD REPORTS******************************
Mr. Canale said the Bicycle Committee heard about the streetscape workshop and some may be
present, even though this is not the time for them to discuss their issues. Mr. Canale said the
Battle Road Scenic Byway did not get the grant they were seeking, but are moving forward with
legislation on the Byway Expansion and a celebration of that event.
At 8:20 p.m. the Board recessed for five minutes. The Board was back in session at 8:29 p.m.
At the Special Town Meeting there are seven articles, none of which the Board needs to weigh in
on. Mr. Canale said to tentatively to set up a Board Meeting for November 14, 2011 at 7:00p.m.
in the Planning Office before Town meeting. Mr. Zurlo will not be available that evening.
Mr. Zurlo said the Economic Development Advisory Committee is not meeting this month.
There were 35 applications for the Economic Development Officer position and the initial cuts
were made. The firstl interviews will take place soon. There were 22 applications for the part time
planning position, with initial cuts the number was reduced to eight applicants with some strong
candidates.
************************DEVELOPMENT ADMINISTRATION*********************
71 & 79 East Street, continued public hearing:
Mr. Canale called the continued public hearing to order at 8:30 p.m. There were five people in the
audience. Present were Mr. Rick Waitt, engineer, Gary Larson, landscape architect, and Adam
Christie from Meridian Associates, Todd Cataldo, applicant, and Mr. John Farrington, attorney.
Staff has provided a draft Certificate of Action and a draft Grant of Special Permit.
Mr. Waitt said the submitted documents were in response to the comments made at the September
st
21 meeting, the memos issued by Planning and Engineering staff and included an application
with 15 waivers that are all necessary to permit a Public Benefit Development. The Keeler-Fiske
history was submitted to the Board.
Page 4 Minutes for the Meeting of October 19, 2011
Board Comments:
Will the road constructed be a common drive or a private way? Mr. Farrington said it
would be a private way forever and that would be included as a condition in the special
permit and the Homeowners Operating Agreement.
At the last meeting it was debated on whether to keep the open space more open and
useable. It looks like all the trees were removed on this plan and that is a concern.
In the special permit special conditions number two needs to have a fee amount specified
for tree mitigation.
What materials are being used for the porous footpath? Mr. Waitt said there is a 24 inch
gravel base underneath the porous pavement.
How will the affordable unit be handled to make sure it is placed on the SHI list? Mr.
Cataldo was not sure if the affordable unit will be a rental or sale, but will work with
staff and it will be on the list in perpetuity.
Mr. Zurlo reviewed the audio of the last meeting and signed a statement affirming that he
reviewed all the evidence from the meeting he missed and therefore could participate in the vote
on the project at 71 & 79 East Street. (Mullins Rule).
On a motion duly made and seconded, it was voted, 5-0, to close the public hearing at 8:55 p.m.
A motion was made to grant the special permit with site plan review for a Public Benefit
Development at 71 & 79 East Street as shown on the plans with the special conditions as
amended in the draft decision.
Board discussion:
The open space will retain the 24-inch caliper tree at the corner of lot and the amended plans for
the Board’s endorsement will reflect that change.
On a motion duly made and seconded, it was voted, 5-0, to approve the definitive subdivision
plan for 71 & 79 East Street.
On a motion duly made and seconded, it was voted, 5-0, to grant the special permit with site plan
review for a Public Benefit Development to be built at 71 & 79 East Street in accordance with the
Minutes for the Meeting of October 19, 2011 Page 5
plans submitted and with the special conditions as amended in the draft decision and an added
amendment for the retention of the 24 inch caliper tree, which will be reflected on the final plans
for the Board’s endorsement.
On a motion duly made and seconded, it was voted, 5-0, to adjourn at 9:11 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. Letter from Edmund Grant regarding Rockville Avenue Extension, dated October 12,
2011 (1 page).
2. Memorandum from Staff regarding release of lots for Lexington Hills Subdivision, dated
October 5, 2011 (1 pages).
3. Lexington Hills Subdivision Lot Release Map, dated October 14, 3011 (1 page).
4. Memorandum from Staff regarding 71 & 79 East Street, dated October 14, 2011 (1
pages).
5. Letter from Meridian Associates regarding 71 &79 East Street, dated October 12, 2011 (9
pages).
6. Draft Certificate of Action for 71 & 79 East Street, dated October 19, 2011 (3 pages).
7. Draft Grant of Special Permit for 71 & 79 East Street dated October 19, 2011 (7 pages).
8. 71 & 79 East Street Definitive Subdivision Plan Set, dated October 12, 2011 (10 pages).
9. Keeler-Fiske Family History (1 page).
Wendy Manz, Acting Clerk