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Home My WebLink About2011-11-30-PB-min PLANNING BOARD MINUTES MEETING OF NOVEMBER 30, 2011 A regular meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room, was called to order at 7:33 p.m. by Chairman Richard Canale with members Greg Zurlo, Wendy Manz, Charles Hornig and planning staff Maryann McCall-Taylor, Aaron Henry and Lori Kaufman present. Michelle Ciccolo was absent. ************************DEVELOPMENT ADMINISTRATION********************* Jefferson Union, proposed change in condition regarding payment: The applicant has requested a modification of the special permit special condition #5, which in part required a $200,000 contribution to the Lexington Housing Assistance Board (LexHAB), or another option acceptable to the Planning Board as a modification to the Special Permit for use in the Town’s affordable housing program. The applicant is proposing a reduction in that amount to $40,000 or $50,000. Mr. Henry said that the ability to pay could be what was driving this offer. Board Comments:  Is it in the public interest to change the special permit? What is the justification?  It would be in the public interest to allow the reduced value as it would allow the project to be completed.  Consider making the last two units being offered affordable.  Make the existing unit more affordable.  The applicant could offer a unit in lieu of the payment.  This appears to have been an issue for several years and it is not clear that there is a compelling reason to accept this now.  The offer of $40,000 or $50,000 is not acceptable, but the Board could look at a reduced value for 1/3 of the market value of $500,000. The affordable unit is currently being marketed at $168,000. Mr. Henry suggested changing the percentage AMI affordable to 140% for a second unit. Staff will work with the applicant to find a solution the Board will be comfortable with. Page 2 Minutes for the Meeting of November 30, 2011 Rockville Avenue extension, update: There are issues with drainage and the condition of the transition to the paper street between Rockville Avenue and Davis Road.. The first and third plans show an increase of the road height by one foot. The latest set of plans for the drainage was approved by Engineering. Board Comments:  If the slope is excessive it would be considered a major change;  There are concerns about creating a new path and liability.  Mr. Canale will consult with the Architectural Access Board (AAB) for a formal opinion on creating a new path or a transition to an existing path. This discussion will be continued at the meeting on December 14. ******************************ZONING BYLAWS******************************* Zoning Bylaw Recodification regarding nonconformities: Attorney Mark Bobrowski was present to discuss the section of the zoning bylaws on nonconformities. Ms. Carolyn Wilson, Chair of the Board of Appeals was present. The Board discussed the draft distributed with proposed changes to section 5 non-conformities. Mr. Bobrowski said the present zoning bylaw tries to address every possibility and was not sure that was the correct approach. The Board discussed findings, special permits and variances with their appropriate use. Some carve outs were discussed to try and give more certainty to developers. The draft also offered more flexibility to the Zoning Board of Appeals. The latest version of the entire bylaw is dated September 30, 2011, and staff will incorporate Board comments and forward it as soon as it is done. The Board Members discussed if they want to bring the entire zoning bylaw to Town Meeting or break it into parts, which will be discussed at the meeting on December 14. Staff will reserve article spaces on the warrant for the bylaw based on what the Board decides. Mr. Bobrowski said the Board could do a stand alone warrant article on nonconformities. Mr. Todd Cataldo was concerned about smaller lots having reduced values and felt that setbacks should be set proportionately to the frontage of the lot. There should also be an effective date for at risk permits if this is going before Town Meeting this spring. Minutes for the Meeting of November 30, 2011 Page 3 ***********************************MINUTES********************************** On a motion duly made and seconded, it was voted, 3-0-1, (Mr. Hornig abstained) to approve the minutes for November 2, 2011 as amended. On a motion duly made and seconded, it was voted, 4-0, to approve the minutes for November 16, 2011 as amended. *****************PLANNING BOARD ORGANIZATION, SCHEDULE**************** On December 7, 2011 there will be a review of the Dana Home draft PSDUP, a sketch plan for a conventional subdivision at 497 Concord Avenue and the Center Committee will come back before the Board to further discuss their proposed zoning changes for Town Meeting. Mr. Canale suggested the Board do a recap of the goals and work plan for the year if time allows. On December 14, 2011 there will be deliberation on Rockville Avenue Extension, a preliminary plan for a site sensitive development and discuss zoning articles for the Dana Home, Center Committee zoning changes, zoning bylaw recodification, bio-digester, and prioritize other items. ********************************STAFF REPORTS******************************* Mr. Henry said the Hartwell Avenue Safety audit went well. The State is intrigued with the TMO at Hartwell Avenue and is looking into alternative funding for this project. There will be a report issued in approximately one week and staff will forward it to the Board once they receive it. The Colangelos, whose proposal for 12-18 Hartwell Avenue was previously approved by the Board are looking into construction of the sidewalks they promised. They will be looking for larger retail uses and want to change the uses in the CM Zone. It was suggested the Colangelos come before the Board to discuss the proposal. The East Street mylars are ready for the Board’s signatures, but staff has not received the covenant yet, which should be completed before signing the plans. The Board decided to wait for the covenant before endorsing the plans. Page 4 Minutes for the Meeting of November 30, 2011 ***************************BOARD MEMBER REPORTS************************** On Tuesday, December 6, 2011 at 7:00 p.m. in Cary Auditorium there will be a public hearing on the proposed Streetscape concept plan. The Battle Road Scenic Byway is also meeting to get a grant application in requesting Federal highway funds. Mr. Canale said that the Transportation Governance Committee met for a second time and agreed that the Transportation Element of the Comprehensive Plan is something the Town should be striving for and tying in some of items into the charges for the committees. The discussion included looking at how the committees could be restructured, having a transportation summit three times a year to try to pull things together, and looking at what the roles of the liaisons should be. Mr. Hornig said that he has a conflict with Conservation Commission meetings on Tuesday evenings and suggested that perhaps another member could switch committees with him. That will be discussed at another time. On a motion duly made and seconded, it was voted, 4-0, to adjourn at 10:22 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. Staff Report regarding proposed modification to the special permit, dated November 23, 2011 (2 pages). 2. Zoning bylaw recodification on nonconforming uses and structures draft dated November 20, 2011 (3 pages). Wendy Manz, Acting Clerk