HomeMy WebLinkAbout2012-01-25-PB-min
PLANNING BOARD MINUTES
MEETING OF JANUARY 25, 2012
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 Wendy Manz, and
Charles Hornig and planning staff Maryann McCall-Taylor and Aaron Henry present. Mr. Zurlo
joined the meeting in progress. Michelle Ciccolo was absent. The meeting was recorded by
LexMedia.
--------------------------DEVELOPMENT ADMINISTRATION--------------------------
85-87 Hancock Street, Project completion:
The issues listed as outstanding in the 2006 planning staff memo have been completed and the
applicant is again requesting the release of the covenant.
On a motion duly made and seconded, the Planning Board determined by a vote of 3-0 that the
the construction of ways and installation of municipal services shown on the plan entitled Section
7.4.5, Definitive Subdivision, #87 Hancock Street,” dated June 1, 1999 (revised through
September 16, 1999) have been fully and satisfactorily completed by the applicant in accordance
with the Board’s rules and regulations and the Lexington Planning Board releases its interest in
the performance security, including, without limitation, the Covenant. On a motion duly made
and seconded, it was voted, 3-0, to authorize the Planning Director to execute the document if the
Registry permits.
Hazel Road, Street determination:
The applicant’s request to withdraw the plan from the agenda was accepted.
------------------------------ZONING BOARD OF APPEALS------------------------------
Opi Circle:
The applicant withdrew the application for a variance and will submit to the Planning Board an
Approval Not Required (ANR) plan that requires no zoning relief. To aid in the evaluation of the
proposed ANR, simple pre- and post-plans of the property have been requested. The
Conservation Commission has not approved the wetlands on the property and it may be more
efficient to have that done first.
121 Marrett Road:
The proposed accessory unit exceeds the terms of the Bylaw and therefore requires a variance.
22 Forest Street:
The Applicant is requesting four variances and two special permits in order to expand a pre-
existing non-conforming structure.
1726 Massachusetts Avenue:
The applicant is requesting a variance reducing the number of parking spaces to two, rather than
the required 10, and a special permit to allow fast food and take out food service for the operation
of a yogurt shop.
The conversation then shifted to the broader topic of whether there is a large number of a specific
type of variance being granted, and if so, perhaps the zoning bylaws need to be amended to
reflect this permitting, rather than continue to use the variance process. The types of variances are
best identified by the ZBA.
--------------------------PLANNING BOARD ORGANIZATION--------------------------
The Board’s upcoming meetings for February are the 15th and 29th. Should the Board need to
meet on March 7, it is likely that no staff will be available. Regular meetings of the Board are
already scheduled for March 14, and March 21. There will also be Planning Board meetings
scheduled immediately before Town Meeting on March 26 and 28; both will be begin at 6:00 PM
and last an hour. The Town election and Presidential primary is set for March 6.
OTHER ITEMS: The 186-192 Woburn Street definitive plan has been filed. The constructive
approval date is in mid-April and the hearing will be scheduled prior to the opening of Town
Meeting, likely March 14. The Board is anxious to move forward with the zoning rewrite.
---------------------------------------TOWN MEETING---------------------------------------
Motions on the Town meeting Articles for residential use and height in the CB District:
The Planning Board supports the residential uses and height in the CB district, but not the parking
article because it is too complex. The Board will attempt to draft a more comprehensive
approach next year.
Residential Uses:
Mr. Zurlo thought that unless the number of parcels where residential on the first floor might be
appropriate was known, it would be difficult to support this provision. Mr. Canale tended to
agree. He had opposed street level offices uses for similar reasons, but felt that the matter should
be brought to the public hearing before the Board made a decision on the matter. Mr. Howard
Levin, of the Center Committee, shared that on this point there was not unanimity of the Center
Committee either. The Center Committee’s Mr. Brown felt that in an effort to simplify the
permitting process it should be allowed by special permit, as it may not be foreseen, but may arise
nonetheless. Mr. Hornig reminded the group that while similar situations in the recent past have
been dealt with by variances, it is not the appropriate way to handle this. He would expect the
granting of a special permit to be quite limited.
Town Meeting Member Joel Adler voiced a concern that adding the potential for more square
footage to the CB District without addressing parking seemed unwise. He also was concerned
about the fairness of the proposal given that the Battle Green Inn was so recently denied a similar
height, and whether tall buildings will channel noise, and adversely affect street trees due to
increased shade.
On a motion duly made and seconded, it was voted, 4-0 to approve the language as edited, for the
public hearing.
Home Occupations:
Mr. Hornig suggested line 1.252 be a “Y” as it is already a commercial zone. On a motion duly
made and accepted, it was voted, 4-0, to approve the draft with the change of “SP” to “Y” in
1.252, allowing major home occupations by right.
Building Height:
This generated a fair amount of discussion. While some have rasied the issue of fairness to Mr.
Shapiro who redeveloped the old Battle Green Inn site, he had indicated that he was not
concerned with that.
Mr. Dick Brown of the Center Committee felt that having 3-D graphics at the public hearing
would help. He would like to see some sort of step-back requirement available if the 45’ limit
seems too much. Perhaps the canyon concerns could be addressed by showing appropriate street
sections Materials on great streets helps to make case for certain proportions.
Mr. Hornig recalled the Center Charette where there was support for taller buildings. Given the
100 feet face to face on Massachusetts Avenue, he felt a height of 45-50 feet was appropriate and
it had been allowed until the 1980’s. FAR usually controls intensity of development but in the
Center it would be controlled by parking, not FAR. He wants to allow a vanilla building with
basement and is happy with no regulation of the FAR.
Mr. Zurlo said that as an architect he did not know what was the right number for FAR. Mr.
Hornig said if they have a reason to limit FAR, do so, but otherwise just make it NR.
Concerns were expressed about the Town Meeting Members’ reactions to the possibility of four
stories but they were willing to wait for input at the public hearing to see what people felt about
the number of stories and the FAR,
Ms. McCall-Taylor said she would hire someone to do graphics, send the Board the FAR study
done by Ms. Xue and would work with the Center Committee on the public hearing presentation.
Mr. Levin suggested looking at what is happening in the surrounding Towns.
On a motion duly made and seconded, it was voted, 4-0, to go to public hearing with the motion
as edited.
---------------------------------------------MINUTES---------------------------------------------
On a motion duly made and seconded, it was voted, 3-0-1, (Mr. Canale abstained due to absence
on the night in question) to accept the minutes of January 11, 2012.
---------------------------------------BOARD REPORTS---------------------------------------
Wheeler Rd, Burlington, Rezoning – Mr. Zurlo attended the Burlington Planning Board’s public
hearing on the proposed rezoning. Mr. Canale felt that the project might incentivize the State to
contribute more to traffic mitigation along Middlesex Turnpike Corridor.
Community Task Force – The group presented an analysis on services to the Selectmen.
Street Determination Process – Mr. Zurlo expressed that the present method of determining street
adequacy was too much of an imposition on single-family developers. Mr. Canale expressed that
proper access for Fire Department apparatus has been the major issue
Hartwell Avenue Implementation – At Mr. Hornig’s request, Ms. McCall-Taylor updated the
Board on the status of the various filings to MassDOT and the Boston MPO, as well as the recent
Highway Safety Audit.
Mr. Canale expects the Planning Board will prioritize transportation governance after Town
Meeting. In response to the proposed MBTA service cuts the Town is preparing comments, and
the Board authorized Mr. Canale to sign on its behalf.
Economic Development Advisory Committee – Mr. Zurlo learned that an RFP for an anaerobic
biodigester was going out but that the EDAC would prefer a master plan and RFI process instead.
Ms. McCall-Taylor also noted that the EDAC would prefer a dedicated Route 128 Hartwell
Avenue exit, even if it required a slip lane.
----------------------------------------ADJOURNMENT----------------------------------------
On a motion duly made and seconded, it was voted, 4-0, to adjourn at 9:45 p.m.
The following documents used at the meeting can be found on file with the Planning Department:
1. Memorandum from staff for 85-87 Hancock Street, dated January 20, 2012 (1 page).
2. Letters from Joel Werrick regarding Hazel Road, dated 1/25/12 (1 page).
3. Draft motions for Center Zoning Articles (3 pages).
4. Board of Appeals Petitions to be Heard on February 9, 2012. (1 page)
Wendy Manz, Acting Clerk