2023-03-29-PB-min - Laserfiche WebLink

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Minutes of the Lexington Planning Board Wednesday, March 29, 2023 Parker Room, Town Office Building 1625 Massachusetts Avenue, Lexington 6:00 pm Lexington Planning Board March 29, 2023 Meeting Minutes Page 1 of 3 Planning Board members present: Robert Peters, Chair; Michael Schanbacher, Vice-Chair; Melanie Thompson, Clerk; Robert Creech, Charles Hornig, and Associate Member Michael Leon. Also, present was Abby McCabe, Planning Director; Sheila Page, Assistant Planning Director. Robert Peters, Chair of the Planning Board, called to order the meeting of the Lexington Planning Board on Wednesday, March 29, 2023, at 6:00 pm in the Parker Room, Town Office Building, 1625 Massachusetts Avenue. LexMedia recorded the meeting. 2023 Annual Town Meeting Chair Peters informed the Board that the main agenda item was to review any new items that came in relative to Article 34 to Amend the Zoning Bylaw and Zoning Map to allow Village and Multi-Family Overlay Districts. He noted that two amendments have been submitted and a few others are in discussion. Chair Peters informed everyone that they ask for people to summarize their proposals and the Board members will save their comments until after all amendments have been discussed. The Lexington Cluster Housing Study Group submitted a proposed floor amendment to phase in the overlay districts. Mr. Shiple reported that he has heard concerns from Town Meeting members about the number of overlay zoning districts and the total proposed size creating a concern that there could be too much housing development too quickly. He noted that they have now also spoken to Mr. Kaufman who submitted an amendment to their phasing amendment. After speaking with Mr. Kaufman they recommend a revised floor amendment that would call for adopting the zoning districts now but that development in the zoning areas in the second phase could not be unlocked unless 1,231 new dwelling units haven’t been implemented by July 1, 2028. Mr. Shiple said the first phase meets the requirements of the law and guidelines. There was a question if Town Counsel had an opinion on the cap on the number of multi-family dwellings. Ms. McCabe responded that Town Counsel did have concern about a dwelling unit cap because usually the Attorney General has only supported such a limit if there was a specific reason and with an end date. Typically rates of development limits are only temporary with something that needs to happen during the intervening time. He was concerned such a limit would also not be approved by DHCD because the Guidelines say the zoning can’t impose limits not on other by-right uses and the Town does not impose such a rate of development limit on single-family housing. A phasing approach could be compliant if it doesn’t impose a maximum limit. Ms. McCabe informed the Board that Mr. Zabin has not formally submitted an amendment yet but he has said he would like to submit a floor amendment that would remove the reference to the underlying zoning districts to make the multi-family zoning be required and not optional. Mr. Zabin expressed concern for development of one-family dwellings under this zoning and would like to prohibit that and require multi- family development. Ms. McCabe had concern that this proposal is beyond the scope because the full Article 34 zoning was designed as an optional overlay district, not to rezone all of these areas. She also noted that one-family dwellings are not permitted under this proposed zoning, only under the underlying zoning. Board members also expressed concern that this proposal would not effectively do what he intends it to do and would be beyond scope.