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PLANNING BOARD MINUTES
MEETING OF JANUARY 23, 2008
A meeting of the Lexington Planning Board in Estabrook Hall, Cary Hall was called to order at 7:30 p.m.
by Chairman Hornig with members Zurlo, Galaitsis, Manz, and planning staff McCall-Taylor, Henry and
Kaufman present. Mr. Canale who has recused himself from the discussion of the Article IX amendments
was absent.
***************************ARTICLES FOR 2008 TOWN MEETING***********************
Mr. Hornig opened the public information meeting at 7:30 p.m. on the Planning Board’s proposed
amendment to the Zoning Bylaw for Special Permit Residential Developments. There were 25 people in
the audience.
Mr. Hornig’s presentation explained the changes, based on the experience of the last 12 years, would
make the Zoning Bylaw simpler and easier to understand. The presentation provided an overview of what
the bylaw would require and new terminology.
Audience Comments and Questions: Mr. Patrick Mehr asked what are we really trying to achieve and
why spend this time? The Floor Area Ratio (FAR) would be good to introduce now. If we want smaller
houses why allow an increase in the Gross Floor Area (GFA)? Why is the Board following this practice if
houses are too large, instead he proposed a friendly amendment cutting the GFA by 25%. Mr. Hornig
responded the effort was to simplify the bylaw. If the bylaw were so restrictive it would make the whole
bylaw entirely irrelevant because no one would use it. This is a practical alternative to large single-family
homes. The FAR would need to be applied to all houses, which is not being done now. Ms. Manz said
they need to work with developers or the town will get only large single-family homes as-of-right.
Mr. Arthur Katz asked if there was a way to determine if the incentive bonus would work to provide
affordable housing. Mr. Zurlo said there were no specific numbers, but giving a 20% density bonus was
generous and would be generous based on what we know to be typical incentives offered through other
bylaws.
Mr. Joel Adler said there would be no requirement for open space, but we want to promote open space.
Mr. Hornig said there was be an increase in the amount of common open space required, it was just the
requirement for useable open space that would be deleted. Mr. Adler said wetlands would just be thrown
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Minutes for the Meeting of January 23, 2008
in then. Mr. Hornig responded saying no, the open space has to be uplands. Mr. Galaitsis asked whether
the minimum useable open space is delected from both future cluster and conventional developments. Mr.
Hornig clarified that it is.
Mr. Frank Sandy said he felt with the Balanced Housing Development while the intent is laudable, having
50% below 4,700 square feet and 25% below 3,500 square feet would not work. He said that the numbers
needed to change and required units should be considerably smaller.
Mr. Ken Kreutziger asked if a prototype had been developed using four units with 32,000 square feet
GFA, 10% affordable, and 33% open space. He said to make sure the numbers work if they want to
achieve their objectives.
Chair of the Board of Selectmen, Ms. Jeanne Krieger, asked if the Board is encouraging sustainable
developments using green housing techniques? Mr. Hornig said at this time the Board is not prepared to
put that in the regulations since the techniques are too new and the Board needs to research them. The
Board may ask developers to incorporate LEEDS standards, but not at this time. Ms. Manz said the Board
has made a commitment to address the standards and there will be considerable research and discussion
when they revisit this issue in the near future.
Ms. Gloria Bloom asked how the affordability of units would be maintained. Mr. Hornig said there would
be a resale covenant that goes with the land in perpetuity.
Mr. Fred Martin said he presumed developers find it more attractive to put more units in a cluster so what
would the quid pro quo be? What restrictions would be put in place to protect the abutters? Mr. Hornig
said there is 33% more open space and mix of unit sizes with smaller units.
Mr. Joe Marino asked what would be the standards regarding the proof plan? Mr. Hornig said the Board is
discussing changes, but nothing new right now.
Mr. Frank Sandy stated affordable housing held in perpetuity is confusing. You could purchase an
affordable unit when you qualify and then your earnings increase and you no longer qualify. A
requirement should be added that they can only be rental and conveyed to LexHAB so when the resident
no longer meets the income restrictions another qualifying person could have the same opportunity as the
previous tenant. Mr. Hornig said there are standard requirements and it is important to offer both options.
Minutes for the Meeting of January 23, 2008 Page 3
Ms. Manz said they could stay in the unit, but they won’t have any incentives to stay as you would with
an unrestricted home.
Mr. Robert Whitman asked about the retention of site coverage in the Site Sensitive Development? Mr.
Hornig said if you eliminate a roadway it cannot be converted to a house.
Ms. Gloria Bloom asked what was the point of impervious surface, are there differences on the type of
surfaces that are out there, and how are they considered? Mr. Hornig the current bylaw is black and white,
a surface is either pervious or not. The Town Meeting was quite adamant about retaining the Impervious
Surface Ratio limit. It is meant to retain more of the site as green and the Site Sensitive and Balanced
Housing Developments are going to operate under the roughly same limits as in the conventional
developments.
Mr. Andy Friedlich is concerned about the direction this was going with the living area square footage no
longer regulated. He would like the Planning Board to require developers to submit floor plans. Mr.
Hornig said as there will be no limit on bedrooms there is not need for floor plan. Mr. Zurlo said the
overall size of the home could be limited through the GFA, but what criteria could be used to limit the
number of bedrooms? Mr. Friedlich stated the living area square footage is overly liberal. The intent of
the cluster bylaw approval at Town Meeting in 1996 was to encourage smaller units for empty nesters.
Mr. Hornig said the current bylaw looks for a “diverse set of housing opportunity” not only for empty
nesters.
Mr. Hornig said the formal public hearing is in three weeks and there may be changes to the article. If
possible, the articles will be published a week before the hearing. Mr. Hornig closed the public
information session at 8:55 p.m.
At next week’s public hearing Mr. Canale will present the Associate Planning Board Member Article.
Either Mr. Zurlo or Mr. Hornig will present the Height Article.
************************************** MINUTES *************************************
Review of Minutes: The Board reviewed and corrected the minutes for the January 2, 2008. On a motion
duly made and seconded, it was voted, 4-0 to approve the minutes as amended.
**************************SUBDIVISION ADMINISTRATION****************************
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Minutes for the Meeting of January 23, 2008
Grandview Avenue, Acceptance of Easement: The Planning Board, pursuant to Town Counsel’s advice,
endorsed the Grant of Easement as required by Land Court.
Mr. Henry advised the Board that the recording of Solly’s Way occurred at Land Court that afternoon.
************************************* STAFF REPORTS********************************
Ms. McCall-Taylor said that she and Mr. Henry attended the LEEDS Neighborhood Development
Conference. There might be something to consider using in the review of special permit projects, but not
at this time, as the LEEDS standards are still in a draft form.
************************************ BOARD REPORTS********************************
Mr. Zurlo said the EDTF is meeting with Larry Smith Friday morning at 8:00 a.m.
The Zoning Board of Appeals is meeting on the Special Permit with Site Plan Review for the Lexington
Technology, CD-10 Zone, tomorrow. The Conservation Commission postponed the 960-990 Waltham
Street hearing.
***************************ARTICLES FOR 2008 TOWN MEETING***********************
Mr. Hornig opened the discussion regarding feedback from that night’s public information session.
Ms. McCall-Taylor said the Board would need to determine the range of options on the 25% and 50%
requirements on housing size; should they restrict the 50% to as little as 2,700 square feet? In addition,
the Board should discuss the gross floor area standard; should they stay with the current 7,200 square feet
or increase to 8,016 square feet (which should be rounded to 8,000 square fee). Mr. Zurlo said the Board
is not guaranteeing the maximums; they need to look at the proof plan as referred to in the zoning bylaw
with the layout of the lots and roadways. He felt open space needed to be defined better. Mr. Zurlo
wanted confirmation that the 33% minimum open space doesn’t include the wetlands. Mr. Galaitsis said
the draft does not address his concerns about lack of adequate controls that ensure comparable
development impacts. Mr. Henry said the design process would require an analysis of the site.
Mr. George Burnell asked if this changes the number of units on lots? Mr. Hornig said there would be
more of the smaller units, but there are no explicit numbers.
Mr. Patrick Mehr urged the use of an FAR; he felt the use of a fixed number implies it would go up from
Minutes for the Meeting of January 23, 2008 Page 5
there. Mr. Hornig said the lot size is fixed and the GFA is 8,000 square feet. Mr. Hornig said FAR is not
the issue on these; it’s more appropriate on the conventional.
On a motion duly made and seconded, it was voted to adjourn the meeting at 10:07 p.m.
Wendy Manz, Clerk