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JOINT PLANNING BOARD RESIDENTIAL POLICY COMMITTEE MINUTES\]
October 15, 2015 MEETING
A joint meeting of the Lexington Planning Board and the Residential Policy Committee was
convened and called to order at 7:18 pm in the Reed Room, Town Offices.
Planning Board members present: Richard Canale, Charles Hornig, and Ginna Johnson. RPC
members present: Richard Canale, Tom Harden, Ginna Johnson and Michael Leon. Members of
the public who participated: Bob Pressman, Tina McBride, Diane Pursely, Todd Cataldo,
Marianne Lazarus, Ed Feinman, Wanda Koetz.
PUBLIC COMMENT
Mr. Feinman said that he had met with the Planning Director earlier in the day, that he had been
surprised that initiatives to revise the zoning bylaw were being considered and discussed, and
that he didn’t want his property “down-zoned.” He complained about the lack of public notice
for this meeting, cited the inconvenience that he had experienced from the demolition and new
construction across the street from his house, and said that he wanted to be able to sell his house
to a developer who would demolish it if he chose to. Ms. Johnson responded by acknowledging
his concerns, but informing him of the extensive outreach that has occurred regarding the RPC
process and the open nature of RPC meetings. She invited his future participation.
COMMITTEE BUSINESS
1.Draft meeting minutes of the 8/25/15 meeting were distributed, but not discussed or
approved.
2.It was agreed that the next meeting of the RPC will be Wednesday 10/28 at 7:15 pm.
3.Ms. Johnson stated that the Planning Board has requested that first drafts of any
initiatives that are expected to be placed on the TM warrant be available by November 1.
4.Ms. Johnson opened a discussion of public outreach and publicity of the RPC and Board
initiatives. The general conclusion was that available feasible channels for outreach were
being utilized. Mr. Pressman suggested that if the warrant for the Fall TM has not yet
been mailed, that mailing might be a vehicle for some kind of notice/publicity. Ms.
Johnson said she would follow up on this.
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INITIATIVES DISCUSSION
1.Neighborhood Conservation Districts. Mr. Canale reported that the NCD working group
is using the Wellesley General Bylaw as a model for a Lexington draft, and that Sally
Zimmerman and Marilyn Fenolosa have begun working on the draft. Preliminarily, the
draft would require 80% of a designated neighborhood district’s participation to be able
to petition Town Meeting, and a maximum of 20% opt out prior to an NCD’s approval.
A draft is expected to be ready prior to the Planning Board meeting on 10/22. A
discussion followed regarding the scope of regulation that an NCD might promulgate and
Mr. Pressman asked whether, for example, and NCD’s regulations could prevent a
teardown from occurring or could prevent LexHab from undertaking a housing
development in a district. Mr. Canale responded that a property could only be regulated
by an NCD if its owner had opted in.
2.Dimensional Controls. Mr. Hornig reported that the working group has discussed two
initiatives, a height limit reduction and a floor area ratio (FAR) limit, and that there is
consensus on moving forward with the height limit change. He described the height limit
proposal, saying that it would limit the height of a house on a nonconforming lot to a
height of 20’ plus 4/3 times the shortest side yard setback distance. On a lot with 50’ or
less of frontage where side yards are allowed to be reduced to 7.5’, and where a house
was proposed to be 7.5’ from the lot line, the height limit would be 30’. On a lot with 75’
or less of frontage where side yards are allowed to be reduced to 10’, and where a house
was proposed to be 10’ from the lot line, the height limit would be 33’-4”. And on a lot
with 100’ or less of frontage where side yards are allowed to be reduced to 12’’, and
where a house was proposed to be 12’ from the lot line, the height limit would be 36’.
Working group members Cataldo, Leon, and Harden agreed that the proposed height
limit reduction would limit the perceived negative impact of large new houses on small
lots. Mr. Cataldo said that he thought the height reduction would not have a negative
impact on sellers of existing houses, because it would still allow a well-designed new
house to be constructed.
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Mr. Hornig reported that the working group has not reached consensus on a proposal to
add an FAR restriction to the ZBL. Proposals for “high” and “low” FAR limits had been
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presented at the 9/24 forum, and since then Mr. Harden had drafted a 3 proposal for
review by the working group. Mr. Hornig said that there was no agreement in the
working group that an FAR limit should be used to prevent teardowns. Mr. Harden said
that he thought that one of the important goals of the RPC should be to encourage the
maintenance and construction of smaller or moderate-sized housing as a way of
preserving a level of housing diversity in Town. He said that housing diversity has a
value in itself, even if the more moderate-sized houses will be priced well above a level
that could be considered “affordable” or “attainable.” Others agreed that FAR
restrictions would not address the need for affordable housing. More discussion ensued
related to the impact of possible FAR restrictions on the sales value of existing houses.
Mr. Cataldo said that he thought that a lower FAR could result in a seller of a house on a
small lot receiving $100k or more less for the property. More discussion ensured on this
topic, with some agreement about the need to balance the concerns. Mr. Harden said that
his proposal would limit Gross Floor Area (GFA) on a 5,000 square foot lot to 3,250 sf,
on a 10,000 sf lot to 4,500 sf,, on a 15,000 sf lot to 6,000 sf, and on a 30,000 sf lot to
9,000 sf. Asked by Ms. Johnson, Mr. Cataldo said that limits he might be more
comfortable with would be 4,000 sf of GFA on a 5,000 sf lot, 7,000 sf of GFA on a
10,000 sf lot, and 11,000 GFA on a 30,000 sf lot. Ms. McBride, Ms. Pursely, Mr.
Canale, and Mr. Leon express support for a balanced FAR limit. Ms. Johnson asked the
working group to provide the Planning Board with a table indicating the different FAR
limits being considered. Mr. Harden said that any proposal for an FAR would also need
to address how GFA is defined, and what zoning relief would be available for those
proposing to exceed the allowed FAR. More discussion followed on these topics without
conclusions.
3.Tree Protection. Ms. Johnson reported that she had met with the Tree Committee and
the group decided not to proceed with an initiative that would require a consultation
before any large caliper tree could be cut down. She said that the group liked and wanted
to pursue the idea of a “Tree Summit” with the Planning Board.
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4.Diversity of Housing Types. Mr. Hornig stated that he is interested in bringing forward
several initiatives to promote housing diversity:
a.Allow 2-family housing by right wherever single-family housing is currently
allowed;
b.Amend the accessory apartment bylaw to remove some of the more unnecessary
and complicating rules;
c.Make changes to the Special Permit residential requirements to encourage smaller
houses.
Discussion followed on the 2-Family-By-Right idea. Ms. Johnson asked what would
prevent the bylaw from enabling large and expensive houses to be built under this
provision. Mr. Pressman said that he thought that an initiative that would allow 2-
families could be the most important initiative that the RPC could bring forward, in that it
could enable more affordable/attainable housing to be built. In response to the idea that
such an initiative may be too ambitious to bring to the spring TM, Mr. Harden
encouraged efforts to bring it forward further, so that there could be more vetting and
development of the proposal. Ms. Johnson said that she was interested in an initiative
that would address some of the shortcomings of the Balanced Housing provisions in the
ZBL.
DATA COLLECTION AND ANALYSIS
Mr. Cataldo asked whether Aaron Henry had made progress in researching the fiscal impact of
limiting FAR on new construction. Ms. Johnson asked Mr. Harden to follow up, and ask Mr.
Henry for an update. Planning Board members Johnson, Hornig, and Canale discussed the
coordination of outstanding tasks and agreed to continue the discussion with the Planning
Director.
ADJOURN
The meeting was adjourned at 10:15 pm.
Documents Attached:
Sign-in Sheet
Tom Harden, Scribe
Ginna Johnson, Clerk
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