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HomeMy WebLinkAbout2021-09-22-PB-min PLANNING BOARD MINUTES MEETING OF SEPTEMBER 22, 2021 Minutes of the Lexington Planning Board Held on September 22, 2021, Virtual Meeting at 7:00 pm Present: Charles Hornig, Chair; Robert Peters, Vice-Chair; Michael Schanbacher, Clerk; Robert Creech, Melanie Thompson, and Michael Leon, associate member. Also present was Amanda Loomis, Planning Director. Charles Hornig, Chair, call to order the meeting of the Lexington Planning Board on Wednesday, September 22, 2021, at 7:02 pm. For this meeting, the Planning Board is convening by video conference via Zoom. LexMedia may broadcast this meeting live and will record it for future viewing. Detailed information for remote participation by the public may be found on the Planning Office web page. Mr. Hornig conducted a roll call to ensure all members of the Planning Board and members of staff present can hear and be heard. Mr. Hornig provided a summary of instructions for members of the public in attendance. It was further noted that written materials for this meeting are available on the Town’s NovusAGENDA dashboard. ***************************TOWN MEETING***************************** PUBLIC HEARINGS: Amend Zoning Bylaw Structures in Yards: Public Hearing: Mr. Hornig opened the public hearing and presented the updated proposed zoning bylaw amendment for Structures in Yards, dated September 20, 2021. Board Comments and Questions: There were no comments or questions. Public Comments and Questions:  A request for clarification was made on how this would apply to an existing fence that would not be conforming.  A request for clarification was made regarding the definition of a fence and materials that could be allowed to construct the fence, height, and what the fence could look like.  A question was asked if the limitation for fences applied to other structures in the yard.  A question was asked if the structure limitation included hedges. Staff will get back to this answer question. Robert Peters moved that the Planning Board close the public hearing on Structures in Yards. Michael Schanbacher seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED Page 2 Minutes for the Meeting of September 22, 2021 Robert Peters moved that the Planning Board recommend approval to the Fall Special Town Meeting for the zoning amendment for Structures in Yards in substantially the form as presented. Bob Creech seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED Amend Zoning Bylaw Diversity, Equity, Inclusion and Permitting: Public Hearing: Mr. Hornig opened the public hearing and presented the updated revised proposed zoning bylaw amendment for Diversity, Equity, Inclusion and Permitting dated September 21, 2021 with the changes incorporated by Town Counsel. Board Comments and Questions: There were no comments or questions at this time; they will wait to hear from the public. Public Comments and Questions:  A request for clarification was made on how this would be applied to the work of the Planning Board.  A request for clarification was made regarding the use of criteria for diversity and community needs on special permits and site plan reviews.  A request for clarification was made on the change of family to household and how this would limit or contain who can live in a specific household and preventing the creation of an issue regarding the school system overcrowding. There was expressed concern that there is no definition that defines this.  A statement of concern was made that the definition is too broad on who can live in a household and is unenforceable. A request for clarification on why in §135.9.4.2 section 1 economic needs and potential fiscal impacts were removed and do these changes pertain to all zoning regions and not just for commercial or residential? It was also asked if there was an example regarding §135.9.4.2 where any special permit decision would have changed with this proposed revision.  A statement was made to thank the Planning Board for addressing Article 8 and asked if the Zoning Board of Appeals had access to data or resources to request an analysis of data to support their decision making and the information provided by the proponent of a project.  A statement was made to thank the Planning Board for this proposal since it shows who we are as a community.  The Lexington Human Rights Committee chair really appreciated this amendment and bringing it to the committee.  A statement was made expressing appreciation for the work that has been done on this and starting the process.  Ms. Duffield, Chief Equity Officer, thanked the Board for all the hard work on this zoning article and appreciate being looped in early by Mr. Hornig for these important changes that are being considered.  A statement was made that the word impact should not have been removed. Minutes for the Meeting of September 22, 2021 Page 3 Board Comments and Questions:  Mr. Peters asked for any insight on why Town Counsel removed the word impact.  Mr. Creech will be present for the October 6 meeting. Robert Peters moved that the Planning Board continue the public hearing on Diversity, Equity, Inclusion and Permitting to Wednesday, October 6, 2021 at 7:00 p.m. Bob Creech seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED Amend Zoning Bylaw Solar Energy Systems: Public Hearing: Mr. Hornig opened the public hearing and presented the updated proposed zoning bylaw amendment for Solar Energy Systems, dated September 20, 2021 with the changes incorporated by Town Counsel. Public Comments and Questions:  A statement was made that you cannot deny Site Plan Review and can only make conditions why not just make it a special permit where you can say no.  A statement was made to thank the Planning Board for streamlining this process. Board Comments and Questions:  Mr. Leon asked for clarification on the height and setback information that is regulated in a different provision of the bylaw. Robert Peters moved that the Planning Board close the public hearing on Solar Energy Systems. Bob Creech seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED Robert Peters moved that the Planning Board recommend approval to the Fall Special Town Meeting for the zoning amendment for Solar Energy Systems in substantially the form as presented. Michael Schanbacher seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED Amend Zoning Bylaw Open Space Residential Developments (OSRD): Public Hearing: Mr. Hornig opened the public hearing and presented the updated proposed zoning bylaw amendment for Open Space Residential Developments, dated September 20, 2021 with the changes incorporated by Town Counsel. Public Comments and Questions:  A question was asked if there was a State or Lexington definition of open space and would this allow development in conservation land?  A statement of concern was expressed regarding the provision that allows a development by-right on lots which may not be appropriate for high density in certain parts of town. Page 4 Minutes for the Meeting of September 22, 2021 The applicability should require a special permit would need to be considered based on the neighborhood where the development is being proposed.  A statement was made that they were extremely surprised at this proposal as to whether it makes sense or not and what other options are available that were discussed in the past. This proposal is encouraging more housing sprawl by allowing this all around town. This is fragmented and allowing it by right will leave no natural features to protect. The Planning Board should be looking at high density housing on Hartwell Avenue and develop medium housing options on bus routes. He hoped this would not be brought to Town Meeting.  A statement was made that this proposal was too complex and not ready and should wait until the Annual Town Meeting to allow for more community outreach.  A question was asked if there had been any analysis where the parcels are that would take advantage of this proposal and then expressed concern it would wind up with pockets of high density in regions of town that would not be near main roads.  There was a statement of concern with the number of zoning articles being brought to the Fall Special Town Meeting. It was urged taking off some of these articles for now since there needs to be more conversation with the community on the path being recommended for the town. Fiscal budget impacts to the town need to be considered and this is too big a change to bring forward at this time.  A question was asked if any financial modeling had been done to see if developers would take advantage of the OSRD as opposed to conventional subdivisions. What type of parcels would be developed in this way like would 39 Highland Avenue be a potential site with 4 acres and a historic structure on it?  A question was asked if LexHab has been involved in this article. You should make them part of this article.  A statement was made that this is a timely proposal and a small step to having more affordable housing and time for the town to step up if it really wants more affordable housing and would urge Town Meeting to approve this. This should move forward to Fall Special Town Meeting.  A question was asked on how many SPRDs has the planning board denied? Why are we pushing by-right projects which allow builders to do something faster and reduce the rights of neighbors, abutters and residents to have input on these projects? I do not see the advantage and this amendment should continue to be worked on.  Clarification was asked for why the Planning Board chose a 25% threshold on affordable housing. What outreach has been done to single-family household neighborhoods to find out the balance of opinions. We need to see what the community feels about the direction of the type of housing that is being proposed and not rush this proposal through Town Meeting so soon. Board Comments and Questions:  Ms. Thompson said the impression she gets from the town on affordable housing is it supports until it is time to do something then they pull back. This proposal could be made a little less complex to help people get the information they need to understand this proposal.  Mr. Peters said to get any affordable and inclusionary housing is so challenging and that the appealing part of this proposal is at 25% inclusionary and would create the type of Minutes for the Meeting of September 22, 2021 Page 5 units we need and has been elusive in what we have been able to create the last 10 to 15 years. Public Comments and Questions:  A statement was made that at the CPAC meeting last night there was over 100 attendees and there should be another public forum on this again. Lexington needs a diversity of housing and should not become a Weston where everyone lives in single-family homes. If Lexington wants equity, diversity and inclusion we need to have a diversity of housing otherwise where are people going to live.  A comment regarding an earlier statement that builders build large single-family homes because that is what people want. How do we know what they want people come here that want to buy, but that is the only housing option people have to choose from.  A statement was made that we need to do this to increase our economic and housing diversity.  A statement was made that there is an information overload and what is lacking is a simple statement to laypeople to catch their attention. We should wait until spring to allow for better outreach.  A comment was made that this could be made a lot less complicated and agreed we need more affordable and moderate priced units and diversity and the 25% affordable requirement is good but by-right is not the way to accomplish this. Board Comments and Questions:  Ms. Thompson believed we need more time to discuss this and to make it more understandable.  Mr. Creech agreed with Ms. Thompson and most people in town do not know about this proposal and we need to have visuals to make it clear what a couple of these projects would look like in detail.  Mr. Peters and Mr. Schanbacher both said we should continue the discussion.  Mr. Hornig said it is clear that a lot of the problem is the presentation and if staff or Board Members have any concrete suggestions on how to make it clearer in the next two weeks please send their ideas to staff.  Mr. Leon said there should be a lot of focus placed on the best practices instead of letting things fall where they may allowing by-right projects. The Board should revisit whether it can achieve similar objectives with active participation and planning principles like special permits to allow a little more Robert Peters moved that the Planning Board continue the public hearing on Open Space Residential Development Bylaw to Wednesday, October 6, 2021 at 7:00 p.m. Melanie Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED The Board recessed 9:47 for 5 minutes. Amend Zoning Bylaw Residential Parking: Public Hearing: Mr. Hornig opened the public hearing. Mr. Hornig presented the updated proposed zoning bylaw amendment for Residential Parking, dated September 20, 2021 with the changes incorporated by Town Counsel. Public Comments and Questions: Page 6 Minutes for the Meeting of September 22, 2021  A comment was made that this amendment is appropriate for Town Meeting but asked for clarification on the number of parking spaces that would be required. What would happen with the overflow parking?  A request for clarification was made on why would this not be done as a special permit granted feature rather than given by-right to a developer. Board Comments and Questions:  Ms. Thompson said no discussion is needed.  Mr. Creech asked for clarification on how one parking space would help us and where would it happen.  Mr. Peters was prepared to move forward  Mr. Leon would leave it to Town Meeting. Robert Peters moved that the Planning Board close the public hearing on Residential Parking. Melanie Thompson seconded the motion. The Planning Board voted in favor of the motion 5- 0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED Robert Peters moved that the Planning Board recommend approval to the Fall Special Town Meeting for the zoning amendment for Residential Parking in substantially the form as presented. Bob Creech seconded the motion. The Planning Board voted in favor of the motion 4-1-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - no). MOTION PASSED *****************DEVELOPMENT ADMINISTRATION********************* 32 Outlook Drive waiver for a Street Adequacy Determination Application: Mr. Hornig opened the public meeting and provided a summary for the discussion of this request. The applicant was asking for a full waiver of all requirements since the street was recently improved. Robert Peters moved that the Planning Board find the frontage of 32 Outlook Drive is of adequate grade and construction. Bob Creech seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED Edna Street Extension-Approved Subdivision-affirmation of 2014 subdivision plan: This was an approved subdivision plan in 2014, everything is built and completed but the plan was never recorded and the applicant needed to make a new plan and get it signed by the Planning Board. Robert Peters moved that the Planning Board to endorse the plans for Edna Street and to authorize the Planning Director to sign on behalf of the Board. Michael Schanbacher seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED Minutes for the Meeting of September 22, 2021 Page 7 **********************BOARD ADMINISTRATION************************* Adopt Annual Report: Robert Peters moved that the Planning Board adopt the Annual Report for the Fiscal Year 2021 as drafted. Bob Creech seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED Adopt Recommendation to HDC: Robert Peters moved that the Planning Board adopt the HDC report recommendation as drafted and as presented tonight. Michael Schanbacher seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED *****************DEVELOPMENT ADMINISTRATION********************* Fee Schedules: Continued Public Hearing: Mr. Hornig opened the continued public hearing. Board Member Comments and Questions:  Mr. Creech asked for clarification on the fiscal impact of the fees on the services provided by the town. Robert Peters moved that the Planning Board close the public hearing on the Fee Schedule. Bob Creech seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED Robert Peters moved that the Planning Board adopt the amended Fee Schedule for subdivision rules and regulations and administrative fee schedule. Melanie Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED Special Permit and Site Plan Review: Continued Public Hearing: Robert Peters moved that the Planning Board continue the public hearing on Special Permit and Site Plan Review to Wednesday, October 6, 2021 at 7:00 p.m. Bob Creech seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED **********************BOARD ADMINISTRATION************************* Review Work Plan: That will be taken up at the next meeting. Staff Updates The Lexington Next housing forum was yesterday with 100 attendees and the updates will be posted to the Lexington Next website. Lexington Next will be at Discovery Day Page 8 Minutes for the Meeting of September 22, 2021 October 9 and there will be another public forum on Attractive and Vibrant Communities and a focus on the commercial areas in Lexington. Board Member Updates: Last night’s presentations were great last night. The Sustainability Working Group aiming at a Fossil Fuel Bylaw is reconsidering its direction and will not bring a fossil fuel bylaw to this town meeting The SPRD committee is meeting tomorrow morning at 8:30 a.m. to decide which direction they are going. Community Preservation Committee is meeting tomorrow. HDC is holding a formal hearing tomorrow afternoon on the new Historic District being formed. A citizens group has just filed a citizen’s petition for the Fall Special Town Meeting. Upcoming Meetings: There is a meeting October 6 and will be a public hearing on Bedford Street and a lot of overflow from tonight. The next meeting is October 20 and we will need to discuss the work plan by then. November 3 will be for the proposed citizen’s zoning amendment. Review Meeting Minutes for September 1, 2021: Robert Peters moved that the Planning Board approve the minutes of September 1, 2021 meeting as corrected at this meeting. Melanie Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Michael Schanbacher – yes; Melanie Thompson – yes; Robert Creech – yes; Charles Hornig – yes). MOTION PASSED. Adjourn Robert Peters moved that the Planning Board adjourn the meeting of September 22, 2021. Robert Creech seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Michael Schanbacher – yes; Melanie Thompson – yes; Robert Creech – yes; Charles Hornig – yes). MOTION PASSED Meeting adjourned at 10:58 pm Lex Media recorded the meeting. The following documents used at the meeting can be found on the Planning Board website in Planning Board packets. Town Meeting:  Draft Zoning Bylaw Structures in Yards dated September 20, 2021 (2 pages).  Draft Zoning Bylaw Diversity, Equity, Inclusion, and Permitting dated September 21, 2021 (3 pages).  Draft Presentation Diversity, Equity, Inclusion, and Permitting dated September 20, 2021 (3 pages).  Draft Zoning Bylaw Solar Energy Systems dated September 20, 2021 (2 pages).  Draft presentation Solar Energy Systems dated September 21, 2021 (6 pages). Minutes for the Meeting of September 22, 2021 Page 9  Draft Zoning Bylaw Open Space Residential Development dated September 20, 2021 (4 pages).  Draft presentation Open Space Residential Developments dated September 20, 2021 (11 pages).  Draft Zoning Bylaw Residential Parking dated September 20, 2021 (1 page).  Draft presentation Residential Parking dated September 20, 2021 (5 pages). 32 Outlook Drive:  Staff memo dated September 15, 2021 (2 pages).  Waiver request Form (1 page). Regulations:  Draft fee Schedule dated September 17, 2021 (3 pages).  Draft Annual report dated September 20, 2021 (4 pages).  Draft Historic District Commission Planning Board recommendation dated September 16, 2021 (2 pages).  Draft work plan dated September 20, 2021 (3 pages). Michael Schanbacher, Clerk of the Planning Board