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HomeMy WebLinkAbout2022-11-09-PB-min Minutes of the Lexington Planning Board Held on Wednesday November 9, 2022, Virtual Meeting at 6:00 pm Present: Robert Peters, Chair; Michael Schanbacher, Vice-Chair; Melanie Thompson, Clerk; Robert Creech, Charles Hornig and Michael Leon, Associate Member. Also present were Carol Kowalski, Assistant Town Manager for Development; Abby McCabe, Planning Director; and Kiruthika Ramakrishnan, Planning Coordinator. Robert Peters, Chair, called to order the meeting of the Lexington Planning Board on Wednesday, November 9, 2022, at 6:00pm. For this meeting, the Planning Board is convening by video conference via Zoom. LexMedia is filming this meeting 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. Peters conducted a roll call to ensure all members of the Planning Board and members of staff present could hear and be heard. Mr. Peters provided a summary of instructions for members of the public in attendance. It was further noted that materials for this meeting are available on the Town's Novus Packet dashboard. Development Administration 15-17 Fairland St and 185 Lincoln St - Public Meeting Mr. John Farrington, represented the developer Barons Custom Homes. Present were James Decelle, Project Engineer; Mark Bobrowski, Project Attorney; and Don Borenstein, Project Attorney for abutter Chuan Wang; Mr. Farrington and Mr. Bobrowski gave a brief history of the litigation between Barons Custom Homes and the abutter and the settlement that was reached. Mr. Decelle shared the site plan for the Balanced Housing Development. Mr. Hornig wanted to get clarification from both parties concerned that the draft modification meets all the requirements of 175-7.2C and all the requirements put forth by the Appeals Court. Mr. Bobrowski felt that the settlement adequately addresses all the requirements laid by the Appeals Court. Mr. Borenstein said that apart from the recording of easements, he agreed to Mr. Bobrowski’s statement. Mr. Hornig asked whether the interior drive in the development was a legal street or just an interior drive. Mr. Bobrowski said that they are not attempting to make that assertion and that the roadway meets the standards for a Balanced Housing Development. Mr. Borenstein agreed with Mr. Bobrowski. Mr. Leon wanted to know the specific nature of the modification other than to acknowledge some access. Ms. McCabe reminded the committee that it was the reason behind the request for minor modification and also for revising condition number 33 from the 2020 modification. On a motion made by Mr. Schanbacher, seconded by Ms. Thompson, the Board voted 5-0 on a roll call vote to move to approve the minor modification as described and outlined in the application submission Lexington Planning Board Meeting Minutes November 9, 2022 Page 1 of 5 and accept the revised plan set entitled “Site Plan Balanced Housing Development Fairland Commons, 15 & 17 Fairland Street – 185 Lincoln Street, Lexington, Massachusetts” prepared by Decelle-Burke-Sala & Associates, Inc, dated March 20, 2019, revised through September 25, 2022 with the conditions detailed in the draft approval attached as an exhibit at the Planning Board Meeting held on 11.09.2022. (Board vote: Hornig – yes, Peters – yes, Schanbacher – yes, Creech- yes, Thompson – yes). Chapter 135 Zoning Amendments Update from Ad Hoc Special Permit Residential Development (SPRD) Bylaw Committee Ms. Wendy Manz from the SPRD committee shared the committee’s report prepared for the Select Board. Ms. Manz gave a brief outline of why and how the SPRD committee was formed and its statement of values, goals, and accomplishments. Ms. Manz explained the need for Affordable Housing and Workforce Housing in Lexington and gave a detailed analysis of income and housing cost pertaining to housing in Lexington. Ms. Manz gave examples from neighboring communities and shared the recommendations from the SPRD committee. Ms. Manz explained the outcome of a workshop held in Summer and the agreement of builders and town representatives on the feasibility of constructing according to the Committee’s recommendations. Ms. Manz listed the inclusionary housing requirements and the project review process put forth by the committee. Ms. Manz said that the hope of the committee was to give a variety of alternatives to developers and that the committee is working on finalizing some key factors. The committee raised a concern about the similarity of the proposed SPRD bylaw to the proposed MBTA zoning. Ms. Kowalski explained the key differences between the two in detail. Ms. Kowalski said that the MBTA multifamily zoning is an overlay district on specific set of locations on the map of Lexington, whereas the SPRD will be based on the application and would provide much needed smaller units as opposed to a conventional subdivision. Ms. Betsey Weiss added that delaying SPRD would add to the list of missed opportunities to build a variety of smaller units and affordable and sustainable housing. Mr. Hornig added that with SPRD, there would be more consistency and predictability. Amend §9.2 Board of Appeals to add provisions for minor modifications of special permits Mr. Ralph Clifford, Chair of the Lexington Zoning Board of Appeals (ZBA), approached the Planning Board about updating the Zoning Bylaw to add provisions for the ZBA to consider minor modifications to projects that have received ZBA approval. Ms. McCabe shared the first draft of the Zoning Amendment, prepared by Planning staff. Ms. McCabe briefed the committee about the provisions of §9.2. Mr. Hornig suggested that the provision as it applied to special permits only be put in §9.4, and for the other three types of appeals, the reference be changed to appropriate sections. As there were no objections from anyone, Mr. Peters said the Board will seek to reserve a Warrant article for the Town Meeting for this amendment. The Board recessed at 7:53 p.m. and reconvened at 7:58 p.m. Lexington Planning Board Meeting Minutes November 9, 2022 Page 2 of 5 Multi-family Housing Zoning for MBTA Communities - Public Work Session Ms. McCabe gave a recap of the Housing Workshop and how, based on input from participants, a consolidated map of suggested parcels was created. The Board discussed the timeline in order to present at Town Meeting and the potential locations that could support multi-family housing to address the regional housing crisis. Mr. Tom Shiple from the Lexington Cluster Housing Study Group shared some points that were discussed at his table during the MBTA Housing Workshop and the follow up discussion among the constituents of the Study Group. Mr. Shiple said that the parcels should be in the districts that are right for redevelopment, including the center. Mr. Shiple added that many smaller districts would mean generation of housing at different prices, integration of the socio-economic diversity throughout the town, and distribution of the increased traffic throughout the town. Mr. Lance Bradley, a resident, wanted to know the details of the resulting increase in population. Mr. Peters said that presently only zoning is proposed and it will be lengthy period of time before any significant development will take place. Mr. Bradley also wanted to know if it would be rentals or for ownership. Ms. McCabe said that the Board is putting forth the proposal for multi-family housing, which means 3 or more units and the zoning does not regulate if it would be rental or owner-occupied. Mr. Bradley wanted to know if the zoning is mandatory. Ms. McCabe said that the Town will be penalized if they do not comply and, based on feedback from the Board and the community, it was felt that the zoning would address the current housing crisis. Ms. Kowalski added that this zoning would align with the community input received as part of framing the recently adopted Comprehensive Plan. Ms. Jonina Gorenstein wanted clarification regarding the Affordable Housing Component of the MBTA zoning initiative and in particular the information regarding the affordable component that has to be shared with the State and the extent of public input sought. Ms. McCabe said that based on the guidelines provided by the State, we would be required to document fiscal reports and feasibility studies. Amend §9.5.4(4) Procedures for Site Plan Review to modify timeframe for rendering a decision Ms. McCabe requested the Board consider amending the decision action deadline for Major Site Plan Review applications and explained that §9.5.4 of the Zoning Bylaw requires the Board to issue a decision within 60 days from application. Ms. McCabe added that, while the staff strive to be as efficient as possible, there is concern that this is overly ambitious and that the time frame is not always sufficient time for adequate review by Board members, staff, the abutters, and for the Applicant to respond to comments. Ms. McCabe requested this be changed to allow a longer time frame, and proposed changing the opening of the public hearing to be no more than 60 days from date of submission of application and for the Board to issue a decision within 90 days of the public hearing. The Board can always act more quickly but a longer timeframe is more realistic and alleviates the pressure. Mr. Hornig shared his screen and agreed that the present 60-day period is not sufficient and a change is needed. He suggested that since minor site plan review does not have a public process, he did not see a need to change the period to more than 60 days. For major site plan review, since it had a public process, Mr. Hornig felt that it should be changed to 150 days from the date of submission of a complete application. Ms. McCabe and the Board agreed to Mr. Hornig’s proposal. The Board agreed to move forward with the amendment. Lexington Planning Board Meeting Minutes November 9, 2022 Page 3 of 5 Development Administration Continued Endorse Definitive Subdivision Plans for 39 & 43 Blossomcrest Rd (Hosmer House Relocation) approved October 19, 2022 Ms. McCabe informed the committee that the appeal period for Hosmer House relocation will end on th November 9 and that the Board can make a motion to endorse the plan contingent on confirmation the following morning from the Town Clerk. On a motion made by Mr. Schanbacher, seconded by Ms. Thompson, the Board voted 5-0 on a roll call vote to approve plans for 39 & 43 Blossomcrest Road contingent upon Town Clerk confirmation that no appeal has been received. (Board vote: Hornig – yes, Peters – yes, Schanbacher – yes, Creech- yes, Thompson – yes). 840 Emerson Gardens Rd / Lexington Meadows Ms. McCabe said that the staff have confirmed the completion of all the work and recommended the Board release and return the bond of $115,000.00 to Seaver Construction. On a motion made by Mr. Schanbacher, seconded by Ms. Thompson, the Board voted 5-0 on a roll call vote to determine that the Balanced Housing Development Special Permit Residential Development project has been completed in compliance with the approved plans and conditions of approval and to release the performance bond in the amount of $115,000.00 from Seaver Construction for completion of 840 Emerson Gardens Road (Lily Pond Lane). (Board vote: Hornig – yes, Peters – yes, Schanbacher – yes, Creech- yes, Thompson – yes). Board Administration Staff Updates Upcoming Meetings - Review 2023 Winter-Spring Meeting Schedule Ms. McCabe shared the proposed meeting dates for January 2023 to May 2023 and asked the Board members to check their availabilities. Board Member Updates Mr. Hornig informed the Board that he will be attending the Center Committee meeting on November th 10 to get their views on MBTA zoning in the center. Mr. Creech updated the Board about his participation in the Community Preservation Committee (CPC) meetings and how they recommend to the Town Meeting on ways the funding from the Community Preservation Act be used and explained the applications that have been submitted to them. Review of Draft Meeting Minutes: 10/12, 10/19, 10/25 Lexington Planning Board Meeting Minutes November 9, 2022 Page 4 of 5 Mr. Schanbacher moved that the Planning Board approve the minutes of October 12, October 19, and October 25, 2022 as submitted tonight. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0 on a roll call vote to approve the meeting minutes from October 12, October 19, and October 25, 2022 as written. (Board vote: Hornig – yes, Peters – yes, Schanbacher – yes, Creech- yes, Thompson – yes). Adjourn Mr. Schanbacher moved that the Planning Board adjourn the meeting of November 9, 2022. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Creech – yes; Peters – yes; Schanbacher – yes; Thompson – yes; Hornig – yes). MOTION PASSED Meeting adjourned at 9. 44 p.m. Lex Media recorded the meeting. Material from the meeting can be found in Planning Board’s Novus Packet. List of Documents: 1. 15- 17 Fairland St and 185 Lincoln St – Draft Decision, site plan 2. Report to the Select Board from SPRD Committee 3. First draft prepared by staff upon request from ZBA Chair for amending the Zoning Bylaw, Chapter 135 of the Code of Lexington § 9.2.2 \[Board of Appeals Powers\] 4. Multi-family Housing Zoning for MBTA Communities – Revised DHCD Guidelines, Affordability Revisions. From the Housing Workshop- Pictures of maps, feedback forms and, Presentation 5. Memorandum from Planning Board dated 11.8.22 for revising timeframes for Site Plan Review approval. 6. 39 & 43 Blossomcrest Rd (Hosmer House Relocation)- Approved Plans, Planning Board Decision 7. 840 Emerson Gardens/Lexington Meadows – Revised Plans, Draft Release motion, Final Occupancy Conditional Recommendation from Planning Board dated 07.13.22 Lexington Planning Board Meeting Minutes November 9, 2022 Page 5 of 5