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HomeMy WebLinkAbout2023-01-04-PB-min Lexington Planning Board Meeting Minutes January 4, 2023, Page 1 of 9 Minutes of the Lexington Planning Board Held on Wednesday January 4, 2023, 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; Molly Belanger, Planner; and, Kiruthika Ramakrishnan, Planning Coordinator. Robert Peters, Chair, called to order the meeting of the Lexington Planning Board on Wednesday, January 4, 2023, at 6:00 pm. 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. & 185 Lincoln St. – Request to review 15-ft. wide easement in addition to modified plans approved on November 9, 2022 for the Fairland Commons balanced housing development. Mr. Mark Bobrowski represented the developer Barons Custom Homes. Also present were James Decelle, Project Engineer; Mark Farrington, and John Farrington. Mr. Bobrowski reminded the Board about Barons Custom Homes’ earlier request for modifications involving access easements on the Fairland Street Property and their approval by the Board. Mr. Bobrowski informed the Board about the further request of two additional easements by the abutter and the willingness of Barons Custom Homes to grant them. Mr. Decelle shared the map of the property and explained the location of the requested easements. Mr. Peters confirmed that both the parties involved agreed to the settlement. Mr. Bobrowski confirmed the agreement of both the parties. Board Administration Multi-Family Housing Zoning for MBTA Communities. Public work session for Planning Board to develop zoning proposal for Annual Town Meeting. There will be opportunity for public questions and comments Ms. McCabe gave a recap to the Board about their previous meetings and the discussions in those meetings related to zoning for MBTA Communities. Ms. McCabe shared a draft motion of the Zoning for Village Overlay and went over the changes she had made since the last Planning Board meeting. Lexington Planning Board Meeting Minutes January 4, 2023, Page 2 of 9 The Board discussed making amendments to § 135-9.5.6, decided that it should not be amended, and agreed that it should be reviewed by Town Counsel. The Board then discussed the purpose of Village Low-Rise and Mid-Rise Overlay Districts and edited the draft. In the Procedures and regulations section, Mr. Hornig wanted to add that all Site Plan Review standards applicable to developments under this section shall be consistent with the purposes of this section and DHCD’s Compliance Guidelines for Multi-family Zoning District under sections 3A of the Zoning Act as amended. The Board discussed the permitted uses and Ms. McCabe outlined the changes that were made in the draft since the last meeting. Mr. Hornig said that, in the overlay district, uses already permitted in the underlying district should be permitted. Mr. Hornig also said that residential accessory uses listed in the use table should be permitted to the extent permitted in the RO district. Mr. Hornig said that if mixed use is allowed, then the same commercial uses as in the underlying district should be permitted in multi- family zoning too. Mr. Peters felt that was appropriate if the underlying zoning is commercial. Mr. Hornig said that the main decision to be made is to determine if commercial use should be permitted in the overlay district. The Board decided to revisit at a later date to discuss further. The Board then discussed the dimensional controls. Mr. Creech had some concerns regarding the maximum height of buildings. Ms. McCabe shared the pictures of multifamily units that Mr. Creech had taken in Hingham and Burlington MA. Mr. Creech walked over the slides and said his recommendation was a 15 feet bonus. Mr. Hornig expressed his concern that 15 feet bonus would just add on one commercial story and that, given the value of residential space in Lexington, a bigger bonus is needed to encourage people to build more commercial units. Mr. Schanbacher and Mr. Leon agreed with Mr. Hornig. Mr. Peters said that preserving commercial space is very important. The Board discussed the height limits in detail. Mr. Hornig said that the height limits will not work in districts where the underlying height limit is significantly higher than 40 feet or 55 feet and it was necessary that the maximum height of buildings be at least what is permitted in the underlying district. Mr. Hornig started the discussion on floor area ratio and stated that it has to be explicitly stated that section 4.4 would not apply. Mr. Hornig added that it has to stated that the non-residential floor area will not be restricted, in order to encourage commercial uses. Mr. Hornig also added that it is important to state that the net floor area of non-residential uses shall not exceed the net floor area of multifamily housing. The Board discussed the parking allocation for Bed and Breakfast and decided to add rooming units to § 7.5.6.1. Mr. Hornig added that short-term rentals are permitted. The Board also discussed the provisions for Landscaping, Transitioning and Screening and decided to edit the draft to reflect the language presented in the previous meeting. Ms. McCabe explained the edits she had made to the Inclusionary Housing Provisions since the last meeting. Mr. Hornig said that since Lexington’s needs are greater for housing above and below 80% of Area Median Income, he wanted flexibility in the Zoning Bylaw to allocate based on Lexington’s needs. Mr. Leon said that there is a real benefit to the Town to maintain housing inventory that qualifies for the Lexington Planning Board Meeting Minutes January 4, 2023, Page 3 of 9 Subsidized Housing Inventory. Mr. Hornig said he recommends putting back the language in § 7.5.11.5 that would allow the Planning Board regulations to be more specific about the levels to be achieved. The Board decided to continue the discussion in a later meeting. Ms. McCabe shared the Approval Criteria and Conditions that she had drafted and wanted the Board’s opinion on them. Mr. Hornig said he was very confused with the language and thought that §7.5.3, which outlined that all the regulations have to be within guidelines, was sufficient. Mr. Leon felt that clarifying the limits of what can be done with Site Plan Review needs to be elaborated. The Board decided to revisit this section in a later meeting. The Board recessed at 8:04 p.m. and reconvened at 8:08 p.m. Public Comments Mr. Tom Shiple, 18 Phinney Road, reminded the Board about their study group’s comment regarding reinstating the floor area ratio and stated that he felt the only dimension controlling the footprint is the setback. Mr. Shiple reiterated that with Floor Area Ratio there could be finer control. Mr. Hornig said that based on the discussion in a previous meeting it was removed by the staff. Ms. McCabe confirmed it and added that since the Board felt that too many limitations might discourage some good projects from being developed, it was removed. Mr. Shiple added that a Floor Area Ratio limit would serve as an incentive for mixed use by allowing an extra story and then increasing the Floor Area Ratio would lead to expansion of the building to provide enough incentives. Ms. Pam Hoffman, 4 Rangeway, wanted clarification on the topic of having a buffer for the VOD that included 475 Bedford Street in order to mitigate the concerns of its neighbors, that the real concern was the height, and reiterated that the neighbors wanted houses there, but do not want tall buildings. Ms. Hoffman said that preservation of commercial space is important, but disagreed with Mr. Hornig’s idea of providing a 25 feet bonus for developers in order to incentivize them towards commercial units. Ms. Mary Hamilton, 23 Fifer Lane, said she was distressed by the Board’s proposal to include more commercial units and allow buildings taller than 40 feet along Hartwell Avenue and on Hayden Avenue. Ms. Hamilton added that with the current proposal, the commercial units could be as tall as 65 to 70 feet and she said it was hard to imagine a Lexington with buildings as tall as 65-70 feet sprinkled through the town. Ms. Hamilton said the heights should be maintained with what is currently prevailing. Ms. Tina McBride, 45 Turning Mill Road, agreed with the previous two residents. Ms. McBride did not like the idea that someone could pay money to not have affordable housing units. Mr. Andy Friedlich, 23 Young Street, expressed his concern about the height limitations of buildings in Lexington Center. Ms. Dotty Tribeman, 31 Drummer Boy Way, reiterated concerns regarding the zoning variations that would allow a mid-rise overlay at 475 Bedford Street and insisted that it should remain as a residential area. Ms. Gabrielle Glick, 659 Lowell Street, wondered if multi-family housing can be built on an area zoned for commercial use. Ms. McCabe checked the maps and clarified that the address she mentioned is not Lexington Planning Board Meeting Minutes January 4, 2023, Page 4 of 9 currently included in the zoning for multi-family housing, added that the proposed zoning change is mostly for areas zoned as commercial, and that only a small area that is not in the commercial district is included in the proposed zoning. Ms. Glick wanted to know if there will be future rezoning to allow more multifamily housing in the residential areas. Mr. Arnold Clickstein, 19 Drummer Boy Way, stated that Lexington has a unique sense of place and that has to be kept in mind when planning the Town for future. Mr. Clickstein added that there is a need to bring low and middle income housing to our community for the sake of a sense of social justice and stated his concern about the impact of the tall buildings in the Center which would lead to less brightness and the relocation of businesses in the center. Mr. Clickstein also said he wanted to have the area from Bedford St to Grove St to be an exclusively residential area. Mr. Kunal Botla, 40 Grapevine Avenue, suggested that, in order to gather public support, visual examples of the structures would help people to get a better idea. Mr. Botla also asked the Board to consider having multi-family houses in structures that would visually look like single family houses. Ms. Keranie Theodosiou, Drummer Boy Way, said that she agreed with the majority of Board member’s opinion regarding maintaining the base zoning as a guideline for future developments and wanted to know if commercial zoning under the overlay district would also be by right. Ms. McCabe clarified that commercial zoning is not added to areas that do not already have any commercial component and that the proposal is for residential overlay while ensuring that commercial units are not lost in the process. Ms. Theodosiou wanted clarification for areas in East Lexington where the underlying zoning is residential, which might have a commercial overlay district. Mr. Dan McGrath, 11 Cherry Street, had a concern about having a tall commercial building adjacent to his residential property and wanted to know if the Planning Board had the authority to address the height of any particular property in the event of a tall building being constructed through a Site Plan Review process. Mr. Peters clarified that it would be Site Plan Review and it would be a by right development depending on the proposed bylaw. Mr. McGrath wanted to know if the bylaw can be written in such a way that the Planning Board can require that a residential property not have a commercial component even if it is inside a VLO District and not be higher than 40 feet. Mr. Peters said that no consensus was reached among the Board members whether the commercial aspects of the overlay district would apply if it was overlaid on a residential property. Ms. McCabe said that whatever is adopted, an applicant can build according to the limits outlined in the zoning. Ms. McCabe also explained the limiting factors in East Lexington in terms of the size of lots and the number of parking spots permitted. Mr. McGrath wanted to know if in future applicants will be able to consolidate lots in order to build bigger projects. Mr. Peters said that it is a possibility but comes with its own challenges. Mr. Jay Luker, 26 Rindge Ave, wanted clarification on one of the provisions of the bylaw relating to the Statement of Purpose that stated that the housing should be suitable for families. Since the proposed bylaw did not have any provisions to enforce it, he wanted to know the certainty to which the proposed units would in reality be suitable for families. Ms. McCabe said the bylaw can be drafted to have a certain percentage of homes to require a minimum of 2 bedrooms. Lexington Planning Board Meeting Minutes January 4, 2023, Page 5 of 9 Mr. Andreas Theodosiou, 38 Drummer Boy Way, stated that underlying residential zoning must be protected and commercial uses should not be permitted in the overlay districts on those districts. Mr. Theodosiou also wanted to know why 475 Bedford Street was not moved into the VLO District. Mr. Peters said that the Board will be discussing the maps next and his question will be considered during that discussion. Ms. Edna Luther, 28 Eldred Street, said that she did not favor commercial development at the expense of residential properties and added that residential units on Ivan and Bedford Street should not be zoned for commercial units. Ms. Luther also wanted 475 Bedford Street to stay under residential zoning. Ms. Luther also had a question as to how many units can be on the property located at 475 Bedford Street. Ms. McCabe said that it would be based on the estimate of developable area in 475 Bedford Street. Ms. McCabe shared the Planning Board presentation on Multi-family Zoning for MBTA Communities and gave a recap of the Planning Board’s progress so far in drafting a bylaw for multi-family zoning for MBTA communities and went over the key factors for consideration. Ms. McCabe showed the compiled map from the housing workshop, in which members from the community placed stickers on their preferred locations for high density housing. Ms. McCabe wanted the Board members to go through the maps and started with Village Low Rise (VLO) - East Lexington. The Board discussed the challenges involved and felt that the location can be zoned only for multifamily and the present zoning in the underlying district, and by removing section 3 of the particular section of bylaw. Ms. Kowalski stated that since residential units are more lucrative, some businesses might be lost if the area is zoned as residential and that has to be considered before the Board makes any decision. Mr. Schanbacher agreed with Ms. Kowalski, and pointed out that since creating walkable communities is important, the commercial zoning should be on both sides of the street. The next area discussed by the Board was VLO Massachusetts Avenue and Pleasant St, around Wilson Farms. Ms. McCabe went over the limitations attached to the property including the wetlands on the property and the neighborhood amenities available. The Board members discussed the advantages and disadvantages of zoning the location for multi-family housing. Considering the amount of acreage for the Board’s consideration, it was decided by the Board to leave this location out of consideration for the purposes of multi- family zoning. Public comments Ms. Tina McBride and Ms. Edna Luther agreed that the Wilson Farm area must be taken out of the list of locations to be considered. Mr. David Fairman, 5 Tucker Avenue, said that the Town has to have some serious conversations with the owners of Wilson Farm regarding high density housing in the buildable portion, in exchange for having the farmland moved into irrevocable farm land or conservation land. Ms. Mary Rose Scozzafava, President of the Board of Lexington Community Farm, expressed her happiness in this location being removed from consideration for multi-family zoning. Lexington Planning Board Meeting Minutes January 4, 2023, Page 6 of 9 Ms. Jill Stein, 17 Trotting Horse Drive, said that Wilson Farm is an important resource and symbol and added that incentivizing the adjacent properties for multi-family housing should be considered in exchange for preserving the agricultural land on the farm. The next area discussed by the Board was VLO Massachusetts Avenue and Marrett Road, including the Seasons Four, Scottish Rite Masonic Museum, and Youville Place. Mr. Hornig felt that the location of this place is not good for multi-family zoning due to traffic conditions, the streetscape in this area, and the lack of neighborhood amenities. The Board discussed the concerns outlined by Mr. Hornig and agreed to drop this area from the list to be considered for zoning for multi-family housing and reconsider it at a later date if needed. The next area discussed by the Board was VLO Town Center. Ms. McCabe outlined the changes that were made to the map based on the discussion in the previous meetings of the Board. Mr. Creech said that he wanted the Planning Board to consider coming up with step backs similar to the ones proposed on Hartwell Avenue. Mr. Hornig said that the Center Committee is extremely concerned about the proposed zoning wiping out ground floor retail space from all of the center. Mr. Hornig wanted adequate incentives to be provided to retain the ground floor commercial units. Mr. Hornig added that for the same reason, the Center Committee did not want to consider the Town Center for the proposed zoning. Mr. Peters agreed with Mr. Creech regarding the step backs but was not sure exactly how that could be achieved. Mr. Schanbacher said that though he supported step backs he reminded the committee that those will add costs to future developments and offset any incentives provided to developers. Ms. Thompson said she is strongly in favor of not losing retail in the center. Mr. Schanbacher added that the Town Center is the best place to have mixed use, as multi-family housing will activate the Center after business hours. Mr. Hornig said the problem with mixed use is giving a big enough bonus so that a 40 foot apartment building is not developed, but a 65 foot mixed use building is developed instead. Mr. Hornig added that if they are made to do a step back on the 65 foot mixed use building, it will add a lot to the cost and a 40 foot not stepped back residential building will look a lot more attractive. Mr. Hornig said that, especially in Lexington Center, it is important that there are no disincentives for mixed use. Mr. Schanbacher wanted to know if the Board would consider taking the Town Center out of consideration for MBTA zoning so that mixed use is guaranteed in the center. Mr. Creech agreed to Mr. Schanbacher’s proposal. Public Comments Mr. Jerry Michelson, Chair of the Lexington Center Committee, expressed his happiness regarding the comments made by the Board and said that they reflected the requests of the Center Committee in the last meeting. Mr. Jay Luker, 26 Rindge Avenue, stated that the street width to building height ratio has to be taken into consideration, what is proposed by the Board will not lead to the Canyon effect, and that taller buildings will not have a negative impact on the spatial sense in the Center. Ms. Pam Hoffman, 4 Rangeway, said she liked Mr. Schanbacher’s approach to dealing with Lexington Center’s zoning. Ms. Hoffman wanted to know the basis on which the theory of losing commercial units in the Center, if it was zoned as a mixed use, was based. Ms. McCabe said that it is based on everyday experience and that the most common question received on a daily basis is the number of houses and number of units that can be built on every property in the Town. Ms. McCabe added that in recent decades, upper story residential has been used to revitalize many Town Centers and village areas as Lexington Planning Board Meeting Minutes January 4, 2023, Page 7 of 9 local customers can support the businesses and that it is hard for businesses to thrive unless they have the density and proximity of customers throughout the day. Mr. Hornig suggested having conversations with developers who recently developed mixed use to get a clear understanding of the reality. Ms. Tina McBride, 45 Turning Mill Road, liked Mr. Schanbacher’s proposal. Ms. Keranie Theodosiou, Drummer Boy Way, also agreed with Mr. Schanbacher’s proposal and was wondering why the Board was not looking at areas with only residential zoning so that the concern of losing commercial space and height limitations will not arise. Mr. Schanbacher, stated that Massachusetts Ave, from building to building is 101 feet wide and with this width, it can accept quite a bit of height without any issues. The Board and staff discussed whether the Town Center should be removed totally from the list of possible locations or if it could be considered for the time being and the draft be modified incorporating the changes that were discussed in today’s meeting. Mr. Peters said that the main challenge with including the Town Center is that zoning for MBTA Communities is all about housing and the public, the Center Committee, and the members of the Board felt that mixed use cannot be required in the Center despite providing incentives due to the risk of losing commercial space. Mr. Hornig echoed Mr. Peters’ thoughts, said he could go either way with this location, and reminded the members of the Center Committee's approach of doing it as a separate district which was not part of the MBTA zoning. Mr. Schanbacher wanted to know if it is possible to keep the Center under consideration and say that in the Center commercial zoning is required, so it would not qualify towards zoning for MBTA communities, but still multi-family housing can be developed here under the overlay district. Mr. Peters wanted Town Counsel’s opinion for the above proposal. Ms. McCabe said she can work on a draft and check with Town Counsel for his opinion. Review Planning Board sponsored zoning amendment articles submitted for Annual Town Meeting Mr. Peters said that since the other zoning amendment articles were already discussed by the Board, he asked Ms. McCabe to circulate the copy of the legal advertisement that was sent out for publication, with the Board members. MBTA Communities Interim Compliance Action Plan Review MBTA Communities Interim Compliance Action Plan Ms. McCabe outlined the proposed schedule and asked the Board members if they had any edits to the Interim Compliance Action Plan, and asked them to send it to her so that she can submit it. Board Administration Lexington Planning Board Meeting Minutes January 4, 2023, Page 8 of 9 1. Staff Updates Ms. McCabe said that she did not have any updates. 2. Board Member Updates Mr. Hornig updated the Board about the SPRD committee’s progress in drafting the bylaw and said that the SPRD committee was meeting the following day to discuss zoning amendments to the SPRD article. 3. Upcoming Regular Meetings: Wed. Jan. 18, Wed. Feb. 1, work session on Thur. Jan. 12? Mr. Peters informed the Board about the upcoming meeting on January 6th with the League of Women Voters, in which Ms. McCabe and he will be presenting. Mr. Peters also reminded the Board about the upcoming Planning Board meeting on January 12th as a working session exclusively for zoning for MBTA communities and the meetings on January 18th, February 1st, and February 8th 4. Review of Meeting Minutes: 12/14/22 Mr. Schanbacher moved that the Planning Board approve the minutes of the meeting of the Planning Board held on December 14, 2022 as submitted tonight. 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 Adjourn Mr. Schanbacher moved that the Planning Board adjourn the meeting of January 4, 2023. 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 11.05 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. & 185 Lincoln St – Planning Board Approval dated 11.09.22, Approved Plans dated 11.09.22, Additional Easement Plan dated 12.30.22, New Easement plan, Easement Agreement. 2. Multi-Family Housing Zoning for MBTA Communities – Community Workshop Feedback form, Community Workshop Map, PPT presentation on Qualities to consider, Presentation from PB meeting held on 12.14.22, draft overlay zoning, Preliminary Map of Zoning Overlay Districts, Preliminary Draft map of Zoning Overlay Districts, Staff draft of Zoning Bylaw and Zoning Map Amendments dated 12.21.22, Visuals of Village Overlay Districts. Lexington Planning Board Meeting Minutes January 4, 2023, Page 9 of 9 3. Zoning amendment articles to be submitted for Annual Town Meeting – Warrant Article request, 12/30/22 draft Village Overlay Zoning Bylaw and draft Zoning Map amendments for MBTA Communities 4. MBTA Communities Interim Compliance Action Plan - Action Plan form