Loading...
HomeMy WebLinkAbout2023-03-01-PB-min Lexington Planning Board Meeting Minutes March 1, 2023 Page 1 of 7 Minutes of the Lexington Planning Board Held on Wednesday, March 1, 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; and Molly Belanger, Planner. Robert Peters, Chair, called to order the meeting of the Lexington Planning Board on Wednesday, March 1, 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. Town Meeting Continued Public Hearing: Article 33 Amend Zoning Bylaw Relative to Special Permit Residential Developments (SPRD), Special Permit Residential Development Amendment Committee (Ad Hoc) Ms. Manz represented the SPRD Committee and gave an overview of recent amendments to the article language as a result of the recent public outreach and the public hearings, which were to add language specifying how to determine the number of allowable dwellings from the proof plan, limits on the total building size, and to add provisions for common open space (15% of developable site area). Ms. Manz also summarized the public outreach done by the Committee. Ms. Manz clarified that the changes were discussed with the Building Division, who saw no issues with the changes. Also present was SPRD Committee Chair, Jill Hai who discussed changes to the number of total dwellings and Gross Floor Area allowed, as a part of the recent amendments. Mr. Leon had concerns about a by-right approval process, rather than allowing by special permit approval since the Planning Board is already bringing Article 34 to Town Meeting to allow an increase in by-right housing. Ms. Hai explained that by-right is to provide more predictability for builders and strengthens the chance of these developments. Mr. Hornig thanked the SPRD Committee members for their work throughout the years and voiced his hope for the Planning Board’s support of the article. Mr. Creech, Ms. Thompson, and Mr. Peters also commented on their support for the article. Chair Peters opened the hearing up to public comments and questions. Public Comments: Ms. McBride asked if the photo on page four of a recent presentation was of the Riverwalk development. Mr. Hornig mentioned that the photo was not of Riverwalk. Ms. McBride mentioned that Riverwalk was not approved as a by-right project and was approved by a special permit, which gave the town control over many Lexington Planning Board Meeting Minutes March 1, 2023 Page 2 of 7 details of the plan. Ms. McBride asked what the allowable square feet of living space would be. A SPRD Committee member answered that it would depend on the design. Ms. McBride asked what the size of the Riverwalk dwellings are. Ms. Manz believes the average is about 2,000 square feet. The Board decided to hold any motions on the Planning Board recommendation report until later in the meeting. Mr. Schanbacher moved that the Planning Board close the public hearing and recommend that Town Meeting approve Article 33. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 4-0-1 (Roll call: Creech – abstained; Peters – yes; Schanbacher – yes; Thompson – yes; Hornig – yes). MOTION PASSED Continued Public Hearing: Article 40 Citizens Petition to Amend Zoning Bylaw Section 4.4 to Reduce Residential Gross Floor Area Matt Daggett presented recent revisions made to the language of Article 40 explaining that the propsed new Gross Floor Area (GFA) applies to new structures. Mr. Hornig suggested alternative language to clarify the intent of the article. Mr. Hornig also discussed potential loopholes in the article concerning the interpretation of the term “addition”. Mr. Daggett clarified his understanding that the Building Commissioner would be responsible for determining what constitutes an addition. Mr. Hornig recommended against this due to potential interpretation inconsistencies if there were to be future staffing changes because the language was not clear enough. Mr. Hornig asked Mr. Daggett if the Section 6.9 exemption could be added back into the language as its removal was in conflict with Article 33. The Board discussed recommending Article 40 back to the Planning Board and making it a part of the Board’s 2023 work plan, as it may be beneficial to see the outcome of both Article 33 and Article 34 first. Mr. Creech gave his support for the article. Mr. Daggett requested the article not be referred back to the Board. Chair Peters opened the hearing up to public comments. Public Comments: Ms. Hai clarified that she did not recommend the removal of the Section 6.9 exemption to Mr. Daggett, and instead requested that the Section 6.9 exemption remain in the article’s language to avoid conflicts. Ms. Pappo supported the article and noted a need for smaller housing. Ms. McBride supported the article. Mr. Schenk didn’t think the article effectively addressed affordability and the result may just be a higher cost per square foot. The Article 34 proposal seems to be a better answer to affordability. Andrew also was not sure why the exact numbers in the article’s language were chosen and how they were determined to better than what is existing. He also noted the list of comparable communities in the presentation aren’t abutting communities. Ms. Moore doesn’t support the article as it cuts away at the selling prices of homes and depletes what many residents are planning to use as their retirement fund. Lexington Planning Board Meeting Minutes March 1, 2023 Page 3 of 7 Mr. Finnigan voiced confusion on Section 4.4.2, stating that the language is confusing, does not accomplish what is intended, and puts too much pressure on the Building Commissioner. From Mr. Finnigan’s experience, builders would lessen the price they are willing to buy a lot for if fewer dwellings were allowed to be built as a result of a lesser gross floor area, which would cause damage to long-term residents and their retirement funds. Mr. Finnigan also had a concern that the article was biased toward large families or multi-generational families. Mr. Minasian suggested that the article be re-worded to ensure the language can be interpreted clearly. Mr. Minasian also stated his concern about losing tax dollars to smaller homes. Mr. Perry is not supportive of the proposal and requested that the article be withdrawn and referred to the Planning Board. Mr. Cataldo referenced Mr. Daggett’s presentation slide data and asked if any additional research had been done. Mr. Cataldo also suggested that only minimal outreach was done with builders in town. Mr. Canale supported the article and believes that it's in line with the Planning Board’s goals. The Board continued their discussion. Mr. Creech believes the current residential gross floor area is oversized. Mr. Hornig believes the article needs more time and should be considered with other housing initiatives of the Planning Board. Mr. Peters restated that the large size of homes is a clear concern to residents. Mr. Peters and Mr. Schanbacher also agreed with Mr. Hornig that the article needs more time and should be referred to the Board and discussed after other housing initiatives are voted on at Town Meeting. Ms. Thompson agrees as well, stating that using gross floor area isn’t the best tool to address the current housing issues. Mr. Daggett suggested that a decrease in gross floor area won’t decrease the value of lots as you could add to the existing house in some cases if the maximum gross floor area has not been reached. Mr. Daggett also stated that the LexingtonNext Comprehensive Plan mentioned a need for smaller housing. Mr. Hornig asked if staff had any comments, staff had no comments. Mr. Shanbacher moved to close the public hearing for Article 40. Ms. Thompson seconded the motion. Mr. Peters conducted a roll call vote with five (5) voting yes, zero (0) voting no, and zero (0) abstaining to close the hearing. Mr. Schanbacher moved that the Planning Board recommend that Town Meeting refer Article 40 to the Planning Board. 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 Town Meeting Recommendation Reports Article 34 Amend Zoning Bylaw and Zoning Map to establish Overlay Districts to allow multifamily housing for MBTA Communities Ms. McCabe presented the draft report for the Planning Board’s consideration. Lexington Planning Board Meeting Minutes March 1, 2023 Page 4 of 7 Mr. Hornig requested a summary description of the article’s goal be added to the report. Mr. Creech suggested that the Board approve the current report, with the intent of a description to be added with the Chair’s approval. Ms. Thompson requested that the description include the consequences of noncompliance with the State. Mr. Schanbacher moved that the Planning Board recommend approval of Article 34 to Town Meeting, and allow the Chair to sign the report on behalf of the Board. 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 Article 35: Supplemental Inclusionary Housing Requirements The Board briefly discussed the Article 35 draft report. Mr. Schanbacher moved that the Planning Board recommend that Town Meeting refer Article 35 to the Planning Board, and allow the Chair to sign the report on behalf of the Board. 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 Article 36: Amend Zoning Map – Central Business District Mr. Hornig noted that there have been a lot of questions and concerns over Emery Park in the zoning map amendment and he suggested removing it. Ms. McCabe recommended the Board vote to remove Emery Park from the motion by making a new recommendation from the one made at the Board’s February 15 meeting. Mr. Schanbacher moved that the Planning Board reconsider Article 36 to recommend that Town Meeting approve Article 36, excluding Map 49 Lot 11 (Emery Park). 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 Mr. Schanbacher moved that the Planning Board recommend approval of Article 36 to Town Meeting, and allow the Chair to sign the report on behalf of the Board. 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 Article 37: Extend Action Deadline for Major Site Plan Review The Board briefly discussed the Article 37 report. Mr. Schanbacher moved that the Planning Board recommend approval of Article 37 to Town Meeting, and allow the Chair to sign the report on behalf of the Board. Ms. Thompson seconded the motion. The Planning Board voted Lexington Planning Board Meeting Minutes March 1, 2023 Page 5 of 7 in favor of the motion 5-0-0 (Roll call: Creech – yes; Peters – yes; Schanbacher – yes; Thompson – yes; Hornig – yes). MOTION PASSED Article 38: Minor Modifications to Approved Permits The Board briefly discussed the Article 38 report. Mr. Schanbacher moved that the Planning Board recommend approval of Article 38 to Town Meeting, and allow the Chair to sign the report on behalf of the Board. 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 Article 39: Technical Corrections The Board briefly discussed the Article 39 report. Mr. Schanbacher moved that the Planning Board recommend approval of Article 39 to Town Meeting, and allow the Chair to sign the report on behalf of the Board. 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 Article 33: Report Approval The Planning Board briefly discussed the draft Article 33 report and added the updates made this evening. Mr. Schanbacher moved that the Planning Board recommend approval of Article 33 to Town Meeting, and allow the Chair to sign the report on behalf of the Board. 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 Article 40: Report Approval The Board briefly discussed the draft Article 40 Report adding in the reasons for recommending referral: more time to consider impacts to noncorfming lots and structures, review financial impact of smaller homes on larger lots, and to incorporate this into the Board’s broader housing initiatives such as missing middle housing. Mr. Schanbacher moved that the Planning Board recommend that Town Meeting refer Article 40 to the Planning Board, and allow the Chair to sign on behalf of the Board. 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 Lexington Planning Board Meeting Minutes March 1, 2023 Page 6 of 7 Report Presentations The Board discussed which member would present the recommendation of which articles. Mr. Hornig volunteered to report on Article 33 and present for Article 36; Mr. Peters will present for Articles 34 and 35, and report on Article 40; Mr. Schanbacher will present for Article 38; Ms. Thompson will present for Article 39; and Mr. Creech will present for Article 37. Development Administration 15-17 Fairland Street and 185 Lincoln Street – Accept performance guarantee and endorse approved plans Ms. McCabe said the appeal period has passed and the plans have been providd for the Board’s signature along with a covenant. Staff has reviewed the covenant and recommends approval. She notified the Planning Board Members that they will need to come into the Planning Office to sign the plans and covenant. Mr. Schanbacher moved that the Planning Board accept the covenant and endorse the approved plans. 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 21 Tower Road – Street Adequacy Determination (SAD) release of surety. Ms. Belanger reported that the improvements associated with the SAD approval for 21 Tower Road have now been completed and inspected by staff. Staff recommends returning the surety to the Applicant. Mr. Schanbacher moved that the Planning Board release the surety payment in the amount of $14,285.96 to the Applicant. 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 Board Administration 1. Staff Updates Ms. McCabe said staff is looking for members to participate on the pedestrian and bicycle stakeholder group for the town-wide plan. 2. Board Member Updates No Board Member updates were given. Lexington Planning Board Meeting Minutes March 1, 2023 Page 7 of 7 3. Upcoming Regular Meetings: Mr. Hornig suggested rescheduling the April 5 meeting date becaue that is Passover. The Board agreed on March 29 for a pre-Town Meeting meeting instead of April 5. 4. Review of Meeting Minutes: 2/1/23 The Board voted to approve the meeting minutes of February 1, 2023 as written. 5. VOD Unit Figures Mr. Creech presented a spreadsheet to the Board and discussed the size of the properties and focused on the properties over one acre/larger parcels that are more likely to be developed as a result from Article 34. Adjourn Mr. Schanbacher moved that the Planning Board adjourn the meeting of March 1, 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 The meeting adjourned at 9:31 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. 21 Tower Road SAD surety release memorandum from Planner Molly Belanger 3. Zoning amendment article motions and draft reports for Articles 34-39 for Annual Town Meeting 4. Zonng amendment aticle motion for Article 33 5. Zonign amendment revised motion, changes, and presentation slides for Article 40, exhibits