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HomeMy WebLinkAbout2023-03-29-PB-minMinutes of the Lexington Planning Board Wednesday, March 29, 2023 Parker Room, Town Office Building 1625 Massachusetts Avenue, Lexington 6:00 pm Lexington Planning Board March 29, 2023 Meeting Minutes Page 1 of 3 Planning Board members present: Robert Peters, Chair; Michael Schanbacher, Vice-Chair; Melanie Thompson, Clerk; Robert Creech, Charles Hornig, and Associate Member Michael Leon. Also, present was Abby McCabe, Planning Director; Sheila Page, Assistant Planning Director. Robert Peters, Chair of the Planning Board, called to order the meeting of the Lexington Planning Board on Wednesday, March 29, 2023, at 6:00 pm in the Parker Room, Town Office Building, 1625 Massachusetts Avenue. LexMedia recorded the meeting. 2023 Annual Town Meeting Chair Peters informed the Board that the main agenda item was to review any new items that came in relative to Article 34 to Amend the Zoning Bylaw and Zoning Map to allow Village and Multi-Family Overlay Districts. He noted that two amendments have been submitted and a few others are in discussion. Chair Peters informed everyone that they ask for people to summarize their proposals and the Board members will save their comments until after all amendments have been discussed. The Lexington Cluster Housing Study Group submitted a proposed floor amendment to phase in the overlay districts. Mr. Shiple reported that he has heard concerns from Town Meeting members about the number of overlay zoning districts and the total proposed size creating a concern that there could be too much housing development too quickly. He noted that they have now also spoken to Mr. Kaufman who submitted an amendment to their phasing amendment. After speaking with Mr. Kaufman they recommend a revised floor amendment that would call for adopting the zoning districts now but that development in the zoning areas in the second phase could not be unlocked unless 1,231 new dwelling units haven’t been implemented by July 1, 2028. Mr. Shiple said the first phase meets the requirements of the law and guidelines. There was a question if Town Counsel had an opinion on the cap on the number of multi-family dwellings. Ms. McCabe responded that Town Counsel did have concern about a dwelling unit cap because usually the Attorney General has only supported such a limit if there was a specific reason and with an end date. Typically rates of development limits are only temporary with something that needs to happen during the intervening time. He was concerned such a limit would also not be approved by DHCD because the Guidelines say the zoning can’t impose limits not on other by-right uses and the Town does not impose such a rate of development limit on single-family housing. A phasing approach could be compliant if it doesn’t impose a maximum limit. Ms. McCabe informed the Board that Mr. Zabin has not formally submitted an amendment yet but he has said he would like to submit a floor amendment that would remove the reference to the underlying zoning districts to make the multi-family zoning be required and not optional. Mr. Zabin expressed concern for development of one-family dwellings under this zoning and would like to prohibit that and require multi- family development. Ms. McCabe had concern that this proposal is beyond the scope because the full Article 34 zoning was designed as an optional overlay district, not to rezone all of these areas. She also noted that one-family dwellings are not permitted under this proposed zoning, only under the underlying zoning. Board members also expressed concern that this proposal would not effectively do what he intends it to do and would be beyond scope. Minutes of the Lexington Planning Board Wednesday, March 29, 2023 Parker Room, Town Office Building 1625 Massachusetts Avenue, Lexington 6:00 pm Lexington Planning Board March 29, 2023 Meeting Minutes Page 2 of 3 Ms. Hoffman, Ms. McBride, and Ms. Jensen introduced their ideas for a floor amendment. They showed a map that would alter some of the Board’s proposed areas. Some overlay districts would remain while others would be altered by removing some districts and some lots from other districts. They aim to reduce the total acreage to ~120 acres by removing the Center entirely, removing the south side of Massachusetts Avenue in East Lexington, removing some lots in the Concord Ave./Waltham Street area such as the Piper Road properties, and removing some lots in the Bedford/Worthen Road area such as removing the property with the Stop & Shop and Grace Chapel. They felt it was important to remove some of the important retail properties and the church. They are still drafting the amendment they’d like to submit but they would also like to reduce the maximum height in the VO from 60 ft. to 52 ft. Mr. Burger was present and said he supported housing development in the Center but said he was considering a floor amendment that would allow multi-family housing by special permit for the Center to help ease people’s concern about the aesthetics and historic character of the Center. Ms. McKenna said she has reached out and discussed some ideas from many people. She is trying to consolidate concerns to submit a floor amendment that may combine people’s concerns. She has heard concerns that this zoning was developed too quickly, some would like to see a more developed impact analysis, many would like to see a site coverage requirement, concerns over the allowable height, increased parking requirements, requests to divide the vote for each zoning district area, and possibly refer to a future Town Meeting. Mr. Shiple noted that the Lexington Cluster Study Group may also add a height reduction in the VO into their floor amendment. Board Discussion: Mr. Hornig asked if there has been outreach to property owners or community members on these amendments. He noted that the Planning Board sent notification to all the property owners for the public hearing and those owners believed they were in the zoning overlay and may not be aware that they could now be removed. He added that the Board did significant outreach to owners and community to develop this zoning. Mr. Hornig said he supports the Board’s proposed article 34, will reserve a final recommendation on the amendments until submitted next week, and wants to make sure all zoning proposals are still in compliance with the Guidelines should this move forward at Town Meeting. Ms. Thompson added that the Planning Board did extensive work on this zoning proposal and that she would really like to see this passed at this Annual Town Meeting. She said many towns are also working on this and will be bringing forward zoning proposals later this year but Lexington’s adoption will send a strong message to the rest of the state that Lexington truly supports more housing. Mr. Schanbacher said he fully supports the Board’s proposed Article 34 and he would like to see Lexington be a leader for housing and help address the local and regional housing crisis. Adoption of this zoning would send a powerful statement. He also thinks the Center is an appropriate location for more housing because it is what the legislation was designed for being along transit bus line, walkable, near civic uses, and the community’s main business hub. Mr. Creech said that he would vote for the full 227 acre proposal if that was what was in front of him but that he preferred that a compromise would be achieved. He noted that he realizes this is more than Minutes of the Lexington Planning Board Wednesday, March 29, 2023 Parker Room, Town Office Building 1625 Massachusetts Avenue, Lexington 6:00 pm Lexington Planning Board March 29, 2023 Meeting Minutes Page 3 of 3 needed to comply and encouraged compromise with some of the amendments. He said that he did not want Article 34 to pass with a 51% majority vote. He did not think that a 2/3 majority was necessary but a healthy majority would be best. During the review process some lots were added throughout the various meetings, some at the request of property owners and he thought that the “me too” approach was not desirable. Mr. Peters said that he agreed with his colleges that the Board has worked extensively on this zoning proposal but the official public hearing and Town Meeting is what gets people’s attention. He supports zoning adoption at this Annual Town Meeting and supports Article 34 as proposed. Associate member Mr. Leon added that in the fall the Board adopted the Comprehensive Plan after several years of community input. A major finding from the years of community input was the desire for more housing and allowing more types of housing. He supports the Center being included in the zoning proposal and added that developers are sensitive to public concerns and requests. He believes development would be slow and incremental and Lexington would be lucky if a few hundred housing units were created in the next several years. Article 40 – Revised Motion to amend zoning bylaw to reduce residential gross floor area. Chair Peters said a revised motion was circulated last week. Mr. Creech said he was supportive of the revised motion. Mr. Hornig asked for an update from the Building Commissioner and Zoning Administrator on the revised motion. The Board asked that this be discussed again at Monday’s meeting on April 3. Any other warrant articles – Chair Peters noted that the Board took positions last week. Approval of Minutes: On a motion made by Mr. Schanbacher, seconded by Ms. Thompson, the Board voted 5-0-0 to approve the meeting minutes from March 15 and March 22, 2023 as written. Mr. Creech said he wanted the Board next week to talk about additional amendments to the zoning proposal. List of Exhibits:  Floor Amendment from Lexington Cluster Housing Study Committee, Article 34  Floor Amendment from Steve Kaufmann, Article 34, email March 26, 2023  Draft Floor Amendment from Al Zabin, Article 34  Suggested zoning motion changes, from Mr. Creech