HomeMy WebLinkAbout2019-05-29-SPRD-min
5/29/19, DPW Building
Special Permit Residential Development By-Law Amendment Committee
9:12am: Meeting called to order by Jill Hai
Panel: Gary Larsen (landscapre architect), John Farrington (Lawyer),
Richard Waitt (Engineer; Ret), David Jay (landscape Architect)
SPRD Committee members present: David Treitsch (consultant), Jill Hai,
Taylor Singh, Heather Hartshorn, Betsey Weiss, Joyce Murphy, Richard
Perry, Liaison from the Capital Expenditures Committee, Wendy Manz
Audience: Charles Horning, Bob Pressman, Carol Kowalski
Jill Hai welcomed the panel and stated the Goal of Committee: To look at
goals of the SPRD by-law, see if those are the right goals, see if the
mechanisms in the by-law achieve the goals we want.
John Farrington:
The focus should be in housing types the town NEEDS first & housing
types the town wants second.
If you try to include too many housing types in one zoning section, it would
be too radically different.
If you look at a typical pro forma, Lenders require 12% to 15% profit
Developers are putting their whole livelihood on the line to make a
development happen.
5.1% is the rate of return on a 40B.
The town only sees 3 or so people when Developers are presenting on a
project-but there are actually 12 or so people backing up those 3 people.
Lack of appreciation for depth of the skill sets of development teams
needed to produce a project.
The by-law needs to be clear and to be followed. Not an invitation to
negotiation.
What is the jurisdictional authority for negotiating outside the by-law?!
The by-law needs limitations.
Developers are fronting a lot of money and they want certainty.
In Wellesley & Lincoln, when you follow the zoning by-law the project is
allowed.
Town officials & members should get an understanding of what these units
cost.
1,250 SQ ft in Woburn are going for $750k on Lexington St.
Better quality units are being built across the street in Woburn (on
Lexington St., right across the town line) and those will be going for $850k.
In Wellesley, a condo building's units sold for $ 1.5M / $ 1.6M a piece.
There should be some appreciation & understanding for the cost of units in
Lex and other towns and the quality standards in Lex.
Lexington's SPRD by-law is the BEST out of Wellesley, Lincoln and Lex.
Gary Larsen:
Feels very strongly that we should not get rid of the special permit. It allows
us a tool to create different housing on different types of parcels (near
wetlands, on slopes, woodlands).
3 points to cover:
1. Proof plan: proof plan is a requirement of any SPRD. The proof plan
should never be used as a threat → It is to prove SQ footage, frontage
slope, requirements.
2.The PB (Planning Board) is not supposed to design the project. They are
there to be sure the project complies with the regulations.
3. In a rewrite of the by-law, we could have an intermediate design review.
Preliminary plan review process was eliminated in last bylaw revision. A lot
of things need to be done between the sketch plan & the finalized version.
An intermediate review w/ the PB needs to be on the books.
The by-laws don't allow for that review but it is very much needed.
Richard Waitt:
Pheasant Brook subdivision was first project that he worked on and he
believes started the development explosion in Lex.
Has worked in at least 150 towns in this state.
Believes the by-law crafted in this town was the best. He doesn't have the
answers as to why this isn't working.
Too many competing interests in this town.
Cost of acquisition is sky high.
You have to get a density bonus in order to get affordable housing, but
when you bring increased density, then you get issues w/ the schools.
How do you get everybody on the same page?
It is impossible.
If you comply w/ the conventional subdivision by-law, you don't have to ask
permission.
If you go to the PB, you'll get 5 different opinions. The PB needs to be
talking to themselves. The proof plan shouldn't be a threat.
Waitt disagreed w/ Larsen:
Waitt says preliminary plans are no longer allowed per state law.
However, Definitive plans cost $100 to $ 200k to get to.
The PB needs to not look at Developers as the evil person.
ALL others towns follow their regulations, but Lex does NOT.
Waitt says Charles Horning is the toughest, but most fair member of the
PB. Because Charles is a stickler for the town's laws, but sticks to the
town's laws.
David Jay:
Keep it clear (the bylaw)
You don't want a 40 B.
Taylor Singh:
I’m very disappointed LexMedia was not here to capture this.
Asks John Farrington to elaborate about overlay districts.
Farrington says he wasn't referring to overlay districts, but that not all types
of zoning should be allowed in all zoning districts.
Farrington gives the examples of 186 Bedford St vs a new development on
Lincoln St.
186 should have a greater density allowance vs. Lincoln St. which is more
rural.
Taylor Singh:
What about the Open Meeting Law prevents the PB from talking to each
other?
Jill Hai:
Open meeting law does not prevent a Board from discussion among
themselves during an open meeting
Taylor Singh asks why the Preliminary Plan after the sketch plan is illegal.
Reference to state zoning regulations.
Taylor Singh:
Should we eliminate the BHD and just use the Public Benefit?
Waitt:
Key ingredient in the BHD approach is there needs to be a number. It is
arbitrary.
Farrington:
BHD is fine. Conventional subdivision is the worst zoning tool, the worst
use of land.
Farrington: There is a risk when you do a mix & match w/ affordable and
market rate. Don't leave families out w/ affordable housing and only cater to
single people and elderly.
$500 / $ 600k needed to make up the cost of an affordable unit
The BHD multipier needs to be defined
Betsy Weiss:
What kind of multiplier do you want?
Waitt:
Ask the Development community. They need to provide input to find the
multiplier.
Betsy:
What are the numbers for affordable housing and density?
Farrington:
25% affordable requires at least 40/45 units
Perry:
Asks about Cottage style developments in Concord and in Bedford
Farrington:
55 and older developments don't work. They don't make money. One in
Lincoln was reverted back to not aged restricted. People that are over 55
don't want to live w/ only people over 55.
Hai:
The purpose of drafting this by-law was to create flexibility. We hear you
say the process is the problem. What would we change?
Waitt:
Town needs more diverse housing & smaller units.
You will never, ever, ever satisfy everybody here.
Try to get something that people can support.
th
Next mtg set for Monday, June 10 in the evening to debrief from this
meeting & Set July meetings.
Jill will see if we can get a joint mtg w/ the PB on 6/10.
Mtg adjourned 10:30am