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TOWN OF LEXINGTON
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REPORT TO THE 2019 SPECIAL TOWN MEETING
2019-1
Released November 5, 2019
Submitted by:
Jill I. Hai, Chair
Richard Canale
Scott Cooper
Matt Daggett
Heather Hartshorn
Joyce Murphy
Richard Perry
Taylor Singh
Betsey Weiss
Executive Summary:
The Committee studied our current Special Permit Residential Development (SPRD) Zoning
bylaw and the housing production which has occurred under it, reviewed alternative zoning
bylaws, and heard from state and local housing and building experts, residents and
stakeholders. The Committee finds that change is warranted in order to produce more of the
type of housing we want, as defined by the Town's Value Statement. The Committee has not
reached a final conclusion as to whether those changes would be best achieved by alterations
to one or more of the Zoning By-law,the Regulations or their administration. As its next step,
the Committee expects to retain a zoning expert to draft alternatives based upon the Value
Statement and upon a review of zoning practices and by-laws for residential development in
other communities. Recommendations are expected to take the form of specific amendment
options to the By-law and/or the Regulations and their administration. The Committee will
review the recommendations, evaluating them against the desired results described and in
alignment with the Town's values. Input will be sought through public listening sessions and
meetings or communications with the other stakeholders, elected boards and staff.
A) Definitions and Background
Section 135.6.9 of the Lexington Zoning By law is the current governing provision for Special
Permit Residential Developments (SPRDs). (See appendix for text of existing by-law)
Previously referred to as cluster zoning, SPRDs are an alternative to by-right conventional
subdivisions and are available via a special permit from the Planning Board.
Conventional Subdivisions are a "by right" form of development, meaning that they are not
subject to requirements from the Planning Board beyond the explicit dimensional and other
limits in the Zoning By-law. Conventional subdivisions tend to create a single housing type
(large single family homes). They create large impervious surface areas and are often
indifferent to historical or geographical context.
Lexington's SPRD By-law offers an alternative to conventional subdivisions, to address the
desire for increased diversity of housing type and preservation of buildings or features of
historic, architectural or natural significance.
While modifications were adopted at the Annual Town Meetings (ATM) of 2014 and 2016,
the Planning Board has discussed additional changes to Section 6.9 for the last several years.
At the 2017 ATM both a Planning Board and a citizens'Article were brought to revise Section
6.9. Both Articles were indefinitely postponed by Town Meeting. At the 2018 ATM another
citizens'Article was filed. That Article was referred to the Board of Selectmen and from that
referral,this Committee was created.
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B) Charge of the committee
SPECIAL PERMIT RESIDENTIAL DEVELOPMENT (SPRD) ZONING BYLAW
AMENDMENT AD HOC COMMITTEE
Members: Nine (9) voting; 2 non-voting liaisons
Committee membership should be representative of the broad range of
stakeholder interests. Members should include residents or
individuals working in Lexington who have background or experience
in:
• Smart growth residential policy;
• Residential development or construction;
• Residential real estate marketing or sales;
• Affordable housing policy, development or construction;
• Land use planning or engineering;
• Interested residents
The Committee will also include:
• A member of the Board of Selectmen
• A member of the Planning Board
While not part of the Committee, the following committees are invited
to recommend a non-voting liaison:
• Capital Expenditures Committee
• Appropriation Committee
Appointed by: Board of Selectmen. The Board of Selectmen will designate the
Committee Chair, in consultation with the Chair of the Planning Board.
Length of Term: The length of term will be from formation through the end of the Town
Meeting session at which a proposed Bylaw is considered.
Staff Support: Technical consultant, committee facilitator or consultant, Planning
Director (limited)
Meeting Times: As determined by the committee. A minimum of three meetings to
solicit public comment and input to be held at times geared to maximize
community participation.
Committee Goal: Gather and provide stakeholder input, housing data and draft a
Statement of Values, so that consultants, under direction of the
Committee, Elected Boards, and staff, can develop a draft zoning bylaw
amendment and warrant article to either revise or replace Section 135-
6.9 of the Zoning Bylaw, Special Permit Residential Development, to
provide for the creation of more affordable and diverse residential
dwelling units.
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Committee Role: This committee will:
1) Undertake a comprehensive listening strategy to garner
community and stakeholder input on a SPRD Bylaw. Over the
life of the committee, a minimum of three meetings to solicit
public comment and input should be held at times geared to
maximize community participation. Input sought should include
that on community housing needs and obligations, goals of
Special Permit residential developments, and associated costs
and benefits.
2) Summarize and contextualize community input in a written
report
3) Work with Elected board representatives, staff, the public, and
appropriate consultants to review the current bylaw, the work
from the Residential Policy Committee, and the 2017 and 2018
Annual Town Meetings on the same subject, and draft a revised
SPRD zoning bylaw. Bylaw should include consideration for the
propriety and cohesiveness of resulting developments within
the context of their surroundings. This effort should include
input and documentation from the development community.
4) Seek input from the Disabilities Commission, the Council on
Aging, the Conservation Commission and other relevant
stakeholders.
Deliverables:
1) Present a progress report to the Board of Selectmen once per
month from November, 2018 through completion.
2) Draft zoning bylaw amendment warrant article, consistent with
specifications above, as soon as practicable.
Prior to serving as a member of this committee, members are required to:
1) Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to
continue to serve on the Committee the member must acknowledge annually receipt
of the Summary of the Conflict of Interest Statute. Said summary will be provided by
and acknowledged to the Town Clerk.
2) Provide evidence to the Town Clerk that the appointee has completed the on-line
training requirement required by the Conflict of Interest statute. Further,to continue
to serve on the Committee, the member must acknowledge every two years
completion of the on-line training requirement.
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Reference: Charge adopted by the Selectmen on September 17, 2018
Selectmen designated committee members as Special Municipal
Employees on November 5, 2018
Members, appointed November 2018:
Richard Canale
Scott Cooper
Matt Daggett
Jill Hai
Heather Hartshorn
Joyce Murphy
Richard Perry
Taylor Singh
Betsey Weiss
Wendy Manz- Capital Expenditures Committee liaison
Carol Kowalski -Assistant Town Manager, Development
Q Committee Meetings
The Committee held 14 meetings between December 2018 and October 2019.
These meetings were public, filmed by Lexmedia and available for viewing OnDemand. The
meetings included two public listening sessions where we received comments from citizens,
and several sessions where we learned about existing and best practices in Lexington and
other communities. Presenters to the Committee included:
Carol Kowalski,Assistant Town Manager, Development
Katy Lacy, Massachusetts Housing Partnership
Gary Larsen, Landscape Architect
John Farrington,Attorney
Richard Waitt, Engineer
David Jay, Landscape Architect
Jim Kelley, Lexington Building Commissioner
Sheila Page, Lexington Assistant Planning Director
Victoria Buckley, Lexington Commission on Disability
Jyotsna Kakullavarapu, Lexington Council on Aging
Anthony Scerio, Lexington Assistant Director Youth and Family Services
Hemali Shah, Lexington Assistant Director Senior Services
Melinda Walker, Housing Partnership Board
Alex Dohan, Lexington Conservation Commission
Bob Creech, Planning Board member, participating as a resident
Charles Hornig, Planning Board member, participating as a resident
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D. Public Sessions
Two public sessions were held to solicit input from citizens throughout the community. They
were held morning and evening, to optimize residentsavailability to participate.
Approximately 25 people attended each session. The current bylaw and recent
developments under it were all reviewed,as were goals of the existing bylaw. Residents had
an opportunity to provide input on what they thought was working, what opportunities
existed for improvement, what goals might be added or strengthened via amendment. The
full notes from both sessions are posted on the SPRD Committee page.
E. Takeaways
From the public sessions and the presentations the Committee heard significant interest in:
-Conserving open space and natural resources
-Creating more affordable housing
-Creating/maintaining housing for all stages and ages of life (including first time buyers
and the elderly)
-Creating"visitability"/accessible housing
-Creating"workforce" housing
-Sustainability
-Improving the predictability and fairness of the special permit process
-Reducing the time required to obtain a special permit
-Maintaining flexibility to develop a project which is best suited to the individual site
-Economically viable standards, so that projects will be built
-Maintaining integrity of community and neighborhoods
-Determining town-wide costs of increased density
F. Value Statement
The Committee then combined the input and synthesized it into a comprehensive statement
covering the goals we believe the Town can aspire to achieve with the SPRD bylaw. This
statement will form the basis of the work to be done by the zoning consultant who will be
engaged to revise or replace the existing Section 6.9 in order to create the necessary
incentives to increase production of the housing stock we want. The statement reflects an
increased focus on sustainability and accessibility.
The statement reads as follows:
Lexington seeks to encourage greater diversity of housing opportunities to meet the needs of a
diverse population with respect to income, ability, accessibility needs, number of persons in a
household and stage of life. Lexington seeks to fulfill this goal while preserving its cultural and
historical values and promoting growth that is sustainable and sensitive to the natural
environment.
Lexington is mindful of supporting development that preserves historically or architecturally
significant buildings and landscape. The Town recognizes that not all of these values can be
applied to all sites but is committed to evaluating each site as an opportunity to contribute to
serving and promoting these values Town wide.
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G. Recommendation for RFP
The Committee recommends that a zoning consultant be retained to complete a
comprehensive review of best practices in SPRD type zoning and make recommendations to
this Committee on how best to achieve the housing stock production consistent with the
Value Statement. The recommendations may include revision or replacement of the existing
Bylaw, the Regulations, and/or any element of administration or process. Staff will be
conducting the RFP process to retain a technical consultant for this purpose and the
consultant will work with the Committee and the Planning Department staff to achieve these
goals. Additional public comment sessions will be held, and the elected Boards will have
opportunity to contribute to the process.
Addendum
SPRD By-Law (Sec. 135.6.9, existing)
6.9 SPECIAL PERMIT RESIDENTIAL DEVELOPMENTS.
6.9.1 Purpose. This section is intended to:
1. Ensure that the development of multiple dwellings does not detract from the livability,
scale, character or economic value of existing residential neighborhoods;
2. Encourage greater diversity of housing opportunities in Lexington to meet the needs of
a population which is diversified with respect to number of persons in a household,
stage of life, and income;
3. Encourage the development of affordable housing;
4. Promote development proposals designed with sensitivity to the characteristics of the
site that otherwise might be limited by application of uniform, largely geometric
standards;
S. Permit different types of structures and residential uses to be combined in a planned
interrelationship that promotes an improved design relationship between new
buildings and public facilities and common open space;
6. Preserve historically or architecturally significant buildings or places;
7. Encourage the preservation and minimum disruption of outstanding natural features of
open land and to minimize impacts on environmentally sensitive areas;
8. Encourage sustainable development through the use of green building practices and
low-impact development techniques;
9. Promote the efficient and economical provision of public facilities such as utilities and
streets and facilitate a detailed assessment, by Town officials and the public, of the
adequacy of such facilities and services for the proposed level of development.
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6.9.2 Applicability. A special permit residential development is a project in which one or
more lots, tracts, or parcels of land are to be improved for use as a coordinated site for
housing. No special permit residential development shall be initiated without first
obtaining a special permit in accordance with the provisions of this section.The purpose
of the special permit is to provide detailed review of residential developments that have
a substantial impact upon the character of the Town, adjacent residential areas and the
provision of public facilities and services.
6.9.3 Types of Special Permit Residential Development.
I. A site sensitive development (SSD) is the development of a parcel with configurations
of lots allowing flexibility and creativity in residential development through reductions
in minimum lot area and frontage requirements in order to minimize site disturbance,
preserve historic and sensitive natural resources, and allow for efficient patterns of
construction to lower development cost. The number of dwellings in a site sensitive
development may not exceed the number of dwellings that could be constructed in the
development of a conventional subdivision. [Amended 4-9-2014 ATM by Art. 321
2. A balanced housing development (BHD) is a development allowing deviation from the
dimensional standards that apply to developments in conventional subdivisions in
order to achieve abalance of housing choices fora diversity of household types and sizes.
Instead of determining density by minimum lot area and frontage requirements, the
amount of residential development for the tract as a whole is based on calculations of
gross floor area and impervious surface area derived from a conventional development
plan for the tract of land. [Amended 4-9-2014 ATM by Art. 321
3. A public benefit development (PBD) is a type of balanced housing development that
allows increases in gross floor area and impervious surface area in return for the
creation of 10% of the units as affordable housing.
6.9.4 Scale of Development.An applicant is not entitled to the maximum development, nor
is the applicant entitled to approval of a special permit residential development. The
amount of development permitted will be based on a fully complying proof plan and the
SPGA's evaluation of the extent to which the proposed development complies with the
criteria set forth-below.
6.9.5 Dimensional Standards. The requirements of§ 135-4.0 are modified as follows:
1. Lot area. There is no minimum lot area required. Individual lot area shall be sufficient
to meet off-street parking requirements of this bylaw and the installation of any on-site
water supply and sewage disposal facilities.
2. Frontage. There is no minimum frontage required. Frontage for each lot shall be
sufficient to provide for adequate access to the building site. Where shared driveways
or other circumstances render frontage on a street to be of no importance, none is
required.
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3. Yard and Height Requirements. Yards required by § 135-4.0 and the height limit of
§ 135-4.3.5 apply to the perimeter of the site, but are not applicable within the site.
[Amended 3-30-2016 ATM by Art. 391
4. Site coverage. There is no maximum site coverage limit for individual lots. Site coverage
for the development tract as a whole is limited as described below.
6.9.6 Gross Floor Area Standards.
1. Site sensitive developments (SSD). The total gross floor area (GFA) in an SSD may not
exceed the sum of the gross floor area that would be permitted on each of the lots shown
on the proof plan under § 135-4.4 of this bylaw. [Amended 3-30-2016 ATM by Art.
41]
2. Balanced housing developments. The total gross floor area (GFA) of all structures in a
BHD shall be less than the number of lots shown on the proof plan multiplied by 7,200
square feet.
3. Public benefit developments. The total gross floor area (GFA) of all structures in a PBD
shall be less than the number of lots shown on the proof plan multiplied by 8,640 square
feet.
6.9.7 Dwelling Unit Count and Limitations on Unit Size.
1. Site sensitive developments. The number of dwellings in a SSD shall not exceed the
number of dwellings shown on the proof plan.
2. Balanced housing developments. The number of dwelling units permitted in a BHD is
not limited. At least 25% of the dwelling units must have a GFA not larger than 2,700
square feet,and at least 50%of the dwelling units must have a GFA not larger than 3,500
square feet.
3. Public benefit developments. The number of dwelling units permitted in a PBD is not
limited.At least 25% of the dwelling units must have a GFA not larger than 2,700 square
feet,and at least 50%of the dwelling units must have a GFA not larger than 3,500 square
feet. In addition, 10% of the total number of dwelling units in the development must be
affordable to households earning no more than 80% of the area median income.
6.9.8 Impervious Surface Standards.
1. Site sensitive developments. The impervious surface limit in a SSD is based on the proof
plan. The limit for the development as a whole is calculated as follows:
Step 1: Determine the area in square feet of each lot shown on the proof plan. For each lot in
a RS or RT District, multiply its lot area by 0.20; for each lot in the RO District, multiply its lot
area by 0.12.
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Step 2: Determine the total area of the impervious surfaces contained on the proof plan that
are not contained within lots, such as roads, sidewalks, and similar surfaces.
Step 3: The impervious surface limit for the SSD is the sum of the impervious surface
calculations from Steps 1 and 2.
2. Balanced housing developments. The impervious surface limit in a BHD is calculated in
the same manner as that of a SSD.
3. Public benefit developments. The impervious surface limit in a PBD is calculated in the
same manner as that of a SSD and increased by 20%, i.e. multiplied by 1.20.
6.9.9 Site Coverage Standards.
1. For site sensitive developments, the site coverage limit is based on the proof plan. The
limit for the development as a whole is calculated as follows:
Step 1: For each lot on the proof plan, multiply its lot area in square feet by 0.15 for lots in RS
and RT Districts, and by 0.09 for lots in RO Districts.
Step 2: The site coverage limit for the SSD as a whole is equal to the sum of the individual lot
site coverage calculations determined in Step 1.
2. For balanced housing developments, there is no site coverage limit.
3. For public benefit developments,there is no site coverage limit.
6.9.10 Common Open Space Standards.
1. Minimum common open space. At least 33% of the developable site area in a BHD or
PBD shall be set aside as common open space. A maximum of 20% of common open
space may be devoted to parking or structures used for, or accessory to, active outdoor
recreation,provided such parking or structures are consistent with the open space uses
of such land.
2. Location; condition.Where required or provided, common open space shall be land that
may be in one or more parcels of a size and shape appropriate for the intended use and
available for use by all occupants of a development.
3. Easement. When such open space is conveyed to persons or entities other than the
Town, an easement over such land shall be granted to the Town to ensure its perpetual
use as open space, conservation, recreation or park land.
6.9.11 Ownership of Open Space. Common open space may be conveyed to:
1. The Town,subject to acceptance,to ensure its perpetual use as open space,conservation,
recreation or park land; or
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2. A legal association comprised of the owners of the development, which may include
homeowners or owners of condominium or cooperative units; or
3. A nonprofit organization, the principal purpose of which is the conservation of open
space.
6.9.12 Streets and Drives. The objective of this section is that adequate access for fire-
fighting, medical and other emergency operations be provided from the public street
system to each site sensitive, balanced housing, or public benefit development, as
follows:
1. Connection to public street system. Each street and interior, drive, or system of streets
or interior drives, shall connect to a public street.
2. A dead-end interior drive will be treated in the same manner as a dead-end street, and
is subject to the provisions governing a dead-end street that are found in the Subdivision
Regulations. [Amended 3-23-2016 ATM by Art. 371
3. In a development served by a dead-end street or dead-end interior drive, a secondary
means of access may be required in order to provide adequate access for fire-fighting,
medical and other emergency vehicles. The Fire Chief will be consulted as to the
adequacy of the access.
6.9.13 Compliance with Other Rules and Regulations. The construction of community
services, such as utilities, and of streets and interior drives shall comply with the
requirements of the Planning Board's Subdivision Regulations. [Amended 3-23-2016
ATM by Art. 3 71
6.9.14 Modification by Special Permit.The SPCA may,as part of the grant of a special permit,
modify the requirements of§§ 6.9.8 and 6.9.9,and the following provisions,as they may
apply to individual dwellings or lots within a special permit residential development:
Bylaw Provisions SSD BHD PBD
Number of dwellings on a lot No Yes Yes
Lot width Yes Yes Yes
Contiguous developable site area Yes Yes Yes
Location of off-street parking spaces Yes Yes Yes
Setbacks required for parking spaces and driveways Yes Yes Yes
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Bylaw Provisions SSD BHD PBD
Subdivision of land in relation to lots or buildings that Yes Yes Yes
are nonconforming or would not comply with this bylaw
as a result of the proposed development
6.9.15 Types of Dwellings. The SPCA may, as part of the grant of a special permit, allow the
following types of dwellings:
Type of Dwelling SSD BHD PBD
One-family detached Yes Yes Yes
Two-family (*Yes in RT District) No* Yes Yes
Townhouse No Yes Yes
6.9.16 Accessory Apartments. The SPCA may authorize accessory apartments, as described
in § 6.7 of this bylaw, to be created within a site sensitive development. [Amended 4-
9-2014 ATM by Art. 32; 3-30-2016 ATM by Art. 401
6.9.17 Conversion. The SPGA may authorize an existing structure, that was constructed at
least 10 years prior to the date of application for approval of the special permit, to be
converted to a residential use not otherwise permitted. The special permit shall
incorporate by reference the building design and definitive site development plans filed
with the application for a special permit, and, where applicable, any legally binding
document that has been submitted to ensure the completion and continued availability
of any proposed improvement or compliance with special conditions. In order to grant
the permit the SPCA shall determine that:
1. The structure can be modified for a residential use that does not have adverse impacts
on any adjacent one-family neighborhood;
2. The exterior character of the structure is maintained and is compatible with any
adjacent neighborhood of one-family dwellings;
3. Modification of the existing structure maintains more of the site as open space than the
alternative of removal of the structure and further subdivision of the lot into house lots.
6.9.18 SPCA.The Planning Board shall be the special permit granting authority for all special
permit residential developments. The Planning Board may grant any special permits
that are required for the special permit residential development, notwithstanding
provisions of this bylaw designating a different special permit granting authority.
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6.9.19 Criteria. The SPCA may only grant a special permit if it makes a determination that
the proposed development is consistent with the standards and criteria set forth in
§ 9.4.2 and the following additional criteria:
1. Where there is common open space, it shall include, as applicable:
a. Some,or all,of the outstanding natural features of the site and of the man-made features,
including but not limited to stone walls, that enhance the land form;
b. Land that increases visual amenities for residents of the development and of the
adjacent neighborhood;
C. One or more paths or entry points specifically designed for access purposes.
2. The dwellings are sited and oriented in a complementary relationship to: each other,
the common open space, and the adjacent properties with respect to scale, mass,
setback, proportions and materials;
3. Negative visual impacts of the development, if any, are screened from adjacent
properties and nearby streets by landscaping or other site planning techniques;
4. Where opportunities exist, improved access is provided to, or additional links and
connections are developed to, a Town system of public facilities, such as open space,
recreation facilities, footpaths or bicycle paths;
S. Any building which contains more than one dwelling unit is designed so that either:
a. The building has the exterior appearance of a one-family dwelling; or
b. If two-family dwellings and/or townhouses are constructed, each individual dwelling
unit has access to ground level and an opportunity for a private yard, patio, or other
private outdoor space;
6. There are provisions for common facilities,such as recreation or parking,or for services
such as the maintenance of streets, walkways or paths, utilities, landscaping or
recreation facilities;
7. Where there are sufficient dwelling units,the layout of the street(s) and interior drive(s)
will accommodate vehicles, other than automobiles, that are used in local
transportation services.
8. To the extent practicable, sustainable development techniques, including green
buildings, have been utilized.
9. A public benefit development shall meet the following criteria:
a. There are sufficient benefits to the adjacent neighborhood and the Town generally
to warrant an increase in the maximum development otherwise permitted; and
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b. Legally binding documents have been submitted that insure that affordable
units will continue to be available to eligible households in perpetuity.An affordable
unit shall be subject to maximum household income established for that unit,based
on the area median income (AMI) as annually determined by the U.S. Department of
Housing and Urban Development, assuming one more person in the household than
the number of bedrooms in the unit. Eligible households shall have incomes no
greater than 80% of the AMI.
2014 Housing Production Plan
Goal 1: Maintain Lexington's SHI above 10% through 2020 and beyond
Goal 2: Provide more housing options for Lexington's low-income households earning
less than 80% of area median income
Goal 3: Provide housing options for Lexington middle-income households earning
80% to 120% of area median income
Goal 4: Provide housing options tailored to the needs of seniors and those with
disabilities
Goal 5: Plan affordable housing to incorporate sustainable building practices and to
support Lexington's economic goals
Goal 6:Coordinate Lexington's affordable housing development with regional housing
strategies
2003 Comp Plan
The Town of Lexington strives to promote and maintain the socioeconomic diversity of
Lexington by managing and implementing the Town's efforts to meet the housing needs of
low- and moderate-income residents and develop initiatives to preserve and expand the
Town's stock of affordable housing. Our primary task in this arena is monitoring the more
than 1,300 affordable units.
We also work with private developers and owners to offer access to affordable units created
through local permitting processes.
Lexington seeks to have a socially and economically diverse community,both over the whole
of the community and within its neighborhoods. In support of that fundamental social goal,
a basic housing goal is to provide housing opportunities supportive of the population
diversity we seek. This will require attention both to the needs of lower income groups and
also to the needs of a growing segment of middle-income households who also are being
priced out of Lexington. The potential beneficiaries of our efforts to accommodate diversity
are not only those who otherwise could not live here but are all of us, enriched by having a
more complete community for ourselves and for our families. We need to achieve that
diversity of opportunity through appropriate means - without sacrificing the qualities of
existing residential environs through unreasonable density departures, introduction of
disruptive traffic or other impacts, or building in a way that is inconsistent with its context. (Comp
plan Executive Summary,Page xi)
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