HomeMy WebLinkAbout2023-02-23-SPRD-min
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Special Permit Residential Development (SPRD) Ad-hoc committee
Meeting minutes of February 23, 2023
Special Permit Residential Development (SPRD) Ad-hoc Committee Members present for the
Public Meeting: Jill Hai, Chair; Scott Cooper, Joyce Murphy, Charles Hornig, Richard Perry,
Betsey Weiss, Wendy Manz, Heather Hartshorn
Lexington Staff present for the Public Meeting: Carol Kowalski, Assistant Town Manager for
Development; Siqing Pan
Moderator: David Trietsch
Ms. Hai opened the meeting at 7:01 pm and introduced the members of the committee.
Presentation of proposed SPRD zoning bylaw amendment
Ms. Manz presented the slides describing the goals, purpose, committee process, features of
the zoning proposal, including affordable housing requirements. She explained that the
Committee received input from realtors, housing advocates, developers, and Lexington gro ups
and committees.
Steve Heinrich 11 Potter Pond introduced himself. He explained he was from a condo
community. He urged that the Town build appropriate housing. Town Meeting conclusions has
mostly resulted in large single-family homes. Homes have grown in size at Potter Pond from
1100 sq feet to 2300-2400 sq feet, the largest being 4-bedroom units. In 40 years, the cost to
maintain the units have risen and they don’t get new families. They get retirees. They try to
attract families to make it more of a community. Will the proposed new constructions be
homeowner associations? With $500-$800 fees, and taxes, which added to the mortgage are
high. It puts them out of the price range of many people.
Lisa Harrington 47 Taft Avenue asked if these small developments don’t require acreage? Also,
is committee considering relaxing zoning in individual neighborhoods to allow people to put
duplex or two modest homes on their property?
Lin Jensen, 133 Reed St asked, according to the current Town Meeting motion, does it mean
that every lot could have multi-family or non-single family? Charles Hornig answered, only
tracts that could host at least two compliant lots in residential parts of Lexington could host one
of these developments, so very few places in Lexington. Ms. Jensen asked where in the bylaw
does it say that? Second question: since only 6 units were built in SPRD to date, how many total
homes have been built since 2008? Charles Hornig answered we don’t have that off -hand. Ms.
Jensen responded, with the number she thinks it has produced hundreds, so it’s misleading.
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Lexington negotiated to get affordable units because it wasn’t required. It would be more
effective to have 6.9.7 and 6.9.8 combined into the current SPRD zoning bylaw.
Ms. Hai said 6.9.4 is the section that states that two compliant lots are required.
Jay Lucker 26 Rindge Ave. Town Meeting Member, asked if the Committee was just taking
public comments. Mr. Trietsch responded that if it’s an easy, quick answer the committee will
provide it. Mr. Lucker commented that “we want clear rules but also want to protect the tree
canopy, how do we reconcile those, without unduly burdening production of new housing ?
Article 25 will extend the Historical Commissions demo delay another 9 months. Would that
create additional burdens?”.
Sara Higginbotham 27 Byron Ave. explained she lived in the Peirce Lockwood Neighborhood
Conservation District which has small houses like River Walk. The district was started to
preserve small homes. She asked to hear more about how the developers will buy into this
plan.
Pam Hoffman, 4 Rangeway, TMM Precinct 7 asked if the new SPRD would apply to any of the
parcels in the MBTA Multi-family districts. Charles Hornig replied yes, but the MBTA may be
more worthwhile economically.
Ms. Hai responded to Mr. Heinrich’s comment about “trying to keep things affordable”. She
clarified that the committee is not able to put a restriction on what a developer decides to
build; the developer may choose to do a purchase or rental, and that will be dependent on
what the project is; but both are permissible, as they are today.
Also, Ms. Hai explained that this Committee was charged strictly with proposing anamendment
to the SPRD section of zoning to create incentives to build something other than single family,
which is what the community has said it wants, but amending other areas of zoning is outside
the committee’s authority
M. Hornig responded adding to Mr. Heinrich’s comment that the subsidy for affordable housing
considers whatever fees exist from an HOA. The pricing mechanism takes the HOA fees into
account to keep to affordable.
Regarding lots anywhere in Lexington, the Planning Board has looked at several initiatives over
the years, this committee was created when Town Meeting ferred a citizen’s proposal on this
topic to Select Board. In terms of developments in transit locations, the Planning Board is
pursuing article 34. Mr. Hornig was sure it will be taken up again after these initiatives are acted
on by Town meeting.
Jenny Richlan asked what specific feedback have the committee received from developers. And
asked to see the development slide again. Mr. Trietsch answered that the committee has asked
developers, including Richard Perry, member of the committee. Ms. Weiss then reviewed the
details of the slide that Ms. Richlan asked about, the table comparing Open Space Residential
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Development and Special Residential Development. Ms. Richlan appreciated the work and
thanked the committee, and hopes it will get the Town to its goals.
George Sacerdote 15 Loring Road, asked about the affordable units, and the level of subsidy.
What is there to stop people from flipping them after they buy them? Mr. Hornig explained the
legally binding restrictions that are placed on the affordable units.
Lin Jensen expressed concern about going from Special Permit to Site Plan Review. She wanted
to know, in researching this, have we seen other communities in metro Boston that do this? In
Concord, River Walk was by a Special Permit. Have other towns done this by right? Mr. Hornig
replied that there are alternative development bylaws that use Site Plan Review or by right. We
can identify some. In the next few years 175 communities will have site plan review, by right. It
will be extremely common in a just a few years. Ms. Jensen asked why no limits are proposed
around the property. It will be more likely to combine two homes to qualify for this. Ms. Hai
clarified the existing setbacks and lot requirements on the perimeter of the lot . It’s just for the
individual lots in the interior that will not have specific requirements.
Lizabeth Yass 47 Coolidge Avenue Precinct 6, mentioned that she represents many residents.
When would applications go into effect, how long will it be binding? She was curious about
developer pressure to make changes to this bylaw. Could it be changed in a year or two? Mr.
Hornig replied, technically in effect when Town Meeting votes, in practice, 3-6 months after
Attorney general approves it. Any bylaw can be changed by Town Meeting.
Eric Spenser 43 Coolidge Avenue was curious about the goals, measurability, considering entire
housing inventory, if the plan succeeds what is the ideal percentage of different housing types
the committee want to see? He expressed that if it hasn’t been developed that he’d love to see
that. He asked if there is a plan to adjust it to get closer to the goal the committee seeks.
Mr. Hornig replied that this committee is temporary, will dissolve after this Town Meeting. The
ongoing maintenance of the zoning bylaw is the Planning Board’s responsibility, and housing
will continue to be on our minds. Final decision will be made at the Town Meeting. Ms. Hai
added that the Planning Board, Select Board,the Housing production Plan, and Lexington Next,
the Comprehensive Plan adopted by the Planning Board this past fall and the last two Vision for
Lexington surveys all expressed goals of allowing a diversity of housing types to encourage a
variety and diversity of people to live in Lexington.
Jay Luker mentioned that he is on Cluster Housing Study group. He asked about the payment in
lieu option. Does the committee think there are scenarios when a developer would build an
affordable unit anyway, and how did the we calculate the fee? Did we reference the Regional
Housing Service Office’s guidelines?
Richard Perry replied, we had a subcommittee. We knew we wanted 15% inclusion, came up
with a formula for how a builder would. Ms. Manz asked/re-stated the question; would a
builder opt to build? Mr. Perry said it would be unlikely. Mr. Hornig said that a landowner
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would know ahead of time what they would have to pay. It would be in the regulations, not in
the bylaw because construction cost will change.
Lin Jensen asked about the “purposes” section of the bylaw, specifically preserving the site and
historic resources. Is there specific language on sustainability? Mr. Hornig replied that the
flexibility of these developments helps us protect historic buildings or environmentally
sensitiveareas, through site plan review. The Planning Board can absolutely tell the builder to
move the buildings to a different part of the site. Ms. Hai add ed,6.9.5 the threshold criteria,
which now say that a Site Sensitive Development must be designed to protect these features.
Ms. Jensen said she would prefer specific requirements on sustainability.
Mr. Treitsch and Ms. Hai then asked the Committee members to describe more about their
interest and expertise, and what they brought to the Committee.
Committee then, since no further public comments were made, continued the meeting by
planning the agenda for the next meeting on March 1, 2023. Ms. Manz said the committee may
want to look at having an open space requirement for the Site Sensitive Developments, and it
may want to limit the size and units in Site Sensitive Developments. Mr. Hornig added that the
SPRD Committee needs to discuss its strategy considering the Planning Board hearing, which
continues to the evening of March 1st. Ms. Hai added that we are scheduled for March 2 at
about 8:15pm for Town Meeting Members Association.
Adjourn
Betsey Weiss moved that the SPRD committee to adjourn the meeting. It was duly seconded,
and approved. The meeting was adjourned at 8:24pm.