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Special Permit Residential Development (SPRD) Ad-hoc Committee
Meeting Minutes of April 6, 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,
Wendy Manz, Heather Hartshorn
Lexington Staff present for the Public Meeting: Carol Kowalski, Assistant Town Manager for
Development; Julie Moore, Zoning Administrator; James Kelly, Building Commissioner; Ragi
Ramachandran, Administrative Assistant
Other attendees: David Treitsch
Ms. Hai conducted a roll call to ensure all the members of the SPRD ad-hoc committee and
members of staff present could hear and be heard.
Ms. Hai chaired the meeting and called the meeting to order at 8:00 am.
The meeting was recorded by LexMedia for future on-demand viewing.
Approval of Meeting Minutes
The SPRD committee reviewed the draft minutes of meetings held on 01.05.23, 01.17.23,
01.31.23, 02.08.23, 02.23.23 and 03.01.23. Ms. Hai moved that the committee approve the
minutes of the meetings held on 01.05.23, 01.17.23, 01.31.23, 02.08.23, 02.23.23 and
03.01.23, as presented. Mr. Perry seconded the motion. The SPRD Committee voted in favor
of the motion 7-0-0 Roll call vote: MOTION PASSED UNANIMOUSLY.
Review of amendments filed for Article 33
Ms. Hai informed the committee about the two amendments that were filed for Article 33, one
being to remove the payment-in-lieu provision and require the creation of in inclusionary
dwelling unit in every development. Ms. Hai said the other amendment was to replace the
approval process from the proposed Site Plan Review to a Special Permit.
Ms. Hai reiterated the reasoning behind the payment-in-lieu option. Ms. Manz agreed with Ms.
Hai’s statements and agreed that the maintenance of a flow of funds into the Affordable
Housing Trust was important. Ms. Manz added that it is important to come up with a proposal
that would be usable and wanted to get the opinion of Mr. Perry. Mr. Perry felt that the
amendment might be difficult to implement and would be a deal breaker for smaller
developments. Mr. Hornig said that there are certain fixed costs for units which will be same
regardless of the size of the unit and there were lot of costs associated with managing a
property as a deed-restricted unit, which could be more effectively managed by pooling the
funds to create multiple affordable units through the funding the Housing Trust. Mr. Hornig
added that the site sensitivity of the development will also be affected because constructing the
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affordable unit instead of making a payment would require using up more of the site we are
trying to preserve. Mr. Cooper felt that by eliminating payment-in-lieu provisions, the
developers will not use this alternative for small developments and go for conventional
subdivisions where there are no affordable components included.
Mr. Cooper felt that with Site Plan Review, there is certainty of outcome, which would
encourage the developers to use the bylaw. Ms. Manz wanted clarification from Mr. Perry
regarding Ms. Ricki Pappo’s statement that the affordable units will be more affordable to the
builder if the land was already acquired instead of setting aside the money for future purchase
of land for construction. Mr. Perry said that more than the money, payment-in-lieu will only be
used on smaller sites and a forced small house in a development would be very challenging.
Prepare for and review participation for Town Meeting on 4/10
Ms. Hai shared a document which listed the frequently asked questions relating to Article 33
and corresponding responses. Mr. Hornig wanted to make edits to the table of similarities
between Site Plan Review and Special Permit Requirements, based on Town Counsel’s
suggestions. The committee discussed the responses for the frequently raised questions and
came up with suitable answers.
The committee discussed if the cost of land should be included in building costs. Mr. Hornig
shared a calculation of construction costs based on the budget for 116 Vine Street in Lexington
and shared the payment-in-lieu calculation that he would propose. The committee decided to
continue working on the definition of building cost.
Ms. Hai moved that the SPRD committee take a position on the amendment requiring a
Special Permit instead of Site Plan Review and wanted confirmation from the committee on
their opposition to the amendment. Mr. Cooper seconded the motion. The SPRD Committee
voted in favor of the motion, opposing the amendment 7-0-0 (Roll Call Cooper- yes,
Hartshorn-yes, Hornig- yes, Manz- yes, Murphy- yes, Perry- yes, Hai- yes). MOTION PASSED
UNANIMOUSLY.
Ms. Manz moved that the SPRD committee oppose the amendment to remove payment-in-
lieu. Ms. Hai seconded the motion. The SPRD Committee voted in favor of the motion,
opposing the amendment 7-0-0 (Roll Call Cooper- yes, Hartshorn-yes, Hornig- yes, Manz- yes,
Murphy- yes, Perry- yes, Hai- yes). MOTION PASSED UNANIMOUSLY.
Ms. Hai moved that the SPRD committee’s intention, when calculating the building cost, was
not to limit the calculation to hard construction costs alone and wanted the committee’s
endorsement on the same. Mr. Cooper seconded the motion. The SPRD Committee voted in
favor of the motion, opposing the amendment 6-0-0 (Roll Call Cooper- yes, Hartshorn-yes,
Hornig- yes, Manz- yes, Murphy- yes, Hai- yes). MOTION PASSED UNANIMOUSLY.
Mr. Tom Shiple wanted to know how different it would be to manage one inclusionary housing
unit on a small Site Sensitive Development (SSD) versus managing six units. Mr. Hornig said that
managing one unit in a small SSD and managing two or three units in a medium SSD is the same
effort amortized over a larger development.
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Upcoming meetings
The committee decided to have their next meeting on May 4th 2023, at 8 a.m.
Adjourn
Ms. Hai moved that the SPRD committee adjourn the meeting of April 6th, 2023. Ms. Manz
seconded the motion. The SPRD Committee voted in favor of the motion 6-0-0 (Roll Call
Cooper- yes, Murphy-yes, Hornig- yes, Manz- yes, Hartshorn -yes, Hai- yes). MOTION PASSED
UNANIMOUSLY.
The meeting was adjourned at 9:35 a.m.
List of documents:
1. Draft of frequently asked questions.