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HomeMy WebLinkAbout2023-09-13-PB-min Lexington Planning Board Meeting Minutes September 13, 2023 Page 1 of 8 Minutes of the Lexington Planning Board Held on Wednesday September 13, 2023, Virtual Meeting at 6:00 pm Planning Board members present: Robert Peters, Chair; Michael Schanbacher, Vice-Chair; Melanie Thompson, Clerk; Robert Creech, Charles Hornig, and Michael Leon, Associate Member. Also present were: Abby McCabe, Planning Director; Sheila Page, Assistant Planning Director; Carol Kowalski, Assistant Town Manager for Development; James Kelly, Building Commissioner; and Kiruthika Ramakrishnan, Planning Coordinator. Robert Peters, Chair of the Planning Board, called to order the meeting of the Lexington Planning Board on Wednesday, September 13, 2023, at 6:01 p.m. For this meeting, the Planning Board is convening by video conference via Zoom. LexMedia is filming this meeting and will record it for future viewing here. Detailed information for remote participation by the public may be found on the Planning Office web page. Mr. Peters conducted a roll call to ensure all members of the Planning Board and members of staff present could hear and be heard. Mr. Peters provided a summary of instructions for members of the public in attendance. It was further noted that materials for this meeting are available on the Town's Novus Packet dashboard. Board Administration Continued Public Hearing to amend the Planning Board’s Zoning Regulations Chapter 176 of the Code of Lexington sections on: General Regulations, Fee Schedule, Submission Material, Special Permits, Site Plan Review, Transportation Management Overlays, Site Plan Review Design Regulations, Open Space Residential Developments, Inclusionary Dwelling Units Mr. Peters opened the continued Public Hearing to amend the Planning Board’s Zoning Regulations Chapter 176 of the Code of Lexington sections on: General Regulations, Fee Schedule, Submission Material, Special Permits, Site Plan Review, Transportation Management Overlays, Site Plan Review Design Regulations, Open Space Residential Developments, Inclusionary Dwelling Units. Section 10: Transportation Management Overlay Districts: Ms. Page presented the Section 10 regulations pertaining to the Hartwell transportation management overlay district. Ms. Page informed the Board that based on the decision of the Board during the last Board Meeting, further research was done on certain decision points. Ms. Page said that she believed the Board members agreed that the Traffic Mitigation fee will be calculated based on the number of parking spaces in excess of the existing parking. Ms. Page shared the calculations she had made based on various scenarios related to two recent projects. Mr. Creech said that considering the benefits to the Town, the residents and the business owners, he supported the proposed fee of $2000 for each net new parking space built up to the minimum parking required by § 10.2.6 and $5000 for each net new parking space Lexington Planning Board Meeting Minutes September 13, 2023 Page 2 of 8 built beyond the minimum parking required by § 10.2.6. Mr. Hornig and Mr. Peters agreed with Mr. Creech. Ms. Page responded that as per the suggestion of some members of the Planning Board, she had made changes to the threshold for developments. For large projects, Ms. Page suggested that an increase in more than 30,000 square feet of net floor area or an increase in parking spaces by more than 30, would require submission of large project PTDM plans. And for small projects, an increase in more than 5000 square feet of net floor area or an increase in parking spaces by more than 8, would require submission of small project PTDM plans. The Board discussed and agreed to Ms. Page’s suggestions. Ms. Page said that the requirements relating to increase in net floor area due to interior renovations need to be discussed and the Board members discussed and decided to remove them. Ms. Page shared the requirements of the point system, how they would work in reducing single occupancy vehicle trips, and showed how the proposed point system would work with existing projects. Ms. Page explained the incentives for joining or creating a shared shuttle service and for providing a private shuttle service. Ms. Page asked the Board to consider Mr. Shiple’s comments from the earlier meeting regarding points to be awarded for creating connections between existing trails. Mr. Peters and Mr. Creech felt that Mr. Shiple’s comments must be added to the point system. Mr. Schanbacher moved to amend Section 10.0 Transportation Management Overlay Districts of the Planning Board's Zoning Regulations as amended through September 13, 2023 and as further amended during the meeting. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Creech – yes; Peters – yes; Schanbacher – yes; Hornig-yes; Thompson – yes). MOTION PASSED Ms. McCabe reminded the Board Members about their discussion during the August 9th meeting regarding the provisions of the new section 14 that they had created on Inclusionary Dwelling Units. Ms. McCabe explained that Section 14.4.1 provisions relating to payment-in-lieu, would apply only to Special Residential Developments (SPRD) proposing 6 or fewer units and that payment -in-lieu would be equivalent to the estimated cost of construction. Ms. McCabe reminded the Board about the discussion at the August 9 meeting when the Planning Board set the amount as $500 a square foot, based on a recent LexHAB project. Since there were questions on August 9 regarding the calculation, Ms. McCabe has done some further research to arrive at a figure that would be more realistic and asked the Board to reconsider and reduce the amount. Ms. McCabe shared a hypothetical calculation based on a 40,000 square feet lot, and explained the need to reduce the adopted payment-in-lieu amount to $270 which would yield $627,750 into the affordable housing trust fund. This amount would still incentivize builders to use this section of the bylaw and still be able to provide a payment to the affordable housing fund. Using the $500 SF rate, a very small project would be required to contribute over $1.1 million dollars, which is not economically feasible that a builder would be able to contribute that much on a small project. Ms. Kowalski, informed the Board that the SPRD Committee discussed the calculation of payment-in-lieu from multiple angles and the main criteria was that the payment-in-lieu should not be a barrier for developers from opting for Special Residential Developments (SRD). Ms. Kowalski explained that the main Lexington Planning Board Meeting Minutes September 13, 2023 Page 3 of 8 intention of payment-in-lieu was to be an incentive for developers to choose Special Residential Developments instead of single-family conventional subdivisions. Ms. Kowalski added that another intention was to create some funds to enable the housing trust to buy units in SRDs and MBTA multi- family developments. Ms. Kowalski cited Ms. McCabe’s hypothetical calculations and said that with half a million dollars provided by those theoretical two lot subdivisions, deeper subsidies to an existing SRD or MBTA housing can be added. Ms. Kowalski added that the Board planned to annually revisit the calculation of payment-in-lieu to factor the changes in construction costs based on costs incurred by developers. Ms. Kowalski said that the developer’s cost was always the basis of the calculation, because LexHAB’s costs are so prohibitive which prompted them to change their corporate structure, in order to lower their construction costs and make it comparable to developer’s costs. Ms. Kowalski said that the Building Commissioner Mr. Kelly, and the members of the SPRD Committee, Mr. Perry, Ms. Murphy, Ms. Hai, and Ms. Rust from RHSO, all acknowledged that developer’s cost should be the basis of calculation of payment- in-lieu. Mr. Creech mentioned the findings from the feasibility study for housing needs from LDa Architecture showed that the land acquisition costs will be small for large projects. Mr. Hornig said that the intent of Town Meeting in adopting Article 33 was important to him. He said the SPRD Committee voted to say that the payment-in-lieu should not be limited to construction cost and said he preferred the developer building a 2000 square feet inclusionary unit instead of making a ~$600,000 payment to the affordable housing trust. Mr. Leon agreed with Mr. Hornig and said that it would be nice to have the inclusionary unit to be part of the development project and said he would lean towards $275 to $350 for payment-in- lieu for the first 12-month period and revise it later based on the then market rate. Ms. Kowalski reminded everyone that the payment-in-lieu option was only available for development of 6 or fewer units for SRD and that there is no payment in lieu option for MBTA zoning adopted under article 34. Mr. Kelly said that it is very difficult to get an idea of the cost of construction and it is based on many factors including the location, type of house and quality of construction. Mr. Kelly added that he reached out to some long-term local builders and, based on his review he recommends the calculation for cost of construction to be around $235-275 and recommends lowering the amount because the $500 is extremely high. Mr. Kelly felt that $270 per square feet is already on the high end of the cost of construction and added that construction for public property is usually double the regular cost and hence the difference in numbers. Ms. Kowalski appreciated the Board’s efforts in ensuring availability of sufficient funding sources for the Affordable Housing Trust, with which she has been actively involved from its inception. Ms. Kowalski reminded the Board that payment-in-lieu will not be the only source of funds for the housing Trust and hence need not be inflated. Mr. Peters felt that in an ideal world, the payment-in-lieu amount would be high and would incentivize the developer to build a unit of affordable housing instead of making a monetary contribution. Mr. Peters said that based on the feasibility study conducted for Zoning for MBTA communities, which came up with a $300 per square foot of construction cost, he agreed with Mr. Creech’s suggestion between $270 to $350 per square foot. Ms. McCabe reminded Mr. Peters that the feasibility study was for a multifamily scenario, for housing at a higher density. Lexington Planning Board Meeting Minutes September 13, 2023 Page 4 of 8 Mr. Peters opened the hearing up for public questions and comments. Public Comments: Ricki Pappo, 16 Blossomcrest Road, Ms. Pappo believes the cost should be high and all-inclusive including the land acquisition cost since land is very expensive in Lexington, in order to create housing using the contribution. She did not think the Board should lower the amount to $270 and believes Town Meeting expected it to be higher. Tom Shiple, 18 Phinney Road, said that he believes a higher amount for payment-in-lieu should be imposed. Mr. Shiple said he feels that one of the greatest predictors of social mobility for people with low income, is growing up in a mixed income neighborhood and it can be achieved by creating subsidized units in developments. Mr. Shiple suggested the board think more about what they’re trying to achieve and do more research maybe talk to LexHAB and other non-profits. Richard Perry, a member of the former SPRD Committee and Precinct 4 Town Meeting member, said that one of the main goals of the committee was to create a usable bylaw that would allow development of other than by right very large single-family homes. He said the Committee worked hard to achieve a balance on what was best for the town and maximize what a builder could do. Mr. Perry said that having a payment in lieu of $500 would disincentivize the bylaw, and would lead to more large homes being built because they just won’t do these smaller SRD projects He recommends changing it to about half of the current amount. Janet Kern, 72 Lowell Street, said she asked the question at Town Meeting about what the cost would entail and what would be included. She believes Mr. Hornig’s response at Town Meeting was that it would include land cost and included everything. Ms. Kern urged the Board to keep the $500 per square foot. Cindy Arens, 7 Kitson Park Drive, Ms. Arens felt that the payment-in-lieu should be designed to have the housing built and should not be lowered because she thinks the amount should be high enough so that the inclusionary unit is constructed in the project. Lin Jensen, 133 Reed Street, wanted the Board to consider Site Sensitive Developments in the calculation of the amount. Board Discussion Mr. Peters said that he thought reviewing the amount for the payment in lieu on a regular basis was important to factor inflation into arriving at construction costs. Mr. Schanbacher said that he found a little over $300 to be a more reasonable amount to include all costs associated with construction and added that he wanted to think about this further. Mr. Creech and Mr. Peters agreed with Mr. Schanbacher that the topic needs more discussion. Mr. Schanbacher moved to continue the public hearing to amend the Board's Zoning Regulations Chapter 176 of the Code of Lexington until 6:00 pm on Wednesday, September 27 at 6:00 pm over Zoom. Lexington Planning Board Meeting Minutes September 13, 2023 Page 5 of 8 Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Creech – yes; Peters – yes; Schanbacher – yes; Hornig- yes; Thompson – yes). MOTION PASSED Amendments to Stormwater Management Regulations Chapter 181, Art. VI of the Code of Lexington Ms. McCabe reminded the Board about the public hearing that was scheduled with the Select Board to get their approval for the amendments to Stormwater Management Regulations on September 18th. Ms. McCabe added that the recommendation was to amend the Select Board’s Stormwater Regulations so that projects that require Site Plan Review and disturbing more than 10,000 square feet of land area would have to submit a stormwater report, drainage calculations and the drainage review as part of the site plan review. Ms. McCabe shared the presentation on Stormwater Management Regulations and briefed the Board about the current regulations. Ms. McCabe went over the proposed amendments in detail and explained the need for the change. Mr. Hornig said that he thought the threshold should be the same for all projects regardless of whether they require a site plan review or not. Mr. Leon felt that with the recent increase in intensity of storms, a stormwater permitting system is the only way to control and minimize the impacts on our public infrastructure. Mr. Creech, Mr. Schanbacher, Mr. Peters and Ms. Thompson agreed with Mr. Leon. Mr. Schanbacher moved that the Board recommended approval of the amended Stormwater Regulations to the Select Board as reviewed this evening. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 4-1-0 (Roll call: Creech – yes; Peters – yes; Schanbacher – yes; Hornig- No; Thompson – yes). MOTION PASSED Amend Transportation Management Overlay District Plan (TMOD) for TMO-1 (Hartwell Avenue) Area – Continued Public Meeting Ms. Page gave a brief overview about TMOD for TMO-1 and explained why the initial plan which was adopted in 2010 had to be updated. Ms. Page reminded the Board about their discussions in the previous meetings to amend TMOD for TMO-1 and stated that the Board needed to make decisions on infrastructure. Ms. Page said that the plan gave details on how to implement the overlay districts and outlined how the funds from the mitigation fees should be spent. Ms. Page shared the presentation on infrastructure improvements required to address the impacts from developments in the district and encourage non-driving trips, and went over the revisions that were since made based on discussions with the Engineering staff. Lexington Planning Board Meeting Minutes September 13, 2023 Page 6 of 8 Mr. Schanbacher moved to vote to adopt the TMO-1 District Plan dated September 9. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Creech – yes; Peters – yes; Schanbacher – yes; Hornig- yes; Thompson – yes). MOTION PASSED. Traffic Improvements using TMO-1 Mitigation Funds Ms. Page shared that the Transportation Management Overlay District (TMOD) Stabilization Fund had a balance of $358,737.22 and further contribution of $738,191.25 was expected when 440 Bedford Street will be completed in 18 months. Ms. Page also shared a table showing potential near-term projects to use the mitigation fees and gave details of projects that were already funded from the TMOD Stabilization Fund. Ms. Page explained the timing and estimate for each project in detail. Mr. Creech felt that all the projects were worthwhile and preferred the traffic circle for Eldred Street. Mr. Peters also agreed that all the projects were good candidates and traffic calming measures on Eldred St would be a priority for him, followed by Wood Street and Hartwell Avenue. Mr. Peters opened the discussion up to public comments. Public Comments Doris Wang, 12 Drummer Boy Way, said that the residents of Eldred Street are very concerned about speeding and since it is also very dense, it should be given priority. Mr. Creech, Mr. Schanbacher and Ms. Thompson felt that the Hartwell area near MIT Lincoln Labs and Wood Street Crossing and Eldred Streets would be their top priority for improvements. Review Zoom Meeting Format Ms. McCabe said that with the enhanced security features, and since the number of participants were around twenty and not too high, the meeting format was working well as far as the staff were concerned. As the Board Member who requested this agenda item was ill and not in a position to discuss in detail, it was decided to discuss the topic in a following meeting. Public Comments Pam Hoffman, 4 Rangeway Street, thanked the Board for switching to meeting format and suggested that large meetings should be made as hybrid meetings in person and on zoom. Review Draft Annual Planning Board Report Ms. McCabe asked the Board members to review the draft of the Planning Board’s annual report and let staff know if there were any edits to be made. Lexington Planning Board Meeting Minutes September 13, 2023 Page 7 of 8 Initial discussion on possible future zoning amendments Ms. McCabe informed the Board that the owner of the Inn at Hastings Park was working on submitting an amendment to amend their planned development zoning for the fall Town Meeting and they were proposing to increase their maximum seating capacity. Ms. McCabe also asked the Board to consider amending §9.3.3 of the Zoning bylaw, to enable the Chair to call the associate member to participate and vote on an application if one of the Board members was unable to participate. Ms. McCabe reminded that currently the bylaw provides this option only for special permits and that the amendment would allow for all applications. Mr. Schanbacher moved that the Board wished to reserve a warrant article for the fall Special Town Meeting to extend the role of the associate member. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Creech – yes; Peters – yes; Schanbacher – yes; Hornig- yes; Thompson – yes). MOTION PASSED. Ms. McCabe recommended the Board to begin working on zoning amendments specifically on: table of uses, definitions, sign by-law, calculation of gross floor area, in fall, to be ready for the Annual Town Meeting in spring. Board Member Updates Mr. Creech updated the Board about the meeting with the Minuteman Advisory Group on Inter-local Coordination (MAGIC), stated that the Metropolitan Area Planning Council participated in the meeting, discussed the presentation detailing the assistance they can offer to small businesses in various towns, and offered to share the presentation with other members. Mr. Creech said that the migrant family situation in the State and the steps taken to support them were also discussed in the meeting. Mr. Creech added that he also gave MAGIC updates on Lexington’s progress with regards to zoning for MBTA communities. Upcoming Meetings: Attend Select Board Meeting on September 18 Mr. Peters reminded the Board about the upcoming Select Board meeting scheduled for September 18 and encouraged Board member participation. Planning Board Meetings: September 27, October 11, October 25 Mr. Peters reminded the Board about the upcoming Planning Board meetings scheduled for September 27, October 11, and October 25. Ms. McCabe went over the anticipated agenda items for the meetings. Review of Meeting Minutes: Draft Minutes from August 30, 2023 Lexington Planning Board Meeting Minutes September 13, 2023 Page 8 of 8 Mr. Schanbacher moved that the Planning Board approve the Minutes of 08/30/2023 meeting as presented. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0- 0 (Roll call: Creech – yes; Peters – yes; Schanbacher – yes; Thompson – yes; Hornig – yes). MOTION PASSED Adjourn Mr. Schanbacher moved that the Planning Board adjourn the meeting of September 13, 2023. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Creech – yes; Peters – yes; Schanbacher – yes; Thompson – yes; Hornig – yes). MOTION PASSED Meeting adjourned at 8.22 p.m. Lex Media recorded the meeting. Material from the meeting can be found in the Planning Board’s Novus Packet. List of Documents 1. Amendment of the Planning Board’s Zoning Regulations Chapter 176 of the Code of Lexington: Staff Memo from Ms. McCabe-Payments-Lieu dated 09.08.2023, Lexington Stormwater Regulations draft dated 9.7.23, Section 10.2 Regulations Presentation revised dated 9.9.23, Richard Perry’s email to Planning Director reg Payments in lieu dated 9.12.23, Joyce Murphy’s email to Planning Director reg Payments in lieu dated 9.12.23, Jill Hai’s email to Planning Director reg Payments in lieu dated 9.12.23, Ricki Pappo’s email to Planning Director reg Payments in lieu dated 9.12.23 from Town Meeting Members. 2. Amendments to Stormwater Management Regulations Chapter 181, Art. VI of the Code of Lexington: Draft Lexington Stormwater Regulations dated 09.07.2023, Current Lexington Stormwater Regulations dated 6.6.2022, Select Board Memo for proposed amendments to Stormwater Management Regulations dated 9.12.23, Stormwater Management Regulations amendments PPT for Select Board Public Hearing on 9.18.23 3. Amendments to Transportation Management Overlay District Plan for TMO-1 (Hartwell Avenue) Area: Draft 10.2 TMO-1 Regulations dated 9.9.23, Whole Draft TMO-1 Plan dated 9.9.23, Extracted Section 5 Transportation Infrastructure Improvements dated 9.9.23. 4. Traffic Improvements using TMO-1 Mitigation Funds: Potential near-term project to be funded on Hartwell dated 9.12.23 5. Review Draft Annual Planning Board Report: Draft Annual Planning Board Report for FY23 6. Initial discussion on possible future zoning amendments: 2023-2024 Work Plan created April 27, 2023 and reviewed by the Planning Board on May 17, 2023. 7. Meeting summary memo from Ms. McCabe to Planning Board members, dated September 8, 2023 8. Draft meeting minutes for 8/30/23