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HomeMy WebLinkAbout2023-11-29-PB-min Lexington Planning Board Meeting Minutes November 29, 2023 Page 1 of 5 Minutes of the Lexington Planning Board Held on Wednesday November 29, 2023, Virtual Meeting at 6:00 pm Planning Board members present: Robert Peters, Chair; Michael Schanbacher, Vice-Chair; Melanie Thompson, Clerk; Robert Creech, and Charles Hornig. Also present were: Abby McCabe, Planning Director; Julie Krakauer Moore, Zoning Administrator; 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, November 29, 2023, at 6:00 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 Zoning Amendment Work Session for Town Meeting The Board began discussing amendments to §5.2 (Signs), §6.10 (Short Term Rentals), §10.0 (Definitions), §3.4 (Permitted Uses), and §4.0 (Dimensional Controls) of the Zoning Bylaw and technical corrections to various sections to correct any errors that may be discovered, in preparation for the Annual Town Meeting 2024. Ms. McCabe summarized the timeline to Town Meeting, the public hearings that have to be held, and suggested the Board review and discuss the first draft of zoning amendment articles that they would like to present to Town Meeting. Town meeting will begin on March 18. The Board discussed the proposed amendments to §5.2, the signage section of the Zoning Bylaw. Ms. McCabe explained that the Town receives a lot of requests for signage relief requesting more signage than what is currently permitted. Ms. McCabe added that staff also recommended that the review process be streamlined based on the approving authority. Ms. McCabe shared pictures of signs across the Town and explained the need for the amendment. Ms. McCabe also shared the draft changes to the Zoning Bylaw and the Board reviewed and discussed the recommended changes. Mr. Creech said that it is important to preserve the ambience, aesthetic, and the character of the Town, specifically in Lexington Center. The Board discussed and agreed that the purpose of the bylaw should be consistent with the constitutional requirements and visual impacts are important. Lexington Planning Board Meeting Minutes November 29, 2023 Page 2 of 5 Ms. McCabe cited the recent case law related to a major Supreme Court case, Reed vs Town of Gilbert, which stated that the Town’s regulations cannot regulate the content of signs. Ms. McCabe said that it was important to have a strong, clear purpose, to eliminate ambiguities if the Town was challenged in future during an appeals process. Mr. Peters noted that §5.2.8 spells out the districts and the desirable distinctions in various districts around Town. Ms. McCabe went over the exemption section and explained them in detail. Mr. Hornig thought that the provisions for size and location should be clear to avoid any ambiguity. Mr. Hornig also suggested adding signs directing traffic flow. The Board discussed the provisions relating to exemptions and prohibited signs and made changes to the draft. Ms. Krakauer explained about temporary signs and sandwich signs, stated that they can get very cluttered, and added that the Building Commissioner is very much against sandwich board signs. Jerry Michelson, Chair of Lexington Center Committee, said that the Lexington Center Committee had discussions on the sandwich board signs in the past, said that these signs have a purpose, but would like to see consistent regulations for these signs. Mr. Hornig said that the best way to address the issue is to have a section exclusively for temporary signs. The Board then discussed the proposed amendments to signs in commercial and mixed- use districts. Mr. Hornig suggested changes to have the regulations listed separately as signs for residential uses and for commercial uses. Mr. Schanbacher reiterated Mr. Hornig’s view and said that the regulations for signs need to be carefully evaluated. Ms. McCabe said that she will make the suggested revisions, explained the revisions for the provisions for wall and awning signs, and the Board discussed the proposed changes. Mr. Michelson asked that the terms and definitions of wall and awning signs be stated in a clear and concise manner to help businesses understand better. Ms. McCabe said that definitions have been added to the amendments for better comprehension. The Board discussed and decided to revisit the wall and awning signs sections. The Board then discussed the suggested amendments to the sections on projecting signs and standing signs and decided to revisit at a later date for further discussion. Mr. Hornig suggested making changes to the provisions relating to signs at gas stations. The Board decided to keep working on this to update without regulating the sign content. Ms. McCabe suggested allowing for temporary signs at construction sites to assist the public. Ms. McCabe went over the proposed amendments to §5.2.10 that allowed the Zoning Board to be the special granting authority and explained that if the project was in a Historic District, the Historic District Commission (HDC) would be the granting authority. Ms. McCabe added that if the project was in a non-historic district and required a major site plan review, the Planning Board would be the authority to grant relief, and when the Planning Board or HDC denied the approval, the appeals should be made to the Zoning Board of Lexington Planning Board Meeting Minutes November 29, 2023 Page 3 of 5 Appeals (ZBA). Ms. McCabe planned to discuss with the Town Council and make the amendments accordingly. The Board discussed the amendments and shared their opinions. Mr. Kelly said that the real mission was to make the signs bylaw more reasonable and to streamline the multiple layers of regulations since the present sign bylaw is somewhat complicated and can be improved to be clearer. Tina McBride, 45 Turning Mill Road, felt a 100 square feet sign would seem significant increase from the present 50 square feet. The Board then discussed §6.10, the Short-Term Rentals section of the Zoning bylaw, to make improvements in response to concerns and complaints related to the intensity of use. Ms. McCabe said that the major change was to only allow the renting of one bedroom or the whole dwelling unit. Ms. Krakauer Moore explained that the intention is to reduce the impact on neighbors. The Board discussed and unanimously agreed that there should be some guardrails to regulate Short-Term rentals. Tom Shiple, 18 Phinney Road, said the owner should be limited to one listing. Ms. Krakauer Moore said that it will be hard from an enforcement perspective. The Board recessed at 7:58 p.m. and reconvened at 8:03 p.m. Ms. McCabe asked the Board members to consider the next article which was to update the table of uses related to eating and drinking establishments. Ms. McCabe shared the table of uses to the Board and explained the way to interpret it. Ms. McCabe said that based on the feedback from business owners regarding their change in practices from the time the current zoning bylaw was framed, amendments are necessary. Ms. Krakauer Moore gave a brief overview of the research that she had done and the changes she envisioned. Ms. Krakauer Moore explained how the serving style in restaurants has changed to include take out options since the pandemic and amending the zoning bylaw to reflect changes like this would streamline the process. Ms. Krakauer Moore agreed with Mr. Hornig that the term restaurant has to be redefined to capture the new business model called fast casual. Mr. Michelson said that trying to understand the requirement for a special permit for takeout in certain zones as opposed to another, can give some valuable pointers. Mr. Hornig agreed with Mr. Michelson and felt that taking a closer look to determine the criteria for special permits would be a good place to start. The Board decided to revisit this article at a later date to discuss further. The Board then discussed the proposed amendments to §4.0 related to Dimensional Controls. Ms. McCabe reminded the Board about the citizen petition that was approved in Annual Town Meeting 2023, that reduced the Gross Floor Area (GFA) for residential properties. Last spring the Board was not ready to support the GFA reduction and wanted to explore more expansive changes that could help with massing and it was noted to consider removing porches and basements from the GFA calculation. Mr. Creech strongly felt that covered porches are a valuable addition to any neighborhood and felt that basements and covered porches should not be included in the GFA calculation. He said that covered porches would be a straightforward change whereas not counting basement space would be more complicated. Mr. Hornig supported Mr. Creech’s idea. Mr. Peters said that though he supported Mr. Creech’s idea, he would at present prioritize excluding the covered porches from GFA and deal with Lexington Planning Board Meeting Minutes November 29, 2023 Page 4 of 5 basements at a later date. Mr. Schanbacher agreed with Mr. Creech and added that basements have to be dealt with carefully. Mr. Shiple said basements should be excluded from the GFA calculations and GFA limits may have to be readjusted to control the massing of houses. Ms. McCabe reminded the Board that they have to be careful not to impact or negate the recent zoning changes that were adopted at Town Meeting. Ms. McCabe added that following up on the last article, the Select Board is looking to update their alcohol policies and staff met with the Town Counsel and complimentary warrant articles may come to Town Meeting. Mr. Hornig said that in terms of GFA, the discussion happened in Town Meeting that were parallel to Mr. Daggett’s proposal and hence Town Meeting will not be surprised if the Planning Board suggested a change, and that it can be a complement to Article 40. Board Administration Board Member Updates Mr. Creech updated the Board about the Community Preservation Committee’s (CPC) request for funding this year. Mr. Creech shared a spreadsheet detailing the requests for 2024 for various projects for Cary Library, Lincoln Park, Bowman School and various LexHab projects and for prefunding the Affordable Housing Trust (AHT). Mr. Hornig mentioned that the Housing Partnership Board is strongly in favor of the prefunding requests from AHT. Mr. Peters also commented that Housing has not gotten an equitable share of CPA funds in the past and that housing is an important priority for Town as well as historic preservation and open space. Review of Meeting Minutes: 11/7 and 11/8 2023 Mr. Schanbacher moved that the Planning Board approve the draft Minutes of the meetings held on 11/7/23 and 11/8/23 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 Upcoming Meetings: 12/13/2023, 1/10/2024, 1/24/2024, 2/7/2024 Mr. Peters reminded the Board about the upcoming meetings scheduled for December 13, January 10, January 24, and February 7. Mr. Peters reminded the Board that, at the February 7th meeting, the Board is expected to open the public hearing for the proposed amendments for Town Meeting. The Board discussed and decided to have a hybrid meeting on December 13th at 7 p.m. to meet in person at the Select Board Meeting Room in the Town Office Building and also have the Zoom option. Lexington Planning Board Meeting Minutes November 29, 2023 Page 5 of 5 Adjourn Mr. Schanbacher moved that the Planning Board adjourn the meeting of November 29, 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 8.45 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. Zoning Amendment Work Session for Town Meeting: Staff memo on zoning amendment work session dated 11.24.23, Annual Town Meeting 2024 Zoning Amendment Article Request from staff dated 11.24.23, Sign Bylaw Amendments- draft dated 11.28.23, Short term rentals- draft dated 11.24.23, Staff draft ATM 2024-PB Zoning Article Requests dated 11.24.23, Sign bylaw section 5.2 draft dated 11.28.23.