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HomeMy WebLinkAbout2023-12-13-PB-min Lexington Planning Board Meeting Minutes December 13, 2023 Page 1 of 6 Minutes of the Lexington Planning Board Held on Wednesday December 13, 2023, Hybrid Meeting at 7:00 pm Select Board Meeting Room, Town Office Building, 1625 Mass Ave. Lexington 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; Carol Kowalski, Assistant Town Manager for Development; Julie Krakauer Moore, Zoning Administrator; Sandhya Iyer, Economic Development Director and Kiruthika Ramakrishnan, Planning Coordinator. Robert Peters, Chair of the Planning Board, called to order the meeting of the Lexington Planning Board on Wednesday, December 13, 2023, at 7:00 p.m. in the Select Board Meeting Room, Town Office Building, 1625 Massachusetts Avenue. 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. Materials for this meeting are available on the Town's Novus Packet dashboard. Development Administration 15-17 Fairland St. & 185 Lincoln St. – Minor Modification request to amend covenant and November 9, 2022 decision condition relative to performance guarantee Attorney John Farrington, represented the developer Barons Custom Homes. Mark Barons, the developer of Fairland Commons, was also present. Mr. Farrington requested a minor modification to an earlier minor modification for the development, to change the wording of the November 9, 2022 condition and the Covenant to allow the Covenant to remain in place until an occupancy permit is requested. Mr. Farrington explained that a condition of the November 2022 decision and the covenant required a performance guarantee be provided that include funds prior to issuance of the first building permit. Mr. Farrington added that the request is for amending the wording to say that prior to the release or occupancy of any lot or dwelling unit from the Covenant, the applicant shall submit a new performance guarantee that would be sufficient to cover any required improvements. This was not a subdivision on separate lots but was a special permit development with the dwellings on one lot. Ms. McCabe said that staff supports the request with the recommendation that the applicant return to the Planning Board at least 30 days prior to anticipated occupancy request, to change the form of the security from the Covenant to another form to provide sufficient funds to ensure remaining work and that 30 days would be needed for staff to do site visits and confirm the estimate. Applicant will need to prepare an estimate for the town/board to review and accept prior to any occupancy requests. Lexington Planning Board Meeting Minutes December 13, 2023 Page 2 of 6 Mr. Hornig said that he would support this change in this case but in general, for future, he wanted the Board to follow the regulations as to when the security changes prior to building so that funds are received and a covenant is released prior to buildings going up. Mr. Schanbacher moved to find the Applicant's request to modify the timing of the security and release of the covenant in relation to the building permit to be minor and not materially change the approved special residential balanced housing development. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED Mr. Schanbacher moved to approve the Applicant's request to modify the Covenant and condition 1 of the Board's November 9, 2022 Minor Modification approval to allow building permits to be issued while dwellings are under the covenant with new security for funds to be submitted to the Planning Board 30 days prior to anticipated occupancy of any dwelling. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED. Board Administration Zoning Amendment Work Session for Town Meeting The Board continued their discussion on 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. The Board also began their discussion on amendments to §7.5.12.1 Inclusionary Housing for Village & Multi-Family Overlay Districts. The Board started their discussion on §10.0 Definitions and Table 1, and in particular on section J related to Eating and Drinking Establishments. Ms. McCabe shared the suggested amendments to §10.0 Definitions and Table 1 and explained that the Town has been receiving requests for microbreweries and similar types of restaurants that do not fit into the current definition of restaurants in the Zoning Bylaw. Ms. McCabe shared Section J in the Table of Permitted uses and said the suggestion from staff is to add a new category called Microbrewery and to update the definitions for restaurants to incorporate fast food. Ms. McCabe said staff also had recommendations on where certain types of uses are to be allowed and in certain cases to be allowed by Special Permit. The Board members reviewed the changes suggested by staff and came up with their suggestions. Mr. Hornig said he is supportive of the changes to include fast food service under restaurants and also permitting the food uses in the CN, CS, and CLO districts. Mr. Hornig said that the Special Permit process has been a barrier against new businesses in Town and hence the requirements should be more relaxed to encourage more new businesses. The Board discussed the meaning of the proposed definition for Microbrewery. Ms. Krakauer Moore and Ms. Iyer offered clarifications to the Board members. Ms. Iyer shared the definitions from the Brewer’s Association and explained the necessity of microbreweries in addition to the currently allowed brew pubs. Lexington Planning Board Meeting Minutes December 13, 2023 Page 3 of 6 Mr. Hornig felt that the changes that were proposed to the definition of a restaurant will take care of the problems related to the waiter requirement and Mr. Hornig wanted to make changes to Section N – Manufacturing, Research and Development, Life Science, and Technology Uses, in particular to Section N.1.05 related to Brewery, Winery, Distillery, Cidery, to allow breweries in more districts. Ms. Kowalski asked the members to consider what impacts the Board is concerned about and to look at the districts to determine the scope and scale of a brewery. Ms. Thompson agreed with Mr. Creech and Ms. Kowalski and felt that clear definitions of microbrewery will help to make better decisions. Mr. Peters added that the Board members should give staff some pointers as to what districts will be appropriate to help them to come up with the proposed amendments. Mr. Creech felt that the Center Business District would be a good location and also felt Hartwell and Hayden Avenues to be good locations. Mr. Leon felt that only residential districts will not be suitable due to issues like hours of operation and traffic. Mr. Hornig said that Central Business (CB) and Retail Shopping (CRS) are ideal but he would allow in any district where restaurants are allowed. Mr. Peters agreed with Mr. Hornig that districts where restaurants are allowed could be good locations to start with. Public Comments A resident, Mr. Suresh, commented that the definitions for microbrewery and brewpubs were not clear and believes brewpubs are more similar to restaurants. Mr. Hornig wanted to write a broader warrant article to permit additional uses in commercial districts. Ms. McCabe shared the warrant article summary and the Board discussed and decided to make changes based on the feedback from members of the Lexington Center Committee and availability of time. Jerry Michelson, Chair of Lexington Center Committee, appreciated the Board’s efforts and said that will be helpful. The Board then discussed the proposed amendments to §4.0 related to Dimensional Controls, definition, calculation of gross floor area (GFA). Ms. McCabe shared the draft GFA zoning motion with the Board and reminded the Board about the Board being not willing, last spring, to support the GFA reduction and wanted to take a more comprehensive approach to explore more expansive changes that could help with massing and to consider removing porches and basements from the GFA calculation. Mr. Hornig wanted to know the reason as to why screened porches were not included in the definition. Ms. Krakauer Moore clarified that excluding porches from the GFA calculation would encourage developers to build houses with porches that would foster a sense of community among residents. Ms. Krakauer Moore added that, based on her experience, she has seen homeowners gradually turning an open porch into an enclosed living space and the term ‘open porch’ would restrict them from doing so. Mr. Schanbacher wanted to know if the term ‘open air’ would be a better way of dealing with the issue. Mr. Creech, Mr. Hornig and Mr. Peters felt that screened porches help people deal with mosquitoes and hence use the porches in summer and Mr. Hornig added that the definition of a porch in our zoning means open air. Mr. Leon said that, both from the aesthetic and social standpoint, porches have to be encouraged. Ms. Thompson agreed with Mr. Leon that porches make a huge aesthetic difference. Mr. Creech said that, for open porches in Compact Neighborhood Developments to be feasible, excluding GFA is very important. Lexington Planning Board Meeting Minutes December 13, 2023 Page 4 of 6 Public Comment Tom Shiple, 18 Phinney Road, agreed with Ms. Krakauer Moore that an open sided porch is the best way to address the issue. The Board members discussed and decided to pursue the definition of calculation of GFA and its definition related to porches for the Annual Town Meeting and discuss it at the Planning Board meeting to be held in January. The Board then began their discussion on amendments to §7.5.12.1 Inclusionary Housing for Village & Multi-Family Overlay Districts. Ms. McCabe shared the existing zoning bylaw related to inclusionary housing for village and multifamily overlay districts and the draft motion for amending it. Ms. McCabe shared the news that the zoning that was adopted at Town Meeting received an official compliance determination from the state to be compliant with the MBTA Communities Law. Ms. McCabe informed the Board that the State questioned the economic feasibility study and did not approve the 15% because they believed the study did not demonstrate 15% feasibility for small projects between 8-23 units and the required percentage for inclusionary housing. Ms. McCabe said that the same consultants were reengaged with the task to provide a supplemental update and to come up with a study for eight units. Ms. McCabe added that the Board may have to go back to Town Meeting to make necessary amendments and shared two options based on two trigger points. Mr. Peters supported option 2, the split approach that would require larger projects, if economically feasible at 15%, to go forward at 15% and the smaller projects at 10%. Mr. Leon suggested a graduat ed percentage in order to avoid evasion for edge case scenarios. It was unanimously agreed by the Board to move forward with the placeholder article and proceed based on the results from the consultant. The Board continued their discussion on amendments to §5.2 (Signs), §10.0 (Definitions). Ms. McCabe shared the draft amendments to the sign bylaw and explained the changes that were made to the draft based on the suggestions by the Board members during the previous Planning Board meeting. Ms. McCabe went over the revisions made to the purpose of the bylaw, general regulations, and prohibited signs. Ms. McCabe then explained the proposed amendments to residential signs and nonresidential signs. The Board members discussed the revisions and gave their suggestions and decided to discuss further in the Planning Board meeting to be held in January. Ms. Iyer informed the Board that businesses are struggling to get their signs done due to the current regulations and stressed the need for more signage to connect businesses to other parts of the town. Ms. McCabe explained the need to change from the present Special Permit process to the proposed Site Plan Review process for businesses seeking relief. The Board then discussed §6.10, the Short-Term Rentals section of the Zoning bylaw. Ms. McCabe informed the Board that the proposed changes were based on feedback received from neighbors to these short-term rentals. Ms. McCabe explained that the proposed change is to allow the renting of the whole dwelling unit or one listing instead of the current zoning that allowed renting of up to 3 bedrooms. Ms. McCabe said that it was proposed to set a limit on the maximum number of vehicles that can be parked on the property to not more than four vehicles on a lot and also to allow accessory apartments to be Lexington Planning Board Meeting Minutes December 13, 2023 Page 5 of 6 rented out. Ms. McCabe added that it was proposed that after a series of three violations, a prohibition for five years must be imposed. Public Comments John Sawicky 44 Grove Street, wanted the Board to restrict the number of renters that should be allowed for each bedroom, to implement a monitoring service for short-term rentals, and to make the application for short term rentals to go through the Special Permit process so that concerns of neighbors can be addressed. Mr. Schanbacher moved to recommend the Select Board place on the warrant for the 2024 Annual Town Meeting the six zoning amendment articles sponsored by the Planning Board as outlined in the draft warrant request prepared by staff and modified this evening. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED. Board Administration Board Member Updates Mr. Peters shared the news from the Lieutenant Governor that Salem and Lexington became compliant with the MBTA Communities Law. Upcoming Meetings: 1/10/2024, 1/24/2024, 2/7/2024 Mr. Peters reminded the Board about the upcoming meetings scheduled for January 10, January 24, February 7. Mr. Peters added that the Board can continue their discussion on the proposed amendments for the spring Town Meeting and the hearings for them are scheduled to begin on February 7. Ms. McCabe informed the Board that on January 10th, the Board will be reviewing the Site Plan Review application for the Inn at Hastings Park. Review of Meeting Minutes: 11/29/2023 Mr. Schanbacher moved that the Planning Board approve the draft minutes of the meeting held on 11/29/23 as presented. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED Adjourn Mr. Schanbacher moved that the Planning Board adjourn the meeting of December 13, 2023. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5 -0-0. MOTION PASSED Meeting adjourned at 9.24 p.m. Lex Media recorded the meeting. Material from the meeting can be found in the Planning Board’s Novus Packet. Lexington Planning Board Meeting Minutes December 13, 2023 Page 6 of 6 List of Documents 1. 15-17 Fairland St. & 185 Lincoln St: Request for Minor modification dated 12.06.2023, Planning Board decision dated 11.09.2022, Recorded Covenant dated 04.27.23, Revised draft Covenant dated 12.13.23 2. Zoning Amendment Work Session for Town Meeting: Draft Warrant Article Request Memo dated 12.12.23, Draft Zoning Articles summaries dated 12.12.23, Draft Sign Bylaw edits dated 12.12.23, Draft Amendments to Section 6.10 Short Term Rentals dated 12.12.23, Draft Amendments to Permitted Uses and Definitions dated 12.13.23, Draft GFA Zoning Article dated12.13.23, Draft Inclusionary Housing Article dated 12.13.23