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HomeMy WebLinkAbout2024-02-28-PB-min Lexington Planning Board Meeting Minutes February 28, 2024 Page 1 of 9 Minutes of the Lexington Planning Board Held on Wednesday February 28, 2024, 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; Meghan McNamara, Planner; Sandhya Iyer, Economic Development Director; Carol Kowalski, Assistant Town Manager for Development; Jim Kelly, Building Commissioner; Kiruthika Ramakrishnan, Planning Coordinator. Robert Peters, Chair of the Planning Board, called to order the meeting of the Lexington Planning Board on Wednesday, February 28, 2024, at 6:00 p.m. For this meeting, the Planning Board is convening by video conference via Zoom. Lex Media 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. Development Administration Willard Circle (FKA 36, 42, 48 Cary Ave. Subdivision) Request to release performance guarantee Ms. McCabe gave a brief overview of the application under consideration and explained that Willard Circle was created by the Definitive Subdivision approval of 36, 42, & 48 Cary Ave. in 2015 creating six new lots on the new cul-de-sac. Now that the subdivision is complete, Engineering and Planning staff reviewed the final as-built plans and inspected the work in the field and found everything to be complete. The Applicant is requesting that the performance guarantee funds be returned in full. Staff recommends a full release of funds since all work has now been completed in compliance with the Planning Board's 2015 Definitive Subdivision approval. The applicant, Mr. Todd Cataldo of Sheldon Corp., was present. Mr. Schanbacher moved to find the project complete in accordance with the approved plans and the Board's 2015 approval and release the performance guarantee in full for $65,315.00. 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 Town Meeting - Zoning Amendments Continued Public Hearing: Article 47 – Amend Zoning Bylaw — Signs Mr. Peters re-opened the public hearing on Zoning Bylaw amendment Article 47. Ms. McCabe shared the updated draft motion, reminded the Board about the details that were presented to the Board on Lexington Planning Board Meeting Minutes February 28, 2024 Page 2 of 9 February 7th 2024, and went over all the changes made, including those for residential signs and standing signs for commercial uses. Ms. McCabe also described the meeting with the Select Board on 2.26.24, at which she and Mr. Schanbacher summarized the zoning amendments, went over the major changes, and answered the questions of the Select Board. Ms. McCabe added that the major changes were in the section pertaining to residential signs, to add a distinction between permanent signs and temporary signs, and limiting permanent signs to 30 square feet. The change in the Residential Signs section, § 5.2.6, was to add a distinction between permanent signs and temporary signs. Ms. McCabe added that temporary signs would be limited to four square feet in size and two in number. Ms. McCabe went over the updates to add an exemption for political and ideological signs in the Residential Signs section and to allow standing signs in all other commercial districts in smaller sizes with a setback from the road of 10 feet from the road’s pavement. Ms. McCabe reminded the Board about the letter from the ACLU asking to remove the timing limit in the general regulation section for Temporary Signs and the updates made to accommodate the request. Ms. McCabe added that the draft also had a reduction in the size of lettering for awning signs. Ms. McCabe shared pictures of existing signs around Town. Mr. Peters stated that the amendment was aimed at streamlining the signage process and to make it easier for the business community and added his concern about adding standing signs in all commercial districts. Mr. Hornig expressed his concern regarding the exemption for ideological signs, citing the Supreme Court decision that explicitly stated that ideological signs cannot be favored over other signs. Mr. Hornig also felt that there was no need for that provision as the bylaw currently permitted small temporary signs for an indefinite period of time. Ms. McCabe said that this will help with answering calls received from the public during election season and would make it clear and easy to understand. Mr. Leon felt that the purpose of the exemption is to be very clear about political and ideological signs, to emphasize that the content of the signs was not regulated, make it more flexible in terms of duration, and did not think that a broad scale exemption was appropriate. Mr. Peters wanted to know if the exemption for ideological and political signs would mean that the dimensions of signs would not be applicable, permitting a 4x8 political sign. Mr. Hornig said that that would be the case and there would be no rules at all. Mr. Peters said that regulating the dimensions of temporary signs has a lot of value and so he agreed with Mr. Hornig that the exemption on ideological and political signs should be removed. Mr. Creech, Ms. Thompson and Mr. Schanbacher agreed with Mr. Peters. Mr. Leon wanted to know the intent behind Mr. Hornig’s suggestion. Mr. Hornig explained that his suggestion was that ideological and political signs should not be exempt and that all signs should be subject to the existing size and setback requirements. Ms. Iyer informed the Board that the business community and the Economic Development Advisory Committee were in favor of the proposed changes and asked the Board to make the provisions regarding portable signs more specific. Lexington Planning Board Meeting Minutes February 28, 2024 Page 3 of 9 Chair Peters opened the hearing up to public comments and questions. Public Comments Jerry Michelson, Lexington Center Committee Chair, felt that, as long as there was an option to appear before the Board of Appeals, leaving awning signs at the proposed size would be appropriate and that the Board can revisit and reevaluate later as needed. Dawn McKenna, Precinct 6 Town Meeting Member, wanted to define a time period for temporary signs, had concerns about allowing Standing Signs in the CB rather than by special permit, wanted the Board to limit the number of Residential Signs, and require a 5 ft. setback for Residential Signs. Ms. McKenna felt that one year was a good time limit for a Residential Sign. Ms. McCabe clarified that, in response to concerns raised in this week’s Select Board meeting, the setback for Residential Signs was changed to 5 feet and a 10-foot setback was added for businesses with standing signs. Ms. McCabe added that the time limit for temporary signs was removed in response to the ACLU’s letter, but the Board can specify a number if the Board desires. Mr. Creech said that he would favor a one-year limit for Temporary Signs. Mr. Hornig suggested that Temporary Signs be allowed to be displayed for a period of less than one year. Mr. Peters also supported a time period of less than one year and Mr. Schanbacher agreed to it. It was suggested to be added to the temporary sign definition. Mr. Schanbacher moved to close the public hearing on Article 47. 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 Ms. McCabe shared the recommendation report of the Planning Board for Article 47 and said that she will make the edits to reflect the suggested changes based on the Board’s discussion tonight. Mr. Schanbacher moved to approve the Zoning Amendment Motion language for Article 47 as revised this evening. 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 Mr. Schanbacher moved to approve the draft recommendation report as prepared by staff, including any changes made this evening and allow the chair to sign the report. 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 Town Meeting Recommendation Reports: Lexington Planning Board Meeting Minutes February 28, 2024 Page 4 of 9 The Chair, Mr. Peters, recused himself from the discussion due to a potential conflict of interest as the addresses under discussion are in his neighborhood and left the meeting as a zoom panelist. Mr. Schanbacher chaired the meeting in his absence. Article 53: Amend Zoning Map — 507 Bedford Street Ms. McCabe informed the Board that since the last meeting, the applicants for Article 53 and 54 have submitted a request seeking indefinite postponement. Ms. McCabe shared the draft recommendation report of the Planning Board for Article 53. Mr. Hornig informed the Board that, in their recent meeting, the Select Board had indicated that the current motion was to refer Article 53 to the Planning Board, whereas the Planning Board in their previous meeting had recommended that it not be referred to the Planning Board and be disapproved. Mr. Hornig wanted the Board’s opinion. Mr. Creech wanted to stick to the intent from the previous meeting to recommend disapproval of Article 53. Ms. Thompson and Mr. Schanbacher agreed with Mr. Creech. Ms. McCabe added that she had communicated with the Select Board staff and clarified the Planning Board’s intent, but the Moderator had offered a referral to the applicant so that a negative determination could be avoided. Public Comment Tom Shiple, 18 Phinney Road, had a comment on the way the recommendation report was worded. Ms. Thompson moved to approve the draft recommendation report for Article 53 as prepared by staff, including any changes made this evening and allow the chair to sign the report. Mr. Creech seconded the motion. The Planning Board voted in favor of the motion 3-1-0 (Roll call: Creech – yes; Schanbacher – yes; Thompson – yes; Hornig – no). MOTION PASSED Article 54: Amend Zoning Map — 509 Bedford Street The Board briefly discussed Article 54 and decided to follow the same approach as Article 53. Ms. Thompson moved to approve the draft recommendation report for Article 54 as prepared by staff, including any changes made this evening and allow the chair to sign the report. Mr. Creech seconded the motion. The Planning Board voted in favor of the motion 3-1-0 (Roll call: Creech – yes; Schanbacher – yes; Thompson – yes; Hornig – no). MOTION PASSED Mr. Peters rejoined the Planning Board meeting. Deliberate and Recommendations for: Article 48: Amend Zoning Bylaw — Short-Term Rentals Lexington Planning Board Meeting Minutes February 28, 2024 Page 5 of 9 Ms. McCabe shared the most up to date zoning motion amendment and went over the revisions since the last meeting. Ms. McCabe explained that the revision would only allow short-term rentals for Owner Adjacent properties with two dwelling units and added a prohibition of short- term rentals in multi-family developments (new §6.10.3 (2) iii). Ms. McCabe added that the purpose of the amendments was to limit properties being purchased as investment properties and rented out as short-term rentals, emphasizing that the housing created under the new multi-family developments should be part of the housing stock and used as residences. Mr. Hornig wanted the definitions to be reworded for clarity and explained the necessity for rewording. Mr. Hornig was of the view that multi-family developments should be permitted to be used as short-term rentals and felt that the amendment would arbitrarily prevent some people from renting out a bedroom on a short-term basis. Ms. Kowalski stated that short term rentals were contributing to the affordability and availability crisis of housing and regulating them is very crucial. Ms. Kowalski felt that regulating short-term rentals is important for the Town’s affordable housing objectives and trying to underestimate the housing crisis is a mistake. Mr. Hornig said that operator-occupied short- term rentals would not affect the housing stock. The Board discussed the provisions pertaining to short-term rentals. Mr. Creech also felt that investors always use Lexington as an investment opportunity and take a lot of houses out of the market and so wanted to keep Ms. McCabe’s suggested amendments. Mr. Leon agreed with Ms. Kowalski’s perspective and said that operator-adjacent short- term rentals could lead to an adverse effect individually and cumulatively on the market. Mr. Peters agreed with Mr. Leon’s views. As an alternative, Mr. Hornig suggested making changes to §6.13.2 to indicate that whole dwelling units cannot be rented out in multi-family developments but individual bedrooms could be rented out as short- term rentals. Mr. Schanbacher agreed to Mr. Hornig’s suggestion. Mr. Leon stated that the enforcement challenges are greater in a multi-family situation. Ms. Kowalski agreed with Mr. Leon that it was very difficult to enforce the abuses that occur in multi-family buildings. Ms. McCabe was also inclined to leave the reference to bedroom rental of multifamily housing out of the provisions as it was hard to enforce and there were safety concerns involved too. The Board members discussed the provisions and Mr. Peters said he favored removing operator-adjacent short-term rentals but was concerned about the number of existing permitted uses that were utilizing the provisions. Mr. Peters also felt that the provisions related to multi-family developments can be clarified and asked the Board members if they had any other suggestions. Mr. Schanbacher said that he favored removing operator-adjacent short-term rental too and added that after hearing other Board member’s views he did not favor short term rental of individual bedrooms in multi-family housing. Mr. Hornig felt that this was a significant change, it is important to have public input before making any major changes, and the public hearing would have to be reopened. Mr. Peters and Ms. Thompson agreed with Mr. Hornig. Ms. Thompson also felt that more clear and concise language will help with her decision making. Lexington Planning Board Meeting Minutes February 28, 2024 Page 6 of 9 Based on the Board members views, Mr. Peters suggested that the provisions pertaining to Operator- adjacent short-term rentals stay as is and be reviewed at a later date by the Board. The Board decided to move forward with the recommendation and approve the report based on the changes suggested by Board members. Mr. Schanbacher moved to approve the Zoning Amendment Motion language for Article 48 as revised this evening and to allow the chair to work with staff to make final wording changes. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 4-0-1 (Roll call: Creech – yes; Peters – yes; Schanbacher – yes; Thompson – abstained; Hornig – yes). MOTION PASSED Ms. McCabe shared the Recommendation Report of the Planning Board on Article 48. Mr. Schanbacher moved to approve the draft recommendation report for Article 48 as prepared by staff including any changes made this evening and allow the chair to sign the report. 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 The Board recessed at 7:55 p.m. and reconvened at 8:00 p.m. Article 49: Amend Zoning Bylaw — Permitted Uses and Development Standards: Ms. McCabe shared the most up to date zoning motion amendment. Ms. McCabe added that the only change in the motion since February 7 was removal of the word "prepared" from the proposed definition of a restaurant and shared the feedback from the Select Board members during the meeting with them. Ms. McCabe said that the Select Board members had questions on existing businesses and also regarding allowing private postal service and reminded the Board that the request for private postal service was from the Lexington Center Committee. Mr. Schanbacher moved to approve the Zoning Amendment Motion language for Article 49. 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 Ms. McCabe shared the Recommendation Report of the Planning Board on Article 49. Mr. Schanbacher moved to approve the draft recommendation report for Article 49 as prepared by staff and allow the chair to sign the report. 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 Article 50: Amend Zoning Bylaw — Inclusionary Housing for Village and Multi-Family Overlay Districts Ms. McCabe informed the Board that there were no changes in the draft motion since the last meeting and shared the comments from the Select Board that at least one Select Board member expressed their disappointment that more affordability requirements could not be imposed. Ms. McCabe said that the Lexington Planning Board Meeting Minutes February 28, 2024 Page 7 of 9 affordability requirement is based on the feasibility report from the consultant stating that 15% affordability starting at 14 units is the maximum that can be required and reminded the Board about the supplemental study that was submitted and under review by the State. Mr. Peters agreed that a tiered approach to affordability levels is a good approach. Mr. Schanbacher moved to approve the Zoning Amendment Motion language for Article 50. 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 Ms. McCabe shared the Recommendation Report of the Planning Board on Article 50 Mr. Schanbacher moved to approve the draft recommendation report for Article 50 as prepared by staff and allow the chair to sign the report. 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 Article 51: Amend Zoning Bylaw — Maximum Height for Village Overlay District Ms. McCabe informed the Board that there were no changes in the draft motion since the last meeting, added that this amendment would clarify and strengthen the Zoning Bylaw for the overlay districts, remove any ambiguity, and be consistent with the Town’s intent to create more street level activity and support businesses. Mr. Schanbacher moved to approve the Zoning Amendment Motion language for Article 51. 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 Ms. McCabe shared the Recommendation Report of the Planning Board on Article 51 Mr. Schanbacher moved to approve the draft recommendation report for Article 50 as prepared by staff and allow the chair to sign the report. 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 Article 52: Amend Zoning Bylaw and Map — Technical Corrections Ms. McCabe informed the Board that there were no changes in the draft motion since the last meeting and added that this amendment was necessary to change a State department’s name. Mr. Schanbacher moved to approve the Zoning Amendment Motion language for Article 52. 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 Ms. McCabe shared the Recommendation Report of the Planning Board on Article 52 Lexington Planning Board Meeting Minutes February 28, 2024 Page 8 of 9 Mr. Schanbacher moved to approve the draft recommendation report for Article 52 as prepared by staff and allow the chair to sign the report. 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 Board Administration Board Member Updates Mr. Creech updated the Board about the meeting of Minuteman Advisory Group on Interlocal Communication (MAGIC). Mr. Creech said MAGIC presented their proposed changes on their key legislative provisions related to pandemic area changes, procurement changes and local option taxes. Review of Meeting Minutes: 2/7/24 Mr. Schanbacher moved that the Planning Board approve the draft Minutes of the meeting held on 02.07.24 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 Meeting 03/13/2024 Mr. Peters reminded the Board about the upcoming meeting scheduled for March 13th and went over the proposed agenda items. Adjourn Mr. Schanbacher moved that the Planning Board adjourn the meeting of February 28, 2024. 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 8:26 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. Willard Circle (FKA 36, 42, 48 Cary Ave. Subdivision) Request to release performance guarantee: Certificate of Action dated 02.11.2015, Final Plans dated 02.04.2015, Willard Circle surety release request letter revised dated 02.07.24, Staff memo dated 02.22.24. 2. Town Meeting - Zoning Amendment: Zoning Amendment Summary dated 02.23.24, Draft Signs Motion dated 02.26.24, Presentation on Signs, Recommendation report of the Planning Board on Article 47 – Amend Zoning Bylaw-Signs 3. Town Meeting Recommendation Reports: Lexington Planning Board Meeting Minutes February 28, 2024 Page 9 of 9 Article 53: Recommendation report of the Planning Board on Article 53 – Amend Zoning Map- Inclusion of 507 Bedford St in the MFO District, Article 53 Motion dated 02.02.24, Land Owner Petitions – presentation dated 02.07.24 Article 54: Article 54 Motion dated 02.02.24, Land Owner Petitions – presentation dated 02.07.24, Article 54 Motion dated 02.02.24, Recommendation report of the Planning Board on Article 54 – Amend Zoning Map-Inclusion of 509 Bedford St in the MFO District 4. Deliberate and Recommendations for: Article 48: Short-Term Rentals: Article 48 Motion dated 02.15.24, Recommendation Report of the Lexington Planning Board Article 48: Amend Zoning Bylaw-Short Term Rentals, Zoning Amendment Summary dated 02.23.2024, Article 48 Short Term Rentals presentation. Article 49: Permitted Uses and Development Standards: Summary of Zoning Amendment Articles for Annual Town Meeting, Article 49 Zoning Motion, Article 49 Presentation. Recommendation Report of the Lexington Planning Board Article 49: Permitted Uses and Development Standards. Article 50: Inclusionary Housing for Village & Multi-Family Overlay Districts: Summary of Zoning Amendment Articles for Annual Town Meeting, Article 50 Zoning Motion, Article 50 Presentation. Recommendation Report of the Lexington Planning Board Article 50: Inclusionary Housing for Village and Multi-Family Overlay Districts Article 51: Max. Height for Village Overlay District: Summary of Zoning Amendment Articles for Annual Town Meeting, Article 51 Zoning Motion, Article 51 Presentation, Recommendation Report of the Lexington Planning Board Article 51: Maximum height for Village Overlay (VO) District. Article 52: Technical Corrections: Summary of Zoning Amendment Articles for Annual Town Meeting, Article 52 Zoning Motion, Article 52 Presentation, Recommendation Report of the Lexington Planning Board Article 52: Technical Corrections. 5. Letter to Lexington Planning Board from American Civil Liberties Union Foundation Massachusetts. Dated 02.26.24