HomeMy WebLinkAbout2025-02-03-STM-min
February 3, 2025 Special Town Meeting
Moderator Deborah Brown called the 2025-1 Special Town Meeting to order at 7:30 p.m., held in the
Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue, and by
means of remote participation.
Town Clerk, Mary de Alderete, read the Warrant for the Special Town Meeting until waived. The
Town Clerk read the Consta
Moderator Deborah Brown welcomed all participants and gave an overview of the voting portal and
parliamentary procedures. She asked that the Members attending remotely register their attendance.
39 in person. A quorum in excess of 100 members was present (176).
7:33 p.m. Doug Lucente, Select Board Chair, offered a statement on behalf of the Select Board.
Madam Moderator, tonight, we are convening Special Town Meeting 2025-1 in response
to a valid citizen petition received on December 23, 2024. Under Massachusetts law, the
Select Board is required to call a Special Town Meeting within 45 days, which brings us
here this evening. The petition before us seeks to amend Section 7.5 of the Zoning Bylaw
to limit or prohibit construction of multi-family housing in the current Village and Multi-
Family Overlay districts by removing some areas from the districts and limiting the
number of dwelling units permitted in the remaining areas to 15 dwelling units per acre
and to allow time for fu
zoning. However, because this is a zoning matter, additional legal requirements must be
met before Town Meeting can act, including a Planning Board public hearing and
report. To comply with those requirements, tonight, we will take no action other than
adjourning this meeting to Monday, March 17, 2025. This ensures the necessary
Planning Board process can take place and that Town Meeting has the information
required to make an informed decision. We recognize that this issue is of great concern
to many in the community, and we want to assure you that the Select Board is taking
these concerns seriously. The developments being proposed under the MBTA zoning law
present challenges for Lexington particularly in terms of municipal services, school
capacity, and infrastructure. The upcoming discussion in March will be critical in
determining how we move forward in a way that balances state requirements with
-term needs. We encourage all Town Meeting Members and residents to
stay engaged in the process. The Planning Board will hold its virtual public hearing in
accordance with the provisions of M.G.L. Chapter 40A §5 on Wednesday, February 12,
2025, and a second night on Wednesday, February 26, to consider the proposed
amendments, and we urge you to provide input there as well. Thank you all for your time
tonight.
The Moderator opened the Portal to take attendance and noted that a quorum had been
reached.
7:36 p.m. The Moderator asked for a Motion to Adjourn.
Mr. Friedlich, raised a Point of Personal Privilege to ask for a moment after
adjournment to speak about a particular Member. He then recognized Janet Perry for
her 40 years of service.
Doug Lucente, Select Board Chair, Motioned to Adjourn the Special Town Meeting to 7:30 p.m. on
Wednesday, March 17, 2025, such meeting to be held at the Margery Milne Battin Hall, Cary
Memorial Building, 1605 Massachusetts Avenue and by means of remote participation. The
Moderator declared that the Motion was adopted by unanimous voice vote and the Meeting adjourned.
February 3, 2025 Special Town Meeting #1, continued
March 17, 2025 Adjourned Session of the 2025-1 Special Town Meeting
Moderator Deborah Brown called the second session of 2025-1 Special Town Meeting to order at
7:30 p.m. on Monday, March 17, 2025, at the Margery Milne Battin Hall in the Cary Memorial
Building, 1605 Massachusetts Avenue and by means of remote participation, a quorum in excess of
100 members was present (144).
The Moderator noted how members of the public could participate in the Meeting and gave general
instructions on tablet use and reminders for those using the remote portal. The Moderator then gave
an overview of parliamentary procedure for the evening and asked Members to login and register
their attendance.
7:37 p.m. The Moderator asked for a Motion to approve the use of remote and hybrid
technology. Mr. Lucente, Select Board Chair, moved the use of remote and hybrid
technology. As there were no objections the motion carries unanimously. 7:38 p.m.
The Moderator opened the Meeting under Article 1.
c. Reports of the Appropriation Committee
MOTION: Mr. Parker moves that the reports of the Appropriation Committee be received and
placed on file. As there were no objections the motion carries unanimously.
g. Reports of the Planning Board
MOTION: Mr. Schanbacher moves that the reports of the Planning Board be received and placed
on file. As there were no objections the motion carries unanimously.
7:39 p.m. The Moderator opened the Meeting on Article 2.
ARTICLE 2: AMEND SECTION 7.5 OF THE ZONING BYLAW TO REDUCE MULTI-
FAMILY DWELLING UNIT CAPACITY (Citizen Petition)
MOTION
Ms. Sacerdote moves that the Zoning Bylaw, Chapter 135 of the Code of the Town of
Lexington, and Zoning Map be amended as follows, where struck through text is to be removed
and underlined text is to be added, and further that non-substantive changes to the numbering
of this bylaw be permitted to comply with the numbering format of the Code of the Town of
Lexington:
A. Amend §135-2.2.5 to add a new row:
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B. Amend the Zoning Map to delete the following areas shown on maps on file with the Town
Clerk from the VO District:
1. Bedford Street/Bike Path, except move the following properties from the VO
District to the VLO District:
a. Map 71 Lot 33 located at 231 Bedford Street
2. Bedford Street/Reed Street, except move the following properties from the VO
District to the VLO District:
a. Map 64 Lots 72 and 73A located at 185, 187-189 Bedford Street
3. Concord Avenue/Waltham Street, except move the following properties from the VO
District to the VLO District:
a. Map 10 Lots 58A and 59A located at 5-7 Piper Road
b. Map 9 Lot 11B and Map 10 Lots 31A, 31B, and 31C located at 331 Concord Avenue
C. Amend the Zoning Map to delete the following areas shown on maps on file with the Town
Clerk from the MFO District:
1. Bedford Street North
2. Lexington Center
February 3, 2025 Special Town Meeting #1, continued
D. Amend the Zoning Map to delete the following areas shown on maps on file with the Town
Clerk from the VHO District:
1. Hartwell Avenue/Westview Street except for the following properties:
a. Map 84 Lot 80A located at 17 Hartwell Avenue
b. Map 84 lot 81 located at 7 Hartwell Avenue
2. Maguire Road
3. Hartwell Avenue/Wood Street
E. Amend the Zoning Map to remove the following properties from the VO District:
1. Map 57 Lot 79 at 60 Bedford Street
2. Map 57 Lot 14F at 32 Bedford Street
3. Map 57 Lot 14A at 46 Bedford Street
F. Amend the Zoning Map to move the following properties from the VO District to the VLO
District:
1. Map 64 Lot 161 located at 89-93 Bedford Street
2. Map 57 Lot 133A, 134, and 135 located at 3-5 Militia Drive
3. Map 13 Lots 372, 373, 374, 375 located at 217-219, 229, 233, & 241 Massachusetts Avenue
G. Amend §135-7.5.1 as follows:
7.5.1 Purpose. The purposes of the Village Overlay (VO, MFO, and VHO) Districts are:
H. Amend §135-7.5.4.4 as follows:
4. Developments in the VO or VLO district may contain nonresidential uses on the street
floor and basement to the extent permitted in either the CRS or CB zoning district, except
that:
I. Amend §135-7.5.5.9 as follows:
9. In the VLO District or the VHO District, the site coverage is not restricted. In other
districts, the total site coverage of buildings and area of required residential vehicle
parking spaces not within buildings shall not exceed 28% of the lot area of the
development.
J. Amend §135-7.5.5.10 as follows:
10. Except as noted below, the maximum height in feet of buildings is:
District MFO VLO VO VHO
Height in feet 52 40 (a) 40 (b) 70 (c)
Height in stories 3 3 NR
a. VLO Height Bonus. In the VO VLO District, when the underlying zoning
district is a Commercial District, the maximum height is 60 feet when at least
30% of the gross floor area of the street floor level or footprint,
whichever is greater, of the entire development is occupied by commercial
principal uses, not including associated parking, shown in Table 1
§3.4 Permitted Uses and Development Standards as permitted in the underlying
district in the following categories:
i. Commercial Office Uses
ii. Personal, Business, or General Services Uses
iii. Sales or Rental of Goods and Equipment
iv. Eating and Drinking
v. Commercial, Recreational, Amusements, Entertainment,
b. VO Height Bonus. In the VO District, when the underlying district is a
Residential District, the maximum height is 52 50 feet and 4 stories when at least
30% 33% of the gross floor area of the street floor level or footprint,
whichever is greater, of the entire development is occupied by non-residential
nonresidential principal uses pursuant to §7.5.4.4 and no more than the greater of
20% or 20 feet of the street floor frontage on a public way is dedicated to
residential uses.
c. VHO Height Bonus. In the VHO District where at least 50% of the total net
February 3, 2025 Special Town Meeting #1, continued
floor area on the lot is occupied by nonresidential principal uses permitted in
the underlying district, the maximum height is 115 feet.
K. Replace §135-7.5.5.11 as follows:
11. The number of stories is not restricted.
Number of dwelling units. In the VO District, the number of dwelling units shall not
exceed the lot area of the development in acres multiplied by either 25 (for developments
entitled to a height bonus
under §7.5.5.10.b) or 20 (for developments not entitled to a height bonus under
§7.5.5.10.b), rounded to the nearest whole number, or 6 dwelling units, whichever is
greater.
12. Floor Area. In the VO District, the total net floor area of all dwelling units shall not
exceed the lot area of the development multiplied by 0.48 or 6,250 SF, whichever is
greater.
L. Amend §135-7.5.9.1 as follows:
1. Transition areas, as specified under §5.3.4 (Transition Areas), are required only along the
boundary of the Village Overlay Districts (VO, MFO, & VHO) and shall have a depth of
five (5) feet.
M. Amend §135-2.2.5 to remove the MFO row.
N. Remove §135-7.5.4.3.
O. The map changes and amendments above shall not apply to any development projects
for which an application for site plan review under §135-7.5.3 or special permit under
§135-5.1 was filed with the
Planning Board and Town Clerk before March 1, 2025, but shall apply to any major modification
thereof.
February 3, 2025 Special Town Meeting #1, continued
7:40 p.m. Ms. Sacerdote presented information on the Article.
7:49 p.m. Mr. Schanbacher, Chair of the Planning Board, stated the 5-0 recommendation of the
Planning Board for the Article. He noted that the Public Hearing regarding Article 2
had taken place on February 12th and then continued to February 26th, with both
meetings permitted public comments and input from a working group towards a
compromise motion.
Mr. Lucente, Select Board Chair, noted the unanimous recommendation of the Select
Board for the Article.
Mr. Parker stated the unanimous recommendation of the Appropriation Committee for
the Article.
Ms. Manz stated the Housing Partnership Board had voted 6-0-3 for recommendation
of the Article.
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Mr. Michelson said that at their March 12 meeting, the Center Committee had voted
6-1 to maintain the multi-family overlay district.
Ms. Tung, Chair of the Affordable Housing Trust, stated that the Affordable Housing
Trust had voted 5-0 in favor of the revised Motion, but noted that more, inclusionary,
affordable housing was needed.
8:04 p.m. Pam Hoffman, Pct. 7, took a moment to thank the proponents and members of the
Planning Board for their hard work and time on the Article. She asked Members to
vo
8:06 p.m. Jay Luker, Pct. 1, questioned a statement about the Town managing growth and asked
what the assumption was based on. Mr. Levine noted that as a proponent, and member
of the Appropriate Committee, the Appropriation Committee had done an analysis to
try and estimate what the impacts might be under the MBTA zoning and estimated a
few different things, but with data from the school department which tabulated the
current number of school children living in apartments and condos and tried to
estimate the number future students and then estimated associated costs. Mr. Luker
asked what had
noted that then on what the timing would be, completion
dates, etc. and that it was hard to make forecasted projections and if the students
arrived too quickly, they would not been prepared. The Moderator took a moment to
retest the microphones as Mr. Levine had not been heard over Zoom. All systems
checked ok. Ms. McKenna noted that fire department and police departments, during
budget meetings, had also noted concerns regarding staffing. Mr. Luker asked Mr.
Bartha when the infrastructure and services costs consultant survey would arrive and
whether it would look different. Mr. Bartha noted that it would be available at the next
Select Board meeting, where it would be shown for the first time.
8:15 p.m. Jeanne Canale, Pct. 9, and President of the South Lexington Civic Association, noted
that the South Lexington Civic Association had voted to recommend approval of the
Article.
8:16 p.m. Donna Hooper, 14 Lois Lane, spoke in support of the Article and noted that she
viewed it as prudent planning.
8:17 p.m. Laura Swain, Pct. 2, noted there had been some recent projects at 16 Clarke St., 20
Muzzey St., 1834-1840 Mass. Ave., 7-9 Muzzey St., and 11-13 Muzzey St., and
wanted to know how many units were proposed per project. Abby McCabe. Planning
Director, noted that those applications had been submitted as zoning freeze plans as
subdivision applications,
have proposed numbers and the applicants had 8 years to file a proposal. She noted
that as of the date of this meeting, they had 11 subdivisions submitted for zoning
freezes. Ms. McKenna said that Ms. Mead had run models on 16 Clarke and it had a
February 3, 2025 Special Town Meeting #1, continued
55-unit capacity and the other addresses were part of one project with 37-unit capacity.
She noted that this might not be the number built, but was the capacity.
8:20 p.m. Janet Moran, 19 Bedford St., noted she had been lived in Town for over 75 years, and
was shocked to see a 6-story build on Militia Drive. She stated that it was important
and necessary that shade trees and green spaces were considered and urged Town
8:23 p.m. Lauren Deems Black, Pct. 8, asked whether fire, police, or public works could discuss
the capacity for public services. Mr. Bartha noted that Fire and Police Chiefs were
requesting staffing prior to the MTCA projects coming and there had been a study
done regarding staffing support, and Fire and Police had worked with the consultant
regarding it. He noted that the report would come out in the following week. Mr.
Deems Black asked if there had also been a comprehensive study on traffic Mr.
Bartha stated at this time.
8:27 p.m. Wendy Manz, Pct. 4, noted that she wished to make an amendment and explained the
reasonings behind it. The Moderator explained how the amendment would work and
noted that debate would be limited to 30 minutes unless the Meeting voted to extend it,
and that all comments would be limited to 3 minutes each.
8:28 p.m. Mr. Kaufman raised a Point of Order that the Motion had not been moved. The
Moderator thanked him and asked Ms. Manz to move the Motion.
8:28 p.m. Ms. Manz moves to amend the main motion under Article 2 as follows and presented
information on the amendment:
Remove part C.2.
1. In part I replace the text of §135-7.5.5.9 as follows:
9. In the VO District, the total site coverage of buildings and area of required residential vehicle
parking spaces not within buildings shall not exceed 28% of the lot area of the development.
In other districts, the site coverage is not restricted.
2. In part J, replace the table in §135-7.5.5.10 as follows:
District MFO VLO VO VHO
Height in feet 52 40 (a) 40 (b) 70 (c)
Height in stories 4 3 3 NR
3. Remove parts M and N.
8:35 p.m. Ms. McKenna, as proponent of the original motion, noted that the team of proponents
unanimously opposed the amendment.
Mr. Creech, Vice-Chair of the Planning Board, noted that the Board had met that
evening and voted 3-2 to disapprove the amendment.
Mr. Lucente, Chair of the Select Board, stated that the Select Board had voted that
evening 1 in favor, 1 opposed, and 3 waiting for the discussion on the amendment.
Mr. Parker stated a vote of the Appropriation Committee for 7-1 against approval of
the amendment.
Ms. Tung stated no official position had been taken by the Affordable Housing Trust
as it was filed after their last meeting.
Ms. Manz stated that the Housing Partnership Board had voted 6-1-1 for the
amendment.
Mr. Michelson stated that the Center Committee was in favor of the amendment.
8:43 p.m. Ms. Weiss raised a Point of Order, and asked for the minority report of the Planning Board,
and the one vote in favor of the Select Board. Mr. Schanbacher stated that he had wanted to
keep things in the Center, especially mixed-use. Mr. Hornig noted that he agreed with Mr.
February 3, 2025 Special Town Meeting #1, continued
Schanbacher, especially regarding mixed-use. Ms. Hai noted she had been the vote in favor
and that mixed-use development was the right thing for a vibrant downtown.
8:46 p.m. Jerry Levitan, Pct. 6, raised a Point of Order, stating that the Amendment was outside the
scope of the Motion. The Moderator noted that matters of scope had to do with the Article in
the Warrant and the motion to amend was within that scope
cover dimensional controls on the re-added district. The Moderator noted that she was ruling
that it was within scope.
8:47 p.m. Rod Cole, Pct. 9, asked if the amendment passed, then article 2 passed, there would be height
limit control but wanted to understand what other controls the Town had on center
construction, either through the Planning Board, Historic Districts Commission, etc.
Mr. Makarious said that would be within Historic Districts Commission control as well as
dimensional controls that were in the bylaw and noted that the Planning Board would continue
site plan reviews.
8:53 p.m. Tom Shiple, Pct. 9, noted that two reasons for denser housing that resonated with him were
economic development and climate action and that the Center was the best area for denser
housing due to the closeness of transportation.
8:54 p.m. Taylor Carroll Singh, Pct. 6, said that residents had been asking for scaling back the capacity
on housing units including residents in Precinct 6 and those that had signed the petition to call
the Special Town Meeting. She asked Members to vote no on the Amendment and yes on the
main motion.
8:57 p.m. Anne MacDonald Broun, 50 Hancock St, asked Members to vote against the Amendment and
noted that it was against the compromise deal voted by the Planning Board.
8:58 p.m. The Moderator stated that the time to discuss the Amendment had passed, but that it would be
appropriate, due to the number of people in line, for someone to make a motion to extend the
time for debate.
8:59 p.m. Mr. Michaelson, motioned to Extend Debate by 30 minutes. As there were no objections
the motion carries unanimously and debate continued.
9:00 p.m. Deborah Strod, Pct. 6, asked Counsel to explain the legal zoning context for the sequence of
the votes. Mr. Makarious explained that zoning articles, in general, required a 2/3 vote. He
noted that the MBTA Zoning Act allowed for certain provisions, including those that
encouraged more multi-family housing, among other things, to only require a majority vote.
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9:03 p.m. Kunal Botla, Pct. 4, Chair of Transportation Advisory Committee, said that at their March 17
meeting, they had voted 5-2 in support of the Amendment.
9:04 p.m. Lisa Newton, Pct. 8, noted that constituents in her precinct overwhelmingly asked for a vote of
no, and she agreed with them.
9:05 p.m. Members continued to discuss and debate the Amendment.
9:17 p.m. Jonathan Himmel, Pct. 6, noted that they had heard the minority view of center committee, and
asked for the minority view. Mr. Michelson said that the member who had been in the
minority was not at the meeting.
9:25 p.m. Sanjay Padaki, Pct. 8, asked the Planning Board to clarify their voting positions. Mr.
Schanbacher noted that the Planning Board had voted 3-2 to recommend disapproval. Mr.
Padaki asked the proponents of the Amendment whether they had brought it to the attention of
the Planning Board. Ms. Manz noted that as the Amendment had been filed on Friday, and the
Planning Board met that evening and there had been discussion. Mr. Padaki clarified that he
was speaking of prior Planning Board meetings, not the one that evening, and whether they
had discussed adding the Center at those hearings. Ms. Manz said that there had been
advocates of adding the Center at those meetings but that Article 2, as presented, had taken
some time to put together so no amendment had been proposed while those discussions were
ongoing. Mr. Schanbacher confirmed that information.
9:30 p.m. Mr. Padaki, Pct. 8, moved to extend debate for 15 additional minutes.
The Moderator opened voting on extending debate.
Following remote electronic vote tallying, the Moderator declared that:
February 3, 2025 Special Town Meeting #1, continued
Motion to Extend Debate by 15 Minutes
Failed by a vote of:
Yes No Abstain
74 91 15
MOTION TO EXTEND DEBATE FAILS
9:33 p.m. Ms. Weiss offered final comments on the Amendment.
The Moderator explained the process if the amendment passed or failed and that it would be a simple
majority vote, then opened voting on the Amendment.
Following remote electronic vote tallying, the Moderator declared that:
Motion to Amend Article 2
Fails by a vote of:
Yes No Abstain
56 120 3
MOTION FAILS
9:37 p.m. The Meeting returned discussion on the original Motion.
9:41 p.m. Robert Cohen, Pct. 4, called the question.
The Moderator opened voting to terminate debate.
Following remote electronic vote tallying, the Moderator declared that:
Motion to Terminate Debate
Adopted by a vote of:
Yes No Abstain
123 39 18
MOTION CARRIES
9:44 p.m. Ms. Sacerdote offered final comments on the Article.
The Moderator opened voting on the original Motion and reminded Members that a 2/3 vote was
required.
Following remote electronic vote tallying, the Moderator declared that:
Motion to Approve Article 2
Approved by a vote of:
Yes No Abstain
164 9 5
MOTION CARRIES WITH MORE THAN NECESSARY 2/3RDS
9:47 p.m. The Moderator asked for a motion to dissolve the 2025 Special Town Meeting-1.
Mr. Lucente, Select Board Chair, moved to dissolve the Special Town Meeting 2025-1.
Motion Adopted by majority voice vote.
A true copy.
Attest:
Mary de Alderete, Town Clerk