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Home My WebLink About2018-04-04 BOS Packet - Released MSMEdits,3/29/18 ARTICLE45 AMEND"ANACTESTABLISHINGANHISTORICDISTRICTSCOMMISSIONFORTHE TOWNOFLEXINGTONANDDEFININGITSPOWERSANDDUTIES,AND ESTABLISHINGHISTORICDISTRICTSINTHETOWNOFLEXINGTON"(Asamendedby Ch.185,Actsof1958,Ch.579,Actsof1966;Ch.268,Actsof1978;Ch.375,Actsof1982;Ch. 426,Actsof2000) ProposedMotion ToauthorizetheBoardofSelectmentopetitiontheGeneralCourttoamendtheCodeof Lexington,AppendixChapterA201,SpecialActsofCh.Chapter447of,theActsof1956,as previouslyamended,asfollows: (a)Section3.Definitions: (i)Addanewdefinitionof"Personaggrieved",asfollows: "'Personaggrieved',theapplicant,theownerofanyadjoiningproperty,anyowner ofpropertywithinthesamehistoricdistrictastheapplicant'sproperty,anyowner ofpropertywithinonehundredfeetoftheapplicant'spropertylines,andany charitablecorporationinwhichoneofitsit’sthepurposesofwhichisincludethe preservationofhistoricstructuresordistricts." (ii)Amendthedefinitionof"Structure"bydeletingsaidsectioninitsentiretyand substitutingthefollowing: "'Structure',acombinationofmaterials,otherthanabuilding,includingasign, fence,wall,terrace,walk,sidewalkordriveway,andanysimilarstructures." (b)Section4.CreationandorganizationofHistoricDistrictsCommission.Deletealltext followingthefirstparagraphandsubstitutethefollowing: "ForanyappointmentsfollowingJanuary1,2019,theselectmenshallappoint,for termsoffiveyears,fiveunpaidmemberswhoshallberesidentsofthetownof Lexington,asfollows:-twofromfourcandidatesnominatedbytheLexington HistoricalSociety,twofromfourcandidatesnominatedbytheLexingtonDesign AdvisoryCommittee,andonememberselectedatlargebytheselectmen.From andafterJanuary1,2019,theselectmenalsoshallappointfortermsoffiveyears, fourassociatemembersofthecommissionselectedfromcandidatesnominatedby theaforesaidorganizations,eachsuchorganizationtonominatetwoeachwhen twoormoreassociatemembersaretobeappointedandtonominateoneeach whenonlyoneassociatememberistobeappointed. Toimplementthechangeinappointingauthorityfromthatineffectthrough December321,2018,theLexingtonDesignAdvisoryCommitteeshallhavethe nominatingauthorityformerlyassignedtotheLexingtonArtsandCraftsSociety andthetrusteesoftheCaryMemorialLibraryupontheexpirationofthetermof anymembernominatedbyeitherofsaidthoseorganizationsortheexpirationof thetermofanyassociatemember,regardlessofwhichorganizationinitially nominatedsuchassociatemember. Incaseoftheabsence,inabilitytoact,orinterestonthepartofamemberofthe commissionhisplacemaybetakenbyanassociatememberdesignatedbythe chairmanofthecommission.Incaseofavacancyonsaidcommissionthe chairmanmaydesignateanassociatemembertoserveasamemberofthe commissionuntilsaidvacancyisfilledasprovidedinthissection.Asthetermof anymemberorassociatememberexpires,hissuccessorshallbeappointedinlike mannerforatermoffiveyears.Vacanciesinthecommissionshallbefilledinthe samemannerasaforesaidfortheunexpiredterm.Everymemberandassociate membershallcontinueinofficeaftertheexpirationofhistermuntilhissuccessor isdulyappointedandqualified.Anymemberorassociatemembermaybe removedforcausebytheappointingauthorityuponwrittenchargesandaftera publichearing. Inmakingsuchappointments,andtoachieveabalancedandcompetent commission,theselectmenshallconsiderthefollowingcriteria:candidatesshould demonstrateanunderstandingoftheimportanceofhistoricalheritage,historic preservation,andLexington'sspecialtownscapeandtheconceptofarchitectural continuity.Candidatesshouldrepresentacross-sectionofprofessionalexpertise andcommunityinterestsandconcerns. Thecommissionshallelectachairmanfromitsmembership.Inthecaseof absenceofthechairmanfromanymeeting,thecommissionshallelectachairman protemporeforsuchmeeting." (c)Section5.Limitations.Amendsubsection(d)bydeletingthereference"Seenote1" appearingattheendthereof. (d)Section6.Exclusions. (i)Amendsubsection(a)bydeletingsaidsubsectioninitsentiretyandsubstitutingthe following: "(a)Nothinginthisactshallbeconstruedtopreventtheordinarymaintenanceor repairofanyexteriorarchitecturalfeatureofanybuildingorstructurewithinthe historicdistricts;norshallanythinginthisactbeconstruedtopreventtheerection, construction,reconstruction,restoration,alteration,ordemolitionofanysuch featurewhichthebuildinginspectorandthedirectoroftheLexingtonPublic HealthDivisionand/orthechiefoftheLexingtonFireDepartmentshallcertifyto thecommissionisimmediatelyrequiredforpublicsafetybecauseofanunsafeor dangerouscondition;norshallanythinginthisactbeconstruedtopreventthe erection,construction,reconstruction,restoration,alteration,ordemolitionofany suchfeatureunderapermitissuedbythebuildinginspectorpriortotheeffective dateofthisact." (ii)Amendsubsection(b)bydeletingtheitalicizedparagraphs1.and2.intheirentirety. (iiiii)Furtheramendsubsection(b)bydeletingthelanguage"withoutsubstantial derogationfromtheintentandpurposesofthisact"attheendofsubsection(b)(1)and substitutingthefollowing: "subject,however,tosuchconditionsastodurationofuse,location,lighting, removalandsimilarmattersasthecommissionmayreasonablyspecify." (iiiiv)Amendsubsection(c)bydeletingsaidsubsectioninitsentirety. (e)Section8.Meetings,Hearings,TimeforMakingDeterminations.Amendthethirdparagraph bydeletingthewords"deemedbythecommissiontobeaffectedthereby"andreplacingthem withthewords"within100feetoftheapplicant'sproperty,attheaddressforsuchowners". (f)Section9Powers,Functions,andDutiesofCommission.Amendthethirdparagraphof subsection(a)(beginning"Inpassinguponappropriatenessthecommissionshallconsider")by deletingthelastsentenceofsaidparagraphandreplacingitwiththefollowing: "Inthecaseofnewconstructionoradditionstoexistingbuildingsorstructures, thecommissionshallconsidertheappropriatenessofthesizeandshapeofthe buildingorstructurebothinrelationtothelandareauponwhichthebuildingor structureissituatedandtobuildingsandstructuresinthevicinity.Whenrulingon applicationsforcertificatesofappropriatenessforsolarenergysystems,the commissionshallalsoconsiderthepolicyoftheCommonwealthtoencouragethe useofsolarenergysystemsandtoprotectsolaraccess.Thecommissionshallnot considerinteriorarrangementandotherbuildingfeaturesnotsubjecttopublic view." (g)Section11.Enforcement.Deletethefirstparagraphofsaidsectionandreplaceitwiththe following: "Whoeverviolatesanyoftheprovisionsofthischaptershallbepunishedbya fineofnotlessthantendollarsormorethanfivehundreddollars.Eachday duringanyportionofwhichaviolationcontinuestoexistshallconstitutea separateoffense." ARTICLE 45 AMEND "AN ACT ESTABLISHING AN HISTORIC DISTRICTS COMMISSION FOR THE TOWN OF LEXINGTON AND DEFINING ITS POWERS AND DUTIES, AND ESTABLISHING HISTORIC DISTRICTS IN THE TOWN OF LEXINGTON" (As amended by Ch. 185, Acts of 1958, Ch. 579, Acts of 1966; Ch. 268, Acts of 1978; Ch. 375, Acts of 1982; Ch. 426, Acts of 2000) Proposed Motion Amend the Code of Lexington, Appendix Chapter A201, Special Acts of Ch. 447, Acts of 1956, as previously amended, as follows: (a) Section 3. Definitions: (i) Add a new definition of "Person aggrieved", as follows: "'Person aggrieved', the applicant, the owner of any adjoining property, any owner of property within the same historic district as the applicant's property, any owner of property within one hundred feet of the applicant's property lines, and any charitable corporation in which one of its purposes is the preservation of historic structures or districts." (ii) Amend the definition of "Structure" by deleting said section in its entirety and substituting the following: "'Structure', a combination of materials, other than a building, including a sign, fence, wall, terrace, walk, sidewalk or driveway, and any similar structuresbut not including public sidewalksin the public right of way \[check wording\]." Commented \[JP1\]: This is a policy question to discuss, 40C section 8 explicitly allows communities to exclude types (b) Section 4. Creation and organization of Historic Districts Commission. Delete all text following of structures from HDC authority; current special act is the first paragraph and substitute the following: ambiguous. "For any appointments following \[date of Special Act Amendment\], the selectmen shall appoint, for terms of five three years, five unpaid members who shall be residents of the town of Lexington, as follows: - two from four candidates nominated by the Lexington Historical Society, two one from four two candidates nominated by the Lexington Design AdvisoryHDC Nominating Committee, one from two candidates nominated by the Trustees of the Cary Memorial Library, and one member selected at large by the selectmen. From and after said date, the selectmen also shall appoint for terms of five three years, four associate members of the commission selected from candidates nominated by the aforesaid organizations, each such organization to nominate two each when two or more associate members are to be appointed and to nominate one each when only one associate member is to be appointed. A member who has served consecutively for the equivalent of Commented \[JP2\]: Restores Library trustees, reduces terms to 3 years (40C), adds a new “HDC Nominating three full terms (9 years) or more, shall not be reappointed until after a lapse of at least one year. Committee” to replace the Arts & Crafts Society. Not sure I’m comfortable having a town committee be a nominating authority – but at least this one would be special purpose for the task. If within thirty days after submission of a written request for nominees to an organization entitled Some variation on this could make sense. It might be to submit nominations for membership on the commission no such nominations have been made preferable to refer to a town bylaw or regulation as the appointing body may proceed to make the appointment to the commission without nomination specifying the nominating bodies. by such organization. Commented \[JP3\]: From the HDC Charge where it was 10 years the equivalent of 2 full terms (of the old 5-year 2 terms). Commented \[JP4\]: This is from 40C and accommodates the inability of a nominating body to act (would cover the current challenge we’ve had with the Arts and Crafts Society) In case of the absence, inability to act, or interest on the part of a member of the commission his place may be taken by an associate member designated by the chairman of the commission. In case of a vacancy on said commission the chairman may designate an associate member to serve as a member of the commission until said vacancy is filled as provided in this section. As the term of any member or associate member expires, his successor shall be appointed in like manner for a term of five years. Vacancies in the commission shall be filled in the same manner as aforesaid for the unexpired term. Every member and associate member shall continue in office after the expiration of his term until his successor is duly appointed and qualified. Any member or associate member may be removed for cause by the appointing authority upon written charges and after a public hearing. In making such appointments, the selectmen shall consider the following criteria: candidates, by reason of their experience or education, should have demonstrated knowledge and concern for historical heritage, historic preservation, and Lexington's special townscape and the concept of architectural continuity.The members of the historic district commission shall \[strive to\] include one or more residents of or owners of property or members of the business community in an historic district to be administered by the commission.. Commented \[JP5\]: This is a combination of 40C language and the existing HDC charge. Note the inclusion of “strive The commission shall elect a chairman from its membership. In the case of absence of the chairman to” to indicate that there may be occasions when this from any meeting, the commission shall elect a chairman pro tempore for such meeting." condition cannot be fulfilled. (c) Section 5. Limitations. Amend subsection (d) by deleting the reference "See note 1" appearing at the end thereof. Better language is probably needed (d) Section 6. Exclusions. (i) Amend subsection(a) by deleting said subsection in its entirety and substituting the following: "(a) Nothing in this act shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of any building or structure within the historic districts; nor shall anything in this act be construed to prevent the erection,construction, reconstruction, restoration, alteration, or demolition of any such feature which the building inspector and the director of the Lexington Public Health Division and/or the chief of the Lexington Fire Department shall certify to the commission is immediately required for public safety because of an unsafe or dangerous condition; nor shall anything in this act be construed to prevent the erection, construction, Commented \[JP6\]: Both 40C and existing special act provide for a singular duly authorized public officer to reconstruction, restoration, alteration, or demolition of any such feature under a permit issued by the certify a public safety exemption. There has been no building inspector prior to the effective date of this act." justification for why multiple officials need to participate in (ii) Amend subsection (b) by deleting the italicized paragraphs 1. and 2. in their entirety. 3 the certification. (iii) Further amend subsection (b) by deleting the language "without substantial derogation from the intent and purposes of this act" at the end of subsection (b)(1) and substituting the following: "subject, however, to such conditions as to duration of use, location, lighting, removal and similar matters as the commission may reasonably specify." (iv) Amend subsection (c) by deleting said subsection in its entirety. (e) Section 8. Meetings, Hearings, Time for Making Determinations. Amend the third paragraph by deleting the words "deemed by the commission to be affected thereby" and replacing them with the words "within 100 feet of the applicant's property, at the address for such owners". (f) Section 9 Powers, Functions, and Duties of Commission. Amend the third paragraph of subsection (a) (beginning "In passing upon appropriateness the commission shall consider") by deleting the last sentence of said paragraph and replacing it with the following: "In the case of new construction or additions to existing buildings or structures, the commission shall consider the appropriateness of the size and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity. When ruling on applications for certificates of appropriateness for solar energy systems, the Commented \[JP7\]: 40C provides for this but the special act didn’t. In general commission shall also consider the policy of the Commonwealth to encourage the use of solar energy probably a good thing but I have some reservations about systems and to protect solar access. The commission shall not consider interior arrangement and applying this to the Central Business District. other building features not subject to public view." (g) Section 11. Enforcement. Add a new sentence at the end thereof, to read as follows: "Each day during any portion of which a violation continues to exist shall constitute a separate offense." MEMORANDUM T OWN OF L EXINGTON P LANNING O FFICE To:Board of Selectmen 1625M ASSACHUSETTS A VENUE From: Aaron Henry, Planning Director L EXINGTON,M ASSACHUSETTS 02420 781-698-4560 CC: PLANNING @ LEXINGTONMA.GOV Date:March 30, 2018 WWW.LEXINGTONMA.GOV/PLANNING Re: Article 42, SpecialPermit Residential Developments As requested at the meeting of March 28, 2018, the Planning Office is pleased to provide the Board of Selectmen with a review and synopsis of the motion proposed under Article 42 scheduled for 2018 Annual Town Meeting. Our analysis has been refined based on the motion submitted to our office on the evening of March 28. Many of the comments and concerns we had with the proposal were based on a presentation of the proposal, submitted February 28, as there was no motion presented to the Town until March 21. That motion contained some elements that were not described during the public hearing process and engendered strong feedback. The March 28 submittal is considerably different. Despite changes to the particulars, the general thrust of the article remains unchanged; focusing on changing the rules for projects that seek a number of units that exceeds those allowed through a conventional subdivision, specifically: In place of Balanced Housing Developments (BHDs) or Public Benefit Developments (PBDs), this proposal would allow for the creation of “Shared Benefit Developments.” Shared Benefit Developments are similar to today’s Balanced Housing Developments but must include a percentage of affordable units and a percentage of accessible units. Currently, in a BHD, the bylaw requires that at least 25% of the units to be no larger than 3,500 gross square feet, while a second 25% must be no larger than 2,700 gross square feet. This proposal lowers those maximum unit sizes to 2,700 and 2,100 gross square feet respectively. The proposed motion would set a maximum unit count in Shared Benefit Developments at either 1.5 times or two times the conventional subdivision's plan for the same site. The proposal does not appear to change anything regarding existing Site Sensitive Developments. The Current Bylaw The current bylaw, adopted at the 2008 Annual Town Meeting, was itself a significant overhaul of a bylaw adopted in 1996. The 2008 revision decreased the overall square footage allowed in “clusters” by 30%, increased the amount of open space from a quarter of the site to a third, introduced unit size restrictions (NOT price controls), and created site sensitive developments (originating from “reduced frontage” developments). Significantly, it also tied developments to a proof plan, which is a proof of concept of a conventional subdivision plan for the same site. While this was (and remains) a feature of Planned Development Districts, cluster developments used a formula to determine the maximum number of units – this formula regularly resulted in higher yields than the conventional subdivision produced. Public Benefit Developments, an extension of BHDs, were included as a means to get affordable units – in exchange for 10% of the units being affordable, applicants receive a 20% increase in 1 floor area. Since 2008, the Town has permitted a total of seven Site Sensitive Developments, six BHDs and two PBDs. Over these ten years, amongst BHDs and PBDs, the Board has authorized 88 units, while conventional zoning would have allowed a total of 43 units by right. The Board has rarely permitted more than twice the proof plan, approving additional units above two times proof for three developments. They have also limited the number of units to fewer than two times proof for three other developments. Of the 88 units, four of them are affordable. 2 Analysis of the Proposed Bylaw During the public hearing process, the proponent claimed that the unit limits (i.e., the 1.5-x or 2-x proof cap) are designed to provide more predictability than the current bylaw. Based on the permitting history discussed above, this seems unnecessary as the Board is already accomplishing that goal. Staff does not believe that this will eliminate any of the “back and forth” between applicants and the Board that this claims to address, as the bylaw retains the right of the board to negotiate downward of the standards. The inclusion of accessible units is laudable but is a step back from the original proposal’s attempt to include age-restricted units, which proved to be legally problematic. Current planning practice approaches the problem of housing targeted at young, older, or differently abled households differently than this, as such staff does not support this provision and is concerned that the 20% requirement negatively affects the likelihood of receiving applications under this bylaw. Although it would be one of the highest standards in the region, Staff is comfortable with the 20% inclusionary requirement but combined with the other concerns, this seems too high to be realistic. The amendment’s reduction in gross square footage to 80% of that allowed under the conventional subdivision runs contrary to most zoning schemes that provide bonuses in exchange for amenities. Furthermore, the motion introduces size controls on otherwise “unregulated” units such that they may not exceed the largest size allowed under the GFA for a conforming lot in the district in which the site is located. This guarantees that few projects, if any, will even be able to get to the 80% maximum. Like many of our concerns, this alone may not be problematic, but when combined with the other changes may amount to a significant disincentive to utilize the bylaw. The proposal’s current open space requirement 40%, compared to a third in the current bylaw. Again, the cumulative effect of this is concerning. A significant concern staff has pertains to the one-size fits all approach inherent in both the current and proposed bylaws. We feel strongly that at a minimum the bylaw should differentiate between the RO and RS districts, as the distinction already affects the zones 1 Town Meeting rejected an inclusionary bylaw in 2007, such that there was no appetite to include the affordability requirement in the BHD column in 2008. 2 Given the current bylaw’s permitting history, should this amendment pass it is hard to envision receiving anything but 2-x proof applications; hence, our analysis assumes this option exclusively. 2 differently and the requirements of the proposed motion may exacerbate those. Furthermore, we have come to believe that the Town needs more permitting options not less. Creating affordable housing, age-restricted housing, and quality open space, on what are typically sites under four acres is a high bar to cross. Finally, in the conversations the Planning Board has had on this proposal to date, there has been little to no talk about what these developments will look like if constructed. The discussion has focused on the faults of the current bylaw, the profit the development community may gain from it, and the lack of price control and quality open space. If passed, staff envisions projects permitted under this proposal would result in unbalanced developments. Larger homes (between 7,000 and 9,000 square feet) comprising half of the new units, would be situated near very small homes. This will be even more pronounced for the affordable homes, expected to be around 1,650 square feet. Also, the range of housing sizes, which attempted to create a cohesive development, allowed under the current bylaw, would no longer be possible. 3 Memorandum April 4, 2018 John Farrington to Matt Daggett Hi Matt, I need to add two additional concerns or questions to the Memo I sent yesterday, which Memo is included below. A rewrite of Warrant Article 42 only became available this morning. 1 Handicapped Accessible Units: You’ve told me, and I agree, these units would not be deed restricted. The question becomes, how far does a builder go in constructing one, and how long is it marketed until the unit can be sold to a non-handicapped consumer. I’m told by the builders these units can be framed to allow the interior to meet handicapped requirements (Architectural Access Board specifications). However, why build entry/exit ramps unless the unit will be occupied by a handicapped individual. Further, installing a handicapped kitchen is a major expense, and likely will not be accepted by a non-handicapped consumer. I cannot see installing this type of kitchen unless the unit is under contract to a handicapped consumer. Second, if there is no demand for, or demand for say only one unit, when is the builder allowed to market the remaining units to non-handicapped consumers? 2 Common Open Space: I’ve worked with the now changed percentage to the recreation area made to proposed Zoning Bylaw section 6.9.12, Common open Space Standards. Despite the change, this still doesn’t work except for very large sites. For most sites, 3 to 5 acres, common open space is an integral part of the site development plan, and not an independent separate area. The engineers and landscape architects need an ability to design the site such that buildings and open space work together and are integrated for the use by the residents. April 3, 2018 Memo I followed up on demographic demand for affordable housing and handicapped accessible housing late yesterday. There also are two additional items in the draft Warrant Article I need to comment on. 1 I talked with Les Savage of LexHabb. I note Les was speaking for himself and not the entire LexHabb board. He has been involved with Lexhabb for many years. I also note I have done pro bono work for LexHabb. Les believes two bedroom units are a desirable product. He also noted the builders I represent can build a very high quality product for less than LexHabb can because private builders are not subject to the public bidding process. One bedroom, above ground (not basement) units are of some value. Les’s knowledge about handicapped accessible units, like mine, is limited. Between us we are aware of two very recent handicapped accessible homes. One, in Lexington, was for a couple with a handicapped child who wanted Lexington’s available educational programs. I talked last night with one of my Wellesley builder clients who reformatted a condominium last year to add an elevator and modify the floor plan for a Wellesley couple, with children, where the wife had become handicapped. 2 I understand 6.9.4, section 2, of the proposed Warrant Article which deals with rules under the Conservation Commission’s legal jurisdiction which inexplicably were added to a Zoning Bylaw, now are eliminated. If correct, good. This section should be eliminated. 3 Warrant Article, 6.9.12, Common Open Space Standards, Section 3 and 6.9.13, Ownership of Common Open Space, need to be modified. Thesehousingdevelopments are managed by a Homeowners or Condominium Association. The buildings, infrastructure and common open space are governed by an Association which needs to meet the requirements of MGL ch 183A, the Massachusetts Condominium Statue. This Chapter of Mass law sets out the rules for these types of organizations. Meeting these Condominium Rules also determines a builder’s ability to have the final housing product available for bank financing to the ultimate consumer, the homeowner, under the federal bank financing rules. The Homeowners or Condominium association must have exclusive control of the common open land. If there is a part of common open land that needs protection, a developer can restrict its use by way of a covenant in favor of the Conservation Commission. In terms of 6.9.13, Ownership of Common Open Space, the Town cannot have a “right of first refusal” on the common open space. This gets to the same question of control just mentioned. It also means a developer continues at risk on this project while going through the very expensive and typically yearlong development process, a risk a developer never would or should take. I realize the last two points are new, but this process is an evolving one. Best, John Nbuu!Ebhhfuu !!!!!!! Bqsjm!4-!3129! 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(Inserted by Matthew Daggett and 9 or more registered voters) DESCRIPTION This article proposes revisions to the regulation of discretionary Special Permit Residential Developments, authorized under § 135-6.9 of the Zoning Bylaw. The intent of the proposal is to amend the Bylaw to better address specific residential development needs in Lexington that are not being met by the current regulatory framework. The premise for these revisions is to ensure that the Town, its residents, and applicants all share in the benefits from residential developments achieved through relaxed dimensional controls, enabled by the special permitting process. The proposal amends the bylaw in 3 primary ways: 1. Balanced Housing Developments (BHD) and Public Benefit Developments (PBD) are combined into Shared Benefit Developments (SBD), a new special permit type that requires affordable housing units, units built to accessibility standards, smaller unit sizes and minimum requirements for public open space. 2. The total Gross Floor Area (GFA) on site for SBDs is reduced to a percentage of that allowed in a conventional development. 3. A limit is placed on the total number of dwelling units that will be allowed on a site in a SBD, as currently there is no maximum. PROPOSED MOTION That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as follows: 1. Amend § 135-3.4, Table 1, Permitted Uses & Development Standards, as follows: Table 1: Permitted Uses and Development Standards RO RS RT A. RESIDENTIAL USES A.1.0 PRINCIPAL RESIDENTIAL USES A.1.05 Balanced housing development, public benefit development, site sensitive development SP SP SP Site Sensitive Development, Shared Benefit Development 2. Replace the phrase Housing in § 135-10 with Benefit 3. Delete the Definition of "Public Benefit Development" in § 135-10. Motion Date: 04/03/18 1 of 9 4. Replace § 135-6.9, Special Permit Residential Developments, with the following: 6.9. SPECIAL PERMIT RESIDENTIAL DEVELOPMENTS. 6.9.1 Purpose. Special permit residential developments are intended to: 1. Ensure that the development of multiple dwellings does not detract from the livability, scale, character or economic value of existing residential neighborhoods; 2. Encourage greater diversity of housing opportunities in Lexington to meet the needs of a population which is diversified with respect to number of persons in a household, stage of life, and income; 3. Encourage the development of affordable housing; 4. Promote development proposals designed with sensitivity to the characteristics of the site that otherwise might be limited by application of uniform, largely geometric standards; 5. Permit different types of structures and residential uses to be combined in a planned interrelationship that promotes an improved design relationship between new buildings and public facilities and common open space; 6. Preserve historically or architecturally significant buildings or places; 7. Encourage the preservation and minimum disruption of outstanding natural features of open land and to minimize impacts on environmentally sensitive areas; 8. Encourage sustainable development through the use of green building practices and low-impact development techniques; 9. Promote the efficient and economical provision of public facilities such as utilities and streets and facilitate a detailed assessment by Town officials and the public of the adequacy of such facilities and services for the proposed level of development. 6.9.2 Applicability. A special permit residential development is a project in which one or more lots, tracts, or parcels of land are to be improved for use as a coordinated site for housing. No special permit residential development shall be initiated without first obtaining a special permit in accordance with the provisions of this section. The purpose of the special permit is to provide detailed review of residential developments that have a substantial impact upon the character of the Town, adjacent residential areas and the provision of public facilities and services. 6.9.3 Types of Special Permit Residential Development. 1. A Site Sensitive Development (SSD) is the development of a parcel with configurations of lots allowing flexibility and creativity in residential development Motion Date: 04/03/18 2 of 9 through reductions in minimum lot area and frontage requirements in order to minimize site disturbance, preserve historic and sensitive natural resources, and allow for efficient patterns of construction to lower development cost. The number of dwellings in a site sensitive development may not exceed the number of dwellings that could be constructed in the development of a conventional subdivision. 2. A Shared Benefit Development (SBD) is a development allowing deviation from the dimensional standards that apply to developments in conventional subdivisions in order to achieve a spectrum of housing choices for a diversity of household types and sizes in a manner that benefits both the applicant and the Town. Instead of determining density by minimum lot area and frontage requirements, the amount of residential development for the tract as a whole is derived from a fully complying conventional development proof plan, based on the number of individual proof lots and calculations of gross floor area and impervious surface area. 6.9.4 Scale of Development and Dwelling Unit Count. An applicant is not entitled to the maximum development, nor is the applicant entitled to approval of a special permit residential development. The amount of development permitted will be based on a fully complying proof plan and the Special Permit Granting Authority's (SPGA) evaluation of the extent to which the proposed development complies with the criteria set forth-below. 1. Site Sensitive Developments. The number of dwellings in a SSD shall not exceed the number of dwellings shown on the proof plan. 2. Shared Benefit Developments. The number of dwellings in a SBD shall have a unit multiplier of either 1.5 or 2 times the number of proof plan lots. The required number shall be rounded up. 6.9.5 Accessible Housing. Certain dwelling units must be constructed to comply with the applicable accessibility standard practices as defined by the Massachusetts Architectural Access Board. Applicable standards will be determined by the SPGA, and applied as follows: 1. Site Sensitive Developments. SSDs shall not require units be built to accessible standards. 2. Shared Benefit Developments. SBDs with a unit multiplier of 1.5 shall require a minimum of 15% accessible units and SBDs with a unit multiplier of 2 shall require a minimum of 20% accessible units. The required number shall be rounded down. 6.9.6 Affordable Housing. Certain dwelling units must be eligible for inclusion on the Massachusetts Department of Housing and Community Development (DHCD) Subsidized Housing Inventory (SHI), as follows: 1. Site Sensitive Developments. SSDs shall not require affordable units. Motion Date: 04/03/18 3 of 9 2. Shared Benefit Developments. SBDs with a unit multiplier of 1.5 shall require a minimum of 15% affordable units, and SBDs with a unit multiplier of 2 shall require a minimum of 20% affordable units. The required number shall be rounded up. Affordable units must comply with the following criteria: a. An affordable unit shall be subject to maximum household income established for that unit, based on the Area Median Income (AMI) as annually determined by the U.S. Department of Housing and Urban Development, assuming one more person in the household than the number of bedrooms in the unit. Eligible households shall have incomes no greater than 80% of the AMI. b. Affordable units can be built to accessible standards, provided that no unit may be counted as both an affordable unit and an accessible unit to satisfy the minimum percentages required. c. Affordable units must be interspersed throughout the site with the non-affordable units, and cannot be clustered into one area of the development. d. Construction may not be phased such that an affordable dwelling unit is the last unit(s) to receive a Certificate of Occupancy in the development. 6.9.7 Dimensional Standards. The requirements of § 135-4.0 are modified as follows: 1. Lot area. There is no minimum lot area required. Individual lot area shall be sufficient to meet off-street parking requirements of this bylaw and the installation of any on-site water supply and sewage disposal facilities. 2. Frontage. There is no minimum frontage required. Frontage for each lot shall be sufficient to provide for adequate access to the building site. Where shared driveways or other circumstances render frontage on a street to be of no importance, none is required. 3. Yard and Height Requirements. Yards required by § 135-4.0 and the height limit of § 135-4.3.5 apply to the perimeter of the site, but are not applicable within the site. 4. Site coverage. There is no maximum site coverage limit for individual lots. Site coverage for the development tract as a whole is limited as described below. 6.9.8 Gross Floor Area Standards. 1. Site Sensitive Developments. The total gross floor area (GFA) in a SSD may not exceed the sum of the GFA that would be permitted on each of the lots shown on the proof plan under § 135-4.4 of this bylaw. 2. Shared Benefit Developments. The total GFA in a SBD may not exceed 90% of the sum of the GFA that would be permitted on each of the lots shown on the proof plan Motion Date: 04/03/18 4 of 9 under § 135-4.4 of this bylaw for a unit multiplier of 1.5, and shall not exceed 80% proof plan GFA for a unit multiplier of 2. 6.9.9 Dwelling Unit Count and Limitations on Dwelling Unit Size. 1. Site Sensitive Developments. The size of dwelling units in a SSD may not exceed the GFA that would be permitted on each of the lots shown on the proof plan under § 135-4.4 of this bylaw.The number of dwellings in a SSD shall not exceed the number of dwellings shown on the proof plan. 2. Shared Benefit Developments. At least 25% of the dwelling units must have a GFA not larger than 2,100 square feet, and at least 50% of the dwelling units must have a GFA not larger than 2,700 square feet. The remaining 50% of the dwelling units must have a total GFA no larger than the remainder of the total reduced allowable site GFA as defined under § 6.9.8 less the total GFA from the 50% of units required to be less than 2,700 square feet in size. This residual GFA can be distributed among the remaining 50% of the units allowed under § 6.9.4, with no units larger than 7,030 square feet in the RS or RT districts, or 9,350 square feet in the RO district. 6.9.10 Impervious Surface Standards. 1. Site Sensitive Developments. The impervious surface limit in a SSD is based on the proof plan. The limit for the development as a whole is calculated as follows: Step 1: Determine the area in square feet of each lot shown on the proof plan. For each lot in a RS or RT District, multiply its lot area by 0.20; for each lot in the RO District, multiply its lot area by 0.12. Step 2: Determine the total area of the impervious surfaces contained on the proof plan that are not contained within lots, such as roads, sidewalks, and similar surfaces. Step 3: The impervious surface limit for the SSD is the sum of the impervious surface calculations from Steps 1 and 2. 2. Shared Benefit Developments. The impervious surface limit in a SBD is calculated in the same manner as that of a SSD. 6.9.11 Site Coverage Standards. 1. Site Sensitive Developments. The site coverage limit is based on the proof plan. The limit for the development as a whole is calculated as follows: Step 1: For each lot on the proof plan, multiply its lot area in square feet by 0.15 for lots in RS and RT Districts, and by 0.09 for lots in RO Districts. Motion Date: 04/03/18 5 of 9 Step 2: The site coverage limit for the SSD as a whole is equal to the sum of the individual lot site coverage calculations determined in Step 1. 2. Shared Benefit Developments. There is no site coverage limit. 6.9.12 Common Open Space Standards. 1. Minimum common open space. At least 35% of the developable site area in a SBD shall be set aside as common open space for a unit multiplier of 1.5, and at least 40% of the developable site area for a unit multiplier of 2. A maximum of 20% of common open space may be devoted to parking or structures used for, or accessory to, active outdoor recreation, provided such parking or structures are consistent with the open space uses of such land. No common open space is required for a SSD. 2. Location; condition. Where required or provided, common open space shall be land that may be in one or more parcels of a size and shape appropriate for the intended use and available for use by all occupants of a development. 3. Easement. When such open space is conveyed to persons or entities other than the Town, an easement over such land shall be granted to the Town to ensure its perpetual use as open space, conservation, recreation, or park land. 6.9.13 Ownership of Open Space. Common open space may be conveyed to: 1. The Town, which shall have the first right of refusal of ownership, and subject to acceptance, to ensure its perpetual use as open space, conservation, recreation or park land; or 2. A legal association comprised of the owners of the development, which may include homeowners or owners of condominium or cooperative units; or 3. A nonprofit organization, the principal purpose of which is the conservation of open space. 6.9.14 Streets and Drives. The objective of this section is that adequate access for fire-fighting, medical, and other emergency operations be provided from the public street system to each Site Sensitive or Shared Benefit Development, as follows: 1. Connection to public street system. Each street and interior, drive, or system of streets or interior drives, shall connect to a public street. 2. A dead-end interior drive will be treated in the same manner as a dead-end street, and is subject to the provisions governing dead-end streets that are found in the Subdivision Regulations. 3. In a development served by a dead-end street or dead-end interior drive, a secondary means of access may be required in order to provide adequate access for fire-fighting, Motion Date: 04/03/18 6 of 9 medical, and other emergency vehicles. The Fire Chief will be consulted as to the adequacy of the access. 6.9.15 Preservation of trees. For Shared Benefit Developments, substantial effort, including revisions to site layout and grading plans, should be made to preserve existing trees in the interior of development parcels, where possible. 6.9.16 Compliance with Other Rules and Regulations. The construction of community services, such as utilities, and of streets and interior drives shall comply with the requirements of the Planning Board's Subdivision Regulations. 6.9.17 Modification by Special Permit. The SPGA may, as part of the grant of a special permit, modify the requirements of § 6.9.10 and § 6.9.11, and the following provisions, as they may apply to individual dwellings or lots within a special permit residential development: Bylaw Provisions SSD SBD Number of dwellings on a lot No Yes Lot width Yes Yes Contiguous developable site area Yes Yes Location of off-street parking spaces Yes Yes Setbacks required for parking spaces and driveways Yes Yes Subdivision of land in relation to lots or buildings that are Yes Yes nonconforming or would not comply with this bylaw as a result of the proposed development 6.9.18 Types of Dwellings. The SPGA may, as part of the grant of a special permit, allow the following types of dwellings: Type of Dwelling SSD SBD One-family detached Yes Yes Two-family (*Yes in RT District) No* Yes Townhouse, Multifamily No Yes 6.9.19 Accessory Apartments. The SPGA may authorize accessory apartments, as described in § 135-6.7, to be created within a SSD. 6.9.20 Conversion. The SPGA may in connection with a Special Permit under this section, authorize an existing structure, that was constructed at least 10 years prior to the date of application for approval of the special permit, to be converted to a residential use not otherwise permitted. The special permit shall incorporate by reference the building design and definitive site development plans filed with the application for a special Motion Date: 04/03/18 7 of 9 permit, and, where applicable, any legally binding document that has been submitted to ensure the completion and continued availability of any proposed improvement or compliance with special conditions. In order to grant the permit the SPGA shall determine that: 1. The structure can be modified for a residential use that does not have adverse impacts on any adjacent one-family neighborhood; 2. The exterior character of the structure is maintained and is compatible with any adjacent neighborhood of one-family dwellings; 3. Modification of the existing structure maintains more of the site as open space than the alternative of removal of the structure and further subdivision of the lot into house lots. 6.9.21 Special Permit Granting Authority. The Planning Board shall be the SPGA for all special permit residential developments. The Planning Board may grant any special permits that are required for the special permit residential development, notwithstanding provisions of this bylaw designating a different special permit granting authority. 6.9.22 Criteria. The SPGA may only grant a special permit if it makes a determination that the proposed development is consistent with the standards and criteria set forth in § 135-9.4.2 and the following additional criteria: 1. Where there is common open space, it shall include, as applicable: a. Some, or all, of the outstanding natural features of the site and of the man-made features, including but not limited to stone walls, that enhance the land form; b. Land that increases visual amenities for residents of the development and of the adjacent neighborhood; c. One or more paths or entry points specifically designed for access purposes. 2. The dwellings are sited and oriented in a complementary relationship to: each other, the common open space, and the adjacent properties with respect to scale, mass, setback, proportions and materials; 3. Negative visual impacts of the development, if any, are screened from adjacent properties and nearby streets by landscaping or other site planning techniques; 4. Where opportunities exist, improved access is provided to, or additional links and connections are developed to, a Town system of public facilities, such as open space, recreation facilities, footpaths or bicycle paths; 5. Any building which contains more than one dwelling unit is designed so that either: a. The building has the exterior appearance of a one-family dwelling; or Motion Date: 04/03/18 8 of 9 b. If two-family dwellings and/or townhouses are constructed, each individual dwelling unit has access to ground level and an opportunity for a private yard, patio, or other private outdoor space; 6. There are provisions for common facilities, such as recreation or parking, or for services such as the maintenance of streets, walkways or paths, utilities, landscaping or recreation facilities; 7. Where there are sufficient dwelling units, the layout of the street(s) and interior drive(s) will accommodate vehicles, other than automobiles, that are used in local transportation services. 8. To the extent practicable, sustainable development techniques, including green buildings, have been utilized. 9. A Shared Benefit Development shall meet the following criteria: a. There are sufficient benefits to the adjacent neighborhood and the Town generally to warrant an increase in the maximum development otherwise permitted; and b. Legally binding documents have been submitted that ensure that affordable units as defined by § 6.9.6 will continue to be available to eligible households in perpetuity. Motion Date: 04/03/18 9 of 9 , 2018 pril 3 A YYYYYYYY IPIP JH Updated YYYYYYYY IPIP DL YYYYYYYY IPIP MC IP YYYYYYYY IP JP YYYYYYYY IPIP SB ”””” JPJP SBSB DLDLDL PRESENT ATM ECTED DATE 4/2/20184/2/20184/2/20184/2/20184/4/2018 AT 4/02/2018 EXP - - - ARTICLE POSITIONS ANNUAL TOWN MEETING 8 - mmunity 201 Renovation Use Co -- Departmental Diversity TBD - for Senior Services FY2019 s Conservation Land - Community Center Sidewalk IP AcquisitionTBDArchives & Records Management/Records Conservation & Preservation $20,0009 Oakland Streetand Adaptive Re$200,000 FINANCIAL ARTICLES Appropriate a.b.c.d. - Appropriate FY2019 Operating BudgetAppropriate FY2019 Enterprise Funds BudgetsIP ProgramAppropriate for Advice and AnalysisGetting to Net ZeroAppropriate to create Advisory Task ForceEstablish and ContinueRevolving FundAppropriate for Preservation Committee Operating Budget and CPA Projects CCCCC 456789 10 ARTICLE , 2018 pril 3 A YYYYYYYYYYYYYYY JH Updated YYYYYYYYYYYYYYY DL R YYYYYYYYYYYYYY MC YYYYYYYYYYYYYYY JP YYYYYYYYYYYYYYY SB ”””””””””” JP SBSB JHJH DL PRESENT or ATM /2018 DATE 4/9/20184/9/20184/9/20184/9/20184/4/2018 AT 4/2 EXPECTED - - - TBD - TBD Capital - $3,340,000 $100,000 - - Design Bowman School - $75,000 - - Build - d Reservoir Bathhouse and Equipment Public Grounds Irrigation Improvements Playground Replacement Program$302,000Athletic Facility Lighting $975,000Center Track and Field Reconstruction OlDesignLowell Street/Farmview Affordable Housing Supplemental Funds CPA Debt Service Administrative Budget $150,000Hydrant Replacement ProgramStorm Drainage Improvements and NPDES compliance FINANCIAL ARTICLES e.f.g.h.i.j.k.l.a.b. propriate for Municipal Appropriate for Westview Cemetery Building ConstructionAppropriate for Lexington Children’s Place ConstructionAppropriate for 45 Bedford Street/Fire Station ReplacementAppropriate for Lexington Police Station ReAppropriate for Recreation Capital ProjectsApProjects CCCC 111213141516 ARTICLE , 2018 pril 3 A YYYYYYYYYYYYYYYY IPIP JH Updated YYYYYYYYYYYYYYYY IPIP DL YYYYYYYYYYYYYYYY IPIP MC YYYYYYYYYYYYYYYY IPIP JP YYYYYYYYYYYYYYYY IPIP SB ””””””””””””””” JP JHJHJH PRESENT ATM DATE 4/9/20184/9/2018 AT EXPECTED Design - ater System astewater System Area TMOD Plan Public Facilities Automatic Meter Center Streetscape -- P Comprehensive Watershed Stormwater Management Study and Implementation Townwide Culvert Replacement IP ImprovementsIReading System Sidewalk ImprovementsEquipment ReplacementTownwide Signalization ImprovementsPelham Road Sidewalk and Roadway ImprovementsStreet ImprovementsHartwell UpdateTransportation MitigationMunicipal Technology Improvement ProgramApplication ImplementationNetwork Core Equipment ReplacementPolice Radio Console Equipment Replacement FINANCIAL ARTICLES c.d.e.f.g.h.i.j.k.l.m.n.o.p.q. Appropriate for WImprovementsAppropriate for WImprovementsAppropriate for School Capital and EquipmentAppropriate forCapital Projects CCCCCC 17181920 ARTICLE , 2018 pril 3 A YYYYYYYYYYNYYY IP W JH Updated YYYYYYYYYYYNYYY IP DL R YYYYYYYYYYNYYY IP MC YYYYYYYYYYNNYY IP W JP R YYYYYYYYYYYNYY IP SB ””””””””””” JP JH DLDLDL PRESENT ATM DATE 4/9/20184/2/20184/2/20184/4/20184/4/2018 AT EXPECTED Floor (Citizen - Building Flooring ProgramSchool Paving Program Systems Design (Citizen Article) - i.ii. Selectmen Meeting Room High Definition Broadcasting UpgradePublic Facilities Bid DocumentsFacility and Site ImprovementsPublic Service Building Vehicle Storage AreaDrainage SystemMunicipal Building Envelopes and Community Center ExpansionSchool Building Envelopes System LHS Security Upgrade Public Facilities Mechanical/Electrical System Replacements FINANCIAL ARTICLES Visitors Center Funding a.b.c.d.e.f.g.h.i. - surance Liability Fund Appropriate to Reimburse Resident for Sewer Backup Visitors Center FundingIP Article)Appropriate to Post EmploymentInRescind Prior Borrowing Authorizations CCCCCC 2122232425 ARTICLE , 2018 pril 3 A YYYYYNY IPIP WWW JHJH Updated YYYYYNY IPIP WWW DLDL YYYYYNY IPIP WWW MCMC YYYYYNY IPIP WWW JPJP RR YYYYN IPIP WWW SBSB JP SB JHJH DLDLDL MCMCMCMCMC PRESENTPRESENT /2018 ATMATM /2018 DATEDATE 4/9/20184/4/20184/4 AT AT 4/11/20184/11/20184/11/20183/263/26/20183/28/20184/11/2018 EXPECTED EXPECTED ital Make Regarding -- (Citizen Ban Plastic (Citizen Article) - Debt Service Operating, 8 Specified Stabilization Establishments in Town , and CPA Budgets (Citizen Article) FINANCIAL ARTICLES Appropriate to Stabilization Resolution to Request Warrant -- Citizen Article Establish, Dissolve and Appropriate to and from FundsIP FundAppropriate fromStabilization FundAppropriate for Prior Years’ Unpaid BillsAmend FY201EnterpriseAppropriate for Authorized CapImprovementsGENERAL ARTICLESAmend General BylawFinancial Committees Article)Amend Town BylawBags Amend General BylawLexington a “Welcoming, Inclusive, Safe Community” (Citizen Article)IPArticles to be Accompanied by Financial ProjectionsAmend General Bylaws to Repeal Prohibition of Recreational Marijuana (Accept MGL Chapter 59, clause 5c ½ CCCC 262728293031323334353637 ARTICLEARTICLE , 2018 pril 3 A YYYYNY WW JH Updated YYYYNY WW DL YYYYNY WW MC YYYYNY WW JP YYYYNY WW SB JPJP SB DL MCMCMCMC PRESENT /2018 ATM DATE AT 3/28/20184/11/20184/11/20183/26/20184/11/20183/28/20183/284/11/2018 EXPECTED - - (Citizen Article) ZONING/LAND USE ARTICLESAmend Zoning Bylaw and Map in Commercial District/Marrett Road (Citizen Article)Amend General Bylaw: Turning Mill Neighborhood Conservation DistrictAmend General Bylaw: PierceLockwood Neighborhood Conservation DistrictWright Farm Parcel Split (241 Grove Street)Amend Zoning Bylaw for Special Permit Amend Chapter 135 Zoning Bylaw (Citizen Article)Amend the General BylawsDemolition Delay AmendmentsAmend Chapter 447 of the Acts of 1956 C 3839404142434445 ARTICLE