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HomeMy WebLinkAbout2020-02-26-PB-min PLANNING BOARD MINUTES MEETING OF FEBRUARY 26, 2020 Held on February 26, 2020, in the Select Board’s Meeting Room, Town Office Building at 7:00pm Present: Robert Creech, Chair (participation via remote participation until 7:56pm and then arrived in the Select Board’s Meeting Room at 8:12pm); Charles Hornig, Vice-Chair; Robert Peters; Ginna Johnson; Richard Canale. Also, present were Amanda Loomis, Planning Director; and Sheila Page, Assistant Planning Director. Charles Hornig, Vice-chair, read the agenda into the record, introduced members of the Planning Board and Planning Department Staff and called the meeting to order at 7:00 p.m. on Wednesday, February 26, 2020. Mr. Hornig stated that Mr. Creech would be participating via remote participation. Development Administration 1. 109 Reed Street – Definitive Subdivision Plan Present for the Applicant: Todd Cataldo, Sheldon Corporation Charles Hornig opened the discussion and announced that the public hearing was closed and a decision had been drafted. Mr. Hornig requested review of the draft decision that had been circulated to both the Planning Board and the Applicant. Ms. Loomis provided a brief review of the draft decision. Ms. Loomis also provided clarification regarding the Planning Board’s requirement for a trail. The Planning Board reviewed the draft decision. Mr. Hornig requested comments from members of the Planning Board. The following comments were provided.  Robert Peters quested clarification regarding the requested trail from the property at 109 Reed Street onto Essex Street. Ginna Johnson moved that the Planning Board approve with conditions the decision for the Definitive Subdivision Application for Sheldon Corporation at 109 Reed Street. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (a roll call was taken). MOTION PASSED Richard Canale moved that the Planning Board vote to allow the Chair of the Planning Board to sign the decision for 109 Reed Street. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (a roll call was taken). MOTION PASSED Town Meeting 1. Amend the Zoning Bylaw, Public Hearing for Article 36: Short Term Rentals Present for the public hearing: Jennifer Gingras, Zoning Administrator Charles Hornig, Vice-Chair, opened the public hearing and requested a presentation relative to Article 36, Short Term Rentals. Jennifer Gingras presented a PowerPoint entitled Article 36: Amend Zoning Bylaw – Short Term Rentals (Article 36). The presentation identified the problem that Article 36 intends to address; the potential solution to the problem; an overview of the Short-Term Rental program and the Page 2 Minutes for the Meeting of February 26, 2020 requirement for registration; the identification and differences in Operator-Occupied and Operator-Adjacent; requirements for Short-Term Rental operations; and a review of what cannot be a Short-Term rental. Mr. Hornig requested comments from members of the Planning Board. The members of the Planning Board stated that they did not have any comments at this time. Mr. Hornig opened the floor for public comment. The following comments were provided.  A request for clarification regarding the renting of the entire dwelling.  A request for clarification regarding a short term rental vs. a long term rental.  A request for clarification regarding the consideration of allowing ninety (90) days rental of an entire dwelling in a year.  A statement of opposition for the proposed article.  A statement of an example of an existing rental that appears to be short term but operated as a long term rental.  A request for clarification as to who will enforce this regulation.  A statement that a property that operates as a business should pay commercial property tax and not a residential rate. A statement that the water and sewer rate should also be classified as a business and not a residential use. Mr. Hornig questioned if the Planning Board had any additional comments and if they were willing to close the public hearing. Members of the Planning Board concurred that they did not have any comments and were ready to close the public hearing. Richard Canale moved that the Planning Board close the public hearing for Article 36, Short Term Rentals. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call was taken). MOTION PASSED Mr. Hornig questioned if the Planning Board was ready to vote or needed additional time. Richard Canale stated that the Planning Board needed clarification on the ninety (90) day limit. 2. Amend the Zoning Bylaw, Public Hearing for Article 35: Groundwater Present for the public hearing: James Kelly, Lexington Building Commissioner James Kelly presented a PowerPoint presentation entitled Article 35: Amend Zoning Bylaw – Distance from Basement, Slab, or Crawl Space and Groundwater. The presentation identified the problem that Article 35 intends to address; the potential solution to the problem; a review of examples relevant to discharging of water without proper planning, pumping water into the street, sewer, and drainage system; the need for engineering review; a review of conditions and requirements that Article 35 proposes; and a review of comments received from builders. Mr. Hornig requested comments from members of the Planning Board. The following comments were provided.  Ginna Johnson questioned if staff had time to review and consider her comments relevant to Section 4.5.4. Minutes for the Meeting of February 26, 2020 Page 3 Mr. Hornig opened the floor for public comment. The following comments were provided.  A request for clarification regarding the height and whether it is two (2) feet or two point five (2.5) feet.  A presentation regarding a monitoring well and an increase in groundwater level over the years by fifteen (15) inches, which supports a request to increase the level to thirty (30) inches to add in a safeguard.  A presentation of a case study from Maryland regarding what is and what is not allowed relative to ground water.  A request as to who tracks the high level water mark for each property. Mr. Kelly stated that a professional engineer would assess the soil conditions. Mr. Hornig questioned if the Planning Board had any additional questions or comments. The Planning Board provided the following questions and comments.  Richard Canale requested clarification as to the reason for two (2) feet.  Ms. Johnson proposed alternative language for Section 5.3.4 of the proposed Bylaw relative to the slab being below groundwater. Mr. Hornig questioned if the Planning Board would like to close the public hearing. Ms. Johnson requested permission to work with Mr. Kelly to finalize the language and would request that the public hearing remain open. Richard Canal moved that the Planning Board continue the public hearing for Article 35 – Amend Zoning Bylaw – Distance from Basement, Slab, or Crawl Space and Groundwater to Wednesday, March 4, 2020 at 7:00pm. Ginna Johnson seconded the motion. Mr. Canale provided an overview as to what was required to bring this article to completion. The Planning Board voted in favor of the motion 4-0-0. MOTION PASSED. 3. Amend the Zoning Bylaw, Public Hearing for Article 46: Amend Zoning Bylaw, Gross Floor Area (Citizens Petition) Present for the public hearing: Matt Daggett, Citizen Petitioner Charles Hornig opened the public hearing and requested a presentation from the Citizen Petitioner of Article 46 for Annual Town Meeting. Mr. Daggett presented a PowerPoint presentation entitled Article 46: Amend Zoning Bylaw, Gross Floor Area. The presentation provided an outline of the presentation; current Floor Area Regulation Bylaw (135 – 4.4); a review of Zoning Definition Changes; a review of a ZBA Application (2020); a review of Above Ground Massing (2020); Amendment Approach that the Article proposes to address; a review of the Process for Determining New Levels; RPC Buildout Modeling and Analysis; a review of a Peer Community comparison for GFA Bylaw, GFA Walkthrough, GFA, FAR Walkthrough, and Floor Area Ratio; a review of small lot new construction examples; a review of the proposed amendments (Definitions and Maximum Allowable Residential GFA Table); a review of an implementation timeline; a review of definition change secondary effects and the next steps. Page 4 Minutes for the Meeting of February 26, 2020 Mr. Hornig requested comments from members of the Planning Board. The following comments were provided.  Ginna Johnson stated that she did not have any comments but provided a statement of support and appreciation for the proposal.  Robert Creech stated his support for the article. Mr. Creech requested clarification regarding an example of a structure in Lexington relative to GFA and the differences in individual living areas.  Robert Peters questioned if this article would amend the economic impact to a landowner who purchased a home within Lexington.  Richard Canale thanked Mr. Daggett for the presentation of Article 46. Mr. Canale provided a review of the history of previous efforts to address gross floor area issues.  Mr. Hornig provided a review of Article 46. Mr. Hornig provided comments as to how to resolve discrepancies between Article 46 as presented and the existing Zoning Bylaw. Mr. Hornig requested clarifications as to how Article 46 manages garages. Mr. Hornig discussed concerns relevant to split-entry architecture styles. A request for clarification regarding a thirty (30) percent split across the board for the review of GFA. Mr. Hornig and Mr. Daggett reviewed the analysis, in addition to the review of the construction of a structure relevant to what is a basement. Mr. Hornig opened the floor for public comment. The following comments were provided.  A request for clarification as to whether there is a penalty for the creation of a crawl space.  A statement that the proposal steals a good portion of the value of a home.  A request for the Planning Board to reject the proposal as it presently stands.  A question whether a structure could have two (2) basement levels, one on top of the other.  A review of the current regulations and the need for a homeowner needing to preserve the values of their home, followed by a review of what could be constructed under current regulations and if the article were to pass.  A request for clarification regarding a nonconforming property and how such an amendment to the Zoning Bylaw would handle such a situation.  A statement that the petitioner needs to review the data being used and also need to look at the peer communities.  A statement of support for the Article due to all of the teardowns that have been occurring in certain neighborhoods in Lexington.  A statement that the Gross Floor Area is a significant issue in Lexington. Followed that the Article may need a little more thought relevant to how information collected to peer reviews is utilized.  A statement of surprise that basement is considered equivalent to upstairs living.  A statement of support of the Article, noting that present regulations is a loophole creating issues for the community.  A statement regarding the value of the properties, and the benefit of the value relevant to the extra tax value.  A request for the Planning Board to look at the Article more and not make a decision tonight.  A review of house size relevant to taxed value, how a value of a house compares to others houses.  A statement of concern regarding the numbers and the peer groups presented during the public hearing. An analysis of the 1010 group, and looking at the allowed sizes and uses. Minutes for the Meeting of February 26, 2020 Page 5 Mr. Hornig asked if members of the Planning Board had any additional questions or comments. Mr. Hornig allowed for final, brief comments from the public. The following comments were provided from the public.  A statement of concern regarding the effective date, which was originally February and now is set for July 1.  A request for clarification regarding the removal of basements from the calculation and then what the calculation will be. Is there a way to vote on these two items separately? Richard Canale moved that the Planning Board continue the public hearing for Article 46 – Amend Zoning Bylaw – Gross Floor Area to Wednesday, March 4, 2020 at 7:00pm. Ginna Johnson seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED 4. Amend the Zoning Bylaw, Public Hearing for Article 43: Hartwell Avenue Area (Citizens Petition) Bob Creech opening the public hearing and requested a presentation for Article 43: Hartwell Avenue Area. Charles Hornig presented a PowerPoint presentation entitled Article 43: Hartwell Avenue Area, dated February 26, 2020. The presentation included a review of why this change is being proposed; why now; a review of the Hartwell Avenue area existing conditions; dimensional standards relevant to lots, setbacks, Floor Area Ratio (FAR), and height; design standards – amenities, height, and Bedford Street; a review of the proposed district boundaries; what might happen?; and concluded with a review of traffic, parking, transportation, and natural environment. Mr. Creech requested comments from members of the Planning Board. The following comments were provided.  Richard Canale provided a review of the recent rezoning process, delays in the process, in addition to conversations with developers as to direction for the proposed zoning. Mr. Canale stated that Lexington should review what Burlington has done in the Wegmans area. Mr. Canale further stated that the proposal to Town Meeting does not include mixed-use options.  Robert Peters referenced Mr. Hornig’s statement that this would be a Phase One, followed by a second phase.  Ginna Johnson provided a summary of her position relative to the public process for moving the Hartwell Avenue process forward. Ms. Johnson questioned if Mr. Hornig had reached out to the abutting residential streets. Ms. Johnson reviewed the various sections of the project, in addition to the need for a more inclusive public process and the promotion of net zero.  Mr. Creech requested clarification regarding design standards. Mr. Hornig stated that he would assume that design regulations would be developed in the fall if the article were to pass. Mr. Creech opened the floor for public comment. The following comments were provided.  A statement of concern regarding the rezoning of the area on the north side of Bedford Street.  A statement of support for the proposal, the need to move forward, and the need for additional tax revenue. This is a commercial zone and makes sense. Page 6 Minutes for the Meeting of February 26, 2020  A statement regarding houses within the area relative to major issues that have taken place. Followed by a statement regarding the loosening of regulations and what will the community get.  A statement regarding the duration of the process for the Hartwell Avenue zoning initiative. It was noted that the major concern is traffic, but we need not to wait.  A statement regarding the proposal in front of Town Meeting is the best of the past proposals. Followed by a statement as to not to continue to talk about it, but rather do something.  A statement that if provided the framework then additional parcels of land on Hartwell Avenue will be redeveloped.  A statement of concern regarding an increase in traffic and the need for something to be done about it.  A statement of agreement for some of the proposed changes and that this proposal is the transition from suburban to urban. In favor of the additional tax revenue but not in favor of reducing the twenty-five (25) foot set back, in addition to concerns regarding traffic congestions and the need to think outside of the box. It was recommended to include dedicated bus lanes and other alternative traffic reducing methods.  A statement of clarification regarding an allowed height of a structure relative to the proposed amendments. Mr. Hornig stated that this zoning initiative is to get the process kick-started, and much of this is moving forward with the twenty-five (25) percent design. Robert Peters moved that the Planning Board continued the Public Hearing for Article 43: Hartwell Avenue Area (Citizens Petition) to Wednesday, March 4, 2020 at 7:00pm. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 4-0-1. MOTION PASSED 5. Amend the Zoning Bylaw, Public Hearing for Article 44: Bedford Street (Citizens Petition) Robert Creech opened the public hearing for the Annual Town Meeting Article 44: Bedford Street. Robert Peters recused himself from the public hearing. Ginna Johnson moved that the Planning Board continue the public hearing for Article 44: Bedford Street to Wednesday, March 4, 2020 at 7:00pm. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 4-0-0. MOTION PASSED 6. Amend the Zoning Bylaw, Public Hearing for Article 45: Streetscape (Citizens Petition) Robert Creech opened the public hearing for the Annual Town Meeting Article 45: Streetscape. Ginna Johnson moved that the Planning Board continue the public hearing for Article 45: Streetscape to Wednesday, March 4, 2020 at 7:00pm. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED 7. Amend the Zoning Bylaw, Continued Public Hearing for Article 37: Site Plan Review Robert Creech opened the public hearing for the Annual Town Meeting Article 37: Site Plan Review. Minutes for the Meeting of February 26, 2020 Page 7 Ginna Johnson moved that the Planning Board continue the public hearing for Article 37: Site Plan Review to Wednesday, March 4, 2020 at 7:00pm. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED 8. Amend the Zoning Bylaw, Continued Public Hearing for Article 38: Financial Services No action was taken on Article 38: Financial Services (the article will be placed on the March 4, 2020 Planning Board Meeting Agenda). Board Administration 1. Minutes of February 12, 2020 The Planning Board reviewed the draft minutes of February 12, 2020. Richard Canale moved that the Lexington Planning Board approve the minutes of February 12, 2020. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED 2. Board Member and Staff Updates No Member Report or Staff Updates were provided Adjournment Robert Peters moved that the Planning Board adjourn the meeting of February 26, 2020. Ginna Johnson seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED The Planning Board adjourned the meeting of February 26, 2020, at 10:53 p.m. The meeting was recorded by LexMedia. The following documents used at the meeting can be found on the Planning Board website in Planning Board packets. 2020 Annual Town Meeting Articles:  Draft language- Article 36 Short Term Rentals Amendment (3 Pages).  Draft language- Article 35 Groundwater Amendment (2 Pages).  Draft language- Article 46 Gross Floor Area (GFA) Amendment (2 Pages).  Presentation on Article 46 GFA by Matt Daggett (29 Pages).  Draft language- Article 44 Bedford Street by Hartwell Avenue Amendment (1 Page).  Draft language- Article 43 Hartwell Avenue (3 Pages).  Draft language- Article 45 Streetscape Amendment (1 Page).  Draft language- Article 37 Site Plan Review Amendment (2 Pages).  Draft language- Article 38 Financial Services Amendment (2 Pages).  Draft language Technical Corrections Amendment (1 page). Page 8 Minutes for the Meeting of February 26, 2020 109 Reed Street:  Draft decision (14 pages) Robert Peters, Clerk of the Planning Board