Loading...
HomeMy WebLinkAbout2020-03-05-PB-min PLANNING BOARD MINUTES MEETING OF MARCH 5, 2020 Minutes of the Lexington Planning Board Held on March 5, 2020, in the Parker Meeting Room, Town Office Building at 7:00pm Present: Robert Creech, Chair; Charles Hornig, Vice-Chair; Robert Peters, Clerk; Ginna Johnson; and Richard Canale. Also, present was Amanda Loomis, Planning Director Robert Creech, 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 Thursday, March 5, 2020. Town Meeting 1. Amend the Zoning Bylaw – Article 39 – Solar Energy Systems Robert Creech, Chair opened the continued public hearing on Article 39: Solar Energy Systems and then requested a review of any updates relative to the Article. Charles Hornig provided a brief review of updated since the Wednesday, March 4, 2020, public hearing on Article 39. Ms. Loomis provided a review of the draft Planning Board Zoning Regulations (176), relative to Site Plan Review and Solar Energy Systems. Mr. Creech opened the floor for comments from the Tree Committee. Gerry Paul, Chair of the Lexington Tree Committee provided a review of the draft regulations and offered several amendments to the proposed draft language. Mr. Creech requested comments from members of the Planning Board. The Planning Board provided the following comments.  Ginna Johnson stated her encouragement for the draft Zoning Regulations as a good first effort. Ms. Johnson provided her concerns regarding anticipation of future installations of Solar Energy Systems, in addition to the concerns associated with the loss of trees and climate change. Ms. Johnson requested the proposed bylaw amendment not allow solar energy systems to be located in the setback be removed. Ms. Johnson requested clarification regarding the ability for the Town to plant trees on private properties. Mr. Paul provided a review of recent efforts between the Tree Committee and the Department of Public Works (DPW). Mr. Paul concluded that allowing solar energy system installations in the setbacks is a recipe for the removal of large trees.  Ms. Johnson provided a review of the space needed for the installation of replacement trees. Ms. Johnson recommended that the changes to the definition of Yard (or setback) be removed from the draft Solar Energy Systems Bylaw, so that Solar Energy Systems would not be allowed in the front, rear, and side setbacks of properties.  Mr. Hornig provided a review of the draft regulations which helps relocate solar energy systems away from the setbacks but allows for a review on a case by case basis.  Ms. Johnson and Mr. Hornig discussed the advantages and disadvantages of locating Solar Energy Systems within a setback. Page 2 Minutes for the Meeting of March 5, 2020  Richard Canale concurred with Ms. Johnson’s statements about the removal of the Yard definition modification from the proposal. Mr. Canale stated that the Planning Board agreed upon a phased approach splitting the residential off from the proposal to allow for additional research being done.  Robert Peters stated that he would not want to allow for residential Solar Energy Systems within the setback.  Mr. Creech concurred with other members regarding the removal of residential Solar Energy Systems from the setbacks. Mr. Creech proposed that the Planning Board move forward with just commercially zoned districts at this time. Members of the Planning Board discussed the process moving forward for a form of Solar Energy System regulations. A majority of the Planning Board concurred that they needed to move forward with removal of Solar Energy Systems from the setbacks. Mr. Creech opened the floor for public comments. The following comments were provided.  A statement of potential language regarding the Yard definition and the addition of a new Section 6.3.3.  A request for clarification regarding what the Planning Board was intending to do relative to amending Residential Solar Energy Systems. A statement of disappointment for the removal of the allowing Residential Solar Energy Systems within a setback, which would be cutting out tools from Lexington’s toolbox.  A statement of support for the proposed regulations, which included support for both residential and commercial Solar Energy Systems. Mr. Canale stated that Lexington needs to move quickly on this initiative, but needs to be tactful as to what Town Meeting is willing to support. Public participation continued to allow for additional comments from the public.  A statement of support from Sustainable Lexington as presented with both residential and commercial Solar Energy System installations.  A request for clarification as to whether a solar carport would be allowed under the proposed regulations. Richard Canale moved to close the public hearing on Article 39: Solar Energy Systems. Robert Peter seconded the motion. The Planning Board voted in favor of the motion 5-0-0; MOTION PASSED. Richard Canale moved that the Planning Board vote to recommend favorable action to Annual Town Meeting on Article 39 Solar Energy Systems, as amended. Ginna Johnson seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED. 2. Amend the Zoning Bylaw - Article 45 – Screening (Citizens Petition) Robert Creech, Chair opened the continued public hearing on Article 45 – Screening and then requested a review of any updates to the article. Charles Hornig, as a citizen petitioner, presented the proposed revisions made to Article 45 – Screening since the Wednesday, March 4, 2020, public hearing. Minutes for the Meeting of March 5, 2020 Page 3 Mr. Creech requested comments from members of the Planning Board. The following comments were provided.  Richard Canale stated this article should not move forward as part of Town Meeting and this be part of the Comprehensive Planning process.  Robert Peters requested clarification regarding Mr. Canale’s statements.  Ginna Johnson stated that this Article should not move forward for Annual Town Meeting. Ms. Johnson requested that Mr. Hornig refer this to the Planning Board for a future Town Meeting.  Mr. Canale stated that they have identified parts of the Zoning Bylaw that are broken and request that this be referred to the Planning Board. Mr. Canale provided a review as to how this effort would be incorporated into the Comprehensive Plan process, which should then provide direction as to what Lexington wants to be.  Mr. Peters stated that fixing an issue that has been an issue for a while, and tends to support such efforts.  Mr. Hornig stated that this is something that is broken and is not only a burden for small but large landowners. Mr. Hornig stated that streetscape amendments should be part of the Comprehensive Plan process.  Mr. Creech questioned how long the community would be working with such error if passed by Town Meeting.  Ms. Johnson stating this is deregulating restrictions. Ms. Johnson provided a review the impacts of residential properties if this were removed. Mr. Creech opened the floor for public comment. The following comments were provided.  A question regarding the statute of limitations and the impacts on this project. A review of the statute of limitations and how it impacts building permits.  A suggestion for consideration regarding commercial properties wanting a nicely landscaped property.  A request to hear from the Planning Director relative to proposal.  A question as to what happens if this passes as presented. Mr. Hornig provided a review.  A statement regarding changing Hartwell Avenue to allow for increased density. The Planning Board discussed with members of the public the impacts of the proposed article. Richard Canale moved that the Planning Board close the public hearing on Article 45 – Screening. Robert Peter seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED. Robert Creech move that the Planning Board vote to recommend favorable action to Annual Town Meeting on Article 45 – Screening as amended with the stipulation that by the ATM21 the Board will have uniform landscape standards. Robert Peters seconded the motion. The Planning Board vote in favor of the motion 3-2-0 (Ginna Johnson and Richard Canale opposed) MOTION PASSED. 3. Amend the Zoning Bylaw – Article 37 – Site Plan Review Robert Creech, Chair opened the continued public hearing on Article 37 – Site Plan Review and then requested a review of any updates to the article. Ms. Loomis provided a brief review of the updates to the draft article. Page 4 Minutes for the Meeting of March 5, 2020 Mr. Creech requested comments from the members of the Planning Board. No comments were provided. Mr. Creech opened the floor for public comments. No public comments were provided. Charlies Hornig moved that the Planning Board close the public hearing on Article 37 – Site Plan Review. Robert Peters seconded the motion. The Planning Board voted in favor of the public hearing 5-0-0. MOTION PASSED. Ginna Johnson requested clarification regarding proposed Subsection B.1.d. The Planning Board discussed the language in the respective subsection and concurred that the removal of said subsection be removed. Richard Canale moved that the Planning Board vote to recommend favorable action to Annual Town Meeting on Article 37 – Site Plan Review, as amended tonight. Ginna Johnson seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED. 4. Amend the Zoning Bylaw – Article 43 – Hartwell Avenue Area (Citizen Petition) Robert Creech, Chair opened the continued public hearing on Article 43 – Hartwell Avenue Area and then requested a review of any updates to the article. Charles Hornig provided a brief review of the proposed article, which included recent conversations with landowners. Mr. Creech requested comments from members of the Planning Board. The following comments were provided.  Richard Canale provided concerns regarding the process associated with the Hartwell Avenue zoning initiative. Mr. Canale stated his concerns regarding moving forward at this time, especially with the need for housing for families.  Robert Peters referenced a members of the publics’ effort regarding work efforts over the past thirty (30) years. Mr. Peters further noted the need to get this effort moving forward.  Ginna Johnson provided a review as to not recommending this article forward to Annual Town Meeting. Ms. Johnson stated that there has been a lack of public outreach process, the impacts on properties, lack of research, etc. Ms. Johnson reviewed the Lexington goal of increasing the tax base. Ms. Johnson reviewed proposed language as presented in Table 2. Ms. Johnson stated that the proposed maximum building height of one-hundred and fifteen (115) feet, with no restruction on stories, and proposed minimum lot size of five-thousand (5,000)square feet would be by right, with no review of the site plan by the Planning Board and no negotiation between the Town and the owner to protect abutters or Town character, Mr. Hornig provided a review of his outreach to the commercial property owners. The Planning Board and Mr. Hornig discussed the proposed article and the concerns.  Mr. Canale reviewed the zoning process, development of the draft language, and provided a review of the process for applicants that use Planned Reuse Developments. Mr. Creech opened the floor for public comment. The following comments were provided. Minutes for the Meeting of March 5, 2020 Page 5  A review of history of the Hartwell Avenue development and the need for new zoning to allow for redevelopment.  A question as to where the market is today, no one wants to do office. It would be recommended to increase the lot size. It was noted that Cambridge is one-hundred (100) percent built out, but businesses are moving to the suburbs. Mr. Canale provided an analysis of various properties within Lexington that could allow for the development of lab space. Mr. Canale provided a review of businesses as to what they want and the reason to move forward. A member of the public provided a review of how landowners can recoup the value of their property post razing an existing structure. Ms. Johnson said she was concerned that with no publically available records on what commercial property owners pay in taxes, the estimates Mr. Hornig uses for the increase to the Town’s assessed taxes at build out may not be correct. Mr. Creech questioned the reason for five-thousand (5,000) square feet. Mr. Hornig provided a review regarding the proposed dimensional regulations. The Planning Board took a brief recess at 9:29pm and resumed at 9:35pm. Mr. Creech questioned what the buildout could potentially be if this effort passes. Mr. Hornig stated that the potential buildout would be six point twenty-five (6.25) million square feet, which is two point five (2.5) times of what is there now. Mr. Creech questioned if we did this there is a lot of aspects that the community could get under the proposed Hartwell Avenue zoning. Mr. Creech requested clarification regarding the Floor Area Ratio (FAR). Mr. Creech noted that there was a recent rezoning effort for 7 Hartwell Avenue and stated concerns about changing the zoning district for that parcel. Mr. Canale stated that only one (1) special permit had been granted for Hartwell Avenue. Mr. Hornig questioned what a timetable would be for including housing in this proposal. Members of the Planning Board provided their reasons of support or opposition. Richard Canale moved that the Planning Board close the public hearing on Article 43: Hartwell Avenue. Robert Peter seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED. Ginna Johnson moved that the Planning Board recommend that Town Meeting refer Article 43: Hartwell Avenue to the Planning Board to allow for collaboration with the Select Board to allow for a robust public process that was recommended at the last joint meeting of the Planning Board and the Select Board. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 3-2-0. (Charles Hornig and Robert Peters opposed). MOTION PASSED. 5. Amend the Zoning Bylaw – Article 38: Financial Services Robert Creech, Chair provided a brief review of proposed updated to Article 38: Financial Services since the closure of the public hearing. Members of the Planning Board reviewed and discussed amendments made to Article 38. Page 6 Minutes for the Meeting of March 5, 2020 Charles Hornig moved that the Planning Board vote to accept the Planning Board’s Report to Annual Town Meeting on Article 38: Financial Services. Ginna Johnson seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED. Charles Hornig moved that the Planning Board vote to recommend favorable action to Annual Town Meeting on Article 38: Financial Services. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED. 6. Amend the Zoning Bylaw – Article 36: Short Term Rentals Robert Creech, Chair provided a brief review of proposed updates to Article 36: Short Term Rentals since the closure of the public hearing. Members of the Planning Board reviewed and discussed amendments made to Article 36. Charles Hornig moved that the Planning Board vote to recommend favorable action to Annual Town Meeting on Article 36: Short Term Rentals. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED. Board Administration 1. Amend the Zoning Bylaw – Article 41 – Technical Corrections Robert Creech, Chair requested that the Planning Board take action if ready on the draft report for Article 41: Technical Corrections. The Planning Board briefly discussed the report. Charles Hornig moved that the Planning Board vote to accept the Planning Board’s Report to Annual Town Meeting on Article 41: Technical Corrections. 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  Richard Canale provided a brief review of the status of the Select Board’s initiative to amend the Special Permit Residential Development. Mr. Canale noted that the Town has hired a consultant to work on this effort.  Charles Hornig provided a brief review on the Wednesday, March 4, 2020 Magic Meeting. Mr. Hornig stated that the focus of the meeting was focused on housing. Mr. Canale, whom also attended the meeting provided additional information relative to housing. Mr. Canale provided a few examples of other communities and the struggles to produce housing units. Adjournment The Planning Board voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to close the March 5, 2020, public meeting of the Planning Board 10:27 p.m. Minutes for the Meeting of March 5, 2020 Page 7 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 39 Solar Energy Systems Amendment 2.17.20 (3 Pages).  Draft language- Article 43 Hartwell Avenue 2.14.20 (3 Pages).  Draft language- Article 45 Streetscape, Screening Amendment 12.4.19 (1 Page).  Revised Draft Language-Article 45 Streetscape, Screening Amendment 3.5.20 (1 Page).  Draft language- Article 37 Site Plan Review Amendment 2.11.20 (1 Page).  Draft language- Article 38 Financial Services Amendment 11.19.19 (2 Pages).  Draft language Planning Board Recommendation - Article 38 Financial Services Amendment (3 Pages).  Draft language Planning Board Recommendation - Article 41 Technical Corrections Amendment (1 page). Robert Peters, Clerk of the Planning Board