HomeMy WebLinkAbout2020-02-10 Joint SB and PB-min
Joint Meeting
Select Board and Planning Board
February 10, 2020
A Joint Meeting of the Lexington Select Board and Planning Board was called to order at 7:20
p.m. on Monday, February 10, 2020 in the Select Board Meeting Room, Town Office Building,
1625 Massachusetts Avenue. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen
were present, as well as Mr. Malloy, Town Manager; Ms. Katzenback, Executive Clerk; Carol
Kowalski, Assistant Town Manager for Development; Amanda Loomis, Planning Director; Jim
Kelly, Building Commissioner; Jennifer Gingras, Zoning Administrator; and Mina Makarious,
Town Counsel.
Present for the Planning Board were: Mr. Creech, Chair; Mr. Hornig, Vice-Chair; Mr. Peters; and
Mr. Canale.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Joint Meeting - Select Board and Planning Board - Discuss 2020 Annual Town Meeting
Zoning Articles
The Select Board and the Planning Board met to discuss the following 2020 Annual Town Meeting
Zoning Articles:
ATM Warrant Article 8 - Short-Term Rental Impact Fee
ATM Warrant Article 35 - Amend Zoning Bylaw-Distance From Basement, Slab or Crawl
Space and Groundwater
ATM Warrant Article 36 - Amend Zoning Bylaw-Short-Term Rentals
ATM Warrant Article 37 - Amend Zoning Bylaw-Site Plan Review
ATM Warrant Article 38 - Amend Zoning Bylaw-Financial Services
ATM Warrant Article 39 - Amend Zoning Bylaw-Solar Energy Systems
Mr. Lucente introduced Amanda Loomis as the new Planning Director for the Town of Lexington
and welcomed her with a Town of Lexington lapel pin and a round of applause.
ATM Warrant Article 35 - Amend Zoning Bylaw-Distance From Basement, Slab or Crawl
Space and Groundwater
Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 35: Amend Zoning
Bylaw - Distance from Basement, Slab or Crawl Space and Groundwater. The purpose of the
article is to amend the zoning bylaw in order to: preserve and protect groundwater; to maintain
and enhance the public safety, environment, health, and general welfare by establishing minimum
requirements; and to establish procedures to control the adverse effects of building basement floors
nearer than two (2) feet from the estimated seasonal high groundwater table, including basement
flooding, pumping and discharge of groundwater to neighboring properties, discharging
groundwater to the public way, and illicit connections to the Town’s sewer and stormwater
connections.
Mr. Pato inquired if ATM Article 35 would provide protections during construction projects.
Mr. Kelly stated that the article would assist in better planning, soil testing, test pits, better
understanding of seasonal effects, and prevent any issues that may arise during construction
projects.
Mr. Lucente expressed concerns regarding the impact on homeowners wanting to build an addition
of over 1,000 square feet.
Mr. Kelly stated that proposed bylaw was not intended to prohibit building nearer than two feet of
the seasonal high groundwater table, but rather to require specific guidelines to be followed when
building nearer than two feet of the seasonal high groundwater table.
Mr. Sandeen asked about the differences between the previous Town bylaw and this proposed
bylaw.
Tom Shiple, Precinct 9 Town Meeting Member, asked for examples of acceptable mitigation
systems for the areas that are less than two feet.
Mr. Kelly stated that a sump pump system or perimeter drain foundation system are acceptable, as
well as dry wells in the backyard.
ATM Warrant Article 36 - Amend Zoning Bylaw - Short-Term Rentals
Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 36: Amend Zoning
Bylaw - Short-Term Rentals. The purpose of this article was to amend the zoning bylaw in order
to: a.) provide a process through which certain residential premises and rooms within residential
premises may be registered with the Town of Lexington for use as “short-term rentals”; b.) provide
health and safety standards for short-term rentals; and c.) provide for the orderly operation of short-
term rentals within the Town’s residential neighborhoods.
Ms. Gingras stated that the definition of a short-term rental is the rental of a dwelling unit or a
bedroom for less than 30 days. There are two types of short-term rentals: operator-occupied, where
the owner resides in the dwelling and can rent out the entire dwelling unit or up to three rooms,
and operator-adjacent, where the owner has a multifamily dwelling with up to four units and rents
out one of the units while residing in another. Some of the basic requirements for the operator
include: an annual registration and inspection, proof of residency, compliance with fire and safety
regulations, and the appropriate life safety systems in place. This regulation excludes designated
affordable housing, accessory apartments, and any property in violation of the state sanitary code.
Mr. Lucente asked if there is a way to identify which homes are short-term rentals.
Ms. Kowalski stated that the staff did not come across methods of identifying homes as short-term
rentals in their research.
Ms. Barry asked how the non-owner occupied dwellings would be notified of the regulations that
the owner needs to reside in the unit. She also inquired about what enforcement would look like
to those in violation.
Mr. Makarious stated that once the zoning regulations are in place for the short-term rentals, those
owners who are in violation could have zoning enforcement against them. The enforcement would
entail an investigation, notice of violation by letter requiring operations to cease, fines or penalties,
and potentially a noncriminal court case in district court.
Mr. Sandeen supported Mr. Lucente’s request to identify homes that were short-term rentals.
Mr. Sandeen asked what standards the Town sets for short-term rentals.
Mr. Creech stated that the public hearing is scheduled for Wednesday, February 26, 2020.
Ms. Hai expressed concern regarding parking requirement calculation for short-term rental
properties.
Pamela Lyons, Precinct 5 Town Meeting Member, requested clarification regarding the proposed
regulations applying to a small house on a property, which is not attached to the main dwelling,
being used as a short-term rental.
Ms. Gingras stated that an accessory structure would be considered an accessory apartment and
would be exempt as a short-term rental. Accessory structures are not allowed to have a bedroom
under the new regulations.
Mr. Makarious stated that the accessory apartment would be grandfathered in, but would not be
allowed to be used as a short-term rental.
Tom Shiple, Precinct 9 Town Meeting Member, inquired about the definition of a bedroom.
Ms. Gingras stated that a bedroom would have to meet the building code requirements of a
bedroom by the inspector. An unfinished basement, for example, could not be used as a short-term
rental.
Ellen Cameron, 12 Scotland Road, expressed concern regarding the notification of the new
regulations to the owners of short-term rentals. She is concerned that the responsibility would fall
on the neighbors.
Kevin Gillis, 449 Waltham Street, expressed concern about the occupancy log being invasive and
difficult to maintain. He also expressed concern that the calculation of cars and the inspection for
owner-occupied units seem excessive and unnecessary.
ATM Warrant Article 8 - Short-Term Rental Impact Fee
Mr. Makarious presented the 2020 Annual Town Meeting Warrant Article 8: Short-Term Rental
Impact Fee. The purpose of this article was to consider whether or not the Town will adopt the
fees under Massachusetts General Law Chapter 64G for short-term rentals. There are three sets of
fees: 1.) Under Section 3A, the Town would impose an excise tax of up to 6% and would apply
the fee to all lodging (the Town had already accepted this fee in the past); 2.) Under Section 3D(a),
which would allow the Town to institute a 3% short-term rental impact fee on each transaction for
professionally-managed units; and 3.) Under Section 3D(b), which would allow the Town to
institute a 3% short-term rental impact fee on each transaction for multifamily dwellings or owner-
adjacent units. He stated that 35% of the impact fee must go to affordable housing or local
infrastructure projects and the remainder could then go into the Town’s General Fund for
appropriation. The Department of Revenue would collect the fees and then remit the funds to the
Town.
Donna Moultrop, 10 Lockwood Road, explained that the occupant log is needed for public health
officials to track the health status of occupants should an illness present at the dwelling. She also
stated that fees could help to deter some owners from pursuing the short-term rentals because it
would become too costly for them.
ATM Warrant Article 37 - Amend Zoning Bylaw - Site Plan Review
Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 37: Amend Zoning
Bylaw - Site Plan Review. The purpose of this article was to amend the zoning bylaw in order to
better adapt the applicability of Site Plan Review. The amendment would help to better address
the reasonable expectations of the public, abutters, and the Planning Board in regards to plans that
should or should not rise to the review threshold. The hearing was opened by the Planning Board
on Wednesday, January 22, 2020 and is continued until Wednesday, February 12, 2020.
Mr. Creech stated that there are many factors that the Planning Board is reviewing under this article
including: whether or not a meeting or hearing should be public, whether or not to advertise in the
newspaper or by postcard, abutter distance to the site, and number of parking spaces. He stated
that the Planning Board has more work to do on this article and it will be discussed at the hearing
on Wednesday, February 12, 2020.
Warrant Article 38 - Amend Zoning Bylaw - Financial Services
Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 38: Amend Zoning
Bylaw - Financial Services. The purpose of this article was to amend the zoning bylaw in order to
update the table of uses and provide a definition of “Financial Services”. The article proposes to
address the concern of evolving forms of banks and various financial-related uses of commercial
storefronts in order to protect and enhance the vibrancy of the Central Business District. This
would create a supportive environment for a diverse group of uses throughout the Center, and
regulate the use of the limited first floor storefront area and frontage of the Central Business
District. The hearing was opened by the Planning Board on Wednesday, January 22, 2020 and is
continued until Wednesday, February 12, 2020.
Mr. Creech stated that the Planning Board will be revisiting one outstanding item for this article
at the close of the hearing on Wednesday, February 12, 2020. The item is regarding the new Entry
and Use Table H.2-03: Services Delivered to Persons in a Car.
ATM Warrant Article 39 - Amend Zoning Bylaw - Solar Energy Systems
Ms. Kowalski presented the 2020 Annual Town Meeting Warrant Article 39: Amend Zoning
Bylaw - Solar Energy Systems. The purpose of this article was to amend the zoning bylaw in order
respond to the community’s desire to encourage solar energy systems by removing unnecessary
restrictions and providing clear permitting paths for various types of systems. The Planning Board
has a hearing scheduled for this item to open on Wednesday, March 4, 2020.
Mr. Lucente inquired if the proposed article would open up the availability of solar ground
mounted systems in both residential and commercial properties.
Ms. Loomis stated that the availability would be for both residential and commercial properties
and the types of systems are broken down into four different types: Large-Scale Solar Energy
Systems; Canopy Solar Energy Systems; Residential Ground Mounted Solar Energy Systems; and
Building Mounted Solar Energy Systems. The only type that cannot be restricted are the Building
Mounted Solar Energy Systems because they are allowed under Massachusetts General Law
Chapter 40A Section 3. Some of the systems are considered by-right, while others require review
or a special permit (those systems that are greater than 25 kilowatts).
Mr. Sandeen expressed support for the warrant article because it is important to encourage solar
installed on parking lots versus forested land.
Mr. Creech expressed concern at what these systems would look like on a residential property and
the mitigation of visual impacts.
Mr. Canale expressed that further issues will have to be addressed going forward regarding
canopies, while remaining energy efficient.
Wendy Reasenberg, Precinct 8 Town Meeting Member, expressed concern regarding solar panels
taking up too much space in the side yards, backyards, and setbacks. She feels that ground mounted
solar panels are not safe and that they should be separated from the vote at this time.
David Kanter, 48 Fifer Lane, inquired about an empty, grassy lot on his condominium property
and how it would be impacted by this article.
Mr. Hornig stated that the type of property where Mr. Kanter lives would not apply to the proposal
in this article because it is a Restricted Density (RD) Zone (each plan development district in the
Town has their own special list of allowed uses).
Pamela Lyons, Precinct 5 Town Meeting Member, expressed concern in regards to the installation
of ground mounted solar panel systems on residential properties. She is concerned that residents
will cut down large, mature trees in order to make space for the solar systems.
Upon a motion duly made and seconded, the Select Board voted 5-0 to close the Joint Meeting at
8:45 p.m. The Planning Board voted the same.
A true record; Attest:
Stacey Prizio
Department Assistant