HomeMy WebLinkAbout2020-09-30-PB-STM#3-rpt (Article 17)Town of Lexington
PLANNING BOARD Robert D.Peters,Vice Chair
1625 Massachusetts Avenue Ginna Johnson, Clerk
Lexington,MA 02420 Richard L. Canale
Tel(781)698-4560 Charles Hornig
planning@lexingtonma.gov Michael Leon, Associate
www.lexingtonma.gov/planning
RECOMMENDATION REPORT OF THE LEXINGTON PLANNING BOARD
ARTICLE 17: AMEND ZONING MAP--
BEDFORD STREET NEAR HARTWELL AVENUE (CITIZEN PETITION)
RECOMMENDATION
On Wednesday, September 30, 2020, after a series of public hearings,the Planning
Board voted to recommend that Town Meeting refer Article 17, Amend Zoning Map -
Bedford Street Near Hartwell Avenue (Citizen Petition) to the Planning Board with a
vote of three (3) in favor, one (1) opposed, and zero (0) in abstention,
Note: Robert Peters recused himself from the public hearing process for Article 17.
SUMMARY
Charles Hornig and nine (9) other voters petitioned the Town to amend the Zoning Map
to move the property at 475 Bedford Street (the former Boston Sports Club) from the
RO (One-Family Residential) to the CM (Manufacturing) and TMO-1 (Transportation
Management Overlay) districts used for commercial properties along Hartwell Avenue.
This change would mean that the property could no longer be used for one-family
housing, but could take advantage of those uses permitted in the CM District.A sports
club would continue to be permitted in either case.
The property is surrounded by the GC (Government-Civic) zoning district (National
Guard Armory) and the RD-1 (Planned Residential) zoning district (Drummer Boy
Homes). It faces the CRO (Regional Office) zoning district across Bedford Street. It is
crossed by easements for regional electric power transmission and a natural gas
pipeline and bordered by wetlands on two sides. It was formerly used as a sports club
with indoor and outdoor facilities. It is currently vacant.
JUSTIFICATION FOR RECOMMENDATION
Major4 Consensus
Three members of the Planning Board voted to refer Article 17 to the Planning Board so that
site-specific zoning—in coordination with the Hartwell District Zoning could be developed
that accomplishes Town goals in a mixed-use development. Although the members do not
believe that 475 Bedford Street, currently zoned RO, is appropriate for one-family
residential,the current by-right uses allowed in the proposed CM district would also not be
appropriate. Zoned as a CM district, hotels, fast food franchises, or parcel distribution centers
could be located here by right—at a visible gateway to Lexington and adjacent to residential
neighborhoods. Moreover, in combination with the very permissive dimensional controls
proposed for the Hartwell District, the large site could be developed with buildings 115' tall
with only 50'-setbacks from the property line. Finally, given the residential abutters, the
members felt that it was important to undertake the robust, inclusive public process set as a
goal by the Select Board and the Planning Board at joint meetings. The public meetings that
were held were agenda items for staff and consultant updates and hearings for proposed
articles, not community workshops with dialogue and a range of opinions solicited and
incorporated into a consensus proposal. According to Hartwell Initiative timelines presented
by staff, public outreach and site-specific zoning proposals could be developed for 475
Bedford Street in time for approval at 2021 Annual Town Meeting.
Article 17 proposes to rezone the property at 475 Bedford St from One-family CRO)
Zoning to Manufacturing (CM) Zoning. The property was formerly used for commercial
use, but its former tenant has vacated. The Planning Board voted to recommend that
Town Meeting refer this Article to the Planning Board in order to allow additional
research and review as to how this valuable transition site could best be redeveloped.
Given the wide range of uses permitted in the CM District and its permissive
dimensional standards, the Town would have little control over what was developed by
right. If this parcel were developed under a PD (Planned Development) district, it would
be more likely to be developed as a life science project,than under the proposed zoning.
The property is located next to the Drummer Boy condominiums. The busy Bedford
St/Hartwell Avenue intersection presents both traffic challenges and an excellent
opportunity for commercial or mixed-use projects. The Planning Board felt that
rezoning of 475 Bedford Street, as proposed, may produce inappropriately sized
structures and uses that are not in the best interest of the Town. There were further
concerns about the implications of by-right development at this location that would
prevent oversight of uses, site design, and traffic. Relative to its location, some members
of the Planning Board stated that the property would be best suited for rezoning via a
Planned Development district. This would allow the owner, the Planning Board, Select
Board, and other stakeholders to provide input into this property's future. Town
Meeting approval would then be required. Other members asked that Planning staff
prepare zoning for the Spring Town Meeting to integrate with the adjacent residential
district, create a gateway to Lexington, anticipate future traffic expansion options and
coordinate with the Hartwell rezoning.
MinorLty
One member feels that 475 Bedford Street should be zoned consistently with the other
commercial properties to the south of Bedford Street, rather than remain an isolated
one-family zoning district. The former tenant has recently filed for bankruptcy and the
property's future, whether rental or redevelopment, is uncertain. The Town needs to
make clear what it wants to see on this property. New life-science redevelopment could
easily bring more than $2,000,000 in additional property tax revenue each year, in
addition to mitigation and permit fees. The Town cannot afford to wait indefinitely for a
perfect plan.
PUBLIC HEARING PROCESS
Due to COVID-19, all of the zoning articles initially scheduled for the 2020 Annual Town
Meeting were postponed to a Fall 2020 Special Town Meeting. Due to the length of time
between the Annual and Fall Special Town Meetings, the Planning Board was required
to hold new public hearings.To ensure all information heard during the public hearings
2
has been communicated, this section of this report provides a review of the public
hearings held for both the 2020 Annual Town Meeting and Fall 2020 Special Town
Meeting.
Annual Town Meeting Public Hearing Proceedings (February- March 2020)
On Wednesday, February 26, 2020, after the publication of a legal advertisement in the
Boston Globe newspaper on February 11, 2020, and February 18, 2020, the Planning
Board opened its public hearing for Article 44: Bedford Street near Hartwell Avenue.A
continued public hearing was held on Wednesday, March 4, 2020. On Wednesday,
March 4, 2020, the Planning Board took public testimony, closed the public hearing, and
made a recommendation to the Annual Town Meeting of 2020.
PUBLIC HEARING MINUTES
MAxctt 4,2020
Robert Creech, Chair, opened the public hearing and requested a presentation from the
Citizen Petitioner.
Robert Peters recused himself from Article 44: Bedford Street (Citizens Petition) and
left the Select Board Meeting Room.
Charles Hornig presented a PowerPoint presentation entitled Article 44: Bedford Street
near Hartwell Avenue, dated March 4, 2020. Said exhibition presented Why This
Change?Covering the property 475 Bedford Street.
Mr. Creech requested comments from members of the Planning Board.The following
comments were provided.
• Ginna Johnson requested clarification as to the public outreach to abutters, in
addition to public engagement.
® Richard Canale requested clarification about where residential housing could be
located within the Hartwell Avenue area. That was a pivotal point from the
consultants who had pointed to this parcel as a potential transition area between
commercial and residential uses. Mr. Canale stated that this property at 475 Bedford
Street seems to be a better site for mixed multi-family housing and commercial uses,
as proposed for this site. Mr. Canale stated that this property needs to be further
studied with input from both the owner and the public.
® Ms. Johnson stated that the site could become a high-density office building. Ms.
Johnson noted that the Town has a fascinating opportunity for a PD project.
Fall Special Town Meeting Public Hearing Proceedings {September 2020
On Monday, September 14, 2020, after the publication of a legal advertisement in
the Minuteman Newspaper on August 27, 2020, and September 3, 2020, and
notification sent to parties of interest,the Planning Board opened its public hearing
for Article 17, Amend Zoning Map - Bedford Street Near Hartwell Avenue (Citizen
Petition). Continued public hearings were held on Wednesday, September 23, 2020
and Wednesday, September 30, 2020.At such time the Planning Board closed the
3
public hearing and made an unfavorable recommendation to the Fall 2020 Special
Town Meeting.
PUBLIC HEARING MINUTES
SEPTEMBER 14,2020
Robert Creech, Chair, opened the public hearing for Article 17, Amend 'Zoning Map -
Bedford Street Near Hartwell Avenue (Citizen Petition).
Robert Peters recused himself from the review and recommendation for Article 17,Amend
Zoning Map - Bedford Street Near Hartwell Avenue (Citizen Petition).
Present for the public hearing: Charles Hornig, Citizen Petitioner
Mr. Hornig stated that he is representing himself and not any board or committee
that he serves on. Mr. Hornig presented a PowerPoint presentation for Article 17,
Bedford Street near Hartwell Avenue (Citizen Petition], which included an overview
of Why This Change?,which would make the zoning of 475 Bedford Street
consistent with the other commercial properties on Hartwell and across Bedford
Street.
Mr. Creech requested comments from the members of the Planning Board. The
following comments were provided.
® Richard Canale provided his thoughts on mixed residential and commercial
development on the proposed parcels on Bedford Street. It was noted that
these parcels are near single-family residential and could serve as a
transition from single-family to commercial development.
• Mr. Creech identified issues with this area, which included traffic. Mr. Creech
noted that this parcel is one of the properties identified by Mr. Brovitz for
residential uses.
® Mr. Hornig provided a review of housing that is presently permitted,which
includes single-family residential housing. Single-family housing is not the
type of housing that the Town wants to see in this location.
® Ginna Johnson provided her thoughts regarding this parcel not being suitable
for single-family, but may not be suitable for additional development. Ms.
Johnson noted the need for vegetated buffers and her concerns regarding by-
right uses that would not regulate how a site looks.
Mr. Creech opened the floor for public comment. The following comments were
provided.
® The property owner in question noted that the parcel could not be developed
to as high a Floor Area Ratio (FAR) as claimed by opponents due to its
physical constraints. The property is not suited to one-family housing but is
suitable for commercial development. Redevelopment of the current run-
down facility would be beneficial.
4
I
® A statement that this parcel should be created as a transition due to its
proximity to residential uses.
SEPTEMBER Z3.2020
The Planning Board agreed to hold their discussion on Article 17, until September
30, 2020, at 7:00 p.m. but allowed for public comment.
SEPTEMBER 3 0„2 020
Robert Peters recused himself from the public hearing for Article 17.
Robert Creech, Chair, opened the public hearing for Article 17 and requested an
update from Mr. Hornig.
Mr. Hornig provided a brief review, noting that there was not much to the
Article. Mr. Hornig stated that the property's current owner faces a significant
decision with its former tenant filing bankruptcy.
Mr. Creech requested comments from the Planning Board. The following
comments were provided.
• Richard Canale provided a review of conversations with the owner of the
property. Mr. Canale noted that this property is not suitable for single-
family residential but also not manufacturing. It was further pointed out
that this is an opportunity for a Planned Development District. Mr.
Canale stated that the owner should work with the Town to identify
what should be located at the property, Mr. Canale concluded that the
Town and the property owner should start having conversations about
what should go at this property.
® Ginna Johnson stated that this Article does not have enough public
outreach or consensus building. Ms. Johnson provided an opportunity for
development but needs to be planned carefully. Such uses may include
housing, a grocery store, recreational fields, etc.Without proper
planning, the project should wait.
® Mr. Creech stated that he concurs with the other members of the
Planning Board.
® Mr. Hornig stated that the Planning Board members are missing its big
issue, in that the owner could release the property to a 2nd or 3rd tier
sports center.
Mr. Creech opened the floor for public comments. The following statements
were made.
• A public member stated that the Economic Development Advisory
Committee has unanimously voted to support this Article.
On September 14, 23, and 30, 2020, the Planning Board opened the floor for public
comments. Public comments were received on September 14, 23, and 30, 2020.All
5
comments can be reviewed on the public hearing's video stream capture and the
associated meeting minutes.
Planning Board Mote
Ginna Johnson moved that the Planning Board recommend that Town Meeting
refer Article 17 to the Planning Board for additional review and development.
Richard Canale seconded the motion. The Planning Board voted in favor of the
motion .3-1-0(Roll Call.Ginna Johnson -yes, Richard Canale-yes;Charles Hornig-
no;Robert Creech -yes).MOTIONPASSED
Robert Creech. . .. .. . . . . . . . .. . . . . . . . . .yes
Ginna Johnson. . . . . . . . . . . . . . . . . . . . .yes
Richard Canale . . . . . . . .. . . . . . . . . . . . . . . .yes
Charles Hornig. . . . . . . . . . . . . . . . . . . . . . . . . . no
Record of Vote
On May 13, 2020,the Planning Board voted to allow the Planning Board Chair to sign
documents on behalf of the Planning Board.
Charles Hornig moved that the Planning Board allow the Chair of the Planning Board to sign
all documents for the Planning Board during the COVID-19 State of Emergency. Robert Peters
seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll Call.Robert
Peters-yes;Charles Hornig-yes;Richard Canale-yes; Ginna Johnson -yes;and Robert
Creech -yes).MOTION PASSED
Signature of the Planning Board
Signatures of mority of the Planning Board,
Robert Creech, Chair
6