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Home My WebLink About2021-03-17-PB-min PLANNING BOARD MINUTES MEETING OF MARCH 17, 2021 Minutes of the Lexington Planning Board Held on March 17th, 2021, Virtual Meeting per Governor Baker’s Order at 7:01 pm Present: Charles Hornig, Chair; Robert Peters, Vice-Chair; Michael Schanbacher, Clerk; Melanie Thompson; and Robert Creech. Also present was Amanda Loomis, Planning Director and Sheila Page, Assistant Planning Director. Mr. Hornig stated that this remote participation meeting was being held in accordance with Governor Baker’s March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during the State of Emergency due to the outbreak of COVID-19. Mr. Hornig provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the process for making a public comment. ****************************TOWN MEETING**************************** 1. Discussion and Review Article 36 Development Surcharge Present for the public discussion: Matt Daggett, Citizen Petitioner for Article 36, Development Surcharge Charles Hornig, Chair, introduced the Agenda item and requested a presentation from Mr. Daggett. Mr. Daggett presented a PowerPoint Presentation titled Article 36: Authorize Special Legislation, Development Surcharge for Affordable Housing, dated March 16th, 2021. Slides presented by Mr. Daggett included a review of the Background and Motivation (Article Concept: Commercial Development, Increased Housing Demand, and Demand Mitigation); Article 6 (STM 2020-2); Outline which covered Linkage Overview (Linking Development to Impact, Linkage Study Process Overview, Example: Somerville Linkage Study, Linkage Study Takeaway); Proposal and Motion (Housing Definitions, Surcharge and Applicability, Surcharge Rate and Application, Linkage Regional Comparison, Barnstable County, Reporting and Assessment, Rate Adjustment Example, Collection and Enforcement, Funds); Modeling and Analysis (Revenue Model Approach, Example: 17 Hartwell Avenue, 17 Hartwell Avenue Overview, 17 Hartwell Avenue Surcharge Example, Hartwell Area Revenue Model, Production Model Approach, Housing Production Model); Outreach and Feedback (Outreach Overview, Landowner Feedback: Existing Conditions, Landowner Feedback: Article 36); Considerations and Conclusion (Housing Mitigation Roadmap, Housing Affordability Gap Is Widening, Demand for Community-Supported Housing*, Rezoning Dramatically Increased Property Value, Development Transportation Mitigation, Cambridge Linkage Increase, Boston Linkage Increase); Conclusion. Mr. Hornig thanked Mr. Daggett for the amendments made to the motion, which addressed several issues. Mr. Hornig requested clarification on the example provided relative to Somerville. How would this apply to renovations? Mr. Daggett provided insight into his Page 2 Minutes for the Meeting of March 17, 2021 conversations with the Building Commissioner. Mr. Hornig requested clarification regarding the Select Board being able to exempt properties under Section 4? Mr. Daggett stated that there was currently not an exemption and would be something that would be better understood through the reporting. Mr. Hornig requested further clarification regarding the ability to exempt properties from the surcharge. Mr. Hornig requested comments from the members of the Planning Board. The following comments were provided.  Melanie Thompson requested clarification about the comparisons of Lexington to cities, and if there were comparable that were communities that were more similar. There was a question if Lexington would be competing with those other comparable communities like Burlington.  Robert Peters requested clarification regarding the necessary skill sets and cost associated with developing the necessary analysis. Also requested was clarification if the rate was set too high, could the Select Board lower the rate. Mr. Peters questioned if Dover projects were exempt from this fee.  Michael Schanbacher requested clarification regarding how the job creation numbers were attained and whether they were specific to a project or thought of town wide. Mr Daggett stated the various types of job creation and the people who would take those jobs. Projections would be required to look regionally to understand the process and methodology. Mr Daggett stated that he would circulate the Somerville study for the Planning Board to review. Mr. Schanbacher requested clarification regarding the Hartwell Avenue example relative to new construction.  Bob Creech stated that he would like to comment on four (4) items. First, Mr. Creech requested clarification of three (3) years vs. five (5) years for the analysis. Secondly, a clarification regarding the ability to hold the fee until the building was occupied. A request for clarification as to whether the Town should match the funds. Mr. Hornig requested insight from Sandhya Iyer, Economic Development Director. Ms. Iyer stated that she did not have any additional input at this time. Mr. Hornig stated that the Citizen Petitioner was looking for a recommendation from the Planning Board. Mr. Hornig stated that he could not support this Article since it opposed the Town’s efforts to attract businesses and new development. Mr. Hornig requested clarification from the Planning Board regarding the level of support from each member.  Ms. Thompson stated that she was a very strong proponent of affordable housing in Town. However, there was a need to increase commercial development to offset the residential tax burden. Ms. Thompson stated that she was afraid that the new HIP District would be scared off with this new fee.  Mr. Peters stated that he felt that this was a very creative way to create affordable and obtainable housing for people living in Lexington. Mr. Peters stated that he was inclined to support this Article and sees the competition with the transportation mitigation fees. Mr. Peters requested that the Select Board set a reasonable fee, considering the other fee payments. Minutes for the Meeting of March 17, 2021 Page 3  Mr. Schanbacher stated that he was in support of Article 36 to create affordable and obtainable housing options. There was a concern regarding the commercial impacts, but felt the Town needed to do something.  Mr. Creech stated that the Article was not breaking new grounds. Mr. Creech stated that he would support this Article. Mr. Daggett responded to the comments made by members of the Planning Board. Robert Peters moved that the Planning Board recommend that Annual Town Meeting approve Article 36. Bob Creech seconded the motion. The Planning Board voted in favor of the motion 3-2-0 (roll call: Melanie Thompson – no; Robert Peters – yes; Bob Creech – yes; Michael Schanbacher – yes; Charles Hornig – no) MOTION PASSED 2. Discussion and Review Warrant Determine Positions on Town Meeting Articles Charles Hornig, Chair, briefly discussed the Planning Board's objective relative to making recommendations to Town Meeting on Articles that were important to them.  Article 26: Petition General Court to Amend Legislation regarding Permanent Transportation Funding Mr. Hornig provided a brief background and the Planning Board's reason to make a recommendation to Town Meeting on Article 26. Mr. Hornig requested comments from members of the Planning Board. All members of the Planning Board stated that they were in favor of Article 26. Robert Peters moved that the Planning Board vote to support Article 26 and recommend approval to Annual Town Meeting. Melanie Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Melanie Thompson – yes; Robert Peters – yes; Michael Schanbacher – yes; Bob Creech – yes; Charles Hornig – yes). MOTION PASSED  Article 31: Street Acceptance: Penny Lane, Winding Road and Luongo Farm Lane Mr. Hornig provided a brief background and the Planning Board's reason to make a recommendation to Town Meeting on Article 31. Mr. Hornig requested comments from members of the Planning Board. All members of the Planning Board stated that they were in favor of Article 31. Robert Peters moved that the Planning Board vote to support Article 31 and recommend approval to Annual Town Meeting. Melanie Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Melanie Thompson – yes; Robert Peters – yes; Michael Schanbacher – yes; Bob Creech – yes; Charles Hornig – yes). MOTION PASSED Mr. Hornig questioned if any members of the Planning Board had any articles on which they would like the Planning Board to take a position. Melanie Thompson, Robert Peters, Michael Schanbacher stated they did not have any other Articles for the Planning Board to consider. Bob Creech recommended Article 35: Amend General Roads Bylaw (Citizens Petition). Page 4 Minutes for the Meeting of March 17, 2021 Mr. Hornig provided clarification regarding Article 35, making a recommendation for the Planning Board to create a committee. Mr. Hornig provided a summary of the Select Board’s recommendation. Mr. Creech decided that the Planning Board should not make a recommendation on Article 35. Mr. Hornig questioned who would like to speak on these articles at Town Meeting. Mr. Creech stated that he could volunteer to present Article 36. Mr. Hornig encouraged the new members to present the other Articles. Melanie Thompson volunteered to present Article 31. Mr. Hornig nominated Mr. Peters to present Article 26. 3. Review of Planning Board Town Meeting Report Recommendations Charles Hornig, Chair, provided a brief review of the remaining reports to be approved. Robert Peters moved that the Planning Board adopt the Report under Article 2 to Annual Town Meeting. Bob Creech seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Melanie Thompson – yes; Robert Peters – yes; Michael Schanbacher – yes; Bob Creech – yes; Charles Hornig – yes). MOTION PASSED Robert Peters moved that the Planning Board adopt the Report for Article 44 to Annual Town Meeting. Michael Schanbacher seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Melanie Thompson – yes; Robert Peters – yes; Michael Schanbacher – yes; Bob Creech – yes; Charles Hornig – yes). MOTION PASSED Robert Peters moved that the Planning Board adopt the Report for Article 45 to Annual Town Meeting. Melanie Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Melanie Thompson – yes; Robert Peters – yes; Michael Schanbacher – yes; Bob Creech – yes; Charles Hornig – yes). MOTION PASSED **********************BOARD ADMINISTRATION************************* 1. Staff Updates No staff updates were provided. 2. Board Member Updates  Bob Creech provided a brief update on the Comprehensive Plan Advisory Committee (CPAC) meeting held on Tuesday, March 16th, 2021. Melanie Thompson stated her support for extending the planning process to deliver the Comprehensive Plan at the end of the year.  Robert Peters provided a summary of the Solar Siting Reform for Massachusetts and Rhode Island Webinar held today, March 17th, 2021. It was noted that the big competition was between our forest land and big companies.  Charles Hornig provided an update regarding his attendance at the Special Permit Residential Development Ad hoc Committee Meeting, held on Tuesday, March 16th, 2021. Minutes for the Meeting of March 17, 2021 Page 5 The Planning Board briefly discussed the schedule for upcoming meetings. Mr. Peters th stated that he was not available for a meeting on March 29. 3. Review of Meeting Minutes for February 23rd, March 3rd, and March 4th, 2021 Robert Peter moved that the Planning Board approve the minutes of February 23rd, March 3rd, and March 4th, 2021. Bob Creech seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Robert Creech – yes; and Charles Hornig – yes). MOTION PASSED ****************************Adjourn************************************* Robert Peters moved that the Planning Board adjourn the meeting of March 17th, 2021. Melanie Thompson seconded the motion. The Planning Board voted in favor of the motion 5- 0-0 (roll call: Melanie Thompson – yes; Robert Peters – yes; Michael Schanbacher – yes; Bob Creech – yes; Charles Hornig – yes). MOTION PASSED Meeting adjourned at 8:33 pm. 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. Town Meeting:  Article 36 presentation, Development Surcharge, dated March 16, 2021 (41 pages).  Artcile 36 proposed motion, Development Surcharge, dated March 16, 2021 (2 pages).  Draft Report Article 2, dated March 10, 2021 (4 pages). Michael Schanbacher, Clerk of the Planning Board