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PLANNING BOARD MINUTES
MEETING OF NOVEMBER 29, 2006
A regular meeting of the Lexington Planning Board held in the Selectmen's Meeting Room, Town Office
Building, was called to order at 6:30 p.m. by Chairman Manz with members Hornig, Canale, Galaitsis,
Zurlo and planning staff McCall-Taylor and Schilt present.
**************************** ARTICLES FOR TOWN MEETING **************************
Ms. Manz described the three projects that the Community Preservation Committee (CPC) has on the
warrant for this evening’s Special Town Meeting. The requests for funding through the Community
Preservation Act (CPA) include a request from the Town Clerk for funds to construct shelving in the vault
in the basement of Cary Hall to maximize storage space for Town records. The Historical Society has
requested funding to match a grant it is eligible for to do a preliminary study for structural work to
stabilize the Hancock Clarke House. The third request is also from the Historical Society, who would like
to install a freight elevator to access storage space in the Depot Building. There has been some concern
with the proposal for the Depot Building, as the use is currently institutional but there is potential that the
building could be converted to a commercial use. The Historical Society has agreed to place a restriction
on the building that if it were sold for commercial use, the CPA funds would be repaid with interest.
Mr. Hornig proposed that the Board take no position on the warrant article, as none of the projects are
under the jurisdiction of the Board. Mr. Canale noted that Ms. Manz had voted to support the proposed
projects. Ms. Manz stated that she cast her vote as a member of the CPC, and not as an endorsement
representing a Planning Board position.
Ms. Manz distributed a handout listing 16 projects the CPC is reviewing for possible placement on the
warrant for the 2007 Town Meeting. She indicated that the CPC would be voting on these projects in
January, and she would like input from the Planning Board at a future meeting on which projects the
Board would endorse. She stated that the pool of available CPA funding would be approximately $2.3
million, and that the statutory language gives limitations on what is allowed to be held in reserve. Mr.
Galaitsis suggested that funding should be held in reserve in the general (non-allocated) fund for when
big-ticket items, such as acquisition of larger parcels for open space, would come on-line. Mr. Canale
stated that the federal statutes were more permissive than the state’s, and those should be considered. The
Board agreed to review the list of the projects and provide feedback to Ms. Manz at a future meeting.
Ms. Manz asked the Board to take a position on the warrant article for this evening’s Special Town
Minutes for the Meeting of November 29, 2006 2
accept MGL chapter 39 section 23D, which overturned the
Meeting as to whether the Town should
Mullin rule (regarding voting on adjudicatory Board matters despite being absent from a public
hearing)
. It was unanimously agreed to support the article.
************************************* MINUTES **************************************
Review of Minutes: The Board reviewed and corrected the minutes for the meeting of November 15,
2006. On a motion duly made and seconded, it was voted to approve the minutes as presented.
********************************* ZONING INITIATIVES *******************************
Mr. Zurlo stated that since he was not a member of the Planning Board when the proposed Inclusionary
Housing by-law was developed, he would like to discuss a few elements that he would like the Board to
revisit. He noted that he fully supported the by-law, but he would like to see the issue of providing
affordable housing treated more equitably. He has researched demolition permits issued for the removal
of single-family homes over the past three years and discovered that there have been more than 180
teardowns, which is more than the number of housing units the Planning Board has approved in new
subdivisions since 1998. Mr. Zurlo stated that he feels that the houses being constructed to replace the
teardowns are the main culprits for the dramatic change in affordable housing values in town, in addition
to changing the density of the landscape. He feels the developers of replacement housing units should
contribute to providing affordable units.
Mr. Hornig noted that teardowns are not a density threat, as it is one house replacing another. Ms.
McCall-Taylor stated that the replacement houses were a lot coverage issue. Mr. Hornig stated that these
same concerns were a political hot button several years ago when Town Meeting attempted to address
mansionization. Mr. Zurlo stated that the Board has a policy to approve moderately sized houses by
preparing a neighborhood profile for reduced frontage subdivisions, and he feels there should be a similar
policy for teardowns. There is unfairness in placing restrictions upon those who need approval of a
special permit compared to those units allowed by right. Mr. Hornig noted that the special permit process
fulfills legal obligations, and suggested that requiring a special permit for houses above a certain size
might be a legitimate cause. Mr. Zurlo concurred, and suggested that another option may be to require a
special permit where building footprints increased two-fold. He added that the options for teardowns
could be to require a fee in lieu of providing affordable units, and that by doing so the Town would
receive significant funding to acquire or construct affordable units given the number of teardowns. Mr.
Hornig stated that implementing such a transfer tax would not be supported by the legislature, but noted
Minutes for the Meeting of November 29, 2006 3
that the town could tax every property proportionate to its value to contribute to a housing fund, but it
may not be supported politically.
Ms. McCall-Taylor asked if the Board wanted to make changes to the proposed bylaw before going
forward with it, or if it would rather wait and amend it at a later time. Mr. Galaitsis stated that he felt that
the by-law as it is currently written is not fair, as people invested in their property as a nest egg for their
retirement, and they should have the ability to reap the benefits from being able to subdivide. He added
that cluster subdivisions, which offer more units than that permitted in by-right developments and which
were enacted to encourage and enable production of diverse housing, should be the means to develop
affordable housing. Ms. McCall-Taylor stated that those who acquired properties several decades ago had
no guarantee that their land would see such an increase in value. Ms. Manz added that ownership does not
guarantee that there are future rights to subdivide a property.
It was agreed that the Board would continue the discussion about the Inclusionary Housing by-law at a
future meeting, given the need to adjourn to attend the Special Town Meeting.
On a motion duly made and seconded, it was voted to adjourn the meeting at 7:25 p.m.
Gregory Zurlo, Clerk