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HomeMy WebLinkAbout2004-04-13-PB-minPLANNING BOARD MINUTES MEETING OF APRIL 13, 2004 The meeting of the Lexington Planning Board held in the Planning Office, Town Office Building, was called to order at 7:35 p.m. by Chairman Harden with members Davies, Galaitsis, Kastorf, Manz and planning staff Garber and McCall - Taylor present. Also present were Michael Roberts and Elizabeth Smith of AvalonBay, Michael Thomas of DCAM, Loren Wood and Bob Bicknell. * * * * * * * * * * * * * * * * * * * * * * ** ARTICLES FOR 2004 TOWN MEETING * * * * * * * * * * * * * * * * * * * * * * ** Article 13 — Redevelopment of the Metropolitan State Hospita - Mr. Harden began the meeting by setting a goal of having the written report on Article 13 available for distribution. to Town Meeting members on Monday, April 26. In order to meet that goal he outlined issues that would need to be addressed, including whether there were any outstanding concerns that need to be addressed before the Board members could support the project. Concerns - Mr. Galaitsis said he had no major concerns; it was only details that needed to be addressed. As to the funding that would be provided to see the Town through a difficult five years he wondered when the guarantee would kick in, would it be at a certain percent of occupancy? Mr. Harden said that he though the concerns about fiscal impacts could be addressed as conditions. He added that revenue neutrality was a goal rather than insurance and that the projections reasonably achieve that goal. Ms. Manx thought that the Board would have to present it more positively. She thought that the $750,000 was great and should be prominently featured. Mr. Galaitsis said he had doubts that the project will be revenue neutral but the other positives are worth the small cost and the Town will have five years to plan for any impacts. Mr. Kastorf said he looked at the work behind the numbers and with a project this size there are no guarantees but he saw nothing to indicate problems. He said it would be great if the assessor could say the numbers were good but he understood that that was not possible. He said he saw nothing to challenge in the numbers. Mr. Harden said he had looked at the numbers closely and had done his own spreadsheet and was comfortable with the numbers from AvalonBay. He indicated that whether the fiscal impact came out as minus $40,000 or positive $20,000 was not that important, it was a good fulfillment of the goal, Mr. Kastorf commented that a number had struck him was that there was an average of 1.56 children per house in Lexington. He felt this would lead to a reasonable assumption that people do not fill every room and then you expect less in an elevated building, etc. Mr. Davies said that the unit mix adjustment that decreased the projected number of school -aged children to 101 gave him a comfort level. Ms. Manz said that there was a level of confidence and the Board should say the projections are reasonably accurate and that the five -year guarantee is "putting their money where their mouths are ". Mr. Harden said he wanted the report to address the fiscal analysis in as much detail as it can to reflect the Board's depth of consideration. Conditions - The Board then discussed possible conditions that they would want to consider recommending as part of the approval of the Met State development. Mr. Galaitsis said he would want to see a good look at the actual plans to ascertain the actual number of rooms. He did not want to see rooms marked as studies or rec rooms if they could be used as bedroom. Mr. Kastorf said that that would be part of the recommendation to the Zoning Board of Appeals as that sort of detail would be included in that application. Mr. Harden asked Michael Roberts what would be presented to Town Meeting, and would it include a typical unit. Mr. Roberts said they do have conceptual floor plans. He said they defined bedrooms as an enclosed room with a closet and a window. There are units that have lofts that are open but they would not allow them to be used as bedrooms. Ms. Smith said they do have lofts in other developments and they monitor the units. In the lease all the residents of an apartment must be listed. She said it is AvalonBay's rule of thumb that there be no more than two people per bedroom. Mr. Roberts said there would be lofts in the Manor homes and in the Medical Building, which is age - restricted, and Minutes for the Meeting of April 13, 2004 2 there might be a few lofts in the CTG building. Mr. Harden said it would be useful to have some conceptual plans at Town Meeting. Mr. Kastorf said it is important to let it be known that the Planning Board will not be finished with the development once the vote is taken, but will be continuing with the process and advising the Zoning Board of Appeals (ZBA). Mr. Davies said they would be available for detailed review to assist the ZBA in its deliberations. The Board took up a discussion of the school -aged children guaranty that had been offered. Mr. Kastorf said that the five- year period should start with 75% occupancy rather than with the issuance of the building permit. Mr. Harden agreed that details need work, for instance when would the number of school -aged children be counted. Mr. Galaitsis said he would like to see the credit to DCAM dropped so it would not deplete the base in the early years. Any money not used would still be returned to the state. Mr. Michael Thomas of DCAM said that that seemed to make sense to him but he would need to confer with senior staff. Mr. Harden said maybe they could eliminate the give back for the first two years and that would help preserve the fund. Mr. Kastorf said that there is no credible evidence that a capital expense would be required because of the development at Met State. Mr. Harden said that the transportation and traffic issues had been addressed with a complete package. He felt that it was always good if they went further but he was willing to accept the offer. The only issue that seemed to remain was the subsidy of tickets to encourage the use of Lexpress and the Alewife Shuttle. Mr. Kastorf asked if the fare subsidy could come out of the $450,000 already committed to and that he would recommend to the Board of Selectmen that some of the money be used that way. However, he was not in favor of the added language that allowed the school transportation funds to be combined with the traffic mitigation funds, as he did not know if the school committee may have factored that money into their recommendation. Mr. Harden wondered when the Lexpress contribution would start? Mr. Roberts said that Selectmen McKenna wanted a formal proposal and to have the contribution start at the issuance of the building permit. He said that he had agreed to that and had committed to buy $10,000 a year in passes for two years and will work on the details with the Transportation Advisory Committee. Mr. Galaitsis asked about the phasing of the units and the affordable units. Mr. Roberts replied that the affordable units were interspersed and so would be produced at the same time as the market rate units. He said that they would start with opening Kline Hall, the manor units and townhouses, followed by the age - restricted units in the Medical building, with the CTG units the last on -line due to the more complicated construction. All demolition would be done at the same time and first. Report Issues Mr. Harden said that his review of the P &S agreement, a.k.a .the Land Disposition Agreement (LDA), had raised the question of what it was subordinate to. He wanted to make sure that the LDA would not over ride the Town requirements, covenants, etc. Mr. Roberts said that he would be happy to supply legal support for that. Ms. McCall - Taylor said that she had read the LDA and the only thing she found surprising was the issue of units being available for sale and that her understanding was that was put in when there was uncertainty about the Town wanting for sale units. However, if unit were to be sold at a later date it would have to be brought back to Town Meeting as the revised PSDUP had specified that the development was to be all rental units. It was agreed that Attorney Steve Swartz would provide an opinion regarding the subordination issue and that would then go to Lexington's Town Counsel for review. Mr. Kastorf reported that some people had expressed surprise that a reduction in the number of units would lead to a reduction in the revenue figures. He wanted to make sure that this stated in the report, so none could claim surprise. Mr. Harden said that the fiscal analysis piece in the report might need to be Minutes for the Meeting of April 13, 2004 modified and the reduction in the number of two bedroom units may negate the positive $20,000 fiscal impact. Mr. Davies asked if the $250,000 for intersections improvements would have to cover improvements in Belmont as well. He was told that that was another issue and the $250,000 was for Lexington only. Mr. Kastorf said that the report should avoid a discussion of the issues with Belmont as they were threatening legal action. Mr. Davies said the report should address local housing needs better and should cite the Comprehensive Plan. Mr. Harden said he felt some residents feel that the Town can wage a battle to stop anything they don't want so he had put in the section of development alternatives but was not entirely sure it should be in the report. Mr. Davies said he thought it was entirely appropriate. Mr. Thomas said that any range of public institutional uses was possible, for instance DYS was looking for additional space. Mr. Kastorf moved that the Planning Board make a resolution requesting a letter from DCAM modifying the 5 -year Education Cost Guaranty by 1) having the five year period commence when the development reaches 75% occupancy; 2) deleting subsection "ii" that releases money from the trust fund if there are fewer than 91 school -aged children from Met State attending the Lexington Public Schools; and, 3) deleting the phrase "In any given year, to the extent the total number of students attending the Lexington Public Schools is more than the actual number of students attending the Lexington Public Schools in 200312004 ". Ms. Manz seconded the motion and it passed on a 5 to 0 vote. Mr. Kastorf moved, and Mr. Galaitsis seconded the motion, that the Planning Board recommend to Town Meeting that Article 13 be passed. The Board voted unanimously in favor. It was agreed that the changes discussed to the report would be incorporated into a draft report to Town Meeting, which will be circulated to the Board and reproduced for distribution on April 26 in anticipation of a vote adopting the report. On a motion duly made and seconded, the Board voted unanimously djourn at 10: 0 p.m. Jo L. Davies, Clerk