HomeMy WebLinkAbout2004-12-16-HPB.min
Lexington Housing Partnership
Meeting Minutes for December 16, 2004
LHP Members Present:
Florence Baturin Jeri Fouter Ken Kreutziger Iris Wheaton
Bob Bicknell Anne Frymer Paul Linton Bill Carlson (Alt.)
Betsy Weiss Tom Harden Inky MacDougall Dick Wolk
Harriet Cohen Mary Haskell Winifred McGowan
Guest Attendees
: Joe Marino (Homes Development Corp.), John Esserian (Homes Development Corp.),
Marilyn Fenollosa (Lexington Historical Commission), Peter Kelley (Selectman), Eric Shapiro (Battle
Green Inn) and others representing Homes Development Corp. and the Battle Green Inn.
Bob Bicknell chaired the meeting; Harriet Cohen took the minutes.
The meeting was called to order at 7:09 pm.
1. Open Meeting – Introductions
Mr. Bicknell urged the Partnership members to focus their comments on affordable housing during
the presentations by Eric Shapiro, owner of the Battle Green Inn and Joe Marino of Homes
Development Corp.
2. Presentation by Eric Shapiro – Battle Green Condo Project (“Terrace Gardens”)
Mr. Shapiro spoke on his plans to convert the Battle Green Inn to a mixed use (retail and
residential) facility. The plans call for 35 units with 3 affordable units. Neither Mr. Shapiro nor the
architects were willing to give an estimate as to the price of either the market rate units or the
affordable units. The questions indicated some concern on the part of the Partnership with a less
than 10% ratio of affordable housing, especially if the project is referred to as “Smart Growth”.
nd
The project Pro-Forma will be reviewed with the planning staff on December 22 and this will
provide the town with the opportunity to encourage the inclusion of more affordable units as well as
affordable retail space.
3. Presentation by Homes Development Corp – LIP Proposal for Piper Road
Homes Development Corp. is proposing a development on a 1.3 acre parcel of land surrounded by
Piper Road, Waltham Street, and Route 2. The property consists of 2 separate parcels, both of
which have been purchased by Homes Development Corp. Homes Development Corp. is proposing
8 condominium units in 3 buildings. Each unit is about 2,000 square feet. 25% or 2 units are
affordable, per the comprehensive permit program. The expected sale price is $625,000 to $650,000
per unit for the market rate units and $209,000 and $242,000 for the affordable units. It was
suggested that consideration be given to proposing inclusion of accessory apartment units to
provide more affordable units as well as reduce mortgage costs for the market rate units. Both
these projects raise the question of controlling condo fees and deed restrictions for the affordable
sale units.
4. New Business
Mr. Bicknell brought forward a proposal to discuss promotion of the Community Preservation Act
(CPA) and sponsorship of related Warrant Articles for the 2005 Town Meeting. A study of towns
participating in the CPA to this point indicates that all have gotten a 100% match from the state,
and this 100% match is expected to continue – provided the state government decides not to poach
the fund for non-CPA uses. If that does happen, the 100% match will be less likely.
Lexington Housing Partnership
It was noted that approval of the CPA would require a great deal of effort on the part of the
Partnership to promote the concept for Town Meeting members as well as the citizens of the town
who must approve application of the act in a town wide election.
Close coordination will be maintained with other interested town entities, including the
Conservation Commission (Dick Wolk) and the Historical Commission (Marilyn Fenollosa).
Mr. Bicknell asked for volunteers to form a sub-committee to help move CPA forward.
5. Hear Reports from Sub-committees
Zoning By-Law Changes
(Mary Haskell)
The Town no longer has the money to fund assistance from Phil Herr with zoning regulation
proposals. Ms. Haskell and Mr. Bicknell, with help from the town, have submitted a grant
request to CHAPA to fund further services from Mr. Herr. The Board of Selectmen endorsed
the project with instructions to the Partnership that coordination of any inclusionary zoning by-
law must be extremely well coordinated with local building contractors as well as realtors.
The Planning Board is moving forward with an accessory apartments by-law for the 2005
Warrent.
HOME Consortium
(David Burns)
Mr. Burns was not present.
Exploring Options
(Iris Wheaton)
It appears there is an affordable housing restriction in the state by-laws. See the attachment for
the wording.
6. Report from the chair
Consolidated Housing Plan Review by the Planning Board
Met with the Planning Board on Dec 8. Comments on the Plan were received relating to the
ideas associated with demolition delays. This section was rewritten to emphasize the
development of techniques to find out early-on about potential demolition actions so that
alternatives can be explored.
At this meeting the Partnership was encouraged to bring the CPA before Town Meeting at the
2005 session.
MAGIC Meeting December 9, 2004
Attended the MAGIC meeting with Richard Canale. Heard the presentation by Home@Last, a
group promoting Affordable Housing in consort with CHAPA (Citizens’ Housing and Planning
Association). They use a video and power point presentation designed to reach the citizens in a
community who need enlightenment about the need for affordable housing. It was designed
more for communities with buildable spaces. I had doubts about its relevance for Lexington
and our need to address modifications to existing housing. Articles appeared in this week’s
Minuteman summarizing the Home@Last material.
Lexington Housing Partnership
Workshop on Working with 40B December 10, 2004
Attended this workshop with Dave Burns to learn others experience with 40B projects.
Learned that once a community has fully permitted a project it counts on the inventory. Once a
community reaches 10%, then 40B permits can be rejected because the community has reached
10%. Once the Avalon Bay project is fully permitted, Lexington should be able to control 40B
projects. The concept of using a LIP to deal with proposals as friendly comprehensive permits
could then become more prevalent.
7. Old Business:
Approval of the minutes:
the minutes for the November meeting were approved as written
Appointment of liaisons to pending housing activities:
Homes Development Corp LIP – Arthur Katz
Chapter 40B Grandview Avenue – Inky MacDougall
Battle Green Condominiums – Iris Wheaton and Tom Harden
Hanscom Field Housing Proposal – Paul Linton
Franklin School Apartments – Bob Bicknell
Report of the nominating committee
: Mr. Burns indicated that he would be willing to serve
another term as the vice-chairperson.
The meeting adjourned at 9:04 p.m.
The next meeting will be Thursday, January 27, 2005 at 7pm in room G-15 of the Town
Offices.
Members are reminded of the Exploring Options subcommittee meeting on Wednesday,
January 12, 2005 at 3:45 pm in Room 111 of the Town Offices.
Attachment 1: Excerpt from Chapter 184 of the General Laws of Massachusetts
Lexington Housing Partnership
Attachment 1.
GENERAL LAWS OF MASSACHUSETTS
PART .
REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
TITLE I.
TITLE TO REAL PROPERTY
CHAPTER 184.
GENERAL PROVISIONS RELATIVE TO REAL PROPERTY
Chapter 184: Section 31 Restrictions, defined
Section 31. . . . . . . . . . . . .
An affordable housing restriction means a right, either in perpetuity or for a specified number of years,
whether or not stated in the form of a restriction, easement, covenant or condition in any deed, mortgage,
will, agreement, or other instrument executed by or on behalf of the owner of the land appropriate to (a)
limiting the use of all or part of the land to occupancy by persons, or families of low or moderate income
in either rental housing or other housing or (b) restricting the resale price of all or part of the property in
order to assure its affordability by future low and moderate income purchasers or (c) in any way limiting
or restricting the use or enjoyment of all or any portion of the land for the purpose of encouraging or
assuring creation or retention of rental and other housing for occupancy by low and moderate income
persons and families. Without in any way limiting the scope of the foregoing definition, any restriction,
easement, covenant or condition placed in any deed, mortgage, will, agreement or other instrument
pursuant to the requirements of the Rental Housing Development Action Loan program or the Housing
Innovations Fund program established pursuant to section three of chapter two hundred and twenty-six of
the acts of nineteen hundred and eighty-seven or pursuant to the requirements of any program established
by the Massachusetts housing partnership fund board established pursuant to chapter four hundred and
five of the acts of nineteen hundred and eighty-five, including without limitation the Homeownership
Opportunity Program, or pursuant to the requirements of sections twenty-five to twenty-seven, inclusive,
of chapter twenty-three B, or pursuant to the requirements of any regulations or guidelines promulgated
pursuant to any of the foregoing, shall be deemed to be an affordable housing restriction within the
meaning of this paragraph.