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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.