Town Manager Statement on Rezoning of 475 Bedford St.

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Sean Dugan

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Feb 4, 2022, 12:46:53 PM2/4/22
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Good afternoon Town Meeting Members,

                       Below is a statement from Town Manager Jim Malloy that adds additional context and clarification to previous comments made regarding the rezoning of 475 Bedford Street:

 

I want to reassure Town Meeting Members, and Mr. Richard Canale, that Lexington’s place on the Transportation Improvement Program (TIP) federal funding for complete street improvements to Bedford Street and Hartwell Avenue is unlikely to be affected by the outcome of pending zoning of 475 Bedford Street.

Mr. Canale fears the funding is dependent on re-zoning for multi-family housing. According to the Boston Metropolitan Planning Organization (MPO), which scores and recommends projects for federal funding, housing counts 3 points out of a possible 100 points on TIP projects.   Again, the threat that not re-zoning for multi-family housing on Hartwell Ave or Bedford Street will result in the loss of $50 million in Federal funding is unfounded and inaccurate. 

I am attaching minutes of the May 16, 2019 MPO meeting in which State Representative Ciccolo and I addressed the issues of economic vitality and needed roadway improvements.  I indicated in response to a question that the Town’s rezoning efforts are focused on promoting housing and other mixed uses.  As Town Meeting Members are aware, the Town has been working on a Special Permit Residential Development (SPRD) zoning bylaw for the past few years, among other housing initiatives.  While the Town would like to see workforce housing near the Hartwell area, I never committed the Town to re-zoning for multi-family housing along Bedford Street west of Route 128.

I felt it was important to give Town Meeting Members the confidence in knowing that I made no commitment to re-zoning Bedford Street for housing.  Therefore, not re-zoning for housing would not result in a loss of $50 million in Federal funding.

Thank you,

Jim Malloy, Town Manager

 

 

Sean Dugan|Public Information Officer

Town of Lexington|Town Manager’s Office

1625 Massachusetts Avenue

Lexington, MA  02420

(direct) 781-698-4548
Sign up for Town of Lexington email alerts

 

MPO_0718_Draft_Minutes_0516.pdf

Avram Baskin

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Feb 4, 2022, 3:00:29 PM2/4/22
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This is useful information, but I don’t think it is relevant the core debate we are having — whether to rezone to facilitate another lab or to keep the current zoning to facilitate development of multiple affordable housing units.  Mr. Malloy mentioned workforce housing, but I don’t think that was part of our discussion about affordable housing.  The information from Mr. Malloy does not change how I’m going to vote.  I remain against the rezoning of 475 Bedford Street.

Avram Baskin
Precinct 2

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andrei rădulescu-banu

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Feb 4, 2022, 6:19:28 PM2/4/22
to Avram Baskin, Town Meeting Members
Thank you Mr Malloy for the information. 

Andrei Radulescu-Banu, Pct 8

Umesh

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Feb 5, 2022, 4:20:16 AM2/5/22
to andrei rădulescu-banu, Avram Baskin, Town Meeting Members
Thank you, Mr. Malloy (and Mr. Dugan), for this critical and relevant post. 

Umesh Shelat, P7

Richard Canale

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Feb 6, 2022, 2:32:17 PM2/6/22
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It is good to hear from the Town Manager about what he believes he conveyed to the Boston MPO members at his and Rep. Ciccolo’s Hartwell Public Comment transportation plans presentation to the Boston MPO on May 16, 2019. He stated he believes he did not commit to residential use in the Hartwell rezoning efforts that were underway. I was present at that meeting and I re-listened to the recording: I do have a different take. More importantly, did MPO members come away thinking there was a commitment to residential in the rezoning in the “corridor” based upon the Town Manager discussion of residential and mixed use in three separate instances in his presentation and in his response to a question? Rather than Town Meeting members weighing any individual interpretation by others, Town Meeting members can decide for themselves by directly listening to the recording. You can find the recording here: https://www.bostonmpo.org/calendar/day/20190516

The Public Comment section presentation and Q&A regarding the Town’s Long Range Plan request starts at 9:45 minutes and runs through 19:35 minutes of the recording.

No matter whether a commitment was made at the time, we should know on what basis the MPO will use when deciding whether to place the Hartwell transportation project in a future Transportation Improvement Plan (TIP) at a $50M level or at any other level. How important are objective “scores” on certain metrics? How important a role does wealth equity and fairness have in the decision making to temper objective scores?

I never said the rezoning of 475 Bedford Street, alone, would determine the outcome of MPO funding, I did say it was a key factor going forward. It would be better if the Town Manager, the Select Board, and the Planning Board would clearly outline the Town’s equity commitment to housing at Hartwell and within the Town itself, so one would not have to guess.

I intend to email the list again soon to further discuss:

1.     The Status of the Hartwell rezoning efforts on May 16, 2019, especially with the findings of the Town’s three sets of paid consultants along with the significance of 475 Bedford Street in that status. I will also comment on the current status, realizing I am in the dark about many issues (for the 2022 Annual Town Meeting, there is no zoning article for SPRDs, there is an Article for non-mixed-use OSRDs town-wide, and an Article for mixed-use 6 story buildings in the Town Center CB District).

2.     The MPO’s commitment to environmental justice and a history of transportation funding in similar Route 128 commercial development expansions with (or without) housing components. This will help us all understand what Lexington’s chances are to get Federal funding.

 

Richard Canale,

TMM pct 9

 


On Feb 4, 2022, at 12:46 PM, Sean Dugan <sdu...@lexingtonma.gov> wrote:

Richard Canale

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Feb 6, 2022, 4:30:39 PM2/6/22
to LexTMMA, Avram Baskin

Amend Zoning Bylaw - Mixed_Use Developments and Multi-Family Housing

The Planning Board will hold a public hearing on Wednesday, February 16, 2022 at 7 p.m. via a virtual meeting to consider a zoning and map amendment to allow mid-rise mixed-use multi-family development in the Center Business Zoning District by increasing the allowed bulk and height of buildings, decreasing required parking for residential uses, permitting expansion of buildings with nonconforming parking, expanding the District to include adjacent nonresidential areas, and requiring the addition of inclusionary housing units.

A link to the meeting is posted at https://www.lexingtonma.gov/planning-office/pages/access-virtual-meetings.

Richard Canale, pct 9 TMMM

On Feb 6, 2022, at 3:56 PM, Avram Baskin <avram....@me.com> wrote:

Is the Article you referred to in item 1, below, that would change the zoning for the central business district, Article 36?  Article 36 doesn’t reference the CB.  How do you know the CB would be included?  Is there somewhere in the zoning regulations with more details that shows it would apply to the CB?

For what it’s worth, I would be opposed to that change in the zoning.


Ruth Thomas

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Feb 6, 2022, 5:15:23 PM2/6/22
to Richard Canale, LexTMMA, Charles Hornig (Town)
Please during the PB presentation have ready answers to just where cars could park all hours, all seasons in the proposed district south of Mass. Ave.

"8.7.2 Expansion, Reconstruction or Replacement of a Building.
1. If a building, Buildings for which sufficient off-street parking or loading is not provided, is destroyed, damaged or
demolished by the owner, the building may be expanded, reconstructed or replaced if otherwise permitted by this
bylaw, without providing additional parking spaces or loading bays provided the new building has the same or less
net floor area and the new uses require the same or fewer parking spaces or loading bays. If parking spaces or
loading bays were provided before the destruction, damage, or demolition, At least the same number of spaces or
bays shall be provided.

2. If the uses require a greater number of parking spaces or loading bays, or if more net floor area is to be constructed
than previously existed, full compliance with §5.1 for the entire building shall be a condition of the issuance of any
building permit for the expansion, reconstruction or replacement of the building"

The first sentence under 1. is rather long!

Ruth  Thomas, 4


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Richard Canale

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Feb 15, 2022, 8:51:19 AM2/15/22
to Richard Canale, LexTMMA


On Feb 6, 2022, at 2:32 PM, Richard Canale <richard...@gmail.com> wrote:

I intend to email the list again soon to further discuss:

1.     The Status of the Hartwell rezoning efforts on May 16, 2019, especially with the findings of the Town’s three sets of paid consultants along with the significance of 475 Bedford Street in that status. I will also comment on the current status, realizing I am in the dark about many issues (for the 2022 Annual Town Meeting, there is no zoning article for SPRDs, there is an Article for non-mixed-use OSRDs town-wide, and an Article for mixed-use 6 story buildings in the Town Center CB District).

I wrote to the TMMA list that I would discuss the Town’s Efforts in “committing" to housing within the Hartwell Initiative and its implications for 475 Bedford Street rezoning and MPO funding. Here is what is in Lexington’s record:

In addition to the actual statements made directly to the Boston MPO, I am including documentation of Lexington staff’s and Lexington elected Boards’ record on a “commitment” to housing within the Hartwell district. I believe the Town’s efforts from its first considering the Hartwell rezoning efforts of a few years ago to the present time would lead anyone to understand why Boston MPO members might have a different view about the Town’s commitment.

The Town’s made statements to the MPO in May 2019. The Hartwell Initiative began in 2017. We have three sets of Lexington’s paid consultants who stated, before May 2019, that 400+ units of housing within the Initiative was critical to the commercial success including Lexington’s economic consultant who advocated for 200 units of housing at 475 Bedford Street within three years of Hartwell rezoning and 200 units elsewhere.

After May 2019, Lexington Boards and Staff continued to present the vision of Hartwell as mixed use, including an October, 2019 presentation to the Selectmen and Planning Board that included a slide that lists 475 Bedford Street as “Mixed Use Rede.; L/S Lab, Comm. Office; Retail, Restaurant; Multi-Family and Parking Garage”.

In the Fall, 2020, the Lexington Land Use, Housing, and Economic Development Presentations included the statement that the Development of Hartwell rezoning phase-ll will focus on housing with Collaboration with the SPRD Ad-Hoc Committee and will be presented to the 2022 Annual Town Meeting.

Within that 2021 time period, Lexington held an outreach meeting on Transportation, in which one of the voting MPO members was a presenter.

All of this is documented here (except for the RKG Study) https://www.lexingtonma.gov/economic-development/pages/hartwell-rezoning-initiative

I never said that MPO funding was dependent on 475 Bedford Street being rezoned with residential use. What I said was, “Importantly, the Town’s financial consultant targeted 475 Bedford Street as a location to place 200 of the needed 400+ units of housing at Hartwell, especially because its owners advocated multi-family housing there. If we can’t get multi-family housing here, then Town officials need to tell us where these units would be located or say how we would qualify for MPO funds.

I would appreciate a response from the Select Board, Planning Board, and Town Manager before Town Meeting.

Richard Canale, pct 9 TM member

Richard Canale

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Feb 15, 2022, 8:57:04 AM2/15/22
to LexTMMA, Richard Canale
On Feb 6, 2022, at 2:32 PM, Richard Canale <richard...@gmail.com> wrote:

I intend to email the list again soon to further discuss:

2.     The MPO’s commitment to environmental justice and a history of transportation funding in similar Route 128 commercial development expansions with (or without) housing components. This will help us all understand what Lexington’s chances are to get Federal funding.

I wrote to the TMMA list that I would discuss the Town’s Efforts in “committing" to housing within the Hartwell Initiative and its implications for 475 Bedford Street rezoning and MPO funding. Here is a study outlining the relationship of housing to transportation in large scale commercial developments:

The Boston MPO has multiple criteria in choosing which potential projects are placed on a Transportation Improvement Plan (TIP). The MPO works to ensure that the region’s transportation network provides a strong foundation for economic vitality for example.  In support of that, new criteria contains a factor which is to “prioritize projects that promote access to affordable housing opportunities”.

“Developers and project proponents in Massachusetts are required to minimize the negative impacts of proposed development projects. In most instances, impacts such as increased regional travel demand and increased use of water and sewer resources are unavoidable. Where these impacts cannot be eliminated, they must be mitigated: the developer must provide programs or payments that either further limit impacts to a manageable level or compensate communities for unavoidable outcomes.”

This study examined 16 large scale commercial or mixed-use projects in Greater Boston with 7 being along the Route 128 highway (Dedham, Westwood, Needham, Newton [2], Waltham, Woburn). Although the study is primarily on transportation mitigation, it did do an analysis of housing in these large-scale commercial efforts and its effects on transportation. Table 3 shows that for the two and a half million square foot average for projects housing for well over one thousand residents were built. With what is in the record in Lexington, I believe the MPO members will expect comparable significant housing at Hartwell.

Although raw point scores are important, I believe without a commitment to build enough housing at Hartwell we won’t achieve TIP approval.

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