Multi-Family Zoning 

Below is what I have learned via the town website, the Feb 26th Planning Board hearing on Article 2, and a citizen-organized zoom call on Feb 27 (advertised on the Lexington List), as well as discussions and exchanges with fellow residents.  Resources on proposed amendments can be found here.  The hearing on Article 2 remains open until March 5th.  The content of Article 2 may continue to change.

I continue to support rolling back the amount of by-right zoning for multi-family development to a much lower level, so that Lexington may constructively influence future growth, especially in key areas like Lexington Center and Bedford St/Worthen area.  In particular, Lexington Center does not contribute to compliance with the MBTA Communities Act, and should be the subject of separate discussion and amendment.

Development projects submitted so far can be found at:

https://www.lexingtonma.gov/1496/MBTA-Communities-Zoning

As of 2/28/2025, a total of ~ 1095* new dwelling units are in planned, of which 159 are inclusionary

A number of Subdivision Applications have also been submitted for additional properties which would freeze zoning for affected lots.

*Note - this is quoted in some places as 1095, 1096, or 1097.  Differences are immaterial.

This page has a great explanation of what a Subdivision Freeze does:  https://www.norwoodma.gov/government/committees_boards/zoning_board_of_appeals/zoning_faq_s.php.  See the question "What is a Zoning Freeze?"

Excerpt:  "Definitive subdivision plan freeze. The fifth paragraph of Section 6 provides that a parcel of land is entitled to have all zoning provisions (i.e., use, density, bulk, dimensional, parking etc.) in effect on the date that there is submitted to the Planning Board a definitive plan (or a preliminary plan followed by submission of a definitive plan within seven months), written notice of such submission is given to the Town Clerk, and such definitive plan is eventually endorsed by the Planning Board, frozen for a period of eight years following such submission date (that 8-year period is extended by the length of any town imposed moratorium on construction or the issuance of permits). This provision means that a zoning bylaw amendment adopted by Town Meeting will not be effective, and hence will not be binding on, any parcel of land for which a definitive subdivision plan is submitted to the Planning Board and notice given to the Town Clerk as provided above prior to the actual date and time on which Town Meeting votes to approve the zoning bylaw amendment, until 8 years have passed."

 As of 2/26/2025, multiple Zoning Freeze submissions have been submitted in Lexington (see https://lexingtonma.gov/939/Developments-Under-Review).   Excluding those covered by projects already submitted, these Zoning Freeze submissions cover just under 50 acres of land.

Even if an amendment to Section 7.5 of the Zoning Bylaw is passed, these areas can still be developed under the 2023 rules for 8 years.    With no density cap in the 2023 amendment, the number of units developed could be quite high.

Article 2 

A group of Lexington citizens submitted a petition, known as "Article 2" to Amend Section 7.5 of the Zoning Bylaw to Reduce Multi-Family Dwelling Unit Capacity (Citizen Petition) (Special Town Meeting).  

This proposal was the subject of a public hearing on Feb 12, 2025 (Feb. 12 Presentation from Petitioners ) and was to be the subject of a second public hearing on Feb 26, 2025.  Their proposal cites a unit capacity of 1,770 units, 144% of the requirement of the MBTA Communities Act and an increase of 14.4% compared to 2022.

This proposal includes the units already submitted, above.  

There was discussion on Feb 26th of using a site coverage limit (building footprint) rather than a density cap to limit the number of units per site.  Following the 2/26 hearing, the proponents of Article 2 were to discuss this with Planning Board members.   This should be reviewed at the March 5th hearing continuation.

"New Alternative"

In the Feb 26 hearing, two Planning Board members, Charlie Hornig and Michael Schanbacher, with Abby McCabe, Planning Director, introduced a "New Alternative".  This was problematic in a number of ways:

1.  Presentation of this New Alternative was not on the Agenda for the hearing.  The public was not given advance notice that it existed nor that it would be discussed.  This introduction significantly impacted the actual hearing and the ability of citizens to have their voices heard.  From what I understand, this was likely in violation of Town by-laws.

2. This New Alternative was the work of 3 people, not the work of the Planning Board as a whole.  It had not been seen nor vetted by other members of the Planning Board before the hearing, nor had it been made public.  It is an individual proposal, not a proposal from the Planning Board.  

3. The numbers shown on slide 10 for the "New Alternative" are misleading.  By focusing this slide on EOHLC Compliance, the proponents of the "New Alternative" make it appear that the number of housing units (1,697) that could be built under the New Alternative is much smaller than what the actual expected new construction is.

   1. Of the already submitted (to be grandfathered) projects (1097 units), only 366 units (3-5 Militia Drive, 89 Bedford St, 217-241 Mass Ave) are likely included** in the 1697 capacity.  Since the New Alternative does not affect projects submitted, this means about 1097-366 = 729 already planned units need to be added to the total which could be built.

   2. The number does not include the 875 units which could be built in Lexington Center which is included in the New Alternative, but which does not comply with EOHLC requirements, so they exclude it from their table.

   3. The total new housing units which could be built under the New Alternative is at least 1697+729+875 = 3,301 units (268% of the requirements for Lexington under the MBTA Communities Act, a 27% increase in housing stock.

I have written to the Planning Board to ask them to include all numbers in their presentation and to provide a true side-by-side comparison.

** The 1697 is calculated using a model from the EOHLC, with the new guidelines proposed under New Alternative.  The 366 already submitted is a real number, using 2023 rules.  It isn't clear to me if the 1697 was calculated just by applying the new rules for the zones (which could undercount the contribution of these 3 developments) or if potential units were calculated independently for the remaining properties in the proposed New Alternative Zones and 366 directly added.

Impact of Subdivision Zoning Freezes

The submitted Subdivision Freeze applications cover about 48 acres of land not otherwise included in either the New Alternative or Article 2.  This means that even if Article 2 or New Alternative is enacted, these specific properties could still be developed under the original guidelines of Article 34.  They could bring another few thousand units to Lexington, at least 720 more units if all are at the minimum 15 unit/acre requirement, and  about 2400 if the average of 50 units/acre from the projects submitted to date holds.   This applies to both Article 2 and to the New Alternative.   Numbers could also be much higher, since no density cap was included in 2023.  

Bottom line, as of 2/26/2025:

Article 2 estimate = 1770 + at least 720 (est. 2400) from subdivision freeze = potential for at least 2490 (est. 4170) new units, or at least 202% (est. 340%) of the MBTA Communities Act requirement.  This would increase Lexington housing units by ~ 20% (est. 34%) compared to 2022, vs the 10% required by the MBTA Act.

New Alternative estimate = 1697 + 767 (existing projects) + 875 (Lex Center) + at least 720 (est. 2400) from subdivision freeze = potential for at least 4021 (est. 5700) units or at least 327% (est. 463%) of the MBTA Communities Act requirement.  This would increase Lexington housing units by ~ 33% (est. 46%) compared to 2022, vs. the 10% required by the MBTA Act.

Even with rollback via Article 2, due to the actions taken in 2023, Lexington is facing the potential for on average 3.4x to 4.6x the growth in housing units compared to what the MBTA Act actually required.  This number will only increase the longer that Lexington delays taking action to reverse the overreach of the 2023 Article 34.   It is responsible to put the brakes on as much as possible to ensure that the town can handle the wave of development that will be coming our way.