Planning Board Minutes, 1991-09-11

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Minutes for the Meeting of September 11, 1991 2 and construction of unaccepted streets have now become almost the same as those required for subdivision streets. He added that the 1 Policy does enable the Board to exercise some flexibility, based on specific site conditions, in what can be required to bring unaccept- ed streets up to adequate grade and construction b. Determination of Grade and Construction for Lot 45 James Street Mr Marino reported that the applicant, Mr. Sundar Balasuryan, has asked that the provisions of the Policy on Grade and Construction of Unaccepted Streets be waived. Mrs Wood argued the Board should not grant this request, since it would confer special status on this lot and establish undesirable precedents affecting future determina- tions. Mr Williams questioned the legality of the Board's approving grade and construction standards for a portion of James Street that could cause surface water to drain onto private land. He asked that Town Counsel be asked to give an opinion on the property rights of the abuttors onto whose land surface water might run. Mrs. Davison questioned whether a public hearing will be held and how abutters will know of the proposed changes. Mr. Grant and Mrs. Wood responded that there is no provision in state law for a public hearing. Mr. Marino commented that there is no provision for appeal which is usually the practice after a public hearing. Mr. Williams asked that the staff communicate to the applicant to encourage him to explain the proposed construction to those affected. On the motion of Mrs Wood, seconded by Mr. Grant, it was voted 4-1-0 (Mr. Domnitz voted in the negative) 1. That the Planning Board does not grant the applicant's request for a blanket waiver from the requirements in the "Policy On Construction Standards for Unaccepted Streets". In the opinion of the Planning Board, James Street, insofar as it provides frontage for Lot 45, as shown on Map 87, is not now of adequate grade and construction; If the improvements identified on the "Plan and Profile of a Portion of James Street in Lexington, Mass. , " dated August 8, prepared by John P. Burney, Professional Engineer in the Commonwealth of Massa- chusetts are made 1) with minor changes which are approved by the Town Engineer, 2) with the addition of 3 street trees per the standard, and 3) are considered adequate upon inspection by the Town Engineer, then the portion of James Street to which the Planning Board re- quired improvements would be of adequate grade and construction; The work may proceed in 2 stages stage #1 shall consist of improve- ments between telephone pole #7 ( identified on the plan) toward the east; stage #2 shall consist of improvements from telephone pole #7 toward the west. The applicant shall have the option of providing surety for the completion of stage 2 only. Stage 1 must be fully completed.