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PLANNING BOARD MINUTES
MEETING OF MAY 7, 2008
A regular meeting of the Lexington Planning Board in the Selectmen’s Meeting Room, Town
Office Building was called to order at 7:05 p.m. by Chairman Hornig with members Manz and
Canale and planning staff McCall-Taylor, Henry and Kaufman present. Mr. Galaitsis was absent
and Mr. Zurlo joined the meeting in progress.
**********************ZONING BOARD OF APPEALS***************************
502 Massachusetts Avenue: A variety of variances and special permits are being sought to
enable the construction of a second house on the property nominally connected to the existing
two-family. There is no apparent difference between this and other lots in the area. The Board
asked what was the hardship that required the addition and therefore justified a variance? The
applicant was claiming precedent was established by the abutting property that has a two-family
house that straddles the zoning district line between RT and RS. This should actually be an
argument against granting a variance. Chapter 40A, Section 10 requires that if the SPGA cannot
make the finding that there are “circumstances relating to the soil conditions, shape, or
topography of such land or structure and especially affecting such land or structures but not
affecting generally the zoning district is which it is located” then it has no grounds to grant a
variance. This splitting of a property by the lot line is the situation for probably every property
on the southwestern side of Mass. Ave. throughout the RT zone.
On a motion duly made and seconded, it was voted, 3-0, to send a letter to the Zoning Board of
Appeals to ask for justification of the variance and recommend disapproval of the variance and
special permit to allow construction of an addition.
Mr. Zurlo joined the meeting.
7 & 32 Journey’s End Lane: The applicant requested a variance to allow construction of a
bathroom in the cellars of units 7 and 32. The applicant wanted to construct a playroom and
bathroom in the cellars. While a playroom is allowed in a cellar, a bathroom is not. Since the
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Minutes for the Meeting of May 7, 2008
Board could see no hardship presented, which is required for the approval of a variance, for the
construction of a bathroom in a cellar the Board recommended that the variance be disapproved
for this non-permitted use.
On a motion duly made and seconded, it was voted, 4-0, to send a letter to the Zoning Board of
Appeals and recommend disapproval of the variance to allow construction of a bathroom in the
cellars of units 7 and 32.
***********************************ZONING***********************************
Hartwell Avenue Area Planning Topics:
The Board discussed the study area and decided to include parcels that had parts in the CM zone.
Mr. Canale suggested the Board might want to include the two CD zones in the potential
rezoning area since the owners might want to be rezoned. There was discussion of the town-
owned land in the RO zone on the Bedford line, and whether the use as a cemetery justified 100-
foot setback required between the CM and residential zones. Mr. Zurlo was not in favor of
decreasing the setbacks to the cemetery. Members agreed that the privately owned land in the
RO district should be included and the owners given the option to be rezoned.
Ms. McCall-Taylor said open space, recreational and institutional use could be a separate zone.
Mr. Zurlo said we need a plan for the area and an in depth conversation on defining the zoning
potential to see what the Board would want to implement in the plan for 2009 Town Meeting.
Mr. Hornig said the Board would not be rezoning any area outside the yellow lines so owners
would not have to worry. Mr. Zurlo said it’s too premature to set limits and the cemetery is only
a secondary issue. He also asked why the corners of Bedford Street and Hartwell Avenue are out
since they are the gateway to Hartwell Avenue. Mr. Hornig said he left out Bedford Street
because of the residences across the street, but the Board could consider the hospital and the east
side in the study area. The Board agreed to include the CRO lots on Bedford Street in the study
area.
An outreach should be done early to various groups and the landowners in the study area. Susan
Yanofsky suggested being the contact for the landowners. Mr. Canale asked if tenants would be
Minutes for the Meeting of May 7, 2008 Page 3
included in the landowners’ meeting. He felt that the tenants have other interests such as
services and should be approached separately. Ms. Manz wondered about including those who
work on Hartwell Avenue. Ms. McCall-Taylor said maybe employees would be approached
when considering transit issues.
Mr. Hornig said he would speak with Susan Yanofsky about the structure and content of the
outreach. Mr. Canale said there are two things to consider, what works and what doesn’t work,
and the visions and goals when finished.
Mr. Hornig said he saw the forum as a sit-down with the Board, staff and owners mediated by
the Chamber of Commerce or Susan Yanofsky. The Board would explain what they were
planning to do and the reasons behind it. Mr. Zurlo suggested the Board review the Chamber of
Commerce event that took place at Max Stein’s and listen to the issues and concerns expressed at
that meeting. Mr. Hornig said they should ask the owners what they think they should be
allowed to build. Mr. Canale said to be clear that the Town is being proactive. Mr. Henry said to
run by the other Boards and Commissions that increased tax revenue is the primary goal. Mr.
Canale said the conversation around Town Meeting was looking at the best ways to get a better
return such as TIFs.
Mr. Hornig said another piece of outreach would be to have a public information session for the
people who are west of Route 128 for feedback on impacts other then traffic. That could give the
Board information on helpful mitigation practices and should be done after the EDTF Report is
out. Mr. Zurlo said that could be a tricky meeting; we don’t want them to vent, but rather are
looking to extract useful information. Mr. Canale asked what kind of information is being
sought. What is it about traffic that is the problem -- times of day, speed of cars, number of cars,
etc? If traffic increased what would be the preferred mitigation measures -- signaling, road
widening, etc.? It was felt that outreach should target the following roads: Wood Street, Grove
Street, Eldred Street and Winter Street.
Mr. Zurlo asked who would be the coordinator for all the economic development outreach -
Susan Yanofsky, the community, or a task force? Mr. Canale said TMMA would need to be
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Minutes for the Meeting of May 7, 2008
more involved. Mr. Henry said the Board of Selectmen and TMMA are full partners. Mr. Zurlo
said when he has the draft charter for the Economic Development Advisory Board he will send it
out. He also said it will be six weeks before the final report from the Cecil Group is out.
Mr. Hornig wanted the outreach to take place before summer and the Board agreed that June 18
in Cary Auditorium would be the first choice.
A Hartwell Avenue Planning Board site visit will be on Friday, May 23 at 7:30 a.m.
The Board discussed additions to Hartwell Avenue Area Planning Topics list. The staff will keep
the list and add all the additions discussed tonight.
Mr. Canale said topics that were expressed at Town Meeting were health and greenhouse gas
emissions.
Ms. Barbara Lucas and Mr. Jim Gallagher, transportation planners from MAPC, said they would
have three days to work with towns on transportation issues. They should be set up with TMG
and the Planning Board to discuss what works and what does not work, maybe in July or August.
Mr. Canale said the Cecil Group said the Town could afford to be fussy with what should be
permitted and be more proactive given the location.
****************************** MINUTES**************************************
Review of Minutes: The Board reviewed and corrected the minutes for the April 2, 2008. On a
motion duly made and seconded, it was voted, 4-0, to approve the minutes as amended with Mr.
Zurlo’s edits if they were not included.
The Board reviewed the minutes for the April 7, 2008. On a motion duly made and seconded, it
was voted, 4-0, to approve the minutes.
Minutes for the Meeting of May 7, 2008 Page 5
The Board deferred the discussion of the minutes for April 23, 2008 to the next meeting to allow
an opportunity to review the updates. On a motion duly made and seconded, it was voted, 4-0, to
defer the discussion of the minutes.
******************PLANNING BOARD ORGANIZATION SCHEDULE***************
The Planning Board organization meeting would be on the last meeting in June, which would be
June 25, 2008. Mr. Zurlo requested they do it sooner at the Planning Board meeting on May 27,
before the joint meeting with the Board of Selectmen. The meeting will start in Room 111 and
then the Board will join the Board of Selectmen’s meeting. On May 14, 2008, Robbins Road
Street construction and Grandview Avenue lot and surety release are on the agenda. June 18 will
be a neighborhood outreach and should be done in Cary Auditorium.
************************SUBDIVISION ADMINISTRATION***********************
Clelland Road, Release of Covenant: The applicant requested a release of subdivision covenant
so that a closing can take place on May 12, 2008. On a motion duly made and seconded, it was
voted, 4-0, to endorse the Release of Covenant (Certificate of Completion) of the Definitive
Subdivision Plan.
********************************* STAFF REPORTS*****************************
Susan Yanofsky, Economic Development Officer, offered to come in monthly to update progress
on Economic Development. The Board felt that was a good idea, but on an as needed basis
would be acceptable.
**************************** BOARD MEMBER REPORTS************************
Mr. Canale said the National Park Service reported that representatives of the aloft hotel had
verbally confirmed that they had previously agreed not to paint the roof white.
On a motion duly made and seconded, it was voted to adjourn the meeting at 9:40 p.m.
Wendy Manz, Clerk