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HomeMy WebLinkAbout2013-02-27-PB-min PLANNING BOARD MINUTES MEETING OF FEBRUARY 27, 2013 A regular meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room, Town Office Building was called to order at 7:30 p.m. by Chairman Richard Canale with members Charles Hornig, Michelle Ciccolo, Greg Zurlo and Wendy Manz and planning staff Maryann McCall-Taylor, Aaron Henry, and Lori Kaufman present. ************************PRESENTATION BY JAY KAUFMAN********************* Tonight was Ms. Manz last meeting as a Planning Board Member. State Representative Jay Kaufman attended the meeting to present a citation from the House to Ms. Manz recognizing her years of serving as a Planning Board Member and her involvement in other Town of Lexington Committees. The Planning Board and Staff thanked her for her years of service. The Board recessed for six minutes to allow for presentation of gifts and cake. The Board returned from recess at 7:40 p.m. ************************DEVELOPMENT ADMINISTRATION********************* PUBLIC HEARING Rangeway, continued public hearing: Mr. Canale called the continued public hearing to order at 7:40 p.m. Present were Ed Grant, Attorney, Fred Russell, Engineer, Doris Duff, property owner, James and Suzanne Raymond, applicants, and Fred Gilgun, Attorney. There were 15 people in the audience. Mr. Grant said that an email was received from the Fire Department that the road width, turnaround and additional hydrant indicated on the plans would satisfy the safety needs of the Fire Department. The Town Engineer had reviewed the latest revision of the plans dated February 25, 2013, and provided comments in a memo. Some issues were resolved from the earlier plans and others would need to be addressed and corrected. Mr. Grant referenced the letter he sent the Board on February 22, which included a letter the applicant sent to abutters. Mr. Russell addressed the recent updates on the plan submitted electronically to staff on February 25, 2013. Other concerns listed on the Town Engineer’s memo will be corrected in the updated submission. Mr. Russell said there has been no formal meeting with the Conservation Page 2 Minutes for the Meeting of February 27, 2013 Commission, but he did meet with Karen Mullins who requested two plans side by side with and without the path, which have been submitted. Mr. Russell said that the applicant would have to go before the Conservation Commission for approval of the path. Audience Comments and Concerns:  There was concern that property values would go down with the additional home since it would change the character of the neighborhood;  The group of neighbors back in 2003 offered to purchase the property to make the owner whole;  When neighbor purchased their property they were told by the Town that the lot was undevelopable;  Character of the neighborhood was important and changing the gravel road would change the character of the land;  The aerial view would be changed with the trees being removed;  The neighbors have been fighting this for 10 years and want to keep it the way it has been;  Would the fire trucks still cross over the abutter’s property in the turnaround? Mr. Russell said no it would be six inches from the property line;  With the new plans how would the snow storage in the turnaround and drainage impact the abutter property? Mr. Russell said there would be no impact.  There are so many things that need to be waived and fixed for this one house something is bound to unravel;  What would be done to ensure enforcement of the requirements for maintenance? The requirements would run with the property, filed in the registry, and would be followed up with by the enforcement officers.  There should be a contract between the owners and a snow removal company in perpetuity;  The neighbors do not want a house built here on this unbuildable lot. There are other things that could be done with this lot;  What happens when the Fire Trucks increase in size?  Taxes are paid by surrounding land owners to keep this Conservation lot intact;  Will this be a huge or modest house; Minutes for the Meeting of February 27, 2013 Page 3  Neighbors bought into this charming neighborhood in 2007 and were very concerned about what this would do to the neighborhood by removing this open space; On a motion duly made and seconded, it was voted, 5-0, to close the public hearing at 9:26 p.m. Board Comments: Actions Required Prior to Plan Endorsement: 1. Endorsement of the plan is conditioned upon proof of filing with the Board of Health and the receipt of its report on the plan, or a lapse of 45 days from the filing date, as required by G.L. c. 41, s. 81U. 2. A covenant, or other form of security, duly executed and recorded as required by and in compliance with G. L. c. 41, s. 81U to secure completion of infrastructure improvements. 3. A supplemental covenant, or other instrument as appropriate, ensuring that applicant and guests will not be allowed to park in the right of way or turnaround area. The applicant shall take every measure possible to have the area designated by the Board of Selectmen as a no parking area and have signage posted for no parking. 4. In consideration for waiving the dead-end turnaround standards of §175-45E(4), the applicant shall modify the submitted snow clearance covenant, in a form acceptable to Town Counsel, to include language that ensures such covenant shall be perpetual and run with the land and be enforceable by the Town. The covenant shall authorize the Town to maintain the turnaround, at the applicant’s expense, if the applicant does not comply with any performance criteria contained in the covenant. Mr. Henry advised the Board that if the plan was approved the Board should not endorse the plans until the final plan was completed and submitted with all the appropriate changes. Changes Required Prior to Plan Endorsement and Recording: 1. Expand the size of the turnaround easement to cover all areas needed for the turnaround, snow storage, and infiltration structure. 2. The proposed sewer service depicts pipe bends greater than what is allowed, and lacks sufficient detail on the connection to the main. The water service also needs to be redesigned to conform to Town standards. The size of the riprap in the drainage swale must be revised, per the Town Engineer’s comments to the Board. Page 4 Minutes for the Meeting of February 27, 2013 3. The plans be revised to clearly show that the 30-inch oak tree in front of the property now or formerly owned by Butler will be preserved. 4. All plans, decisions, easements, and covenants be acceptable in form and substance to Town Counsel. 5. In consideration of waiving the requirements of §175-2, regarding the frontage, the applicant must add onto the Property Rights Plan a clear statement that the endorsement of the Planning Board does not imply that the lot complies with, or is grandfathered under the Zoning Bylaw. 6. In consideration of waiving the requirements of §175-45E(1) regarding the minimum radius of vertical curves within the right of way, the plans must be modified to depict the re-grading of the way between stations 0+50 to 0+150 to maximum grade of 10%. 7. In consideration of waiving the typical street profile and construction requirements of §175-45E(7)(A), the plans be revised to accurately detail the proposed 2-3% super elevation of the roadway (from station 0+50 to the end), including the use of proper base materials, as required by the Town Engineer. 8. In consideration of waiving the curbing standards of §175-45E(8), the applicant must revise the plans to show granite curbing along the frontage of the property now or formerly of Butler, approximately 18 feet in length, and redesign of the existing swale and catch basin to the satisfaction of the Town Engineer. 9. In consideration of waiving the requirements of §175-45E(9) and E(1), pertaining to the grading of roadway shoulders, the plan must be revised to show retaining walls wherever the shoulders exceed a 1:3 slope. The retaining wall proposed between stations 190 to 230 must use a material acceptable to the Town Engineer. 10. In consideration of waiving §175-46C, regarding paths, the proposed path be revised to a grade of no greater than 15%. 11. In consideration of waiving the requirement for an emergency stormwater overflow (§175-48D(2)) the maintenance easement needs enforcement provisions added to it, in a form acceptable to Town Counsel. 12. In consideration of waiving the requirement for §175-49B on street trees, which would require the planting of 15 trees within the right of way, the applicant may instead place the required 15 trees on the perimeter of the lot to enhance the screening of the project Minutes for the Meeting of February 27, 2013 Page 5 Actions Required Prior to Construction: 1. In consideration of waiving the requirement of §175-25, regarding the rights of others shown on the plan, the applicant must demonstrate, in a form acceptable to Town Counsel, that permission from the owner of the property where the proposed path will enter has been obtained. 2. In consideration of waiving the underground utility requirements of §175-47D(1), appropriate accommodations for 27 Rangeway, such a, but not limited to, stubs or conduits be provided. 3. The proposed electric and communication plans must be approved by the Planning Department. 4. The property corners must be staked and the project’s limit of work must be established and approved by the Planning Department. These controls must remain in place and in good condition throughout the construction phase of the project and may only be removed with the prior consent of the Planning Department. On a motion duly made and seconded, it was voted, 4-1, (Mr. Canale opposed) to approve the following waivers for the Rangeway Extension §§175-11A(3)(A)(9), 175-11A(5)(A)(6), 175- 11F(3)(F), 175-22, 175-25, 175-44C(1), 175-45E(1), 175-45E(3)(c), 175-45E(4), 175-45E(7)(a), 175-45E(9), 175-45E(10)(a) 175-45E, 175-45E(8), 175-46C, 175-47B(2), 175-47D(1), 175- 47D(2), 175-48D(2), 175-48F, and 175-49B. On a motion duly made and seconded, it was voted, 4-1, (Mr. Canale opposed) to approve the definitive subdivision plan for the Rangeway Extension with the waivers and conditions discussed earlier by the Board. **********************ZONING BYLAWS (ZBL) REWRITE ************************ The Board discussed the changes made to the draft Zoning Bylaw submitted to the Board by Mr. Hornig and Planning Staff after incorporating comments made by the audience at the public hearing. Some changes included wordsmithing for clarity and items that were previously removed were placed back in the draft with some revisions. The Board decided to finish reviewing the document on Wednesday, March 6, 2013, after the TMMA information meeting at Page 6 Minutes for the Meeting of February 27, 2013 9:00 p.m. Mr. Hornig and Mr. Canale will meet with Planning Staff and review the rest of the Zoning Bylaw prior to the meeting on March 6, 2013. *************************PLANNING BOARD SCHEDULE************************ The Planning Board will meet on March 6 at 9:00 p.m. at the Clarke Middle School to finish the discussion on the changes to the draft Zoning Bylaws and on March 13 at 7:30 p.m. in the Selectmen’s Meeting Room. ***********************************MINUTES********************************* On a motion duly made and seconded, it was voted, 5-0, to accept the minutes of January 23, 2013, as amended. ***********************DEVELOPMENT REGULATIONS************************** The development regulations will be discussed at the March 13, 2013 meeting. On a motion duly made and seconded, it was voted to adjourn the meeting at 11:26 p.m. The meeting was recorded by Lexmedia. The following documents used at the meeting can be found on file with the Planning Department:  Agenda item Summary & Staff recommendation regarding Rangeway, dated February 21, 2013 (10 pages).  Letter from Ed Grant regarding Rangeway, dated February 22, 2103 (6 pages).  E-mail and letters from abutters (7 pages).  Definitive subdivision plan set regarding Rangeway, dated February 11, 2013 (9 pages).  Supplement information on Rangeway Extension dated February 11, 2013.  Letter from Town Engineer on Rangeway Extension dated February 27, 2013 (2 pages).  Letter from Fire Department on Rangeway Extension dated February 27, 2013 (1 page).  Draft Zoning Bylaws from staff and Charles Hornig, dated February 13, 2013. Michelle Ciccolo, Clerk