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HomeMy WebLinkAbout2013-10-09-PB-min PLANNING BOARD MINUTES MEETING OF OCTOBER 9, 2013 A regular meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room, was called to order at 7:30 p.m. by Chairman Charles Hornig with members Richard Canale, Greg Zurlo, Michelle Ciccolo, and Nancy Corcoran-Ronchetti and planning staff Maryann McCall- Taylor, Aaron Henry, and Lori Kaufman present. ************************DEVELOPMENT ADMINISTRATION********************* 7 Mountain Road, sketch plan Balanced Housing Development: The applicant had requested a postponement of the sketch plan review to another date. The Board agreed to move the sketch plan review to October 23 at 7:30 p.m. in the Selectmen’s Meeting Room. ***************************ZONING BYLAW ADMINISTRATION****************** Medical Marijuana Treatment Center (MMTC): The open issues for consideration by the Planning Board on the MMTC included which districts would be appropriate to allow this use? The Board determined that the CB and CRS would be appropriate for distribution and the CM District for all aspects of this use would be acceptable. The other issue was if there should be more restrictions on setbacks since the State’s regulations were too vague. On a motion duly made and seconded, it was voted, 5-0, to request the Board of Selectmen to place on the warrant for the MMTC to allow all aspects of the use in the CM Zone and distribution only be allowed in the CB or CRS Zones and to defer the setback restrictions to the Board of Selectmen and Board of Health. Consolidation of small commercial districts: The Board discussed the possible consolidation of some of the smaller commercial districts, which might include modifying the district lines to parcel lines and policy issues regarding some current uses with any proposed changes. The Board provided some input, which staff will update in the 2014 work plan for discussion at a future meeting. Page 2 Minutes for the Meeting of October 9, 2013 ************************DEVELOPMENT ADMINISTRATION********************* 137-139 Shade Street, site sensitive development (SSD) continued public hearing: Mr. Hornig called the continued public hearing to order at 8:01 p.m. There were 3 people in the audience. Present were Fred Russell, project engineer, and Fred Keefe, applicant. Mr. Russell gave a brief update of the following project changes since the last meeting:  The previous plans were too cluttered and were made easier to read;  The 14 inch oak tree on lot two would be retained;  The tree replacements would be three to four inch calipers;  The calculations of the trees within the setbacks of the proposed lots have been provided;  A draft of easements was submitted;  The revised utility plan was submitted and all the utilities were now shown within the limits of the proposed easements;  The revised storm water calculations and plan was submitted and the system would be five feet longer; and  All the Engineering concerns and comments were addressed. Board Comments:  Were the locations for all the trees on the plan? Mr. Russell said yes on the landscaping plan.  The easement documents do not follow the usual pattern; would there be a HOA? No.  There needed to be wording added to the covenant to allow the Town to make repairs to the facility when required to protect the public and would be the financial responsibility of the lot owners.  Since there would be no HOA; how would the repair costs be determined? Mr. Keefe said it would be done by percentages. Mr. Henry said Town Counsel would review the documents and address any concerns or items left out.  Was there an operation and maintenance plan submitted for the drainage system? No, but one would be provided. On a motion duly made and seconded, it was voted, 5-0, to close the public hearing 8:16 P.M. Mr. Henry said that waivers for the conventional cul-de-sac would be included in the decision as with all SSDs. Minutes for the Meeting of October 9, 2013 Page 3 Mr. Zurlo said that he listened to the meeting so that he could participate in the project discussion and decision. (Mullins rule) Did the screening at the top of the plan reflect the accurate placement of the trees? Yes with some possible field adjustments if needed. Mr. Henry said the tree mitigation as shown on the plan was sufficient. On a motion duly made and seconded, it was voted, 5-0, to approve the special permit for a site sensitive development located at 137 & 139 Shade Street with the conditions discussed. On a motion duly made and seconded, it was voted, 5-0, to approve the Certificate of Action for a sensitive development located at 137 & 139 Shade Street with the conditions specified. Lowell Estates, Release of Covenant: The Board was requested by a property owner in an old development project to release a lot so as to be able to complete a real estate transaction. In staff’s investigation of the matter, it was learned that this parcel was one of 19 created by the second phase of the Lowell Estates subdivision, and it appeared the Planning Board never issued a Certificate of Completion for this phase of the project despite the acceptance of the road as a public way in 1980. Therefore it was recommended that the Board release not just the single lot in question, but the entire covenant securing the subdivision. On a motion duly made and seconded, it was voted, 5-0, to release the covenant securing the Lowell Estates subdivision section two. **********************ZONING BOARD OF APPEALS (ZBA)********************** The Board had written a letter to the ZBA regarding 48 Outlook on the nine variances requested and recommended that the application be denied since it does not meet the standards of a hardship for a variance The ZBA agenda for October 24, 2013, included the owners of 653 and 653R Lowell Street requesting waivers to make the lots buildable to allow the removal of the existing structures and build new ones. The Lowell Street lots were split by State law since there were two structures on it, however that does not make them buildable lots. Page 4 Minutes for the Meeting of October 9, 2013 Mr. Hornig appeared before the ZBA on 408 Massachusetts Avenue for a modification to a landscaping plan that was attached to a special permit and variance approved a few years ago. The discussion was to determine if it was a minor or major change. The ZBA decided this was a major modification and a hearing would take place before the end of the year even though the change was already made. ***********************************MINUTES********************************** On a motion duly made and seconded, it was voted, 5-0, to approve the minutes for September 11 & 25, 2013, as submitted. ********************************STAFF REPORTS******************************* The South Lexington Transportation study was moving forward with a consultant (FST) being hired to do presentations for the businesses on Hayden Ave and an open public meeting on the st 21 at Brookhaven at 7:30 P.M. There were two definitive plans 495 Lowell Street and 28 & 34 Robinson Road submitted this week. A site visit to the area on a Saturday morning might be appropriate since the projects were all near one another on Robinson Road and Mountain Road. Mr. Henry said he met with AAB staff regarding paths not associated with roadways. It was confirmed that if there was three or more units the paths would then be under the jurisdiction of the AAB. The development regulations would be affected and the slopes should be less than 5%, which was their standard. The Board could condition a waiver, but the applicant would have to get approval from the AAB. A detailed memo would be provided to the Board from staff regarding the updated information. ********************************BOARD REPORTS****************************** Mr. Canale said the CPC committee would be meeting tomorrow afternoon to discuss potential items that were coming up at Town Meeting. Mr. Hornig said there would be a transportation forum today to discuss way finding signage on the bikeway and Board should get a hold of the report if interested. Minutes for the Meeting of October 9, 2013 Page 5 Ms. Corcoran-Ronchetti said the Hanscom Area Task Force was getting ready for the visit of a new General in November. Ms. Ciccolo attended the Sidewalk Committee meeting and it would be good for the Board and sidewalk committee to work together on subdivision connectivity and path creation. Mr. Canale asked if there had been any requests for input on the RFP on the bio digester and requested the discussion be placed on the agenda in two weeks to allow the Board to make any comments on the RFP before the deadline at the end of the month. The RFP could be found on the website. *******************************ORGANIZATION******************************** th The Board will meet on October 23, November 6 and 20. December meetings will be discussed at a future meeting after Board Members send their availability to staff. Staff will send the Housing Partnership Plan schedule to the Lexington Housing Partnership Board. On a motion duly made and seconded, it was voted, 5-0, to adjourn at 8:45 p.m. The meeting was recorded by Lexmedia. The following documents used at the meeting can be found on file with the Planning Department:  Letter from John Farrington, regarding 7 Mountain Road, dated October 3, 2013, requesting a postponement of the sketch plan review to another day. (1 page)  Board of Appeals agenda for October 10 and 24, 2013. (2 pages)  137-139 Shade Street Tree removal plan. (1 page)  137-139 Shade Street Proposed trees removal list. (1 page)  137-139 Shade Street Definitive subdivision plan, dated June 20, 2013. (9 pages)  Supplemental Information for 137-139 Shade Street, dated September 18, 2013. (29 pages) Nancy Corcoran-Ronchetti, Clerk