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HomeMy WebLinkAbout2014-08-20-PB-min PLANNING BOARD MINUTES MEETING OF AUGUST 20, 2014 A regular meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room, was called to order at 6:30 p.m. by Chairman Charles Hornig, with members Nancy Corcoran- Ronchetti, Richard Canale, Timothy Dunn, Ginna Johnson, and planning staff Maryann McCall- Taylor and Aaron Henry present. At 6:30 p.m., on a motion duly made and seconded, by a roll call vote of the Board – Mr. Hornig, Ms. Corcoran-Ronchetti, Mr. Canale, Mr. Dunn and Ms. Johnson – it was voted 5-0 to go into executive session for the purpose of discussing the potential litigation regarding the Lexington Hills subdivision and to return to public session. At 7:04 p.m. the Board returned to public session **********************DEVELOPMENT ADMINISTRATION*********************** 48 Summit Road Continued Public Hearing – The Board had received a request to withdraw without prejudice the application for a site sensitive development at 48 Summit Road. On a motion duly made and seconded, the Board voted 5-0 to accept the withdrawal of the application without prejudice. Lexington Hills Public Hearing, Modification of Special Permit – Representing the Lexington Hills development were attorney Donald Bornstein, Joe Casey and Habib Aminipour. Mr. Borenstein presented the changes they were requesting in the special permit. They would like to raise the impervious surface limit, remove the public access easements and a few other items he considered a minor clean up. The Board asked what efforts had been made to obtain permission to put a path along Walnut Street and could documentation of that activity be provided? In general the Board supported retaining the easements, which are already on file at the Registry, from the subdivision roads to the public lands surrounding the development. In order to allow an increase in the impervious surface, the Board wanted assurances that the drainage system could deal with the increased stormwater. The applicant had supplied a letter to Page 2 Minutes for the Meeting of August 20, 2014 staff from their engineer stating that the system could handle the increase and that any increased flow on each lot would be handled on an individual basis. In order to allow an increase in the impervious surface, the Board wanted assurances that the drainage system could deal with the increased stormwater. The applicant had supplied a letter to staff from their engineer stating that the system could handle the increase and that any increased flow on each lot would be handled on an individual basis. The Board expressed concerns about the possibility of increased water runoff to the shared stormwater drainage system, especially as a result of the increase in the impervious surface ratio requested and wanted to limit any run-off not accounted for in the previously approved drainage plan to be kept on site. The applicant stated that they would comply with that condition The applicant wanted to amend the special permit to allow three houses to be built on the parcel in Waltham. It was pointed out that the land is not zoned for residential use and the issue would have to go to the City of Waltham. Ms. Jeannette McCarthy, the mayor of Waltham, said she had been contacted by neighbors who wanted reassurance that the City’s sewer system would not be overtaxed. There had been an illegal connection to the Waltham sewer in the past. Seven people spoke in favor of maintaining the easements to allow public access through the development to the land now in control of the Department of Conservation and Recreation. Board members agreed that the easements were an important amenity. The Board allowed a brief recess so the applicants could discuss what had been presented and see where they stood. Upon their return Mr. Bornstein said they would like a decision crafted that night. He clarified that they did not come hat in hand as they considered all the conditions in the special permit to be illegal and they could go to court to void them. However, they would like to work through this. If pedestrian access was the number one issue the Town could take the $20,000 performance bond and use it to construct the path themselves. The easements within the project affect four homes. It would be acceptable to allow public access on a single easement with a five foot width between lots 5 and 6, but they did not want an easement between lots 1 and 19 as it was the expectation of the buyers of those lots that the easement would be removed. Minutes for the Meeting of August 20, 2014 Page 3 The Board and those in the audience continued to discuss the location of the easements and what the process would be to abandon the easements if that was the decision. The town counsel who was present said that if Town Meeting had accepted the easements, which was not a certainty, Town Meeting would have to vote on the abandonment, otherwise the easements could be modified by the Planning Board. A motion was made and seconded to delete the public pedestrian easement between lots 1 and 19. The public hearing on this aspect of the requested modification was closed. The motion failed by a vote of 0-5. The Board members then discussed the other requested modifications and possible conditions to include. The public hearing was closed. On a motion duly made and seconded the Board voted 5-0 to amend the Special Permit with Site Plan Review for the Lexington Hills Subdivision dated May 1, 2007 by modifying the Special Conditions of the original decision as follows:  Conditions 1, 13(b) and 13(d) are deleted.  Conditions 3, 5, 6, 8, 9, 10, 12 and 13(a)(1)-(6), and 13(c) are unchanged.  Condition 2 is deleted and replaced with “The responsibility for the maintenance of the subdivision’s shared stormwater drainage system installed on the property shall reside with the owner(s) of the subdivision or with any homeowner’s association that may be formed as successor to the subdivision owner(s). The Town of Lexington shall not be responsible for the maintenance of the subdivision’s shared stormwater drainage system on the property unless such responsibility is duly accepted by the Town of Lexington.”  Condition 4 is deleted and replaced with “The future use of Parcel A in the City of Waltham is to be limited to three (3) single family residences and associated improvements to ensure that the impacts to utilities, including sewer and stormwater management, will not overtax the system. There will be no increase in stormwater run- off.”  Condition 7 is deleted and replaced with “In order to facilitate the construction of a footpath on the easterly side of Walnut Street in the vicinity of the project and extending to the entrance to Potter Pond, the developer will provide the $20,000 in funds already supplied as surety for the construction of the path to the Town or an organization of the Town’s choosing as directed by the Planning Board. The Town will be responsible for obtaining the required permissions and constructing the path.” Page 4 Minutes for the Meeting of August 20, 2014  Condition 11 is deleted and replaced with “Each building lot in the subdivision shall be subject to a maximum impervious surface ratio of 15%. In calculating this ratio, decks and similar porous structures shall not be considered impervious, provided the land beneath them is pervious.” This provision supersedes the impervious coverage information in the table shown on the Plan.  Condition 12 is changed to reflect the fact that changes have already been made to the plans 5 Sunnyknoll Terrace, Street Determination – Mr. Walter Scott, the owner of 5 Sunnyknoll Terrace, asked for a determination of adequacy of the road as it provided access to his property. He proposed milling and repaving the entire width of the street. He felt that anything more would make the project too expensive and lead him to do a remodel rather than a tear-down project. The Board was concerned that the worst section of the road was at the beginning and that the condition warranted reconstruction. On a motion duly made and seconded, the Board voted 5-0 to determine that Sunnyknoll Terrace, in the vicinity of 5 Sunnyknoll Terrace, is not presently of adequate grade and construction to provide for the needs of the vehicular traffic and for the installation of municipal services in relation to the proposed use, but will be subject to the following conditions: a. That the pavement from Sunnyknoll Avenue up to and including the parcel’s frontage (approximately 400 linear feet) be fully reclaimed and the sub-base selectively patched, as required by the Town Engineer; b. That a new base course, with a minimum thickness of 2.5 inches, be installed; c. That a new wearing (or top) course, with a minimum thickness of 1.5 inches, be installed; d. That a tack coat must be used between the layers of asphalt; and e. That these repairs must be directed by the Town Engineer’s office. And to waive compliance with the following Regulations: f. § 175-68C(3) – A Definitive Street Construction Plan. g. § 175-68F(2) – Timing of Street Construction and Dwelling Construction, to allow the work to be done after the issuance of a building permit but prior to the issuance of a Certificate of Occupancy. Minutes for the Meeting of August 20, 2014 Page 5 37 Ward Street Approval Not Required Under Subdivision Control (ANR) – On a motion duly made and seconded, the Board vote 5-0 to endorse the plan as it did not need approval under the Subdivision Control Law. 85 Marrett Road Approval Not Required Under Subdivision Control (ANR) –The attorney for the owner of the parcel asked that the Board take action on this plan even though the owner had not signed the application. The owner is on vacation but there is a closing on the property scheduled before the next Planning Board meeting. On a motion duly made and seconded, the Board vote 5-0 to endorse the plan as it did not need approval under the Subdivision Control Law but directed the Planning Director to hold the plan until the signed application was received. Lincoln Street and Fairland Street Approval Not Required Under Subdivision Control (ANR) - On a motion duly made and seconded, the Board voted 5-0 to determine that the plan did not need approval under the Subdivision Control Law and to allow the Planning Director to sign on behalf of the Board once minor edits are made to the plan and the corrected plans are submitted for endorsement. 111-119 Laconia Street – The twenty day appeal period is over. On a motion duly made and seconded, the Board voted 5-0 to endorse the plans for the Balanced Housing Development at 111-119 Laconia Street. **********************PLANNING BOARD ORGANIZATION*********************** Associate Member – There was a brief discussion of what the role of the associate member, to be appointed at the next meeting, should be. It was suggested that the person could cover some of the liaison roles but only with regular reports back to the Planning Board. It would be helpful if the associate received the meeting packets. Fairly regular attendance, or at least review of the videoed sessions, would be beneficial. 20/20 Vision Committee – The Board, on a motion duly made and seconded, voted 5-0 to recommend to the Board of Selectmen the appointment of Ginna Johnson to be the Planning Board member on the 2020 Vision Committee. *********************************MINUTES************************************ Page 6 Minutes for the Meeting of August 20, 2014 On a motion duly made and seconded, it was voted, 5-0, to approve the minutes of July 2, 2014 and July 28, 2014 as submitted. ***********************ZONING BOARD OF APPEALS (ZBA)********************** The Planning Board discussed the application for a special permit and a Definitive Site Development and Use Plan for 430 Concord Avenue. Members were asked if they had any problem areas that should be delved into at the next meeting. In general, they were supportive of the project. It was noted that some of the air conditioning units are now proposed to be on the ground rather than the roof and the Memorandum of Understanding only speaks to monitoring noise from units on the roof. The definition of living unit should be called out in the decision. A draft of a letter to the Board of Appeals will be available at the next meeting for review. ***********************************ZONING*********************************** Zoning for Uses in the Center – If any changes are to go to a fall Special Town Meeting a draft will need to be ready within the month. Board members asked that the data collected on uses in the Center be expanded to include information about second floor uses. Zoning Map – Members discussed where to begin on this project – the Center Business District, Tracer lane or reconciling district lines with parcel lines. It was felt that the Center might be too complicated to start with and that the CN districts would be a good place to start. The parcel owners affected will need to be contacted as the project goes forward. Zoning Development Regulations- Mr. Bobrowski will begin working on a draft of new regulations. In the meantime the Board may want to adopt an interim version that is based on the old text but has the correct section references. **********************************SCHEDULING******************************* The Board agreed to try to maintain a meeting schedule of first and third Wednesdays and publish a schedule of meetings for the next three months. Staff will then be able to provide a calendar of submission deadlines. ****************************BOARD REPORTS********************************** Mr. Canale said there would be a special MAPC meeting on September 17 that he will not be able to attend and asked the Planning Director to go in his stead. He will be attending the September Minutes for the Meeting of August 20, 2014 Page 7 HATS meeting with Ms. Corcoran-Ronchetti as CLURPA/Zoning Reform Legislation will be on the agenda. The term of Lexington’s seat on the Metropolitan Planning Organization is ending, but the Town will seek the re-election of Mr. Pato, with Mr. Canale as his designee. On a motion duly made and seconded, it was voted, 5-0, to adjourn at 9:40 p.m. Timothy Dunn, Clerk The meeting was recorded by Lexmedia. The following documents used at the meeting can be found on file with the Planning Department:  Letter from Donald Borenstein Re. Lexington Hills Subdivision, 53 & 61 Walnut Street, dated July 22, 2014 with suggested “Amendment to the Special Permit with Site Plan Review” attached  Special Permit with Site Plan Review, Lexington Hills, Lexington Massachusetts, May 1, 2007  Email from Fred Russell, dated Wed. 8/13/2014 9:31 AM, requesting withdrawal of Summit Road application  Agenda Item Summary and Staff Recommendation for Unaccepted Street Adequacy Determination - 5 Sunnyknoll Terrace, dated July 21, 2014.  Letter from Walter Scott re 5 Sunnyknoll Terrace, dated July 19, 201, with pictures and maps.  Agenda Item Summary and Staff Recommendation for ANR, 37 Ward Street, dated August 15, 2014  Agenda Item Summary and Staff Recommendation for ANR, 85 Marrett Road, dated August 15, 2014  Plan of land for 165 Lincoln Street and 21 Fairland Street, dated 8-13-14, marked up PDF.