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HomeMy WebLinkAbout2015-01-21-PB-min PLANNING BOARD MINUTES MEETING OF JANUARY 21, 2015 A regular meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room, was called to order at 7:01 p.m. by Chairman Charles Hornig, with members Richard Canale, Timothy Dunn, Ginna Johnson and planning staff Maryann McCall-Taylor, Aaron Henry and Lori Kaufman present. Nancy Corcoran-Ronchetti was absent. ******************************TOWN MEETING********************************* PUBLIC HEARING PSDUP for CD-9 45, 55 & 65 Hayden Ave. (Cubist): The applicant requested a continuance of the public hearing to February 25, 2015. On a motion duly made and seconded, it was voted, 4-0, to continue the public hearing to February 25, 2015 at 7:10 p.m. Review of draft warrant: The Board did a preliminary review of the draft warrant for the 2015 Special and Annual Town Meetings and discussed possible articles the Board may want to take a position on. These include Special Town Meeting Article 2 and Annual Town Meeting Articles 12 & 13 on sidewalks, Articles 19 & 20 street acceptance, Article 9 Land Purchase off Grove Street and transfer house to LEXHAB and the barn to Conservation, Article 26 TDM funds, Article 35 Complete Streets, Article 43 Demolition Delay and all the Zoning Articles. The public hearing for Medical Marijuana was bumped to February 25, staff was waiting to hear from the author. Review of the Proposed Zoning Articles: The Board reviewed the following draft proposed zoning articles:  Commercial Zoning District Lines (maps) (A) 229-235 Bedford Street CN- circle where the changes are and delete “ unknown unk” (B) 242 -246 Bedford Street CS - bring to public hearing as shown on map (C) 173-181 Bedford Street CLO- enhance the boundaries (D) Bedford and Reed CN- bring to public hearing and listen to public comments (E) North & Lowell CS- 75-31 stays partially in and leave 75-1 as is Page 2 Minutes for the Meeting of January 21, 2015 (F) Lowell and Woburn CRS- get a history of how commercial use got into a residential property zone (G) Marrett & Lincoln CLO- bring to public hearing (H) Marrett and Spring CS- caption of warrant left out CN, check with BOS if it can be corrected or will not bring CN piece forward at this time. The Board decided to let the CN piece go for now. Remove lots 33-77 and 33-83 from the list for the public hearings since this might go beyond the scope of this proposed article. More background work is needed for lot 33-77. Abutters should be notified. (I) Waltham and Marrett CN & CRS- bring to public hearing (J) Waltham Street at the Waltham town line CLO- bring to public hearing The maps will be used at the public hearing with the discussed corrections. *************************DEVELOPMENT ADMINISTRATION******************** PUBLIC HEARING 36, 42, & 48 Cary Avenue, Definitive Subdivision: Mr. Hornig called the public hearing to order at 7:38 p.m. There were 30 people in the audience. Present were Rick Waitt, Mike Novak, and Jeff Toma of Meridian Associates and Todd Cataldo, the applicant. Mr. Waitt said this was a convention subdivision plan with four parcels located in the RS zone with a land size of 3.5 acres. Currently 36 Cary Avenue has a single-family home, 42 Cary Avenue has a single-family home with a garage and a shed and 48 Cary Avenue has a single- family home being rented out. The proposal would be for a seven lot subdivision with a 40 foot right of way and an addition of four lots that would meet the required frontage and lot size for the RS zone. The proposal included 18 feet of pavement with a five-foot wide sidewalk on one side and grass strips. There would be street trees on both sides of the road and the sidewalk would extend around the cul-de-sac up to the driveway of lot C. Street light were proposed. There would be two storm water systems in the road and an infiltrations system added for the existing house roof runoff. Water would drain towards the roadway and all four new lots would have their own infiltration systems so the water runoff would not increase off the site. The minimum regulation numbers for the right of way did not add up so the applicant offered some alternatives but was not asking for a waiver since he felt the error was not his fault. Board Comments:  Four foot planting strips would be ok. Minutes for the Meeting of January 21, 2015 Page 3  An 18 foot pavement sounds fine if deemed safe by the fire chief.  Sidewalks are not prohibited from both sides, only required on one side, but the sidewalk should go all around the cul-de-sac.  Would the circulation in the circle be one or two ways? One Way. Provide signage for that.  A teardrop was preferred over the circle for the cul-de-sac.  Fire code requires 20 feet access of road pavement.  Five foot wide sidewalk would be required and important for accessibility but would waive the planting strip since other items had a more significant need.  The preference would be for the sidewalk to be adjacent to the road and have a 4 foot sidewalk which would be better for the trees. It was unclear if this would be better for plowing and snow storage.  Could ask for 42 foot right of way.  Has the applicant spoken with the fire chief about variance from the fire code? Mr. Henry said that a new rule was just adopted as of 1/2/15. NFPA One would require a 20 foot wide road and or a waiver from the fire chief. Mr. Waitt said the applicant considered this a waiverless plan, since the error in the requirements was not the developer’s fault. This won’t be a waiverless plan since there was not a water looped main.  What would happen with the existing long driveways? They would be kept, one coming off Cary Avenue and one off the new road.  What was the intention of the existing stone walls and are the trees being cleared or would they remain? The applicant would deal with the tree bylaw for tree removal and clear as few trees as possible for the roadway. The applicant was not sure what would be done with the stone walls.  That area was the Bridge School district; could the sidewalk be continued along Cary Avenue to provide a connection for children to the Bridge School?  How would the jog in Lot A be delineated? Could Lot A be reduced? The lots would be delineated by markers and the applicant would consider reducing the size of Lot A.  Has a name for the street been considered? Mr. Cataldo said a list of names will be provided to him by staff.  A waiver from a looped water main would be fine if Engineering approved.  Want to see the drafts of the easements, covenants and agreements before approving this proposal. Page 4 Minutes for the Meeting of January 21, 2015  The owner of Lot G would be maintaining the drainage system in the easement on that lot? No, the homeowners association would maintain the drainage system. Audience Comments:  There was concern with the visual buffer; this new proposal was worse than one that was proposed years ago. The developer should find a way to preserve the buffer as well as clustering the development. This would be the first time there would be construction deep in the lots which was forested area. This subdivision would be out of character with the neighborhood and it was hard to see how two homes would fit on those small lots. The construction of the driveway at the proposed location would have car headlights shining directly into their home. Mr. Waitt said there was flexibility on driveway location and Mr. Cataldo would take that into consideration. Mr. Hornig explained that this was a conventional subdivision so the Board only has jurisdiction over the street right of way and the boundaries on the lots. The Board would have no discretion about what happens on the lots. Neighbors should talk to the developer regarding any concerns.  Residents were very concerned about water flow. There were already water problems. The water now flows through the woods and the trees absorb some of that runoff, if removed there would be an even larger water problem for the existing homes. There should be another water barrier to protect the homes downhill from this proposal. Mr. Waitt said the developer would be adding an infiltration system that would make sure that there would be no increase in runoff from the site.  Too bad this was a conventional subdivision.  Has this gone before the Conservation Commission? It is not required.  There was concern that the new residents might not maintain the drainage system. There were existing water problem with water in basements. Four new houses would increase the amount of water the existing houses already had to deal with.  There were traffic issues that exist now and with construction vehicles parking on Cary Avenue would make it more dangerous. There should be notices sent warning when the street was being closed. There was school overcrowding already and this would add to that problem  Would like the stone wall preserved and as many trees as possible.  Like the privacy in the backyard and the tree removal would reduce privacy and devalue the property.  Does anyone have jurisdiction or control over woodlands? The tree bylaw and storm water bylaw control what can be done. Minutes for the Meeting of January 21, 2015 Page 5  In the past when a new development was built the water pressure dropped; would this new development could make the pressure drop even more?  Who would have jurisdiction of the public street safety? The police department.  Will there be any more utility poles? New subdivision utilities are required to be under ground.  Would the existing commercial business be allowed to move? The only way would be through the ZBA with notice to abutters for public process. Board Comments:  There was a shed shown on Lot B would that be removed? Yes, if doesn’t meet setback requirements.  Are you asking Town to accept the road? Yes.  Offset the center line of the road by one foot so all other rules for pavement could be met.  Make sure there is a 25 foot turnaround.  Would prefer the 18 foot wide street, but the offset of the center line would be acceptable.  Consider having a teardrop instead of a circle for the cu-de-sac. Would planting be allowed on the infiltration system? Only planting grass. Could Lot C also have a utility easement and portion closest to the road have the large infiltration which would allow planting and prevent headlight penetration. Mr. Waitt said that would be looked at. On a motion duly made and seconded, it was voted, 4-0, to continue the public hearing to February 11, 2015 at 7:10 p.m. in the Selectmen’s Meeting Room. ******************************TOWN MEETING********************************* Review of the Proposed Zoning Articles:  Civic Use (Civ) District - Mr. Henry did a presentation on the proposed Civ District zoning article. Staff will email the map and table to the Board tomorrow. Staff would like the Board’s input on this proposal. Isolated parcels, tax title parcels that serve no purpose, CD & RD parcels, and sliver parcels would not be included in the Civ District. Parcels owned for a public purpose would be included in the district with a few exceptions. Could layers be added by assessed ownership (US, Cambridge, Lexington, and Arlington)? Consider other names for the district if possible. Once the Board receives the PDF map of this article please forward any comments to staff. Page 6 Minutes for the Meeting of January 21, 2015  Tracer Lane, CM District Waltham Line near Route 128/I95 - A map was provided with the wording of the article. Staff has reached out to the owner without any response to date, but they are aware this rezoning was being done. A more detailed map would be made available for the public hearing.  Site Plan Review Applicability – The Board reviewed the description of the proposed article.  Technical Corrections – Add information for clarification to the Table of Uses, add definitions that were left out, typographical errors and add solar panels as structures.  Bank Moratorium – Add the end date of July 31, 2016 to the table. *************************DEVELOPMENT ADMINISTRATION******************** 11 Leonard Road, Approval Not Required: On a motion duly made and seconded, it was voted, 4-0, to endorse the plan as it did not need approval under the Subdivision Control Law. ***************************** BOARD SCHEDULING**************************** There will be a meeting on February 11 with public hearings on 3 Martingale Road, Planning th Board zoning articles, and Cary Avenue continued public hearing. On February 25 there will be the public hearing on Medical Marijuana and continued public hearings on Cubist CD-9 and the th planning board zoning articles. On March 4 the Planning Board will deliberate on the articles and draft reports for Town Meeting. On March 11 the Board will approve the final reports. ****************************BOARD REPORTS********************************** Mr. Canale said the CPA decided in addition to the allocation of $700,000 for the Grove Street Wright Farm Article an additional amount of $50,000 for the design of the sidewalks for the new community center was recommended. The final votes will take place at the meeting during the second week in February. It was recommended the Planning Board convey to the Board of Selectmen that it supports and have an interest in the Complete Streets Article. Once there is more information the Board can take a position. Minutes for the Meeting of January 21, 2015 Page 7 Ms. Johnson said the Center Committee is discussing parking in the Center and additional design funding for Grain Mill Alley. The Greenway Corridor Committee discussed criteria for analysis for new proposed routes which includes Martingale Road. There was a MAGIC meeting last week where the Town of Concord reported it was going forward with a zoning article to institute a floor area ratio for residential properties. The MAPC was looking for a greenways signage program for the 101 communities. *********************************MINUTES************************************ On a motion duly made and seconded, it was voted, 4-0, to accept the minutes of December 17, 2014, as amended. On a motion duly made and seconded, it was voted, 4-0, to approve the minutes of January 12, 2015. On a motion duly made and seconded, it was voted, 4-0, to adjourn at 10:15 p.m. The meeting was recorded by Lexmedia. The following documents used at the meeting can be found on file with the Planning Department:  Draft motions for Zoning Bylaw and map amendments for 2015 Annual Town Meeting 1. Amend Zoning map for CM District, Waltham line near Route 128/I95 (2 pages) 2. Amend Zoning Bylaw Site Plan review Applicability (1 page) 3. Amend Zoning Bylaw technical c Amend Zoning Bylaw corrections (2 pages) 4. Amend Zoning Bylaw CB District moratorium on banks and credit unions (2 pages) 5. Amend Zoning map Commercial District lines (10 pages)  Cover letter and application, dated November 17, 2014 regarding 36, 42 & 48 Cary Avenue (11 pages)  Definitive subdivision plan set for Cary Avenue dated November 17, 2014 (12 pages)  Memorandum from staff regarding Cary Avenue subdivision, dated January 16, 2015 (2 pages)  ANR plan of land for 11 Leonard Road, dated 1/16/15 (1 page) Timothy Dunn, Clerk