Loading...
HomeMy WebLinkAboutPlanning Board minutes 10-28-1996 PLANNING BOARD MINUTES MEETING OF OCTOBER 28, 1996 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7:05 p.m. by Chairman Canale with members Colman, Davies, Davison, Merrill, Planning Director Bowyer, and Assistant Planner Marino present. *************************** REGIONAL, INTERTOWN ISSUES ************************** 204 Hanscom Area Towns Committee. GEIR Update: In preparation for joining the Selectmen's meeting later in the evening, the Board discussed a four-page document that was approved by the Selectmen of the four HATS towns at a joint meeting on March 9 It is a list of short and long range goals and objectives for the Hanscom Area planning activities, and assumptions about these goals and objectives. They will be examined tonight at the Selectmen's meeting. Mr. Colman and Mrs. Davison expressed the belief that the question of whether Massport has to conform to local zoning must be determined very early on. Mr Bowyer said he does not believe Massport has proven its case that it is exempt from local zoning, a memo from Massport's legal staff notwithstanding. He said it gets back to the same principle expressed in several similar contexts - Metropolitan State Hospital, Middlesex Hospital and Minuteman Regional Science Technical High School - that a governmental entity above the municipal level, such as Massport is exempt only when performing an "essential governmental function" In this context operating an airport is the governmental function. "Airport related" activities are probably not subject to zoning. He understands the general rule to be that "non-airport related development", i.e. general real estate development on the property that is not part of, or related to airport operations, is not exempt and is subject to municipal zoning. He thought the towns should obtain a legal opinion from an expert in land use law Mr. Colman suggested that the Planning Board recommend to the Board of Selectmen that the four towns seek legal counsel to research the issue of what their rights are with regard to local zoning. Mr Canale agreed to present this idea. Mr Canale said that it is clear that Massport wants to bring more air traffic to Hanscom, especially commuter and corporate flights. Mr. Merrill said it is of prime importance for the Hanscom area towns to be able to clearly enunciate what they want out of the four town planning process. The meeting was recessed at 7.33 p.m. so that the Planning Board could attend the Board of Selectmen's meeting to hear a discussion of Hanscom Field issues. The meeting was reconvened at 8:55 p.m. **************************************** MINUTES ************************************** 205 Review of Minutes: The Board reviewed and corrected the minutes for the meeting of August 21, 1996 On the motion of Mr Merrill, seconded by Mr Colman, it was voted 4-0-1 to approve the minutes, as amended. Mrs. Davison abstained from voting as she was not present at that meeting. The Board reviewed and corrected the minutes for the meeting of September 9, 1996. On the motion of Mr Colman, seconded by Mr Davies, it was voted unanimously 5-0 to approve the minutes, as amended. *************************** REGIONAL, INTERTOWN ISSUES ************************** 206. Middlesex County Hospital: Mr Canale reported on an October 23 public hearing in at Middlesex Hospital hosted by the County Commissioners, at which Olympus Healthcare Group, Inc., who has an agreement with the County Commissioners to purchase the Middlesex County Hospital, described its goals. 2 Minutes for the Meeting of October 28, 1996 Selectman Leo McSweeney expressed the Town of Lexington's dissatisfaction with the way the process, which did not include the Town of Lexington or the City of Waltham, has been conducted and outlined Lexington's position. The County Commissioners had stated at the hearing that Middlesex County Hospital is losing money badly and will go out of business on January 1, 1997 unless they can arrange the sale to Olympus. Olympus wants to run the hospital but does not have a regular certificate of need, they have to share one. Mr Bowyer reported that with respect to the entire 110 acre parcel, the County clearly wants to separate out the sale of the Hospital buildings and their surrounding grounds from the rest of the site. The County Commissioners stated at the hearing that they have withdrawn the designation of Modern Continental, a development firm, to construct about 50 single-family homes on the remaining 40 acres. The County will restart the process to work with Lexington and Waltham on the reuse of this portion of the hospital property Mr Bowyer said the Hospital is in a single-family residence district in Lexington and in an Open Space and Recreation district in Waltham. The County is not subject to municipal zoning but the same question arises here that the HATS Committee is dealing with in relation to Hanscom Field. Can the County's exemption from local zoning be extended to a private, for-profit hospital - a use that is not permitted in that zoning district. An attorney advising the County Commissioners cited a court case in Falmouth, MA. which held was that a use brought into existence by a governmental exemption is considered a nonconforming use and a successor use could qualify under a substitution of nonconforming use provision. The Lexington Ad Hoc Middlesex County Hospital Committee is having a second meeting soon and members Mr Merrill and Mr Colman will report back to the Planning Board on that meeting. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* DETERMINATION OF GRADE AND CONSTRUCTION OF ITN4CCF.PTED STREETS 207 Valley Road/Myrtle Street Definitive Street Jmnrovement Plan. Mark Barons. PUBLIC INFORMATIONAL MEETING: Mr Canale opened the information meeting at 8:57 p.m. Present were Mark Barons, New England Construction Co., the applicant, and Thomas Flynn of Boston Survey, engineer Mr Barons said that the current plan addresses issues brought up by the Planning Board and the Engineering division at the preliminary plan stage. He said the Engineering Division has not had time to look at the test pit data. The Conservation Commission approves of the plan. Questions from the Planning Board included, how far is the stub end from the wetland, and will the road be public or private? Mr. Marino answered that this section of Valley Road, which is more than 1,000 feet from the public section of that Road, will be private. Scott Hutton, 67 Valley Road, asked where the proposed house would be situated and what road it would face. The Planning Board applauded Mr Barons for agreeing to extend the improved roadway to the end of Myrtle Street to service an additional house. The Board agreed to a pavement width of 20 feet, instead of the 24 foot width otherwise required, in consideration of that extension. Minutes for the Meeting of October 28, 1996 3 208. Oakmount Circle. Definitive Street Jmnrovement Plan. Richard Curtin. Decision: The Board reviewed a draft decision, dated October 28, 1996. On the motion of Mr Colman, seconded by Mrs. Davison, the Board voted unanimously to approve the wording of the decision disapproving the plan, as written. The decision essentially refers the matter back to the applicant because of unclear and contradictory information of whether the applicant has the legal right to make all the improvements shown on the plan. SUBDIVISION OF LAND 209 94 Adams Street. Woodhaven Realty Response to What Exnenditures May Oualifv as a Public Benefit: The Board reviewed and revised a draft letter to Woodhaven Realty, responding to Woodhaven Realty's suggestion that the time and money they have spent on the application process for their proposed subdivision under Section 7 4.5 at 94 Adams Street and Brent Road should count as the public benefit required by Section 7 4.5 On the motion of Mrs. Davison, seconded by Mr Merrill, the Board voted unanimously to approve the letter rejecting that suggestion. PLANS NOT REOUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 210 Form A/96-14 Fox Run Lane and East Street. Robert E. Phelan: The Board reviewed an Approval Not Required Plan for land at Fox Run Lane and 254 East Street. On the motion of Mr Merrill, seconded by Mrs. Davison, the Board voted unanimously to endorse the plan entitled "Plan of Land in Lexington, MA (Middlesex County)", dated October 11, 1996, prepared by Meridian Engineering, Inc., Peabody, MA., certified by Michael J Juliano, Professional Land Surveyor, with Form A/96-14, submitted by Robert E. Phelan, Diamond West Development Corporation, applicant, as it does not require approval under the Subdivision Control Law RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 211. Applications To Be Heard on November 14 1996: Mr. Colman gave an oral review of the following applications: 581 Marren Road. Century 21 Real Estate, special permit for temporary use of commercial space in a new residential district The Planning Board agreed to recommend denying the special permit. Its policy, which has been upheld by the Board of Appeals over the years, is not to grant a temporary use after an enforcement action, in this case the issuance of a cease and desist order, has been taken. It believes that to issue a special permit for a non-complying use would not uphold the Zoning By-Law or give the enforcement arm of the town proper support. In addition, the Board failed to see how an on-site marketing office with 17 employees can be justified for a proposed development with only nine dwelling units. Mr Butler's proposed development has only been presented to the Planning Board as a sketch plan. It will be some time before a definitive plan is approved. As soon as construction of the development is started, the existing building will have to be razed as it is in the path of the development. The Board will make no comment on the following applications, also scheduled to be heard on November 14 32 Winter Street, Diane Learned, variances to add covered front entrance and shed dormer t 32 Winter Street, Diane Learned, special permit to add a sec nd story 47 Rindse Avenue, Les Wallerstein, special permit to us Mon of re e as an office The meeting was adjourned at 10:36 p.m. / / Uva 7/‘ l//John L Davies, Clerk