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HomeMy WebLinkAboutPlanning Board minutes 1997 PLANNING BOARD MINUTES MEETING OF JANUARY 6, 1997 it The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7.38 p.m. by Chairman Canale with members Colman, Davies, Davison, Planning Director Bowyer, and Assistant Planner Marino present. Mr Merrill arrived during Item 2 and left during Item 9 **************************************** MINUTES ************************************** 1. Review of Minutes: The Board reviewed and corrected the minutes for the meeting of September 30, 1996. On the motion of Mr Davies, seconded by Mr. Colman, it was voted unanimously to approve the minutes, as amended. The Board reviewed and corrected the minutes for the meeting of October 28, 1996 On the motion of Mr. Davies, seconded by Mr Colman, it was voted unanimously to approve the minutes, as amended. The Board reviewed and corrected the minutes for the meeting of November 4, 1996. On the motion of Mr Davies, seconded by Mr. Colman, it was voted unanimously to approve the minutes, as amended. The Board reviewed the minutes for the Executive Session of November 4, 1996. On the motion of Mr Davies, seconded by Mr Colman, it was voted unanimously to approve the minutes, as written. ******************** PLANNING BOARD ORGANIZATIONAL MAI IERS ********************** 2. Metropolitan Area Planning Council (MAPC), Boundaries of Subregions: Mr Marino, the Town's representative to the Metropolitan Area Planning Council, reported that the MPO, the regional planning organization that disburses money for transportation projects, is being restructured. MAPC is now devising a procedure for electing cites and towns to this new MPO. The Town has requested that Lexington be made a part of the Minuteman Advisory Group on Interlocal Coordination (MAGIC) subregion, instead of the Northern Suburban region. The new sub region is aligned along the route 2 corridor and includes Lincoln and Concord, with whom Lexington has a longstanding relationship with Hanscom Area Towns committee. Lexington rarely attends a meeting of the North Suburban subregion. It has little in common with towns whose principal transportation issues are around Route 93 Bedford which also belongs to North Suburban, is in a similar predicament and is also considering changing to MAGIC. *************************** PLANNING DIRECTOR'S REPORT ************************** 3. Recent Activity a. Earl Street, Street Improvement Plan, Rollout: Mr Marino rolled out a sketch street construction plan for a portion of Earl Street, that was submitted by Dan Tocci. The staff has not reviewed the plan in detail yet. b. Winning Farm Land: The staff reported that they anticipate the filing of a subdivision plan for the former site of The Winning Farm, off Woburn Street. The Conservation Commission is currently reviewing a four-lot conventional subdivision plan submitted by Murray Hills, Inc. for that property c: Planning Board Candidates: Mr Bowyer said the staff has continued its practice of providing information about the Planning Board to candidates for election to the Board. Charles Hornig and Tony Galaitsis, who are both candidates for the five-year Planning Board term on the ballot in the upcoming Town election, were present. d. Spencer Street, LEXHAB House: Mr Bowyer reported that the Lexington Housing Assistance Board plans to buy the option on a parcel of land that was part of the Augusta land acquisition and the 915/917 Massachusetts Avenue subdivision. They then plan to ask the Selectmen's permission to file an application with the State Department of Housing and Community Development as a step in obtaining a Local Initiative Comprehensive Permit. e. Cary Library Grant Application: Mr Bowyer reported that the staff has done an analysis of possible alternate sites for Cary Library This was done as part of the application process for a State library construction 2 Minutes for the Meeting of January 6, 1997 grant. The State officials require that type of analysis and it does not reflect any real effort to move the library from its present location. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* SUBDIVISION OF LAND 4 Howard Munroe Court, Todd Cataldo, Construction of Retaining Wall. The Board reviewed and revised a draft letter, prepared by the staff. It informs the developer of the Munroe Village Subdivision that he must supply the Board with a Designer Certificate certifying that the stone wall constructed in the subdivision is within the Limit of Work Line. If he cannot, then the Board will assume that the wall is not in compliance with the approved plans, and the land outside of the Limit of Work Line will have to be restored to its original condition. On the motion of Mr. Colman, seconded by Mr Merrill, the Board voted unanimously to approve the letter, as revised. 5 94 Adams Street, Woodhaven Realty, Sketch Plan Application: The staff informed the Board that Woodhaven Realty has submitted a second subdivision sketch plan under Section 7 4.5 for their property at 94 Adams Street. The application does not include the required estimate of the value of the proposed public benefit, replacing the guardrail on Adams Street. Peter Kelley, Woodhaven Realty, was present and asked for an opportunity to explain the offer, which he did. However, he did not provide that information in written form. After some discussion, the Board agreed that the issue at hand is whether the Board has enough information to review the plans thoroughly They also agreed they do not and asked Mr Kelley to provide the estimate, for the work, in writing. Mr Kelley said he would send the estimate. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 6 Applications To Be Heard on January 9 and 23, 1997 Mr Canale gave an oral review of the following applications: 166 Bedford Street, B Street Bagels, renewal of special permit to operate a bagel shop The Board agreed that it supports the Zoning Enforcement Officer's position that the freestanding sign violates Section 13 of the Zoning By-Law 150 East Street, Doran Greenhouses, renewal of a special permit to operate a greenhouse/nursery and store plants The Board believes that Doran Greenhouses Inc. has outgrown its public parking area so that the present parking is inadequate. The Planning Board will recommend that a new plan for parking be required as a condition of renewal of the special permit. 10 Muzzey Street, Japonaise Bakery & Cafe, renewal of special permit to operate a take-out, fast-food service business The Planning Board continues to have concerns about parking capacity and the overall parking strategy for the area. It agreed to restate its recommendation from November 16, 1995 for this same property "The Planning Board believes that the principle behind the parking requirements of the Zoning By-Law, which were adopted by the Town Meeting in 1984, is sound. It deals with the mixture of public and private parking and that balance should be maintained. The Board believes it is not reasonable to allow one business to Minutes for the Meeting of January 6, 1997 3 increase parking demand and to deny others." Lot on Jefferson Avenue,Ronald and Alina Garry, appeals of a decision of the Zoning Enforcement Officer that the lot is not a buildable lot. The Planning Board agreed that it supports the decision of the Zoning Enforcement Officer that the lot is not a building lot. 182 Bedford Street, L'Alouette, Inc., renewal of a special permit to operate a gourmet take-out food service The Planning Board believes that expanding the hours of operation increases the nonconformity of a nonconforming use and thus violates Section 6.3 of the Zoning By-Law It will recommend that the applicant choose a ten hour period of operation. The Board had no comment on the following applications, also scheduled to be heard on January 9 and 23 87 Kendall Road, Jean Parr, renewal of special permit to use portion of residence as an office 177 Cedar Street, Lilly Szonyi, renewal of a special permit to use portion of residence as an office 1386 Massachusetts Avenue, Mormon Church, variance to the allow property to be divided into two lots ************************* ARTICLES FOR 1997 TOWN MEETING ************************** 7 Article A, CD Rezoning, 16 Hartwell Avenue, Response to January 2, 1997 letter from Michael Martignetti and Yvette Beeman: The Board received a letter, dated January 2, from the applicants for the rezoning of land at 16 Hayden Avenue, Michael Martignetti and Yvette Beeman. The letter advised the Board of revisions to their request to rezone the land and their proposal to build an office building at 16 Hayden Avenue. The Board reviewed a letter of response, prepared by the staff, dated January 6, 1997 On the motion of Mr Davies, seconded by Mr Merrill, the Board voted unanimously, 5-0, to approve the letter, as amended. Mr Bowyer stated there are two things that the Board should keep in mind as they consider the two rezoning proposals: 1) Instead of focusing on the Floor Area Ratio of the two proposals, the amount of impact of each should be examined. The staff's buildout analysis shows that the FAR on the small site is higher than that on the larger site. The W.R. Grace addition will bring the FAR on that site to 18 but their building and traffic impacts are twice as great as the 16 Hayden Avenue project whose FAR will be .367, and, 2) Comparisons with 1984 are inevitable but the ground rules are not the same in 1997 For instance the intersection capacity test has been added since that time. In 1989, the last time the Town approved CD rezonings, there was not a Planning Board policy for alternate transportation services. The cost to a developer of including alternative transportation measures will have to be absorbed in the development. 8. Article B, CD Rezoning, 55 Hartwell Avenue, W.R. Grace, Inc. At the sketch plan presentation by the applicants to rezone land at 55 Hayden Avenue,concerns about storm water drainage in the area were expressed by Caleb Warner, 546 Concord Avenue and by Erik Mollo-Christensen, 10 Barberry Road, in a letter to the Board. The Board discussed these concerns and agreed that they should be kept in mind throughout discussions surrounding the two rezoning proposals. ************************************** REPORTS *************************************** 9 Planning Board, Subcommittees -� Hanscom Area Towns Study Committee: Mr Canale reported that the new chairman of the HATS committee is Peter Sugar, Selectman of the Town of Lincoln. The meeting was adjourned at 10:39 p.m. / '/ / / 7L^ j 111///� ,. •, John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF JANUARY 21, 1997 The meeting of the Lexington Planning Board held in Room 105, Town Office Building, was called to order at 7 40 p.m. by Chairman Canale with members Colman, Davies, Planning Director Bowyer, and Assistant Planner Marino present. Also present were Charles Hornig and Tony Galaitsis, candidates for Planning Board. Mr Merrill was absent. Mrs. Davison arrived during Item 10. ****************** PLANNING BOARD PROJECTS, POLICY MAKING ******************* 10 Transportation Demand Management. Strategies and Stagea: Joining the Board for this discussion were Barbara Lucas, Town Transportation Coordinator, and Donald Graham of the Transportation Advisory Committee. Mr Bowyer gave a brief history of the Alternate Transportation Services Policy for RD, CD Proposals, adopted by the Planning Board in November, 1995 as an interim policy Tonight, the Board reviewed and revised a document entitled Stages of Transportation Demand Management, Commercial Development, dated January 9, 1997, that will be merged with the interim policy to produce the final policy The Board began its discussion by agreeing that transportation problems at the current stage of growth are best handled by addressing the demand side of the equation and that it is as important to examine the full spectrum of journey to work issues, e.g., the effects of development on "ambient traffic," or travel through residential areas, as it is to measure traffic at intersections. This Policy needs to address travel patterns from other suburbs in the metropolitan area because public transportation service, such as the MBTA and LEXPRESS, serves only a small percentage of the people employed in Lexington. Mrs. Lucas spoke favorably of the present Policy and added that some of the measures described in the draft document are measures that all businesses should be implementing anyway It would be helpful for the Board to state that building owners should pass some of the transportation requirements along to the tenants of the building. Solving commuters' problems is in the interest of both owners and tenants of buildings, e.g., a tenant may leave because they don't have access to good transportation to Lexington. She said that, for transportation alternatives to the single-occupant car to be used, they must be convenient, guaranteed and easily accessible. The western suburbs are not well served by public transportation. She is doing a survey of the Hartwell Avenue area to get a feel for the demand. Mr. Graham said he thought these ideas are good and flesh out the previous policy He also suggested that the annual report of the South Lexington Transportation Task Force should detail the efforts made by the applicant to enlist the support of building tenants in using alternative transportation. The Board agreed that the next step is to rewrite and incorporate the "Stages of Transportation Demand Management" into the Alternate Transportation Services Policy Mr Canale said there are probably simple elements of the policy that can be required town-wide but the present need is to deal with future development. Mr Bowyer said that the entire burden cannot be placed on the private sector The Town must make some corresponding effort to promote, cajole and be available when a company calls and says they have a transportation problem. The Board, Mrs. Lucas and Mr Graham went on to discuss an array of methods to deal with transportation demand such as a shuttle to Logan Airport, assistance to commuters to buy MBTA or LEXPRESS passes, (no tax is levied on the benefit and an employer can claim it as a cost of doing business), and outreach to areas not serviced. Mrs. Lucas described an array of existing programs that help companies encourage their employees to use alternate forms of transportation. { 2 Minutes for the Meeting of January 21, 1997 Mrs. Lucas commented that companies with over 500 employees are currently required to comply with EPA regulations dealing with air quality by using transportation demand limitation techniques. Mr Canale asked what power the Town has to require a capital amount from a developer as mitigation for impacts and or a continuing amount to cover items such as those addressed in this document. Mr Bowyer responded that the town in the past has included as a condition in special permits that a building owner could not get a certificate of occupancy until the capital improvement had been made. The Zoning By-Law now includes that requirement. The Board discussed further what they will expect from future applicants. Mrs. Lucas wants developments to be part of a Transportation Management Association and financially support a shuttle. She would like to see W R. Grace be more active in promoting alternative transportation. Mr Canale said we should expect corporate citizens to support the shuttle bus service. That should be a baseline and any other proposal should be over and above that. Mrs. Davison and Mr Colman would like to see them assess the need for transportation at noontime. 11 South Lexington. Position and Policies on Development in CRO Commercial Districts: The Board continued its discussion of the South Lexington commercial districts based on the second draft, dated January 17, 1997, of a discussion/outline questionnaire entitled Position, Policies on South Lexington CRO Commercial Districts. Intensity of Commercial Development FAR The Board agreed that the Board should not sponsor an amendment to restore the FAR district wide to the 1984- 5 levels (0.25) but should indicate its willingness to support a higher than present FAR(0.15)for developments it believes are worthwhile on a case-by-case basis through individual CD Planned Commercial Development districts. Mr. Colman agrees with this position but believes it still requires more study South Lexington Transportation Fund: Traffic Improvements Among the ideas put forward were the installation of sidewalks, or having a police officer on duty at peak traffic hours. Mr Canale noted that some of the South Lexington Transportation Fund is earmarked for a traffic signal but the Board seemed to agree that it did not favor installing signals. Mrs. Davison said she thinks that the absence of traffic signals helps to define Lexington's character favorably All members support the use of the money in the South Lexington Transportation Fund to make transportation improvements previously committed. In addition, they agree that the Town should require that the applicants for proposed CD rezonings: 1) provide additional money so that all affected intersections are improved to the appropriate level of service, and 2) commit to a transportation demand management program that reduces the dependence on single occupant vehicles (SOV). Increased Real Estate Tax Revenue Three members (Colman, Davies and Merrill ) agreed that in the South Lexington commercial area there is potential for increased commercial value and increased real estate tax revenue. Mr. Merrill stated that the Board should focus on increasing tax revenue from commercially zoned land to the extent the Town's infrastructure can accommodate more development. All members agreed that tax revenue is not the only criterion. It must meet other land use and zoning criteria. Mr Canale said that he feels that the character of the area is the most important factor to be considered against the gain in tax revenue. Minutes for the Meeting of January 21, 1997 3 Relationship Between Development Potential and Infrastructure Capacity Background: All members agreed that the Board should maintain its policy of seeking a balance between the development [Th potential the Zoning By-Law allows and the capacity of the infrastructure. South Lexington Transportation Fund: The Board revised the statement in the questionnaire to place a new emphasis on safety improvements and transportation demand management. The Board did not want to see all of the money go into intersection capacity improvements. Its position will be along the lines of the following: While spending what is required by Section 12 of the Zoning By-Law for intersection capacity improvements, a significant amount should be spent on safety improvements, such as sidewalks and bicycle paths and transportation demand management. The Board did not attempt to quantify the percentage distribution between traffic intersection improvements, safety improvements and transportation demand management. All members agreed with the statement that the Planning Board should aggressively pursue growth of the Fund to insure that safety and "other transportation" improvements are made. Dimensional "Consistency" There was extensive discussion of whether a new CD Planned Commercial district should track the dimensional standards in Table 2 of the Zoning By-Law for the most closely comparable commercial district. Most of the members thought that was contrary to the intent of the CD district-that it be a flexible procedure that deals with the peculiarities of individual sites. Most members leaned toward this choice of wording: The dimensional standards for a proposed new CD Planned Commercial district should be based on the characteristics of the site and be generally consistent with the character of development in Lexington. 12. Preliminary Overview of Projected Traffic Impact and Proposed Mitieatj: The Board considered traffic issues, in South Lexington, raised by a traffic impact analysis, prepared by Abend Associates for Spaulding & Slye/Collier in connection with the application of W.R. Grace for a rezoning of 55 Hayden Avenue. The analysis points out that all intersections likely to be affected by the proposed development are at traffic level of service E or F in either the morning or evening peak hours. *************************** REGIONAL, INTERTOWN ISSUES ************************** 13 Hanscom Area Towns Study (HATS) Recent Events: a. Bus Tour of Four Town Area: Mr Canale reported on the recent bus trip with the HATS selectmen and planning board representatives along with Buzz Constable of Lincoln, Nancy Nelson, Superintendent of MinuteMan National Historical Park, and Barbara Forster of the Lexington MinuteMan. Also on the tour were members of The Daylor Group, consultants to the four Hanscom area towns. The tour was to provide background information on Hanscom Air Field and surrounding areas in preparation for The Daylor Group's work on the Four Town Master Plan Study Mr Canale said that the study could be completed as early as next June. b Hanscom Generic. Environmental Impact Report: Mr Canale gave some background on the Hanscom Generic Environmental Impact Report. He said it is an update of a study conducted by Massport that establishes a baseline of what is occurring now at Hanscom Air Field and considers future likely growth possibilities. It describes impacts and needed mitigation efforts. The Report will be submitted to the Massachusetts Environmental Protection Agency which decides if it is acceptable or not. Based on this report, the State Secretary of Environmental Affairs decides if future individual projects need to be examined separately for environmental impact or if the generic report is sufficient. Mr. Canale said this is why it is so crucial that the study be done to the four HATS towns' satisfaction. 4 Minutes for the Meeting of January 21, 1997 Massport has said it is done establishing the baseline. Mr Canale said the representatives of the four towns disagree and have put forward an alternative that would extend the time of the study to June, 1997 ************************** PLANNING DIRECTOR'S REPORT ************************** 14. Recent Activity a. The Winning Farm Pronerty Mr Bowyer reported that Justin Margolskee, 23 Peachtree Road, an abutter of the former site of the Winning Farm, has asked the Planning Board not to act on the sketch subdivision plan submitted to it by Murray Hills, Inc., the developer of that property His concern is drainage and wetland issues. Mr. Bowyer said he had hoped those issues would be dealt with by the Conservation Commission at their recent hearing, but the timing is such that Planning Board must act on the sketch plan before the Commission's determination. b Selectmen's Business Committee: In response to an inquiry from Mrs. Davison about what connection the Planning Board has to this Committee, Mr. Bowyer reported that Mr Marino was assigned by the Town Manager to the Selectmen's Business Committee's Technology subcommittee. Per a meeting between Selectman Dan Fenn, Mr Canale, Town Manager Richard White and he, a draft of the report of the whole Business Committee, which has three subcommittees, was to be sent to the Planning Board before its final version. That has not happened although, according to reports in the Minute-man, the report has been discussed and may have been approved by the Board of Selectmen. c. Sheraton Hotel. Petition for SPS. The Board agreed that they wish to make a strongly worded recommendation to the Board of Appeals regarding The Flatley Corporation's application for an SPS to remodel the Sheraton Hotel at 727 Marrett Road. The Flatley Corporation is submitting the same plans approved by Town Meeting in 1989 despite changes in the design of Route 2A. The Board believes the plans submitted to the Board of Appeals should be up to date. The Board supports the construction of the addition to the hotel but the approved plans should reflect what will be on the ground s ,��' ly, not so - g from eight years ago. The meeting was adjourned at 11:20 p.m. r John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF JANUARY 27, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7.39 at p.m. by Chairman Canale with members Colman, Davies, Davison, Merrill, Planning Director Bowyer, and Assistant Planner Marino present. SUBDIVISION OF LAND 15 94 Adams Street/Brent Road, Sketch Plan, Public Information Meeting: Present were Richard Perry, the applicant, Gary Larson, landscape architect, of Larson Associates, and Richard Waitt, engineer, of Meridian Engineering Collaborative. There were 23 people in the audience. Mr Larson presented a compliance plan, and a sketch subdivision plan under Section 7 4.5 of the Zoning By-Law for 94 Adams Street. The applicant would prefer to build the Section 7 4.5 plan. The Board had not been in favor of a previous sketch plan for this property presented to them in 1996. The new plan shows one new structure on each building lot and the demolition of the existing structure. It also shows utilities brought in from both Brent Road and Adams Street. Questions from the Board had to do with the setback from Adams Street, the public benefit, and the developer's plans to deal with drainage. Abutters have repeatedly expressed concern about water levels in the area. In answer to Mr. Canale's question about the condition of the house to be demolished, Mr Larson said that it is not in very good condition. Mr Larson spoke about the large trees that hang over Adams Street, saying they provide a feeling of character and scale to the street. He believes that to lose them would have a major negative impact. The compliance plan shows their removal. He explained to Stephen Fish, 7 Brent Road, that if they build according to that plan, the trees would have to be removed for construction of the road required by the Development Regulations, along with other destructive site work. The compliance plan also forces the proposed dwelling closer to the wetlands. Dr Fish had previously expressed his and other abutters' concerns about the water problems they have experienced over the last 25 years. Mr Larson said that the Section 7 4.5 plan reflects better site planning and preserves the character of Adams Street that the existing large trees provide. Mr Perry described the planned houses as 21 story colonial-style homes of about 3,000 square feet. There were numerous other comments and questions from the audience regarding the storm water drainage plans, the public benefit required under Section 7 4.5, and from which street access would be made. Residents pointed out that the Town's snow plowing operations on the stub dead end of Brent Road leaves large snow piles that would block the proposed driveway 16 Winning Farm, Murray Hills, Inc., Sketch Plan, Public Information Meeting: Present were Phyllis Etsell, the applicant, of Murray Hills, Inc., Davis Prato, landscape architect, of Prato Associates, Inc. and Douglas Miller, engineer, of Commonwealth Engineering Inc. There were 22 people in the audience. Mr Prato described the proposed plans for a four-lot conventional subdivision off Blueberry Lane. The plans show a 24 foot wide street ending in a cul de sac. A screen of evergreens would be planted to protect the abutters' privacy Mr Douglas described the drainage system which he says complies with the Development Regulations. He said the Conservation Commission has defined the wetland line and new plantings suitable to wetland areas will define it visually and increase absorption of water runoff. Questions from the Board had to do with the developer's plan for the fifth lot shown on the plans, why they chose to build their subdivision street off Blueberry Lane, their plans for wetland enhancement, the length of the driveways, and the amount of usable open space. Mr Prato answered that the amount of open space has not yet { 2t 2 Minutes for the Meeting of January 27, 1996 been calculated. The Board also asked if they had considered designing a cluster subdivision. Various neighbors of the project expressed concern about the drainage system because of high groundwater in the area. They also questioned the planned access to the site from Blueberry Lane. In response to questions about a connecting road into a proposed multi-family development on the part of the Winning Farm property in Woburn, Mr. Miller said the topography and wetlands posed real hurdles to a physical connection. He suggested a conservation restriction along the Town boundary that would settle that concern forever. RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 17 Applications To Be Heard on February 13, 1997• Mr Colman gave an oral review of the following applications: 3 Ellen Dana Court, Margaret&Howard Ris, special permit for continued use of a room above a two- car garage as an office 53 Forest Street, Linda Lombardi, variances to construct one-story addition, deck and bulkhead to a nonconforming dwelling The Board agreed to make no recommendation to the Board of • 'peals on etitions. The meeting was adjourned at 10:17 p.m. / John L. Davies, Clerk fi PLANNING BOARD MINUTES MEETING OF FEBRUARY 3, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7.40 p.m. by Chairman Canale with members Colman, Davies, Davison, Merrill, Planning Director Bowyer, and Assistant Planner Marino present. ************************************* MINUTES *************************************** 18. Review of Minutes: The Board reviewed the minutes for the meeting of November 18, 1996 and December 16, 1996 On separate motions each made by Mr. Merrill, seconded by Mrs. Davison, it was voted unanimously to approve those minutes, as written. The Board reviewed and corrected the minutes for the meeting of November 25, 1996 and December 9, 1996. On separate motions each made by Mr. Merrill, seconded by Mrs. Davison, it was voted unanimously to approve those minutes, as amended. ****************** PLANNING BOARD ORGANIZATIONAL MAI MRS ********************* 19 Planning Board Annual Report: The Board reviewed and corrected a draft report, dated February 6, 1997 On the motion of Mr Merrill, seconded by Mr Davies, the Board voted unanimously to approve the report, as amended. *************************** PLANNING DIRECTOR'S REPORT ************************** 20. Recent Activity Mr Bowyer reported that a parcel of land on Carl Road, an unaccepted street, has been sold to a builder The staff expects a Street Improvement Plan to be filed soon. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************** SUBDIVISION OF LAND 21 Johnson Farm Road, William Hamilton, Accept New Covenant: Mr Marino reported that William Hamilton, developer of the Johnson Farm Road subdivision, has transferred ownership of the subdivision to Cornerstone Concepts, Inc. The Regulations require that the Planning Board be informed of the sale or transfer of a subdivision and that a new covenant be executed by that new owner Mr Marino said that a new covenant has been executed by Stephen Hamilton, President of Cornerstone Concepts, Inc. On the motion of Mrs. Davison, seconded by Mr Merrill, the Board voted unanimously to accept the covenant executed on January 28, 1997, by Stephen W Hamilton, President of Cornerstone Concepts, Inc. 22. Winship Common, Mark Moore Homes, Request for Field Change: Mr Marino reported that Frank Carney, of Mark Moore Homes,has requested a field change in the Winship Common subdivision. He would like to replace some sections of sloped granite curbing on the outside of the cul-de-sac turnaround with cape-cod style berms. The staff reported that the Town Engineer not only supports this request, he asks that the Board consider removing the requirement for sloped granite curbing on cul-de-sacs entirely from the Development Regulations, as stated in his January 3, 1997 memo. On the motion of Mr Merrill, seconded by Mr Colman, the Board voted unanimously to approve the request from Frank Carney, for Mark Moore Homes, Inc., as described in his letter to Richard L. Canale, Chairman, dated December 20, 1997 23. 94 Adams Street, Woodhaven Realty, Sketch Subdivision Plan under section 7 4.5, Decision: The Board reviewed a draft decision, dated January 31, 1997 After a brief discussion, on the motion of Mrs. Davison, c_J seconded by Mr Merrill, the Board voted unanimously to approve the draft decision, as written. 2 Minutes for the Meeting of February 3, 1997 24 Murray Hills Subdivision, Sketch Subdivision Plan, The Winning Farm, Decision: The Board reviewed and revised a draft decision, dated January 31, 1997 After a discussion, on the motion of Mr Davies, seconded by Mr Merrill, the Board voted unanimously to approve the decision as amended. 25 Munroe Village, Todd Cataldo, Compliance with Subdivision Plan: Mr. Marino reported that Todd Cataldo, the developer of the Munroe Village subdivision, did not respond satisfactorily to the Planning Board's letter informing him that it received a letter of complaint from an abutter about the placement of part of a stone wall on her property The Board reviewed a draft letter of response, prepared by the staff, informing Mr Cataldo that the work on the subdivision must be immediately brought back into compliance, and the land outside the limit of work line and outside the boundary of the subdivision must be restored to its original condition. On the motion of Mr Davies, seconded by Mr Colman, the Board voted unanimously to approve the letter RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 26. Applications To Be Heard on February 13, 1997 Mr Colman gave an oral review of the following applications: 95 Hayden Avenue, Fresenius Medical Care, special permit for a wall sign that exceeds the width restriction The Planning Board agreed to recommend disapproval of this petition. It believes the overall signage plan is out of character with Lexington tradition and policies for commercial signage. As stated in the application for the OUI sign at 80 Hayden Avenue, the Planning Board, the Board of Appeals and the Town generally discourage signs for advertising but permit signs that are directional. The face which Lexington seeks to present to the world is not one of businesses competing for attention from motorists on expressways. In a multi-tenant building, there should be a freestanding directional sign but no signs should be on the building itself. The Planning Board recommends the applicant reevaluate its signage plan and submit a plan more in keeping with Lexington's tradition and policies for commercial signage. 3 Nickerson Road, Thomas Hiniker, variance to build an addition to the front of the garage The Planning Board believes the applicants have not demonstrated that they meet the statutory criteria for granting a variance. It believes that an addition could be built that does not violate the Zoning By-Law The Planning Board made no recommendation on the following petitions, also scheduled to be heard on February 13, 1997 3 Ellen Dana Court, Margaret & Howard Ris, special permit for continued use of a room above a two-car garage as an office 53 Forest Street, Linda Lombardi, variances to construct one-story addition, deck and bulkhead to a nonconforming dwelling 27 727 Marrett Road, the Sheraton Hotel, The Flatley Corporation, Application for an SPS: Mr Bowyer reported that the Flatley Corporation, in its recent application to the Board of Appeals for an SPS, has filed the same plan approved by Town Meeting in 1989 The Conservation Commission and the Design Advisory Committee have both written letters expressing their dissatisfaction with the application. Mr. Bowyer said that the applicant seems to think that the redesign of Route 2A near the Sheraton does not affect its remodeling plans. That is incorrect. The approval in 1989 conditioned any further construction at the hotel on the Route 2A reconstruction. The staff recommends that the Planning Board write to the Board of Appeals indicating that a revised plan incorporating revisions in relation to Route 2A should be submitted. The Board agreed and ask the staff to draft Minutes for the Meeting of February 3, 1997 3 rn strongly worded letter recommending that the Board of Appeals postpone any further action until a revised plan has been submitted. On the motion of Mr. Davies, seconded by Mrs, Davison, the Board voted to recommend to the Board of Appeals that it deny the Sheraton petition if the Flatley Corporation goes forward with its application using the 1989 plans. ************************************** REPORTS *************************************** 28. Planning Board, Subcommittees a. Middlesex County Hospital: Mr. Colman reported on a recent meeting of the Middlesex County Hospital Land Reuse Committee. He said that clarification is needed on many issues regarding the future of the County Hospital, and Middlesex County itself, and their impact on portions of the site in Lexington and Waltham. The Committee asked Lexington's Town Counsel to find out what the County's lawsuit with the City of Waltham is all about. Mr Colman stated that there are currently three bills before the Legislature having to do with abolishing county government. It will be important for the Town to convey its views to its State Representative and Senator about collecting money owed the Town by the County and the about disposition of the land before any legislation is passed. Mr Bowyer says that if planning resumes on that site in a serious way, a locus/context map that shows what surrounds the site that straddles the boundary line between two communities (Lexington and Waltham), as well as good site plan information, will be needed. Mr Merrill suggested putting the best Lexington and Waltham information together b. HATS, Update of GEIR. Mr Canale reported that Massport plans to finish the Hanscom Field Generic Environmental Impact Review update by June. He also said that the HATS committee will meet with Peter Blute, the new Executive Director of Massport. The meeting was adjourned at 10:33 p.m. do , 7 John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF FEBRUARY 10, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7:35 p.m. by Chairman Canale with members Colman, Davies, Davison, Merrill, Planning Director Bowyer, and Assistant Planner Marino present. ************************************* MINUTES *************************************** 29 Review of Minutes: The Board reviewed the minutes for the meeting of January 27, 1997 On the motion of Mr. Colman, seconded by Mr. Merrill, it was voted unanimously to approve the minutes, as written. ****************** COMPREHENSIVE PLANNING, POLICY MAKING ******************** 30 Review of Transportation Demand Management Policy The Board continued its review and revision of a draft document, dated February 5, 1997, entitled Transportation Demand Management Policy In response to a question from Mr Canale, Mr Bowyer delineated the development of the transportation demand policy thus far He said it is the logical next step in the history of Lexington's land use policy Lexington has been a leader in transportation policies, including the Lexpress intra town bus service and South Lexington Transportation Fund. Asked what force a policy has, Mr. Bowyer answered that its effectiveness is based on the influence the Board has and how often it uses it. He compared it to the Board's Inclusionary Housing Policy, which has been effectively used for more than a decade. Barbara Lucas, Town Transportation Coordinator, Donald Graham, Elaine Dratch and Ben Turk, members of the Transportation Advisory Committee,joined the meeting for this discussion. In answer to the question about the effects of the policy, Mr. Bowyer answered that the policy affects how the Planning Board makes recommendations Iin relation to land use decisions. Further questions addressed in the draft were: to whom does the policy apply, what kinds of guidelines are needed, what triggers the policy, what is the applicability, and what level of effort is to be required of applicants. All agreed that the goal of the policy is to have all big companies participating in traffic mitigation measures. *************************** REGIONAL, INTERTOWN ISSUES ************************** 31 Position, Policies on West Lexington: The Board continued its review and revisions of a draft document entitled Planning Board Position on Land Use:Hanscom Area Master Plan Study, dated January 16, 1997 Mr Bowyer stated that there has been confusion over what the four town master plan study is. He explained that it will examine Hanscom Air Field at its boundaries with the four surrounding towns: Lexington, Bedford, Lincoln and Concord. The outline prepared by the staff that the Board is using to shape its discussions, is based on the premise that as any development consideration at Massport has to meet certain criteria and standards, developments in the adjoining towns that impact Massport as well as other towns should also meet these criteria and standards. According to Massport, the maximum amount of office development that could occur at Hanscom Air field is 60- 100,000 square feet due to the limitations of their roadways. On the motion of Mr. Merrill, seconded by Mrs. Davison, the Board voted 4-1, Mr. Colman opposed, to adopt the working draft, as amended. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 32. Applications To Be Heard on February 13, 1997• Mr Colman gave an oral review of the following 2 Minutes for the Meeting of February 10, 1997 applications: 45 Hartwell Avenue, Shionogi BioResearch Corporation, determination that proposed renovations are a minor revision. The Board agreed that they consider the proposed renovations a minor revision to the special permit. 727 Marrett Road, The Flatley Company (Sheraton Hotel) Special Permit with Site Plan Review The board reviewed and revised a draft letter,prepared by the staff, recommending to the Board of Appeals that the Flatley Company withdraw this application and submit a revised application: 1)reflecting changes resulting from the approval of the widening of Route 2A and 2) including a transportation demand management plan as required by the 1989 Town Meeting approval. If Flatley does not withdraw and goes forward with its application using the 1989 plans, the Planning Board will recommend that petition be disapproved. On the motion of Mr Colman, seconded by Mr. Merrill, the Board voted unanimously to approve the letter, as amended. The Board agreed to make no comment on the applications below 2 Eliot Road, John and Patricia Sawyer, variance to build two-car garage 7 Juniper Place, Amy and David Goldminz, variance t add a vestibule and new front steps The meeting was adjourned at 11 15 p.m. L ( IJohr John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF FEBRUARY 24, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7:35 p.m.by Chairman Canale with members Colman, Davies, Davison, Planning Director Bowyer, and Assistant Planner Marino present. Mr Merrill was absent. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 33 Applications To Be Heard on February 27, 1997• Mr Colman gave an oral review of the following applications: 9 Pleasant Street, Arthur Anthony, variance for a two-story addition The Planning Board agreed there was not sufficient information in the application they reviewed to make a recommendation. Additionally, the details on the existing setbacks of the dwelling provided by the applicant are inconsistent with the other information within the application material. The Board agreed to make no comment on the application below also scheduled to be heard by the Board of Appeals on February 27, 1997 2 Rowland Avenue, Michael and Sharon Cassettari, special permit to demolish and replace one-car garage 7 Juniper Place, Amy and David Goldminz, variance to add a vestibule and new front steps 2 Eliot Road, John and Patricia Sawyer, special permit to add a second story SUBDIVISION OF LAND 34 Winship Common Subdivision, Mark Moore Homes, Release of Lots: Mr. Marino reported that Frank Carney, f representing Mark Moore Homes, wants to deposit surety with the Town in order to have lots in the Winship Common subdivision, off Lowell Street, released for sale. The total remaining "Cost to Construct" for the work at this subdivision, as approved by the Engineering Department, is $16,183. There is now on file a passbook with a balance of $25,000 from Lexington Savings Bank. After a brief discussion, on the motion of Mr. Colman, seconded by Mr. Davies, the Board voted unanimously, 4-0: 1) That the amount of surety for the Winship Common Subdivision be set at $25,000 That this amount includes: the total remaining "Cost to Construct," a contingency, an allowance for escalation of construction costs and an allowance for the Town's administrative costs, and is the amount necessary to hold until the completion of the community facilities and the subdivision. That this level of surety is determined to be sufficient through February 24, 1998 only; 2) If the subdivision is not completed by February 24, 1998, or if little or none of the work that remained, at the time this surety was posted, is completed by that time, and the current costs, of the amount of work to be completed,have increased,the amount of surety will be increased to reflect the costs of completing the work and the developer will be required to furnish additional surety to the Planning Board; 3) to accept surety in the amount of$25,000 in the form of Lexington Savings Bank Passbook number 11- 092001619; and 4) to release lot numbers 1, 2, 3, 4, 5, 6, and 7 The Board recessed at 7:55 p.m. to reconvene in Estabrook Hall for Public Hearings on the two rezoning petitions to Town Meeting. ************************ ARTICLES FOR 1997 TOWN MEETING ************************ 35 Article 27 CRO to CD Rezoning, 55 Hayden Avenue, W R. Grace Company, PUBLIC HEARING: Mr Canale opened the hearing at 8:04 p.m. There were 55 persons in the audience. Present to explain W R. 2 Minutes for the Meeting of February 24, 1997 Grace's request to rezone their land at 55 Hayden Avenue were David Vickery, Paul Messina and Thomas McCariggle of Spaulding and Slye, agents for W R. Grace; Thomas Barry, W R. Grace; Robert Weidknecht, engineer, of Beals and Thomas;Trudy Ernst, of Goodwin, Proctor and Hoar, attorney, and Norman Abend, traffic ; consultant. Mr. Vickery showed an overview of the company's property on Hayden Avenue with its two existing buildings: a laboratory building and an office building. He said the original plans for the site envisioned a more intense level of use, with a total of four buildings. But now, for the third and final phase of site development, W R. Grace would like to build a four story, 80,000 square foot addition to the existing office building. The entire site is the subject of the rezoning from CRO, Regional Office, to CD, Planned Commercial District. The current tenants of the buildings are Hampshire Chemical and The Container Group, formerly part of W R. Grace. They both have flexible working hours so that employees can avoid peak traffic times. W R. Grace will contribute money to the Town to provide either signalization or a police detail, where needed, to improve the flow of traffic. They will also continue to encourage employees to car pool to lessen dependency on single occupant vehicles. With regard to the wetlands on the site, W R. Grace has offered the Conservation Commission an easement adjacent to Hayden Woods that will forever restrict development in that area. They are willing to improve the pathways and set up a small parking area there for residents, if the Town wishes it. Mr Vickery said that additional property tax revenue to the Town from the building would be in the area of $180,000 to $250,000 Mr Canale asked for questions and comments from the Board. Mr. Davies said he would like to see the wooded knoll, in the area proposed for parking lot, retained and used as part of the effort to make the parking area as attractive as possible. Mr. Vickery answered that W R. Grace is sensitive to the value of an attractive parking area and tries to work with the landscape in its designs. Mrs. Davison, referencing the 900 planned parking spaces, asked if they would "bank" some of these spaces, not paving them until a definite need exists. Mr Vickery agreed that they could watch the effect of staggered work hours to see if the actual need for parking is less than 900 spaces. In response to her suggestion of a smaller addition, Mr. Vickery said that a few large tenants are much easier to control than a higher number of small tenant businesses. Mr Canale asked them what other measures W R. Grace has taken to address traffic demand management. Mr Barry answered that a few employees use the bus shuttle to/from Alewife station. Mr Canale asked for questions and comments from representatives of Town boards and committees. Ephraim Weiss, Lowell Street, Town Meeting Member from Precinct 5, asked for a description of the drainage system. Mr Weidknecht explained that it is designed according to the current "best management practices." He said that eventually detention basins get clogged and that W R. Grace will maintain them. Alan Lazarus, Woodland Road, Precinct 6 Town Meeting Member, asked what the traffic studies show Mr Abend answered that flextime greatly improves traffic conditions at peak travel times, and that a traffic signal would bring the intersections up to level B or C from F He added that levels A and B are rarely reached in an suburban metropolitan area like Lexington. Paul Riffin, 6 Field Road, representing the South Lexington Civic Association told Mr Vickery that the neighborhood is very concerned about increased traffic in the area because there are no sidewalks. Caleb Warner, Minutes for the Meeting of February 24, 1997 3 546 Concord Avenue,pointed out that the applicant does not have a right to a rezoning. He said that Town Meeting may bestow the privilege if they are satisfied with the applicant's responses to residents' concerns. Further questions included: Why do they want the land rezoned?What will the FAR be? Have they considered any alternate surfaces, like a concrete grid, for the parking areas? Can the Planning Board set limits on the number of cars entering and leaving?How many new employees will the addition house? Mr Canale closed the hearing at 9:30 p.m. 36 Article 28, RO to CD Rezoning, 16 Hayden Avenue, Martignetti/Beeman, PUBLIC HEARING: Mr. Canale opened the hearing at 9:34 Present to explain their request for a rezoning of land at 16 Hayden Avenue, currently zoned RO, Single Family Dwelling, and their plans to build an office building, were Michael Martignetti, and Yvette Beeman, applicants; Larry Smith, Cranberry Hill Associates, development consultant; Ronald Wood, landscape architect, Guidelines, Inc., Michael Haas, architect, add Inc., David Hays and David Varga, engineers, The BSC Group, and John Farrington, attorney Mr. Martignetti introduced himself and the development team and explained that the plans they are showing tonight are not the ones they will be following. They are now proposing to build a smaller building and would like to continue the hearing when those plans are ready The change is from a 40,000 square foot to a 31,000 square foot building. However, tonight they will introduce the site and describe proposed improvements that will happen irrespective of the building's size. He emphasized that they want to do the right thing, saying that the Planning Board previously suggested a smaller building so that is what they are coming back with. He said that storm water drainage system will aggressively address resident concerns about flooding of the Swommonland. Mr Smith showed a number of slides, orienting the audience to the site and approaches to it. The site is surrounded by roads and is not really a good spot for the existing dwelling there. He explained that the automobile sight line along Hayden Avenue, if entering from the Route 2 ramp to Waltham Street, will be improved ten fold by contouring the hill only slightly There were several questions from the audience having to do with drainage, public transportation and parking. Mr. Canale declared the hearing recessed, at 10:30 p.m., until 8:00 p.m. on Monday, March 17, 1997 The Board continued discussing traffic management in relation to the two rezoning petitions. They agree that traffic signals are not desirable because they are visually objectional. 37 Completion of Mrs. Davison's Term Mr. Canale, in behalf of the other members of the Board, thanked Mrs. Davison for her six years of devoted and energetic service on the Planning Board. This is Mrs. Davison's last meeting. A new member will be chosen at the Town Election on March 3. The meeting was adjourned at 10:58 p.m. r John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF MARCH 5, 1997 The meeting of the Lexington Planning Board held in Room G-3, Town Office Building, was called to order at 7:35 p.m. by Vice Chairman Merrill with members Colman, Davies, and Galaitsis, Planning Director Bowyer, and Assistant Planner Marino present. Mr Canale was absent. ****************** PLANNING BOARD ORGANIZATION, SCHEDULE ******************* The board welcomed new member Anthony G. Galaitsis who was elected to a five-year term on the Planning Board at the Annual Town Election on March 3, 1997 38. Signature Sheets for Registry of Deeds and Land Court: As required by State statute, the Board endorsed signature sheets, required to be on file with the Registry of Deeds and the Land Court, reflecting the current membership of the Board and staff members authorized to sign for the Board. ************************ ARTICLES FOR 1997 TOWN MEETING ************************ 39 Article 27 and 28, CD Rezonings at 16 and 55 Hayden Avenue: The Board identified and discussed those points of the two rezoning petitions that most concern them. Mr Merrill said that he generally supports these two petitions and believes the Board should work hard to negotiate some improvements above and beyond what the proponents are offering. His "wish list" includes: 1)improved drainage for Five Fields neighborhood, 2) a serious commitment to the transportation demand management policy, 3) putting the utilities underground at both ends of Hayden Avenue [that is a "deal breaker" for him] and 4) addressing the landscape character of those areas. He would particularly like to see the Waltham Street /Hayden Avenue intersection made more of a visual "gateway" to Lexington. Mr Galaitsis suggested pooling the parking areas of the businesses and inquired whether parking for the 16 Hayden Avenue property could be provided on another lot. He asked how effective the conditions put on businesses would be. Mr Colman was also generally in favor of the proposals. 16 Hayden Avenue is not a good location for a single family house. He wants to see W R. Grace make a better effort at encouraging transportation alternatives among its employees and tenants. He would like to see improved transportation service to Lexington Center Mr. Davies liked the looks of the proposed addition to the W R. Grace building but he has great concern over the high number of parking places. A "deal breaker" for him in the 55 Hayden Avenue project is the preservation of the wooded knoll in the proposed parking area. He also thinks the addition should be smaller, perhaps 60,000 sq. ft., as it would be further from the wetland line and require fewer parking spaces. One day recently he did a parking lot survey there at 1:00 p.m. and found one whole parking area was empty The amount of parking planned at the 16 Hayden Avenue project also disturbs him but he likes the idea of the parking deck because it can hide the view of open air parking. Mr. Canale feels differently now about the chances of the two CD rezonings being passed by Town Meeting. The W R. Grace building addition would bring so many more people to Lexington, especially if, as Transportation Coordinator Barbara Lucas reported, businesses are getting more people into office space now with the use of cubicles instead of offices. He wondered what the consequences would be if W.R. Grace used their current space more intensively The Plan will need to include limitations on the reuse of the laboratory building. He said that in terms of the Transportation Demand Management Policy, it would be better not to have more employees coming to Lexington. He also noted that flex time is a dilemma in that it does reduce peak hour traffic but spreads traffic to longer hours and reduces the effectiveness of alternative transportation services. He speculated , that residents might prefer to concentrate traffic to the peak hour to minimize the disturbance at other times of the day 2 Minutes for the Meeting of March 5, 1997 As to the 16 Hayden Avenue proposal, he is concerned about the effects on Lexington Center of medical groups currently located there moving to the proposed building on Hayden Avenue, as the proponents have stated they will. He might lean to general office space, rather than medical office. A strong transportation demand management plan from the developer will be necessary, in his view The Board agreed that installing five new traffic signals to control added traffic from the two developments is completely unacceptable. ********************************* POLICY MAKING *********************************** 40. Transportation Demand Management Policy The Board reviewed and revised a draft of their Transportation Demand Management Policy, dated February 26, 1997 On the motion of Mr. Merrill, seconded by Mr Davies, the Board voted unanimously to approve the policy, as amended. ************************************** REPORTS *************************************** 41 Planning Board, Subcommittees HATS: Mr Canale reported that The Daylor Group, consultants to the Hanscom Area Towns Study Committee, has published a brochure that incorporates the Lexington Planning Board's document entitled "Land Use Policy in Relation to the Hanscom Master Plan Study " (See Minutes, February 10, 1997, item 31 ) He also outlined the schedule of future meetings having to do with the four HATS towns' issues The meeting was adjourned at 10:30 p.m. r Gtr John L. Davies, Clerk I - ,--_, PLANNING BOARD MINUTES MEETING OF MARCH 10, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7:37 p.m. by Chairman Canale with members Colman, Davies, Galaitsis, Merrill, Planning Director Bowyer, and Assistant Planner Marino present. *********************************** MINUTES *************************************** 42. Review of Minutes: The Board reviewed the minutes for the meeting of January 6, 1997 On the motion of Mr Davies, seconded by Mr Colman, it was voted unanimously 4-0 to approve the minutes, as written. Mr Galaitsis abstained from voting as he was not a member of the Board at the time of that meeting. ********************PLANNING BOARD ORGANIZATIONAL MATTERS ***************** 43. Citizen Planner Training Collaborative Spring Workshon.s. Mr Bowyer informed the Board of the spring workshops scheduled to be held by the Citizens Planner Training Collaborative. Topics include: Special Permits, Preserving Community Character, Conflict Resolution, and Roles and Responsibilities of Planning and Appeals Boards. ************************* PLANNING DIRECTOR'S REPORT ************************* 44. Recent Activity a 2 Carl Road Sketch Preliminary Street Construction Plan Roll out: Mr Marino rolled out a preliminary street improvement plan a section of Carl Road, that was submitted by Ronald Lopez on February 26, 1997 The staff has not reviewed the plan in detail yet. The time for action on this plan expires on March 26, 1997 ], The Winning Farm Pronnsed Subdivision: Mr Bowyer reported that at its meeting on March 4, 1997, the Conservation Commission disapproved the subdivision road proposed by The Winning Home as part of a subdivision on the former site of The Winning Farm, off Woburn Street. ******************************* POLICY MAKING ********************************** 45 Transnortation Demand Management Policy: The Board reviewed and revised the final draft of their Transportation Demand Management Policy Transportation Coordinator Barbara Lucas took part in the discussion. On the motion of Mr Merrill, seconded by Mr Davies, the Board voted unanimously to approve the policy, as amended. ********************** ARTICLES FOR 1997 TOWN MEETING ************************ 46. Articles 27 and 2R. CD Rezonings on Hayden Avenue: The Board discussed various Town Meeting scenarios for the two rezoning petitions on Hayden Avenue, e.g., what if one passes and the other does not, and what is the likely effect of the Transportation Demand Management Policy Mr Bowyer reported on his conversations with the proponents with regard to traffic management. He said each proponent wants its proposal to stand on its own. 2 Minutes for the Meeting of March 10, 1997 He noted that the Board has stated it does not want much of the money in the South Lexington Transportation Fund spent on traffic signals. The $240,000 in, and pledged, to the Fund could help to accomplish other goals, like a sidewalk/bike path along Spring Street. Assistant Town Engineer Peter Chalpin has said this could be quite a costly item because of ledge and other physical conditions. Mr Bowyer recommended that a landscape architect be hired to take the lead in a difficult design problem. Mr Canale asked about traffic calming techniques along Spring Street that, along with a sidewalk, would enhance safety If there are other developments to come, the cost per business will go down. Should we consider a long-range plan for those type of improvements? Mr Canale observed that various TDM techniques may compete with each other For instance flex- time does reduce peak hour travel but reduces the number of people using alternative transportation services, such as busses, shuttles and vanpools, which operate best during peak hours. Mr Bowyer outlined potential interaction between the requirements of Section 12 of the Zoning By- Law and the Board's interest in making other transportation improvements. It would be unreasonable to require a new applicant to assume the obligation to upgrade all five intersections in the Hayden Avenue - Spring Street area. There needs to be a mechanism to involve the existing businesses who generate most of the traffic rather than imposing all of responsibility on those who are next in line in the permit gaining process. In this case the three Spring Street intersections are already accounted for Due to a special permit granted in 1988 Raytheon is responsible to provide a traffic officer at Spring Street and Hayden Avenue, which it has been doing for a long time, and to share the responsibility for an officer at Spring Street and Marrett Road. As a requirement of another special permit, also granted in 1988, the 191 Spring Street Trust (Boston Properties) to provide either a traffic signal or a traffic officer at Spring Street and Concord Avenue, and to share in the responsibility for traffic control at Spring Street and Marrett Road. With those three intersections accounted for, the traffic control responsibilities of the 55 Hayden and 16 Hayden applicants can be limited to the intersections of Hayden Avenue and Waltham Street and Hayden Avenue and the Route 2 Exit Ramp. Mr Bowyer cautioned that meeting traffic control responsibilities through traffic control officers can be difficult for a developer Traffic officers can provide high front end costs in the early years of a real estate development when rental income is likely to be lower Traffic signals are a one time cost that can be built into the site development budget and do not need to be factored into the operating expenses for the building. If the traffic control responsibilities for the three Spring Street intersections and the two Hayden Avenue intersections are all met by traffic officers on an annual operating basis, the money in the South Lexington Transportation Fund, which was provided for capital expenses, would be available for other transportation improvements, such as a sidewalk and traffic calming on Spring Street. Mr Bowyer then discussed a method for proportionate sharing of the expense of traffic control officers at the two Hayden Avenue intersections. It would start off with the two applicants (assuming both rezonings are approved or one applicant if only one petition is approved) contributing to payment for Minutes for the Meeting of March 10, 1997 3 traffic officers Initially the payment would be proportionate to the ITE trip generation rate for the floor space for the type of use. After both buildings are occupied, the payment would change to actual traffic generation based on traffic counts made by a neutral traffic engineer The actual counts would reward those who are doing an effective job of automotive trip demand management. Mr Bowyer recommend the trip generation rate be based on the building addition at 55 Hayden Avenue. Mr Canale thought the rate for 55 Hayden Avenue should include all trips generated, not just the addition. That would be one method of more equitably including traffic already in the area and reducing the inequity of placing the responsibility entirely on the last in line for permits. That principle should apply to any other properties that now have development and where new construction occurs. Mr Canale and Mr Colman noted that, based on their actions on the Sheraton Hotel addition, the Board of Selectmen will be taking positions more regularly on petitions filed by businesses seeking to locate or expand. Mr Canale reported that Leo McSweeney, Chair of the Board of Selectmen, had approached him about the Planning Board's position on the two Hayden Avenue rezonings. The Selectmen want both to pass because they believe that is consistent with the report of their Business Committee. Mr Canale told him that the Planning Board is working with the staff to develop a detailed position on commercial development and that it will share it with the Selectmen when it is ready Mr Canale suggested the Board make a report to the Town Meeting under Article 2 on its Transportation Demand Management Policy and its approach to commercial development. Precinct 3 Town Meeting Member, Caleb Warner, asked if there was going to be another hearing or meeting on W.R. Grace's revised Site Development and Use Plan. He asked whether the Board is considering an FAR higher than 0.15 in the district. He said it had been a hard fought battle in the 80s to obtain the lower FAR for the district and did not want to see that broken. The Board responded that it would consider the FAR on an individual site basis. If the Board stayed with current district wide limit, the W R. Grace proposal could not be built. Increasing the FAR is the major reason W.R. Grace submitted the rezoning. 47. Non-Zoning Articles in the Warrant: After a brief discussion, on the motion of Mr Davies, the Board agreed to support Article 29, Land Acquisition, Spencer Street. The Board will wait until after the TMMA Information Meeting to take a position on other warrant articles. *********** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************** RECOMMENDATIONS ON APPLICATIONS TO THF BOARD OF APPEALS 48. Applications To Re Heard on March 20 1997 Mr Merrill gave an oral review of the following applications. One Maguire Road, IDEO Product Management, special permit to install an identity sculpture as a standing sign at the corner of Hartwell Avenue and Maguire Road The Planning Board agreed unanimously to support approval of this application. 4 Minutes for the Meeting of March 10, 1997 Cm The Board agreed to make no comment on the following applications, also scheduled to be heard on March 20. 92 Ingleside, Road, Celenza, renewal of a special permit to use portion of her residence as an office 498 Waltham Street, Williams, special permit to add a second story to residence 156 I,inrnln C,rt, Burger, variance to construct a tree house 2 Flint Road, Sawyer, variance to construct a two-car garage 71 Bow Street, Augustine, variances to build a two-story addition Mr Merrill left the meeting. ************************* REGIONAL, INTERTOWN ISSUES ************************** 49. Hanscom Area Towns Study (HATS): Mr Canale reported briefly on the progress of Massport's update of the Hanscom Air Force Base Generic Environmental Impact Review It appears the process is unraveling. Massport is changing from a task based approach to one based on a time schedule. 50 Fonr Town Master Plan Study: Mr Bowyer reported on a meeting on March 10 of the Planning Directors of the four HATS towns with representatives from the Daylor Group The Daylor Group is preparing the Four Town Hanscom Area Master Plan Study for the towns. The first of four workshops on Land Use and Development as part of the Four Town Master Plan Study will be at the Concord Town House, Thursday, March 13 *************** COORDINATION WITH OTHER BOARDS, COMMITTEES *************** 51 (hien Snare, and Peereatirn Plan Thnmaa gileo: Mr Bowyer reported the Planning Department had received a copy of the draft Open Space and Recreation Plan prepared by Tom Sileo. It is a lengthy document. He recommended the Board review it after the current Town Meeting obligations are out of the way 57.. I,exHAB Spencer Street Affordable House LIP Application: Mr Bowyer reported that the Lexington Housing Assistance Board has acquired the option to buy land on Spencer Street in connection with a land swap involving the Augusta property in East Lexington. With the help of students at Minuteman Science-Technology High School, LexHAB plans to build an affordable two- family house on the property LexHAB will file a Local Initiative Petition application with the Department of Housing and Community Development. The staff is preparing an analysis of the Spencer Street neighborhood to be used by LEXHAB at a public meeting on arch 24 and will prepare other portions of the LIP application later The meeting was adjourned at 10:56 p.m. / ,7 /'L/" / G% John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF MARCH 17, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7.39 p.m. by Chairman Canale with members Colman, Davies, Galaitsis, Planning Director Bowyer, and Assistant Planner Marino present. Mr Merrill arrived at 9.00 p.m. *********************** ARTICLES FOR 1997 TOWN MEETING ************************ 52. Undate on Articles 27 and 28_ CD Rezonings. Hayden Avenue: Mr. Bowyer reported that the staff met with Paul Messina of Spaulding and Slye and discussed the issues addressed in the draft letter from the Board, dated March 14, responding to their proposal to rezone land at 55 Hayden Avenue. The applicants have reduced the amount of parking to below what the Town would require for an office building, and there will be no parking on the "knoll," as the Planning Board requested. They will use the alternative building plan that does not encroach on the wetland. The staff reported that they have also put forth a number of traffic improvement scenarios. Relative to the other rezoning proposal by Yvette Beeman and Michael Martignetti for land at 16 Hayden Avenue, Mr. Bowyer said that the current Transportation Demand Management Plan offered by the applicants falls far short of what the Transportation Advisory Committee estimates it would cost to provide LEXPRESS service. The applicants offered $4,000 per year to LEXPRESS and $10,000 per year for a traffic officer and want to work out a cost sharing solution with other businesses on Hayden Avenue. The Planning Board adjourned to the Estabrook Hearing Room in Cary Hall. *********************** ARTICLES FOR 1997 TOWN MEETING ************************ 53 Article 28. CD Rezoning. 16 Hayden Avenue. Beeman/Martignetti. CONTINUED PUBLIC HEARING: Mr. Canale opened the continued public hearing at 8.10 p.m. by explaining the procedures to be followed. There were 50 people in the audience. The proponents' team included Michael Martignetti and Yvette Beeman, applicants; Michael Haas, of Add, Inc., architect; David Varga, engineer of BSC; and Lawrence Smith, President of Cranberry Hill Associates, consultant to the applicants. Mr Smith presented a series of slides that showed the site and environs, the proposed building (31,500 square feet) and the parking area and deck that will accommodate 157 cars. The building will be called the Hayden Medical Center and is planned to provide modern office space to doctors who currently have offices in Lexington Center. The developer has a letter of intent to rent space from Lexington Pediatric Associates, Lexington Eye Associates and Lexington Medical Associates. Mr. Smith said that the traffic generated by the medical uses will be spread across the day The applicants have submitted a draft transportation demand management plan that offers sight-line improvements for traffic exiting the Route 2 off-ramp, $4,000 per year to LEXPRESS and $10,000 per year for traffic officers. He projected that the building would generate $75,000 per year in property taxes. He summarized by saying a medical use is appropriate for the site; that the plan has been modified in response to feedback from the Planning Board and the neighbors; and they have mitigated the traffic problems. The owners of the land are local and will be accountable to Lexington residents as they want it to be a welcome and successful enterprise. Questions from the Board had to do with how the developer will work with the State Highway Department to accomplish the sight line improvement and other roadway/landscaping issues, the disposal of hazardous bio- waste, their contracts with the medical groups, parking capacity, and how patients, especially young people, 2 Minutes for the Meeting of March 17, 1997 will get to their doctor appointments at that location. Barbara Lucas, Transportation Coordinator, informed the Board that it would cost LEXPRESS $7,700 to provide the service described by the proponents. The minimum level of chair car service is $4,600 per year She estimated the cost of providing service to the building at $22,00 per year direct cost to the Town. Jeanne Krieger, 44 Webster Road, representing the South Lexington Civic Association, detailed their objections to this proposal, which include the size of the building, its position on the site, and the increase in traffic the building will generate. David Kanter, Town Meeting Member, Precinct 5, asked questions about the proposed pharmacy Others present expressed concern about the effects of increased traffic on the already overburdened intersections of Hayden Avenue and on traffic exiting Route 2 onto Hayden Avenue. Other residents and Town Meeting Members also expressed concern about storm water runoff and drainage, pollution and increased traffic. Caleb Warner, 560 Concord Avenue, said that, 1) safety is the problem at the intersections that will be affected, not level of service; 2) residents fought hard in the 1980s for the floor area ratio now in effect and will fight against any increase now; 3) runoff from the site will go into the Cambridge Reservoir watershed. A number of persons spoke in favor of the proposal, saying it is modest in size, suits the site and will benefit Lexington employers and residents. Mr. Canale closed the hearing at 10:00 p.m. The Planning Board reconvened at 10.10 p.m. in Room G-15, Town Office Building. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 53 Application To Be Heard on March 20. 1997 Mr. Merrill gave an oral review of the following application: 71 Bow Street, Augustine, variances to build a two-story addition to dwelling The Board agreed to make no comment on the application. *********************** ARTICLES FOR 1997 TOWN MEETING ************************ 54 Article 27 CD Rezoning, 55 Hayden Avenue. W. R. Grace: Mr Canale recognized Jeanne Krieger, 44 Webster Road, who made a statement in behalf of the South Lexington Civic Association. Her statement detailed the Association's views on the W R. Grace rezoning proposal for 55 Hayden Avenue. She asked that her remarks be incorporated into the Planning Board's report to the Town Meeting. These included: 1 A 60,000 sq. ft. addition would be much preferable to the planned 80,00 sq. ft. 2. They are unanimously opposed to the installation of traffic signals to control traffic. 3 Drainage - the whole site should be subject to "Best Management Practices" 4 Some of the existing parking lots are never full. Why pave more? Gloria Holland, 38 Webster Road, and Jacqueline Davison, 86 Spring Street, also spoke against the proposal in its current form. 55. Article 27. CD Rezoning 55 Havden Avenue. W R. Grace The Board continued its review of the draft letter of response to the applicant. On the motion of Mr. Merrill, seconded by Mr Galaitsis, the Board voted Minutes for the Meeting of March 17, 1997 3 unanimously to approve the letter, as amended. ************************************* REPORTS ********************************** 56. Subcommittees. Planning Board Representative/Liaison to Other Committees: Selectmen's Ad Hoc. Business Committee: Mr Canale reported that in conversations he had with Selectmen McSweeney and Eddison, he learned that the Selectmen have constituted a working group to implement the simpler recommendations of the Final Report of the Selectmen's Business Committee. They asked him if the Planning Board wants to designate a member to be on the working group. Mr Canale told them that he believes that some of the policies and directions taken conflict with some of the recommendations of the report itself and if they want to look at some of the underlying policies the Planning Board would be interested in taking part. Mr Canale asked the Board what it would like to do, in view of the fact that it was not consulted in the development or writing of the report. The Board agreed to read the report and discuss it at a future meeting. The meeting was adjourned at 11:50 p.m. oL. Davies, Clerk PLANNING BOARD MINUTES MEETING OF MARCH 24, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7.04 p.m. by Chairman Canale with members Colman, Davies, Planning Director Bowyer, and Assistant Planner Marino present. Mr Merrill arrived during Item 57 Mr Galaitsis arrived during Item 58. ************************************MINUTES************************************** 57 Review of Minutes: The Board reviewed and corrected the minutes for the meeting of January 21, 1997 On the motion of Mr Davies, seconded by Mr Colman, it was voted unanimously 4-0 to approve the minutes, as amended. *********************** ARTICLES FOR 1997 TOWN MEETING ************************ 58. Article 28. CD Rezoning. 16 Hayden Avenue. Beeman/Martignetti. Direction to Staff to Prepare a Response to the Applicant after the Continued Public Hearing: Mr Canale expressed concern that the building presented by the proponents at the public hearing was a medical building but the Preliminary Site Development and Use Plan indicates the possibility for other uses. He noted that the traffic study is based on a medical use but, for other uses, the traffic impact may be understated. He further stated. 1) Number 6 0 from the traffic report, the transportation demand management plan, should be made part of the PSDUP; 2)the suggested time limit of 10 years, or any limit, to meet traffic and transportation responsibilities is less time than he would like to see; 3) the requested exemptions from Sections 12 and 13 are unacceptable; 4) the gross floor area should be no more than 31,500 square feet. Mr Colman said that the plan presented at the public hearing and that described in the PSDUP differ so that it wasn't clear what the Board was commenting on or approving. Mr Merrill said that he believes all the uses listed are acceptable but that too much parking is proposed for a general office use. He believes that the traffic study must be geared to general office use if that is a possible use of the building. He would like to help make this proposal work. The Board agreed that the inclusion of a pharmacy was acceptable as an accessory use. With regard to lighting, the Board would like to see low intensity white light, not low-pressure sodium lamps. Mr Galaitsis believes the proposed floor area ratio (.326) is quite high for this small, very visible site. He would like to see a smaller building on the site. 59 Comments on Other Town Meeting Articles. Article 29 Land Acquisition_ Spencer Street: After a brief discussion, on the motion of Mr Davies, seconded by Mr Merrill, the Board voted unanimously to support Article 29, Land Acquisition, Spencer Street. Article 35 Land Transfer After a brief discussion, on the motion of Mr Merrill, seconded by Mr 2 Minutes for the Meeting of March 24, 1997 Colman, the Board voted 4-1, Mr Davies opposed, to support Article 35, Land Transfer (Sutherland Park/Tarbell Avenue) Article 33 Amend Chanter 521 of the Acts of 1983. LexHAB: After a brief discussion, on the motion of Mr Merrill, seconded by Mr Colman, the Board voted to support LexHAB and speak against Article 33 Article 34 in lieu of Tax Payments by LexHAB. After a brief discussion, on the motion of Mr Merrill, seconded by Mr Colman, the Board voted to support LexHAB and speak against Article 34 The meeting was adjourned at 7:55 p.m. 7 C( GLv-1-7 ' John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF MARCH 26, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7:09 p.m. by Chairman Canale with members Colman, Davies, Galaitsis, and Planning Director Bowyer present. Mr. Merrill was absent. *********************** ARTICLES FOR 1997 TOWN MEETING ************************ 60. Article 28. CD Rezoning. 16 Hayden Avenue. Response to Annlicant: The Board reviewed and amended a draft response to the applicants for the rezoning of 16 Hayden Avenue. On the motion of Mr. Davies, seconded by Mr. Colman, the Board voted 4-0 to include the following language in the letter Based on representations made at the public hearing, the Planning Board believes the Floor Area Ratio shall not exceed 0.30 provided all the floor area is located within the building envelope presented at the public hearing. Said building envelope shall not be greater than the footprint shown on the site plan dated and the height of the building shall not be greater than three levels. The Planning Board will also recommend that the Design Advisory Committee be consulted in the preparation of the Definitive Site Development and Use Plan prior to its formal submittal to the Board of Appeals. 61. Comments on other Town Meeting Articles: After a brief discussion, on the motion of Mr. Colman, seconded by Mr Galaitsis, the Board voted 4-0 to support Article 36, Town Goals related to Hanscom Development; Article 37, Planning and Legal Services-Hanscom; and rticle 38, Hanscom Agreements Approval by Town Meeting. /ID The meeting was adjourned at 7:55 p.m. / // / / L John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF APRIL 1, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7 40 p.m. by Chairman Canale with members Colman, Davies, Galaitsis, and Planning Director Bowyer present. Mr Merrill was absent. The meeting was postponed from March 31, 1997 when all scheduled meetings, including the Town Meeting session, were postponed due to a heavy snowfall. ***************** COMPREHENSIVE PLANNING, POLICY MAKING ******************** 62. Overview of Commercial Development in the CRO CM and CD Districts. Review of First Draft. The Board discussed at length the first draft of a document, dated March 28, 1997, entitled Position on Commercial Development in the CRO. CM and CD Districts. Mr Bowyer said that the report will provide a context, representing the Board's broader position on commercial development, for the two Hayden Avenue CD rezoning petitions to be acted on by the 1997 Town Meeting. The Position will relate the Transportation Demand Management Policy, adopted on March 10, 1997 to commercial development. ************************************ REPORTS ************************************* 63 Planning Board. Subcommittees HATS. Mr Canale reported that Massport sent to the four HATS Selectmen a draft of a Request for Interest that Massport intends to send to developers preparatory to sending a Request for Proposal for non-aviation related development on Hanscom Field. Massport wanted it to go out on April 1, but the HATS Selectmen told them to defer to a later date. The RFI will be sent to the marketplace. It has been the position of the Topic Review Committee, analyzing the draft Generic Environmental Impact Report, that office use should not be 1 considered as a scenario for Massport land at Hanscom Field because of the impacts on the surrounding towns. Mr Canale has recommended to Lexington Selectman Dan Fenn that the HATS Selectmen should outline the process - to show how the positions taken in the resolutions approved by the Town Meeting in the towns and the Lexington Planning Board position- will occur. The meeting was adjourned at 11 10 p.m. ��( � l // Iti John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF APRIL 2, 1997 The meeting of the Lexington Planning Board held in Room G-15,Town Office Building,was called to order at 7 11 p.m. by Mr. Davies with members Colman, Galaitsis, Planning Director Bowyer, and Assistant Planner Marino present. Mr Canale arrived during Item 66. Mr.Merrill was absent. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* PLANS NOT REOUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 64. Form A/97-1 1386 Mass. Avenue. Latter Day Saints Church: The Board reviewed an Approval Not Required Plan for land at 1386 Massachusetts Avenue. On the motion of Mr Colman, seconded by Mr Davies, the Board voted unanimously to endorse the plan entitled"Plan of Land in Lexington,MA(Middlesex County)", dated March 19, 1997, prepared and certified by John A. Hammer, III, 39/ George Street, Billerica, MA., Professional Land Surveyor, with Form A/97-1, submitted by the Reorganized Church of Latter Day Saints, applicant,as it does not require approval under the Subdivision Control Law ********************************POLICY MAKING********************************** 65 Commercial Develonment Annlied to the Hayden Avenue CRO District: The Board reviewed and revised a second draft, dated April 2, 1997, of a document entitled Policy and Positions on Commercial Development Applied to the Hayden Avenue CRO District. The Board wanted the section on Traffic Officers v Traffic Signals to state that traffic control by traffic officers was a condition for a positive recommendation by the Board for a rezoning. *********************** ARTICLES FOR 1997 TOWN MEETING ************************ 66. Article 27 CD Rezoning at 55 Hayden Avenue. W.R. Grace. Revised PSDIJP• Mr. Bowyer reported that W R. Grace has submitted a draft of a revised Preliminary Site Development and Use Plan which includes an updated transportation demand management plan. He said that W R. Grace wants to put the emphasis on providing services to employees who live in the suburbs.They would do this by increasing their membership level in the 128 Business Council.The Council not only runs the Alewife Shuttle, it is a Transportation Management Association that offers a variety of programs including providing technical assistance to companies in setting up demand management programs,operating car and van pools,and by creating large databases of commuters for making car pool connections. Mr Bowyer pointed out that this PSDUP contains a"first"• it not only specifies a minimum number of parking spaces,but a maximum number as well. Paul Messina, a Senior Vice President and Principal at Spaulding and Slye, has stated that he believes the transportation demand management obligation rests with the property management company at 55 Hayden Avenue,not W R.Grace or a particular tenant. He also expressed concern that if the 16 Hayden Avenue proposal does not go forward W R. Grace will be left with the whole traffic management obligation. Commenting on the Board's stated preference for traffic control by police officers rather than by traffic signals, Mr. Bowyer observed that there is a trade-off: the more money spent on traffic mitigation,the less money will be available to spend on transportation demand management. 2 Minutes for the Meeting of April 2, 1997 i i ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* SUBDIVISION OF LAND 67 Munroe Village Subdivision. Todd Cataldo. Reauest for Change of Limit of Work line: Todd Cataldo, Sheldon Corporation, was present. Mr. Cataldo asked the Board to resolve a number of issues related to completing the Munroe Village subdivision.After some discussion, on the motion of Mr. Davies, seconded by Mr. Galaitsis,the Board voted unanimously to recommend that the Building Commissioner issue a three-month temporary certificate of occupancy for the dwelling on lot 164H with the permanent certificate of occupancy contingent upon completion of the planting and landscaping work beyond the limit of work line. The Board also said it would require that a gas line be installed but would entertain a change in the location of the proposed gas line so the developer can avoid digging up the subdivision street. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 68. 2 Carl Road.Preliminary Street Improvement Plan.Presentation by the Anplicant:Present for this item were Ronald Lopez,North Shore Development,the applicant,his Attorney Daniel Harrington,and Richard Lakutis, landscape architect. Mr Harrington presented plans for improving a portion of Carl Road that would provide frontage for 2 Carl Road. Three waivers from the regulations are requested. The Board asked a number of ' questions and thanked Mr Lopez for his cooperation with the Board's approval process and recommendations. t The Board reviewed a draft letter of approval and,after a brief discussion,on the motion of Mr.Davies,seconded by Mr. Colman,the Board voted unanimously to approve the letter. The meeting was adjourned at 8:21 p.m. / I) John L.Davies,Clerk PLANNING BOARD MINUTES MEETING OF APRIL 7, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7 10 p.m. by Vice Chairman Merrill with members Colman, Davies, Galaitsis, Planning Director Bowyer, and Secretary Tap present. Mr Canale was absent. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 69 Annlications To Be Heard on Anril 10. 1997 Mr Davies gave an oral review of the following applications: 26 Parker Street, Bean There Realty Trust, modification of a special permit to allow a room over the garage of an existing dwelling to remain as constructed and to increase the height of the non-conforming dormers on the existing dwelling. On the motion of Mr Colman, seconded by Mr Merrill, the Planning Board voted unanimously to approve the wording, drafted by Mr Davies, recommending denial of Bean There Realty Trust's request for modification of the Special Permit voted at the hearing of October 24, 1996 for the following reasons: 1 The proposed second story over the garage was not shown or noted on the drawings filed with the Special Permit application, nor, to our knowledge, was it shown on the elevation drawings which were exhibited to the Board, nor, to our knowledge, was it mentioned in discussion at the hearing. 2. The addition of such a second story is contrary to the Design Advisory Committee's expressed "reservations about the size of the new dwellings" quoted in the Board of Appeals decision, reservations that were shared by the Planning Board. 3 The Planning Board notes the Zoning Officer's comment that at least part of the work on the second story and/or on the expansion of an existing dormer was performed after the issuance of a stop work order On the motion of Mr. Davies, seconded by Mr Merrill, the Board voted unanimously to make no comment on the following applications, also scheduled to be heard on April 10, 1997 Z00 Lincoln Street, Anne and Anthony LoRusso, variance to build addition to dwelling 34 Robbins Road, Brian and Susan Adamik, variance to build addition to dwelling 14 Baker Avenue, Stephen Perkins/Phyllis Goskin, variance to build addition to dwelling 64 Reed Street, Ben Turk, special permit to add a second dwelling unit to single-family dwelling 10 Woburn Street, Gingerbread Construction Co , special permit for a free-standing sign 10 Woburn Street, Gingerbread Construction Co., special permits to operate a fast food, take-out food service with seating, and to modify the required transition landscape screening and service drive. *********************** ARTICLES FOR 1997 TOWN MEETING ************************ 70 Commercial Development in the CRO CM and CD Zoning Districts. Annroval of Report: The Board complimented the staff on the substance and appearance of a report entitled "Commercial Development in the CRO, CM and CD Zoning Districts," said report being a revision based on the comments of the Board members on the third draft of the report, dated April 2, 1997, and the draft of a Summary, dated April 3, 1997 Mr Merrill suggested that it should be nominated for an American Planning Association award. On the motion of Mr. Colman, seconded by Mr Merrill, the Planning Board voted unanimously to approve the report. 71. Article 27 CD Rezoning. 55 Hayden Avenue. W R. Grace. Recommendation to Town Meeting: The Board reviewed a draft two-part motion, prepared by the staff. Mr. Bowyer explained that the motion represents the sequence of decisions the Board makes in the Town Meeting approval process. 2 Minutes for the Meeting of April 7, 1997 Before the Board voted, Mr Merrill recognized Caleb Warner, 546 Concord Avenue, who asked if the storm water runoff system design in the W R. Grace petition, and the Planning Board's report to Town Meeting, brought the drainage system up to "best management practices" for the entire site and not just the proposed addition and related new parking area. After a brief discussion, which did not result in a clear answer to this question, the Board said that it would try to have language in the W.R. Grace Preliminary Site Development and Use Plan that specifies that the storm water runoff system for the entire site will be brought up to the "best management practices" as defined by the Department of Environmental Protection. Mr Bowyer reported he thought that is already required by the Lexington Conservation Commission. That language can be in the copy of the Planning Board Report that will be filed with the Town Clerk. The Board can approve the report to be distributed to Town Meeting in its present form and amend the official report filed with the Town Clerk at a future meeting. In response to Mr Warner's second question, Mr Bowyer said he wasn't sure the current, revised plan has been seen by the Conservation Commission but it must be before the special permit with site plan review for the definitive plan is approved by the Board of Appeals. Either the Conservation Commission or the Board of Appeals can include the "best management practices" requirement later, so that the Town Meeting vote is not the last opportunity to address it. He added that, according to the revised plans, the W R. Grace building addition and parking area do not encroach on the wetlands buffer zone. On the motion of Mr. Colman, seconded by Mr. Merrill, the Board unanimously approved the motion, as follows: 1. The Planning Board recommends that the Town Meeting approve the petition submitted by the property owner, W.R. Grace, to change the zoning district at 55 Hayden Avenue from the CRO, Regional Office District, to the CD, Planned Commercial District, in accordance with a revised Preliminary Site Development and Use Plan for this rezoning filed with the Town Clerk and the Planning Board on April 7, 1997 2. The Planning Board approves a report and recommendation on the petition to change the zoning district at 55 Hayden Avenue from the CRO, Regional Office, to the CD, Planned Commercial District, dated April 7, 1997, said report being a revision based on the comments of the Board members of a draft report prepared on April 5, 1997 72. CD Rezoning. 16 Hayden Avenue. Martignetti/Beeman. Direction to Staff to Prenare a Recommendation: Mr Merrill asked for the Board's comments on the petition of Yvette Beeman and Michael Martignetti to rezone land and construct an office building at 16 Hayden Avenue. Although Mr. Colman, Mr Davies and Mr. Galaitsis agreed that a commercial use is appropriate for the property, they expressed reservations about the size of the building and parking deck, the high number of parking spaces, and the proposed wall sign. Mr Colman and Mr. Davies would prefer that the proposed building be limited to a medical use rather than a mixed use as most recently proposed. Mr. Davies noticed what he thought were inconsistencies in the calculations of the floor area ratio. Mr. Merrill spoke in favor of the rezoning. He said that in the final analysis the proposal is suitable. He finds the building to be architecturally and visually attractive on the site, saying a small site has disadvantages but they are not serious here. Since the process started, he finds that the applicant has responded to the Board's and neighbors° concerns and offered a reasonable transportation demand mana:ement plan. Saying that he believes the planning process has worked well, he stated his support for the pre 0 sal. The meeting was adjourned at 8:02 p.m. / / ( etrAl John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF APRIL 9, 1997 --1 The meeting of the Lexington Planning Board held in Room G-105, Town Office Building, was called to order at 7 13 p.m. by Vice Chairman Merrill with members Colman, Davies, Galaitsis, Planning Director Bowyer, and Secretary Tap present. Mr Canale was absent. t *************************** PLANNING DIRECTOR'S REPORT ************************** 73 Citizen Planner Training Collaborative. Spring Workshops: Mr Bowyer reported on upcoming workshops to be held by the Massachusetts Citizen Planner Training Collaborative. Workshops topics include Special Permits, Preserving Community Character, Conflict Resolution, and Roles and Responsibilities of Planning and Appeals Boards. ************************ ARTICLES FOR 1997 TOWN MEETING ************************ 74 Article 27 CD Rezoning. 55 Hayden Avenue. W R. Grace: The Board and staff reviewed documents connected with Article 27 and discussed the sequence of events that will take place at Town Meeting when this article is considered. 75 Article 28. CD Rezoning 16 Hayden Avenue. Martignetti/Beeman: Mr Bowyer distributed a revised Preliminary Site Development and Use Plan for the CD rezoning at 16 Hayden Avenue, dated April 8, 1997, filed by the applicant on April 9 Because of the short length of time left before this article is considered, the Board agreed to meet on Saturday, April 12, at 3.00 p.m. to to discuss the new proposal and finalize its Report to Town Meeting. Caleb Warner, 546 Concord Avenue, speaking for the South Lexington Civic Association, objected to the lack of time for the public to see and comment on the changed proposal before it comes up at Town Meeting. The Board invited the SLCA to come and make comments at the Saturday meeting. ************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************** RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 76.AApnlication To Be Heard on April 24 1997 10 Maguire Road. Nordic Pronerties, modification of special permit to increase the number of parking spaces from 800 to 1018. Mr Bowyer informed the Board that Nordic Properties, Inc., the new owner of the commercial property at 10 Maguire Road, is requesting modification of a special permit to change the parking plan and increase the number of parking spaces from 800 to 1018 at that property He said that Barbara Lucas, Lexington Transportation Coordinator, has said that Nordic Properties did not include a Transportation Demand Management plan with its application and that she believes that that the Board's Policy should apply in cases where an increase in parking spaces is proposed. On the motion of Mr Davies, seconded by Mr Colman, the Board voted unanimously that the Transportation Demand Management Policy should apply to projects that appear before the Board of Appeals which are relevant. The Board agreed to inform the Board of Appeals that such a plan should be required of Nordic Properties. The meeting was adjourned at 7:58 p.m. / r 7/ ( John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF SATURDAY, APRIL 12, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 3:06 p.m. by Chairman Canale with members Colman, Davies, Galaitsis, Merrill, Planning Director Bowyer, and Assistant Planner Marino present. ************************* ARTICLES FOR 1997 TOWN MEETING ************************** 77 Article 28. CD Rezoning, 16 Hartwell Avenue, Martienetti/Beeman: Mr. Canale opened the meeting by explaining how it would be conducted. He first invited representatives of the South Lexington Civic Association and other interested persons to present their opinions and positions on the proposed rezoning of the property at 16 Hayden Avenue. Mr Colman pointed out an error in the use of Floor Area Ratio data that occurred twice in material presented by citizens groups in connection with the two rezoning petitions. Thomas DeNoto, 288 Concord Avenue, President of the South Lexington Civic Association, spoke in behalf of his organization. They are opposed to the rezoning, particularly the presence of the "mechanicals" on the roof of the proposed building which makes it appear too large. They also question some aspects of the storm water management system. Caleb Warner, 546 Concord Avenue, said that residents and the Conservation Commission do not want any increase in the amount of water running off the property Bob Lorn, East Lexington, spoke in favor of the project, saying it is sorely needed. Kenneth Reisch, Town Meeting Member from Precinct 4, had questions about the amount of money the applicants are committing to transportation demand management. He also suggested that the applicant donate the house currently on the site to LexHAB or provide a site for it. Ralph Frieden, a prospective tenant of the office building, spoke in favor ( of the project. He said that the proposed building at 16 Hayden Avenue will be more attractive to, and will If better serve his clientele, particularly due to the ample supply of parking. Larry Smith, speaking for the proponents, said the development team will address the concerns that residents expressed. He said they could relocate the mechanicals, and will restore the word "volume" to the Preliminary Site Development and Use Plan. He said they will donate the house to LexHAB and will share the cost of moving it. Currently, they are trying to find a site for it. 78. South Lexineton CRO Districts. Traffic Control at Intersections: Leo McSweeney, Chairman of the Board of Selectmen, Richard White, Town Manager, and Christopher Casey, Chief of Police joined the meeting for this item on the subject of traffic management. Mr. Canale explained that five intersections in South Lexington are under consideration as they will be affected by the two rezoning proposals. He detailed the Planning Board's position regarding traffic mitigation at these intersections. The traffic level of service will have to be improved to level D or better before occupancy permits will be issued for the new buildings. Permanent traffic control at three of the intersections, Spring Street at Marrett Road, Hayden Avenue and Concord Avenue, are already the responsibility of Raytheon Corporation and the 191 Spring Street Trust, according to special permits issued by the Board of Appeals in 1988. The two firms have already placed money in the South Lexington Transportation Fund to be used for traffic management at those intersections. The Planning Board's position is that it would not support the rezoning proposals if it means that traffic signals will be installed. It prefers using traffic control officers at the three Spring Street intersections. This afternoon they would like to discuss the two other intersections affected by the rezonings (Hayden Avenue at Waltham Street and Hayden Avenue and the Route 2 exit ramp) and to look at scenarios in the light of concerns of the Chief of Police, Town Manager and the Board of the Selectmen. 2 Minutes for the Meeting of Saturday, April 12, 1997 — -- -Mr-White-said-that-the-three-intersections for-which-funds are already-set aside would be best discussed at a joint meeting of the Planning Board and Board of Selectmen. Regarding the two other intersections, he applauds the Planning Boards desire to treat these as visual gateways to Lexington and wants to meet the spirit of that desire. But he wants an alternative to having police officers as the only method of controlling traffic at the two Hayden Avenue intersections. Mr Canale said he wants to be sure that everything is done to try make using traffic control officers work, including physical improvements at the intersections. Mr. Merrill said that a redesign of the intersection islands and traffic flow through it might provide a solution. Mr Colman and Mr. Davies made similar suggestions about the redesign of each of the intersections affected. The entire Board pointed out it was not advocating that police officers be placed in the street under unsafe conditions and that traffic management includes measures to redesign the intersections, as needed, so that police officers can control traffic safely and effectively Mr. Colman reiterated that the Planning Board has made strenuous efforts to require transportation demand management as a long range policy to lower the volume of traffic coming into town. Mr Galaitsis pointed out that the Planning Board has publicly committed itself to providing traffic control officers and that this afternoon's discussion is undermining this commitment. Mr McSweeney commented that it is difficult to make a firm commitment to either traffic officers or traffic signals because there is uncertainty as to which alternative is feasible for all five intersections at this time. He said the Board of Selectmen and the Planning Board should work out solutions after the Town Meeting when more complete information will be available. Mr Canale agreed that there is time to work things out even if it is after Town Meeting. This is an opportunity to work together to solve five problem intersections in the very best way The solution does not have to be found today Mr White said that the occasion of the two rezonings might offer an opportunity to solve these problem intersections. They did not want to interfere with these two worthy applications. He suggested that an "out" be included in the language of the zoning approval so that the most feasible alternative could be used. Chief Casey said that two intersections (Waltham St.-Hayden Avenue and Spring St.-Marrett Road) are complicated and quite dangerous for a police officer and it may be difficult to find officers willing to work them. In response to the Board's concern about the language in the Preliminary Site Development and Use Plan committing the applicants to using traffic control officer to mitigate traffic impacts, Mr. Bowyer pointed out the Zoning By-Law required that the Preliminary Site Development and Use Plan be filed at least seven days prior to the Town Meeting vote. With votes scheduled for the following Monday and Wednesday, it is too late to revise those Plans. He agreed with Mr Canale that there is time after Town Meeting to work this out and better information will be available. Mr. Merrill noted that the three other intersections have to be brought up to LOS D before occupancy permits can be issued. That is probably 18-24 months away That provides time. It also means the applicants have a stake in having this resolved so that they can occupy their buildings. The Board discussed with the Police Chief the various complications of traffic management at the problem intersections. The Board assured the Chief they are concerned about the safety of his officers. They are also interested in officers being placed in locations so that they can control the traffic effectively Minutes for the Meeting of April 12, 1997 3 Michael Martignetti, proponent of the 16 Hayden Avenue rezoning petition, said that his team has cooperated in the process, and will cooperate, whatever the end result. Mr Merrill's interpretation of this meeting was that the Planning Board is being put on notice by the Town Manager, Police Chief and Board of Selectmen that the traffic problems have to be addressed one way or another This is positive in the sense that we could expect three traffic lights right now The issues are out in the open. Traffic lights are an aesthetic and symbolic issue. These two proposals could be part of the solution to the larger traffic problem. As a result of this meeting, we may be able to have traffic officers controlling some or all of the other three intersections. Mr Galaitsis said he believed that many more people would have attended this meeting and expressed concern if they knew that traffic signals may, indeed, be part of the solution. Mr Davies said that he has evaluated various features of the rezoning proposal and has been somewhat on the fence. He considered the prospect of traffic signals at the intersections to be a "deal breaker" and now would not vote to make a favorable recommendation to the Town Meeting. After some further discussion, on the motion of Mr Merrill, seconded by Mr Colman, the Board voted unanimously that the proposed medical office use of the land at 16 Hayden Avenue is acceptable for this type of commercial development and that the existing house on the lot is an anomaly That satisfies the first of the three tests that the Board applies to a rezoning proposal - that the proposed use is acceptable. The Board then moved to a discussion of the design features of the plan and the potential public benefits. Mr f 1 Galaitsis, relying on some visual props, demonstrated that the proposed building, while potentially suitable in another location, was too big for this site. Also, it is perched on a hill. He said if it were in a hollow and not on a hill, it could be acceptable. Mr. Davies expressed his concerns about the design of the building. He noted that the parking deck is visually intrusive. Near the entrance drive it is only three feet from Hayden Avenue and about 13 feet high to the top of the parapet. Despite the representations of the applicant about screening, the deck is so close to Hayden Avenue and so high, it cannot be effectively screened. The commitment to a parking structure has a series of consequences that affect other parts of the development economics and other design decisions unfavorably Mr Merrill moved that the proposed density and other design features of the 16 Hayden Avenue proposal are acceptable and that the proposed conditions on the development and mitigating measures and benefits to the neighborhood and Town are also acceptable. The motion was seconded by Mr Colman. On a vote of 2.-3, Mr. Canale, Mr Davies and Mr Galaitsis opposed, the motion was defeated. Mr Merrill moved that the Planning Board recommend that the Town Meeting approve Article 28, CD Rezoning, 16 Hayden Avenue, as it is defined in the Preliminary Site Development and Use Plan dated April 8 and filed April 9 in the Planning Department. Mr Colman seconded the motion. The Board did not approved the motion by a vote of 2-3, Mr Canale, Mr Davies and Mr Galaitsis opposed. The Board will, therefore, recommend that the Town Meeting not approve the rezoning petition for 16 Hayden Avenue, as described in the Preliminary Site Development and Use Plan filed in the Planning Department on April 9, 1997 The Board reviewed and revised a draft recommendation to Town The meeting was adjourned at 5.48 p.m. p John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF APRIL 14, 1997 r i The meeting of the Lexington Planning Board held in Room G-15, Town Office-Buildingrwas-called_to_order__ - - at 7.03 p.m. by Chairman Canale with members Colman, Davies, Galaitsis, Merrill, Planning Director Bowyer, Assistant Planner Marino and Secretary Tap present. ************************* ARTICLES FOR 1997 TOWN MEETING ************************* 79 Article 28. CD Rezoning, 16 Hayden Avenue. Martignetti/Beeman, Vote to Recommend Disannroval• After a brief discussion, on the motion of Mr. Davies, seconded by Mr Galaitsis, the Board voted 3-2, Mr Merrill and Mr Colman opposed that: 1 The Planning Board recommends that the Town Meeting disapprove the petition submitted by the property owner, 16 Hayden Avenue Realty Trust, to change the zoning district at 16 Hayden Avenue from the RO, One Family Dwelling, to the CD, Planned Commercial District in accordance with a revised Preliminary Site Development and Use Plan for this rezoning filed with the Town Clerk and the Planning Board on April 9, 1997 2. The Planning Board approves a report and recommendation on the petition to change the zoning district at 16 Hayden avenue from the RO, One Family Dwelling, to the CD, Planned Commercial District, dated April 14, 1997, said report being based on the comments of the Board members at their meeting on April 12 and on the draft dated April 12, 1997 RO Article 27 CD Rezoning. 55 Hayden Avenue. W R. Grace: The Board discussed its position on Article 27, the CD rezoning petition of W R. Grace to rezone 55 Hayden Avenue. Mr Canale asked the Board to vote again on the proposal as he was not able to attend a previous meeting at which it voted to recommend approval. He stated his reasons for opposing the proposal, as follows: 1) the off-site mitigation offered by the applicant is insufficient, particularly their transportation demand management proposal. Too much is asked of residents, without enough benefit offered in return. 2) there were too many last minute changes to the proposal. On the motion of Mr Merrill, seconded by Mr Colman, the Board voted 4-1, Mr Canale opposed, that the Planning Board recommend that Article 27, the rezoning petition of W R. Grace for 55 Hayden Avenue, be approved. The four members voting in favor signed the recommendation to the Town Meeting. With reference to the drainage system plan, Mr Galaitsis asked if it had been determined if"best management practices" includes the storm water runoff from the old building as well as the proposed addition. The language in the Preliminary Site Development and Use Plan says that it will be done "if technically feasible." Caleb Warner, who was present representing the South Lexington Civic Association, said the SLCA is very interested in what exactly that means. Mr. Merrill stated that it is the Board's intention that the entire building's runoff be included. Mr. Bowyer stated that the Board can reiterate this point to the Conservation Commission, in whose jurisdiction this lies. He added that W R. Grace has itted money to a trust fund for the maintenance of Hayden Woods. 2L The meeting was adjourned at 7:55 p.m. / /"John L. Davies, Clerk i PLANNING BOARD MINUTES MEETING OF APRIL 16, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7:00 p.m. by Chairman Canale with members Colman, Davies, Davison, Merrill, Planning Director Bowyer, Assistant Planner Marino and Secretary Tap present. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 81. Applications To Be Heard on Anril 24 1997 10 Maguire Road, Nordic Properties, modification of special permit to increase the parking spaces from 800 to 1018 for new owners of the property The Board reviewed and revised a draft letter to the Board of Appeals, prepared by the staff, dated April 10, 1997 The letter expressed the Planning Board's disappointment that Nordic Properties did not include a Transportation Demand Management Plan with its request for a special permit to increase the number of parking spaces at 10 Maguire Road. The Board urges the applicant to withdraw the application and resubmit with a Transportation Demand Management Plan including a commitment to participate actively in the now forming Transportation Management Association on Hartwell Avenue. Sections of the Zoning By-Law citing authority for the Board of Appeals to address transportation impacts were cited in the letter On the motion of Mr Colman, seconded by Mr Davies, the Board voted unanimously to send the letter, as amended. On the motion of Mr Davies, seconded by Mr. Colman, the Board voted unanimously to place an excerpt from their recommendation on the petition of Nordic Properties on the Town Meeting Member information table in Cary Hall and to introduce it under Article 2. Mr. Davies agreed to present it to Town Meeting. Mr. Davies gave an oral review of the following applications, also scheduled to be heard on April 24 20-22 Cliffe Avenue, Julie-Ann and Eric Shapiro, variance to relocate the driveway The Planning Board agreed to recommend denial of the variance. It believes that locating a curb cut at the corner of Cliffe Avenue and Theresa Avenue will create a dangerous situation. The Board had no comment on the following applications, also scheduled to be heard on April 24 150 East Street, Doran Greenhouses, Inc., renewal of a special permit to operate a commercial greenhouse/nursery and use back section of property to mature plants in pots 8 Rangeway,William and Michelle Bloomer, special permit to replace the existing dormer with a full shed dormer across rear of dwelling 40 Vallevfield Street, Andrew and Corrine Lowen, variance to add a full shed dormer across rear of dwelling PLANS NOT REOUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 82. Form A/97-2. 47 Somerset Road and 38 Meriam Street: The Board reviewed an Approval Not Required Plan for land at 47 Somerset Road and 38 Meriam Street. On the motion of Mr., Davies seconded by Mr Merrill, the Board voted unanimously to endorse the plan entitled "Plan of Land in Lexington, MA (Middlesex County)," dated February 10, 1997, prepared by The BSC Group, Inc., Bedford, MA, certified by Donald J Forand, Professional Land Surveyor, with Form A/97-2, submitted by David C. and Marian McCLelland and Darla Mendales, applicants, as it does not require approval under the Subdivision Control Law 83 Munroe Village.Todd Cataldo. Release of Lots: Mr Cataldo was present for this agenda item. Mr. Marino reported that the misplaced stone wall, which caused the Munroe Village subdivision to be out of compliance 2 Minutes for the Meeting of April 16, 1997 withthe approved-plan,_has-been_moved_by the_developer The abutter on whose-property-the wallstoodhas expressed her satisfaction with the move and the condition of her property After a brief discussion, on the motion of Mr. Merrill, seconded by Mr. Colman, the Board voted 4-1, Mr. Galaitsis abstaining, to rescind their ; vote of March 31, granting a three-month temporary certificate of occupancy for Lot 164F, to allow the issuance of a permanent certificate of occupancy On the motion of Mr Merrill, seconded by Mr. Colman, the Board voted unanimously to release the lot designated as Parcel 3 from the provisions of the covenant that restrict building and sale. ************************ ARTICLES FOR 1997 TOWN MEETING ************************ 84. Article 28. CD Rezoning at 16 Hayden Avenue. Martignetti/Beeman. Sign Recommendation: Pursuant to the Planning Board meeting of April 14, 1997, at which the Board voted 3-2, Mr. Merrill and Mr Colman opposed, to recommend Town Meeting disapproval of Article 28, the petition of Michael Martignetti and Yvette Beeman to rezone land at 16 Hayden Avenue, Mr. Canale, Mr Galaitsis an r Davies signed the report to Town Meeting, dated April 14, 1997 ,,) ,,, . ( t The meeting was adjourned at 7:55 p.m. // John L. Davies, Clerk u PLANNING BOARD MINUTES MEETING OF APRIL 28, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7.37 p.m. by Chairman Canale with members Colman, Davies, Planning Director Bowyer, and Assistant Planner Marino present. Mr Galaitsis and Mr Merrill were absent. *************************** PLANNING DIRECTOR'S REPORT **************************** 85 Recent Activity a. James Street. Preliminary Street Improvement Plan. Rollout: Mr Marino rolled out a sketch preliminary plan for the improvement of a portion of James Street, that was submitted by Beverly and Richard Tringale on April 24, 1997 The staff has not reviewed the plan in detail yet. The time for action on this plan expires on May 24, 1997 b. Earl Street, Definitive Street hnprovement Plan, Rollout: Mr. Marino rolled out a sketch preliminary plan for the improvement of a portion of Earl Street, that was submitted by Dan Tocci and Joanne Kerwin on April 22, 1997 The staff has not reviewed the plan in detail yet. The time for action on this plan expires on June 6, 1997 c. MAPD Meeting on April 18: Presentation by the staff on "Computers in the Small Planning Office" Mr. Bowyer reported on his and Mr Marino's attendance at the Massachusetts Association of Planning Directors' Annual Conference on April 18. He and Mr. Marino presented a program on the use of computers in small planning offices. It highlighted their use of town-wide data bases and the Town Hall network which allows them to use data from other departments, particularly housing demographics. Other interesting sessions presented at the meeting were on the three town process for the reuse of Ft. Devens, (akin to Lexington and the other HATS communities); and significant court cases of 1996. Of particular interest was a ruling on "freeze plans" which may have some bearing on the Tracer Lane case. It has been 81 years since the Tracer Lane subdivision was approved and the developer, Harold Nahigian, has not yet had the plans endorsed. Another interesting legal development was reported by Attorney Mark Bobrowski on a case now being tried about impact fees in Franklin. d. I and Planner Magazine: The feature article in a recent issue of Land Planner Magazine was on Lexington's revision of Section 9, Residential Developments. It was entitled: "Going for Impact: Lexington Adopts Innovative Cluster By-Law " e. APA 1998 National Conference in Boston: Mr. Bowyer reported that he intends to present one of the mobile workshops at the APA 1998 National Conference in Boston and will call it "Revolutionary Ideas: Lexington and Concord, Then and Now " f, MAPC Round Table Discussion of"Mansionization" Mr. Bowyer reported that the Metropolitan Area Planning Council (MAPC) is going to take a recent round table discussion, on the subject of the building of very large houses, often replacing smaller structures that have been demolished, and put it together in a publication called Planners' Exchange. The Board expressed interest in using a Floor Area Ratio in residential areas to limit the size of new houses. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *********** DETERMINATION OF GRADE AND CONSTRUCTION OF TJNACCF.PTFT) STREETS 86. 2 Carl Road. Definitive Street Construction Plan. Ron Lopez: Ronald Lopez, the owner of land at 2 Carl Road, was present to explain his plans for improving a portion of Carl Road to provide frontage for his lot. After the Board reviewed the plans, Mr Colman commented on Mr Lopez° cooperation and responsiveness to the Board's requirements and to the suggestions of the Town Engineer Mr Lopez responded by saying that he has worked with a number of other municipalities and his experience in Lexington has been very positive. There being no further comments or questions by the Board, on the motion of Mr Colman, seconded by Mr Davies, the Board voted unanimously, 3-0, to approve the definitive street construction plan for 2 Carl Road. 2 Minutes for the Meeting of April 28, 1997 SUBDWI-SION-OF-LAND . 87. Munroe Village. Request for Change of Limit of Work Line Todd Cataldo: Mr Cataldo was i present and acknowledged that work on the Munroe Village Subdivision did encroach on the limit of work line. He asked for guidance from the Board as to how to correct the situation. After some discussion, the Board asked Mr Cataldo to go back to his landscape architect and develop a revised landscape plan to submit to the Board. After receiving the plan, some designated Board members will visit the site to evaluate the plan. Mr Cataldo agreed to follow this procedure. RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS Annlications To Be Heard on May 15, 1997 Mr Canale gave an oral review of the following applications: 58 Blossomcrest Road, Yair and Anna Egozy, variance to add garage with living space above The Planning Board agreed that the rock wall configuration creates an awkward situation and that an alternate location could be found that does not violate the setbacks set forth in the Zoning By-Law The Board agreed to make no comment on the applications below also scheduled to be heard by the Board of Appeals on May 15, 1997 2678 Mass. Avenue, Margo Schmidt, renew a special permit to use portion of her home as an office 927 Waltham Street(Wagon Wheel Nursery), Nicholas Cannalonga. renew a special permit to operate a nursery and roadside stand i 1707 Mass. Avenue, Belmont Manor R.T , special permit for a sign 82 Simonds Road, Anne Craig and Robert Bond, special permit to add second story to dwelling 2016 Mass. Avenue. Philip and Janet Hurd, variances to add garage and family room ************** COORDINATION WITH OTHER BOARDS, COMMITTEES ************** 89. Open Space and Recreation Plan: With regard to the draft Open Space and Recreation Plan, written by Thomas P Sileo, the Board asked the staff to investigate the legal requirements for the Planning Board's review and/or approval of the plan. *********************************** REPORTS ************************************ 90. Planning Board. Subcommittees Mr Canale reported that he attended a workshop on Freedom's Way Heritage Association. A federal grant will be sought for a national heritage corridor feasibility study HATS. Mr. Canale also reported that Massport announced that the dra eneral Envir. amental Impact Review for Hanscom Field is available as of this week. The meeting was adjourned at 9:22 p.m. /4., ' ( ,., if John L. Davies, Clerk ` LS PLANNING BOARD MINUTES MEETING OF MAY 5, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7:51 p.m. by Vice Chairman Merrill with members Colman, Davies, Planning Director Bowyer, and Assistant Planner Marino present. Mr Canale and Mr Galaitsis arrived during Item 92. ************************* PLANNING DIRECTOR'S REPORT *****'rrt'rvt***y r****:i:****a.* 91 Recent Activity a. MAPC Round Table on "Mansionization" Mr Bowyer reported that he and Assistant Planner Marino recently participated in a round table discussion among six suburban towns and the City of Newton on what is termed "mansionization." It was sponsored by the Metropolitan Area Planning Council. Each municipality seems to be dealing with similar problems as small, older homes are demolished and new, larger houses are built in existing neighborhoods. Two issues, architectural problems and socio-economic problems, were identified and discussed at the round table. h Floor Area Ratio Mr Bowyer reported that Donald Schmidt, a zoning expert at the Department of Housing and Community Development, is on record as saying that the use of floor area ratio to control the size of private one- or two-family dwellings is contrary to the Zoning Act. Mr Schmidt's observations was that the Attorney General s reviews of town by-laws that use this mechanism have been inconsistent depending on who in the Attorney General's Office conducted the review c Winter Street Project Mr Bowyer reported that Carter Scott, a local developer, has joined the development team that is planning a subdivision off Winter and Sullivan Streets. No plans have yet been filed in the Planning Department. *************** COORDINATION WITH OTHER BOARDS, COMMITTEES *************** 92 Lexington Onen Space and Recreation Plan by Tont Sileo: Mr Canale reported that he talked with Joyce Miller, Chairman of the Conservation Commission, about the new Open Space and Recreation Plan being prepared by Thomas Sileo. He said that, according to Chairman Miller, the report is ready to be sent to the State Executive Office of Environmental Affairs. Mrs. Miller joined the Planning Board meeting at this time. Mr Merrill said he would like to tie the information in the report to the Planning Board's comprehensive plan particularly the site analyses. Mr Bowyer said it is in the nature of comprehensive planning that different Town boards and committees may have conflicting objectives for the same parcels of land. Mr Canale said that the Planning Board needs to look at the plan in terms of what it believes should he added. Mrs. Miller stated that the Conservation Commission has been working on the plan for a year and needs to file the plan in order to be eligible for State self-help funds, funds that will help the Town purchase more open land. The Planning Board agreed to have a representative meet with Mrs. Miller and Mr Sileo about some possible corrections to the text, community goals, mechanisms for preserving/acquiring creating open space, categorizing land as to desirability to preserve and protect. Mr Bowyer suggested also attempting some coordination with the Minuteman National Historical Park. ************************** REGIONAL, INTERTOWN ISSUES ****************** ******* 93 Hanscom Area Towns Study (HATS) Fnur Town Master Plan Study Advance Material. Mr Canale reported on the upcoming Transportation and Noise workshop that is part of the update of the scope of the GEIR being conducted by Massport for Hanscom Air Force Base. Mr Bowyer reported that the Planning Department has data from the 1990 US Census on commuting patterns to and from Lexington. A preliminary reading shows 2 Minutes for the Meeting of May 5, 1997 that the-greatest-number-of trips are to-and-from-other-suburbs-along routes-that-are not well serviced by_public -_ - transportation. He also said that the other HATS towns are expressing interest in the Lexington Zoning By- Law's Section 12, Traffic. ****"*************"**** ARTICLES FOR 1997 TOWN MEETING "*********"*"*""t"'""t"" 94. Discussion of Outcome of Articles 27 and 25 CT) Rezonings on Hayden Avenue a. Article 27, 55 Hayden Avenue, W R. Grace: The Board performed a post mortem on the 55 Hayden Avenue rezoning proposal and suggested some possible reasons for its defeat by Town Meeting, despite the Planning Board's positive recommendation. a. It was an out-of-town corporate project with big numbers, e.g., 700 parking spaces, b, Their presentation was confusing and a little too slick. c The project did not have any local advocates. d. The two Hayden Avenue rezoning proposals were probably compared in terms of absolute numbers and the W R. Grace building addition was just too big. - h Article 28, 16 Hayden Avenue, Martignetti/Beeman: The Hoard also discussed possible reasons why the 16 Hayden Avenue CD rezoning proposal was approved by Town Meeting. also contrary to the Planning Board's recommendation. a. The proponents for the rezoning proposal for 16 Hayden Avenue were local people who did a superb job of mustering political support. b Their plans were internally inconsistent but their presentation was well prepared and fairly high-tech. c. They were handled surprisingly gently by Town Meeting which seemed to make its decision based on the medical use of the proposed building and the fact that local doctors would be there d. The Selectmen reversed their position from that on 55 Hayden Avenue and supported traffic officers ' to control intersections. The Board agreed that the deadline for proponents to submit their final proposal is too close to the time it will be presented to Town Meeting. Adjusting the deadline in the Zoning By-Law to give the Board and staff more time for analysis, to prepare its recommendation and distribute it to Town Meeting Members was seen as a necessary step Mr Bowyer wondered if the report was too long and if an abbreviated report would be more effective. The Board observed that Town Meeting overrode their recommendation on both proposals. Mr Galaitsis suggested that the Board make a more polished presentation of its majority position, using Microsoft Powcrpoint, for example. The meeting was adjourned at 10:30 p.m. John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF MAY 19, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7.40 p.m. by Chairman Canale with members Colman, Davies, Galaitsis, Planning Director Bowyer, and Secretary Tap present. Mr Merrill was absent. *************** COORDINATION WITH OTHER BOARDS, COMMITTEES *************** 95 Lexington Onen Space and Recreation Plan by Tom Sileo: Discussion: The Board agreed that the draft Open Space and Recreation Plan, by Tom Sileo, is a good document with a wealth of information about Lexington. Individual members had comments and suggestions that would improve the report. Overall they thought that, for its stated purpose, the document is fine. The Board reviewed and revised a draft letter expressing its positive view of the draft Open Space and Recreation Plan. The letter was addressed to Mr. Sileo and the chairpersons of the Recreation Committee and the Conservation Commission, with a copy to Executive Office of Environmental Affairs. ************************* REGIONAL, INTERTOWN ISSUES ************************** 96 Hanscom Area Towns Four Town Master Plan Study Implementation Techniques a. Transportation analysis. Mr Bowyer reported that Lexington's Transportation Coordinator, Barbara Lucas, asked the research arm of the Central Transportation Planning Staff of the Joint Regional Transportation Committee to produce a map showing the journey to work and place of origin of commuters to Lexington, Concord, Bedford and Lincoln. The places of origin are throughout eastern Massachusetts and southern New Hampshire. The study shows that the two highest places of origin for people who work in Lexington are Arlington and southern New Hampshire. Mr Marino has obtained the same transportation data through Cary Library b. Transportation techniques: Mr Bowyer said that there is interest in the other three HATS communities to know more about and/or adopt an equivalent to the Lexington Zoning By-Law's Section 12, Traffic, and trying to address the problem of transportation demand management. Ile said he thinks it would he useful if the four town planning directors would get together and talk about this. Perhaps a more uniform treatment of traffic and transportation among the four towns would result. The other three towns have done their own build-out analyses, indicating which properties are susceptible to development. Mr Marino has made progress on Lexington's build-out analysis. We can now tell which parcels are for residential use, of which there are not many in West Lexington. The Board has already looked at these parcels in site analyses at previous meetings. Mr Bowyer said the staff wants to produce something analogous to a table, in the Conunercial Development in the CRO, CM and CD Zoning Districts, that shows site and building information about the commercial properties on Hayden Avenue and Spring Street, but that includes the suites in office buildings. Knowing the type of company and its name instead of just the owner of the building would help in organizing transportation management associations. Mr Bowyer said that a build out analysis of commercial property requires quite a bit of research. Data on the older commercial properties, such as wetlands are harder to obtain. Old plans and old maps must be found and estimates made of the area of wetlands so the floor area ratio can be calculated more accurately Mr Canale reported that the Four Town Master Plan Study being prepared by the Daylor Group for the Hanscom area towns will he done soon. Massport is moving quickly toward developing a plan for commercial development at Hanscom AFB Massport claims Lexington is not affected by its development plans because 2 Minutes for the Meeting of May 19, 1997 there is only a-small sliver-of-wetland in Lexington- InresponseLexington points-out-it bears-the-impacts-of—- --development on Hanscom and in any of the four HATS towns. The staff will prepare some material explaining 1 what the procedures are for developing land in Lexington so that those might be a model for a four town review procedure. Massport believes it is not bound by any town regulations. This material will be drawn from Section 7 of the Development Regulations that outlines procedures for consideration of rezoning petitions. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 97 Lots 67 and 68 James Street. Preliminary Street Improvement Plan. Tringale: Presentation by the Applicant: Present for this item were Beverly and James Tringale, owners of the lots that front on an unaccepted portion of James Street, and Fred Russell, engineer Mr Russell gave a brief history of the Tringales' application, referring to their request in 1996 to amend the Planning Board's list of unaccepted streets to correct a discrepancy in the description of James Street. He presented a preliminary street improvement plan, dated February 28, 1997, and pointed out that the proposed driveway was relocated according to suggestions of the planning staff. The plan includes requests for three waivers. _ The Board posed a number of questions having to do with the guardrail, whether the street will be private or public, (it will be private and the Tringales will hire someone to clean the catch basin when it needs it) and what will be done to keep water from the street from running down the driveway.(the asphalt berm will be configured to prevent this.) Mr Russell agreed to provide a detail of this feature in the definitive plan. There being no further questions, the Board reviewed a draft decision, which includes acceptance of the three waiver requests, prepared by the staff. On the motion of Mr Colman, seconded by Mr Galaitsis, the Board approved, unanimously, the decision dated May 19, 1997 that approves the street improvement plan. *********************************** MINUTES *************************************** 98. Review of minutes: The Board reviewed the minutes for the meeting of January 21, February 3, 10 and 24, 1997 On the motion of Mr Galaitsis, seconded by Mr Davies, it was voted unanimously 4-0 to approve the minutes, as written. Mr Galaitsis abstained as he was not a member at the time of those meetings. The Board reviewed and corrected the minutes for the meeting of March 5, 1997 On the motion of Mr Galaitsis, seconded by Mr Davies, it was voted unanimously 4-0 to approve the minutes, as amended. SUBDIVISION OF LAND 99 Denver Street. Robert Phelan. Accent Covenant. Endorse Plans: The Board reviewed a draft motion prepared by the staff. On the motion of Mr Colman, seconded by Mr Davies, the Board voted unanimously that, whereas all legal documents have been reviewed and approved by Town Counsel, and the subdivision was approved by the Planning Board on October 8, 1996, to. 1 accept the covenant executed by Paul A. Phelan, the owner, dated May 14, 1997, and 2. endorse the definitive subdivision plans entitled "Definitive Subdivision, Denver Street, Lexington, Massachusetts" dated May 22, 1996 ************************* PLANNING DIRECTOR'S REPORT ************************** 100 Recent Activity Kimball Road. Preliminary Street Improvement Plan. Rollout: Mr Bowyer rolled out a sketch preliminary plan for the improvement of a portion of Kimball Road that was submitted by Mark Barons on May 14, 1997 The J staff has not yet reviewed the plan in detail. The time for action on this plan expires on June 13, 1997 Minutes for the Meeting of May 19, 1997 3 Mr Bowyer also reported on the following: MAPC Focus Group on "Defense Cutbacks: Local Impacts and Local Strategies" The Metropolitan Area Planning Council has asked Lexington to take part in a focus group looking at early warning strategies to deal with federal defense budget cut backs. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Subsidized Housing Tnventorv' Corrections to Lexington's Entries: Mr Bowyer reported that the State Department of Housing and Community Development recently sent their Inventory of Subsidized Housing to the office for verification. The Inventory fails, as it has for the past several years, to include affordable housing built in Lexington in recent years, particularly the houses built by LexHAB under the Local Initiative Petition process. The Board reviewed a draft letter to DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, prepared by the staff, asking DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT to add the LexHAB houses to the inventory The letter was sent by certified mail and requests a response detailing why these dwellings are not on the list. Local Initiative Petition Application. Spencer Street LexHAB is planning to build an affordable house on Spencer Street as part of the Town's scattered site housing program. The Planning Department staff is helping to prepare the Local Initiative Petition application to DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Tear Downs. Data Collection: Staff recently attended a Metropolitan Area Planning Council program on what MAPC calls "mansionization," a term they apply to the building of new large homes in existing neighborhoods. In order to have a before and after picture of Lexington's experience with this phenomenon, the staff has collected statistics on the houses in Lexington that have been demolished to make way for new homes. The number of these "tear downs" has increased dramatically in recent years and the trend appears to be a concern in other communities as well. Amendments to the Text of the Zoning By-Law. It is time to consider amendments to the Zoning By-Law to be brought before the 1998 Town Meeting. Mr Bowyer said they are typically done once every several years so the staff will gather those items that they have "flagged" or had brought to their attention. Mr Davies offered to draft some text about definitions of floor area. Signs and communications antennae were also mentioned as possible subjects for amendments. APA Planners Exchange,: Mr Bowyer will be going to Oldham, England for two weeks in August or September, as part of an APA Planners Exchange Program. He will be hosted by Tom Mitchell, Planner for the City of Bolton. In turn, Mr Mitchell will come to Lexington for two weeks. Comprehensive Plan. Land Use Element: Mr Marino has made progress on the build-out analysis of Lexington and the staff will soon resume producing site analyses, of land with a potential for development, for the Board to review as part of preparing the Land Use element of the Comprehensive Plan. Potential Summer Intern: John Hales, a senior at Syracuse University in Policy Studies, has volunteered to work several days a week in the planning office. He hopes to gain exposure to policy making in local government and believes this experience will give him guidance on potential career choices as well. He will be helping on land use, transportation and economic development projects. The Planning Board indicated that it should invite him to meetings. ***************** PLANNING BOARD ORGANIZATION, SCHEDULE ******************* 101 Planning Board Retreat: The Board discussed its upcoming "retreat" on June 2. They agreed they would like to examine their objectives as Planning Board members, among other goals, and work on ways to realize them. 4 Minutes for the Meeting of May 19, 1997 -************ADMINISTRA-TION-OF LAND DEVELOPMENT-REGULATIONS *i l" — RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 102. Applications To Be Heard on June 5 and 12. 1997 Mr Galaitsis gave an oral review of the following applications: Center Field at Worthen Road, Lexington Recreation Dept and Citizen Group, special permit for new lights at the Center Recreation Area The Planning Board agreed on a concern about light spillover into adjacent residential neighborhoods and will urge the Board of Appeals to request that the lights be directed so that light spillover is minimized. 119 Grant Street, Ansel & Louise Davis, special permit to add second dwelling unit to a single-family dwelling The Board agreed that while it supports the goal of promoting a variety of housing to enable young families to live in Lexington, it believes that this proposed addition to a single-family dwelling violates the spirit and letter of the Zoning By-Law, including sub-section 5.3 1 3) which states, as an objective: _ to encourage more economic, energy efficient use of the town's housing supply while maintaining the appearance and character of the town's single family neighborhoods. Section 5.3.2.b states: "The dwelling to be converted shall be designed so that the appearance of the structure remains that of a detached one-family dwelling. The proposed addition has the appearance of a second house joined to the original by a garage. The Board had no comment on the following applications, also scheduled to be heard on June 5 4 Berwick Road, Daniel McCarthy, variance to add a full-shed dormer to house 135 Mass. Avenue, Wild Foods, Inc., special permit to operate a fast food/take out food business 14 White Pine Lane, Elizabeth Liao, M.D , renewal of special permit to use a portion of her home as an office 14 White Pine Lane, Timothy Dugan, M.D , renewal of special permit to use a portion of his home as an office .x********************************** REPORTS ************************************** 103 Planning Board Subcommittees Design Advisory Committee: Mr Davies reported that the Design Advisory Committee raised the subject of the Sign By-Law at a recent meeting that he attended. They may want to revise it somewhat to address certain design issues. Mr Bowyer stated that there is a Planning Advisory Servi publication that treats the subject well. The meeting was adjourned at 1100 p.m. �( / r John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF JUNE 2, 1997 The meeting of the Lexington Planning Board held in the John Parker Room at the Lexington Tara Sheraton Hotel, 727 Marrett Road,was called to order at 7.40 p.m. by Chairman Canale with members Colman,Davies, Galaitsis,Merrill,Planning Director Bowyer,and Assistant Planner Marino present.Mr.Merrill left the meeting after Item 105. The meeting was a goal-setting retreat in which each member was requested to address the following questions: 1. When you were a candidate for the Planning Board,what were the principal things you wanted the Board to accomplish? 2. Now that you have served on the Board,what are the principal things you want the Board to accomplish? 3. What are the obstacles that stand in the way of completion of the objectives you have listed? 4. How can these obstacles be addressed? 5. Are there different ways the Board(and the staff)can approach work tasks? 6. Which of these are the highest priorities? Anthony Galaitsis: He ran for the Planning board because, among other things,he is concerned about overdevelopment.He became aware of the importance of the Planning Board's work during a proposal by the Marriott Corporation for an oversized assisted living facility in his neighborhood. With respect to new housing,he is concerned about teardowns of existing houses and he is interested in how they can be minimized to preserve a broader range of housing options.He is also concerned about overdevelopment in commercial districts. ( He thinks that the new section 9 of the Zoning By-Law,providing greater opportunity for cluster development,might be an extreme response to the undesirable mansionization trend. He thinks that Section 9 could lead to overdevelopment, if the development levels calculated by its five impact measures were routinely approved.He feels that the Town Meeting perhaps did not fully appreciate the provisions of this complex article.He hopes that the first few developments under Section 9 will provide the required opportunities for further examination and resolution of these concerns. Steven Colman: In his campaign he stressed that the Town needs to take a strategic planning approach and to look at issues such as what is the Town's mission and what is the mission of the Planning Board?He suggested a consultant be retained to help the Planning Board address these questions.He thought the Board should define some objectives for the coming year.His overall criticism is that the PB is too reactive and not proactive enough. A great deal of the Board's time is spent on subdivision and Board of Appeals cases at the expense of larger planning issues. He saw good planning as an economic benefit. Perhaps more money needs to be made available to produce more planning results. The Board needs to sell itself more. By conducting a land use analysis of the whole town,the Board may be able to identify some areas that could be developed to generate tax revenue. He thought that computer graphics might be helpful in resolving issues such as control of traffic at the Waltham Street/Marrett Road intersection.He questioned whether the Town has sufficient control over curb cuts.He said there were some localized traffic problems with trip generators such as Wilson Farm and the John Carroll driving range. He suggested a meeting with the Building Commissioner would be desirable to discuss the level of enforcement of zoning regulations. He suggested that the Board should look at examples from surrounding towns, what kind of development the Board likes and what it does not like.Those could then be incorporated into regulations that would improve the 2 Minutes for the Meeting of June 2, 1997 character of the town. John Davies:He was surprised that a comprehensive plan is thought of as a series of words in the form of policy statements. He would like greater attention to physical planning that is more map-oriented. He thought the Planning Board should work more effectively with other Boards and gave the following"grades" to the Board's efforts with other boards and committees: Town Meeting, - B, Board of Selectmen - C, Conservation Commission-A,Transportation Advisory Board-A,Board of Appeals-F,LexHAB -D. Reflecting on the Town Meeting proposal to include Parker Street in a historic district,he noted that the Board did not have much of a position one way or another. He thought other areas in town should be studied for their appropriateness as historic districts. He cited the houses on Moon Hill as a potential example He thought that internal working relations among the Board members and the staffs are quite good.He suggested the Board might be able to use the Lexington Minuteman newspaper more effectively in publicizing its activities with other Boards. He suggested that Board members or the staff might prepare columns on planning issues to be published in the Minuteman. Frederick Merrill: He sees the Board as policy makers. We need to remind ourselves that we are not technical reviewers. We can depend upon the staff to review applications in detail. The Board should concentrate on developing principles for development and use those as the basis for review of plans. The Board should be more nimble. We may be too hung up on producing a perfect Comprehensive Plan. He would like the planning effort to be more visually oriented and tied into the town's core values. The Planning Board needs to spend more time with other boards such as the Design Advisory Committee, and the Board of Selectmen. The Board may need to seek more money for the department. He gave a geographic information system as an example of an investment that would produce great dividends for planning and for other town activities. Richard Canale:He thought perhaps there should be more zoning districts in the residential areas. Some of the established neighborhoods already have a well-defined character that could be protected. He originally ran for the Planning Board because of his concerns about over-development and traffic strangulation. He thought the attitude of the Town was how to get through the current fiscal year without consideration of the long-term costs.He wanted to do more work on the comprehensive plan and is frustrated that there is a tendency for plans to remain on the shelf.He thought that attention needs to be devoted to how a plan is implemented.He wanted to know more about how a comprehensive plan can be translated onto a specific site. He thought the Board should recognize that it can not do everything. There is not enough time for both policy- making and review of development proposals in great detail.He thought the Board should concentrate on policy He observed that Lexington is still only one town in a larger area. The Board needs to think how Lexington fits in the context of surrounding towns.He contrasted Lincoln with Burlington as examples of the range of choice available to Lexington.He commented on the cultural heritage that is the Town's responsibility because of the Minuteman National Park and the historic events that occurred here. He questioned whether Lexington should choose not to have greater development because of the historical legacy that is its responsibility to maintain. As for organizational dynamics,he observed the absence of extroverts on the Board. Minutes for the Meeting of June 2, 1997 3 After individual members spoke there was a general discussion of the Board's organization and the length of the term for each member.Mr. Canale suggested the Board might make better use of sub-committees and advisory committees to spread the workload out. Mr. Bowyer commented that there are several models for staff-board relations.He said the staff is flexible as to what arrangements and divisions of responsibility between board and staff and would adjust to whatever model the board preferred. The members generally expressed concern about in-fill development and the general process of redevelopment in which older, less intensively developed buildings are torn down and replaced by larger uses that are more intensive. 105.Massoort Generic Environmental Imnact Review. Mr.Canale reported that comments on the draft GEIR are due to the Massachusetts Environmental Protection Agency by June 9, 1998. On a motion of Mr. Merrill, seconded by Mr.Colman,it was voted unanimously to authorize Mr.Canale to write a letter in the Board's behalf stating that it considered the draft GEIR to be inadequate and to recomry$nd that the EPA Secretary direct Massport to revise the GEIR. ) The meeting was adjourned at 10:28 p.m. L /John L.Davies, Clerk V / 1 l PLANNING BOARD MINUTES MEETING OF JUNE 16, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building,was called to order at 7:54 p.m. by Chairman Canale with members Colman,Davies,Planning Director Bowyer,and Assistant Planner Marino present. Mr. Merrill arrived during Item 102. Mr. Galaitsis was absent. ***************** COORDINATION WITH OTHER BOARDS, COMMITTEES **************** 107 Review of Selectmen's Business Committee Report: Board members discussed their reactions to the Selectmen's Business Committee Report. The report made reference to the Planning Board's comprehensive revision of the commercial sections of the Zoning By-Law in 1987,which assigned specific functions to each commercial zoning district.Mr.Bowyer outlined the reasoning behind the amendments that year. TheBusiness Committee report focussed partly on ways to make Lexington more hospitable to businesses and assigned partial blame to the Zoning By-Law for burdening prospective new businesses with complicated, confusing and restrictive regulations. The Planning Board took exception to this position of the Business Committee,citing the fact that every year new businesses come to town successfully And while the Planning Board agrees with the Business Committee that gaining more revenue from commercial property is desirable, it believes the methods used will require careful planning.Mr.Bowyer pointed out that some of the committee's report was written up to two years ago and made judgements based on 1994 commercial property valuations which were low Mr.Merrill noted that some of the economic conditions that may have been the impetus for the report have improved over recent months. The Board identified some possible next steps to take. It found contradictory ideas within the report itself and ideas contradictory to Planning Board policies.Mr.Merrill said the Board needs to communicate to theBoard of Selectmen and the Business Committee that the Planning Board does have commercial policies,that it wants to be part of the solution, and that there are core values, quality of life environmental and traffic issues to keep in mind as guiding principles. The Board agreed to continue its discussion at future meetings and to decide what kind of dialogue to have with the Selectmen and the Business Committee. It will summarize its thoughts in a letter to the Selectmen and the Business Committee informing them that the Planning Board has studied their report and would like the opportunity to discuss it, along with their own Commercial Development report, at a joint meeting.It will express the belief that they all share the same goals but need to come to agreement on how to achieve them.Mr Colman suggested the two full Boards should meet at first,rather than representatives of each. *********************************** PLANNING STUDIES******************************** 108."Mansionization" Status Report on Plannine Department Report: Following up on the MAPC "Mansionization" Round Table, Mr Bowyer reported on data that Mr. Marino produced out of Planning, Assessors and Inspectional Services Department databases about new houses being built in town. The results indicate that the number of housing units produced by three methods of construction, i.e., teardowns, isolated vacant lots on existing streets and houses on lots in subdivisions, is virtually identical. With limited land left to subdivide and the small number of vacant lots to build on, teardowns are going to be a major source of new housing construction.There are 950 lots in town valued at$200,000 or less,which equals the current acquisition cost of land without a building. The replacement houses are twice as big as the teardown, but average 600-800 square feet less than a house in a new subdivision. They meet a particular housing niche, at$150,000 less than a house in a new subdivision. 2 Minutes for the Meeting of June 16, 1997 People seem most concerned that the destruction of smaller homes deprives younger, lower income families the opportunity-to-buy-a—`starter-homethat they-can-add on-to-or-move-up-from-in-future years-as_they can_afford_ it.But the ones assessed low are in poor condition,or are built on a slab. **************************** PLANNING DIRECTOR'S REPORT *************************** 109 Recent Activity a. Mr.Marino reported that Lexington is now officially a member of the MAGIC subregion of the Metropolitan Area Planning Council. b. Mr Bowyer reported that he and Mr Marino attended a meeting sponsored by the Cambridge Reservoir Watershed Advisory Committee and took a brief bus tour of the Reservoir. c. Mr. Bowyer attended an MAPC meeting on Preparedness for Defense Budget Cutbacks. The meeting focused on potential effects on Hanscom Field if there were a reduction in defense spending or another round of base closings. d. Mr Bowyer will speak to the South Lexington Transportation Task Force, at their next meeting, on the Planning Board's Transportation Demand Management Policy *************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************** 110.Munroe Villaee.Todd Cataldo.Revised Landscane Plan, Status Report: Mr Davies reported that Mr.Cataldo filed a revised landscape plan for the Munroe Village subdivision,but it was not prepared by the same landscape architect who did the original plan.He said there are two problems with this: a) The required approval to change landscape architects was not requested from the Planning Board. b) The revised plan does not address the problem it was required to address. Mr. Cataldo agreed to meet with Mr Davies,Mr.Marino and the new landscape architect at the site.Mr.Marino will ask Mr Cataldo for a formal letter of request to the Board to approve the new landscape architect. RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 111 Annlications To Be Heard on June 26, 1997• Mr.Canale gave an oral review of the following applications: 80 Westview Street,Richardson,variances to allow construction of an office building The Board reviewed the Board of Appeals material and Mr Bowyer gave some background on the circumstances of this petitioner and petition. After some discussion, the Board authorized the staff to compose a letter to the Board of Appeals stating the reasons why a variance cannot legally be granted for the area of a lot or for frontage. 80 Westview Street, Richardson, special permits to modify the transition area landscape screening and parking lot design See above. One Cranberry Hill, Battle Road Limited Partnership, determination that the proposed installation of a wireless telephone base station on the roof is a minor revision. The Board agreed that that this is not a minor revision and will state to the Board of Appeals its belief that any antenna-like structure should be the subject of a public hearing,particularly this one as it may be in the viewshed of the Minuteman National Historic Park. 409 Massachusetts Avenue, Lexington Toyota, determination that paving of buffer strip abutting 443 Mass. Avenue is a minor revision The Board agreed that this is not a minor revision and should be the subject of a public hearing.It noted that in the original application for a special permit, on January 25, 1988, the landscaped transition area was modified to begin with and the Board does not see any justification for further modification of that already Minutes for the Meeting of June 16, 1997 3 minimally screened area.The Board will suggest to the Board of Appeals that it urge the applicant seek an alternative type of landscaping as paving the buffer strip is not a suitable alternative. The Board had no comment on the following applications, also scheduled to be heard on June 16. 1 I Tollow Lane, Houvouras,variance to add a bay window at rear of dwelling 95 Hayden Avenue. Fresenius Medical Care, request for determination that installation of a canopy-like structure over the existing walkway is a minor revision SUBDIVISION OF LAND 112.Johnson Farm Road, Steve Hamilton. Request from the developer to adjust the Limit of Work Line. adjust the gradjne and to remove a tree: After a brief discussion,on the motion of Mr Davies,seconded by Mr Colman, the board voted unanimously to approve the request of Steve Hamilton dated June 11, 1997, to: 1) remove the tree behind the two dwellings near the line between lots 2C and 2 D; and, 2)modify the"minor limit of work line"behind lot 2D in order to extend the toe of the slope another 10" into the "minor limit of work area", provided that the top of the slope shall remain at its original elevation. 113 Johnson Farm Road.Steve Hamilton.Rearrest front the developer to change land surveyor and civil engineer. Mr Marino reported that staff received a letter from Steve Hamilton, developer of the Johnson Farm Road subdivision, requesting approval of a change of the Civil Engineer and Surveyor for the project. After a brief discussion, on the motion of Mr Davies, seconded by Mr. Colman, the board voted unanimously to approve the request of Steve Hamilton, dated June 12, 1997,to change both the Civil Engineer and I and Surveyor from Meridian Engineering Collaborative, Inc.,to Frederick Russell,a Registered Professional Civil Engineer,and James Keenan, a Registered Professional land Surveyor PLANS NOT REOUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 114 Form A197-3.Land off Lincoln Street.Amalia Samovlenko: The Board reviewed an Approval Not Required Plan for land off Lincoln Street. On the motion of Mr Canale, seconded by Mr Colman, the Board voted unanimously to endorse the plan entitled "Plan of Land in Lexington, MA (Middlesex County)", dated June 2. 1997, prepared and certified by Donald J. Forand, Bedford, MA, Registered Land Surveyor, with Form A197-3, submitted by Amalia Samoylenko,applicant, as it does not require approval under the Subdivision Control Law ***************** PLANNING BOARD ORGANIZATION, SCHEDULE ******************* 115.Election of Officers: As this was the last business meeting scheduled in June, as called for in the Procedural Rules of the Planning Board, the Board held its election of officers. On the motion of Mr Davies, seconded by Mr. Colman, the Board voted unanimously, 4-0, to re-elect Mr. Canale, Chairman, Mr Merrill, Vice Chairman, and Mr. Davies, Clerk. ************************************ REPORTS ************************************* 116.Planning Board. Subcommittees Middlesex County Hospital Ad Hoe Committee: Mr.Bowyer reported on a meeting of the Lexington Middlesex County Hospital Ad Hoc Committee that he and Mr. Marino attended. He said that creditors owed money by the bankrupt County are trying to get paid. Judge Zobel may order an auction of County assets.This is unprecedented and it may bypass normal governmental land disposition processes. A bill to abolish Middlesex County government is soon to come before the House. It would transfer ownership of County assets to the State Division of Capital Planning and Operations. He said that Chairman of the Board of Selectmen, Leo McSweeney, asked if the Planning Board has a view on what process should be followed to deal with issues connected with County 4 Minutes for the Meeting of June 16, 1997 land in Lexington. Mr. Bowyer urged the Board to identify a systematic planning process with data collection and — - — analysis-to guide-decision-making. _ HATS: Mr Canale reported that the HATS representatives from the four Planning Boards are going to meet to f examine Section 12, Traffic, of Lexington's Zoning By-Law and other possible tools they might use in their arguments against Massport development at Hanscom Field. The meeting was adjourned at 10:34 p.m. / / 7/ (. C �, s. Sohn L.Davies, Clerk / I 7 PLANNING BOARD MINUTES MEETING OF JUNE 30, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building,was called to order at 7.45 p.m.by Chairman Canale with members Colman,Davies,Galaitsis,Planning Director Bowyer,and Assistant Planner Marino present. Mr. Merrill was absent. ***************************** PLANNING STUDIES ******************************** 117 New Laver Houses on Existina Streets.Review Draft of Report.Next Stens: The Board reviewed a draft, dated June 27, 1997, of a report entitled New, Larger Houses in Existing Neighborhoods. The report is about the construction of new,much larger houses in existing neighborhoods,usually replacing small older houses that have been demolished. It has been written in response to concerns voiced by residents that were discussed at the Planning Board's retreat/goal setting session on June 2.At that time,Board members reported on the number of comments they receive about large houses and"tear downs."A workshop recently held by the Metropolitan Area Planning Council on the phenomenon,which it refers to as"mansionization,"was also an impetus. The report is divided into two sections.The first is an analysis of data that the Planning Department has collected on"teardowns" in Lexington.The second is an attempt to identify and define what exactly is the problem,what techniques are available to solve it, once identified,and what interests will be affected by the proposed solution. The Board's discussion centered on possible ways to approach the issue through zoning,e.g., special permits and graduated setbacks based on floor area. Mr Bowyer said these techniques are in danger of conflicting with Chapter 40A, §6 of the State Zoning Act. ************ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 118. 2 Kimball Road.Mark Barons.Preliminary Street Improvement Plan.Presentation by the Applicant:Mark Barons,applicant,Ronald Tubman,engineer and Edmund Grant,attorney,were present to introduce a preliminary street improvement plan for a portion of Kimball Road that will provide frontage for 2 Kimball Road. Also present were 14 abutters to the project. Mr.Tubman explained that the plan shows the improvement of 196 feet of roadway, more than the 125 feet required. Waivers from the required sidewalk and underground utilities requirements are requested,along with permission to adjust the center line of the new portion of the road to match the existing street. He described the landscaping plan and drainage system, showing that storm water will be prevented from running off onto Lot 180A. Mr. Canale asked the applicant for the reasons he is requesting the three waivers. Further questions from the Planning Board had to do with the landscaping and underground utilities.Mr.Galaitsis asked the applicant if he could avoid raising the lot four inches,as planned. Mr.Canale explained the hearing process to the audience and then asked for questions.Robert Enders, 11 Kimball Road voiced his concerns about safety if the road is improved. He believes the speed of traffic will increase, causing danger to the children in the neighborhood. Dave Cooper, 5 Kimball Road, also expressed this worry Roger Bejian, 17 Kimball Road, said he is extremely worried about the possibility of storm water coming onto his property Other residents expressed their concerns at length. 2 Minutes for the Meeting of June 30, 1997 Edmund-Grant,-attorney,-reminded-those-present-that Mr-Barons-is-responsible-for-the plans-to-improve-the street — ------- and should not be questioned about what could happen on the land at 2 Kimball Road,which has been determined to be a buildable lot. It is not in the scope of the meeting on street improvements this evening. After more questions were asked and answered,Mr. Canale declared the hearing closed. The Board reviewed,revised and then approved a draft decision prepared by the staff. *************** COORDINATION WITH OTHER BOARDS,COMMITTEES *************** 119 Planning Board Letter to Selectmen re Business Committee Renort. Feedback from Selectmen: Mr Canale reported that the Board's letter suggesting a joint meeting with the Selectmen and the Business Committee on the subject of commercial development was sent to the Board of Selectmen.Chairman McSweeney responded that the Board of Selectmen will be delighted to meet with the Planning Board. ************************************ MINUTES ************************************** 120. Review of Minutes: The Board reviewed minutes for the meetings of March 10, 17, 24 and 26, 1997 On the motion of Mr. Davies, seconded by Mr. Galaitsis, it was voted unanimously 4-0 to approve the minutes of March 10, as amended, and the minutes of March 17,24 and 26 as written. ************************** PLANNING DIRECTOR'S REPORT ************************* 121 Recent Activity Sketch Preliminary Subdivision Plan.Rollout:Mr. Bowyer,rolled out a sketch preliminary plan for the 94 Adams Street development,off Brent Road,that was submitted by Winnetucket Realty Trust on June 19, 1997 The staff has not reviewed the plan in detail yet. The time for action on this plan expires on July 19, 1997 Sketch Preliminary Subdivision Plan.Rollout: Mr Bowyer,Marino rolled out a sketch preliminary plan for the Old Spring Street development, off Old Spring Street,that was submitted by Ronald Lopez on June 30, 1997 The staff has not reviewed the plan in detail yet. The time for action on this plan expires on July 30, 1997 Tracer Lane Subdivision: Mr Bowyer said that it is time for something to be done about the Tracer Lane Commercial Subdivision,Harold Nahigian,applicant.He provided some history of the project and said that a new lawyer at Palmer and Dodge, Kenneth Salinger, will work on it with the Town, replacing Acheson "Mike" Callaghan. The Planning Board filed a decision on an approved subdivision plan with the Town Clerk four years ago. Ordinarily,the developer would then give the Board a covenant pledging them to abide by the regulations and to build in accordance with the plan. The Board then endorses the subdivision plan and the plan is recorded in the Registry This has not happened.Now the developer says he wants to change some wording in the decision.Mr Callaghan said it could not be done as the 21-day appeal period has passed.This is the position Palmer and Dodge has taken since then. The developer has two choices: 1 File the covenant and record the existing plan;then propose an amendment to the plan. 2. File a new plan within the three years left within the"freeze"period. The Board could also vote to rescind the plan. RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 122. Applications to be Heard on July 10. 1997 Mr.Colman gave an oral review of the following applications: Minutes for the Meeting of June 30, 1997 3 8 Rangeway,Bloomer, determination that the addition of a full-shed dormer is a minor revision The Planning Board agreed that this is not a minor revision to a special permit and will recommend to the Board of Appeals that it be the subject of a public hearing. The Board agreed to make no comment on the applications below 18 Lockwood Road,Gail Leichtman,variances to add a deck 41 Ledgelawn Avenue-Norman&Joyce Dufault,variance to add a dormer 3 Abbott Road.Jane Forsyth,renewal of special permit to use part of residence as an office ************************************ REPORTS **t*********************************t 123. Planning Board. Subcommittees HATS: a. Four Town Master Plan Study Mr. Canale reported that the Town Manager's office will provide the Planning Board with copies of a very preliminary version of the Daylor Group's Four Town Master Plan Study It was provided because the Massachusetts Environmental Protection Agency made its decision on the Hanscom Generic Environmental Impact Report and the Selectmen wanted some advance information. b. Hanscom RFI:Mr.Canale also reported that Massport put out its Request for Information in connection with possible development at Hanscom Field and got 18 responses. Six have to do with aviation development(hangers and the like)and 12 are for various mixes of hotel/conference center, golf course and other recreation uses and an assisted living facility On Wednesday,July 9,Massport will hold a meeting in Bedford Town Hall to present the results of the RFI to the four towns. Mr. Canale urged the Board to attend. South Lexington Transportation Task Force: Mr Bowyer reported that at a breakfast meeting of the South Lexington Transportation Task Force at which he was to speak about the Planning Board's Transportation Demand Management Policy,a discussion was held instead because of the make-up of the audience.Among the subjects covered were Transportation Management Associations, the effect of flextime on alternative transportation modes and the importance of the roles of employers and municipal governments in influencing commuting patterns.The Director of the 128 Business Council informed the group that 2 million square feet of new commercial floor space is planned in Waltham. The Business Council is working with the City and the developers to provide shuttle connections to the Riverside Green Line/Express Bus terminal, and to the commuter rail station in Waltham. Middlesex County Hospital Ad Hoc Committee:Mr.Bowyer reported that at a recent meeting of the Middlesex County Hospital Ad Hoc Committee, County Commissioner Thomas Larkin and the Commissioners' attorney were there. If the bill abolishing Middlesex County passes, its holdings go to the State Division of Capital Planning and Operations(DCPO).Middlesex Superior Court has ruled that the County must follow the disposition procedure for county land,which means it must be offered first to the State and then to the municipalities for fair market value.Using a"Plugger's"GIS Map created by Mr.Marino and the Conservation Administrator,Marilyn Nordby, the group could see the rugged character of the Middlesex County Hospital site which makes it not particularly conducive to easy development.But because of the current zoning of the site,which is one-family residential, that is probably the most predictable scenario. Other, more .'sirable, uses are likely to require rezoning. The County will be looking for the quickest and highest value • ution. The meeting was adjourned at 11:09 p.m. / John L.Davies, Clerk 1 PLANNING BOARD MINUTES MEETING OF JULY 8, 1997 The meeting of the Lexington Planning Board held in Estabrook-Hearing Room,-Cary Hall,_was-called_to_order - at 7.44 p.m. by Chairman Canale with members Colman,Davies, Galaitsis,Merrill,Planning Director Bowyer, and Assistant Planner Marino present. ************************* ARTICLES FOR 1997 TOWN MEETING ************************** 124 55 Hayden Avenue. David Vickery Spaulding & Slee. Re-submittal of Petition for CD Rezoning: David Vickery, Senior Vice President at Spaulding and Slye, gave the Board an update on their plans to ask for a rezoning of 55 Hayden Avenue. Spaulding and Slye is going to purchase the property from W R. Grace and would like to resubmit the proposal to a Town Meeting this fall or in the spring.He told the Board that he wants to work with them and the Conservation Commission to resolve any reservations they have. Mr.Vickery recalled that water runoff was a particular issue with the South Lexington neighborhoods and they will address those concerns. Mr. Galaitsis suggested they get early input from the abutting neighborhoods. Mr. Bowyer said that because it is a repetitive petition four members of the Planning Board must be in favor of the proposal to bring it before _ Town Meeting. Mr Canale expressed the Board's willingness to work with Spaulding& Slye. ******************************** PLANNING STUDIES ********************************** 125.New.Larger Houses on Lots in Existing Neighborhoods: Mr.Canale reported that in a conversation with Leo McSweeney,Chairman of the Board of Selectmen,Mr. McSweeney said that the Selectmen will be interested in reading the Planning Board's Larger Houses report when it is done. The Selectmen recognize that the issue of "jumbo houses"has become a concern of many in recent years. The Board agreed that the draft report is more than just a technical document describing the current situation. It outlines the policy issues very well. There should be public discussion on these issues and perhaps a public meeting. Mr. Colman noted that"before"and"after"photographs of teardowns and their replacements would be useful,to show how the new, larger houses built on existing isolated lots are out of character with the rest of the neighborhood. The Board complimented the staff for an exceptional piece of work and urged broad distribution of the report. ************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************** SUBDIVISIONS 126.94 Adams Street.Winnetucket R.T Revised Sketch Subdivision Plan: Presentation by the Anolicant: Present for this item were Richard Perry and Peter Kelley of Winnetucket Realty Trust, the applicant; Richard Waitt, engineer, of Meridian Engineering Collaborative; and Gary Larson, landscape architect, of Larson Associates, Inc.A number of abutters to the project were in the audience. Mr.Larson explained that the plan before the Board is the third sketch plan presented for this piece of property and it reflects changes made according to comments the Planning Board made on previous plans.It shows separate driveways to the two proposed houses,one leading from Brent Road,the other from Adams Street.The driveway from Brent Road has been relocated to allow better snow storage in winter. Landscaping will provide a visual barrier between the two lots. The Board had a number of questions about the driveway and plans to deal with storm water run off.Mr. Waitt said there is no difference in runoff from two driveways or from one shared driveway Three Board members voiced a preference for two driveways because that option addresses safety issues the best;two members prefer 2 Minutes for the Meeting of July 8, 1997 a shared driveway Regarding the public benefit offered,the Town Engineer has suggested,and the applicant has included in his plan,rebuilding the guardrail on Adams Street and other improvements with a wood rail,anchored to the existing metal posts. This will be less expensive than a metal rail and enable more of the public benefit funds to be used to resurface sidewalks in the area. Dr Stephen Fish, 25 Brent Road, expressed abutters' concerns about drainage problems in the neighborhood. Dinesh Patel,22 Brent Road said that many children live on Brent Road and another driveway would be a danger to them. With regard to the design of the drainage system, the Board asked that the drainage calculations demonstrate that the drainage conditions, in the area generally, are improved by the design. The calculations should be done for a hardtop drive,but conditioned on a gravel drive. **************************REGIONAL,INTERTOWN ISSUES ************************* 127 Hanscom Area Towns Study(HATS) a. MEPA Certificate on the Hanscom Field GEIR. Mr Canale said that the recently issued Certificate of the Secretary of Environmental Affairs on the Generic Environmental Impact Report Update for Hanscom Field the Massachusetts Environmental Protection Agency is a bit vague and will undoubtedly trigger much discussion about its interpretation over the next several months. b. Massnort Hanscom Field RFI. Massport's RFI for development at Hanscom Field garnered 18 responses. At a meeting in Bedford,on July 9,Massport will discuss summaries of the 18 proposals.Mr. Canale urged the Board to attend. c. Four Town Master Plan Study. Mr. Bowyer told the Board that the Daylor Group has released some preliminary information from the Four Town Master Plan Study they are preparing for the HATS town. It can be useful in providing Massport with some preliminary direction as to what will be acceptable to the towns in the way of development at Hanscom Field. d. Freedom's Way Heritage Corridor Mr. Canale reported that there is a feasibility study report for a 35 Ep town/city area. The Freedom's Way Heritage Corridor study is almost complete for designation of a national heritage area encompassing those 35 cities and towns. Our congressional delegations will ask the National Park Service to allow it to be considered for this year's funding even though the deadline has passed. MAPC Subregion Designation: Mr. Marino reported that Lexington will become a member of the MAGIC (Minuteman Advisory Group on Interlocal Coordination)subregion of the Metropolitan Area Planning Council. The Selectmen voted to approve the switch from the Northern Suburban Planning Council since Lexington has more in common with the MAGIC Towns.He asked the Board for suggestions of Lexington's concerns that he can submit to MAGIC as background information on the town. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* PLANS NOT REOUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 128.Form A/97-4.26 Parker Street and 6 Jackson Court.Bean There R.T The Board reviewed an Approval Not Required Plan for land at 26 Parker Street and 6 Jackson Court. On the motion of Mr.Merrill, seconded by Mr. Colman,the Board voted unanimously to endorse the plan entitled"Plan of Land in Lexington,MA(Middlesex County)", dated July 3, 1997, prepared by Michael J Juliano for Meridian Engineering Collaborative, Inc., Danvers,MA,certified by Michael J.Juliano,Registered Land Surveyor,with Form A/97-4, submitted by David Quigg, applicant, as it does not require approval under the Subdivision Control Law l Minutes for the Meeting of July 8, 1997 3 RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 129 Application To Be Heard on July 10. 1997• Mr. Colman gave an oral review of the following applications: 8 Rangewav Bloomer, determination that addition of a full-shed dormer is a minor revision The Planning Board believes that this is not a minor revision to a special permit and should be the subject of a public hearing. The Board agreed to make no comment on the application below scheduled to be heard by the Board of Appeals on July 31, 1997 154 Bedford Street. Sutton,variance to expand a deck 26 Richard Road,Abramo, special permit to add second story addition ************************************ REPORTS ************************************* 130.Planning Board, Subcommittees Mr Canale reported that he recently met with members of the Board of Selectmen,the Town Manager and the _ chairman of the Selectmen's Business Committee. The Selectmen have appointed a Committee to implement the Business Committee Report and have reserved a place for a Planning Board member. Mr. Canale reported that the Planning Board had differences in policy and approach to the Business Committee report. Selectmen Fenn believes there should be action on zoning amendments and the implementation group should not spend time talking about philosophy They agreed to set up a joint meeting of the Planning Board the Board of Selectmen and members of the Business Committee to discuss the report and common goals,vy ich would include Planning Board objectives. 7 The meeting was adjourned at 10:25 p.m. // ( lam /John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF JULY 23, 1997 The meeting of the Lexington Planning Board held in Room G-15,Town Office Building,was called to order at 7:06 p.m. by Chairman Canale with members Colman,Davies,Galaitsis,Merrill,Planning Director Bowyer,and Assistant Planner Marino present. Mr. Bowyer introduced Thomas Mitchell,a planner from Bolton,England,who is in Lexington for two weeks as part of an International Planners Exchange sponsored by the American Planning Association and the Royal Town Planning Institute. He is being hosted by Mr. Bowyer. In September,Mr Bowyer will travel to England and likewise spend two weeks with Mr. Mitchell,learning about British planning. Mr. Bower also introduced John Hales,a volunteer intern,who is working in the planning office this summer ***************** COORDINATION WITH OTHER BOARDS, COMMITTEES ****************** 131 Selectmen's Business Renort. Discussion: Mr Canale reported to the Board on his meeting with Leo McSweeney, Chairman of the Board of Selectmen,and Richard White,the Town Manager, on Friday, July 18. He and Mr.McSweeney made some agreements as to the content and focus of an upcoming joint meeting of the Selectmen with the Planning Board. The reason for the joint meeting is the Selectmen's Business Committee's Report,which contains recommendations for actions to address commercial development in Lexington. Some of these proposed actions are inconsistent with the Planning Board's attitudes toward commercial development, as expressed in their report "Commercial Development in the CRO, CM and CD Zoning Districts. " Mr. Canale expressed his belief that the meeting will be the first in a series of meetings with the Selectmen. Mr. Colman said he would like to make the point to the Selectmen that the Zoning By-Law is not so complicated that prospective businesses are discouraged from locating in Lexington. Mr. Bowyer added that businesses go through the process successfully every year. Mr. Merrill said that the Selectmen should realize that the Planning Board also believes in enhanced revenues from commercial properties.The recession the Business Committee and its report were addressing is clearly over. Mr.Bowyer pointed out that even if the FAR is increased in the commercial districts,as the Selectmen may wish, Section 12,Traffic, of the Zoning By-Law,the wetlands protection act and land availability still remain factors businesses must deal with. Mr. Colman suggested using the services of a strategic planner for a session with the two Boards. The Board recessed at 7:30 to attend a joint meeting with the Board of Selectmen in the Selectmen's Meeting Room. ******************** COORDINATION AMONG BOARDS,DEPARTMENTS ******************* 132.Joint meeting of the Board of Selectmen and the Planning Board The joint meeting of the Board of Selectmen and the Planning Board was called to order at 7.35 p.m. in the Selectmen's Meeting Room,Town Office Building. Chairman McSweeney,Mr.Busa,Mr.Fenn,Mrs.Eddison, Mr Enrich; Mr. White, Town Manager and Chairman Canale and Planning Board members Colman, Davies, Galaitsis, and Merrill were present. Also present were:Robert Bowyer,Planning Director;Joe Marino,Assistant Planner;Tom Mitchell(from Bolton, England);John Hales,Planning Intern; Fernando Quezada,Business Committee;Barbara Lucas,Transportation Coordinator;Donald Graham, Chairman,Transportation Advisory Committee. Mr McSweeney opened the meeting stating it was a good idea for the Planning Board and Board of Selectmen 2 Minutes for the Meeting of July 23, 1997 to meet together and hoped it would continue on a regular basis.He said that the purpose of the meeting was to focus attention on servicing the Town's business citizens. The Planning Board issued a report on commercial development in April of 1997 The Selectmen's Business Committee Report was officially submitted to Town Meeting this year as well. Mr. Canale stated that the Planning Board welcomed the opportunity to meet with the Selectmen and the Business Committee to identify and work together on common goals. Mr.Quezada spoke on behalf of the Business Committee.He explained that the purpose of the report was to look at everything Lexington has to offer, see how the town can be made more attractive for businesses to come, remain, thrive, and pay taxes. He described in detail how the committee was organized and the procedures it followed to answer five questions: 1 What qualities make Lexington attractive to business? 2. What additional services can be offered to businesses? 3 What negative perceptions and/or realities exist that make Lexington less attractive to commercial/industrial entities which may be considering Lexington as a location? 4. How can we anticipate and prepare for the changes which will occur as the result of the shift from defense-based activities? 5. How can we attract new and environmentally sound businesses to our community? Are we anti- development or are we for development?Are there some types of development that we are against in Lexington?Do we earmark on a deliberate basis? After gathering information it needed, the Committee compiled its resulting recommendations into short-term and long-term measures, as follows: Short term issues: 1 understand and attract industries of the future, 2. increasing Lexington's promotional exposure,. 3 develop and engage a promotional network, 4 enhance Lexington's web-page,which has already been done, 5 develop and utilize promotional brochures, 6. widely advertise Lexington's competitive rents (we know we have space that is cheaper than areas around us for the types of industries that we want to recruit), 7 build upon regional benefits, 8. improve general access and image, and 9 promote shuttle bus usage,which is very much in place. Longer term issues, which will take financing, include: 1 one stop shopping,possibly getting an Economic Development Officer in place; 2. office park visibility may or may not be interested in locations such as Hartwell Avenue; 3 defense conversion; 4. incubator or software park; 5 general review of zoning regulations affecting commercial areas; 6. parking; and 7 tax incentives. Mr. Canale said that over the last year the Planning Board has been focussing its attention on the large commercial districts in South and West Lexington, those along Hartwell and Hayden Avenues, in relation to issues at Hanscom Field and the Four Town Master Plan Study being prepared by the Daylor Group for the HATS towns. It did an extensive review of the zoning regulations that affect businesses, with an eye toward finding ways to enhance revenues from those commercial districts.It does not want to see further development along Route 2A, west of Route 128. Minutes for the Meeting of July 23, 1997 3 Mr Bowyer reported that the Planning Board's report on commercial development was submitted to Town Meeting to accomplish the following objectives: 1. to address two rezoning petitions received on Hayden Avenue; 2. to provide a broader context for the Planning Board's position on commercial development; 3 show results of work on the Land Use Element of the Comprehensive Plan; 4. to show consistency with the Planning Board's recommendation on land use and development as part of the four town planning study involving other HATS towns; 5. to recognize the Town's need to raise real estate taxes from commercially zoned property; and 6. to present the new Planning Board policy on Transportation Demand Management. The Planning Board's overriding concern in rezoning land is its effects on the quality of residential life. The Planning Board and a majority of the residents see this as primarily a residential town with carefully located commercial development that supports and is consistent with a residential town.Among the positive benefits of proposed development is the potential real estate tax revenue if there is a net gain in revenues to the Town compared to the cost of providing services. The report issued in May has a very strong emphasis on transportation. The Planning Board sees an inseparable link between land use development and transportation. For nearly 12 years,the Lexington Zoning By-Law has had a provision that nearby intersections must be improved to traffic level of service "D" or better or a new development cannot proceed. Section 12, Traffic, of the Zoning By-Law is a far more powerful technique for dealing with traffic and with development generally than the floor area ratio. In an area like Hartwell Avenue, the FAR could be 15.0,not 0.15,and development would still not be permitted because the nearby intersections are at level of service"F" The major point in this year's report to Town Meeting was that Section 12 only deals with traffic congestion at nearby intersections during peak travel hours,but that is only part of the problem.It does not address the impacts of spill-over traffic on residential areas and we are reaching the point of development in suburbia,where,with the creation of jobs and shopping and housing development,the transportation system simply cannot function if it depends entirely on single occupant automobiles. Suburban busses, vans, car pools, walking, bicycling, and commuter rail are all needed modes of travel. The Planning Board's recently adopted Transportation Demand Management Policy requires that an applicant have a Transportation Demand Management Plan(TDM)to reduce automobile travel in single occupant vehicles (SOVs). That will reduce the amount of automobile travel generally and will be beneficial throughout the town. Both Section 12 and the Transportation Demand Management Policy have attracted interest from the other three towns participating in the HATS Master Plan study They appear to be interested in adopting those regulations so that they may be applied to proposed Massport development on Hanscom Field. Mr. Bowyer went on to describe other planning studies currently being done by the Planning Board and staff. With the commercial database they have created, they will be able to provide information on economic development. Mrs.Eddison suggested forming a working group that would include a Planning Board member.The Selectmen want to examine ways to make Lexington welcoming to new businesses.It was agreed that Mr. McSweeney,Mr. White and Mr. Canale would meet to discuss the lists generated tonight and then plan another meeting in the fall with the full group. The meeting was adjourned at 9.40 p.m. 4 Minutes for the Meeting of July 23, 1997 The Planning Board reconvened in Room G-15 at 9.42 p.m. Commenting on the meeting with the Board of Selectmen,Mr. Colman observed that there is a cost to being too business-friendly Burlington is an example of a town with too much commercial development. ****************************PLANNING DIRECTOR'S REPORT*************************** 133 Recent Activity Old Smith Farm. James Gaklis. Sketch Cluster Subdivision Plan. Rollout: Mr Marino rolled out a sketch preliminary cluster subdivision plan for the Old Smith Farm development, off Wood Street,that was submitted by James Gaklis on July 15, 1997 The staff has not reviewed the plan in detail yet. The time for action on this plan expires on August 14, 1997 *************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************** PLANS NOT REOUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 134 Form A/97-5. 63R Woodland Road (Bedford). Francisco and Sophie Vietas: The Board reviewed an Approval Not Required Plan for land at 63R Woodland Road in Bedford. On the motion of Mr.Merrill,seconded by Mr. Davies, the Board voted unanimously to endorse the plan entitled "Plan of Land in Lexington, MA (Middlesex County)", dated May 16, 1997,prepared by The BSC Group Engineering Inc,Bedford,MA,certified by Donald J Forand,Registered Land Surveyor,with Form A/97-5, submitted by Francisco and Sophie Vietas, applicants, as it does not require approval under the Subdivision Control Law SUBDIVISION OF LAND 135 Munroe Village. Todd Cataldo. Reouest for Approval to chance Landscape Architects: After a brief discussion, on the motion of Mr. Merrill, seconded by Mr Davies,the Board voted unanimously to: a. approve the request,dated July 17, 1997,of Todd Cataldo,developer of the Munroe Village subdivision, that the Board approve a change of the Landscape Architect from William Brown of the SWA Group to Jack Tremblay,Registered Landscape Architect; and b. approve the revised landscape plan, entitled Planting Plan, Munroe Place, dated June, 1997, by Jack Tremblay,Registered Landscape Architect. 136.94 Adams Street. Winnetucket Realty Trust, Sketch Subdivision Plan, Decision: The Board reviewed and revised a draft decision, dated July 18, 1997,on Winnetucket Realty Trust's sketch subdivision plan,entitled"94 Adams Street," for land off Adams Street and Brent Road. On the motion of Mr. Davies, seconded by Mr. Galaitsis,the Board voted unanimously to approve the decision as amended. Minutes for the Meeting of July 23, 1997 5 ************************************** REPORTS *************************************** 137 Planning Board. Subcommittees HATS: Mr.Canale reported on a follow up to the four town meeting in Bedford.Massport believes that the GEIR update is done and all they have left to do is a Section 61 finding as requested by DEP It is a description of how they would address certain issues (mitigation, etc.) if a development filing is made. Massport will do this in preparation for an RFP It will produce a courtesy draft of the report for the Towns to review He also reported that Richard Walsh of Massport would like to meet wit the Planning Board. The Board scheduled time with Mr Walsh at the August 27 meeting. /(The meeting was adjourned at 10:03 p.m. John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF AUGUST 13, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building,was called to order at 7:36 p.m. by Vice Chairman Merrill with members Colman, Davies, Galaitsis, Planning Director Bowyer, and Assistant Planner Marino present. Chairman Canale was absent. ************ADMINIS I RATION OF LAND DEVELOPMENT REGULATIONS ************* SUBDIVISION OF LAND 138. Old Spring Street. Ronald Lopez. Sketch 7 4.5.Frontage Reduction: Presentation by Applicant: Present for this item were Ronald Lopez, the developer, Ronald Wood, of Guidelines, Inc., landscape architect, Daniel Harrington, attorney, and Malcolm McDowell, engineer Mr. Harrington showed the Board a conventional subdivision plan laid out on the site.He explained that the developer would prefer subdividing the land according to Section 7 4.5, Frontage Reduction, of the Zoning By-Law and presented two plans for the Planning Board to review, each showing a two-lot subdivision. The major difference between the two plans is the layout of the driveways.He said that the advantage of the 7 4.5 approach is that the houses are further from the road and there is much less pavement than if a cul de sac had to be built.The developer is offering, as the required public benefit, to upgrade the rest of Old Spring Street and landscape it at a cost of approximately$55,000. That is about two- thirds of the cost to build a conforming subdivision street,which they estimate to be$78,000, pending verification by the Engineering Department. Mr.Davies questioned the development team about the arrangement of the driveways.Mr. Colman asked them to confirm that they plan to hook up to Town sewer, which they did. He also asked them to equalize the amount of frontage of the two lots. Mr.Merrill stated his preferences for their Plan B,which shows the two driveways farther separated from each other than in Plan A. He also applauded their willingness to use the "reduced frontage" provision of the Zoning By-Law DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 139 James Street, Definitive Street Improvement Plan. Beverly and Richard Tringale, Presentation by Applicant: Present for this item were James and Beverly Tringale,the applicants,and Fred Russell,engineer Mr. Russell presented a definitive street construction plan for a portion of James Street that would provide frontage for lots 67 and 68 The plan addresses comments the Planning Board made at the sketch plan stage by including a guard rail, and changes to the drainage system.It includes a request for the same thee waivers as presented in the sketch plan. On the motion of Mr.Davies,seconded by Mr.Galaitsis,the Board voted unanimously to approve the Definitive Street Improvement Plan. 140. Old Smith Farm(160-179 Wood Street),Cluster Subdivision Sketch Plan James Gaklis.Presentation by the Applicant: Present were James Gaklis,of Fidelity Builders,the developer,Ronald Wood, landscape architect. Mr.Wood presented plans for a cluster subdivision at 160-170 Wood Street and described how the plans evolved. Ground surveys were done so that precise planning to the topography could be done.Describing the surrounding neighborhoods and topography,he stated that they believe their plans for 16 units and 13 buildings are appropriate for the site.They will preserve the historically significant Schumacher barn.Both roads have a village-like square, or common and a footpath is provided. The plan falls within requirements for site coverage,floor area and number of occupants, and usable open space.In response to a question,Mr Bowyer stated that the maximum number of units in a conventional subdivision on that site would be seven dwellings. Remarking on the ideas and motives behind the creation of the Section 9,Residential Developments, Mr Merrill said the Planning Board intended a cluster development to have clear public benefits that would accrue to the Town and neighborhood. He asked Mr. Wood to describe their goals with respect to the public benefit in this development. Mr. Wood responded that they believe that they are meeting the need, of several segments of the population,for smaller homes on smaller lots. They intend to build four two-bedroom and 12 three-bedroom units, a two family,one single-family attached and one single family detached unit,with an average living area of 2,000 2 Minutes for the Meeting of August 13, 1997 square feet.Mr. Gaklis said he thought a community"tone"has been provided,along with the requisite open space on a difficult site with major constraints. Mr. Colman said he thinks they are on the right track and have responded to the spirit of the cluster provisions. Mr Galaitsis said it is his impression of these plans that the entire usable land will be built on quite densely Mr. Davies would like to see more pedestrian ways offered in the common space.All Board members would like to see the specimen plantings restored.Mr.Merrill suggested improving their public benefits offering by including some rental units,or below market rate units.He also said they are on the right track but that the Board challenges them to improve the plan. Some criticisms were:they are pushing the limits on the number of units allowed,the old barn is too close to a new structure. Clustering the buildings closer together will allow less site coverage and therefore less roadway Mr. Bowyer suggested that they handle the car garages differently, e.g.build separate structures as in the Fiske Common and Drummer Boy Condominiums. In response to Mr. Wood's question having to do with market demand for the cluster arrangement, Mr. Colman pointed out that their resale value in the marketplace place is fairly strong. Mr.Merrill said that the fact that Town Meeting approved it overwhelmingly is indicative also. He continued, saying that Town Meeting approved the concept as presented so it reinforces the commitment the Board has to be true to the spirit of Section 9 He pointed out that the Board will be cautious about approving a conventional single family subdivision dressed up as a cluster development.He stated that the Board would be happy to visit the site with the applicants. The members want to work with them on this project. ************************** PLANNING DIRECTOR'S REPORT ************************* 141. Recent Activity a. Kimball Road.Definitive Street Improvement Plan.Mark Barons,Rollout: Mr.Marino rolled out a definitive street improvement plan for a portion of Kimball Road that was submitted by Mark Barons, New England Construction Co.,on August 8, 1997 The staff has not reviewed the plan in detail yet. The time for action on this plan expires on September 23, 1997 b. Rumored Winter Street Proiect:Mr. Bowyer reported that the developers of a rumored subdivision off Winter Street are sponsoring a neighborhood meeting to introduce their proposal and answer questions that abutters may have.No plans have been filed with the Planning Board. c. Revere Street Subdivision: Mr Bowyer reported that an application has been submitted to the Conservation Commission for property at 22 Revere Street,that will lead to a filing with the Planning Board. The applicants previously submitted a sketch subdivision plan under Section 7 4.5 plan to the Board for that property,which abuts the Minuteman Bikeway d. The Town Web Page:Mr. Bowyer reported that he would like to get the Development Regulations, along with other information, onto the Town's web page. The Board supported this and also noted that Charles Hornig, a volunteer, did a good job putting the Zoning By-Law and the Commercial Development report on the Town's web page. RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 142. Applications To Be Heard on August 21, 1997 Mr. Davies gave an oral review of the following application: 16 Hayden Avenue Martignetti/Beeman, Special Permit with Site Plan Review. After reviewing and amending a draft recommendation prepared by the staff,on the motion of Mr. Merrill, seconded by Mr Colman, the Planning Board voted unanimously, 4-0, to recommend granting the Special Permit with Site Plan Review, only if certain conditions are imposed, as set forth in the document entitled"Recommendation on Application for Special Minutes for the Meeting of August 13, 1997 3 Permit with Site Plan Review, 16 Hayden Avenue." Mr.Davies pointed out that the Zoning By-Law is inconsistent with respect to calculating gross and net floor area ratio.The By-Law excludes the thickness of bearing walls but not the cross-section area of columns,which have the same function. Mr.Bowyer commented that Barbara Lucas,Lexington Transportation Coordinator,asked him to discuss with the Board, with respect to the Transportation Demand Management Policy,who should be the approving authority- the Planning Board, the Transportation Coordinator or the Town Manager. He outlined some scenarios and the Board suggested other options, including the Transportation Advisory Committee. Mr Merrill gave an oral review of the following applications,also scheduled to be heard by the Board of Appeals on August 21, 1997 15 Nichols Road. Special Permit to add second story and front vestibule 29 Hartwell Avenue, Special Permit to install free standing sign 61 School Street.Variance to add front and side yard setback requirements to add covered porch 1644 Massachusetts Ave, Special Permit to install free standing sign. The Board agreed to make no comment on these applications. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* PLANS NOT REOUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 143 Form A\97-6. 29 and 31 Shrine Street. Nielsen and Haeuerty The Board reviewed an Approval Not Required Plan for land at 29 and 31 Spring Street. On the motion of Mr Davies, seconded by Mr. Colman, the Board voted unanimously to endorse the plan entitled "Plan of Land in Lexington,MA(Middlesex County)",dated July 25, 1997,prepared and certified by James R.Keenan, Winchester,MA,Registered Land Surveyor,with Form A197-6, submitted by Norman and Deborah Nielsen and Gary and Penny Haggerty,applicants,as it does not require approval under the Subdivision Control Law SUBDIVISION OF LAND 144 108 Grove Street. Completion of Project: Vote to Release Covenant. Release of Lots: After a brief discussion of procedure in the situation in which public facilities were not constructed,on the motion of Mr.Davies, seconded by Mr. Colman,the Board voted unanimously that whereas the subdivision was executed in accordance with the terms and conditions of the Special Permit granted by the Planning Board on December 4, 1996,to release Debra D Cary,the owner, from the provisions of the covenant dated October 27, 1994, and to certify that the 108 Grove Street subdivision has been satisfactorily completed. ************************************ REPORTS ************************************* 145. Planninu Board, Subcommittees HATS. Four Town Master Plan:Mr. Bowyer reported that the final Four Town Master Plan Study prepared by the Daylor Group has been completed and is at the members' places tonight. The meeting was adjourned at 10:45 p.m. John L. Davies, Clerk 6 �� PLANNING BOARD MINUTES MEETING OF SEPTEMBER 8, 1997 The meeting of the Lexington Planning Board held in Room G-15,Town Office Building,was called to order at 7.41 p.m.by Chairman Canale with members Colman,Davies,Galaitsis,Merrill,Planning Director Bowyer,and Assistant Planner Marino present. ************************** REGIONAL,INTERTOWN ISSUES ************************* 146.Hanscom Area Towns Study(HATS)-GEIR.RFP Preliminary Discussion a.Massnort's draft REP. Mr.Canale reported that Richard Walsh,Thomas Ennis and Sara Arnold, of Massport, will attend the September 15 Planning Board meeting to talk about Massport's Request For Proposal for development at Hanscom Field and the draft Section 61 finding. The Board speculated about reasons Massport needs to make Hanscom Field produce more revenue. Donald Graham, chairman of the Transportation Advisory Committee, was present and asked the Board's assistance in getting his Committee's comments about Massport's approach to transportation demand management,which they believe is questionable,to Massport.Barbara Lucas,Transportation Coordinator, also present, commented that Massport must be urged to think beyond gaining revenue to the broader context of impacts of development on the region. Mr. Bowyer likened transportation demand management to preventive medicine,and said public agencies,especially Massport,which is a charter member of the Metropolitan Planning Organization for transportation, have a responsibility to take the lead in this area. 147 Status report on commercial develonment in West and South Lexington: Mr.Marino reported on work done by John Hales,the Planning Department's summer intern.Mr.Hales painstakingly collected data on Lexington's two main commercial areas, in south and west Lexington. The work represents another step toward a complete build-out analysis of commercial land in those areas of town.Mr.Marino distributed and explained some graphs he produced from that data. They describe the character of the commercial properties, such as total number and assessed value of commercial buildings, condition rating of the buildings and their net and gross floor area. *************** COORDINATION WITH OTHER BOARDS, COMMIILEES *************** 148.22 Revere Street 7 4.5 Subdivision,the Whitnevs: Mr.Bowyer reported on a conversation he had with Pat Nelson who is acting as project manager on the sequence for filing a proposed 7 4.5 subdivision at 22 Revere Street. A sketch plan will be filed shortly and it will be, potentially, subject to three sets of regulations - subdivision,zoning and the wetland protection act regulations.These need to be kept separate as much as possible so that the applicant is not misdirected or confused. This development is an unusual case so care must be taken in the review process. 149 Cluster Development,Policy Discussion: The Board discussed a memo, dated August 8, 1997,written by Mr. Bowyer, that suggested ways for the Board to work with applicants who want to use the new Section 9, Residential Developments,provisions of the Zoning By-Law,adopted by the 1996 Town Meeting.The experience of two applications for cluster developments posed some policy/direction questions for the Board. One problem is that the applicant wants to get as many dwelling units as physically possible onto the land to reap the benefits of the density provisions. Mr Davies said that the designer gets heavy pressure from the developer to get the most out of the land.The Planning Board can help the designer in those situations by making it clear that the density bonus must be"earned"by providing public benefits,making the proposal"worthy"of approval. Other issues discussed were how to get the developer to build other than single-family homes,and to offer lower or reasonable pricing, and rental units. '. J 2 Minutes for the Meeting of September 8, 1997 ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* SUBDIVISION OF LAND 150.Old Smith Farm (Wood Street) Sketch Cluster Subdivision, James Gaklis, Decision: The Board reviewed L a draft decision,dated September 8, 1997 After some discussion and revision, on the motion of Mr Galaitsis, seconded by Mr. Merrill,the Board voted unanimously to approve the draft of the decision, as amended. 151 Old Snrine Street 7 4.5 Sketch Subdivision.Ronald Lopez.Decision: The Board reviewed a draft decision, dated September 8, 1997 After some discussion and revision, on the motion of Mr. Davies, seconded by Mr Merrill,the Board voted unanimously to approve the draft of the decision, as amended. ************************** PLANNING DIRECTOR'S REPORT ************************* 152.Recent Activity a. 87 Hancock Street: Mr. Marino reported that Scott Green, a local developer, has purchased a property on Hancock Street and may file a either a cluster or 7 4.5 subdivision plan. b. Town Meetine Acceptance of Subdivision Streets: Mr Bowyer reported that it is time for the Board to recommend new subdivision streets (in subdivisions that have been granted a Certificate of Completion), constructed to Town standards, for acceptance by the Town as public streets. They are not completely accepted until the Town Meeting votes to authorize the Selectmen to file acceptance plans in the Registry When the plan is actually filed in the registry,then a street is officially accepted. Mr Marino listed five streets that are likely to be ready for acceptance by the 1998 Annual Town Meeting, in order of likelihood of being ready Granger Pond Way,Currier Court,Fox Run Lane,Litchfield Road,and Howard Munroe Place.John Hosmer Lane,Butterfield Road and Schoolhouse Lane are already completed and ready for acceptance. **************ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ***** SUBDIVISION OF LAND 153 627 Massachusetts Avenue. Carter Scott.Final Release of Covenant:Mr.Marino reported that the Town Engineer, in a memo dated August 27, 1997,reported that the work on the 627 Massachusetts Avenue subdivision was satisfactorily completed. On the motion of Mr.Merrill, seconded by Mr Davies, the Planning Board voted unanimously to release Robert Carter Scott,the developer and owner, from the provisions of the covenant dated December 16, 1996, and certify that the 627 Massachusetts Avenue(7 4.5,Frontage Reduction) subdivision has been satisfactorily completed. RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 154 16 Hayden Avenue.MartienettiBeeman.report on Board of Anneals decision:Mr. Canale reported that he attended the Board of Appeals meeting at which the request for a Special Permit with Site Plan Review for the construction of a medical office building at 16 Hayden Avenue was considered. The property was rezoned to CD Planned Commercial District at the 1997 Annual Town Meeting. He said that the Board of Appeals expressed appreciation for the Planning Board's letter of recommendations on the petition but not all of the Board's recommendations are included in the Special Permit. Mr. Bowyer suggested that in order to insure that what Town Meeting saw is included in the definitive site development and use plan, the Planning Board act as the Special Permit Granting Authority for future CD rezonings. Minutes for the Meeting of September 8, 1997 3 155.Applications To Be Heard on September 11. 1997•Mr.Davies orally reviewed the following petitions to the Board of Appeals: 17 Meriam Street, St.Nicholas Church,variances to build additions in the front and rear of the church The Board agreed on a concern that the bulk of the building and its massing along the full length of the front and side lot lines is excessive. Since the adjoining property appears to be owned by the church, the addition could have been planned to take advantage of some of the 42-foot side yard toward the rear of the house, sparing some of the open space along Meriam Street in front of the Church. The Board also expressed concern about the increased traffic that will be generated by the addition, exacerbating an already difficult neighborhood parking situation. The Board agreed to make no recommendation on the following petitions also scheduled to be heard on September 11. 65 Munroe Road,Riera and Saltz,variance to construct a two-car garage and cover front entrance 212 Marrett Road.Houghton,variance to increase net floor area of a non-conforming house 30 Middle Street,Martin, special permit to replace a non-conforming shed 5 Aunustus Road, Saveriano,variance to add new front steps to dwelling 55 Hayden Avenue. Spaulding& Slye,determination that the proposed changes in a freestanding sign are a minor revision to a special permit The meeting was adjourned at 10:50 p.m. (7(2( o L.Davies,Clerk PLANNING BOARD MINUTES MEETING OF SEPTEMBER 15, 1997 The meeting of the Lexington Planning Board held in Room G-15,Town Office Building,was called to order at 7.40 p.m. by Chairman Canale with members Colman, Davies, Assistant Planner Marino and Secretary Tap present. Mr Galaitsis and Mr.Merrill arrived during Item 153 ************************************** REPORTS *************************************** 156.Planning Board. Subcommittees MAGIC: Mr. Canale reported on a meeting of the Minute-man Advisory Group on Interlocal Coordination (MAGIC) he attended. Bedford representatives presented some of their problems and issues that include development at Hanscom Field and quite a few other development proposals. ***************************REGIONAL,INTERTOWN ISSUES ************************** 157 Hanscom Area Towns(HATS)-GEIR.RFP• Richard Walsh,Tom Ennis and Sara Arnold of Massport were present for this item. Mr Ennis outlined Massport's review schedule for Massport's Request for Proposal for development at Hanscom Field and draft 61 Finding. Draft 61h Finding: Comments from the towns on the draft 61h Finding are due on September 22, 1997 On September 30, Massport will file the draft with Massachusetts Environmental Protection Agency (The 61h Finding is supplemental information to the GEIR required by MEPA.) Then there is a 30-day public review period. Ten days after that the Secretary of MEPA will issue a certificate based on the draft. Reouest for Proposal for Development Scenarios: Mr. Ennis said that the towns have a draft copy to review and their comments are due on October 3, 1997 There will be a meeting with the HATS Selectmen on October 8, 1997 Massport will issue the RFP on October 15 and wait 60 or 90 days for a response from the development community The RFP will include both aviation and non-aviation aspects. Non-aviation uses will be a combination of office, conference and assisted living space and a golf course for approximately 90 acres of development. Mr Ennis then presented a number of possible development scenarios,and mentioned that the towns suggested payment in lieu of development as a way to retain as much open space as possible. Questions from the Planning Board dealt with the reasons Massport wants to develop Hanscom at this time;what Massport will do to minimize disruption to Minuteman Historical Park, 50 acres of which are at stake;whether this is just Phase I of a plan for development at Hanscom;what has been developer interest in the RFI, and what will Massport do to mitigate traffic problems in the area.Barbara Lucas,Transportation Coordinator,and Donald Graham, chairman of the Transportation Advisory Committee, were also present and questioned Massport's intentions with regard to transportation demand management. Mr.Ennis answered that Massport has a$2 million deficit and Hanscom operates at a deficit.East Boston,which bears the brunt of operations at Logan Airport, wants to see some of the air traffic moved to Hanscom. With regard to surface traffic in the area,the developers don't think there is a problem at all. He thanked Mrs.Lucas for her comments. Julian Bussgang, 4 Forest Street, asked if a new terminal will be built. Mr Ennis answered that the existing terminal could be replaced. Mr Canale expressed concern that there is no real planning process evident. Mr Ennis answered that when an actual development proposal is made,many of these questions will be easier to answer Mr Galaitsis asked if 2 Minutes for the Meeting of September 15, 1997 Massport will honor the Massport Master Plan(1978)and especially the section in which Massport comments it would not develop a commercial use without the towns' expressed interest.Mr.Ennis stated that Massport will try to incorporate town input,but it will be mostly advisory in the last analysis.Mr Canale asked that Massport make a presentation to the towns when the responses to the RFP come in. ********************ARTICLES FOR 1997 SPECIAL TOWN MEETING ******************** 158.CD Rezoning. 55 Hayden Avenue, David Vickery, Spaulding and Slye David Vickery and Paul Messina, Senior Vice Presidents of Spaulding& Slye,were present. They explained that Spaulding& Slye is purchasing the property at 55 Hayden Avenue from W R. Grace.They would like to ask the Selectmen to have a Special Town Meeting in this fall so they can request a CD rezoning. They have a prospective tenant for the building if they can build the addition that was the subject of the rezoning petition defeated at the 1997 Annual Town Meeting in April and are seeking the Planning Board's guidance. The Board responded that timing will be critical along with clarification of issues and questions that arose at the spring Town Meeting when the rezoning of 55 Hayden Avenue was before them. Mr Messina said that the drainage system,traffic at crucial intersections, a transportation demand management plan and contributions to the Town will be well clarified and support of the residents in the area sought. Mr. Merrill urged them to communicate directly with Town Meeting Members. Mr Davies asked that they reconsider the size of the addition as the size dictates the amount of parking, the traffic generated and all the other issues that concern residents. ********************************* POLICY MAKING *********************************** 159 Commercial Zonine Obiects.Review 1987 Objectives: Mr. Marino distributed the Planning Board's report to the 1987 Town Meeting on Article 43, Zoning By-Law, Comprehensive Revisions: Commercial Districts, Permitted Uses. It explains the intent behind the designation of the various commercial districts. The Board agreed to discuss the subject at their next meeting.This is in preparation for a future meeting with the Selectmen on traffic control and commercial development in general. ************************* PLANNING BOARD REGULATIONS ************************** 160.Guidelines for Cluster Subdivisions: The Planning Board reviewed a draft document,prepared by the staff, entitled Guidelines for Cluster Development.After some discussion, in which they suggested some changes, on the motion of Mr. Merrill, seconded by Mr. Davies, the Board voted unanimously to adopt the Guidelines, as amended. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* APPLICATIONS TO THE BOARD OF APPEALS 161 1874 Massachusetts Avenue.Cary Library variance, off-street narking: At Mr. Davies' request,the Board reviewed preliminary plans for a proposed addition to Cary Library He had attended a Design Advisory Committee meeting at which the Library proposal was discussed and wanted to relay their comments to the Planning Board.The DAC wants to see two or three parking spaces replaced with pedestrian access.The Planning Board agreed and will indicate in its letter to the Board of Appeals its support for better pedestrian access. Minutes for the Meeting of September 15, 1997 3 *************************** PLANNING DIRECTOR'S REPORT ************************** 162.Recent Activity Adams Street 7 4.5 Definitive Subdivision Plan.Rollout: Mr.Marino rolled out a definitive plan for the Adams Street 7 4.5 Subdivision development,off Adams Street and Brent Road. The staff has not reviewed the plan in detail yet. The time for action on this plan expires on January 29, 1997 ************************************** REPORTS *************************************** 163 Planning Board. Subcommittees Cable Advisory Committee: Mr. Canale deferred to Caleb Warner for a report on a recent meeting of the Committee with Norman Cohen,Town Counsel, on the issue of communications towers.The Cable Committee wanted to know if the Town could declare a moratorium on the installation of communications towers and would it be an act of the Selectmen or of Town Meeting.It was decided that it would be best to bring it before the 1998 Town Meeting as a zoning change. Mr. Marino agreed to provide the Board with more information, such as sample by-laws, on communication towers. The meeting was adjourned at 10:17 p.m. John L.Davies,Clerk. PLANNING BOARD MINUTES MEETING OF SEPTEMBER 29, 1997 The meeting of the Lexington Planning Board held in Room G-15,Town Office Building,was called to order at 7.42 p.m. by Chairman Canale with members Colman, Galaitsis, Assistant Planner Marino and Secretary Tap present. Mr Davies and Mr Merrill were absent *************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************** DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 164 Kimball Road. Definitive Street Construction Plan.Mark Barons, presentation by the applicant: Present for this item were Mark Barons,New England Construction,applicant;Ronald Tubman, surveyor; and Edmund Grant, attorney Five abutters of the project were in the audience.Mr Grant explained that the definitive street construction plan being presented tonight incorporates all the modifications requested by the Planning Board and Town Engineer at the preliminary plan stage.The Board made its decision on the preliminary street construction plan in July of 1997 Questions from the Board had to do with drainage, the center line of the new pavement, and proposed landscaping.Abutters also asked about the landscaping.Robert Walker, 16 Kimball Road,said he does not want any new landscaping planted in front of his property Mr.Tubman assured him none were planned.Robert Enders asked about the shape of the berm and was satisfied with the response. Mr. Canale observed that the new pavement and berms would apparently improve the storm water drainage situation. On the motion of Mr. Colman, seconded by Mr.Galaitsis,the Planning Board: 1. determined that Kimball Road, an unaccepted street, insofar as it provides frontage for lot#180B as shown on a plan entitled "Definitive Submission Plan" prepared for New England Construction Corp., by T A. Flynn and Associates, dated March 1997 and revised June 30, 1997, is not presently of adequate grade and construction,but will be of adequate grade and construction if the improvements shown on the "Definitive Submission Plan" and the plan entitled "Definitive Plan of landscape Improvements to Kimball Road" prepared for New England Construction Corp., by Prato Associates, dated March 24, 1997 and revised July 14, 1997, are made; 2. approved the plans entitled"Definitive Submission Plan"dated March 1997 and revised June 30, 1997 by T A.Flynn and Associates,for New England Construction Corp.,and the plan entitled "Definitive Plan of landscape Improvements to Kimball Road"prepared for New England Construction Corp.,by Prato Associates,dated March 24, 1997 and revised July 14, 1997, as the definitive street construction plan; and 3. approved the wording of the draft decision dated September 15, 1997,as amended. ******************** ARTICLES FOR 1997 SPECIAL or 1998 TOWN MEETING ****************** 165.CD Rezoning at 55 Hayden Avenue. Spaulding & Sive. Paul Messina: Present for this item was Paul Messina, Senior Vice President and Principal of Spaulding& Slye. He reported that he is meeting on October 1 with Town Manager Richard White, and Selectmen Chairman Leo McSweeney He said that he is at the Planning Board meeting tonight to share with them Spaulding and Slye's current thoughts on their proposal to rezone of 55 Hayden Avenue.They are going to request a special town meeting be held to consider this plan.He and David Vickery, also a Senior Vice President of Spaulding & Slye, met with the South Lexington Civic Association last week to discuss their plan. Their current proposal is for an approximately 65,000 sq. ft. addition to the existing office building, instead of the 80,000 sq. ft. addition they proposed at the 1997 Annual Town Meeting in the spring. There will be a corresponding reduction in the amount of additional parking provided.They plan to add 195 parking spaces and 2 Minutes for the Meeting of September 29, 1997 reserve an area for 13 spaces for the future. The building will have three stories of office space instead of four. The ground floor will house parking instead of office space so the addition will look almost identical to the first plan from the street and will have the same"footprint." In answer to Mr. Colman's question as to the reaction of the SLCA, Mr Messina said that it was more favorable than to the original plan submitted for the March 1997 Town Meeting. He said that the new drainage system will include an infiltrator to handle runoff from the roof. It may also be possible for a new drainage system with best management practices to handle runoff from the parking area so the water will go to the wetland area directly They are scheduled for a hearing with the Conservation Commission on October 28. They plan to meet with the Transportation Advisory Committee Mr. Marino advised them to meet with Donald Graham, Chairman of the Transportation Advisory Committee and Planning Director Bowyer about their Transportation Demand Management Plan. Mr Colman reminded Mr Messina that Town boards, committees, and Town Meeting members etc., were not favorably impressed with W R. Grace's attitude toward transportation issues in the spring. Mr. Canale thanked Mr Messina for the update on Spaulding and Slye's plans and offered the Planning Board's help. SUBDIVISION OF LAND 166. Granger Pond Subdivision, The Windermere Grout). Completion of Project: vote to retain surety release covenant and recommend street accentance: Mr Marino reported that on September 12, 1997, John Austin, the developer of the Granger Pond subdivision requested in writing that the Planning Board release all of the remaining surety for the Granger Pond subdivision. As required by Section 3.7.6 of the Development Regulations the developer has completed all of the required construction work and tasks associated with the implementation of the subdivision. As required by Section 3.7.6.2.2,Certificates of Completion by the Civil Engineer,the Land Surveyor, and the Landscape Architect are on file,and certify that the subdivision was completed and complies with the approved subdivision plan. The Town Engineer certified the work on the Granger Pond subdivision has been completed in accordance with the Town's standards on September 18, 1997,and that he fords the request to release surety acceptable.Pcr section 3 7.6.1.2, the Superintendent of Parks and Trees, Brian Gilbert, has verified that the required street trees have survived their initial winter season and are in acceptable condition, but he would like to see the trees go through the coming winter before the Town accepts the street. The Planning Board reviewed a draft motion and after a brief discussion, on the motion of Mr. Galaitsis seconded by Mr. Colman,the Board voted unanimously to: 1) release all the remaining surety held in passbook#001207160 from The Lexington Savings Bank, in the amount of $16,500 plus interest, which was being held for the completion of the community facilities at the Granger Pond subdivision, and return it to Patricia A. Austin and John Austin of the Windermere Group, and 2) release the developer, from the provisions of the covenant dated March 28, 1995, and 3) recommend that Granger Pond Way in the Granger Pond subdivision be accepted as a town street by a future Annual Town Meeting. Minutes for the Meeting of September 29, 1997 3 167 Munroe Village Subdivision.Todd Cataldo, Reduce Surety. Mr.Marino reported that the developer of the Munroe Village subdivision, Sheldon Corporation (Todd Cataldo), has requested in a letter that the Planning Board reduce the level of surety being held by the Town, currently at$48,000,to ensure that all required work on the subdivision is completed. As of now, the total remaining "Cost to Construct" for the work at this subdivision, as approved by the Engineering Department, is$12,000. After a brief discussion, on the motion of Mr Galaitsis,seconded by Mr. Colman,the Board voted unanimously 1) That the amount of surety for the Munroe Village Subdivision be reduced to $20,000. This amount includes: the total remaining "Cost to Construct," a contingency, an allowance for escalation of construction costs and an allowance for the Town's administrative costs, and is the amount necessary to hold until the completion of the community facilities and the subdivision. This level of surety is determined to be sufficient through September 29, 1998 only 2) If the subdivision is not completed by September 29, 1998,or if little or none of the work that remained at the time this surety was posted is completed by that time,and the current costs of the amount of work to be completed have increased,the amount of surety will be increased to reflect the costs of completing the work and the developer will be required to furnish additional surety to the Planning Board. ****************ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS **************** 168.Guidelines for Cluster Development: Interpretation of Zoning By-Law Section 9.2.5 Mr. Marino gave the Board some background on the development of what goes into the mix when you calculate impervious surface ratio in a cluster subdivision. When it was written,the area inside the right of way,the paved street,was left so { that it was to be included in the calculation for total impervious surface.But, recent events have demonstrated that as developers try to use the cluster approach, this is becoming what amounts to a disincentive to use the cluster scheme. It is also contrary to what is done for a conventional subdivision. He proposed that the paved street be excluded from the impervious surface ratio calculation in the cluster regulations. Ronald Wood, landscape architect of Guidelines, Inc.,joined the meeting at this time. He explained his recent difficulties with designing to the Zoning By-Law's new cluster regulations. It is not just the constraints of the site on 160/170 Wood Street.He is also working on a cluster scheme for a"simpler"piece of land on Concord Avenue and having the same problems. Others face them too. He contended that the design standards for roads for cul de sacs,when used in a cluster scenario are like fitting tractor tires on a Porsche. Mr. Colman expressed his gratitude for Mr. Wood's comments. Mr.Wood said that he would have appreciated a chance to bring a rougher plan to the Board and have a working session before making precise calculations. Site analysis would have to be done first, of course. Is it possible to have a"continued"sketch plan presentation.Mr.Canale observed that the Planning Board does not want to design subdivisions for developers.But he would not mind looking at rough drawings of different approaches to a design problem first. The Board agreed it would like to discuss street construction standards at a future meeting when the full Board and staff are present. ************************** PLANNING DIRECTOR'S REPORT ************************* 169 Recent Activity Mr.Marino reported on a number of possible developments and other subjects,as follows: a. Bennington Road,Ray Ciccolo: Mr. Ciccolo is considering extending the right of way into his property at 11 Bennington Road as part of a cluster subdivision. b. Garfield Street Extension Subdivision: The staff has received a request from the developers of the Garfield 4 Minutes for the Meeting of September 29, 1997 Street Extension subdivision,Ronald and Nancy Gold,to change the engineer and land surveyor for the project. Staff wants to ask for designer certificates from the original professionals certifying that work done to this stage is according to plan.Work done after that will be the responsibility of the new professionals. The Board endorsed this approach. c. 191 Spring Street, Boston Properties: Early work is underway on a plan for a building on a vacant commercial lot created in a 1987 subdivision. d. B Street Bagels. 166 Bedford Street, changes to oneration: The new manager of B Street Bagels wants to expand her menu to include breakfast items. Serving meals is not currently allowed in the CN,Neighborhood Business district so she is considering proposing a Zoning By-Law amendment or a rezoning of the property Mr. Marino referred her to the Zoning Officer,Mary Ann McCall-Taylor e. Nancy Seasholes:Nancy Seasholes, 1 Field Road, is updating a listing of significant properties and houses in Lexington. She and Anne Grady, 10 Trotting Horse Drive,compiled the listing,entitled Contemporary Cultural Resources, in the 1970s. She has asked the staff for data on such properties as well as proposals that would affect them and/or require removing significant barns or other structures. *********************** ARTICLES FOR 1998 TOWN MEETING ************************ 170.Proposed Amendment to the Zoning By-Law• a proposal from the Lighting Options Committee: Mr. Canale reported that he has been asked by Daniel Green of the Lexington Lighting Options Committee to consider adding to the Zoning By-Law a section dealing with outdoor lighting. Mr. Green provided the Planning Board with proposed text for the by-law which is based on established ordinances implemented by Kennebunkport,ME and Tucson, AZ. As well, to begin to thinking about the Annual Town Meeting. Mr Green tailored this text specifically for Lexington's environment and needs. Mr. Canale wanted the Board to take a look at it in preparation for a meeting at which Mr Green would present his ideas. In answer to Mr.Canale's question,Mr Marino said that the Zoning By-Law does not currently address the issue of outdoor lighting and that now is a good time to begin talking about it.He suggested that such a by-law could as easily be a part of the Town's General By-Laws. Mr. Colman said he would like to see a precise problem statement.Mr. Canale discussed inviting Mr. Green to a meeting in October. ************************** REGIONAL,INTERTOWN ISSUES ************************* 171.HANSCOM AREA TOWNS STUDY (HATS) - GEIR, RFP Massnort RFP and 61H Finding:follow-up to Massnort's presentation on September 15: Mr Canale reported that the HATS Selectmen sent a letter to Massport informing them that they are not going to respond to Massport's draft RFP because Massport has not been receptive to the Towns' input.There will be a meeting of Massport and HATS Committee members to discuss Massport's response to the Towns' positions.Mr.Canale also reported that Concord and Bedford sent responses to the draft Section 61 finding. But the HATS towns did not make a concerted effort to respond to it.He would like the members of the Town Review Committees to study and make recommendations on the Section 61 finding. These comments will be due on November 8.The people who were part of the NOISE Town Review Committee will probably be asked to reform and to review and advise. 172.Davlor Four Town Master Plan Study. Mr Canale said that at the HATS meeting,the Selectmen urged the Planning Board members to figure out what to do next. The Daylor report is a study,not a plan.Mr. Canale will meet on October 9 with members from the other three towns,and some staff members,to study this.The task will be to look at the Daylor Report as the basis of a Master Plan.A joint meeting of the Planning Boards may be a next step. Mr. Colman suggested getting the Director of the Cape Cod Commission to one of these meetings because the Commission has a very well developed process. Minutes for the Meeting of September 29, 1997 5 RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 172.Annlications To Be Heard on October 16. 1997- Mr. Canale gave an oral review of the following applications: 1874 Mass.Avenue.Cary Library,variances for expansion and renovation The Planning Board agreed on its support of the application and the library expansion project.They will express their support of the Design Advisory Committee's comments regarding the elimination of some parking spaces to improve pedestrian access to the building also. They will also recommend to the Board of Appeals that it urge the designers to minimize the number of staff parking spaces in order to maximize the number of parking spaces for library patrons. 31 Wyman Road, Cohen, special permit to use portion of residence as an office The Board agreed to recommend that first time special permit conditions should be applied. 95 Hayden Avenue, The Beal Companies, determination that the installation of an exterior generator is a minor revision The Board believes that this is not a minor revision and should be the subject of a public hearing. The Board agreed that the projection should be fully screened so that it is not visible from Hayden Avenue. It is especially concerned about the visual intrusion of the muffler on top of the structure and will recommend that the landscaping installed should be more than three feet in height so that it screens the entire structure, including the muffler. The Board agreed to make no comment on the applications below also scheduled for October 16, 1997 739 Mass.Avenue, Waldorf School, special permit for temporary sign 9 Ellison Road, Wade,variance for 11/2-story addition to dwelling 45 Lincoln Street,Arnold&Dulac,variance to finish attic space and add dormers 55 Ledgelawn Avenue. Cusanello&Manickas,variance for two-story addition and new landing ************************************ REPORTS ************************************* 174 Planning Board. Subcommittees HATS: Mr. Canale reported that Greg Cravedi,the planner for Air Force at Hanscom Field, said the Air Force is starting a general plan for Hanscom Air Base and will ask for time at an upcoming Planning Board meeting to discuss it with the Board.Mr. Canale asked him about tenants at Lincoln Labs. Mr Cravedi told him that Lincoln Labs was not very forthcoming with information about their floor area,plans for,Oeir facilities,etc.,and considers itself independent from the Air Force and its planning process.Mr.Canale o)sefved that it would be good to have such information for planning studies. . / The meeting was adjourned at 10:45 p.m. �/ / I John L. Davies, C Clerk PLANNING BOARD MINUTES MEETING OF OCTOBER 20, 1997 The meeting of the Lexington Planning Board held in Room G-15,Town Office Building,was called to order at 7.10 p.m.by Chairman Canale with members Colman,Davies,Galaitsis,Planning Director Bowyer,and Assistant Planner Marino present.Mr Merrill was absent. ************** ARTICLE FOR THE NOVEMBER 19,1997 SPECIAL TOWN MEETING ************* 175 55 Hayden Avenue. Spauldine& Sive, CD Rezonine:Discussion: The Planning Board discussed the latest Preliminary Site Development and Use Plan filed by Spaulding and Slye for its property at 55 Hayden Avenue. Among the subjects considered were the transportation demand management plan, reserve parking spaces, drainage from the existing parking areas, future subdivision of the property, and the type of lighting fixtures on the exterior of the building. Relative to intersection improvements, Mr. Bowyer said that both the Town Meeting and the Selectmen have committed to having a traffic control officer at the intersection of Hayden Avenue with Waltham Street. Speaking to the issue of repetitive petition,Mr Davies observed that, in his view,the replacement of one floor of office space by under-building parking and other changes in the site plan,renders the plan materially different _ from the proposal voted down by the Annual Town Meeting. The Planning Board agreed that it will be willing to act as the special permit granting authority for this proposal. They believe that the process will move along faster if a board familiar with the proposal handles the special permit. Time is of the essence in the approval process because of the requirements of their potential tenant,.Mr. Bowyer explained that State law allows towns to name any of three boards to act as SPGAs. In this case,the Planning Board would be able to track the various issues they believe are important through to the end. The Planning Board agreed that it would be willing to act as the SPGA for this proposal. *************************** PLANNING DIRECTOR'S REPORT ************************** 176.Recent Activity Katandin Woods Reauest:Mr.Bowyer reported that the Board of Appeals has received a request from Katandin Woods apartments for permission to construct some garages on the site on Wood Street at Hartwell Avenue.He said that a procedure for revisions to a comprehensive permits after construction is not defined, and the State, when asked, advised the Board of Appeals to just apply good judgement. It was agreed to treat it as a revision to a special permit. Staff believe it is not a minor revision and a public hearing is needed. Possible development at 16 Adams Street: The staff recently received a letter from Wade Tambor, 11 Adams Street, alerting the Board to a possible development project at 43 Adams Street. His concern is for the unique farmhouse at that address and he would appreciate the Board's review of the situation. *************************** REGIONAL,INTERTOWN ISSUES ************************** 177 Hanscom Area Towns Study(HATS)-Four Town Master Plan Study.Mr. Canale reported that on October 23,a report from the meeting of the HATS Planning Board representatives and planning staffs will be made.The subject will be next steps to implement the Four Town Master Plan Study ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* SUBDIVISION OF LAND 178.Currier Court.John Sarkis.Completion of nroiect:Mr.Marino reported that the Town Engineer has indicated in a memorandum,dated October 17, 1997,that the "as-built" plans of the Currier Court subdivision have been 2 Minutes for the Meeting of October 20, 1997 approved, that all required community facilities in the subdivision have been satisfactorily completed in accordance with the Town's standards,and that the request to release surety for the Currier Court subdivision is acceptable. After a brief discussion, on the motion of Mr. Colman, seconded by Mr Davies, the Board voted unanimously I) to release all the remaining surety held in passbook #1270-25302 from The Bank of Boston, in the amount of$21,625 plus interest,which was being held for the completion of the community facilities at the Currier Court subdivision,and return it to John Sarkis of JRC Associates for Charles M. Talanian and Gail B. O'Reilly, and 2) to release the developer, from the provisions of the covenant dated July 13, 1994; and 3) to recommend that Currier Court in Nishan's Way subdivision be accepted as a town street by a future Town Meeting. At 7:59 p.m.,the meeting was recessed so the members could attend a Special Town Meeting. It will be resumed on Wednesday, October 22,at 7:00 p.m. l . PLANNING BOARD MINUTES MEETING OF OCTOBER 22, 1997 - - -The meeting-of-the Lexington Planning Board begun on October 20, 1997-was reconvened in-Room-G-15,Town Office Building,at 7.11 p.m. by-Chairman Canale with members Colman,Davies,Galaitsis,Planning Director Bowyer, and Assistant Planner Marino present. Mr. Merrill was absent. ***************************ARTICLES FOR 1997 TOWN MEETING *************************** 179 CD Rezonine. 55 Hayden Avenue. Spaulding& Sive: The Board continued its discussion of Spaulding& Slye's proposal to rezone its land at 55 Hayden Avenue. Mr. Bowyer said that according to new studies by the traffic engineers,Abend Associates,the new proposal generates 19 fewer trips in the morning, 17 fewer trips in the afternoon, and 135 fewer trips all day Mr.Bowyer reported that at his meeting with David Vickery,Thomas McGarrigle and Trudy Ernst, attorney for Spaulding & Slye, more details of the Transportation Demand Management plan, including an increased membership level in the 128 Business Council and an annual donation toward the operation of Lexpress, were spelled out. Mr. Bowyer explained a number of other proposed refinements to the rezoning proposal. ***************************** REGIONAL,INTERTOWN ISSUES ***************************** 180.HATS: Four Town Master Plan Study. Julian Bussgang,2 Forest Street,was present and reported that,based on his reading of Chapter 11 of the Acts of 1997, Massport clearly has to submit a master plan to the Board of Selectmen of the HATS towns before going forward with development at Hanscom Air Field.He also spoke with State Senator Susan Fargo,who wrote the legislation, and found that was the intent of the legislation.The Board discussed the pros and cons of possible positions for them to take in this matter Mr. Canale commented that based on what the Board said, he should support this position when it comes up at the Thursday evening HATS meeting. *************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ***************** RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 181 Applications To Be Heard on October 31. 1997 Mr Canale gave an oral review of the following applications: 38 Outlook Drive. Schiffman/Joseph,variance to add a mudroom The Planning Board agreed that 2.5 feet is insufficient for a side yard.It will recommend that the Board of Appeals urge the applicant to explore another solution for adding a mudroom to the dwelling. 24 Balfour Street.Peseroff,variance for garden shed The Planning board agreed that there are alternatives to this design that would not require encroachment into the side yard. The Board had no comment on the following applications, also scheduled to be heard on October 31 17 Locke Lane. Crane, special permit to use part of residence as an office 6 Tufts Road. Radzihovsky, special permit to allow gravel/loam to remain as placed 544 Lowell Street Cavallaro/Plant Action, Inc., renewal of special permit to operate a commercial greenhouse 17 Fletcher Avenue.Rice,variance for two-story addition and porch to residence 2 Minutes for the Meeting of October 22, 1997 ***************************ARTICLES FOR 1997 TOWN MEETING *************************** 182.Telecommunications Towers: Mr Canale reported that Concord is having a Special Town Meeting this month and one of the articles has to do with a telecommunications tower moratorium. It was agreed that if this Board wants to sponsor a like article for Town Meeting a lot of research would need to be done. Mr Bowyer argued against a moratorium, saying they often cause more problems than th solve. The meeting was adjourned at 8:07 p.m. i Gtira- r/ 'John L. Davies, Clerk f L- PLANNING BOARD MINUTES MEETING OF OCTOBER 27, 1997 The meeting of the Lexington Planning Board held in Room G-15,Town Office Building,was called to order at 7:35 p.m.byChairman-Canale-with-members-Colman,-Davies,Galaitsis,-Planning Director Bowyer,and Assistant Planner Marino present. Mr. Merrill arrived during Item 184 Mr. Colman left the meeting after item 188. ************************************* MINUTES *************************************** 183 Review of Minutes: The Board reviewed the minutes for the meetings of April 1,2, 7,and 9, 1997 On the motion of Mr.Davies,seconded by Mr.Galaitsis,it was voted unanimously,4-0,to approve the minutes,as written. The Board reviewed and corrected the minutes for the meetings of April 12, 14, 16 and 28, 1997 On the motion of Mr Colman, seconded by Mr Davies, it was voted unanimously, 4-0,to approve the minutes, as amended. ***************ARTICLES FOR NOVEMBER 19, 1997 SPECIAL TOWN MEETING **************** 184 CD Rezoning. 55 Hayden Avenue, Spaulding & Slve: The Board continued its analysis of Spaulding and Slye's preliminary site development and use plan for the CD rezoning of 55 Hayden Avenue in preparation for writing their report to Town Meeting. The Board agreed that traffic management by police officers must occur and that this should include measures to redesign and reconstruct the intersections as needed to assure the safety and effectiveness of the officers.The Board wants to restate the position that it took at the Annual Town Meeting.That position,as stated in the minutes of the April 12, 1997 meeting, is: The Board is not advocating that police officers be placed in the street under unsafe conditions and that traffic management includes measures to redesign the intersections,as needed,so that police officers can control traffic safely and effectively Relative to the drainage system for the site,the Board agreed it would like to see the entire site brought up to best management practices. Spaulding and Slye is unclear that it can meet that standard and is offering to bring the existing catch basins up to "best management practices", rather than being obligated to reconstruct the entire existing parking lot. Relative to the Planning Board's Transportation Demand Management Policy, Spaulding and Slye have committed to an annual donation to the 128 Business Council Shuttle. The Board decided to suggest a revision to its Policy and to the applicant's Transportation Demand Management Plan to address the possibility that the 128 Business Council might change its focus or go out of business, so that the money donated would go to an alternate Transportation Management Association serving the area and approved by the SPGA.The Planning Board agreed with Spaulding and Slye's suggestion that the Planning Board should be the Special Permit Granting Authority for this project. Relative to language in the PSDUP having to do with subdividing the property, the Board believes that it is confusing and raises a red flag at Town Meeting.It would prefer that it be eliminated.Mr Bowyer explained that Spaulding& Slye needs the language for financing purposes.Each building is financed independently because the lending rate varies according to its use. The Board agreed that Mr. Vickery will have to explain it clearly to the Town Meeting. Relative to exterior lighting on the office building,the Board will require cut-off fixtures that eliminate light spill. ********************ARTICLES FOR the 1998 ANNUAL TOWN MEETING ********************* 185 Wireless Communications Antennas: Caleb Warner, representing the Cable Television and Telecommunications Advisory Committee,asked if the Board intended to declare a moratorium on the installation of communications towers in Lexington.Mr Canale answered in the negative,but said the Board intends to bring 5 2 Minutes for the Meeting of October 27, 1997 to the 1998 Annual Town Meeting a zoning amendment dealing with the siting of cell towers. He noted that a moratorium usually causes more problems than it solves and it is better to proceed directly to preparing the amendment. *****************************PLANNING DIRECTOR'S REPORT **************************** 186. Recent Activity a. Oakmount Circle,Definitive Street Construction Plan,Richard Curtin,Rollout:Mr.Marino rolled out a plan for the improvement of a portion of Oakmount Circle that was submitted by Richard Curtin on October 24, 1997 The staff has not reviewed the plan in detail yet. The time for action on this plan expires on December 8, 1997 ***************************** REGIONAL,INTERTOWN ISSUES **************************** 187 Hanscom Area Towns Study(HATS)-Four Town Master Plan Study a. Mr.Canale reported that at the HATS meeting of October 23 it was announced that Massport filed a Request for Proposal for development at Hanscom Air Base. Massport has suggested that the towns develop a process for taking a stance on development proposed at Hanscom. b. Four Town Master Plan Study,Daylor Group: implementation,next steps: The HATS selectmen asked the Planning Board representatives to address implementation of the Daylor Group's Four Town Master Plan Study c. Hanscom General Plan, Gregory Cravedi: Mr. Marino reported that Greg Cravedi, the Air Force's Base Community Planner, is administering a contract for preparing a General Plan for Hanscom Air Base and would like to meet with members of the Planning Board and Staff. j I *************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS **************** E t SUBDIVISION OF LAND 188. Busa Farms.Completion of Project.Vote to Release Covenant: Mr.Marino reported that the developer of the Busa Farms subdivision is seeking a final release from the covenant. He explained that it would appear from the files that the Planning Board never issued a Final Release from the Covenant to the Developer of Busa Farms. The Town Engineer originally certified the work was satisfactorily completed on August 9, 1990,and verified that in a memo dated October 21, 1997 On the motion of Mr Colman, seconded by Mr. Davies, the Board voted unanimously that: WHEREAS,the subdivision was executed in accordance with the terms and conditions of the Certificate of Action and Special Permit granted by the Planning Board on July 27, 1987, and the street was accepted as a public way by the 1991 Annual Town Meeting, The Planning Board votes to release Alfred S.Busa and Daniel P Busa,the developers,from the provisions of the covenant dated October 10, 1987,and certify that the Busa Farms subdivision has been satisfactorily completed. ***************************** REGIONAL,INTERTOWN ISSUES **************************** 189 Minuteman Advisory Group on Interlocal Coordination(MAGIC): It was agreed that Mr.Canale and Mr. Marino should represent the Town on the Minuteman Advisory Group on Interlocal Coordination—the MAPC subregional planning organization that Lexington recently joined. The Selectmen have to appoint the Lexington MAGIC representatives.Mr Marino reported that he asked Town Manager Rid White to set aside money in the 1999 budget to pay Lexington's dues to the group. The dues are volunt The meeting was adjourned at 10:20 p.m. I L7( Gty�+4 /John L.Davies, Clerk PLANNING BOARD MINUTES MEETING OF NOVEMBER 3, 1997 The meeting of the Lexington Planning Board held in Room G-15,Town Office Building,was called to order at 7:35 p.m.by Chairman Canale with members Colman,Davies, Galaitsis,Planning Director Bowyer,Assistant Planner Marino and Secretary Tap present. Mr. Merrill arrived during item 190. ***************************PLANNING DIRECTOR'S REPORT *************************** 190.Recent Activity a: Waltham Street/Hayden Avenue Intersection: Mr. Bowyer explained that a letter from the Boston Survey Company that the Board received in their packet for this meeting was accompanied by a preliminary plan for making the Waltham Street/Hayden Avenue intersection safe for a traffic control officer.BSC estimates the price tag for this to be$15,000. The Board recessed at 8:00 p.m.to reconvene in Estabrook Hall for a Public Hearing on Spaulding and Slye's rezoning petition for 55 Hayden Avenue. *************** ARTICLE FOR NOVEMBER 19, 1997 SPECIAL TOWN MEETING **************** 191.CD Rezonine, 55 Hayden Avenue, Snaulding& Slve: PUBLIC HEARING: Mr.Canale opened the hearing at 8:05 in Estabrook Hearing Room, Cary Hall. There were 25 people in the audience. Present were David Vickery, Senior Vice President,Thomas McGarrigle and Paul Messina,all of Spaulding and Slye. Mr. Vickery explained that Spaulding and Slye purchased the property from W R. Grace.He outlined the differences between the plan before the audience tonight and the one defeated by the 1997 Annual Town Meeting in April. Since that time,they have talked to many Town Meeting members and Town boards and committees about the project and have tried to address their concerns and objections. The biggest change is from four floors of office space to three,with the first level now to serve as parking. This will reduce the traffic impact and the amount of area paved for parking spaces. Relative to the Planning Board's Transportation Demand Management Policy,Spaulding and Slye will increase their membership level in the 128 Business Council's shuttle bus program;they will donate$4,000 to Lexpress each year,and will help support the use of a traffic officer at the intersection of Waltham Street and Hayden Avenue. As well,they will give$15,000 toward the redesign of that intersection so that there is a safe place from which the officer can direct traffic. With regard to drainage, another major concern of the surrounding neighborhoods, Mr. Vickery said that they have applied to the Conservation Commission for an Order of Conditions and will adhere to those conditions. Boston Survey Company has inspected all the catch basins on the site.Discovered to be in poor repair,they will be cleaned out,upgraded, and water quality inlets installed. The engineers' studies indicate that there will be no increase in runoff from the site and there will be no impact on Hardy's Pond Brook. The facilities to treat all runoff from the site will be improved. Mr Canale asked for questions from members of the Planning Board. Mr Colman asked about applying best management practices to the drainage systems for the whole site. Mr Vickery answered that it would entail tearing up and rebuilding the existing parking area.In response to Mr.Colman's question about subdividing the property,Mr. Vickery said that it would only be done for financing reasons,the banks having different lending rates for land according to its use. In answer to Mr Galaitsis, Mr. Vickery stated that the catch basins will be inspected and maintenance done annually Mr Canale asked about the availability of showers for bicycle users from all the tenants.Mr. Vickery assured him there will be a sufficient number. 2 Minutes for the Meeting of November 3, 1997 There being no further questions from the Board, Mr Canale asked for questions from Town boards and committees. Donald Graham,Chairman of the Transportation Advisory Committee,said that Mr.Vickery consulted with the Transportation Advisory Committee and addressed all of their concerns.The particulars offered in Mr.Vickery's presentation reflect the Committee's input.He said, in addition,there will be a transportation information center on site at 55 Hayden Avenue,where employees can discover alternative(to single occupant vehicles)commuting options available to them. Marita Hartshorn,Chairman of the Bicycle Advisory Committee,praised Spaulding& Slye for providing ample showering facilities, and asked if secure, covered bicycle storage could also be made available to bicycle commuters.Mr.Vickery answered in the affirmative. Jeanne Krieger, of the South Lexington Civic Association, stated that this group, representing 300 South Lexington residents,has met with the Spaulding and Slye's team,which responded to each of their concerns.As a result, the SLCA supports the rezoning petition. Marilyn Mairson, 29 Lawrence Lane, read a letter from Jacqueline Davison,who was out of town,supporting the rezoning. Eric Mollo-Christensen, 10 Barberry Road, speaking for residents who live near the Swommonland, made an appeal for the drainage system for the entire site to be retrofitted according to best management practices. In response to a question from Marjorie Madoff, 27 Normandy Road, about the projected number of employees on the site,Mr Vickery said he would have a figure available by November 19,the night of the Special Town Meeting. There were a number of other questions from the audience to which Mr. Vickery responded to the audience's satisfaction. There being no further questions,Mr. Canale declared the hearing closed at 8:55 p.m. The Board recessed the meeting in Estabrook Hall and reconvened in Room G-15,Town Office Building at 9:00 p.m. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* RECOMMENDATIONS ON APPLICATIONS T()THE BOARD OF APPEALS 192.Annlications To Be Heard on November 13, 1997 Mr. Galaitsis gave an oral review of the following applications: 17 Hartwell Avenue, Boston Properties, special permit to install a free-standing sign The Planning Board agreed to recommend that the proposed sign should be designed so that it be directional in nature and not serve as advertising for the applicant. 703 Massachusetts Avenue,Waldorf School,variances to restore historic porch on front and add classrooms in the rear of building. The Planning Board agreed that the applicant did not address the hardship criteria for a needing a variance,i.e.,that they would suffer substantial hardship,financial or otherwise,owing to circumstances relating to the soil conditions, shape or topography of the land or structures if a variance from the provisions of the Zoning By-Law is not granted. The Board agreed to make no comment on the applications below also scheduled to be heard by the Board of Appeals on November 13. 319 Marrett Road, Glenn Eric's Deli,renewal of special permit to operate fast takeout food service Minutes for the Meeting of November 3, 1997 3 343 Marrett Road, Klostermann, renewal of special permit to use portion of residence as an office **************************** REGIONAL,INTERTOWN ISSUES **************************** 193 Hanscom Area Towns Study Committee: Mr. Canale asked for the Board's permission to write a letter to Secretary Trudy Coxe, of the Executive of Office of Environmental Affairs, expressing the Planning Board's comments on the draft Section 61 filing made by Massport, dated September 30, 1997 On the motion of Mr. Galaitsis, seconded by Mr Merrill,the Board voted unanimously to allow Mr. Canale to write the letter in the Board's behalf. ******************** PLANNING BOARD ORGANIZATION, SCHEDULE ********************* 194 Planning Board Pre-Town Meeting Work Load: The Board discussed a number of potential zoning amendments to bring to the 1998 Annual Town Meeting and assigned responsibilities for leading the development of the amendments. They agreed that by November 17 they would decide whether to go forward on each amendment and to define a time schedule for action. The meeting was recessed at 10:30 to be resumed at 7.30 p.m.November 4, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was reconvened on November 4, 1997, at 7:35 p.m., by Chairman Canale with members Colman, Davies, Galaitsis, Merrill and Planning Director Bowyer,Assistant Planner Marino present. ************** ARTICLES FOR NOVEMBER 19, 1997 SPECIAL TOWN MEETING *************** 195 CD Rezoning, 55 Hayden Avenue, Spaulding& Slye: The Board discussed whether it thought this petition should be considered to be a repetitive petition under Section 3 of Chapter 40A,The Zoning Act.It did not believe that it was.Mr.Colman moved that the Planning Board fmds that Spaulding and Slye's proposal to rezone its land at 55 Hayden Avenue,and to build an addition to the existing office building on the site, is materially different from the Plan presented as Article 27 to, and disapproved by, the 1997 Annual Town Meeting in the spring. Mr.Davies seconded the motion.By a unanimous vote of 5-0,the Board approved the motion. The Board adopted a series of motions relative to the CD rezoning petition. On the motion of Mr. Galaitsis, seconded by Mr Merrill,the Board voted unanimously that: Based on proposed changes to the Preliminary Site Development and Use Plan dated October 24, 1997, as outlined in a memo prepared by MR. BOWYER comparing the October 23 draft and the November 3, 1997 PSDUP, and representations made by Spaulding and Slye that it will revise the Preliminary Site Development and Use Plan as outlined,the Planning Board supports the revised PSDUP On the motion of Mr Merrill, seconded by Mr. Davies,the Board voted unanimously that: a. the proposed use of the land,without consideration of the proposed density or other design features, is acceptable to the Planning Board; b. the proposed density and other design features are acceptable to the Planning Board; c. the proposed conditions on the development, mitigating measures,benefits to the neighborhood and the town, are acceptable to the Planning Board; and On the basis of the above considerations,the Planning Board recommends that the petition to change the zoning district at 55 Hayden Avenue from the CRO, Regional Office,to CD,Planned Commercial District in 4 Minutes for the Meeting of November 3, 1997 accordance with a revised PSDUP, dated November 5, 1997, filed by Spaulding and Slye,be approved. On the motion of Mr.Merrill, seconded by Mr.Colman,the Board voted unanimously that: That the Planning Board approves the wording of the draft Recommendation and Zoning and Site Development Analysis dated November 4, 1997, as revised, on the petition to change the zoning district at 55 Hayden Avenue from the CRO,Regional Office,to CD,Planned Commercial District in accordance with a revised PSDUP,dated November 7, 1997 Mr Merrill agreed to act as the spokesperson for this article. Mr Canale adjourned the meeting at 8:49 p.m. / / LOHI -r' John L. Davies,Clerk t PLANNING BOARD MINUTES MEETING OF NOVEMBER 17, 1997 The meeting of the Lexington Planning Board held in Room G-I5,Town Office Building,was called to order at 7:37 p.m.by Chairman Canale with members Colman,Davies, Galaitsis,Merrill,Planning Director Bowyer,and l Assistant Planner Marino present. *************************** PLANNING DIRECTOR'S REPORT ************************** 196 Recent Activity a. Old Shrine Street. Definitive 7 4.5. Subdivision Plan. Rollout: Mr Marino rolled out a definitive 7 4.5 subdivision plan for the Old Spring Street development,off Spring Street,that was submitted by Ronald Lopez on November 3, 1997 The staff has not reviewed the plan in detail yet. The time for action on this plan expires on March 18, 1998. b. 22 Revere Street. Sketch 7 4.5 Subdivision Plan.Rollout: Mr Marino rolled out a sketch 7 4.5 subdivision plan for the 22 Revere Street development, off Revere Street,that was submitted by Daniel and Janice Whitney on November 13, 1997 The staff has not reviewed the plan in detail yet.The time for action on this plan expires on December 13, 1997 ************** ARTICLE FOR NOVEMBER 19, 1997 SPECIAL TOWN MEETING **************** 197 Article 2.CD Rezoning. 55 Hayden Avenue. Spaulding& Slve. Sian Report to Town Meeting: Mr. Merrill outlined what he intends to say to Town Meeting, to express the Planning Board's unanimous support for Spaulding & Slye's petition to rezone its property at 55 Hayden Avenue, from CRO, Regional Office, to CD, Planned Commercial Development.The other members made some suggestions for his presentation. Mr.Bowyer suggested that this is an opportunity to make some policy statements on town and neighborhood issues and problems,transportation/traffic, site planning and conservation issues. The members signed the Town Clerk's copy of the Planning Board Report to Town Meeting on Article 2. ********************* ARTICLES FOR 1998 ANNUAL TOWN MEETING *********************** 198.Possible Amendments to the Zoning By-Law Mr. Bowyer outlined the critical dates to take into account as they prepare for Town Meeting. 1 The warrant closes on December 29 at 4.30 p.m. 2. A public hearing must be held within 65 days of notice from the Selectmen. 3 In order to hold a public hearing during the second or fourth week of February,a legal notice with the full text of the amendment must appear in the newspaper at least 14 days weeks before the hearing. Factoring in time to meet the publication date,that means proposed amendments must be ready by late January and the first week in February 4 The Article to appear in the Warrant must be submitted to the Board of Selectmen by the end of January to meet printer's deadlines. Mr. Canale said that most of the work on amendments should be done in the first two meetings in December The Board discussed possible amendments to the Zoning By-Law to bring before the 1998 Annual Town Meeting. Among the candidates are: Wireless Communications Antennas: This will address widespread concern over the siting of communications antennas. Currently, only a building permit is required to install one. Jumbo Houses,Mansionization: Mr. Galaitsis offered to try to draft a measure to deal with the issue of larger homes being built on small lots in existing neighborhoods. Definitions of Floor Area,Height: Clarifying these definitions would clear up confusion that arises when people 2 Minutes for the Meeting of November 17, 1997 use the Zoning By-Law Maximum and Minimum parking spaces: The Board would like to see the transportation demand management policy applied to Board of Appeals petitions in which there is a request for additional parking spaces at a site. Parking Nonconformity This addresses the substitution of uses in Lexington Center that is dictated by the parking demand factors in the By-Law It is believed to affect restaurants primarily Outdoor Lighting: The Board received a proposal from Daniel Green in September. Planned Development District Procedures:this will deal with some of the procedural issues that arose during the 16 Hayden Avenue CD petition last spring. Mr.Merrill offered to work up some material on this issue. Miscellaneous Technical Corrections: The Zoning Enforcement Officer has some suggestions that have occurred during her administration of the By-Law Nonconformity;substitution of uses The Parker Street experience points up a potential loophole in the type of uses that are permitted in single family districts. Conversion of two-family houses There is a request from the Board of Appeals about expansion of nonconforming single family houses and their conversion to two family houses. The Board may want to close a loophole that allowed a homeowner on Grant Street to propose to essentially build another house on his lot by connecting it to the garage. Section 9, Cluster Development, Clarifications Some technical correction or clarification provisions may emerge on a detailed review Three Year Term for Planning Board The Board also may want to proposed that the term of office for Planning Board member be three years instead of the current five years. a. Wireless Communication Antennas: Mr. Colman reported to the Board on his research into communications antenna. There are already ten antennas installed in town and more are proposed.At this time only a building permit is needed to erect one. There are few standards and they cannot be denied. If they meet federal emission standards they are deemed to be acceptable.However,a town can regulate where they are sited. He met with the Zoning Officer to discuss the matter and discovered that model ordinances tend to be 10 to 25 pages long.Mr. Colman offered to pursue crafting an amendment.Mr Merrill suggested gaining revenue for the Town by placing them in public buildings or on other public property b. Jumbo Houses: Mr Merrill characterized the issue of large house additions or houses being built on small lots in existing neighborhoods as complicated and controversial and sees it as a subject of high-profile debate over the next several years.He believes a more complex,technical approach to creating control would be best. Mr Canale commented that the Selectmen's support must be gained along with that of residents. Mr. Bowyer pointed out that there was little response to the Larger Houses in Existing Neighborhoods report, which encouraged feedback. Mr. Canale suggested surveying the Town Meeting members to see if they think there is a problem needing a solution. There might be a questionnaire asking: 1 Why can such big houses be built on small lots? 2. Why do we allow small lots to be built on at all? ****************************REGIONAL,INTERTOWN ISSUES **************************** 199 MAGIC(Minuteman Advisory Group on Interlocal Coordination): Mr. Marino informed the Board that he was elected to the office of Second Vice Chairman of MAGIC at a recent meeting. ************************************** REPORTS *************************************** 200.Planning Board, Subcommittees Mr Canale brought to the Board's attention a letter that the Planning Board had authorized him to write to Secretary Coxe of MEPA, dated November 6, 1997 It contains the Board's comments on the draft Section 61h filing made by Massport dated September 30, 1997 Minutes for the Meeting of November 17, 1997 3 He also suggested that Board representatives to Town committees repo gularly on the activity of their , committees, and that the member assignments be reviewed. The meeting was adjourned at 10:15 p.m. // l v / John L.Davies, Clerk / 1 r PLANNING BOARD MINUTES MEETING OF NOVEMBER 19, 1997 The meeting of the Lexington Planning Board held in Room G-15,Town Office Building,was called to order at 7:30 p.m.by Chairman Canale with members Colman,Davies, Galaitsis,Merrill,Planning Director Bowyer,and Assistant Planner Marino present. *************** ARTICLE FOR NOVEMBER 19, 1997 SPECIAL TOWN MEETING **************** 200. Article 2.CD Rezoning. 55 Hayden Avenue, Spaulding& Sive: Mr Merrill went through the material he will present at the Special Town Meeting this evening. The Board discussed the reasons that Spaulding & Slye decided to request a Special Town Meeting These reasons included encouragement from the Board itself, from Town Meeting members after the petition was turned down in April,and the prospect of a tenant who would commit to occupancy if a building could be constructed promptly, i.e.within a time frame that would not work if they had to wait until the 1998 Annual Town Meeting was over. He will emphasize the applicant's thoroughness in addressing the Town's fiscal,transportation, and conservation issues, along with neighborhood concerns and the Planning Board's planning and policy issues. Basically,he said, Spaulding and Slye has done everything asked of them by everyone involved in the process. He will say that the Planning Board believes this project will be a good neighbor The meeting was adjourned at 7:55 p.m. / P l G,v.sl John L.Davies, Clerk L PLANNING BOARD MINUTES MEETING OF DECEMBER 1, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7:37 p.m. by Vice Chairman Merrill, with members Colman, Davies,Galaitsis, Planning Director Bowyer, and Assistant Planner Marino present. Mr. Canale was absent. ************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************** RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 201.Applications To Be Heard on December 11. 1997 Mr. Colman gave an oral review of the following applications: 2 and 3 Spencer Street. LexHAB, comprehensive permit for two-family house The Planning Board agreed to recommend that the Board of Appeals grant the comprehensive permit and to suggest that it urge LexHAB to create pedestrian access from Spencer Street to the John C. Eddison Bikepath. 318 Lincoln Street,Carpenter, variance to add a garage The Planning Board agreed that the applicant did not adequately address hardship in the submission _ they reviewed and to recommend denial of the variance. 32 Wachusett Drive, Scampini,variance to add garage with bedroom above The Planning Board agreed that the applicant did not adequately address hardship in the submission they reviewed and to recommend denial of the variance. The Board agreed to make no comment on the following applications, also scheduled to be heard on December 11 343 Marrett Road, Klostermann,renewal of special permit to use portion of residence as an office 32 Cedar Street. Vallierre, variance to allow fence portions over 6 feet tall 47 Rindee Avenue. Wallerstein, renewal of special permit for home office 10 Donald Street Griffin, special permit to add dormers SUBDIVISION OF LAND 202.Adams Street 7 4.5 Definitive Subdivision Plan, Winnetucket Realty Trust PUBLIC HEARING: Present for this item were Peter Kelley and Richard Perry of Winnetucket Realty Trust, the applicant, Richard Waitt, engineer, of Meridian Engineering Collaborative, Inc., Alan Wrigley, attorney, and about a dozen residents/abutters. Mr. Perry explained the main features of the definitive 7 4.5 subdivision plan for land at 94 Adams Street and Brent Road and pointed out a number of changes made in response to the Planning Board's comments on plans at previous stages of this projcct. The public benefit offered is one suggested by the Engineering division,to rebuild the guard rail on Adams Street with wood, instead of metal, and resurface some sidewalks in the area. The Board had questions dealing with the trench on one of the driveways,and spring storm water runoff. Relative to a letter from Judith Nitsch Engineering,Inc.,hired by Stephen Fish, 11 Brent Road, to analyze the applicant's drainage plans, Mr. Waitt said that his firm responded to the letter, supplying them with further documentation, to their satisfaction. John Schmid, engineer,of Judith Nitsch Engineering, Inc., who was present,confirmed the adequacy of the drainage study done by Meridian.He suggested that part of the public benefit funds be devoted to a drainage study After a lengthy discussion, in which the abutters again presented their concerns about flooding, it was clear that the residents want some of the public benefit funds, $29,000,used to help relieve the water situation.Mr.Kelley said that is acceptable to the applicant. 2 Minutes for the Meeting of December 1, 1997 Mr Merrill closed the hearing at 8:50 p.m. Later in the meeting,the Board discussed the question of whose responsibility the drainage study would be.It was agreed to send a letter to those residents in attendance tonight and tell them that half of the public benefit will be held in reserve for six months while they work out with the applicant who to hire to do a private study of the water drainage problem. They agreed the other half of the money should be used to fix the guardrail on Adams Street, as proposed by the Town Engineer. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 203 Oakmount Circle Definitive Street Improvement Plan. Richard Curtin. PUBLIC HEARING: Mr Merrill opened the hearing at 8:55 p.m.Present were Richard Curtin, of Gerald M.Curtin Real Estate,the applicant, and a number of residents/abutters. Mr Curtin explained that the plan before them is the same plan submitted in August, 1996 and reviewed then by the Board and Engineering Department. It is a street improvement plan to bring a portion of Oakmount Circle up to the standards specified in the Development Regulations so that it will provide frontage for a vacant lot between 28 and 57 Oakmount Circle. He would like to build a single-family house on the lot.He has provided a geo-technical analysis of the pond relative to the proposed road construction. In the discussions that followed,despite this analysis,the residents expressed their concern that any blasting to build the road, or to install utilities,might crack the rock that holds the water in the pond,causing it to drain,as well as cause damage to private property Mr Curtin said it is not clear that any blasting needs to be done. He is willing to build the house on a slab, instead of putting in a foundation, and it may not be necessary to blast to install the utilities. The residents also expressed concern about the questions raised by themselves, and the Planning Board previously,about legal rights to make the required improvements. Specifically,they contend it is not clear that Mr. Curtin has the right to make improvements to the road,which is private,or install utility lines through others' property Mr. Curtin maintains that he has those rights.However, lawyers for the Pishevs,owners of 55 Meriam Street, across whose land the utilities would go, and the Wetlaufers,28 Oakmount Circle, disagree.Mr. Curtin suggested that if attorneys for both sides continue to disagree over legal rights,the matter should be turned over to Town Counsel.If that is done,the Board would still be responsible for the decision,but could use Counsel's advice as a basis for its opinion. Mr. Merrill closed the hearing at 10:00 p.m. Later in the meeting,when giving the staff direction to draft a decision,the Board talked about the possibility of waiving the requirement that a portion of the street be paved. Board members discussed the risk of granting a series of waivers that might result in other developers asking for the same waivers. All agreed that this project has a unique set of circumstances, i.e.the pond,that is not likely to occur again and its special case status can be emphasized in the decision if waivers are granted. The Board questioned how this can be a definitive plan without the utilities easement shown on it. Mr. Bowyer suggested giving Mr.Curtin and the attorneys for the abutters 30 days in which to produce a memorandum of law that thoroughly addresses the issue of his legal right to install the utilities and to make improvements in the road. There would then be another 30 days for each to comment on the memorandum of law submitted by the other parties.If,after these periods, it is not resolved,the issue should be submitted to Town Counsel for legal advice. The applicant would be responsible for these expenses. Minutes for the Meeting of December I, 1997 3 PLANS NOT REOUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 204 Form A/97-7 37 Woodland Road. (Bedford. back land in Lexinetonl. Carter Scott/Mr. & Mrs. Bumbaca: The Board reviewed an Approval Not Required Plan for land at 37 Woodland Road, Bedford (back land in Lexington). On the motion of Mr. Colman, seconded by Mr Galaitsis,the Board voted unanimously to endorse the plan entitled"Plan of Land in Lexington,MA(Middlesex County)",dated May 21, 1997,prepared by Noonan &McDowell Engineering Inc,Billerica,MA,certified by Malcolm P McDowell,Registered Land Surveyor,with Form A/97-7, submitted by Robert Carter Scott and Dominic&Mary Bumb yC applicants,as it does not require approval under the Subdivision Control Law The meeting was adjourned at 10:55 p.m. ' r ohn L. Davies, Clerk E , PLANNING BOARD MINUTES MEETING OF DECEMBER 8, 1997 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building,was called to order at 7:35 p.m. by Chairman Canale with members Colman,Davies,Merrill,Planning Director Bowyer,and Assistant Planner Marino present.Mr Galaitsis arrived during Item 205 ************************************MINUTES *********************************** 205. Review of Minutes: The Board reviewed and corrected the minutes for the meetings of May 5, 1997 On the motion of Mr Merrill, seconded by Mr. Colman, it was voted unanimously 4-0 to approve the minutes, as amended. The Board reviewed the minutes for the meeting of May 19, 1997 On the motion of Mr.Merrill,seconded by Mr Colman, it was voted unanimously 4-0 to approve the minutes, as written. *************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************** SUBDIVISION OF LAND 206. Adams Street 7 4.5 Definitive Subdivision Plan. Winnetucket Realty Trust.Decision.Letter to Adams Street/Brent Road Residents: The Board reviewed and revised draft decisions, dated December 8, 1997,prepared by the staff. On the motion of Mr.Merrill,seconded by Mr. Davies,the Board voted unanimously 5-0,to: 1. grant a special permit under paragraph 7 4.5 of the Lexington Zoning By-Law to permit the reduction in lot frontage for the new lot formed by combining lots A and B from the required 150' to 87 73' as shown on the plan entitled "No. 94 Adams Street, Definitive Subdivision Plan, in Accordance with Section 7 4.5 of the Lexington By-Law",dated August 15, 1997; 2. approve the wording of the decision granting the special permit, dated December 8, 1997, as amended. 3. approve with conditions the definitive subdivision plan, entitled "No. 94 Adams Street, Definitive Subdivision Plan, in Accordance with Section 7 4.5 of the Lexington By-Law", dated August 15, 1997; and 4. approve the certificate of action, dated December 8, 1997, as written. *************************** ARTICLES FOR 1998 TOWN MEETING ************************** 207 Potential Amendments to the Zoning By-Law. The Board continued their discussion of potential zoning amendments for the 1998 Town Meeting and reviewed the latest drafts of the documents. These included wireless communications antennas; parking nonconformity - Lexington center; definitions of floor area, Transportation Demand Management,procedures-planned development districts,outdoor lighting;and larger houses on small lots. In response to the Building Commissioner's suggestion to designate the Zoning Officer as Zoning Administrator, the Board wanted to know the Board of Appeals view on that matter. ************************* PLANNING DIRECTOR'S REPORT ************************* 208. Recent Activity Mr. Bowyer reported that Boston Properties is now planning to build a new office building on a lot that was created in a subdivision of their property on Spring Street in 1987 The freeze period on their plan has expired so they are now building within the 0.15 floor area ratio currently in effect in the CRO zoning district. 2 Minutes for the Meeting of December 8, 1997 ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************ RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 209 Applications To Be Heard on December 11. 1997• Mr. Colman gave an oral review of the following application: 1709 Mass.Avenue. Stone Soup Bar and Grill,determination that change in restaurant is a minor revision to a special permit The Board agreed to make no comment. SUBDIVISION OF LAND 210. 22 Revere Street.Revised Sketch 7 4.5 Subdivision Plan,Daniel and Janice Whitney Presentation by the Applicant: Present for this item were the applicants, Daniel and Janice Whitney, engineer David Crispin, and attorney Patricia Nelson. Mr. Crispin, of the BSC Group, explained the Whitney's plan for a subdivision under section 7 4.5 of the Zoning By-Law He explained that since the first application to the Planning Board, the applicants have had a complete ground survey of the site conducted. The applicants have discussed with the Conservation Commission an intermittent stream that runs through the property The applicant's observation is that the stream dries up every year, and therefore would be subject to the strict requirements of the Rivers Protection Act. The applicant's plans show that they will purchase 6,000 square feet of land from Mr.and Mrs.Austin at 20 Revere Street. The additional land will permit them to show a conventional subdivision street can be laid out as required by the Zoning By-Law The additional land also provides more frontage for the lot and makes possible the saving of more trees.The applicants expect that only one tree will need to be removed for the development.It is a level site and there are no drainage problems. The applicant estimates that the value of what they offer as "public benefits" exceeds $200,000. The offer is discussed in detail in the application,and includes a 15,500 square foot parcel that will be deeded to the Town.The project features no new roadway,one private driveway that will be shared by both dwellings,underground utilities, leaching storm drainage, and a new sewer easement that they will give to the Town. The applicant may also impose a restriction on the size of the new dwelling, and prohibiting the demolition of the existing dwelling. Questions from the Board dealt with how the square footage of the building lot was calculated,the setback from the stream,the type of conservation restriction that would be placed on lot 1 and how that relates to providing an additional 15 foot buffer along the bike path.Mr.Merrill commented that he believes this project is a good example of how section 7 4.5 was intended to be used.David Williams, 1443 Massachusetts Avenue,asked if a gazebo could be built on Parcel C. The answer was yes. Comments from the audience included positive remarks from the closest abutter, Charles Austin at 20 Revere Street. Mr Canale expressed the Board's appreciation to Mr and Mrs. Whitney for responding to the Planning Board direction on the earlier sketch plan.He said that the Board will send a letter of response soon,and that it will probably be acceptable for them to move directly to the defmitive plan stage,on the condition that the Conservation Commission's issues are adequately addressed. 211 Old Smith Farm(160-170 Wood Street),Revised Sketch Cluster Subdivision Plan.James Gaklis.Presentation by the Applicant: Present for this item was James Gaklis, the applicant, Ronald Wood, landscape architect, Minutes for the Meeting of December 8, 1997 3 Frederick Russell, engineer, and attorney Frederick DeAngelis. Mr Wood presented a revised sketch plan for a cluster subdivision at 160-170 Wood Street,the third the Board has seen.Mr. Wood said that the development is aimed at the"empty nester"household, but that the proposed dwellings have enough room for returning children or for company The homes will range in size from 2,000 to 2,400 square feet of living area.The applicant believes most people prefer a single-family detached home which is why the majority of the homes on this site plan are detached.However,there are some on this plan that are attached homes.They propose that the attached dwellings be joined by trellises. Another feature of this is that the barn will be converted into a two-family dwelling. Mr Wood said the current plan complies with the five impact measures in Section 9 of the Zoning By-Law Mr. Davies expressed concern that a path connecting the two cul-de-sacs is not shown, saying he believes that a designated path between them is essential. He also said he likes the way the greenspace extends down toward,and abuts,the proposed street system. Mr. Galaitsis also said he wants to see access to the uppermost open space on the site. Mr. Merrill stated that Section 9,the cluster subdivision by-law,clearly requires a public benefit. While this plan is moving in the right direction, it still lacks a well-defined public benefit.He wants to see the open space made accessible and perhaps that some of the dwelling units be made affordable to help address the public benefit requirement.Mr. Gaklis suggested that the barn be rebuilt to provide the affordable units. There was further discussion about providing some affordable housing as part of this site plan. A majority of the Board expressed the desire to see affordable housing offered as the public benefit. David Williams, 1443 Massachusetts Avenue,a member of the Conservation Commission's Land Acquisition Planning Committee, said that the Town has no interest in the acquiring the open space on the site. It is unusable as publicly owned open space. He thought an offer of affordable housing would be more desirable as a public benefit. Mr. Canale told the applicant that the Board would send them a letter,detailing their reactions to the plan presented tonight. ***********************************REPORTS ************************************ Planning Board. Subcommittees 212. Report on Meeting with the Chairman of the Board of Selectmen and the Town Manager: Mr.Canale reported that he and Mr.Bowyer met with the Mr. White and Mr.McSweeney to discuss the application of Spaulding and Slye for approval of a Special Permit with Site Plan Review for 55 Hayden Avenue. The Planning Board acting as the Special Permit Granting Authority is required to make fmdings and determinations that the intersections likely to be affected by the proposed development have, or will have as a result of traffic improvements, adequate capacity The meeting was to request specific information on what actions the Town plans to take to improve the traffic capacity at Spring Street and Concord Avenue, Spring Street and Hayden Avenue, and Spring Street and Marrett Road. 213. Minuteman Advisory Group on Interlocal Coordination:Mr.Marino reported that at a recent MAGIC meeting he was elected as Second Vice Chair of the Subregion. The meeting was adjourned at 10:55 p.m. ` rnnnr+,o John L. Davies, Clerk PLANNING BOARD MINUTES MEETING OF DECEMBER 15, 1997 The meeting of the Lexington Planning Board held in Room G-15,Town Office Building,was called to order at 7.32 p.m.by Chairman Canale with members Colman,Davies,Galaitsis,Planning Director Bowyer,and Assistant Planner Marino present.Mr. Merrill was absent. Mr Galaitsis arrived during Item 220. ************** ADMIhIIS1RATION OF LAND DEVELOPMENT REGULATIONS *************** SUBDIVISION OF LAND 214 Johnson Farm Road Subdivision. Stephen Hamilton. Set Surety" Release Lots: On the motion of Mr. Colman, seconded by Mr. Davies,the Board voted unanimously, 3-0: 1. That the amount of surety for the Johnson Farm Road subdivision be set at$21,800. That amount is the minimum at which surety can be set and represents 15% of the total estimated "Cost to Construct" approved by the Town Engineer. This level of surety is determined to be sufficient through December 15, 1998 only; 2. If the subdivision is not completed by December 15, 1998,or if little or none of the work that remained, at the time this surety was posted,is completed by that time, and the current costs of the amount of work to be completed have increased,the amount of surety will be increased to reflect the costs of completing the work and the developer will be required to furnish additional surety to the Planning Board; 3. to accept surety in the amount of$21,800 in the form of Lexington Savings Bank passbook number 11-092300638; and 4 to release lot numbers 2b;2c, 2d from the covenant. The Board recessed from 7.35 to 7.45 215. Old Shrine Street 7 4.5 Definitive Subdivision Plan, Ronald Lopez, PUBLIC HEARING Mr Canale opened the public hearing at 7.45 p.m.Present were Ronald Lopez,applicant,Daniel Harrington, attorney,Ronald Wood, landscape architect, and Thomas Killian, engineer A number of abutters were also present. Mr. Harrington presented and explained a definitive subdivision plan for land on Old Spring Street, saying that it responds to suggestions and requests the Planning Board made at an earlier stage. The plan now shows a shared driveway,20 feet in width, instead of one to each dwelling, The frontages of the two lots are changed, allowing room for a turnaround. The Board had asked for equal frontage but for aesthetic,practical and safety reasons,the current plan was devised and they hope it is acceptable.For drainage there is a total of 16 dry wells. Mr. Galaitsis asked if they had dealt with any issues that the neighbors have.Mr Harrington replied that to satisfy Mr Cagliuso, 152 Old Spring Street,hemlock trees will be planted to screen his property In response to a question from Mr.Colman,Mr.Wood answered that the land is subtly terraced and the houses are sited in level areas in the terrace.The driveways will go up the slope at a proper rate of grade.Mr.Killian said he does not anticipate any unusual problems in constructing the subdivision. Regarding the public benefit, Mr Harrington said they propose to put an overlay coat on the road in the spring, rebuilding a stone wall on the site and installing additional landscaping. Questions and comments from the audience included a concern expressed by Mr. Cagliuso about drainage and the impact of blasting on his property Mr. Lopez said it isn't clear that blasting will be necessary but if it is,he will follow the proper protocols for doing so, including a survey of the surrounding homes,etc. Mr.Killlian described the drainage system in more detail. Margaret Merrick, 151 Old Spring Street,asked if the existing street trees will be cut. The answer was negative. The cherry trees will remain and red maples added.Mr.Canale said that the Board would like to see the sidewalk designed to meander so that more trees may be saved. David Williams, 1443 Massachusetts Avenue, asked if Mr Lopez had talked to the Tree Warden and suggested 2 Minutes for the Meeting of December 15, 1997 that the Juniper Hill Trust Fund(conservation land)would welcome a donation as part of the public benefit. Mr Canale closed the hearing at 8:18 p.m. PLANNED DEVELOPMENT ZONING DISTRICT 216. 55 Hayden Avenue SPS. Spaulding& Sive:PUBLIC HEARING:Present for this item were David Vickery and Thomas McGarrigle of Spaulding and Slye,applicant for a special permit with site plan review for a defmitive site development and use plan for an addition to an office building on its property at 55 Hayden Avenue. The property was rezoned from the CRO,Regional Office District,to CD,Planned Commercial Development District, at a Special Town Meeting on November 19, 1997 Mr.Vickery explained that Spaulding& Slye hope to start building the addition to the building and have it ready for its prospective tenant by October 1.He described the plan as practically the same as that seen by the Board in the preliminary site development and use plan and at the Special Town Meeting on November 19, 1997 Mr. Canale asked Mr. Vickery about the placement of the electric transformer shown on the plan. Mr. Vickery replied that it would be well concealed with landscaping.Mr. Galaitsis suggested placing it under the building.Mr. Davies related the Design Advisory Committee's comments and suggestions on the plan. The Board suggested some alterations to the walking path from the parking lots and the bridge to Hayden Woods, as well as to other landscape features, to achieve a more "natural" look. Outdoor lighting and the sign were also discussed. Mr. Vickery agreed to send pictures of the sign to the Board. Mr Canale mentioned that the intersection traffic control issue seems to be close to a solution. Final word from the Town Manager is expected soon. Mr. Bowyer reported that the Town Manager had asked Traffic Engineer, Richard Cook, of BSC who is preparing designs for the South Lexington intersections to be present at the meeting. Mr. Cook called earlier in the day to say he would be unable to attend due to illness. Mr Canale recessed the hearing, at 8:43 p.m., until January 5, 1998 at 7.45 p.m. in Room G-15, Town Office Building. Speaking for the Board,he said his sense is that the current site plan is acceptable, and with a couple of minor adjustments discussed during the hearing, it will probably be approved. **********************ARTICLES FOR THE 1998 TOWN MEETING************************* 217 Potential Amendments to Zoning Bylaw, Reauest to Selectmen to Include Articles in the Warrant: After some discussion, and review of preliminary drafts of nine possible amendments to the Zoning By-Law, on the motion of Mr. Davies, seconded by Mr Colman,the Board voted unanimously, 4-0,to request the Selectmen to reserve space in the Warrant for the 1998 Annual Town Meeting for the following articles: Article A. Wireless Communications Antennas Article B: Small Lots,Large Houses Article C: Conversion of On-Family Houses Article D: Technical Corrections Article E. Nonconforming Parking,Lexington Center Article P Maximum,Minimum Parking Article G: Transportation Demand Management Article H: Procedures,Planned Development Districts Article I. Outdoor Lighting The Board agreed not to submit an article proposing the designation of a Zoning Administrator That had been proposed by Steve Frederickson, Director of Inspectional Services. Frederickson reported that the Board of Appeals,did not want to go forward with the amendment. Minutes for the Meeting of December 15, 1997 3 SUBDIVISION OF LAND 218. 22 Revere Street. Revised Sketch 7 4.5 Subdivision Plan.The Whitnevs: Decision: The Board reviewed a draft decision prepared by the staff. They agreed to add a stipulation that the area of the proposed gazebo shown on the revised plan should be limited to 250 square feet.On the motion of Mr. Galaitsis, seconded by Mr.Davies, the Planning Board approved, unanimously,the decision, as amended. 219 Old Smith Farm. Wood Street. Sketch Plan. Cluster Subdivision: Decision: The Board reviewed a draft decision,prepared by the staff.It added language having to do with the affordability of some of the housing units, and the location of the common open space. The Board scheduled a walk of the site for the upcoming Saturday morning. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 220. Oakmount Circle Definitive Street Improvement Plan,Richard Curtin: Direction to the staff to prepare a decision: The Board discussed what it would like to see in the final plan to improve a section of Oakmount Circle. They agreed that it is a unique situation and what can be done hinges upon the right of the applicant to make the utility connections. On the motion of Mr. Galaitsis, seconded by Mr. Davies, the Board voted 3-1, Mr. Colman opposed,to inform Mr Curtin that they will require that: 1) within 30 days the lawyers for the applicant and the abutters (any or all of them) prepare a "memorandum of law" on the issues raised, 2) within 30 days from the receipt of those documents that each side review and comment on those "memoranda", and 3) unless a direction emerges or a compromise is reached, the Planning Board will forward those "memoranda"to Palmer&Dodge who would then advise the Board.The review by Palmer&Dodge would be at the applicant's expense. *************************** PLANNING DIRECTOR'S REPORT ************************** 221 Recent Activity APA National Plannine Conference.April 4-8.Boston: Mr.Bowyer reported that preliminary program brochures are in the mail for the American Planning Association National Planning Conference which will be held in Boston in April of 1998. He urged Board members to take advantage of this rare o ortunity to attend the national conference. �J The meeting was adjourned at 10:47 p.m. John L.Davies,Clerk