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HomeMy WebLinkAbout1988-06-20 PLANNING BOARD MINUTES MEETING OF JUNE 20, 1988 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 the Chairman, Mrs. Uhrig, with members Sorensen, Williams, Wood, Planning Director Bowyer, Assistant Planner Nordby and Secretary Peters present. Mrs. Klauminzer was absent 170 Approval of Minutes The Board reviewed and corrected the minutes for the meeting of April 11, 1988 On the motion of Mrs. wood, seconded by Mr Soren- sen, it was voted 3-0-1 (Mr. Williams abstained) to approve the minutes, as corrected The Board reviewed the minutes for the meetings of April 13, 25, 27 and May 2, 1988. On the motion of Mr. Sorensen, seconded by Mrs. Uhrig, it was voted 2-0-2 (Mrs Wood abstained as she had not been present at the meetings of April 13, 25 and May 2, 1988; Mr Williams also abstained) , to approve the minutes, as written. **************************** REPORTS ***************************************** 171. Planning Director a. Ridge Estates II The Board heard a summary of a letter from Theodore Freeman, dated June 13, 1988, responding to the Board's June 7, 1988 letter on Ridge Estates II Copies will be distributed prior to the next meeting b. Completion of old Subdivisions Mr Bowyer reported he has written to the developers of Pheasant Brook and Pitcairn Place, asking that they complete construction of the subdivision road so they can move toward acceptance of the streets by the Town. In the future, letters will also be sent to the developer of Tidd Circle and North Emerson, and any other subdivision that can be moved along towards completion and acceptance by the Town ************* ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS **************** PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 172 Form A/88-10. Percy Road, Baird & Kinneen The Board reviewed a plan showing the division of Lot 16, Town property map #39, creating two lots (Lot C and a combination of Lots B1 and D2) with the required frontage and lot area. On the motion of Mr Sorensen, seconded by Mrs Wood, kit was voted 4-0-0 to endorse the plan entitled "Plan of Land in Lexington, Mass (Middlesex County)", dated March 25, 1988, revised June 15, 1988, by the BSC Group - Bedford, Inc , certified by Norman I. Lipsitz, Professional Land Surveyor, by Douglas Baird, with application Form A/88-10, as it does not require approval under the Subdivision Control Law SUBDIVISION OF LAND 173 Grassland Subdivision. Robert Phelan. Acceptance of Conditional Surety Release of Lot 2 Only The Board discussed a letter received from Robert Phe- lan, the developer, which seeks the release of Lot 2 on which a house has been Meeting of June 20, 1988 2 under construction since last winter, and the owner is ready to move in, having already sold his old house. Mr. Bowyer reported the problems, that arose when the error in the survey work done by Hayes Engineering was discovered, seemed to be working toward a satisfac- tory resolution. There have been several meetings with representatives of the Town and Hayes Engineering. At least one acceptable solution has been identi- fied and other ideas are being review that would provide all of the retention area of the current wetlands. The estimate from BSC of the amount of work on the wetlands remaining to be completed is approximately $36,000, with an addi- tional $25,000 for other drainage work bringing the cost to complete to around $65,000. He recommended this should be the amount of surety established to insure completion of the subdivision while releasing Lot 2 only. Mr. Phelan reported there would be a meeting with the Conservation Commission on June 28, 1988 to settle any problems they had with the subdivision. He added he would be glad to post surety for all 6 lots, with permission to release the one lot due to the hardship of the new owner that needs to move in, as soon as possible. On the motion of Mrs. Wood, seconded by Mr. Sorensen, it was voted uninanimously 1) to set the amount of surety at $65,000, 2) to accept in surety a bank passbook for that amount, 3) to release lot 2 only and 4) to instruct ;the Planning Director not to issue the release of lots document until the surety is received in the form of a bank passbook. 174 Graystone Subdivision. Boyd/Smith. decision on tune of surety to accept Mr. Bowyer reported this situation is a little different than what the Board usually has before it, in that the regular road work and utilities are completed to the point that the remaining surety and covenant could be released. In this case, trees and landscaping were planted this past spring, a;nd the usual prac- tice is to go through one growing season and one winter to ensure the trees and plantings are still healthy after a full year. The Board reviewed a draft letter to Boyd/Smith, dealing with two methods to ensure that any planting not lasting the year will be replaced. The Board agreed to establish a special surety, of not less than $5,000, to cover any loss of planting material after a year. On the motion of Mrs. Wood, seconded by Mr Williams, it was voted unanimously to approve the letter with the addition of a note stating that the surety held by the Town shall not go below $5,000. 175 Orchard Crossing. off Lowell Street. McNeil & Castielli, decision on defin- itive plan The Board reviewed a draft Certificate of Action and a draft Special ( Permit with Site Plan Approval for the subdivision, making minor corrections On the motion of Mr. Sorensen, seconded by Mrs Wood, it was voted unanimously I ; to approve the definitive plan of the Orchard Crossing subdivision On the motion of Mr Sorensen, seconded by Mrs. Wood, it was voted unanimously to approve the Certificate of Action for the Orchard Crossing Subdivision, as Meeting of June 20, 1988 3 corrected. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unanimously to grant the Special Permit with Site Plan Review for the combined conventional and cluster subdivision called Orchard Crossing 176. 90 North Hancock Jeffrey Hodgdon, decision on definitive plan The Board reviewed a draft Certificate of Action for the two lot subdivision at 90 North Hancock Street, making minor corrections On the motion of Mr. Soren- sen, seconded by Mrs. Wood, it was voted 4-0-0 to approve the definitive subdi- vision plan On the motion of Mr. Sorensen, seconded by Mrs Wood, it was voted unanimously to approve the Certificate of Action, as corrected. 177. One Tracer Lane, Tracer Lane Realty Trust. decision on definitive Plan The Board reviewed and corrected a draft Certificate of Action for the commer- cial subdivision One Tracer Lane. On the motion of Mrs. Wood, seconded by Mr Sorensen, it was voted 4-0-0 to disapprove the definitive subdivision plan for One Tracer Lane, without preju- dice. On the motion of Mrs. Wood, seconded by Mr. Sorensen, it was voted 4-0-0 to approve the Certificate of Action, as corrected. 178 Valley Road. Massucco. release of surety The Board reviewed a memo from the Town Engineer stating that the applicant had done more work than was required to bring the condition of the road up to adequate grade and construc- tion On the motion of Mrs. Wood, seconded by Mr Williams, it was voted 4-0-0 to release the surety held by the Town for completion of the work. Mr Williams suggested, and the board agreed, to send a copy of the engineering memo along to the applicant, since they did more work than required and they should be aware this has been recognized by the Town 179 191 Surinz Street, PUBLIC HEARING. repetitive petition Mrs. Uhrig opened the hearing at 8 45 p.m. by reading the legal notice, explaining that the Board was required to hold a public hearing to hear why the applicant should be per- mitted to resubmit his application for a rehearing before the Board of Appeals when less than two years have elapsed. She noted that Section 16 of the Massa- chusetts Laws, Chapter 40A, requires that all but one member of the Planning Board consent to this decision before the Board of Appeals may rehear the petition. Attorney Frederick DeAngelis, representing the applicant, stated there had bee specific and material changes in the conditions upon which the previous unfavor- able action was based. He noted the Board of Appeals had unanimously found this to be so John McKee, of Symmes, Maini and McKee briefly reviewed the changes, mainly the reduction in the total square footage of the buildings and the elimi- nation of one parking garage The Board agreed there had been specific and material changes in the plan that more than meet the tests established by the Appeals Court in a similar case Joy Buchfirer, representing the South Lexington Civic Associates, stated they were pleased to see the overall reductions that had been made However, they hope the Planning Board will recognize there is a new traffic by-law and every thing in their power to enforce it. Meeting of June 20, 1988 4 James Lambie, 22 Shade Street, commented that the traffic studies he has seen for the new plan are very much the same as those presented before, to the over- all traffic volumes have not changed significantly. In response to a question from Caleb Warner, 546 Concord Avenue, whether or not the mechanical penthouse on Building #1 was visible from Spring Street, it was stated it was not visible. Mrs Uhrig declared the hearing closed at 9 02 p.m. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted 4-0-0 that without making recommendations on the merits of the plan, the new plan is sufficiently different from the plan previously denied by the Board of Appeals that a resubmittal would not constitute a repetitive petition. Mr Bowyer noted that the proposal is vested under the 1986 Zoning By-Law, and technically is subject to the provisions of the 1986 Zoning By-Law He added that, nevertheless, he thought the Town ought to work to the maximum extent pos- sible to carry forward the spirit of the zoning regulations now in effect APPLICATIONS TO THE BOARD OF APPEALS 180 Hearinzs scheduled for July 124. 1988 Mrs Wood gave an oral review of the following hearings to be heard by the Board of Appeals 57 Bedford Street, R. Wl. Connelly Associates, SP, to attach a 5' by 6' sign on the front of a commercial building. The Planning Board agreed to take the same position on this application as it did on a similar petition, by the Hunneman Company for 80 Hayden Avenue, heard by the Board of Appeals on September 10, 1987. They continue to be opposed to the use of such a large sign advertising space for rent in a building They suggest the use of more traditional ways, such as advertising in newspapers and business trade publications, be used. Such a large sign is incompatible with the visual appearance of other commercial buildings in the area. On the motion of Mr Williams, seconded by Mr. Sorensen, it was voted unanimously to recommend the special permit not be granted Vacant lot on Albemarle Avenue, Edward J. Herman, appeal of the decision of the Building Commissioner, denying a building permit for the construction of a single-family dwelling on a lot that had been combined by use with an adjoining lot. On the motion of Mr Williams, seconded by Mrs Wood, it was voted unanimously to concur with the findings of the Building Commissioner 425 Woburn Street, Donald Deily, appeal of the decision of the Building Commissioner The Board concurred with the Building Commissioner's ruling that the lighting need be screened only when direct beams fall on the abuttor's property 55 Oak Street, Ellen 0. Hall, SP. to allow a temporary accessory apartment in the basement The Board felt it should be made clear that it is not the intent to allow the accessory apartment on a permanent basis and that it will be limited to such period of time as Ms Hall may need They agreed Meeting of June 20, 1988 5 that the conditions and continued need for the accessory apartment should be reviewed on a regular basis whenever the special permit must be renewed. On the motion of Mr Sorensen, seconded by Mrs Wood, it was voted unani- mously to recommend the special permit be granted in view of the special circumstances presented by the applicant. 12 Moon Hill Road, Walter & Renee Juda, SP, accessory apartment in an accessory structure. The Board was pleased that Article 41 was approved by Town Meeting this year, enabling the Juda's to use the upper story of the garage for an accessory apartment. ON the motion of Mrs. Wood, seconded by Mr. Sorensen, it was voted unanimously to recommend the special permit be granted, and to thank the Judas for waiting until after the Town Meeting vote to file their application 1095 Massachusetts Avenue, Lexington Shell Service Center, appeal from a decision of the Building Commissioner denying the operation of a mini snack mart as an accessory use at the service station. the Board noted that this was already a nonconforming use in a residential area, and to allow an expansion of a nonconforming use in a residential district would be in direct conflict with the objectives and provisions of the new Section 6 of the Zoning By-Law recently adopted by the Town Meeting On the motion of Mrs Wood, seconded by Mr. Williams, it was voted unanimously to strongly support the decision of the Building Commissioner and recommend the appeal be denied. 396 Waltham Street, Mobil Oil Company, SP, to demolish and reconstruct a gasoline service station with no service, only for the selling of gasoline, in the CRS District; and to replace an internally illuminated free standing sign The Board agreed they were opposed to this special permit being granted, because the entrances and exits are too close to the intersection and could cause problems with the flow of traffic through the intersection. On the motion of Mrs. Wood, seconded by Mr Sorensen, it was voted unani- mously to recommend the special permit be denied, and that the applicant be advised to restudy the plan, with the idea that the curb cuts closest to the intersection be eliminated, that the access to the station should be at the furtherest point away from the intersection, that the size of the building be smaller and nearer its current location and that the size of the canopy be reduced. *********************** ARTICLES FOR 1988 SPECIAL TOWN MEETING *************** 181. Pine Meadows a. Progress report on Impact Study Mr Bowyer summarized the content of the four articles for Special Town Meeting on July 8, 1988. (see attached warrant. ) He reported the impact study the staff has been preparing would use the same kind of data for town houses and single family houses in any scheme. He added there needs to be more information on what type of af- fordable housing will be proposed. Until they get more information, it - will be assumed that half of the affordable units would be moderate income; half of the affordable units would be low income, and that all of the affordable units will be rental; half of the affordable units will be three bedroom, and half will be two bedroom. Meeting of June 20, 1988 6 b Advisory Committee Proposal In response to questions from Mrs Uhrig, Mr. Williams reported that the action at Town Meeting, on the proposal of the Pine Meadows Advisory Committee, if approved, would allow for a private package for a developer and a development package to the Town for affordable housing; and the Town would lease the operation of the golf course The Committee has agreed to support 70 dwelling units, 54 market rate units and 16 affordable units, for the site, with the neighborhood representatives protesting the inclusion of so many affordable units. In response to a question from Mr Sorensen, Mr. Bowyer reported the fall-back position for Moore Homes, if nothing passes, will probably be 96 to 100 single lots and no golf course. ************************** REPORTS ***************************************** 182. Planning Board. Subcommittees a. Lexington Center Revitalization Committee Mrs Uhrig announced their next meeting would be held on June 30, 1988 at Noon. Mrs. Wood will try to attend. The meeting was adjourned at 9 45 p.m (737a2-4 (7. Zi Martha C. Wood, Vice-Chairman