HomeMy WebLinkAbout1988-09-19 PLANNING BOARD MINUTES
MEETING OF SEPTEMBER 19, 1988
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 the Vice-Chairman, Mrs. Wood, with
members Klauminzer, Sorensen, Williams, Planning Director Bowyer, Assistant
Planner Nordby and Secretary Peters present. Mrs. Uhrig was absent.
230. Review of Minutes The Board reviewed and corrected the minutes for the
meeting of August 30 and September 9, 1988. On the motion of Mr. Williams,
seconded by Mrs. Klauminzer, it was voted 4-0-0 to approve the minutes, as
amended.
231. Signature Sheets for Registry of Deeds and Land Court The Board signed
two documents placing their signatures on file with the Registry of Deeds at the
South Middlesex Registry, and with the Recorder of Land Court. Planning Direct-
or Bowyer and Assistant Planner Nordby also signed.
***************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS **************
RECOMMENDATIONS ON APPLICATIONS SUBMITTED TO THE BOARD OF APPEALS
232. Hearings scheduled September 29, 1988 (in addition to hearings for the
same date reviewed on September 8, 1988) Mr. Sorensen gave an oral review of
the following three hearings
43 Downing Road, Gerald Beltz, variance from side yard setback
854-856 Mass. Avenue, Personal Cleaners & Taylors, SP, to extend sign
10 Maguire Road, Itek Corp., SP renewal, to reserve an area for future
parking, if needed.
Mr. Williams left the meeting at this time.
On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 3-0-0
to make no comment on the above applications.
Mr. Williams returned to the meeting during the discussion of the next para-
graph.
Middlesex Mall, Lowell Street, Burlington Village Associates, SPS, to build
a 17,000 GSF retail building within a CD zoning district. The Board re-
viewed and corrected a draft recommendation prepared by the Planning staff.
Mr. Williams suggested, and the Board agreed, that a condition be added
requiring the developer to set aside a "floating easement" so that a foot
path might be constructed to connect the mall with the adjoining residen-
tially zoned property now being considered for a RD rezoning, to permit
multi-family dwellings, if this rezoning does occur.
Mr. Bowyer reported he had had several discussions with Terry Szold, the
Burlington Planning Director and had sent her a copy of the draft recom-
mendation. They have a particular concern with the intersection of the
proposed access drive with the major site drive and the aisles of other
parking bays. They have asked that a speed bump be incorporated into the
Minutes for September 19, 1988 -2-
plan there. They support the proposals in the draft recommendation includ-
ing the plan to keep some of of the required parking spaces unbuilt until
needed, the requirement that employees park on the periphery and that there
be an annual report on parking utilization.
On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted
4-0-0 to approve the recommendation, as amended.
GRADE AND CONSTRUCTION OF AN UNACCEPTED STREET
233. Determination of the Length of Earl Street as an Unaccepted Street The
Board met with William Herring, developer, Mr. and Mrs. Edmond Landrier, owners ,
and Attorney Harley Anderson for a discussion of the length of the unaccepted
road as it exists in the field, for the establishment of legal frontage for
building lots.
Mr. Sorensen said he felt Earl Street was not of adequate grade and construction
beyond Ash Street. In response to a question from Mr. Williams, Mr. Bowyer said
the issue before the Board is to determine what part of the "street" is an
unaccepted street and what part does not meet the threshold standards for an
unaccepted street. There was considerable discussion of whether the "street"
had sufficient width to meet the standard set forth in the Board's "Policy on
Construction Standards.. ." Mr. Herring noted he is prepared to make the im-
provements on 300 feet of Earl Street as required by the policy.
Several members of the Board agreed to meet with the developer next Saturday at
3 p.m. in the field, for a further examination of the condition of the road.
PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW
234. Form A/88-14, Robert Cataldo, land between Solomon Pierce Road, Maple St.
and the Railroad right-of-way The Board reviewed a plan showing the transfer
of some back land which did not change the frontage of any lot. It was compli-
cated because some of the land was registered with the Land Court and some was
not. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted
4-0-0
to endorse the plan entitled "Plan of Land in Lexington, Mass. (Middlesex
County)", dated September 6, 1988, by The BSC Group - Bedford, Inc., certi-
fied by Roger M. Corbin, Professional Land Surveyor, with Form A/88-14, by
Robert Cataldo, applicant, as it does not require approval under the Sub-
division Control Law;
with the addition of the following note on the drawing
"The word lot as used on this plan means parcel and has no other meaning."
SUBDIVISION OF LAND
235. Pheasant Brook II, Robert Cataldo, Preliminary Plan, First View of Plan by
Board The Board briefly reviewed, prior to staff review, a plan filed 7/25/88
showing the layout of 12 building lots off two roadways , one connecting Butter-
field Road and Maple Tree Lane, and the other a 400 foot long cul-de-sac road.
The plan is being discussed at a Conservation Commission meeting this evening,
and the Board will await its action.
Minutes for September 19, 1988 -3-
236. Barrett Road, Kaminski Associates, Attorney Thomas Callahan, Sketch Plan.
The Board briefly reviewed, prior to staff review, a plan filed 7/11/88 showing
the layout of nine one and two unit townhouses along an extension of Barrett
Road to Wellington Lane Avenue. Mr. Bowyer noted there could be problems with
the proposed road alignment, which conflicts with some of the Town's geometric
design standards and the desire of the Conservation Commission to keep the road 1
far away from the existing wetlands.
237. Farm Road, off Lillian Road, Busa/Antonelli, Sketch Plan The Board
briefly reviewed, prior to staff review, a plan filed 8/9/88 showing the layout
of a Special Residential Development on a continuation of Farm Road (still less
than the 650 foot length permitted), containing five detached and semi-detached
dwelling units. The Board questioned how this could be done and asked that a
proof plan be shown.
238. 627-669 Mass. Ave., Boyd-Smith, Preliminary Plan The Board briefly
reviewed, prior to staff review, a plan filed on 8/25/88 showing a revised
cluster plan (from the previously disapproved 8/3/88) plan, as well as a con-
ventional subdivision plan, both plans showing eight detached and semi-detached
dwelling units. The land is in the RT two family dwelling district.
239. Ridge Estates III, Jonas Stone Circle, Theodore Freeman, Acceptance of
Surety, Release of Lots Ms. Nordby reported that the surety in the amount of
$70,000, as set by the Board, has been submitted for acceptance. Mr. Bowyer
suggested, that the surety be set at $70,000 for a period of one year, so that
if construction costs for completion of the work exceed the amount held, it can
be adjusted accordingly. On the motion of Mr. Sorensen, seconded by Mr. Wil-
liams, it was voted 4-0-0
That for the work remaining to be completed on the Ridge Estates III sub-
division that surety, in the amount of $70,000 and in the form of a pass-
books #70-301-151, #70-301-152, and #70-301-153 from the Somerset Savings
Bank, is accepted. The $70,000 is determined to be adequate surety until
September 19, 1989. At that time, the amount shall be evaluated to deter-
mine its relationship to the costs at that time and the amount of work
completed. If the surety held at that time will not cover the then esti-
mated construction and related costs to complete the work, it will be
adjusted accordingly and the developer may be required to deposit addi-
tional funds.
Attorney David Weiss , representing Mr. Freeman, stated the developer has applied
for the release of all lots off Jonas Stone Circle. On the motion of Mr.
Sorensen, seconded by Mr. Williams, it was voted 4-0-0 to release lots 1, 2, 3,
and 5 only.
240. Turnburry Hill, off Hill Street, Otis Brown, Discussion Ms. Nordby
reported she and Mr. Brown had discussed her letter to him, dated September 15,
1988, containing the Board's recommendations on how Mr. Brown should proceed.
Mr. Brown noted that one garage structure extends slightly into the 50 foot
perimeter buffer that the Board and the developer have agreed to maintain.
Moving the garage further into the site has severe consequences for the grading
and the topography. The Board agreed to allow this exception with the stipula-
tion that the intrusion not reduce the buffer to less than 40 feet, as shown on
Minutes for September 19, 1988 -4-
the plan. The Board reaffirmed their decision that any increase in building
footprints should be limited to 15% for any one unit, with an aggregate of 10%
increase in footprint for the whole development.
SPS APPLICATIONS
241. 19 Forest Street, Grace Chapel - Christian Education Building The Board
briefly reviewed, prior to staff review, an SPS application to be heard by the
Board of Appeals by October 26, 1988. They also approved, as amended, a draft
letter to Julian Bussgang, September 15, 1988, which responds to a proposal of
the neighbors of the Belfry Club lot that Town officials trade a Town owned
site, to be used for the church building, for this site to be used for afford-
able housing.
242. 455 Lowell Street, St. Paul's Evangelical Church The Board briefly
reviewed, prior to staff review, an SPS application to be heard by the Board of
Appeals by October 13, 1988. They noted the Building Commissioner's lengthy
list of deficiencies in the plan.
****************************** REPORTS ***************************************
243. Planning Board, Subcommittees
a. HATS II Meeting on 9/15/88 Mrs. Wood reported that Mrs. Uhrig told
her that the primary concern expressed at the meeting dealt with the pro-
posed Air Force expansion at Hanscom Field. Mrs. Uhrig also reported that
the Air Force told the North Lexington Association last March there would
be no increase in traffic in Lexington because they planned to empty some
buildings on Hartwell Avenue.
b. Minute-man National Park Plan Mrs. Wood reported Mrs. Uhrig told her
that the HATS meeting also discussed the projected impact of the national
park plans on the surrounding towns. She added that Concord and Lincoln
have prepared their reports on the Minuteman National Park plans and have
proposed that the HATS towns prepare a joint response through HATS.
c. 331 Concord Avenue The Board noted a letter from a Mrs. Storch pro-
testing the size of the barn under construction. Mr. Sorensen asked what
uses are permitted on that site. If the businesses there are not permitted
today, but are pre-existing non-conforming businesses, a special permit
would be required if the barn has been torn down, and the barn can be
rebuilt no larger than it was previously. He also asked how steep does a
roof have to be before it is considered another story. Mr. Williams said
he thought the building started as a one story barn. The Board agreed they
questioned the size of the rebuilt barn, and the legality of the uses
today, and directed the staff to look into this.
244. Planning Director
a. 186 Bedford Street Mr. Bowyer reported on an RD proposal, for 14
dwelling units , that has been sent to him by Urban Access. He noted that
the property does not meet the minimum lot area required in an RD district.
Minutes for September 19, 1988 —5-
The Board agreed the staff should tell the developer it cannot support a
proposal that does not meet the minimum requirements stated in the Zoning
By—law.
245. EXECUTIVE SESSION, Litigation Against the Town At 10 15 p.m., on the
motion of Mr. Sorensen, seconded by Mrs. Klauminzer, and after an individual
poll of the four members present, it was voted unanimously (4-0) to go into
Executive Session to discuss litigation against the Town, where discussion in
open session may have an adverse impact on the outcome of the litigation, and to
reconvene in open session only for the purpose of adjourning.
The Board returned to open session at 10 36 p.m.
The meeting was adjourned at 10 37 p.m.
Eleanor Klauminzer, Clerk