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HomeMy WebLinkAboutPlanning Board Minutes, 1993-12-20 PLANNING BOARD MINUTES MEETING OF DECEMBER 20, 1993 • The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7 33 p m. by Chairman Williams, with members Canale, Domnitz, Planning Director Bowyer, and Assistant Planner Marino present. Mr. Grant arrived during Item 187. Mrs Davison was absent ************************ PLANNING DIRECTOR'S REPORT ************************** 181. Recent Activity• a. 668 Lowell Street, Buttermere Drive Development. Pat Austin Rollout The Board looked briefly at a plan for a four lot cluster subdivision of a parcel of land at 668 Lowell Street, filed on December 14, 1993 b. Haves Lane Mark Moore CUS 93/3 Rollout The Board looked briefly at a preliminary street construction plan for Hayes Lane. *********************** ARTICLES FOR 1994 TOWN MEETING *********************** 182. Zoning Amendments a. Jumbo House Mr. Domnitz outlined some of the issues involved in the jumbo house amendment that the Board discussed before the 1993 Town Meeting The Board had withdrawn the article before it was brought up at Town Meeting, but they may revive it for the 1994 Town Meeting The amendment seeks to relate the yard setback requirements to the size of homes built. Mr Domnitz said that if the new rule were to affect all houses upon passage many houses would become non-conforming. Mr Williams thought this would ensure its defeat at Town Meeting Mr. Bowyer pointed out that if the Board decided to have the jumbo house provision apply to all situations (not just within subdivisions) and include existing houses, it would have to be made consistent with paragraph 7.4 1 that grandfathers older existing undersized lots. Mr Domnitz noted that previous proposed zoning amendments would have taken development potential away from small lots and that has hurt their chances for passage. This amendment preserves that potential, providing the house is modest, enhancing the prospects for younger people and those of modest means to come into town. Mr. Williams pointed out that it will make a house's lack of value more pronounced if it is on an undersized lot b. Technical Corrections The Board discussed briefly the merits of the list of changes to the Zoning By-Law that Ephraim Weiss would like the Board to address. It was agreed to ask the Board of Selectmen to reserve space in the warrant for a possible article dealing with them ****************************** AFFORDABLE HOUSING ****************************** 183. Scattered Site Housing, Woodland Road. Mr Domnitz reported that he has received numerous calls from residents about the LexHAB's proposal to build an affordable housing unit on a town-owned lot on Woodland Road. The lot would have to be transferred by the School Committee and approved by the Town Meeting for this Minutes for the Meeting of December 20, 1993 2 use. The Board agreed to defer discussion on the subject until more information is available ********************************* MINUTES *********************************** 184. Review of Minutes The Board reviewed and corrected the minutes for the meeting of October 25, 1993. On the motion of Mr Canale, seconded by Mr. Domnitz, it was voted 3-0 to approve the minutes, as amended. The Board reviewed the minutes for the meeting of November 15, 1993 On the motion of Mr Canale, seconded by Mr. Domnitz, it was voted 3-0 to approve the minutes, as written The Board reviewed and corrected the minutes for the meeting of November 22, 1993 On the motion of Mr. Canale, seconded by Mr Domnitz, it was voted 3-0 to approve the minutes, as amended The Board reviewed and corrected the minutes for the meeting of December 6, 1993 On the motion of Mr Canale, seconded by Mr Domnitz, it was voted 3-0 to approve the minutes, as amended. The Board reviewed the minutes for the meeting of December 13, 1993. On the motion of Mr. Canale, seconded by Mr Williams, it was voted 3-0 to approve the minutes, as written. ********************************* REPORTS ************************************ 185 1993 Annual Report The Board reviewed and corrected a draft of their Annual Report. On the motion of Mr Canale, seconded by Mr. Domnitz, the Board voted unanimously to approve the report as amended. 186 Planning Board. Subcommittees a. Cambridge Reservoir Watershed Advisory Committee Mr Domnitz reported that he had heard at the Cambridge Watershed Advisory Committee meeting that Polaroid Corporation has acquired more land to the west of their site on Winter Street and is planning an office park there. The property spans two watersheds Polaroid has filed an Environmental Notification Form. b. Minuteman Bikeway Committee Mr Canale reported that apparently the State Highway Department has said it will not spend money for any of the three railroad bridges over the bikeway they were planning to replace with concrete culverts. Two of the bridges are in Arlington, the other is at Maple Street in Lexington. State Senator Robert Havern was quoted as saying that replacement of the Lexington bridges is on hold for three years Other design alternatives, without culverts, may be explored. c. Center Committee Mr. Williams passed out copies of a map that shows all of the parking areas in the center and satellite parking The Chamber of Commerce has done a parking survey of businesses that Mr. Williams believes indicates that there is not a significant problem at present There are unrented spaces in the lots available so the parking problem can't be all that bad. Mr Bowyer said that some of the suggestions were quite useful and might produce 25 or 30 new parking spaces in the Center. Allowing free all-day parking on adjoining 3 Minutes for the meeting of December 20, 1993 neighborhoods from 6 00 a.m. until 10 00 a.m. , when it is now prohibited, seems to be a popular choice among business people for helping to solve the parking problem although it will be resisted by residents. d. Design Advisory Committee Mr. Canale reported that with all the benches being donated by residents and installed in the Center, the Design Advisory Committee is concerned that the saturation point has been reached. They are therefore working on a master plan that will address that question as well as the placement of rest stops on the Bikeway. Other parts of town will also be considered as possible sites for these installations ***************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************** DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 187 Outlook Drive Paul Shafer. CUS 93/1. Definitive Street Construction Plan Paul Shafer was present Mr. Marino explained that the definitive street construc- tion plan before the Board was prepared to respond to direction the Board gave the applicant after their review of the preliminary street construction plan It has been examined by the Engineering Department who recommend a number of changes to the plan. On the motion of Mr Domnitz, seconded by Mr. Canale, the Board voted 3-0 to accept the definitive street construction plan with the additional changes and recommenda- tions specified by the Engineering Department in their memo of December 6, 1993. ******************* PLANNING BOARD ORGANIZATION, SCHEDULE ******************* 188 Amendment to the Selectmen/Town Manager Act Town Manager Richard White, and Town Counsel Norman Cohen joined the meeting at 9 03 p.m. Mr Williams explained that certain members of the Board are interested in amending the Selectmen/Town Manager Act to allow the Planning Board a part in the appointment and direction of the Planning Director They feel that the staff is busy on projects for the Town Manager that prevent them from helping the Board. Mr White said he did not realize the Board feels it does not have enough say in how the staff spends its time He is more than willing to meet with them to make sure they get the service they need and the Town gets the service it needs from the planning staff. The second issue he has heard is that the Board would like some input into the evaluation of the Planning Director. He will set up a formal mechanism for the Planning Board and other boards and committees to have input in the evaluation of the staff they work with. Mr. Domnitz said he thought the issue of time allocation and performance review go hand in hand. The Town Meeting membership is under the impression the Planning Department reports to the Planning Board Over the past year because of constraints placed on the Director's time by the town administration, Board members have had to do almost all of the zoning amendment preparatory work. He believes that it suffers in two ways technically it is not as good as possible; and it doesn't get the moral support needed to convince Town Meeting He feel that it is particularly important before Town Meeting to be able to count on the Planning Department Mr. Domnitz went on to say there is a structural issue in town government. Although the Board is independently elected, it does not have independent staff or an independent legal budget He said the School Committee has a staff that reports to Minutes for the Meeting of December 20, 1993 4 it and the Board of Selectmen has a staff that reports to it, but the Planning Board has a staff that has to juggle two supervisors, which leads to an uncomfortable 1 situation for the Board and the Department The Planning Department should report to one entity. Mr. White responded that the Planning Board does have staff available but he wanted to concentrate this evening on a mechanism to resolve the issue He would like the Board to feel the relationship can work as currently structured and would like an opportunity to make it work now that he understands the Board's concerns. As he understands planning, he has not asked the staff to work on any project that did not meet that definition under the statute Perhaps his support for planning activities has gotten in the way of the Board's achieving its goals. We can meet regularly to make sure everyone is achieving their goals Mr Domnitz asked if there is a mechanism for the Town Manager to come to Planning Board meetings to talk about staff's time allocations Mr. White said he finds it difficult to communicate with everyone who wants to be communicated with but he has set up a meeting of all the chairmen of boards and committees every month to discuss operational issues From there Mr. White said he would meet one on one with the Planning Board chairman in addition to his monthly meetings with commission and committee chairman. Mr. White added that he would do that although many people ask for his time, especially before Town Meeting Mr. Domnitz commented that he saw the Planning Board as being in a different class from other boards and committees appointed by the Board of Selectmen or the Town Manager In other towns where the Planning Boards are elected, they are very powerful. Mr Cohen observed that the powers of Planning Boards are the exactly the same in all towns as they are set by state law. He urged the members who want to amend the Selectmen/Town Manager Act to realize they are acting directly opposite of what is going on in the state. Towns and cities are trying to centralize. The municipal- ities that in trouble are the ones that have all independent commissions, commit- tees, with their own staff off doing their own thing with their own payrolls. In 1968 when we adopted the Selectmen/Town Manager Act, Lexington centralized its government, 20 years ahead of its time. Mr White said he would like to set up a formal mechanism for determining what work product the Board wants to achieve and what he thinks is important from a planning perspective He doesn't want the Planning Board going into Town Meeting feeling unprepared and unsupported. Mr Williams regretted that Mrs. Davison was not there, because she felt very strongly that she could not do certain things in Town Meeting last year because of her perception that she was not being given adequate help. Mr. Canale said that as new member last year, he had questions about how the relationship between the Board and staff works. He said that he would like to know what things the staff is doing for the town that are planning activities and the Planning Board should be involved in. He asked that those items be brought to the Board's attention and that there be a discussion of what are the planning activities beyond zoning and subdivision that the Board should be doing Mr Domnitz said there are two things that the Board members who brought up amending the Selectmen Town Manager want 5 Minutes for the meeting of December 20, 1993 1. A reasonable amount of the staff's time in an undivided way and the ( staff's loyalty, and 2. In certain cases where the Board of Selectmen are on the opposite side of an issue from the Planning Board, they would like to see the Planning Department work for the Planning Board, with a degree of exclusivity and not for the other side. Future Boards of Selectmen might be more pro- development and in opposition to the Planning Board He would like to see more empowerment of the Board Mr. White responded that both sides must have access to the staff's expertise. He, as Town Manager and other members of the staff, are expected to be available to provide the pros and cons of a question. Mr Williams said that as Chairman he has always had access to the Town Manager and assumed that relationship would continue. Mr. White agreed. The Manager expressed his support for planning studies like the Land Use Report, which he believes will be a very useful document for years to come He explained that he urged the completion of the Development Regulations to reduce the Town's legal liabilities. He suggested it would be useful to communicate his ideas directly to the Board to keep them informed of what he is asking the planning staff to do. In response to Mr. Domnitz's remark about the present arrangement of the staff's reporting to both the Board and to the Town Manager, Mr. Bowyer said that when he interviewed for the position of Planning Director in 1980, he pointed out to then Town Manager Robert Hutchinson that the Planning Director here, like many in the state, serves two masters, a mayor or a manager and a Planning Board. Mr. Hutchin- son said he would look into it. Mr Bowyer said it is not a new problem; it is not unique to Lexington. We have muddled through in Lexington. Mr White said two considerations are important 1. we should not jump into a solution until we have thoroughly analyzed the problem; 2. in this budgetary environment, it is not good to expose the problem He regards the Planning Department as essential, not a frill, while others may question spending on planning compared to other town services. He concluded by saying the Board had called the problem to his attention He was confident a workable solution to the problem can be found through better communica- tion. By a poll of the Board, it was agreed unanimously to not submit an article to amend the Selectmen/Town Manager Act. ***************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************** SUBDIVISION OF LAND 189. Rockville Avenue Mr Williams asked about the status of the Shea/Rockville Avenue case and whether the Board would be required to take a position. Mr. Bowyer reported Shea filed for a rehearing before the Appeals Court which it has already denied. Shea has also filed an appeal with the Supreme Judicial Court. Mr Bowyer reported he had today received Attorney Art Krieger's brief to the Supreme Judicial -' Court. He will have copies made for the Board. Minutes for the Meeting of December 20, 1993 6 Mr Domnitz asked whether Shea could build a street now. Mr Bowyer said he believes Shea is not in a position to build a street under the 1993 Development Regulations. A person cannot build a street without the Planning Board approving a definitive subdivision plan 190. Tracer Lane Mr. Bowyer reported that he had not heard anything from Mr. Nahigian about the Tracer Lane subdivision. If Mr. Nahigian wants to change the design of the roadway, he can either have his plan rescinded or withdraw it and file a new plan that would be subject to the new Subdivision Regulations Or he could proceed with the plan approved in July, have the covenant endorsed and filed, then come back and seek an amendment to an approved subdivision plan. ******************* PLANNING BOARD ORGANIZATION, SCHEDULE ******************* 191. January Meeting Schedule The Board set a meeting for Monday, January 24, 1993 Already scheduled is a meeting on January 10, 1994 The meeting was adjourned at 9 59 p m. // n 4 facue* me B. Davison, Clerk