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HomeMy WebLinkAboutPlanning Board Minutes 1990-01-22 PLANNING BOARD MINUTES MEETING OF JANUARY 22, 1990 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 the Chairman, Mrs. Wood, with members Klauminzer, Uhrig, Williams, Assistant Planner Nordby and Secretary Peters present. Mr Sorensen arrived at the beginning of Item 15. 13. Review of Minutes The Board reviewed the minutes for the meeting of January 8, 1990. On the motion of Mrs. Klauminzer, seconded by Mr Williams, it was voted 4-0 to approve the minutes, as written ************* ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ********* PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 14. Form A/90-1. Clematis Road. Francis W. Smith: The Board reviewed a plan showing a change in lot lines resulting in two lots, both with frontage and lot area conforming to the zoning requirements of the district. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 4-0: to endorse the plan entitled " Plan of Land in Lexington, Mass. (Middlesex County) , dated May 20, 1986, by BSC - Bedford, certified by Roger M. Corbin, Registered Land Surveyor, with Application Form A/90-1 by Francis W Smith, as it does not require approval under the Sub- division Control Law RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 15. Hearincs Scheduled for February 8. 1990 Mrs. Uhrig gave an oral review of the following applications 1040 Waltham Street, Children's Hospital, SP, for a free-standing sign to identify the location of the Children's Hospital Specialty Care Center, in addition to an existing free-standing sign ( in front of #1050 Waltham Street) which identifies both buildings. Mrs. Uhrig reported there is confusion as to where the Specialty Care Center is located. The applicant wishes to clearly identify his location at #1040 Waltham Street. On the motion of Mr. Sorensen, seconded by Mrs. Kluminzer, it was voted 5-0 to recommend the special permit be granted with the condition that this will be the only sign permitted for the building at #1040 Waltham Street. 40 Hartwell Avenue, M.I .T. Lincoln Lab. , to renew SP for the minimum time necessary to evacuate and remove a temporary structure. The Board noted that the applicant has already received a three-month renewal of the one-year special permit allowing the temporary structure, which expired 11/10/89. In its decision, granting the three-month special permit renewal, the Board of Appeals stated "continuous renewal of a one-year special permit for a temporary structure does not fit the definition of a temporary structure and is not consistent with the general purpose of the Zoning By-Law." They granted the three-month extension to allow the applicant to prepare an orderly plan for removal of the temporary structure in less than one year. Minutes for the Meeting of January 22, 1990 2 Mr. Williams moved the special permit be granted for no more than nine months. There was no second. On the motion of Mr. Sorensen, seconded by Mrs. Uhrig, it was voted 5-0 that, with reluctance, the Board recom- mends the special permit be granted for no more than three months, in view of the fact there is vacant office space in the area. 196 Woburn Street, Jehovah's Witnesses, Inc. , SP, to modify the 25 foot transition screening area. The Board agreed this proposal would result in too intense a use of a substandard lot. They noted the parking area does not conform to the requirements set forth in the Zoning By-Law. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 5-0 to recommend the special permit not be granted, since there is no room for the landscape transition area, if the parking requirements of the Zoning By-Law are met; and the lot is surrounded by residentially zoned property, including vacant lots and the back yards of lots on Webb Street, which should be screened from non-residential parking areas. 80 Westview Street, Colin Richardson, variances, to construct an automobile repair facility with a front yard setback of 3 feet instead of the 100 feet required and a rear yard setback of 13.5 feet instead of the 75 feet required. Mrs. Uhrig reported that the judge, hearing the appeal brought by the neighbors, had remanded this case back to the Board of Appeals to clarify why they had granted the variances allowing a minimum rear yard setback of 13.5 feet, instead of the 75 feet required, and a front yard setback of three feet, instead of the 100 feet required. On the motion of Mrs. Klauminzer, seconded by Mr. Sorensen, it was voted 5-0 to recommend that all three variances not be granted, since it would place too great an impact on the residential character of the neighborhood. The Board also agreed to make no comment on the following application 160 North Street, Julie & Bill Beauchamp, variance, to add a second floor addition with a front yard setback of 23 feet to the roof overhang instead of the required 30 feet. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 16. CUS 89-4. Valley Road. Lot 18-A. Maria Massucco Michael Sacco, repre- senting the applicant, presented reasons why the applicant thought the Board's December 11, 1989 determination, of what would be required to bring Valley Road up to adequate grade and construction relative to their building lot, was unreasonable, The Board commented that a previous determination of the condition of Valley Road, made by the Board two years earlier, had required that applicant to regrade the dirt portion of the roadway. They noted that the roadway was in worse condition today than it had been before the regrading was done The Board hoped that by beginning at the point where the pavement ends, and by requiring any future applicant to bring 300 feet of unpaved roadway up to Town standards, a start would be made towards bringing the entire length of the roadway up to Town standards. Mr Sacco presented a memo, dated January 22, 1990, outlining the applicant's position. The Board agreed that the memo should be reviewed by Town Counsel Minutes for the Meeting of January 22, 1990 3 and the Planning Director, and their comments be reported to the Board as soon as possible. SUBDIVISION OF LAND 17. Tidd Circle. North Emerson Road. Oscar Cormier Final Release of Surety Ms. Nordby reported that the "as-built" plans, for the Tidd Circle and North Emerson Road segments of the Simonds Estates Subdivision, have been approved; that the "cost to construct" of the remaining work in the subdivision at Mead Circle is $20,000; and that the amount of surety to be retained to ensure completion of the facilities to Town standards at Mead Circle, including contingency, escalation and administrative costs, is $30,000. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 5-0 1) that the three separate deposits held for the completion of the community facilities at Simonds Estates subdivision, $5,000 for North Emerson Road, $31,000 for Tidd Circle, and $15,000 for Mead Circle, for a total amount of $51,000, be combined in consideration for the completion of the work on the entire subdivision. 2) that the surety on deposit be returned as follows $21,000 in the form of passbook #22396, $15,000 in the form of passbook #22545, and $1,000 from passbook #22858 with the amount of $30,000 to remain on deposit in passbook #22858 for the completion of the construction of the community facilities in Mead Circle. 3) that the covenant from Oscar Cormier, Owner, dated March 14, 1983, shall remain in force and effect until such time as all the streets in the Simonds Estate subdivision, Tidd Circle, North Emerson Road and Mead Circle are accepted by the Town of Lexington as a public streets. 18. Orchard Crossinc John Sweeney Release of Lot 16 Ms. Nordby reported that the applicant has asked for the release of Lot 16, and that sufficient surety has been provided to complete the subdivision. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 5-0 to release Lot 16. 19 Carriace Drive. Woodhaven Realty Trust. Release of Lots 4 5A and 7 Ms. Nordby reported that the applicant has asked for the release of Lots 4, 5A and 7, and that sufficient surety has been provided for completion of the sub- division. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 5-0 to release Lots 4, 5A and 7. 20. Turnburry Hill Subdivision Otis Brown Ms. Nordby reported that the "Cost to Construct" for the remaining work at the Turnburry Hill subdivision, as approved by the Engineering Department, is $35,045; that the original "Cost to Construct" for this subdivision was $238,487; and that the amount to be held for any subdivision can never be less than 15% of the original "Cost to Construct," in this case $35,773. She added that other fees added bring the total to $49,716 On the motion of Mr Sorensen, seconded by Mrs. Klauminzer it was voted 5-0 1) to set the amount of surety at $50,000, which is 15% of the total "Cost to Construct," plus contingency, escalation deposit, and admini- strative costs, as the amount necessary to hold until the completion of the community facilities and the subdivision Minutes for the Meeting of January 22, 1990 4 2) that this level of surety is determined to be sufficient through February 1, 1991 only. If the subdivision is not completed by that time, the amount of surety needed will have to be reevaluated to determine its relationship between the then applicable construction costs and the work remaining to be completed. If little or none of the work that remained, at the time this surety was posted, is completed by February 1, 1991, 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. RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 21. January 11. 1990 Hearings. Discussion of Decisions The Board expressed concern over the Board of Appeals' granting of a variance for a side yard setback of 0.10 ft. for a residence at 49 Bartlett Ave ; allowing the expan- sion of a non-conforming use at the Bedford Street Mobil Gas Station; and not requiring any landscaping plan in granting the special permit to Just Chicken, Inc. , 315 Woburn Street. They agreed to write the Board of Appeals expressing these concerns after the decisions are received by the Board. *********************** ARTICLES FOR 1990 TOWN MEETING **************** 22. ARTICLE B. Bed and Breakfast The Board reviewed and edited a draft of the article, as of 1-22-90 They agreed to delete paragraphs 1) , 2) and 3) under 5 5 1 - Objectives. Mr. Williams and Mrs Uhrig will schedule a meeting for interested residents to discuss the proposed article, prior to the public hearing February 26, 1990 *********************** AFFORDABLE HOUSING ******************************* 23. Waltham Street. Comprehensive Permit The Board reviewed and edited a January 22, 1990 draft of the position on the Waltham Street comprehensive permit application they are preparing. They agreed there was a real need for more three-bedroom rental units, and that at least 30% of the subsidized units should be three-bedroom units, and at least 60% should be two-bedroom units. Some members wished to see more housing located adjacent to Waltham Street. *************************** REPORTS ************************************* 24. Planning Board, Subcommittees a. Memo from Moderator Mrs. Wood reported that at the critique of last year's Town Meeting, new guidelines were agreed on to limit to one, the number of "special" presentations per night, and to not permit presentations by groups or individuals. b Lexington Center Committee Mr. Williams reported that two documents have been prepared, outlining guidelines on actions to be taken by the Town and actions to be taken by private citizens LJ The meeting was adjourned at 10 40 p.m. David G. Williams, Clerk