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HomeMy WebLinkAboutPlanning Board Minutes 1990-02-26 PLANNING BOARD MINUTES MEETING OF FEBRUARY 26, 1990 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. Wood, with members Klauminzer, Sorensen, Uhrig, Williams, Planning Director Bowyer, Assistant Planner Nordby and Secretary Peters present. 36. Review of Minutes: The Board reviewed the minutes for the meeting of February 12, 1990. On the motion of Mr. Williams, seconded by Mrs. Klaumin- zer, it was voted 5-0 to approve the minutes, as written. ****** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ******** RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 37. Hearings Scheduled for March 8 1990 Mrs. Klauminzer gave an oral review of the following applications. 324 Marrett Road, Gulf Refining and Marketing Co. , determination that the proposed revision to replace an externally illuminated sign with an internally illuminated sign is a minor revision, and no public hearing is required. Mrs. Klauminzer noted that a special permit is required for the internally illuminated sign requested, though it is not required for the externally illuminated sign it would replace. The Board did not see how this could be considered a minor revision. On the motion of Mr. Sorensen, seconded by Mr. Williams, it was voted 5-0 to recommend a ( special permit be required for the change in signs L190 Woburn Street, Jehovah's Witness, Appeal of the Zoning Officer's decision to deny a building permit because the plans submitted failed to demonstrate compliance with Section 10 of the Zoning By-Law, and an SP to modify the 25 foot transition area screening area requirement. The Board noted that its recommendations, to support the Zoning Officer's decision, were contained in a letter to the Board of Appeals, dated February 21, 1990 The Board also agreed to make no comment on the following applications 3 Meriam Street, Marie Koutoudakis, SP, to install a projecting sign. 18 Whipple Road, Curtiss Priest, SP, to allow a radio satellite antenna on the roof of a dwelling. 38. Hearings Scheduled for March 22. 1990. Mrs. Klauminzer gave an oral review of the following applications. 201 Massachusetts Avenue, Sheila Robinson - Movies & More, SP, to internally illuminate an existing sign. Mrs. Klauminzer reported they have requested the internal illumination of the sign because the applicant felt the commercial area lacked "ample" lighting, and in the evening it was difficult to identify the store. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 5-0 to make no recommendation, except to point out that the excessive amount of paper signs, that almost cover the window area, are unsightly 519 Lowell Street John Kyprianos, Variance and SP, to convert a single family dwelling to a two family dwelling and to allow the continued use Minutes for the Meeting of February 26, 1990 2 of the second dwelling unit. Mrs. Klauminzer reported that the noncon- forming property has been used as a two family dwelling since at least 1940 and perhaps as early as 1924, and that the applicant wishes to legalize the use by variance since the gross floor area of the dwelling is 1,728 sq. ft. instead of the 2,500 sq. ft. now required by the Zoning By-Law The Board agreed it wished to encourage more diversity of housing in Lexington. On the motion of Mrs Klauminzer, seconded by Mr Williams, it was voted 5-0 to recommend the variance and special permit be granted. 80 Westview Street, Midnight Motors, continued hearing, Board of Appeals deliberations The Board noted that its recommendations were contained in a letter to the Board of Appeals, dated February 1, 1990. The Board also agreed to make no comment on the following applications 7 Tarbell Avenue, Robert & Maribeth Ivarson, variances from rear and side yard setbacks for an addition to a nonconforming dwelling. 32 Edgewood Road and 28 Meriam Street, Henry & Carol Reiling, SP, common driveway. At 7 55 p.m. , the Chairman recessed the meeting to Estabrook Hall for a public hearing on Planning Board Article 40, Bed and Breakfast. ******************* ARTICLES FOR 1989 TOWN MEETING ***************** 39 PUBLIC HEARING. Article 40 Bed and Breakfast Mrs. Wood opened the hearing at 8 02 p.m. by reading the legal notice and explaining the procedure that is followed by the Board at its public hearings. Approximately 26 residents attended. Following a presentation of Article 40, as of January 23, 1990, by Mrs. Uhrig and Mr Williams, Mrs. Wood asked for questions and com- ments from the Board and the audience. Frank Sandy, 353 North Emerson Road, questioned the need for a separate bed & breakfast amendment to the Zoning By-Law, and asked why this use could not be regulated under sections of the Zoning By-Law that deal with roomers and boarders. Anton Morton, 3 Rolfe Road, a Bed and Breakfast operator as well as a 28 year Lexington resident, spoke for the Bed and Breakfast operators, who thought the proposed By-Law amendment was unreasonably restrictive and would greatly hamper Bed and Breakfast operations He spoke favorably of the benefits the Town would receive if it encouraged Bed & Breakfasts. He asked that the Board consider eliminating provisions that operators felt were overly restrictive and unnecessary. Comments from other residents were variations on this theme, and came from approximately 10 other residents. Concerns about the impact of Bed & Breakfast operations on Town services were also expressed. Board members commented that the purpose of the article was to legitimize a use that presently is illegal in Town; that they were here to listen; and that the Board would consider the concerns expressed as they prepare the final draft of the article. Mrs Wood declared the hearing closed at 9 32 p m. , and recessed the meeting to Room G-15, Town Office Building. Minutes for the Meeting of February 26, 1990 3 At 9 39 p.m. , Mrs. Wood reconvened the meeting in Room G-15, Town Office Building. ******** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ******* 40. Carchia Woods. McKeever Drive. Release of Lot 1 Ms. Nordby reported that the applicant has asked for release of Lot 1 and that sufficient surety has already been provided to complete the subdivision On the motion of Mr. Sorensen, seconded by Mrs. Uhrig, it was voted 5-0 to release Lot 1. 41. Orchard Crossing. Joseph Castelli Release of Lots 8 and 9 Ms. Nordby reported that the applicant has asked for the release of Lots 8 and 9, and that sufficient surety has already been provided to complete the subdivision On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 5-0 to release Lots 8 and 9. RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 42. Recent Board of Appeals Decisions Joining the discussion was Zoning Officer, Joseph Marino. The Board's discussion focused on. 1) how to enforce landscaping requirements under Section 11 of the Zoning By- Law, when an applicant applies for a special permit and no landscape plan is included with the application, as occurred in the Just Chicken application for a special permit, heard on January 11, 1990, and the L'Alouette application for a special permit, heard on January 25, 1990, which were both filed with no landscape plan included in the application. The Board noted that at the Just Chicken hearing, the applicant offered to work with the landlord and other tenants to develop a landscape plan for the site. Mr. Marino said the only way to enforce the provisions of the Zoning By-Law in this type of case, would be for the application not to be accepted until it is complete and in compliance with the requirements of the Zoning By-Law. He added that in the future, he hopes to be more successful in ensuring that incomplete or incorrect applications are not accepted for processing by the Board of Appeals. 2) what to do about the variance granted by the Board of Appeals on the application, heard on January 11, 1990, to allow a front yard setback of 18 feet instead of the 30 feet required, and a side yard setback of 0.1 foot, instead of the 7.5 feet required, at 49 Bartlett Ave. On the motion of Mr. Sorensen, seconded by Mrs. Uhrig, it was voted 5-0 to appeal these Board of Appeals decisions to Superior Court. When it was found that the appeal period had already expired, the Board agreed to send letters, to the Board of Appeals and the Town Manager, expressing its concerns over the granting of special permits for Just Chicken and L'Alouette with no landscape plans included in the application, as required by the Zoning By-Law, as well as its concern over the granting of the variance at 49 Bartlett Street, that allowed a 0.1 foot side yard setback on one side of the lot. I _- Minutes for the Meeting of February 26, 1990 4 *************************** AFFORDABLE HOUSING ************************* 43. Lexington Ridge. Waltham Street Comprehensive Permit The Board review- ed a draft of the Planning Board Position on the Comprehensive Permit Applica- tion, Waltham Street as of February 26, 1990, making corrections. Under the section entitled TRANSPORTATION-CIRCULATION, they agreed to add to the Board's position, three recommendations taken from the South Lexington Civic Associa- tion report on the proposed project 1) that the main entrance to the devel- opment should be located directly across from the Brookhaven entrance; 2) that the possibility of a traffic light being installed there should be explored; and 3) that provisions should be made to establish a bus service, in conjunction with others, at the entrance of the development for buses traveling along Waltham Street to adjoining towns. The Board also agreed to add the recommendation that there should be a well demarcated access provided for residents and townspeople into the conservation land behind the development On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 5-0 to approve the Planning Board Position on the Comprehensive Permit Application, Waltham Street, as amended. *************** COMMUNICATIONS FROM STATE AGENCIES ********************* 44. East Village Nursing Home. MIFA Letter of 2-13-90 Mr. Sorensen com- mented, and the Board agreed, that it was an inappropriate use of MIFA (Mass. Industrial Finance Agency) tax free bonds to finance the takeover of an existing enterprise, where nothing new will be built, as opposed to using the bonds to stimulate new business or growth. On the motion of Mr. Sorensen, seconded by Mr. Williams, it was voted 4-0-1 (Mrs. Klauminzer abstained) to send the Board's comments to MIFA. ************************** REPORTS ************************************ 45. Planning Board Subcommittees a. Moderator Sponsored Meetings Mrs. Wood reported that Mrs. Klaumin- zer will represent the Board at the new Town Meeting Members orientation meeting on March 13, and that Mrs. Wood will attend a meeting on the articles, with sponsors, finance committees and Town Counsel also attending, on March 22, 1990. 46. EXECUTIVE SESSION. Litigation Against the Town At 10 48 p.m. , after an individual poll of the five members present, it was voted 5-0 to go into Executive Session to discuss potential litigation against the Town concerning the determination of the adequate grade and construction of Valley Road, and current litigation against the Town concerning Tracer Lane; and to reconvene in open session only for the purpose of adjourning. The Board returned to open session at 11 14 p.m The meeting was adjourned at 11 15 p.m. David G. Williams, Clerk N