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HomeMy WebLinkAboutPlanning Board Minutes 1990-03-19 PLANNING BOARD MINUTES MEETING OF MARCH 19, 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 Domnitz, Klauminzer, Uhrig, Williams, Planning Director Bowyer, Assistant Planner Nordby and Secretary Peters present. 53. Review of Minutes Mr. Domnitz abstained from voting on the minutes reviewed as he was not a member of the Board when these meetings were held. The Board reviewed the minutes for the meeting of February 26, 1990, making corrections On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted 4-0-1 to approve the minutes, as amended. The Board reviewed the minutes for the executive session of February 26, 1990, making corrections. On the motion of Mr. Williams, seconded by Mrs. Klaumin- zer, it was voted 4-0-1 to approve the minutes, as amended. The Board reviewed the minutes for the meeting of March 5, 1990. On the motion of Mrs. Uhrig, seconded by Mrs. Klauminzer, it was voted 4-0-1 to approve the minutes, as written. ********************** REPORTS ***************************************** 54. Planning Director a. 246 Concord Avenue Mr. Bowyer reported an informational meeting on the preliminary plan for a two lot subdivision, filed by George Issaian, should be held very soon. The Board agreed to schedule it for April 2, 1990 at 7:15 p.m. in Room G-15, Town Office Building. **************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ********** RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 55 Hearings Scheduled for Anril 12 1990 Mrs. Uhrig gave an oral review of the following applications scheduled to be heard by the Board of Appeals. 229 Follen Road, Bruce Maloof, renewal of a special permit to continue to use a portion of his residence as an office. The Board agreed to recommend the special permit be renewed with the same conditions that were contained in the most recently granted special permit. The Board also agreed to make no comment on the following applications 79 Grant Street, Emanuele Coscia, SP, to expand the second floor of a nonconforming single family dwelling with no increase in site coverage. 1 Childs Road, Jay & Cathy Kaufman, SP, to add a second floor bedroom with no change in site coverage. Minutes for the Meeting of March 19, 1990 2 108-110 Bow Street, Vande Ponte, Appeal of Zoning Officer's decision The Board agreed to postpone consideration of its recommendation on this application until the next meeting and discuss it with the Zoning Officer. SUBDIVISION OF LAND 56. Carcia Wood. McKeever Drive Release of Lot 4 Ms. Nordby reported that the applicant has requested the release of Lot 4 and that sufficient surety has already been provided to complete the subdivision. On the motion of Mrs. Klauminzer, seconded by Mrs. Uhrig, it was voted 5-0 to release Lot 4. 57. Turnburry Hill. Otis Brown. Vote to Accent Surety Ms. Nordby noted that at its January 22 meeting, the Board voted to set surety at $50,000, as the amount sufficient to complete Turnburry Estates. The document for securing this surety has been submitted and approved by Town Counsel. On the motion of Mrs. Klauminzer, seconded by Mrs. Uhrig, it was voted 5-0 that the surety, in the form of a Performance Bond, with Otis S. Brown, as Principal, and The Hanover Insurance Company, in the amount of $50,000, for the completion of the construction of the community facilities at Turnburry Estates shall be accepted. 58. Northgate Circle Manganello. Minor Revision to Certificate of Action Mr. Bowyer reported that the only work remaining to be completed is to set the bounds, which has been delayed because of weather. He noted that, for the Turnburry Hill subdivision, the Board had previously agreed to approve a temporary revision to the Certificate of Action and the Special Permit empowering the Building Commissioner to grant temporary certificates of occupancy for two homes there due to weather related delays. He suggested that the Board consider this option for Lot C in Northgate Circle. Mr. Bowyer also called the Board's attention to a document, signed by the homeowner at Lot C in Northgate Circle, stating that the he understood the temporary certificate of occupancy would expire on May 1, 1990, and that after that, he agreed to pay any fine imposed by the Zoning Officer if he continued to occupy the home after the expiration of the temporary certificate of occupancy. On the motion of Mrs. Klauminzer, seconded by Mrs. Uhrig it was voted 5-0: 1. That the Board determines: a. the request to allow the issuance of a temporary "certificate of occupancy," for the dwelling on Lot C at the North Street Develop- ment, is a minor revision to the Certificate of Action and the Special Permit and permission to occupy the dwelling does not result in any change in the physical improvements described in the plan and therefore does not require a revision to these documents or a public hearing; b. that due to winter weather conditions, it will not be possible, or desirable, to install the bounds; c. that special circumstances, relating to a prior real estate commitment for Lot C, exist that would create a hardship that warrants special treatment for this lot. Minutes for the Meeting of March 19, 1990 3 2. That the Board approves a temporary revision to the certificate of action and special permit authorizing the Building Commissioner to issue a temporary "Certificate of Occupancy" to Paul Bongiovanni to enable him to occupy his dwelling on Lot C at the North Street Development; subject to the following condition The temporary certificate of occupancy will be valid until May, 1, 1990. If all the permanent bounds are not set by that time, the temporary certificate of occupancy shall be revoked and the continued occupancy of this unit shall be considered to be a violation of the conditions of the Certificate of Action and the Special Permit and shall be subject to such penalties as the Zoning Officer may impose for noncompliance. 59. Orchard Crossing. Castelli Request to Eliminate Stone Wall: Developer Joseph Castelli presented "before and after" pictures of the area where the stone wall had stood prior to its removal. The Board had previously allowed the wall to be removed with the understanding it would be rebuilt in the same location, because it had been determined it was more rubble than wall. Mr. Castelli now asked that the Board permit them to rebuild the wall elsewhere, saying that he felt that area looked better without any wall. The Board did not agree with Mr. Castelli. It thought there was enough of a grade differential, for approximately 40 feet along the frontage on either side of the lot line between lots 4 & 5, for reconstruction of the wall in this area. They agreed that a wall there would enhance the area, which would be located in front of some existing significant trees. They also agreed that some of the removed stones should be used for demarcating the entrance of pathways to the conservation areas, as shown on the approved plan. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 5-0: to require the stone wall be rebuilt in the area along the frontage on either side of the lot line between lots 4 & 5, in front of some existing trees for a length of approximately 40 feet, so that the grade differential is delineated by the wall, and that the remainder of the removed wall need not be rebuilt. *********************** ARTICLES FOR 1990 TOWN MEETING ******************* 60 Article 36. Technical Corrections. as of 1-9-90 The Board discussed Julian Bussgang's suggestion to revise Amendment A - AS by including the word "variance" with "permit, special permit, certificate of occupancy or approval of a subdivision plan under the Subdivision Control Law". They noted this could take away, in advance, someone's right of last resort to appeal to the Board of Appeals The Board agreed to invite Mr. Bussgang to come to next week's meeting and explain why he proposes this change. The Board continued its review of the draft article, making corrections. Mrs. Klauminzer noted, and the Board agreed, that in Amendment 13 - A13, the phrase "including the access thereto," should be added following "No open space" in the third sentence of Subsection a. USABILITY. Minutes for the Meeting of March 19, 1990 4 On the motion of Mrs. Klauminzer, seconded by Mrs. Uhrig, it was voted 4-0-1 (Mr. Domnitz abstained as he did not sit on the Board for the public hearing) to drop Amendments 3 - A3, and 4 - A4. 61. Article 37. Bed & Breakfast The Board reviewed a draft of the proposed amendment, as of March 15, 1990, making corrections. On the motion of Mrs. Klauminzer, seconded by Mrs. Uhrig, it voted 4-0-1 (Mr. Domnitz abstained as he did not sit on the Board at the public hearing) to approve the draft, as amended. 62. Article 38. Parking Adjustment: The Board reviewed a draft of the motion for Town Clerk and the Planning Board report, as of March 15, 1990, making corrections. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 4-0-1 (Mr. Domnitz abstained as he did not sit on the Board at the public hearing) to approve the wording of the proposed amendment, as cor- rected, to recommend the Town Meeting approve it, and to approve the Planning Board report, as amended. 63. Article 39 Private Flags The Board reviewed a draft of the motion for Town Clerk and the Planning Board report, as of March 15, 1990, making correc- tions. On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted 4-0-1 (Mr. Domnitz abstained as he did not sit on the Board at the public hearing) to approve the wording of the proposed amendment, as cor- rected, to recommend the Town Meeting approve it, and to approve the Planning fll Board report, as amended. ********************** AFFORDABLE HOUSING **************************** 64. Potential Sites for Affordable Housing Renort. The Board discussed the report prepared by the Planning Department for the Affordable Housing Options Committee. In response to a comment from Mr. Williams, Mr. Bowyer said that any analysis of land owned by "other governmental agencies," would not be done until the Town has made decisions on the Town owned land that has been more completely analyzed in the report The Board agreed the report had been a lot of work, but it was necessary to provide this kind of basic information before any decisions can be made by the Town on what land would be most suitable for affordable housing. Mr. Williams noted that years ago he had recommended that the Meriam Street parking lot area be used for affordable housing, with parking under the housing. Mrs. Klauminzer had questions about the comments relating to Table 4 on page 10, as to how problems with access and wetness could be dealt with. ************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ******** DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 65. Valley Road. Massucco. Lot 18A The Board discussed a chart, entitled Valley Road - Existing Condition 3/19/90, prepared by Assistant Planner Nordby, on the condition of Valley Road. The Board noted that the Planning Board's "Policy on Construction Standards for Unaccepted Street", requires Minutes for the Meeting of March 19, 1990 5 that an unaccepted street be of adequate grade and construction prior to the issuance of a building permit for a new house. On the motion of Mrs. Uhrig, seconded by Mrs. Wood, it was voted 4-1-0 (Mrs. Klauminzer voted in the negative) that Valley Road, insofar as it provides frontage for Lot 18A, as shown on Map 79, is not now of adequate grade and construction; that to obtain a building permit for a new dwelling, Valley Road must be brought up to adequate grade and construction, in accordance with the Planning Board's "Policy on Construction Standards for Unaccepted Street", and as approved by the Planning Board and the Town Engineer, as follows 1. pave the road to a width of 22 feet from the sideline of lot 18A, at the edge of the Route 128 right-of-way, across the front of the lot, for a distance of 300 feet toward Bedford Street; or 2. as an alternative, make the improvements, for a distance of 300 feet, where the public way section of Valley Road ends with the result that the accepted portion of Valley Road could be extended. *********************** PLANNING BOARD ADMINISTRATION ********************* 66. Election of Officers and Signature Sheets: In response to a question from Mr. Williams, Mrs. Wood noted that Planning Board rules call for the election of officers at the first meeting after the annual elections. She added the rules also call for the election of officers at the Board's organ- izational meeting at the end of June. Mr. Williams asked that the rules be revised so that it is not necessary to hold another election in June. Mr. Domnitz agreed to work on this revision to the rules. Mrs. Wood asked for nominations for officers of the Planning Board to serve until the Board's next scheduled election. Mrs. Klauminzer nominated Mrs. Wood for chairman. The were no other nomina- tions, and the Board voted unanimously to elect Mrs. Wood chairman. Mrs. Wood nominated Mrs. Klauminzer for vice-chairman. There were no other nominations, and the Board voted unanimously to elect Mrs. Klauminzer vice- chairman. Mrs. Wood nominated Mr. Williams for clerk. There were no other nominations, and the Board voted unanimously to elect Mr. Williams clerk. The Board also updated the signature sheets required to be on file with the Registry of Deeds and the Land Court, that contain the signatures of the current Planning Board as well as the Planning Director and the Assistant Planner, who are authorized to sign for the Board in some instances. Minutes for the Meeting of March 19, 1990 6 ****************************** REPORTS ****************************** 67. Planning Board. Subcommittees a. Cambridge Reservoir Watershed Committee: Mr. Williams reported the Committee has turned over its recommendations to the Board of Selectmen, for whatever action the Board may wish to take. b. Pine Meadow-Meaaherville Site Develonment Committee: Mrs. Wood reported the Committee met last week, and has narrowed its recommenda- tions down to two proposals, one for 40 units and one for 20 units. The meeting was adjourned at 10 43 p.m. Olin" i & Y David G. Williams, Clerk fI