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HomeMy WebLinkAboutPlanning Board Minutes 1990-08-22 PLANNING BOARD MINUTES MEETING OF AUGUST 22, 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 Grant, Klauminzer, Williams, Planning Director Bowyer, Acting Assis- tant Planner Marino and Secretary Peters present. Mr. Domnitz was absent. 176. Review of Minutes: The Board reviewed and corrected the minutes for the meeting of August 1, 1990. On the motion of Mr. Grant, seconded by Mr. Williams, it was voted 3-0-1 (Mrs Klauminzer abstained as she had not attended the meeting) to approve the minutes, as amended. *********************** REPORTS ***************************************** 177. Planning Director a. Wood Street Development Mr. Bowyer reported that an appeal of Board's decision not to grant a Special Permit with Site Plan Review for the subdivision has been filed by the applicant within the 21 day appeal period. *********** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ********* SUBDIVISION OF LAND 178. Report on Subdivision Data Base: The Board reviewed a print-out list- ing all actions by the Board in processing approved subdivisions from 1980 to the present. Mr. Bowyer commented that the value of having this print-out is that the status of all subdivisions can be seen on one document. The data collected shows several actions need to be taken by the Board to bring the processing of subdivisions up to date. Renewal of Lapsed Sureties Mr. Bowyer reported that the staff would prepare letters to developers of subdivisions for which the surety has exceeded the time period specified in the most recently approved surety. The developers will be asked to submit revised estimates of "cost to construct" on the amount of work remaining to be completed. 179. Northgate Circle off North Street Acceptance of Street All work has been completed and the street can be proposed to the 1991 Annual Town Meeting for acceptance as a public street by the Town. On the motion of Mrs. Klaumin- zer, seconded by Mr. Grant, it was voted 3-1-0 (Mr. Williams was opposed) WHEREAS all community facilities in the North Street Development sub- division have been completed in accordance with the Subdivision Control Law and the Town's regulations, and all lots and the final surety have been released, the Planning Board recommends that Northgate Circle be proposed for acceptance as a public street by the 1991 Annual Town Meeting. Minutes for the Meeting of August 22, 1990 2 180 Covenants and Lots That Have Not Been Previously Released. Trodden Path. The Hamptons. Trinity Covenant. Graystone. Farmington Rise. Vallevfield Street. Philbrook Terrace Pheasant Brook Estates, Ridge Estates II: and Ridge Estates III Mr. Bowyer reported that the new subdivision data base also shows that there are several subdivisions where all work has been completed and the surety released, but the covenants have never been formally released by the Board. He added that in some cases it has never been determined whether the Board has voted to release all lots in these completed subdivisions. On the motion of Mrs. Klauminzer, seconded by Mr. Grant, it was voted 4-0-0: WHEREAS all streets and community facilities in the subdivisions listed below have been completed to Town Standards and the streets have been accepted as Town streets by vote of Town Meeting, it is no longer necessary to retain a covenant to insure the completion of community facilities within the subdivision. THEREFORE, the Planning Board votes: 1) to release any covenants still in effect, and 2) to release any lots not previously released, in the following subdivisions: Trodden Path, off Lawn Avenue; The Hamptons, off Concord Avenue; Trinity Covenant, off Allen Street; Graystone, off Pleasant Street; Farmington Rise, South Rindge Avenue between Bow Street & Rindge Avenue; Valleyfield Street, from Bridge Street northerly to end; Philbrook Terrace, off Grassland Street; Pheasant Brook Estates Solomon Pierce Road, from Maple Street to Woburn Street Butterfield Road, from Solomon Pierce Road easterly to Joseph Comee Road Joseph Comee Road and Lothrop Circle; Ridge Estates II; and Ridge Estates III. 181. Busa Farms, Final Release of Surety: Mr. Bowyer reported that the pp Engineering Department has certified that all work has been satisfactorily completed to the Town's requirements, and that the "as-built" subdivision plans have been approved. On the motion of Mr. Grant, seconded by Mrs. Klauminzer, it was voted 4-0-0: 1) that the Planning Board returns all the remaining surety, in the form of passbook #402-0727 from the Depositors Trust Company in the amount J of $32,000.00, plus interest, which was being held for the completion of the community facilities at the Busa Farms Subdivision; and Minutes for the Meeting of August 22, 1990 3 2) that the Planning Board does not relieve the developer, and his suc- cessors in title, of the responsibility to thereafter maintain the street and all utilities, street trees and other improvements in the right-of-way of Farm Road until it is accepted by the Town. The covenant, dated October 10, 1987, shall remain in effect and will not be released until the right-of-way has been accepted by the Town as a public street. 182. Carriage Drive. Release of Lots 1 and 8: Mr. Bowyer reported that the Town holds nearly $62,000 of surety on this subdivision. On the motion of Mrs. Klauminzer, seconded by Mr. Grant, it was voted 4-0-0 to release Lot 1 and Lot 8. 183. Lot 16. Orchard Crossing. Decision on Amended Subdivision Plan: The Board reviewed and corrected a draft decision approving the Preliminary Plan of the amended subdivision. Mr. Bowyer noted that the conservation access previously located along the perimeter of the site had been moved to between Lots 16B and 16C, and may necessitate resiting of homes on those lots. Mr. Williams asked that a clearly defined planting plan and provisions for the maintenance of the footpath and landscaped circle in the turnaround be included as part of the definitive plan. The Board discussed the length and amount of paving in the driveways and recommended that an effort be made to reduce the amount of driveway paving shown on the definitive plan. On the motion of Mrs. Klauminzer, seconded by Mr. Grant, it was voted 4-0 to approve, as amended, the wording of the draft decision and to approve the preliminary plan for Lot 16, Orchard Crossing. RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 184. Sent. 13. 1990 Cont. Hearing. Comprehensive Permit. Lexington Ridge: The Board reviewed and corrected a draft Planning Board Recommendation to the Board of Appeals, dated August 17, 1990, that recommends the comprehensive permit be granted with a number of conditions. They agreed to recommend that a sidewalk be required along the entire length of the site to the Waltham city line. Joining the discussion were Richard Canale, President, and members Alan Wade and Jacqueline Davison of the South Lexington Civic Association. They had questions about: 1) the provision of a sidewalk/footpath leading directly from the develop- ment to the adjoining shopping center; 2) whether there was sufficient screening between the development and the single family homes in Waltham; 3) the distances from the development to the elementary and secondary schools that children say have to walk if not bused; 4) potential drainage problems off-site (Swommon land); Minutes for the Meeting of August 22, 1990 4 5) alignment of the road with the entrance to Brookside across Waltham Street; and whether to suggest to the Fire Chief that he recommend to the Board of Appeals that sprinklers be required for the buildings. On the motion of Mrs. Klauminzer, seconded by Mr. Grant, it was voted 4-0 to approve the draft recommendation, as amended. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 4-0-0 to send a letter to the Fire Chief, with a copy to the Board of Appeals, strongly recommending that he recommend that the Comprehensive Permit require that sprinklers be installed in the buildings. 185. Hearings Scheduled for Sentember 13. 1990: Mr. Williams gave an oral review of the following applications scheduled to be heard by the Board of Appeals: 3 and 5 Turnburry Hill Road, Otis S. Brown, appeal of the decision of the Zoning Officer, made on June 1, 1990, and the decision of the Building Commissioner, made on June 4, 1990 because they failed to comply with Sections 3.1 and 3.1.1 of the Zoning By-Law. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 4-0-0 that under "grounds for this appeal" in the Appeal of Otis S. Brown, filed with the Town Clerk June 28, 1990, the Board supported the decisions of the Zoning Officer and the Building Commissioner in Point 1. - that the Zoning Officer had complied with Section 3.1, and had made an investi- gation of the facts; in Point 2. - that they had notified the developer and demanded the alleged violation be abated; in Point 4. - that they did give notice of the alleged violations at No. 5 Turnburry Hill Road to the occupant of the premises. However, in Point 3, the Board believed that the Zoning Officer and the Building Commissioner had not officially noti- fied the Appellant and afforded him a reasonable period of time after notice to abate the violation. 1708 and 1710 Mass. Avenue, Lemon Grass, Inc. , SP, to establish a Thai restaurant replacing the Pewter Pot Restaurant. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 4-0 to recommend the special permit be granted since the new restaurant will have the same number of seats as the one it will replace. ********************* COMPREHENSIVE PLANNING, POLICIES ******************* 186. "Design Guidelines for Commercial Districts": The Board reviewed and corrected a draft letter to Selectman Jack Eddison, dated August 20, 1990, containing the Planning Board's observations and recommendations on the David Dixon Report, with a staff memo analyzing the compliance of the Report's recommendations with the Zoning By-Law. On the motion of Mr. Williams, seconded by Mr. Grant, it was voted 4-0-0 to send the letter, with the staff memo, as amended. Minutes for the Meeting of August 22, 1990 5 187. "Commercial Development Characteristics": The Board discussed a draft report entitled "Data from Lexington Commercial Property Data Base". Mr. Bowyer noted the Report is an example of the products that can be produced from the Planning Department's data base. He also noted that, given some basic information about each of the 331 lots located in a commercial zoning district, or on which a commercial use is located in a residential district, other information such as the existing Floor Area Ratio, remaining development potential and real estate taxes per sq. ft. of gross floor area can be calculated. He presented examples of graphs from the report that were produced from the data. ************************ REPORTS *************************************** 188. Planning Board Subcommittees a. Dissolution of the Planning Board's Housing Advisory Committee: On the motion of Mrs. Klauminzer, seconded by Mr. Grant, it was voted 4-0-0 to dissolve the committee, which has not met for several years, and to so notify the Town Clerk. The meeting was adjourned at 10:26 p.m. 1974(6141114-----"\ David G. Williams, Clerk F