Loading...
HomeMy WebLinkAboutPlanning Board Minutes 1990-10-01 r- PLANNING BOARD MINUTES II MEETING OF OCTOBER 1, 1990 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7 35 P.M. by the Chairman, Mrs. Wood, with members Domnitz, Grant, Klauminzer, Williams, Planning Director Bowyer, Acting Assistant Planner Marino and Secretary Peters present. 193. Review of Minutes The Board reviewed and corrected the minutes for the meeting of September 13, 1990. On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted 5-0 to approve the minutes, as amended. ******************************* REPORTS ************************************ 194. Planning Director a. Tracer Lane. Nahigian Case Mr. Bowyer reported that the Town has filed two motions at a motions session before Land Court Judge Sullivan. The first motion was to clarify the record by filing an affidavit from the City Clerk in Waltham indicating that three of the streets in the residential area in Waltham, that adjoin the RO zoned Nahigian property in Lexington, are public streets. This affects the case since whether or not there are public streets could be an issue. Mr. Bowyer added that the judge did not allow this motion, but that the affidavit can be still be introduced at the appeals court level. The second motion filed by the Town would limit the effect of her ruling that disallowed the existence of Lexington's Development Regulations as subdivision regulations, to the Nahigian case only. Judge Sullivan granted this motion. Mr. Bowyer said that, after this motions session, the Town will proceed with its appeal of the Land Court decision to the Appeals Court. There is the possibility that the Supreme Judicial Court may decide to take the case directly. Mr. Bowyer also reported that several amicus briefs may be filed with the Town's appeal by the Massachusetts City Solicitors and Town Counsels Association, the Massachusetts Association of Planning Directors and the Massachusetts Municipal Association He also reported that a Waltham City Councillor may solicit the support of the City of Waltham in the case for Lexington b. Postal Distribution Center Acting Assistant Planner Marino has nearly completed his review of the environmental assessment report filed by the Post Office. The Town Manager asked that the assessment be reviewed by the Planning, Health and Engineering Departments. He and the Planning Director agree that the document was a competently prepared environmental assessment. `_, Minutes for the Meeting of October 1, 1990 2 ************** ARTICLES FOR THE 1990 SPECIAL TOWN MEETING **************** 195. Pine Meadows/Meagherville Rezoning The Board discussed a projected schedule for the RD rezoning petition to be presented at a November 28 Special Town Meeting. They agreed to meet with The Community Builders and Selectman Paul Marshall at its October 15 meeting at 7 30 p.m. to discuss alternative plans. The Board also scheduled a Public Hearing on the petition for November 13, 1990 at 8 00 p.m. in Cary Memorial Hall. *************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 196 Hearings Scheduled for October 11. 1990 Mr. Grant gave an oral review of the following applications scheduled to be heard by the Board of Appeals. Lot 6. John Hosmer Lane. Sheldon Corn. , variances from the 25 foot setback and rear yard setback requirements to allow a request for a special permit to construct a tennis court, and variance from Section 7.5.2 of the Zoning By-Law to allow a portion of the 8 foot tennis court fence to be closer than 8 feet from the lot line at Lot 6 On the motion of Mr. Grant, seconded by Mrs. Klauminzer, it was voted 5-0 to comment that, based on the information available to the Board, it was not clear that the statutory criteria for hardship have been demonstra- ted, and that, conceivably, the hardship may have been self created. 80 Westview Street, Nicholas & Mary DeFelice, appeal of a decision of the Building Commissioner determining that a variance from the minimum lot size is not required for the proposed construction. On the motion of Mr. Grant, seconded by Mr Williams, it was voted 5-0 to support the decision of the Building Commissioner. 23 Barberry Road, Lloyd Trefethen, variance to add a carport/shed at the rear of a single-family dwelling with a rear yard setback of 11.6 feet to the corner of the shed instead of the required 15 feet. On the motion of Mr. Grant, seconded by Mrs. Klauminzer, it was voted 3-2 (Mrs. Wood and Mr Domnitz voted in the negative) to make no recommendation except to comment that the statutory criteria for hardship have not been demonstrated. The Board also agreed to make no comment on the following applications Lot 6 John Hosmer Lane, Sheldon Corp , special permit, to construct a tennis court. 3 Audubon Road, Laura Dickerson & Arthur Lewbel, special permit to demolish and reconstruct a nonconforming detached 2-car garage with no increase in site coverage. 70 and 74 East Street, Susan DeGiacomo Hammond and Mark & Gladys Moore, special permit to allow a driveway with an entrance to 70 East Street to serve as a common driveway for the dwellings located at 70 & 74 East St. Minutes for the Meeting of October 1, 1990 3 1— 38 Liberty Avenue, Deborah Mauger & Stewart Kennedy, special permit, to raise the roof over the nonconforming portion of a single family dwelling. 197. Lexington Ridge. Comurehensive Permit Conservation Commission Chairman Joyce Miller joined the Board for a discussion of potential wetlands encroach- ment of the proposed Waltham Street sidewalk in front of the development. Mrs. Miller noted that the Conservation Commission does not have jurisdiction over the location of the sidewalk except as it affects the wetlands. She said the Commission hoped that the five foot width requirement for the sidewalk would not be strictly enforced so as to encroach as little as possible into the wetlands. They also hoped that alternative locations of the sidewalk would be considered. Concerns over the length of walk required, if there was no busing, to the various schools was also discussed. A discussion followed of various sidewalk material possibilities. Discussed were asphalt, a board walk of pressure treated wood planking and a board walk made of recycled plastic type of material. The latter is a new material and is currently used around the playground at the Adams School; it is said to be longer lasting and less toxic than treated wood. Information from Director of Public Works/Engineering Richard Spiers and Acting Conservation Administrator Marilyn Nordby on these materials was reviewed by the Board. In response to a question from Mrs. Miller about the traffic study done by the applicant, Mr. Bowyer said the study indicates that the proposal meets the standards set forth in the Zoning By-Law. Mrs. Miller noted that the City of Waltham had been asked by the applicant for its comments on the proposed development and had not commented on the project. Mrs. Klauminzer suggested that in the future, when proposals cross town lines, any studies should include affected streets in adjoining towns. The Board agreed they would like to see as creative a sidewalk solution as possible with consideration given to new materials, to allowing the sidewalk to meander, and perhaps to not adhering to the required five foot width, in order to keep any encroachment into the wetlands to a minimum. SUBDIVISION OF LAND 198. Turnburry Hill. Screening Mrs Wood and Mr. Williams briefly reviewed events to date, and said that it was now up to the Board to make a decision as to whether sufficient screening has been installed to satisfy the conditions of the special permit. After lengthy discussion, on the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 4-1-0 (Mr. Grant voted in the negative) that an additional evergreen tree or shrub be added between the Murman property and Turnburry Hill as further screening from automobiles on Hill Street; and that five additional evergreen trees or shrubs be planted along the perimeter of the development, abutting the Zvara's property, as additional screening. Mr. Brown also reported the new lighting has been ordered to replace the lighting that was considered too bright. Minutes for the Meeting of October 1, 1990 4 P 199. Woburn Street. Robert Cataldo. Sketch Plan: The Board reviewed a sketch plan filed September 18, 1990 by Mr. Cataldo. The submission included a proof plan, which serves to establish the maximum number of dwelling units that could be built in the subdivision, and shows an 1,100 foot long dead end street. The proof plan would require a waiver from provisions in both the Development Regulations and the Zoning By-Law which limit the maximum length of a dead end street to 650 feet. Mr. Bowyer pointed out the proposed sketch plan, which is what would be constructed did not include a subdivision roadway longer than 650 feet and there was no violation in the sketch plan. The sketch plan showed an eight lot cluster development concentrated near the Woburn Street entrance. The proof plan is necessary to establish the eight lot density, and without a waiver of the proof plan, the development of eight lots could not be permitted. The Board agreed they could not grant a waiver allowing a 1,160 foot long dead street, even for a proof plan which would not be built, because the proof plan showed a violation of both zoning and subdivision requirements. They noted that the eight dwelling units shown on the sketch plan was greater than the number of lots that would be permitted by a proof plan that conformed to the street layout standards. They also noted that the Sketch Plan does not comply with Section 5.3.3.b of the Development Regulations which require that the site analysis map show existing contours at two foot intervals. Mr Williams questioned whether there is an easement or restriction in effect that would prohibit the exten- sion of a roadway across the brook. He asked that the applicant clarify whether the easement he referred to applies in this case and to the Proof Plan. On the motion of Mr. Domnitz, seconded by Mrs Klauminzer, it was voted 5-0 to not accept for further review the Sketch Plan submitted on September 18, 1990, because the Sketch Plan is based on a Proof Plan that does not comply with Section 5.3.2 of the Development Regulations or Section 9.3.2 of the Zoning By-Law. **************** DISPOSITION OF PUBLIC LAND ********************************** 200. Piper Road. Surplus State Land. The Board discussed a memo from Acting Assistant Planner Marino asking for Board comment on a proposal from Mr Erickson, an abutter who owns approximately 21,370 s.f. of land, asking that the Town authorize the State to sell a portion of State owned land (approxima- tely 10,500 s. f. ) to him, and transfer the remaining land to the Town of Lexington. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 5-0 to recommend that all of the state land be transferred to the Town at no cost. Minutes for the Meeting of October 1, 1990 5 r ************************ REPORTS ****************************************** 201. Planninc Board Subcommittees a. Lexincton Center Committee Mr. Williams reported the next meeting will be held at noon on October 11, 1990, in the Selectmen's meeting room and that he will be unable to attend. Mr. Domnitz will try to go. b. Lichtine Subcommittee Mr. Domnitz reported that he has been invited to attend its meeting this Wednesday night, 7 30 p.m. , to discuss lighting at Lexington Ridge, and he will attend. The meeting was adjourned at 10 35 p.m. David Williams, Clerk