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HomeMy WebLinkAboutPlanning Board Minutes 1990-10-29 PLANNING BOARD MINUTES MEETING OF OCTOBER 29, 1990 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7 34 p.m. by the Chairman, Mrs. Wood, with members Domnitz, Grant, Klauminzer, Williams, Planning Director Bowyer, Acting Assistant Planner Marino and Secretary Peters present. 213. Review of Minutes The Board reviewed and corrected the minutes for the meeting of October 15, 1990. On the motion of Mrs. Klauminzer, seconded by Mr. Grant, it was voted 5-0 to approve the minutes, as amended. ***************************** REPORTS ************************************ 214. Planning Director a. Rollout of Plan Filed the Previous Week. The Board reviewed a sketch plan, prior to staff review, filed October 18, 1990 by Robert Cataldo, for a cluster development at Woburn Street containing seven dwellings. The proof plan shows a 650 foot dead end street with seven lots that comply with the Zoning By-Law. The question, whether the subdivision street can cross a brook on the site, remains unanswered. b. National Amusements Inc. . v. City of Boston Mr. Bowyer gave a brief explanation of a decision in which the Appeals Court upheld a decision by Judge Marilyn Sullivan of the Land Court, that the City of Boston had improperly rezoned a vacant parcel of land surrounded by active commercial and industrial use property. The Court decision note the lack of planning studies to support the decision. Mr. Bowyer com- mented that this is the first case to his knowledge in Massachusetts that mentions planning studies as a basis for review of zoning actions. Consistency with a master plan is a criterion for review of zoning decisions in a number of other states but has not been used in Massachusetts. The case is timely because it could open interesting possibilities for bolstering the Town's arguments in the Tracer Lane case heard by the same judge. ************** ARTICLES FOR THE 1990 SPECIAL TOWN MEETING ************ 215 Pine Meadows/Meagherville Development: The Board reviewed a rollout of a Preliminary Site Development and Use Plan filed with the Board on October 23, 1990. The plan is for an RD/CD rezoning by the Board of Selectmen and The Community Builders to develop 40 units of affordable housing. It will be pre- sented at the November 28, 1990 Special Town Meeting. Questions from the Board focussed on why there was one less handicapped parking spaces than required; why only two lots for sale were shown when four are mentioned in the preliminary site development and use plan. Also dis- cussed were the three forms of subsidy used: low land costs, the Federal Home Loan Bank loan and the use of rent certificates. Minutes for the Meeting of October 29, 1990 2 **************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ********** RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 216. Hearings Scheduled for November 8. 1990 Mrs. Klauminzer gave an oral review of the following applications scheduled to be heard by the Board of Appeals. 150 East Street, Doran Greenhouses, Inc. , renew SP to continue the operation of a commercial Greenhouse/Nursery and Roadside Stand for the sale of flowers, plants and other nursery and farm goods and the seasonal sale of Christmas trees and wreaths. The Board agreed to make no comment except to recommend that the same conditions be imposed that were contained in the previous decision. Restaurant Le Bellecour, 10 Muzzey Street, determination that the addi- tion of 450 sq. ft. with no increase in the 115 seats is a minor revision to the special permit granted 6/7/73. The Board noted that the provisions of the Zoning By-Law on restaurant parking requirements have changed since 1973, and are now based on both the number of seats and the number of workers employed by a restaurant. They also noted that in this building, which has no off-street parking, the nonconformity/sub- stitution provisions in subparagraph 6.6.1 of the Zoning By-Law are 1 particularly important. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 5-0 to recommend that, if the Zoning Officer determines there is sufficient parking, based on the number of seats and employees proposed with the addition, and if the proposal complies with subparagraph 6.6.1, the application should be considered a minor revision. The Board also agreed to make no comment on the following applications 315 Woburn Street, Joseph Costa, SP, to allow the sale of hot coffee and other beverages as a take-out service at the Countryside Bakery. 238 Bedford Street, New England Transit Sales, Inc. , SP, to operate a sales office selling new and used school and commercial buses with one display vehicle parked on the premises. 217. Lexington Ridge. Waltham Street. Comprehensive Permit: The Board discussed an analysis of conditions to be imposed, prepared by the developer's consultant, Robert Engler. Also discussed was who would be responsible for the management of the development at the conclusion of the "lock-in" period, and whether the developer would be able to live up to the terms of permanent affordability at the end of the 15 year lock-in period. The Board agreed that the intent was to keep the affordable units rental in perpetuity, and that after 15 years, the management should be reviewed, and, by mutual agreement adjusted, since it is unclear now what conditions will then govern. They also agreed the State should be asked that the Town be credited in perpetuity for the affordable units. Minutes for the Meeting of October 29, 1990 3 SUBDIVISION OF LAND 218. Royal Circle. Barry Caouette. Set and Accent Surety. Release Lots Mr. Marino reported that the developer wishes to deposit surety with the Town in order to have lots 1 and 6 released. The "Cost to Construct" for the remain- ing work at this subdivision, as estimated by the Engineering Department, on October 22, 1990 is $17,595.00. With the required fees added, the total amount of surety to be held is $26,650. On the motion of Mrs. Klauminzer, seconded by Mr. Grant, it was voted 5-0 1) To set, and accept, the amount of surety for the Royal Circle subdivis- ion at $30,000, which is 15% of the original cost to construct, the minimum at which that the surety may be set, as the amount necessary to hold until the completion of the community facilities and the sub- division; 2) That this level of surety is determined to be sufficient through October 29, 1991 only. If the subdivision is not completed by that time, the amount of surety needed may be re-evaluated to determine its relation- ship 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 October 15, 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; and 3) To accept surety in the form of Funds Retained by Lender document, executed by Somerset Savings Bank, in the amount of $30,000.00. On the motion of Mr. Williams, seconded by Mr. Grant, it was voted 5-0 to authorize Mr. Bowyer to sign on behalf of the Board a lot release releasing Lots 1 and 6. 219 Turnburry Hill. Otis Brown. Final Release of Surety• Mr. Marino reported that the developer has requested final release of all surety held for the development. He also reported that the Town Engineer has indicated in a memorandum, dated August 14, 1990, that the "as-built" of the Turnburry Hill Development plans have been approved, and that all required community facili- ties in the Turnburry Hill Development subdivision have been satisfactorily completed in accordance with the Town's standards. On the motion of Mrs. Klauminzer, seconded by Mr. Grant, it was voted 5-0: 1) that the Planning Board returns all remaining surety, in the form of a Performance Bond by Surety Company from the Hanover Insurance Companies in the amount of $50,000.00, which was being held for the completion of the community facilities at the Turnburry Hill Development; and 2) that the Planning Board does not relieve the developer, and his succes- sors in title, of the responsibility to thereafter maintain the land- Minutes for the Meeting of October 29, 1990 4 soaping and screening, the street and all utilities, street trees and improvements in the right-of-way of Turnburry Hill Road as it is a private road and will not be accepted by the Town. The covenant, dated May 10, 1989, shall remain in effect and will not be released sooner than July 1, 1991. 220. Pheasant Brook II . Robert Cataldo. Report from Acting Town Counsel on New Surety Form. Mr. Bowyer reported that he had consulted with Acting Town Counsel William Lahey as to whether the type of surety provision proposed by Mr. Cataldo, which did not follow any of the four alternatives acceptable to the Town, was acceptable. Mr. Bowyer added that the type of surety proposed appeared to be most like a letter of credit that is secured by the developer's signature. Mr. Lahey told Mr. Bowyer that he was not comfortable with this way of providing surety and that he could not suggest it be accepted by the Board, and Mr. Lahey suggested a decision on this be deferred until Town Counsel Norman Cohen returns around the end of November. ****************** ARTICLES FOR THE 1991 ANNUAL TOWN MEETING **************** 221. Additional Streets for Acceptance a. Carriage Drive: Mr. Marino reported that Town Engineer Francis X. Fields has indicated, in a memorandum dated October 24, 1990, that the "as-built" plans for the Carriage Drive Subdivision have been approved, and that all required community facilities in the subdivision have been satisfactorily completed in accordance with the Town's standards. On the motion of Mr. Grant, seconded by Mrs. Klauminzer, it was voted 4-0-1 (Mr. Williams abstained): 1) That the Planning Board return all the remaining surety, in the form of a Letter of Credit from Depositors Trust Company in the amount of $62,000, which was being held for the completion of the community facilities at the Carriage Drive Subdivision; and 2) that the Planning Board does not relieve the developer, and his successors in title, of the responsibility to thereafter maintain the street and all utilities, street trees and other improvements in the right-of-way of Carriage Drive Extension and John Benson Road until they are accepted by the Town. The covenant, dated March 16, 1988, shall remain in effect and will not be released sooner than July 1, 1991; and 3) to release any and all lots not previously released; and 4) to recommend to the Board of Selectmen that Carriage Drive Extension and John Benson Road be accepted by the 1991 Town Meeting. b Carchia Woods Mr. Marino reported that Town Engineer Francis X. Fields has indicated in a memorandum, dated October 24, 1990, that the "as-built" plan of the Carchia Woods Development has been approved, and that all required community facilities in the Carchia Woods Development Minutes for the Meeting of October 29, 1990 5 subdivision have been satisfactorily completed in accordance with the Town's standards. On the motion of Mrs. Klauminzer, seconded by Mr. Grant, it was voted 4-0-1 (Mr. Williams abstained) 1) That the Planning Board returns all the remaining surety, in the form of passbook #194-47227 from Bay Bank - Middlesex in the amount of $22,405.00, plus interest, which was being held for the completion of the community facilities at the Carchia Woods Development; 2) that the Planning Board does not relieve the developer, and his successors in title, of the responsibility to thereafter maintain the street and all utilities, street trees and other improvements in the right-of-way of McKeever Drive until it is accepted by the Town. The covenant, dated September 26, 1987, shall remain in effect and will not be released sooner than July 1, 1991; 3) to release any and all lots not previously released; and 4) to recommend that McKeever drive be accepted by the 1991 Town Meeting. *********************************** REPORTS ********************************** 222. Planning Board. Subcommittees a. Lighting Options Committee. Mr. Domnitz presented for the Board's review and comments a choice of two inserts, prepared by the Committee, to be handed out with the Zoning By-Law; one that directs residents to sections of the By-Law controlling lighting, and the other which includes the actual wording of the sections pertaining to lighting. Also included for use with either insert are pictorial guidelines for choosing, installing and shielding outdoor lighting. Copies will be prepared for the Board's next meeting. The meeting was adjourned at 10:09 p.m. VAC/ w a David G. Williams, Clerk