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HomeMy WebLinkAboutPlanning Board Minutes, 1991-01-07 PLANNING BOARD MINUTES MEETING OF JANUARY 7, 1991 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, and Acting Assistant Planner Marino present. *************************** REPORTS *************************** 1. Planning Director a Monroe Village. Woburn Street. Robert Cataldo The Board viewed, prior to staff review, a preliminary subdivision submitted during the previous week. b. Lexington Center Data Base as of 1984 Mr. Bowyer reported that the staff is working on entering into computer form the written information that was collected in 1984 about parking factors, such as floor space, restaurant seats etc. , for the introduction of parking requirements in Lexington Center. *********** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ******** RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 2. PUBLIC HEARING White Pine Lane. Repetitive Petition. At 7 50, Attorney Roger DuPont, representing applicant Timothy Dugan, presented the case for why the Board should consent to recommending to the Board of Appeals that it reconsider the petition. Mrs. Wood declared the hearing closed at 8 00 p.m. On the motion of Mrs. Klauminzer, seconded by Mr. Grant, it was voted 5-0 that there are specific and material changes in the conditions upon which the previous unfavorable action was based, so that the Planning Board consents to the reconsideration of the petition by the Board of Appeals. 3. Hearings Scheduled for January 24. 1991 Mrs. Wood gave an oral review of the following applications scheduled to be heard by Board of Appeals. 15 Richard Road, Barbara Holleman, SP, Home Occupation, LICSW. On the motion of Mrs. Wood, seconded by Mr Domnitz, it was voted 5-0 to recommend that if the Special Permit is granted, it should be for a period of no more than two years. 371 Massachusetts Ave. , Frederick Cialdea, SP Take-out deli service, and SP Internally Illuminated sign. The Board noted that compliance with the provisions of Section 10, Landscaping, Transition and Screen- ing, to the "maximum extent practicable" is required to be achieved as part of the approval of an application for a special permit or special permit with site plan review. No landscaping plan, as required under Section 10. 1.3 of the Zoning By-Law, was included with the application. The Board recommended the hearing be continued until a landscaping plan, as required under Section 10 of the Zoning By-Law, is approved. Members Minutes for the Meeting of January 7, 1991 2 agreed that the intent of Section 10.1.3 is that whenever a special permit is requested, deficiencies in landscaping should be corrected, and that this site is a good example of how the objective of correcting deficiencies in landscaping and screening can be met, especially since the site is across the street from homes and the RS, One-Family Dwell- ing, zoning district. The Board also noted that the site is on one of the gateway streets which was analyzed in the "Design Guidelines", prepared by David Dixon and Associates, and that various Town boards needed to work together to implement the recommendations contained in the "Design Guidelines" With respect to the special permit application for an internally illuminated sign, the Board recommended that the special permit be denied for the internally illuminated sign, especially in this location, directly across the street from private residences, and that recommenda- tions found in the "Design Guidelines" for signs, and exterior renova- tions, should be observed. The Board also noted that if a special permit for the take-out deli service is approved, it wished to call attention to the need for cleanliness, and the need for trash barrels outside the establishment. 1768 Mass. Ave. The Food Emporium, SP, Fast Food. On the motion of Mrs Klauminzer, seconded by Mr. Grant, it was voted 3-2-0 (Mrs. Wood and Mr. Domnitz voted in the negative) to recommend that the special permit be granted with the following conditions what appear on the plan to be stand-up type tables should not be allowed for a period of at least one year; that the applicant be required to regularly clean and maintain the interior and exterior of the establishment including the sidewalk in front of the store; and the recommendations for exterior renovations found in the "Design Guidelines", prepared by David Dixon and Associ- ates, and recently endorsed by the Board of Selectmen and the Planning Board, applicable to Lexington Center, be observed. The Board also noted that the Planning Board is submitting to the 1991 Annual Town Meeting an amendment to the Zoning By-Law revising the parking requirements for fast food and take out establishments. It was agreed to send the Board of Appeals a copy of the proposed amendments when they are ready. The Board also agreed to make no comment on the following application 4 Winston Road, Patricia A. Austin, SP, extend second floor of a dwelling. 4. Lexington Ridge. Waltham Street. Comnrehensive Permit Mr. Bowyer reported that the applicant has filed suit with the courts and appealed with the State Housing Appeals Committee on the Board of Appeals decision to approve, with conditions, its application for a approval of the comprehensive permit. Minutes for the Meeting of January 7, 1991 3 5. 329-331 Marrett Road, Gusippe Raponi, variance to allow construction of an addition for commercial use on the east side of an existing two family dwelling located in the CN district with a floor area ratio of .35 instead of the required and two stories instead of one story. The hearing was heard December 13, 1990, and was granted by the Board of Appeals, with conditions. The Board discussed whether it wished to take any action on this Board of Appeals decision, and agreed it would not. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 6 Lot 18A. # 68 Valley Road. . Michael and Maria Sacco. Release of Cove- nant Francis X. Fields, Town Engineer, has indicated in a memorandum, dated December 20, 1990, that the "as-built" plans of the improvements to Valley Road plans have been approved, and that all required work on Valley Road has been satisfactorily completed in accordance with the Town's standards. On the motion of Mr. Williams, seconded by Mr. Grant it was voted 5-0 that the Planning Board authorizes the return of all the surety, in the form of a Passbook #08-101045-00 from the Boston Federal Savings Bank in the amount of $11,000.00, which was being held for the completion of the work on Valley Road. 7 Simonds Estates. Oscar Cormier. Release of Surety• Mr. Marino reported that the developer has requested release of the remaining surety for the Simonds Estates subdivision. Mead Circle is the final segment of the subdivi- sion to be completed. The work on the Tidd Circle and North Emerson Road segments was certified as being completed in accordance with the Town's standards by the Town Engineer on December 27, 1989. He has also indicated in a memorandum, dated December 17, 1990, that the "as-built" plans of the Simonds Estates, Mead Circle segment, have been approved, and that all required community facilities in the Mead Circle segment have been satisfacto- rily completed in accordance with the Town's standards; On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted 5-0 1) that the Planning Board authorizes the return of all the remaining surety, in the form of a Passbook #22858 from the Everett Co-op Bank in the amount of $30,000, plus interest, which was being held for the completion of the community facilities at the Simonds Estates develop- ment, 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 Mead Circle until it is accepted by the Town. The covenant, dated March 14, 1983, shall remain in effect and will not be released until the right-of-way has been accepted by the Town as a public street. F Minutes for the Meeting of January 7, 1991 4 8. Holderness Court Robert Phelan. Acceptance of Covenant. Endorsement of Subdivision Plan. The Board discussed ways to ensure that the maintenance of the common open space proposed to be deeded to the Conservation Commission, would be maintained. It was agreed to request the opinion of the Conservation Commission. On the motion of Mrs. Klauminzer, seconded by Mr. Grant, it was voted 5-0 to endorse the definitive subdivision plans and accept the covenant; to send a letter to the Conservation Commission to confirm in writing that the Commission wishes to accept and maintain the open space. 9. Subdivision Status Report The Board reviewed a subdivision tracking monitoring table, prepared and updated quarterly by the Planning Department. It showed that subdivision work is slowing down, with a lot of them now completed. ********************* ARTICLES FOR THE 1991 TOWN MEETING **************** 10. Planning Board Articles a. Further work on language of amendments The Board agreed to postpone further review until a revised set of articles that were worked on at its previous meeting is available. b. Town Counsel Review of Article B Religious Educational Uses The Board discussed recent court cases pertaining to what town zoning ordinances can reasonably regulate, such as permissible bulk, height, dimensional and parking regulations. Mr. Bowyer reported he had discussed these questions with Town Counsel, and it appears that towns may regulate only what is specifically listed in the State statute and other types of zoning provisions are "by right" for a religious or educational use. For instance, provisions in Lexington's Zoning By-Law that deal with landscaping and traffic study requirements are not mentioned in the State statute and would not be applied to religious and educational uses. The Board agreed that the purpose of Article B was to amend the Town Zoning By-Laws, consistent with case law, to bring them into conformance with State statute. 11. Other Articles The Board briefly discussed two citizen petition articles filed with the Selectmen; Pet Grooming Services and Private Postal Services, both of which require changes in the Zoning By-Law. Mr. Bowyer reported that the Conservation Commission Aquifer Protection by-law has been dropped. 12. Planning Board Responsibility for Zoning Articles Board members agreed to be responsible for presenting the following articles: Martha Wood - Technical Corrections; Edmund Grant - Religious, Educational Institutions; Robert Domnitz - Parking Factors; and David Williams - Exemptions for Agricul- tural Uses and Day Care Centers. Minutes for the Meeting of January 7, 1991 5 ************** PLANNING BOARD ORGANIZATION, SCHEDULE ******************** 13 Schedule. Public Hearings, other Board meetings in January and February. The Board agreed to schedule public hearings for the two citizen petition articles and for the Board's Agricultural Exemptions and Day Care Centers articles for February 4, 1991. The public hearings for the remainder of the Board's zoning articles will be scheduled for February 11, 1991. Planning Board meetings will be held January 14, and February 4 and 11, 1991. ******************** REGIONAL, INTERTOWN ISSUES ************************** 14. Hanscom Field Regional Planning District The Board reviewed a draft of a proposal to set up a home rule bill to establish a Hanscom Field Regional Planning District that would contain the mechanism required to receive payments in lieu of taxes from companies located on the base, to fund HATS community activities. HATS membership presently consists of a Selectmen, a Planning Board member and a member at large from each of four towns Bedford, Lincoln, Concord and Lexington; but the voting members in practice have been the Selectmen members. According to the State law, a regional planning district must have a Planning Board member from the various towns as its voting members, which does not fit with the current HATS organization. The proposed home rule amendment substitutes Selectmen for Planning Board members which appears inconsistent with State law. Mr. Grant questioned why a home rule bill should be necessary. Board members agreed they had problems with this draft and would probably oppose it for a number of reasons. They thought there must be a better way to raise funds for HATS. They asked that staff draft a letter to the Board of Selectmen expressing the Board's concerns. ******************************** REPORTS *********************************** 15. Planning Board Subcommittees a. Lighting Committee The Board reviewed and approved a draft letter to the Selectmen asking that a member of the Planning Board be appointed as liaison to the Lighting Committee. b. Sodium Vapor Street Lights Next Monday at its meeting, the Selectmen will decide whether to switch to sodium vapor lights every- where in Town except in the center. The Board agreed to send a letter expressing its concerns, and asking that this be decided by Town Meeting. The meeting was adjourned at 10 58 p.m. /Q@ Jai"4, 6 LC v- David G. Williams, Clerk