HomeMy WebLinkAboutPlanning Board Minutes, 1991-02-04 PLANNING BOARD MINUTES
MINUTES OF FEBRUARY 4, 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, Davison, Domnitz, Grant, Williams, Planning Director Bowyer, Acting
Assistant Planner Marino and Secretary Peters present.
*************************** REPORTS ***********************************
22. Planning Director
a. Rollout. Munroe Village. Preliminary Plan The Board viewed, prior
to staff review, a cluster subdivision plan for seven dwellings on land
off Woburn Street, filed by Robert Cataldo January 25, 1991.
************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS **********
PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW
23. Form A/91-1. 1780-84 Mass. Avenue. Anthony Mancini The Board reviewed
a plan showing the division of a building into Lot C and Lot D, the premises
being located in the Central Business District and conforming to the schedule
of dimensional controls set forth in the Zoning By-Law for the district. On
the motion of Mrs. Klauminzer, seconded by Mr Grant, it was voted 5-0
to endorse the plan entitled "Plan of Land 1780 - 1784 Massachusetts
Avenue, Lexington, Mass. , dated December 6, 1990, by Otte & Dwyer, Inc. ,
certified by Theodore E. Dwyer, Professional Land Surveyor, with
Application Form A/91-1, Applicant Anthony Mancini, as the plans do not
require approval under the Subdivision Control Law.
SUBDIVISION OF LAND
24. PUBLIC HEARING. Valod's Wav Definitive Plan Mrs. Wood opened the
hearing at 7 45 by reading the Legal Notice and by outlining the order the
Board uses for conducting a public hearing. Richard Waite, of Meridian
Engineering, presented the Site Analysis Plan, Slope and Drainage plans and
the Existing Vegetation Plan. He added that the existing slope is approxi-
mately 14%, and that they are proposing a hammerhead turnaround for the two
lot subdivision. The sewer will tie into an existing line on Concord Avenue
Mr. Waite listed the waivers requested.
1. Section 7.9: requiring the installation of a fire alarm circuit within
the subdivision;
2. Section 6.5.3. requiring a curve of not less than a 25 foot radius at
the intersections of street lines;
3. Section 6 5 5 requiring a leveling area having grades not exceeding 1%
for a distance of 25 feet from the nearer exterior line of the inter-
secting street where the street grade at the approach to an intersection
exceeds 6%;
4. Section 6.5 6 requiring the closed end of a dead end street to have a
turnaround with an outside diameter of at least 120 feet;
Minutes for the Meeting of February 4, 1991 2
5. Section 7.3.4 requiring a 24 foot pavement width for minor streets.
They request a reduction in roadway pavement to 20 feet; and
6. Standard Roadway Layout requiring a 3/8" per foot slope for the right-
of-way The Planning Board allows a 2 1 slope in the area between the
curb and the west side of the right-of-way.
Questions from Board members focussed on clarification of the side slope
requirements, the adequacy of existing catch basins in that area of Concord
Avenue and the Board's interpretation of the curve radius waiver, under number
two above, given at the preliminary plan stage.
In response to a question from Frank Sandy, 353 N. Emerson Road, as to how the
new road's location on the edge of the property would affect the abutting
property, it was noted the land was Town conservation land. There were no
other questions from the audience, and Mrs. Wood declared the hearing closed
at 8 18 p.m.
********************** ARTICLES FOR THE 1991 TOWN MEETING *****************
25 PUBLIC HEARING. Article 32. Exemptions for Agricultural Uses As
required by Chapter 40A, the Planning Board conducted a public hearing on the
proposed Exemptions for Agricultural Uses amendment to the Zoning By Law.
Approximately 8 residents attended. The article will be presented at Town
Meeting by David Williams. He stated that the purpose of the zoning amendment
is to bring the Town's Zoning By-Laws into compliance with State law, Chapter
40A, Subsection 3 regulating retail farm stands. Mr. Sorensen commented that
one effect of this revision may be that some farm stands that were required to
apply for a special permit in the past will no longer need to do so, since
they meet the requirements set forth in the state statute. Other questions
from the audience dealt with how the State law defines retail farm stands, the
status of existing farm stands under the amendment, and how the requirement
that 50% of what is sold must be produced in Lexington would be enforced.
Mrs. Wood declared the hearing closed at 8 43 p.m. .
26. PUBLIC HEARING, Article 33 Day Care Centers As required by Chapter
40A, the Planning Board conducted a public hearing on the proposed Day Care
Centers amendment to the Zoning By-Law. Approximately 8 residents attended.
The article will be presented at Town Meeting by Mr. Williams. He noted that,
presently, day care centers for profit are not a permitted use in Lexington,
and that this amendment would now allow them. Frank Sandy, 353 N. Emerson
Rd. , asked if anyone had requested an amendment to allow day care centers in
commercial areas. Mrs. Wood declared the hearing closed at 8 52 p m.
27. PUBLIC HEARING. Article 34. Pet Grooming Services: As required by
Chapter 40A, the Planning Board conducted a public hearing on a citizen's
petition proposing an amendment to the Zoning By-Law Approximately 8
residents attended The applicant, Sandra Rubenstein, for Warm Hearts/Cold
Noses, presented the provisions of the amendment and described the services
offered. Comments from the Board included a recommendation that a workable
definition of what is a pet grooming use be included in the article. In
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Minutes for the Meeting of February 4, 1991 3
response to a question from Mr. Williams, Ms. Rubenstein said that 72% of
their clients live in Lexington.
Mrs. Klauminzer commented, that in order to make this a by-law amendment she
would support, the use should be extended to kennels and veterinarians in the
CS district.
Mr. Sandy, 353 N. Emerson Road, noted that the amendment should not be too
specific to this business so as to restrict future pet grooming uses. He also
asked that Town Counsel be consulted as to whether allowing this as a primary
as well as an accessory use is within the scope of the article. Jan Spielman,
representing the Chamber of Commerce, read into the record a letter from the
Chamber expressing support for the amendment Support was also expressed by
the owner of the Versailles Restaurant and Linda Moran, 122 Fremont Street
Mrs. Wood declared the hearing closed at 9 20 p.m.
28. PUBLIC HEARING Article 35. Private Postal Services As required by
Chapter 40A, the Planning Board conducted a public hearing on a citizen's
petition proposing an amendment to the Zoning By-Law. Approximately 8
residents attended. Attorney Roger DuPont, representing the petitioner,
presented the provisions of the amendment, described the services offered and
the benefits to the Town.
Board questions and concerns focussed on any increase in traffic, problems
with stopping trucks and double parking in the center, and the need for a
definition of private postal services.
Questions from residents focussed on the necessity for this amendment, i.e.
many of these services are already permitted, and the proliferation of
individual uses being added piece-meal to the Zoning By-Law. Mrs. Wood
declared the hearing closed at 9 46 p.m.
************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS **********
RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS
29. Hearings Scheduled for February 28 1991 Mr. Grant gave an oral review
of the following applications scheduled to be heard by the Board of Appeals.
Mr. Domnitz did not sit with the Board and abstained from any vote on Mr
Sorensen's appeal of the Building Commissioner's decision that the vacant lot
between #1 and #9 Vinebrook Road is a buildable lot
Vacant Lot Between 1 and 9 Vinebrook Road, Karsten Sorensen, Appeal of
Building Commissioner's decision. There was an extended discussion with
Mr Sorensen as to why he thought the Building Commissioner's decision
that the vacant lot is a buildable lot was wrong. On the motion of Mr.
Grant, seconded by Mrs. Klauminzer, it was voted 4-0 that, based upon
Minutes for the Meeting of February 4, 1991 4
the written information available to the Board at this time, the Board
recommended that the decision of the Building Commissioner be upheld.
14 White Pine Lane, Timothy Dugan, SP, home office. The Board noted
that no length of time for the special permit to run was proposed. On
the motion of Mr. Williams, seconded by Mrs. Klauminzer, 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 conditions that it run con-
currently with the one granted to Dr. Dugan's wife; that hours of
operation be limited to 20 hours for the combined practices, from 9 00
a.m. to 3 00 p.m. , Monday through Friday; and that all cars must be
parked off-street Mr. Williams asked that the Board of Appeals be
informed that this is not the same Planning Board that made the original
recommendation on this application, and represents the current thinking
of the present Planning Board.
The Planning Board also agreed to make no comment on the applications below
1701-Rear Mass. Ave. , Craft Cleaners, SP, to install a projecting sign.
165 Waltham Street, LexHAB, SP, for a common driveway to provide a means
of access for vehicles to a single-family dwelling from Park Drive.
54 Ledeelawn Ave. , F. Williams & Valerie Sarles, Variance, from 30 ft.
setback to enlarge a nonconforming single-family dwelling by extending
the existing front porch to the side with the same 23.6 ft setback and
relocating the front steps to allow a 22. ft setback to the angled
corner of the bottom step.
Vacant Lot on Butterfield Road, Deck House, Inc. , variance from 30 ft.
front yard setback of 22 ft. , to allow construction of a single-family
dwelling.
SUBDIVISION OF LAND
30. Eaton Road. Kevin Duffy Release of Covenant On the motion of Mrs
Klauminzer, seconded by Mr. Grant, it was voted 5-0 that
Whereas, a definitive subdivision plan entitled Eaton Road Extension
subdivision, was approved by the Lexington Planning Board on June 6,
1989 and a covenant was executed by Kevin P and Marybeth Duffy, on
September 5, 1989, and such plan and covenant were recorded in the
Middlesex County Registry of Deeds, Book 20066, Page 021, and
Whereas, on November 27, 1990, the Engineering Department of the Town of
Lexington received a complete set of "as built" plans which it retains
in its records, and the Town Engineer on January 3, 1991, informed the
Planning Board that all required work on such subdivision has been fully
and satisfactorily completed,
Now Therefore, the undersigned, being a majority of the Planning Board
of the Town of Lexington, Massachusetts, hereby certify that in the
opinion of the Planning Board the construction of ways and installation
Minutes for the Meeting of February 4, 1991 5
of municipal services have been fully and satisfactorily completed by
the applicant in accordance with the definitive subdivision plan and
with the Planning Board's Development Regulations to serve all lots in
the subdivision.
Pursuant to Section 81-U of Chapter 41, M.G.L and in consideration of
completion of said construction and installation, the Lexington Planning
Board hereby releases Kevin P. and Marybeth Duffy from the provisions of
the covenant.
31. Valod's Way, Definitive Plan Direction from the Board. The Board
reviewed the waivers requested by the applicant (see Item 24) , and agreed to
grant all of them A straw vote of the Board recommended that the staff
prepare a decision approving the subdivision, with appropriate conditions.
Members reviewed and edited a memo dated January 31, 1991, recommending the
subdivision be approved with appropriate conditions. A straw vote of the
Board recommended that the staff prepare a decision approving the subdivision,
with appropriate conditions.
*************************** REPORTS ***************************************
32. Planning Board. Subcommittees
a. Information Hearings Mrs Wood announced a Moderator's hearing will
be held on Tuesday, March 12, 1991 at 7 30 for new Town Meeting members
and one on Thursday, March 21, 1990, also called by the Moderator, to
review the warrant articles.
The meeting was adjourned at 11 01 p.m.
David G. Williams, Clerk