HomeMy WebLinkAboutPlanning Board Minutes, 1991-02-25 PLANNING BOARD MINUTES
MINUTES OF FEBRUARY 25, 1991
it The meeting of the Lexington Planning Board held in Room G-15, Town Office
Building, was called to order at 7 30 p m by the Chairman, Mrs. Wood, with
members Klauminzer, Grant, Williams, Planning Director Bowyer, Acting Assis-
tant Planner Marino and Secretary Peters present. Mr. Domnitz arrived during
Public Participation.
41 Review of Minutes The Board reviewed the minutes for the meeting of
December 17, 1990. On the motion of Mr. Williams, seconded by Mrs. Klaum-
inzer, it was voted 4-0 to approve the minutes, as written.
The Board reviewed and corrected the minutes for the meeting of January 7,
1991. On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was
voted 4-0 to approve the minutes, as amended.
PUBLIC PARTICIPATION Mr. Julian Bussgang, 2 Forest Street, presented more
information on why the new home being constructed at the corner of Waltham
Street and Park Drive should not be granted a special permit by the Board of
Appeals to allow it to form a common driveway with Park Drive, rather than
exiting directly on to Waltham Street. He asked that the Planning Board
change its recommendation from "no comment", made at its meeting of February
14, 1991, to recommend the special permit not be granted.
An extended discussion followed with Mr. and Mrs. Bussgang and Mrs. Merilyn
Rutishauser, 6 Forest Street, of the legal status of Park Drive On the
motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 5-0 to send
a revised recommendation to the Board of Appeals on the following application,
as follows
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.
The Board will point out to the Board of Appeals that at its meeting of
February 25, Julian Bussgang raised a number of questions relating to
the status of the adjoining Park Drive land --
1 ) whether it is park land or dedicated to some other public use,
2) whether the paved roadway is a "street", as that term is defined
in the Zoning By-Law, or a driveway,
3) whether the strip of land between the building lot and the roadway
is park land, and can it be crossed by the driveway if it is park
land and
The Board will recommend that the Board of Appeals take no action on
this application until these three issues are resolved.
Mr. Williams left the meeting prior to Item 42
************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS **************
SUBDIVISION OF LAND
42. Holderness Court Robert Phelan Acceptance of Corrected Covenant Mr
\ Marino reported that after the Board approved the covenant on January 7, it
was discovered that one of the two signature pages was missing from the
Minutes for the Meeting of February 25, 1991 2
original Covenant (dated January 2, 1991 ) that was accepted by the Board on
January 7, 1991 A corrected covenant has been submitted. The missing
signature page requires the signature of the Mortgagee. After the Covenant
was signed by the bank the developer re-executed the covenant on February 12,
1991 Mr. Marino noted that the only difference between the two documents is
the date that each was executed.
On the motion of Mrs. Klauminzer, seconded by Mr. Grant it was voted 4-0
that the Board accepts the covenant executed by Robert E. Phelan,
President and Treasurer of Diamond West Development Corporation, dated
February 12, 1991 which supersedes the vote taken by the Board on
January 7, 1991.
Mr. Williams returned to the meeting during Item 43.
43. PUBLIC INFORMATIONAL MEETING, Munroe Village Robert Cataldo Roger
Corbin, of The BSC - Group - Bedford, Inc representing Mr Cataldo, presented
the preliminary subdivision plan, showing seven units on a development site of
eight acres, with common open space of approximately 6 4 acres. He added the
number of units shown were one less that the maximum number shown on the proof
plan. The roadway would be approximately 300 feet long. He pointed out the
existing cart path and the drainage system for surface water drainage
In response to questions from the Board, Mr. Cataldo said the Town will
benefit by having approximately 6 4 acres deeded as Town Conservation Land.
Responding to a question as to whether a road can cross Munroe Brook, Mr.
Cataldo stated he could cross the brook with a road because the conservation
easement is along the brook. He added that the wetlands have been flagged and
agreed to by the Conservation Commission.
Mrs. Wood noted that the Board had requested a proposal in writing from Mr.
Cataldo on what he proposes to furnish as affordable housing, and no proposal
has been received. Mr. Cataldo responded he may not be able to do this if the
approval process takes too long, adding that he will try to keep the price as
low as possible and have some sort of resale limit in the covenant Mrs
Klauminzer added that, in her opinion, the gain of low cost housing for the
Town is the only benefit that justifies the approval of the cluster develop-
ment, and that she wants see to something proposed in writing. She suggested
the sale of an affordable house go through LexHAB or be sold to LexHAB.
Board concern was expressed about the large size of the proposed homes,
because of their proximity to each other and because they are not in character
with the surrounding neighborhood Mr. Williams suggested that one house be
around 1500 sq ft. as an affordable house. He also suggested a 22 foot wide
roadway, granite bollards along the trail to the conservation trail and the
prohibition of any encroachment of future home additions into isolated
wetlands
Mr. Domnitz questioned whether the leveling strip at the end of the roadway
where it enters Woburn Street is the correct grade. Mrs Davison (a candidate
for the Planning Board vacancy) asked how close the third, fourth and fifth
homes were to each other, and was told 15 feet She added that she hoped the
homes would all be modest and affordable, around 1500 to 1700 square feet.
Minutes for the Meeting of February 25 , 1991 3
The major concern from residents present focussed on the dangerous traffic
situation in that section of Woburn Street They cited numerous accidents
caused by persons stopping for left or right turns and being hit from the rear
by speeding cars It was noted the new roadway would exit right at the most
dangerous point on to Woburn Street
Residents also expressed concerns about hidden springs and the possibility of
Munroe Brook overflowing and flooding basements.
Richard Samuels, 127 Woburn Road, asked if the area shown in green, abutting
his property, could be kept in a natural state, as shown. Mr. Corbin suggest-
ed that a building restriction line could prevent building in this area.
Mrs. Wood declared the hearing closed at 9 16 p m.
Later in the evening (following Item 46) the Board gave direction to the staff
to prepare a decision on the preliminary plan. Mrs. Wood noted that a cluster
development must eventually receive four votes for approval She felt that a
lot more had to be put in writing about Mr. Cataldo's intentions concerning
affordable housing before she would vote to approve the subdivision.
Mr. Domnitz stated that he did not see any conditions that would be added that
would make the preliminary cluster plan acceptable to him He prefers that a
conventional plan be developed. He also has concerns about the traffic. Mr
Williams prefers a cluster plan, noting the benefit of the open conservation
land the Town will receive. Mrs. Wood noted that she prefers a cluster plan,
but will vote no on the preliminary plan before them, until Mr. Cataldo
provides written material indicating how he will provide the affordable
housing he has discussed with the Board, how it will be maintained, and on how
he will deal with the traffic problems Mrs. Davison (candidate for the
Planning Board) said the impact to the parcel, with three of the dwelling
units no more than 15 feet apart is not worth one affordable house She
expressed concern about the view from the abutting lots, and suggested the
elimination of one house.
After an extended discussion along these lines, the Board unanimously directed
the staff to prepare a decision disapproving the preliminary plan, with an
explanation of the decision to be included to provide direction to the
applicant, for future submissions.
44. Valod's Way, Definitive, Decision Mr. Domnitz reported that he would
oppose the plan on the basis of the steep road grade He did suggest, and the
Board agreed, that the waiver for the one percent leveling grade, requested by
the applicant and dropped in the draft decision, be reinstated as a waiver in
the decision. On the motion of Mrs Klauminzer, seconded by Mr Grant, it was
voted 3-1-1 (Mr. Williams abstained, and Mr Domnitz voted in the negative)
1) to approve the definitive plan and
2) to approve the wording of the Certificate of Action, as amended.
***************** ARTICLES FOR THE 1991 TOWN MEETING *********************
45. Article 33. Day Care Mr. Bowyer reported Town Counsel has said that
because of the revised state statutes, recently passed, a new public hearing
will be required if the Board wishes to proceed with bringing the Town's
Minutes for the Meeting of February 25 , 1991 4
Zoning By-Law into conformance with the state on day care centers this year.
The Board agreed to schedule a public hearing for March 18, 1991 They also
discussed the FAR exemption for a child care facility in commercial buildings
to encourage onsite day care facilities This facility can not be abandoned
without the permission of the state
46. Article 31. Parking Mr. Domnitz commented that based on the public
comments, most people walk to take out food service, particularly in the CB
district where the parking is set at 1/75 square feet, and he felt this was
tight and could be increased perhaps to 1/100 or 1/125 square feet without
increasing the parking problems in the district. The sense of the Board was
to make this looser.
Mr. Grant had questions on the loss of flexibility in changing the use He
felt that changing use between retail to restaurant and back should be able to
be done more easily.
The meeting was adjourned at 11 23 p.m.
David G Williams, Clerk
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