HomeMy WebLinkAboutPlanning Board Minutes, 1991-06-10 PLANNING BOARD MINUTES
MINUTES OF JUNE 10, 1991
The meeting of the Lexington Planning Board held in Room G-15, Town Office
Building, was called to order at 7 38 p.m by the Chairman, Mrs Wood, with
members, Davison, Domnitz, Grant, Williams, Planning Director Bowyer,
Assistant Planner Marino and Secretary Peters present.
******************** PLANNING DIRECTOR'S REPORT ************************
129. Subdivision Data Base Mr. Bowyer reported that it will take some time
to collect information on subdivisions from 1980 to 1991. The Board discussed
the material it received in this meeting's packets, and suggested that the
name of the subdivision and the nearest Town street to the subdivision be
incorporated into the next work-up; and that each work-up be dated.
**************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS **************
PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW
130 Form A/91-6, 210 Marrett Road Mr Marino explained that all the
changes proposed by the Board on the Form A/91-5 plan, which was filed at its
May 29 meeting, have been made by the applicant, and that the corrected Form A
has been refiled as Form A/91-6. On the motion of Mr. Grant, seconded by Mr
Williams, it was voted 5-0
to endorse the plan entitled "Plan of Land Located in Lexington,
Massachusetts (Middlesex County)", dated April 25, 1991 and revised May
31, 1991, by Meridian Engineering Collaborative, Inc , certified by
Donald E Bowen, Jr , Professional Land Surveyor, with application Form
A/91-6 by Brita E. Swenson & Margot B. Rushton, as it does not require
approval under the Subdivision Control Law
131. JOINT MEETING Planning Board and Conservation Commission Chairman
Joyce Miller with Conservation Commission members Angela Frick, Lisa Baci,
Joel Adler and Richard Wolk joined the Board for a discussion of land use
issues Mrs Miller noted that with funding for conservation purposes drying
up, more reliance would have to be placed on zoning to preserve open space
She added that the Commission the felt the joint site visits with the Planning
Board had been a good idea, and recommended they be resumed. She also
recommended that the words "to remain open in perpetuity" be added to the
Development Regulations, in reference to open space that is given to the Town
as part of cluster subdivisions, or other gifts from developers
A discussion of the aquifer protection by-law followed. Ms. Baci reported the
Commission had not had sufficient time to prepare one for the 1991 Town
Meeting. The question of whether the aquifer by-law should be part of the
General By-Laws or part of the Zoning By-Laws was also discussed.
Mr. Williams suggested 1) that the provisions of the Hobbs Brook Study be
implemented; 2) that special conditions to Planning Board and Conservation
Commission decisions be added to strengthen good land development practices;
and 3) consideration be given to the preparation of a jumbo house by-law
Minutes for the Meeting of June 10, 1991 2
covering infill lots and lots with small homes which are demolished in order
to build jumbo homes on substandard lots.
Mr Adler questioned whether precedents would be set, encouraging the con-
struction of jumbo homes, when roadway widths are reduced and sidewalks
eliminated, thus increasing the amount of impervious surface available for
jumbo homes. He recommended that sensible roadway and sidewalk widths be part
of the Development Regulations revisions, so there would not be no the need
for granting waivers, on a regular basis, on these widths in individual
subdivision decisions
The Conservation Commission was asked for its input in the development of
regulatory provisions dealing with private land. Mrs. Miller thought, and all
agreed, that new solutions for the design of detention ponds were badly
needed.
Mrs Frick commented on the Conservation Commission's responsibility to update
the Town's "Open Space and Recreation Plan" every five years as required by
the State, and asked the Planning Board's help in doing so. She also asked
about the status of the South Lexington Plan, since she feels South Lexington
is a very sensitive area. She mentioned traffic problems and the amount of
remaining buildable area on Waltham Street, and what future uses for the
Metropolitan State Hospital might be considered.
Mrs Wood expressed the Board's gratitude to the Conservation Commission for
joining it for a very worthwhile discussion.
*********************** REGIONAL, INTERTOWN ISSUES *************************
132 HATS. Memorandum of Agreement Mr. Grant presented some background on
the organization of HATS. He said that the four towns, Lexington, Lincoln,
Bedford and Concord, each have three members on the committee; a selectman, a
member of the Planning Board and a member at large, with the selectman as the
voting member He added that the proposed Memorandum of Agreement would call
for the establishment of a committee to be known as the Hanscom Area Growth
and Policy Committee consisting of three members from each town, with the
selectman voting, and the other members representing the Planning Board and
the Conservation Commission. The Commander of the Electronic Systems Division
(ESP) , Hanscom AFB would become a fifth committee member, also having one
vote, the same voting power as each town. The Board questioned why this was
done Members also asked who would cast the town's vote if the selectman was
unable to attend and vote
Mr. Domnitz questioned the "price" of accepting funds from ESD, as well as the
power of the Growth and Development Policy Committee. Mrs. Wood suggested
that two out of three votes be required from each town, instead of the
selectman being the only member voting. Mr. Bowyer suggested, and the Board
agreed, that it be required that the town directly affected by any proposal
must vote with the majority vote. It was also asked if money could be used in
a town without Town Meeting approval
Minutes for the Meeting of June 10, 1991 3
r--
The Board recommended that the Air Force not have a vote on the Hanscom Area
Growth and Development Policy Committee or be able to chair the meeting. Mr.
Grant will convey the Board's concerns and comments at the next HATS meeting,
the third week in June
Mr Domnitz presented a draft letter that he had prepared, outlining the
Board's position on the Generic Environmental Impact Report, addressed to
Susan Tierney, Secretary of the Executive Office of Environmental Affairs.
the Board reviewed the draft letter and agreed the contents represented its
position. On the motion of Mr. Domnitz, seconded by Mrs. Davison, it was
voted to send the letter, as drafted, to Mrs Tierney with a copy sent to the
Selectmen
**************** PLANNING BOARD ORGANIZATION, SCHEDULE ******************
133 Election of Officers Mrs Wood asked for nominations for officers of
the Planning Board to serve for one year.
Mr Domnitz nominated Mr. Williams for chairman There were no other nomina-
tions, and the Board voted unanimously to elect Mr. Williams chairman.
Mrs. Davison nominated Mr. Domnitz for vice chairman There were no other
nominations, and the Board voted unanimously to elect Mr. Domnitz vice
chairman.
Mrs Davison nominated Mr. Grant for clerk. There were no other nominations,
and the Board voted unanimously to elect Mr Grant clerk
**************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************
SUBDIVISION OF LAND
134. Pheasant Brook II . Release of Lot 4 Mr. Marino reported the applicant
has requested the release of Lot 4, the 6th lot released out of 10 lots. He
added that the Town holds sufficient surety to ensure completion of the sub-
division, and that work is progressing well On the motion of Mrs Wood,
seconded by Mr Grant, it was voted 5-0 to release Lot 4
RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS
135. Hearings scheduled for June 20. 1991 Mrs Davison gave an oral review
of the following applications to be heard by the Board of Appeals
80 Hayden Avenue, Oui Offices Unlimited, Inc. , SP, to install an
internally illuminated wall sign facing Rte. 2 to identify the tenant of
a commercial building, to allow the punctuation of the letter "i" to
exceed the 3-foot height requirement of the Zoning By-Law, and to allow
backlit illumination of the letters "oui". The Board noted an internal-
ly illuminated sign is not permitted by right by the Zoning By-Law, and
did not think the Board of Appeals should grant a special permit
allowing this one.
The Board agreed that this was an inappropriate location for the sign,
since it would face Benjamin Road and other residential neighborhoods
Minutes for the Meeting of June 10, 1991 4
across Route 2 and would appear to suggest a furniture retail sales
operation, which is not permitted in the CR0 District. They also agreed
that this type of sign was out of character with the Hayden Avenue CR0
zoning district, and that allowing this type of sign would begin to
change the character of this district to that typical of other highway
oriented commercial districts.
On the motion of Mrs Davison, seconded by Mrs. Wood, it was voted 5-0
to recommend the special permit not be granted.
46 Bedford Street, Shell Oil Company, to modify a special permit,
granted 7/30/63, for a gas station, to add an additional 48 sq ft to the
building for the retail sale of convenience goods, and to increase the
parking capacity. It was first thought by some Board members that the
application was incomplete, because it did not comply with the landscap-
ing requirements. Further discussion clarified that landscaping is not
required because the lot does not abut another zoning district A
motion was made by Mrs Davison, seconded by Mr Williams, to make no
recommendation on this application. By a vote of 2-3, this motion did
not carry, with Mr. Williams, Mrs Davison and Mr. Domnitz voting in the
negative.
Mrs. Davison moved and Mr. Williams seconded to express concern about
the intensity of use at this very busy intersection that would be
I increased by the sale of convenience food. She also expressed concern
that other gasoline stations would wish to sell convenience foods. Mr.
Bowyer noted that the sale of convenience food is permitted as of right
in the CRS district Mr Grant added that the Board should not be
recommending against a use that is allowed by right in the district
Mrs. Wood observed that to do so could be interpreted as a criticism of
the Zoning By-Law, which had been enacted at Town Meeting on the
recommendation of the Planning Board. By a vote of 2-3, this motion
also did not carry, with Mr. Grant, Mrs. Wood and Mr. Williams voting in
the negative.
On the motion of Mr. Williams, seconded by Mrs. Wood, it was voted 3-2,
with Mrs. Davison and Mr. Domnitz voting in the negative, to reconsider
the motion to make no comment on the application.
On the motion of Mrs Wood, seconded by Mr. Grant, it was voted 4-1 (Mr.
Domnitz voted in the negative) to make no comment on the application.
The Board agreed to make no comment on the applications below, also scheduled
to be heard by the Board of Appeals on June 20, 1991.
94 Winter St. , Frank & Janet Kern, variance, from a 20 foot required
setback to a side street, to enlarge and cover the nonconforming porch
and allow a setback of 14 feet from the roof overhang to Morris St.
26 Vinebrook Road, Janis Gogan, variance, from a 10 foot side yard
required setback, to extend a nonconforming attached garage forward with
a one-story addition and allow a side yard setback of 7. 5 feet (Mr.
Domnitz wished to be recorded as against granting this variance)
Minutes for the Meeting of June 10, 1991 5
****************************** REPORTS ***************************************
136. Planning Board. Subcommittees
a. Center Business Committee Mr Williams announced that the
Committee's next meeting will be held this at noon this Thursday, and
that he will be unable to attend. Mr. Domnitz will try to go.
The meeting was adjourned at 11 17 p m.
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Edmund C Grant, Cleric