HomeMy WebLinkAboutPlanning Board Minutes, 1991-06-26 PLANNING BOARD MINUTES
MINUTES OF JUNE 26, 1991
The meeting of the Lexington Planning Board held in Room G-15, Town Office
Building, was called to order at 7 33 p.m. by the Chairman, Mr. Williams, with
members, Davison, Grant, Wood, Planning Director Bowyer, Assistant Planner
Marino and Secretary Peters present Mr. Domnitz arrived during Item 138.
137. Review of Minutes The Board reviewed and corrected the minutes for the
meeting of May 29, 1991. On the motion of Mrs. Wood, seconded by Mrs.
Davison, it was voted 4-0 to approve the minutes, as amended.
The Board reviewed the minutes for the meeting of June 10, 1991. On the
motion of Mrs. Wood, seconded by Mr. Grant, it was voted 4-0 to approve the
minutes, as written.
************************ PLANNING DIRECTOR'S REPORT ***********************
138. Planning Director
a. Grade and Construction of Unaccented Streets Hillside Ave / Bruce
Road: Mr. Bowyer reported on a meeting he attended yesterday concerning
LexHAB's plans to construct an affordable house at the corner of Hill-
side Avenue and Bruce Road. At that meeting, Marshall Derby, on behalf
of LexHAB, asked to meet with the Board to present these plans and have
the Board make a determination of the grade and construction of the
unaccepted street. The Board agreed to meet with LexHAB at its July 15
meeting. Members also agreed to assemble at 7 00 p.m that evening at
the corner of Bruce Road and Hillside Avenue for a site visitation.
b. Grade and Construction of Unaccented Streets James St Hunt Rd.
Mr. Bowyer reported that inquiries have been made about upgrading por-
tions of these streets in order to qualify lots for the construction of
new homes.
c. Housing Anneals Committee Mr. Bowyer reported that the third
evidentiary hearing on the Lexington Ridge comprehensive permit appeal
was held last Thursday, and that he gave testimony for approximately
2 1/2 hours. The hearing was continued until August 1, 1991.
******************* ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS **********
SUBDIVISION OF LAND
139. PUBLIC HEARING. Taylor Lane. Definitive Subdivision Plan Chairman
Williams opened the hearing at 7 48 p.m. Landscape Architect, Gary Larson, of
Larson Associates, representing the applicants, presented the definitive
subdivision plan. Mr. Larson noted that they had worked closely with Rick
Waite, Meridian Engineering, and the Town Engineering and Planning Depart-
ments, and that the plan was largely the same plan that was presented at the
preliminary plan stage, with the recommendations made by the Board in its
decision on the preliminary plan incorporated into this plan.
Minutes for the Meeting of June 26, 1991 2
Mr. Larson said the Board had then favored waiving the Town's requirement for
a 25 foot radius rounding at the intersection of the roadway with Revere
Street in order to save a large tree. He added the applicant requests waivers
allowing• the required paved roadway width of 24 feet to be reduced to 21
feet; the substitution of a hammerhead turnaround for the standard turnaround;
trees to be saved and additional trees added within the 50 ft. street right-
of-way, on a case-by-case basis, with the consent of the Superintendent of
Parks and Trees; the required sidewalk not to be built; the elimination of
granite curbing at the hammerhead turnaround; and that the fire alarm system
and traffic analysis be not be required.
Mr. Larson added that the Engineering Department was satisfied with the design
of the sewer system, and that their concerns about keeping surface water
drainage on-site had also been addressed.
Mr. Grant asked how the applicant would be affected if the Town would not
accept a street with a pavement width of 21 feet. He referred to the memo
from Richard Spiers, Director of Public Works/Engineering, dated June 21,
1991, in which Mr. Spiers stated that the Department strongly opposed granting
the waiver. Mr. Perry responded that he thought the Town's not accepting the
street, and requiring it to remain a private street, would make the subdivi-
sion harder to market. Mr. Grant also asked why the developer was asking that
the requirement for granite curbing around the turnaround be waived, and was
told it was to save money.
Mrs. Davison favored granting the waiver to allow a 21 foot paved roadway
width, and noted that if the Town's standards were later changed to allow a 21
foot paved roadway, the applicant could bring a citizens' petition to Town
Meeting for acceptance of the street by the Town. She also commented that if
construction of the sidewalk were waived, the amount of impervious surface
would be reduced.
Mr. Domnitz asked who owned the road until it is accepted by the Town, and was
told that the developer did. Mr Williams asked who was responsible for the
maintenance of the grass strip between the paved roadway and the property line
of the subdivision, and was told it would be the responsibility of the four
lot owners.
There were no questions from the audience, and Mr. Williams declared the
hearing closed at 8 30 p.m.
Later in the evening, the Board gave direction to the staff for drafting a
decision. Mrs. Wood asked, and the Board agreed, that specific language be
included in the decision stating that everything possible be done to protect
the trees along the northeast side of Taylor Lane. The Board also discussed
locating the sewer line in the street off-center, if this were agreeable to
the Engineering Department, to avoid damaging tree root systems in the right-
of-way. Mr. Bowyer recommended that technical input from a landscape archi-
tect or arborist first be obtained to see what the effect of a sewer line, in
the center of the street, would be on tree roots before the Board agreed to
that waiver.
A straw vote of the Board indicated that it favored approving the definitive
plan, with conditions. The Board agreed to grant the waiver from requiring a
Minutes for the Meeting of June 26, 1991 3
C
25 foot radius rounding at the intersection of the subdivision street and
Revere Street. The Board also agreed to allow the substitution of a hammer-
head turnaround for the traditional cul-de-sac required by the Development
Regulations.
Mr. Bowyer noted that Lot 4 may not have sufficient frontage because the
Zoning By-Law does not allow a street frontage line to follow the line of the
hammerhead turnaround. Later in the discussion, the Board agreed this problem
should be brought to the attention of the developer, and any necessary
corrections should be made before the decision is acted upon by the Board.
Mr. Williams said that he understood that the applicant, Mr. Perry, wished to
continue to propose a 21 foot wide paved roadway, rather than the 24 foot wide
paved roadway required by the Development Regulations, provided the Board did
not preclude the developer from petitioning Town Meeting for acceptance of the
road in the future. Mr. Grant also thought that Mr. Perry had said this, and
if Town Meeting did not accept the street as a public way, Mr. Perry had said
that the road would be maintained privately by the owners. Mrs. Wood, noted
and the Board agreed, that future property owners on the road must be made
aware from the beginning that they may be responsible for the maintenance of
the road if the road is not accepted as a public way by the Town.
In response to a question from Mr. Grant, Mr. Bowyer said there was a policy
issue of following the Town's regulations, which will be coming before the
Board as it reviews the draft revisions of the Development Regulations in the
next month or so. Mr. Grant added that whatever standards the Town has should
be enforced consistently. A majority of the Board leaned toward granting the
waiver to allow a 21 foot wide paved roadway, although no vote was taken at
this time.
After a discussion of the necessity and width of a sidewalk, Mrs. Wood moved
that the Board not grant the waiver allowing the elimination of the sidewalk.
There was no second to that motion. Mrs. Davison moved that the Board grant
the waiver allowing the elimination of the sidewalk. There was no second to
that motion. On the motion of Mr. Domnitz, seconded by Mr. Williams, it was
voted 3-1-1 (Mrs. Davison voted in the negative and Mr. Grant abstained) to
allow the width of the sidewalk to be reduced from the required five feet to
four feet if the developer chooses to do this.
On the motion of Mrs. Davison, seconded by Mrs. Wood, it was voted unanimously
to require slanted granite curbing around the turnaround. The Board also
voted to grant the waiver allowing the preservation of existing trees in the
right of way and the addition of more landscaping, on a case-by-case basis,
with the consent of the Superintendent of Parks and Trees.
On the motion of Mrs. Wood, seconded by Mr. Grant, it was voted unanimously to
grant waivers from requiring a fire alarm system and a traffic analysis.
Mr. Marino noted that the Board must make a determination that the landscape
plan conforms to the provisions of Section 9.3.2 of the Zoning By-Law. He
added that this is necessary because the road right-of-way line and the pro-
perty line are the same. On the motion of Mrs. Wood, seconded by Mr. Grant,
it was voted unanimously to make this determination.
Minutes for the Meeting of June 26, 1991 4
Mr. Williams asked if the land abutting the subdivision could have access on
Taylor Lane, and if additional lots could be created with legal frontage on
the subdivision street sometime in the future. There was extensive discussion
of the possibility of these additional lots fronting on the subdivision street
and what should be the desirable pavement width in that case.
In response to questions, Mr. Bowyer stated that if the street were accepted
as a public street, newly created additional lots on the abutting land would
be entitled to access and frontage on a public street; if the street were kept
as a private street, newly created additional lots on the abutting land would
have to obtain permission from the private owners of the right of way to gain
access and frontage. Mr. Williams observed there was no way to protect
against access at some time in the future because, if the price was right, the
right of access could be acquired.
On the motion of Mrs. Wood, seconded by Mr. Domnitz, it was voted 3-2 (Mrs.
Davison and Mr. Williams voted in the negative) not to grant the waiver
allowing a 21 foot wide paved roadway.
140. Orchard Crossing
a. Amendment to Certificate of Action. Special Permit: The Board
reviewed and edited a draft decision entitled "Revision and Amendment to
the Approved Plan" approving the proposed revisions and amendments to
( the subdivision plan entitled "Orchard Crossing Joint Venture Subdivi-
sion - Lexington, MA", dated September 25, 1987, revised March 1, 1988.
On the motion of Mrs. Wood, seconded by Mr. Grant, it was voted 3-2-0
(Mr. Domnitz and Mr. Williams voted in the negative) that the driveway
on Lot 16 C be allowed to be set back one foot instead of the required '
five feet.
On the motion of Mr. Grant, seconded by Mrs. Wood, it was voted 5-0:
1) to approve the proposed revisions and amendments to the
Certification of Action and the Special Permit as shown on the
subdivision plan entitled "Orchard Crossing in Lexington Mass",
dated March 18, 1991, revised June 7, 1991, by Noonan & McDowell,
Inc. ; and
2) to approve the wording of the decision, as amended.
b. Technical Adjustments to Boundary Lines The Board discussed a memo
from Assistant Planner Marino, dated June 20, 1991, reporting that the
"as-built" plans, submitted by the developer of the Orchard Crossing
subdivision, contained minor drafting errors. The corrections have been
made to the satisfaction of the Engineering Department, and the correct-
ed plan now requires Planning Board endorsement because the layout of
this part of Sanderson Road was approved as part of the Orchard Crossing
definitive subdivision.
On the motion of Mrs. Wood, seconded by Mr. Domnitz, it was voted
1 , 5-0 to approve the changes to the Orchard Crossing definitive
subdivision, and to endorse the "as-built" plans, as amended.
Minutes for the Meeting of June 26, 1991 5
RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS
141. Aunlications To Be Heard on July 11. 1991 Mr. Grant gave an oral
review of the following applications
8 Marshall Road, Peter Orlov, SP, to use a portion of his residence as
an office for Psychotherapy Practice, (20 hours a week. ) Mr. Grant
noted that the application has not significantly changed from the
previous application, denied two years ago by the Board of Appeals,
which cited narrowness of the roadway, location on a small neighborhood
cul-de-sac and lack of parking spaces as reasons for denial. On the
motion of Mr. Grant, seconded by Mr. Williams, it was voted 5-0 to
recommend this application be denied also.
703 Massachusetts Avenue, Jeffrey C. Alpert, SP, to install a free
standing sign for Balston Inc. replacing 2 existing wall signs. A
majority of the Board agreed that the proposed free standing sign was an
improvement over the existing signs. On the motion of Mr. Grant,
seconded by Mr. Williams, it was voted 4-1 (Mr. Domnitz voted in the
negative) to recommend that the special permit be granted.
The Board agreed to make no comment on the applications below also scheduled
to be heard by the Board of Appeals on July 11, 1991.
( ' 24 Lincoln Street, Hayden Recreation Center, renew SP, for a free stand-
ing sign erected 3 times a year.
434 Marrett Road, Christine S. Klostermann, SP, to use a portion
of a residence as an office.
142. 80 Hayden Avenue Mrs. Davison reported that the application for the
internally illuminated sign was denied by the Board of Appeals at its June 20
meeting, which she attended. The Planning Board discussed how the issue of
the showroom, found to be located there, should be handled since it is an
illegal use in that zoning district. The Board agreed it should be handled by
the Building Commissioner, who enforces the Zoning-By-Law.
*********************** REGIONAL, INTERTOWN ISSUES ***********************
143. HATS II. Memorandum of Agreement: Mr. Grant reported on the June 20th
HATS II meeting, where he presented the Board's concerns and questions raised
at its last meeting. He added that the draft Memorandum of Agreement was
reviewed and edited. HATS members agreed to stay with the Chapter 40, Section
4I format that authorizes the formation of a Growth and Development Policy
Committee, and enables the four towns to accept payments from the Hanscom
Field in lieu of taxes and from corporations who hold government contracts
with the Air Force The Board questioned whether these payments would be
available with "no strings".
Mr. Grant reported that the meeting also agreed to require a 4/5 vote for all
actions that come before the Growth and Development Policy Committee, and that
the four towns can cancel the Growth and Policy Development Committee at any
time, if they all agree to do so, without Hanscom Field's vote. He added that
the selectman will still have the voting membership, with the other two
Minutes for the Meeting of June 26, 1991 6
members designated as one from the Planning Board, and one at large. The
Board had questions about who would vote if the selectman was unable to attend
a meeting.
Mr. Grant said the draft will be revised and will come back to the Board for
its final approval. The Board agreed to invite Selectman Jack Eddison,
Lexington's voting member, to join the Board for its final review of the
agreement.
****************** PLANNING BOARD ORGANIZATION, SCHEDULE *********************
144. Committee Assignments The Board updated the 1990-91 list of committee
assignments held by Board members for 1991-1992, as follows
Lexington Lighting Options Committee - R. Domnitz, liaison;
Lexington Center Committee - D. Williams, member; J. Davison, liaison,
Minuteman Commuter Bike Path Implementation Committee - M. Wood, voting
member;
Hanscom Area Towns Study Committee - E. Grant, Planning Board
designee; and
Metropolitan State Hospital Land Task Force - D. Williams, voting
member, J. Davison, liaison.
************************** REPORTS *****************************************
r 1 145. Planning Board. Subcommittees
Il a. Lexington Center Committee Mr. Domnitz reported that at the
meeting he attended last week, there was more discussion of the benches
in the center, and Robert Ossman presented a proposal that would make
major changes to traffic circulation around the Green. Mr. Williams
reported that David Wells, Chairman of the Committee, has asked to meet
with the Board to discuss the Committee's serving as liaison between the
Planning Board, the Design Advisory Committee, the Chamber of Commerce
and other interested groups on center related issues.
***************** PLANNING BOARD PROJECTS, POLICY MAKING *********************
146. Revision of Subdivision Regulations The Board agreed it was too late
in the evening to begin discussion of the material distributed for this item.
The Board did briefly discuss an article that appeared in the Boston Globe
recently about ways the BSA (Boston Society of Architects) seeks to encourage
the development of cluster developments as a way to preserve open space and
reduce traffic congestion in communities. Mrs. Davison asked if they could be
invited to speak to the Board in the near future. The Board agreed this would
be a good idea and asked it to be scheduled for the fall, if possible, and
perhaps make it a regional meeting for more than one town.
The meeting was adjourned at 10 58 p.m.
Edmund Grant Clerk