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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