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HomeMy WebLinkAboutPlanning Board Minutes, 1991-07-31 PLANNING BOARD MINUTES MEETING OF JULY 31, 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, Mr. Williams, with members Davison, Domnitz, Grant, Wood, Planning Director Bowyer, Assistant Planner Marino and Secretary Peters present. 154. Review of Minutes The Board reviewed and corrected the minutes for the meeting of June 26, 1991. On the motion of Mrs. Davison, seconded by Mrs. Wood, it was voted 5-0 to approve the minutes, as amended. The Board reviewed and corrected the minutes for the meeting of July 15, 1991 On the motion of Mrs. Wood, seconded by Mrs Davison, it was voted 4-0-1 (Mr. Domnitz abstained because he did not attend the meeting) to approve the minutes, as amended. 155. HATS, Memorandum of Agreement Establishing a Growth and Development Committee Selectman Jack Eddison joined the Board for a review of a draft Memorandum of Agreement, dated July 17, 1991, to establish a Growth and Development Policy Committee Mr. Williams turned the meeting over to Mr. Grant, the Board's representative on HATS. Mr. Grant welcomed Selectman Eddison on behalf of the Board for a review of the latest HATS draft Memorandum of Agreement establishing a Growth and Development Committee. Mr. Grant reviewed what had occurred between the Board's last discussion of the Memorandum and the resulting draft before it tonight. Mr. Williams asked how the Growth and Development Policy Committee would receive and disburse funds to the towns for particular ground transportation management projects. Mr. Eddison responded that funds are not going to be disbursed rapidly, and that the idea of the memorandum establishing the committee was to provide a mechanism for raising funds, in lieu of taxes, to improve roads around the Base. Mrs. Wood recommended that the three Lexington representatives on the Commit- tee be a Selectmen, a Planning Board member and a member of the Conservation Commission. She also suggested that the Memorandum provide for an alternative voting member, if the designated voting member, the Selectman, is not present at a meeting, and that the alternative be the Planning Board member. Mr. Eddison commented that the Planning Board representative was clearly the appropriate person as the alternate. While Lexington would be willing to designate the Conservation Commission as the third representative, some other towns prefer other options. Mr. Domnitz thought that any disbursement of funds or work done on Lexington streets with these funds should be approved by Town Meeting. Mr. Williams thought it was sufficient that the three members of the Committee come to consensus on any proposal. Mrs Wood noted that the Selectmen have juris- diction over Town streets Mr. Eddison added that, after consultation, ultimately, the Selectmen make the decision, as elected representatives of the public. A general discussion followed about the role of HATS, as it repre- sents the four towns in dealings with the Air Force at Hanscom Field. Minutes for the Meeting of July 31, 1991 2 Mr. Grant agreed that the public is represented by the Selectmen and the Planning Board, both of which are elected Town boards. He also said he would present the Board's thoughts on this draft at the next HATS meeting. Mr. Williams thanked Mr. Eddison for meeting with the Board. He also asked Mr. Eddison about the status of the proposed Post Office Distribution Center just over the town line in Waltham. Mr. Eddison noted that the Town had voted at the 1991 Annual Town Meeting to commit $10,000, and join Waltham to fight this location for the proposed Postal Department building, and that at this stage negotiations are continuing Mrs. Davison added that on the 12th of August the issue will come before a judge in Boston, and asked if the Selectmen will send an observer to indicate the town's concern in the matter. Mr. Eddison was unsure if anyone could attend. **************************** PLANNING DIRECTOR'S REPORT ********************** 156. Planning Director a. Boston Globe interview Mr. Bowyer reported on a call yesterday from a Boston Globe reporter who is writing an article on the "Greying of Lexington". The 1990 Census reported that the median age for Lexington was 41.6 (in 1970 it was 30). The reporter wished to pursue the relationship between the median age in town and its housing policy Mr Bowyer noted that Lexington is a town with mostly large single family homes, and that the town's population characteristics have changed, but the housing stock has not He reported he had discussed with the reporter the town's need for smaller housing units for smaller families, the difficulty of changing its housing stock, and what actions the Town is pursuing to remedy this situation. b. Pheasant Brook II . Definitive Plan Exemption. Building Commis- sioner Stephen Frederickson has reported that an application for a building permit was filed by Pheasant Brook II, and that the lot does not comply with the "jumbo" house setback and the impervious surface ratio requirements of the Zoning By-Law. The applicant, Mr. Cataldo, who is represented by Attorney Frederick DeAngelis, contends they do not have to comply with these requirements because the land containing the Pheasant Brook II subdivision is grandfathered under the provisions of the 1984 Zoning By-Law, when Pheasant Brook I was approved. The 1984 By- Law did not contain provisions on impervious surface or "jumbo" houses. Mr. Bowyer added that the state Zoning Act appears to say that if a plan is filed prior to the effective date of a zoning amendment, the land shown on the plan is governed by the applicable provisions of the Zoning By-Law in effect at that time. Mr Bowyer noted that the statute also provides that the submission of an amended plan or a further subdivision of the land does not waive that freeze. Mr. Domnitz said that he believed that the statutory freeze would terminate if the plan were amended. Mr. Bowyer added that the waiver referred to in the statute is at the land owner's option, not the Town's. So, in effect, all of the land approved under the Pheasant Brook I subdivision is subject to the 1984 Zoning Regulations, including Pheasant Brook II. Minutes for the Meeting of July 31, 1991 3 ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 157. Additional Hearings Scheduled for August 15. 1991 Mr Domnitz gave an oral review of the following applications scheduled to be heard by the Board of Appeals 1666 Massachusetts Avenue, Theodore P. Rakes d/b/a/ Lexington Square Pizza, SP, to operate a restaurant. On the motion of Mrs. Wood, seconded by Mr. Domnitz, it was voted 5-0 to recommend that the special permit be granted with the following conditions included in the deci- sion that the parking calculations for the prior and proposed uses be recorded in the decision; that no lighting is directed into the adjoin- ing residential neighborhood; that the tree in front of the building, which died, be replaced; and that the applicant purchase and monitor a trash container, whose design meets the approval of the Lexington Center Committee, to be located in front of the building. The Board also agreed to make no comment on the following applications 21 James Street, Kwi-yung Jung, Variance, from 15 foot side yard setback for a continued use of a deck with a setback of 14 feet 7 inches. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 158 Rockville Avenue Shea vs Town of Lexington. Report on Litigation Mr. Bowyer reviewed the history of the case, which goes back to 1980 when the Building Commissioner denied Mr. Shea's application for a building permit on Lot 2, Rockville Avenue, because that portion of Rockville Avenue was a paper street. Mr. Shea appealed the Building Commissioner's decision, and the case has been in the courts ever since. Mr. Bowyer added that this case provided the main impetus for enacting the Board's Policy on Construction Standards for Unaccepted Streets Relative to Building Lots The Board discussed two letters from the firm of Anderson & Kreiger, repre- senting the Town the first, dated July 19, 1991, reporting that a Middlesex Superior judge had granted the Board's cross-motion for summary judgement, which, if not appealed by Mr Shea, would end the case in the Town's favor. The second letter from Anderson & Kreiger, dated July 25, 1991, reported that Mr. Shea had appealed, so the case will continue in the courts. ***************************** REPORTS ************************************** 159. Planning Board Subcommittees While Selectman Eddison was present, the Board asked about the status of the following two items a. Minute-Man Bicycle War Mr. Williams asked about rumors that construction on the Minute-Man Bicycle Way would begin soon Mr. Eddison reported that the legal abandonment of the right-of-way by the j state had been completed; the final design of the path had been approved by the State DPW; and they were prepared to go forward with the bidding Minutes for the Meeting of July 31, 1991 4 1 procedure. It was hoped that the bids would go out and a contractor selected in September, and that work could start in the fall. Mr. Eddison added that once all was ready to go, the Bikeway Implementation Committee would be reconvened. b. Emery Park. Mr Williams asked about proposed changes at Emery Park and how citizens can hear about and express opinions about them. Mr Eddison noted that an improved LEXPRESS bus stop waiting area would be provided as part of an emerging design for all of Emery Park. Mr. Eddison added that the plans had been reviewed by the Design Advisory Committee, and that funds to do the work would come from LEXPRESS. Later in the evening, after Mr. Eddison had finished the discussion of HATS and left, the Board continued discussion of Lexington Center issues. c. Lexington Center Committee Mr. Williams reported that at the Committee's meeting last Thursday, it was reported that more money had been donated for benches so that it will be possible to locate benches in other locations than previously designated Mrs. Davison suggested that the area around the library needed benches. Mr. Williams questioned whether a waiting area for the buses should be developed at Emery Park because of his general reservations about development on park land. ***************** PLANNING BOARD PROJECTS, POLICY MAKING ****************** 160. Revision of Development Regulations Subdivision Regulations The Board began its review and edit of a draft section of Chapter 5, as of July 15, 1991, dealing with regulations for Approval Not Required Plans. The meeting was adjourned at 10 28 p.m. CCL Edmund C. Grant, Clerk