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HomeMy WebLinkAboutPlanning Board Minutes, 1991-09-11 PLANNING BOARD MINUTES MEETING OF SEPTEMBER 11, 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 Mr. Williams, with members Davison, Domnitz, Grant, Wood, Planning Director Bowyer, Assistant Planner Marino and Secretary Peters present 171. Review of Minutes The Board reviewed and corrected the minutes for the meeting of August 28, 1991 On the motion of Mrs Davison, seconded by Mr Grant, it was voted 4-0-1 (Mrs Wood abstained as she had not attended the meeting) to approve the minutes, as amended *********************** PLANNING DIRECTOR'S REPORT ************************* 172. Recent Events a. Lexington Ridge. Waltham Street Mr. Bowyer reported on the Housing Appeals Committee continued hearing on Lexington Ridge's appeal of the Board of Appeal's decision approving the comprehensive permit with conditions. The session that he attended September 5 was the last evidentiary hearing and the decision will probably not be available for approximately 90 days b. 7 Brent Road. Developer Mark Moore and Streeter Stuart, 7 Brent Road, met with the staff to discuss possibilities for a 3 lot subdivi- sion on Mr Stuart's property. After the developable site area was computed, it appeared there was only enough lot area for a 2 lot subdivision. As there is already one house on the land and only one more house is permitted, it remains to be seen whether Moore will proceed. c Street Acceptances for 1992 Town Meeting Mr. Bowyer reported that only one subdivision street is ready to be proposed for acceptance at the 1992 Town Meeting. Due to the time it takes for the Engineering Department to prepare the street acceptances, the Town Engineer has asked that the request for Town acceptance of this street be postponed until the 1993 Town Meeting, when presumably, there will be additional streets ready to be proposed for Town acceptance. ********************* PLANNING PROJECTS, POLICY MAKING ****************** 173. Revisions of Development Regulations Subdivision Regulations The Board began its review and editing of the draft, dated August 20, 1991, of Section 7, Implementation, Construction of an Approved Definitive Subdivision Plan *************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************ 174 CUS 91-1. Lot 45 James Street a. Review of Policy on Grade and Construction of Unaccented Streets Mr. Bowyer reviewed the evolution of the Policy from the early eighties until the present, noting that the standards for the grade Minutes for the Meeting of September 11, 1991 2 and construction of unaccepted streets have now become almost the same as those required for subdivision streets. He added that the 1 Policy does enable the Board to exercise some flexibility, based on specific site conditions, in what can be required to bring unaccept- ed streets up to adequate grade and construction b. Determination of Grade and Construction for Lot 45 James Street Mr Marino reported that the applicant, Mr. Sundar Balasuryan, has asked that the provisions of the Policy on Grade and Construction of Unaccepted Streets be waived. Mrs Wood argued the Board should not grant this request, since it would confer special status on this lot and establish undesirable precedents affecting future determina- tions. Mr Williams questioned the legality of the Board's approving grade and construction standards for a portion of James Street that could cause surface water to drain onto private land. He asked that Town Counsel be asked to give an opinion on the property rights of the abuttors onto whose land surface water might run. Mrs. Davison questioned whether a public hearing will be held and how abutters will know of the proposed changes. Mr. Grant and Mrs. Wood responded that there is no provision in state law for a public hearing. Mr. Marino commented that there is no provision for appeal which is usually the practice after a public hearing. Mr. Williams asked that the staff communicate to the applicant to encourage him to explain the proposed construction to those affected. On the motion of Mrs Wood, seconded by Mr. Grant, it was voted 4-1-0 (Mr. Domnitz voted in the negative) 1. That the Planning Board does not grant the applicant's request for a blanket waiver from the requirements in the "Policy On Construction Standards for Unaccepted Streets". In the opinion of the Planning Board, James Street, insofar as it provides frontage for Lot 45, as shown on Map 87, is not now of adequate grade and construction; If the improvements identified on the "Plan and Profile of a Portion of James Street in Lexington, Mass. , " dated August 8, prepared by John P. Burney, Professional Engineer in the Commonwealth of Massa- chusetts are made 1) with minor changes which are approved by the Town Engineer, 2) with the addition of 3 street trees per the standard, and 3) are considered adequate upon inspection by the Town Engineer, then the portion of James Street to which the Planning Board re- quired improvements would be of adequate grade and construction; The work may proceed in 2 stages stage #1 shall consist of improve- ments between telephone pole #7 ( identified on the plan) toward the east; stage #2 shall consist of improvements from telephone pole #7 toward the west. The applicant shall have the option of providing surety for the completion of stage 2 only. Stage 1 must be fully completed. Minutes for the Meeting of September 11, 1991 3 This opinion is limited to the construction of the street and should not be interpreted as implying that the lot under consideration meets other tests of the Zoning By-law to qualify it as a building lot; and 2. This determination is subject to the opinion of Town Counsel as to what property rights abutters have concerning surface water drainage onto their property from the improved road. SUBDIVISION OF LAND 175. Taylor Lane Accent Covenant and Endorse Plans Mr. Marino reported that the covenant is ready to be accepted and the plans are ready to be endorsed. On the motion of Mrs. Wood, seconded by Mrs Davison, it was voted 5-0 to endorse the definitive subdivision plan entitled Taylor Lane, Lexington, Massachusetts and to accept the covenant executed by Philip L Tropeano, dated August 26, 1991. 176 Valod's Way. Accent Covenant and Endorse Plans Mr. Marino reported that the covenant is ready to be accepted and the plans are ready to be endorsed. On the motion of Mrs Wood, seconded by Mrs. Davison, it was voted 5-0 to endorse the definitive subdivision plan entitled Valod's Way, Lexington, Mass. and to accept the covenant executed by George Issaians It and Bella Markarians, dated August, 27, 1991. 177. Orchard Crossing. Reduction in Surety Mr Marino reported that the developer has asked for a reduction in the amount of surety held for the completion of the community facilities in this subdivision. He noted that the "Cost to Construct" for the remaining work, as approved by the Engineering Department, is $32,100 and that the original "Cost to Construct" for this subdivision is $330,000. Since surety can never be reduced to less than 15% of the original "Cost to Construct" until the subdivision is completed and all surety released, the minimum amount of surety that must continue to be held is $49,500. This includes the required contingency amount, provisions for escalation of construction costs and administrative costs On the motion of Mrs Wood, seconded by Mr. Williams, it was voted 5-0 1) to reduce the amount of surety to $50,000 to be held until the completion of the community facilities and the subdivision; and 2) that level of surety is adequate until September 11, 1992 at which time the level of surety may need to be reevaluated. ************************** ANNUAL TOWN MEETING ****************************** 178. Planning Board Articles for the 1992 Annual Town Meeting The Board discussed what zoning articles it might wish to bring next year's Annual Town Meeting. Tentatively, members agreed to investigate subjects and which member would be responsible 1) further regulation of internally lit signs - Mrs. Davison; Minutes for the Meeting of September 11, 1991 4 2) setting fees for bed and breakfast establishments - Mrs Davison; 3) further refinement of the pet grooming zoning amendment, that was passed last year - Mrs. Wood; 4) adding further "reasonable" regulations to religious and educational uses, beyond what was passed last year - Mr Domnitz; and 5) what parking changes to the Zoning By-Law for the Center Business zone. The Chamber of Commerce had expressed interest in this subject last year Mr. Grant reported that he had talked to the Chamber of Commerce, and had asked the Chamber to come up with recommendations In response to Mr Bowyer's caution that the Planning Department would be able to offer only limited staff resources for zoning articles for the Town Meeting, the Board discussed the process by which priorities are set for the Planning Department staff. Mr Bowyer indicated the Town Manager had an important role in this process ****************************** REPORTS ************************************ 179. Planning Board. Subcommittees a. Lexington Center Committee Mrs Davison reported it was announced at the August 29 meeting that 16 more benches have been purchased and are ready for installation She added that the Committee's first priority for the coming year is Depot Square, and that Robert Ossman has prepared some preliminary plans for discussion b. Regional Postal Service Distribution Center Mrs Davison reported that she attended the hearing in Federal Court in Boston on the proposed center, and that there should be a decision on the motion for summary judgement on the center location by the end of September. The meeting was adjourned at 11 06 p.m Edmund C. Grant, Clerk . i