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HomeMy WebLinkAboutPlanning Board Minutes, 1991-12-09 PLANNING BOARD MINUTES MEETING OF DECEMBER 9, 1991 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7 37 p.m. by the Chairman, Mr. Williams, with members Davison, Domnitz, Grant, Planning Director Bowyer and Assistant Planner Marino present. Mrs. Wood was absent. 231. Minutes for the Meeting of December 2. 1991 The Board reviewed and corrected the minutes for the meeting of December 2, 1991. On the motion of Mrs. Davison, seconded by Mr. Domnitz, it was voted 4-0 to approve the minutes as amended. ************* ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************** DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 232. James Street Lot 45 On the motion of Mr. Grant, seconded by Mr. Domnitz, it was voted 4-0 1) to set the amount of surety for the improvement of James Street at $5,500.00 as recommended by the Engineering Department as the amount necessary to hold until the completion of the James Street improvement; 2) that this level of surety is determined to be sufficient through December 9, 1992, only If the improvement of James Street is not completed by that time, the amount of surety needed may be re- evaluated to determine its relationship between the then applicable construction costs and the work remaining to be completed If little or none of the work that remained, at the time this surety was posted, is completed by December 9, 1992, and the current costs, of the amount of work to be completed, have increased, the amount of I surety will be increased to reflect the costs of completing the work and the developer will be required to furnish additional surety to the Planning Board 3) This action by the Planning Board does not authorize the Building Commissioner to extend the expiration date of the temporary certifi- cate of occupancy beyond May 31, 1992 PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 233. Form A/91-12. 73 Middle Street The Board reviewed a plan showing the division of a single lot into two lots, each having sufficient lot area and frontage on a public way On the motion of Mr Grant, seconded by Mr. Domnitz, it was voted 4-0 to endorse the plan entitled "Subdivision Plan of Land in Lexington, Mass (Middlesex County)", dated November 25, 1991, prepared and certified by James R. Keenan, Professional Land Surveyor, with applica- tion Form A/91-12 by applicant Catherine A. Napoli, as it does not require approval under the Subdivision Control Law. Minutes for the Meeting of December 9, 1991 2 234. Form A/91-13. Forest and Muzzev Street The Board reviewed a plan showing the division of a single lot into two lots, each having sufficient lot area and frontage on a public way. On the motion of Mr. Grant, seconded by Mrs. Davison, it was voted 4-0 to endorse the plan entitled "Plan of Land in Lexington, Mass. (Middle- sex County)", dated December 5, 1991, by Stamski and McNary, Inc. , certified by William F. McNary, Professional Land Surveyor, with application Form A/91-13 by applicant William H. Hamilton, as it does not require approval under the Subdivision Control Law. 235. Form A/91-14. Concord Ave. Minuteman Village The Board reviewed a plan to divide Minuteman Village, a condominium and apartment complex, into two lots one containing the apartments and the other lot containing the condomin- iums. Attorney Alan Schlesinger, representing the applicant, Minuteman Village Condominium Association, explained that there had been difficulties recently when the some of condominium documents, prepared for the last phase built, stated that this last phase had to be cleared by December 31, 1988, and this was not done. As a result, owners in Phase 4 have had difficulty in selling their units. Mr. Schlesinger said that after consultation with the Planning Board and staff, it appeared the easiest way to remedy this problem was to subdivide the property into two lots that track the separate ownerships involved, and that meet the requirements for a plan not requiring subdivision approval. However he noted this results in zoning violations for which variances will be required, as well as a special permit for a shared driveway, from the Board of Appeals. In response to questions from Mr. Williams, Mr. Bowyer noted that in similar situations in the past, the Board had endorsed and held such plans until the Board of Appeals had acted on applications for such variances and special permits, and if the Board of Appeals granted the variances and special permits, and the 21 day appeal period had passed, the Planning Board released the endorsed plan for recording at the Registry The Board reviewed a memorandum prepared by the Assistant Planner, dated December 9, 1991, outlining how the Board might proceed. Mr. Grant noted that he might have a potential conflict of interest in voting on the proposed plan, and will abstain if the Board takes any action tonight He said he would consult with Town Counsel for a ruling on this possible conflict of interest. It agreed to consider this application further and to table it to the next meeting on December 16. *********************** REPORTS ********************************************* 236 Planning Board. Subcommittees a. HATS Memorandum of Agreement The Board reviewed an updated draft of the Memorandum of Agreement, dated 11/15/91 On the motion of Mrs. Davison, seconded by Mr. Grant, it was voted 3-0-1 (Mr. Domnitz Minutes for the Meeting of December 9, 1991 3 voted in the negative) to endorse the Memorandum of Agreement, establishing a Growth and Policy Committee, as written in this draft b. Metropolitan State Hospital Land Use Task Force Mr. Williams reported the tour scheduled for last Wednesday was canceled. Town Manager will reschedule a time for a tour of the buildings and grounds. *********************** ARTICLES FOR THE 1991 TOWN MEETING ******************* 237 Zoning Articles a. Review of draft Article D. Signs The Board reviewed and edited a draft article, prepared by Mrs. Davison, summarizing the revisions she proposed in Section 13 Signs, dealing with window signs, pro- jecting signs and free standing signs. The Board agreed to add lan- guage requiring submission to the Design Advisory Committee for recommendations on design and placement of signs prior to any filing for a special permit from the Board of Appeals. The Board also agreed that the section referring to time limits for temporary signs should be deleted as unenforceable. ************************** PLANNING BOARD REGULATIONS *********************** 238. Revision of Subdivision Rules and Regulations The Board continued its review and editing of the August 20, 1991 draft of Section 7, Implementation, Construction of an Approved Subdivision Plan. The meeting was adjourned at 10 06 p m. Edmund C. Grant, Clerk