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HomeMy WebLinkAboutPlanning Board minutes 1989-05-22 /-1 PLANNING BOARD MINUTES MEETING OF MAY 22, 1989 The meeting of the Lexington Planning Board held, in Room G-15 Town Office Building, was called to order by the Vice-Chairman, Mrs. Wood, with members Klauminzer, Sorensen, Williams, Planning Director Bowyer, Assistant Planner Nordby and Secretary Peters present. Mrs. Uhrig arrived during Item 141. 134. Planning Director a. Update of Zoning By-Law: Mr. Bowyer reported the incorporation of zoning changes, voted at the 1989 Annual Town Meeting, is almost completed. This has been more laborious than usual because the Town has converted from one word processing system to another, which meant re- doing the whole Zoning By-Law. b. Evaluation of Planning Board Reports, 1989 Town Meeting: Mr. Bowyer also reported that approximately 40 Town Meeting Members responded to the questionnaire evaluating the Planning Board reports on zoning articles, distributed at Town Meeting, and that the comments were generally favorable. PLANNING BOARD PROCEDURES 135. Adoption of Revised Fee Schedule for Planning Board Publications : The Board discussed a revised fee schedule suggested by the staff. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer it was voted unanimously to charge $10.00 for the Zoning By-Laws ; to continue to charge $3.00 for the Zoning Map; to continue to charge $20.00 for the Development Regulations and to charge $12.00 for the Zoning By-Law and Map when sold together. ***************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 136. Form A/89-2, Mass. Avenue, Lexington Housing Authority: The Board reviewed a plan showing the division of Lot 3 into two lots, the second lot entitled Lot 4, both lots conforming to the frontage and lot area requirements of the zoning district in which they are located. On motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted 4-0: to endorse the plan entitled "Subdivision Plan of Land Prepared for Lexington Housing Authority", dated May 17, 1989 by Gale Associates Inc., certified by Stephen P. Dyer, Professional Land Surveyor, with Application Form A/89-2, by the Lexington Housing Authority, as it does not require approval under the Subdivision Control Law. RECOMMENDATION ON APPLICATIONS TO THE BOARD OF APPEALS 137. Application Scheduled for May 25, 1989: Mr. Williams gave an oral review of the following application: 36 Forest Street, George Barry, variance, to convert a butler's pantry into a handicapped access bathroom with a side yard setback of 6'-8" instead of ten feet. Mr. Williams questioned, and the Board agreed, the necessity for this application to the Board of Appeals since all work Minutes for the Meeting of May 22, 1989 2 appeared to be done inside, with no change in the existing setback. The Board agreed to recommend the variance be granted if the Board of Appeals feels a variance is necessary. 138. Applications Scheduled for June 8, 1989: Mr. Williams gave an oral review of the following applications: 537 Lowell Street, Hugh Leichtman/Patricia Fries, variance to allow the gross floor area of an accessory apartment in an accessory structure to be 1, 115 sq.ft. and exceed the 900 sq.ft. maximum permitted; and special permit to allow a remodeled barn presently used as temporary living quarters by special permit to become a permanent accessory apartment in an accessory structure. The Board agreed this was a unique situation, and recommended the variance and special permit be granted. 6 Forest Street, Thomas and Marilyn Rutishauser, special permit, to construct an accessory apartment in an accessory structure, the garage at the rear of 6 Forest Street. The Board agreed this was a good use of the structure, noting that there will be sufficient space for parking three cars in the garage, even with the addition of the apartment, and recommended the special permit be granted. 24 Eldred Street, Robert & Maureen Joseph, variance, to allow a swimming pool with a 10 foot setback to the water instead of the required 20 feet. The Planning Board discussed the conflict between the desire to save trees, and problems, such as excessive noise or other disturbances, which may occur if the pool is allowed to be closer to the lot line than permitted by the Zoning By-Law. The Board thought that even if present neighbors do not object to the variance, the rights of future neighbors should be protected, and that the provisions in the By-Law are there to protect these rights. On the motion of Mr. Williams, seconded by Mrs. Klauminzer it was voted 4-0 to recommend the variance not be granted. The Planning Board also agreed to make no recommendation on the following application. 19 Carville Avenue, Donald W. Coleman, variance, or in the alternative, a special permit, for a second floor addition. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 139. CUS/89-2, 8 Tucker Avenue, Barry Caouette: Ms. Nordby reported the Engineering Department report on the road condition has not been received. The Board agreed to table any discussion until the report has been received. SUBDIVISION OF LAND 140. Turnburry Hill, Hill Street, Otis Brown, endorsement of plans: Ms. Nordby reported that all documents required are correct and complete, and that the plans are ready for endorsement. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0 to endorse the plans. 141. PUBLIC HEARING, Eaton Road Extension, Definitive Plan: At 8: 00 p.m., Mrs. Wood opened the hearing by reading the legal notice. Applicant Kevin Duffy presented the plan. He is proposing a two lot subdivision, one existing Minutes for the Meeting of May 22, 1989 3 11� lot, containing a house, off Blake Road and the second lot off an extension of Eaton Road. Mr. Duffy reviewed the history, noting they had started with a three lot subdivision, but were unable to get sufficient legal frontage for a third lot off Blake Road. He noted the land contains 41,524 sq. ft. He added the paved road would be 24 feet wide, and approximately 170 feet long. The new lot will be serviced by existing utilities in Blake Road, consisting of a six inch sewer line, a storm drain designed to carry water runoff from the new extension of Eaton Road and underground electric service. He was informed that the Engineering Department will require the turn-around be paved, although he has proposed stone dust. In response to questions from Mr. Williams, Mr. Duffy stated that a pumping station would not be required since all sewer lines will be gravity flow. Mr. Duffy also reported that the two lots, owned by Mrs. Horowitz, across the street off the extension of Eaton Road, were currently unimproved lots. Mr. Bowyer added they would have to conform to today's zoning, once the extension is constructed, and would have to be combined to create one legal building lot, to conform, provided they have not previously been combined by use with the front lot off Blake Road. Mr. Sorensen agreed that neither of the existing lots have any grandfather status, and can not be considered as two lots for building purposes. Mr. Duffy reviewed the waivers he has requested: no sidewalks , no fire alarm circuit and a waiver from standard local street details. Mrs. Klauminzer thought they had agreed to a 22 foot wide paved roadway, and stated she preferred that width. Molly Martin, 38 Eaton Road, asked what the distance was between the end of the turn-around and the property line of the abuttors where there were trees to be protected. William Rabkin, 40 Wyman Road, said he lived on "down" side of the proposed development, and asked what regulations there were to control drainage from the new lot. Mr. Sorensen answered the "Development Regulations" say that the runoff can not be increased by any development; that their engineer will calculate the runoff due to the added impervious surface of the house, drive- way and road, and subtract the runoff taken off by the storm drains, and the end result can not be greater than existing runoff. Esther Belcher, 65 Williams Road, had questions about the proposed easement across the existing property off Blake to carry utility lines to the new lot. In response to her question about the possibility of a third lot being created in the future, Mr. Williams said it could not be done. Mrs. Linda Horowitz, 123 Blake Road, expressed concerns about her liability for half of the street as long as it is unaccepted by the Town, and about the 24 foot width proposed for the road. She added they did not intend to build on the land to the rear of their property that would receive legal frontage on the extension of Eaton Road. Questions from Stephen Britten, 34 Grove Street and Thomas Weber, 32 Grove Street, focussed on concerns that their potential development rights as J abuttors off the end of the extension of Eaton Road would be protected. Mr. Minutes for the Meeting of May 22, 1989 4 Weber also expressed concerns that ground water changes might occur when the F m foundation for the new home is dug, perhaps causing water in his basement. Mr. Britten added this was the first hearing he had received notice of, and he recommended that in the future an informal informational meeting be held at the preliminary stage and the abuttors be invited. He also felt abuttors had not received enough notice for this hearing and raised questions about whether the plans before the Board tonight were the same as the definitive plans originally filed. Discussion followed as to whose responsibility it was to maintain the catch basins if the road remained private. Mr. Duffy noted the road was more than adequately designed to service the one new lot proposed for this two lot subdivision. Matilda Wood, 100 Simonds Road, expressed concerns about maintaining the buffer to protect the trees at the end of the turnaround in the future. Mrs. Wood declared the Hearing closed at 9: 10 p.m. Later in the evening the Board gave direction to the staff to prepare a decision approving the definitive subdivision plan. 142. PUBLIC HEARING, Childs Road Extension, Definitive Plan: At 9: 15 p.m. Mrs. Uhrig opened the hearing by reading the legal notice. Attorney Thomas Taylor, represented the applicant, Dr. Arthur Ruge. He introduced Engineer Michael Juliano of BSC - Bedford. Mr. Taylor and Mr. Juliano reviewed the plans showing two lots, one with frontage off Childs Road, and one with frontage off Hill Street. He said the subdivision proposal is for tax and estate planning purposes for Dr. Ruge, and it will not be further developed. Mr. Sorensen asked if they are seeking a waiver to prevent access to the large lot from the lot off Child Road. Mr. Taylor said they were, and did not want any connection between the two lots, which will remain in the family, which have no intention presently of developing the land. Mr. Sorensen spoke against the proposal because there was no provision for allowing a through street between the two lots. Mr. Williams spoke in favor of the plan. In response to a question from Phyllis Richardson, 3 Wingate Road, as to what prevented access to the land from Wingate Road, Mr. Taylor noted the end of Wingate Road is surrounded by a lot owned by another family member, so this subdivision does not have access out to Wingate at this time. In response to questions from Christopher Williams, 10 Stratham Road, as to whether the cul-de-sac off the end Childs Road would be built, Mr. Taylor responded that there were no plans to ever construct the cul-de-sac. Mr. Bowyer commented that as shown, the cul-de-sac complies with the Town's standards, but that the Board would make a strong recommendation that alterna- tives be explored if it were ever proposed to be built. In response to a question from Harold Basser, 7 Leeland Terrace, who asked what would be the requirements if, in the future, the large lot were proposed to be developed, Mrs. Uhrig said a new subdivision plan would have to be filed ' with the Board, subject to further hearings. In response to a question from Albert Richardson, 3 Wingate Road, as to who ---- will own the land in this two lot subdivision, Mr. Taylor said it would Minutes for the Meeting of May 22, 1989 5 continue to be Dr. Ruge. Donald Jenkins , 19 Childs Road, asked to be recorded in favor of the plan. Mrs. Uhrig declared the hearing closed 9: 25 p.m. Later in the evening the Board gave direction to the staff to prepare a decision approving the definitive subdivision plan. 143. EXECUTIVE SESSION, Litigation Against the Town: At 9: 26 p.m., on the motion of Mrs. Wood, seconded by Mrs. Klauminzer, and after an individual poll of the five members present, it was voted 5-0 to go into Executive Session to discuss strategy with respect to litigation which, if discussed in open session, may have a detrimental effect on the litigating position of the Town, and to reconvene in open session in approximately 45 minutes. The Board returned to open session at 10:29 p.m. 144. 167 North Street, Preliminary Plan, Review of Decision: The Board reviewed a draft decision approving the preliminary plan. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0 (Mr. Williams abstained as he had not attended the meeting when the plan was presented) to the approve the decision, as written. *************************** AFFORDABLE HOUSING **************************** 145. Planning Board Appointments under Article 55, 1989 Town Meeting a. Affordable Housing Options Committee: Mrs. Klauminzer agreed to serve as the Board's representative to the Committee. b. Pine Meadows - Meagherville Site Development Committee: Mrs. Wood agreed to serve as the Board's representative to the Committee. ******************** REPORTS ************************************************* 146. Planning Board, Subcommittees a. Board of Appeals Hearings for May 11, 1989: Mr. Sorensen reported that all the applications heard that evening were granted, and that the appeal of the decision of the Building Commissioner re possible zoning violations at Wilson Farms was denied. The meeting was adjourned at 10: 50 p.m. t / Eleanor H. Klauminzer, Clerk L J