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
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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
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abuttors off the end of the extension of Eaton Road would be protected. Mr.
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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.
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Eleanor H. Klauminzer, Clerk
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