HomeMy WebLinkAboutPlanning Board minutes 1989-06-12 PLANNING BOARD MINUTES
MEETING OF JUNE 12, 1989
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, Mrs. Uhrig, with
members Klauminzer, Sorensen, Planning Director Bowyer, Assistant Planner
Nordby and Secretary Peters present. Mr. Williams was absent. Mrs. Wood
arrived at approximately 9: 10 p.m. during Item 161.
*********************************** REPORTS ********************************
153. Planning Director
a. Board of Appeal Zoning Repetitive Petitions: Mr. Bowyer reported
that two repetitive petitions have been filed with the Board of
Appeals, and they have agreed that material changes exist to allow
them to be reheard. The Planning Board agreed to schedule public
hearings for July 10, 1989, to hear whether the Planning Board
should consent to the decisions remdered by the Board of Appeals
that material changes exist to allow the petitions of David Fine, 4
Viles Road, and Bank of Boston, 39 Bedford Street, to be recon-
sidered by the Board of Appeals before the two year waiting period
has expired, as required by Section 16 of the Mass. General Laws ,
Chapter 40A.
b. Planning Aide: Mr. Bowyer reported Zenia Kotval has been hired as a
summer intern to work on developing an inventory of public and pri-
vate land by precinct, with the goal of assembling potential sites
suitable for affordable housing.
c. Revisions to Chapter 774: Mr. Bowyer reported he has accepted an
invitation from the Assistant Secretary of EOCD to work on a group
that will be writing guidelines for the revision of the administra-
tive rules to carry out Chapter 774. He added that an important
part of this work will be to determine what kind of local housing
plan will be required.
*************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************
PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW
154. Form A/89-3, J & S Realty Trust, Blake Road: The Board reviewed a plan
showing the transfer of Parcel 1B from Lot 1A, J & S Realty Trust, to J. and
C. Hodgdon, 16 Blake Road, with no change in the frontage of Lot lA and the
lot area conforming to the zoning of the RS district. On the motion of Mr.
Sorensen, seconded by Mrs. Klauminzer, it was voted 3-0:
to endorse the plan entitled "Plan of Land in Lexington, Mass.", dated
April 3, 1989, certified by John R. Snelling, Professional Land Sur-
veyor, with Form A/89-3, by applicants, J. & S. Hodgdon, as it does not
require approval under the Subdivision Control Law.
155.
Form A/89-4, The Mugar Group, Inc, Waltham Street: The Board reviewed a
plan showing the re-subdivision of lots 1A, 2 & 3 as shown on a plan by
Everett M. Brooks Co. dated September 8, 1967 into two lots A and B, both lots
Meeting of June 12, 1989 2
meeting the frontage and lot area requirements of the RO district. On the
motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 3-0:
to endorse the plan entitled "Plan of Land in Lexington, Mass.", dated
May 30, 1989, by Everett M. Brooks Co. , certified by Richard B. Betts,
Professional Land Surveyor, with Form A/89-4, by applicant, The Mugar
Group, Inc., as it does not require approval under the Subdivision
Control Law.
RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS
156. Applications Scheduled for June 22, 1989: Mrs. Klauminzer gave an oral
review of the following hearings to be heard by the Board of Appeals.
7 Bedford Street, Julie Schauman, SP, home office to see private psycho-
therapy clients (non-group). The Board expressed concerns with the
applicant's proposal that clients would park in the Masonic Temple park-
ing lot, and with the more general problem of commercial uses encroach-
ing into residential neighborhoods. They did not reach consensus either
for or against the application.
8 Marshall Road, Peter Orley, SP, home office for private psychiatric
consultation (non-group). The Board continues to have concerns about
commercial uses encroaching into residential neighborhoods, and did not
reach consensus either for or against the application.
a
52 Lowell Street, Rosina Busa, SP, roadside stand and seasonal sale of
Christmas trees and wreaths. On the motion of Mr. Sorensen, seconded by
Mrs. Klauminzer, it was voted 3-0 to recommend the special permit be
renewed for two years with the same conditions as contained in the most
recent permit.
The Board also agreed to make no comment on the following four applications
also scheduled to be heard by the Board of Appeals on June 22, 1989.
2418 Mass. Ave., Carl & Edith Sparre, variance, to redirect non-conform-
ing front steps leaving a front yard setback of 24 feet instead of the
required 30 feet
352 Woburn Street, Paul Kerrigan, variance, to replace and extend a non-
conforming deck leaving a side yard setback of 11.7 feet instead of the
required 15 feet
1721 Mass. Ave. , Joyce's Gourmet English Muffin Co., SP, sale of
beverages and toasted muffins as take-out service
235 Bedford St. , Sang M. Chung, SP, free standing sign
SUBDIVISION OF LAND
157. PUBLIC HEARING: Holderness Court, Minuteman Lane, Diamond West Realty
Corp., definitive plan: Mrs. Uhrig opened the hearing at 8:02 p.m. by reading
the Legal Notice. She noted that since two members of the Board were unable
to be present tonight, the hearing would be continued until next Monday - 8: 00
p.m. - in this room. She added that residents could either ask questions or
express concerns tonight, following the applicant's presentation and questions
J by Board members, or next week at the continued hearing.
Meeting of June 12, 1989 3
Frank DiPietro, engineer, from The BSC Group - Bedford and representing the
..i applicant, presented the plans which show eight lots, two lots containing
existing homes , five lots each with one building (one a duplex), and one lot
to remain open. He noted that the Conservation Commission has granted them a
waiver from any on-site detention on the lot reserved for open space. Waivers
requested are for: no traffic study, no fire alarm circuit, an alternative
turn-around (hammerhead type), a waiver from the front yard setback of the
existing home on Minuteman Lane, which is 29 feet instead of the required 40
feet. He added that all setbacks shown conform to the setbacks required by
the Jumbo House By-Law. They are also asking that the 7.5 feet per second
maximum velocities in the pipe permitted by the Development Regulations be
waived to permit 12 feet per second. They have discussed this with the
Engineering Department, but have not received a definitive answer.
Mr. Sorensen asked whether the layout of the turnaround could be modified to
reduce what seemed to be an excessive amount of pavement.
Mr. DiPietro said the developer is proposing to install an improvement of the
existing street drainage system along Battle Green Road and Minute Man Lane by
increasing the diameter of the existing Town drain pipes to help alleviate
existing drainage problems.
In response to a question from Mr. Bowyer as to what effect the change in the
size of the storm drain, from 15" to 24", would have in the streets not con-
tained in the subdivision, Mr. DiPietro responded that the carrying capacity
of the drainage system would be increased so the storm water will run off more
quickly in the piping, and there should be less puddling in those areas where
some exists now. The applicant, Robert Phelan, added they had looked at
several drainage methods, and this appeared to cause the least disturbance
both on and off the site.
At 8: 15, Mrs. Uhrig recessed the hearing until next Monday evening, June 19,
1989, at 8:00 p.m. in Room G-15.
DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS
158. CUS/89-2, Tucker Avenue, Barry Caouette: The Board reviewed a memo from
the Engineering Department stating that in their opinion, Tucker Street
complies with the Planning Board Policy on Construction Standards for Unac-
cepted Streets. Mr. Bowyer noted that there was no visible difference between
the accepted and the unaccepted portions of the street. On the motion of Mr.
Sorensen, seconded by Mrs. Klauminzer, it was voted 3-0:
that Tucker Avenue is of adequate grade and construction as defined in
the Planning Board's Policy on Construction Standards for Unaccepted
Streets.
159. CUS/89-3, Fair Oaks Terrace, John Esserian: Mr. Sorensen reported he
had visited the street, and he did not see how the street could be considered
to be of adequate grade and construction as defined by the Board's Policy on
Construction Standards for Unaccepted Streets. He added the pavement
measured 12 feet in width, and the slope appeared close to 12%. along the
frontage of the house, when calculated off the plan. He also asked that the
status of some lots at the end of the street be determined. On the motion of
Mr. Sorensen, seconded by Mrs. Klauminzer it was voted 3-0:
that at this time, Fair Oaks Terrace is not of adequate grade and con-
Meeting of June 12, 1989 4
struction as defined in the Policy on Construction Standards for
Unaccepted Streets.
The Board agreed that clarification should be requested from the Engineering
Department, on their determination of the status of this street.
SUBDIVISION OF LAND
160. PUBLIC HEARING: Pheasant Brook II, off Maple Tree Lane and Butterfield
Road, Robert Cataldo: Mrs. Uhrig opened the hearing at 8: 32 p.m. by reading
the Legal Notice. She noted that since two members of the Board were unable
to be present tonight, the hearing would be continued until next Monday, June
19, 1989 - 8:30 p.m. - in this room. She added that residents could either
ask questions or express concerns tonight, following the applicant's presenta-
tion and questions by Board members, or next week at the continued hearing.
Frank DiPietro, engineer from The BSC Group - Bedford, presented the plans
which show the extension of Butterfield Road through to Maple Street. The
applicant proposes a conventional subdivision divided into 10 building lots.
He noted the roadway configuration is unchanged from the preliminary sub-
division plan. There will be three conservation open space parcels, which
total approximately 29.6 acres. He added that they propose the ridge along
the rear of lots 1, 2, 3, 4 and 5 be protected by conservation easement.
Mr. DiPietro stated they propose either a conventional circular turnaround or
an alternative hammerhead type, whichever the Board prefers. He added they
propose to rebuild the existing cul-de-sacs at the end of Butterfield Road and
Maple Tree Lane, and any existing pavement outside of the new roadway would be
removed and landscaped and driveways, where appropriate, would be rebuilt to
connect to existing drives, and if legally possible, the excess area on either
side of the cul-de-sacs would be given to the abuttors. He added they have
minimized grading along the roadway and eliminated walls except in one area
where any retaining wall will be no more that four to five feet, if required.
They have incorporated the concerns expressed in several memos by the En-
gineering Department into the revised road drainage system. They have
received their Order of Conditions from the Conservation Commission, and
resolved the outstanding issues with the Commission on the site, and the site
has been stabilized. BSC has conducted weekly inspections and has submitted
weekly reports to the Engineering and Planning Departments, as well as the
Conservation Commission, to detail what has been done on the site to make sure
that erosion controls that were installed have been maintained, and there have
been no further erosion problems.
Mr. DiPietro listed the waivers they are requesting: 1) from installation of
fire alarm circuit, 2) from doing a traffic study, 3) to reduce the pavement
width from 30 feet to 24 feet, 4) to install a sidewalk on one side only of
Butterfield Road, and Hosmer Lane, and 5) from showing the location of every
tree over 6" in diameter, except in the area along the roadway. He added that
a conservation access easement is proposed from the end of the Hosmer Lane
cul-de-sac to the conservation parcel, located between lots 4 and 5.
In response to questions from Mrs. Klauminzer about the extensive road work,
done previously, as to what material has gone into the road to date, Mr.
DiPietro reported that the roadway subgrade is almost up to the final subgrade
Meeting of June 12, 1989 5
in some parts of the road. He said that all the material brought in was
gravel, of a type suitable for the subgrade of a typical road. Mrs. Klaumin-
zer asked how the Board can know this since it was her understanding that
Engineering Department inspections did not occur at that time. Mr. DiPietro
stated that in some areas where there were extensive peat deposits removed, a
culvert installed and gravel brought in, he was present during a portion of
the work, and he believed a representative from the Engineering Department was
also present for a portion of that time.
In response to a questions from Mrs. Uhrig, about why they had proposed an
alternate cul-de-sac for the end of John Hosmer Lane on the definitive plan,
and how long the deadend road would be, Mr. DiPietro said the roadway was just
over 400 feet long, and they proposed the alternate cul-de-sac as a result of
a recommendation in the decision on the Preliminary Plan to investigate the
use of a hammerhead turnaround.
Richard Zangara, 4 Maple Tree Lane, asked: 1) that Butterfield Road not
extend through to Maple Street, but that it end in the cul-de-sac and the
name, Hosmer Lane, not be used, so that Maple Tree Lane could deadend into
Butterfield Road; 2) that the sidewalk go all the way through to Maple
Street; 3) what would be the time table for how the various parcels of land
on the Maple Tree Lane cul-de-sac would be deeded back to the immediate
abuttors, since their driveways would go over land the abuttors do not own
until this is done? 4) if the utility boxes and fire hydrant, now in the
center of his frontage, can be moved to a side lot line; and 5) if there can
be screening along his rear lot line, which will be exposed to the new
roadway, as constructed.
He presented a letter to the Board stating these concerns.
At 8: 55 p.m., Mrs. Uhrig recessed the hearing until next Monday evening, June
19, 1989 - 8: 30 p.m. - Room G-15, Town Office Building.
161. Ridge Estates II, East Emerson Road, Theodore Freeman: The Board
reviewed and approved a letter, dated June 12, 1989, to the abuttors of East
Emerson Road, reiterating and clarifying the program for the completion of
East Emerson Road. Ms. Nordby reported that she and George Samaha, from the
Engineering Department, will set up appointments with abuttors next week to
try and resolve all remaining problems.
***************************** REPORTS ************************************
162. Planning Board, Subcommittees
a. Affordable Housing Options Committee: Mrs. Klauminzer reported the
committee will hold their first meeting this Thursday, June 15, 1989 at
8: 00 p.m. in the Selectmen's Meeting Room. She added the Pine Meadows -
Meagherville Site Development Committee held an organizational meeting
last Thursday.
The meeting was adjourned at 9: 23 p.m. AwJ/4t �,
Eleanor H. Klauminzer��,.dlerk