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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