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HomeMy WebLinkAboutPlanning Board minutes 1989-06-19 PLANNING BOARD MINUTES MEETING OF JUNE 19, 1989 The meeting of the Lexington Planning Board held in room G-15, Town Office Building, was called to order at 7:31 p.m. by the Chairman, Mrs. Uhrig, with members Sorensen, Williams, Wood, Planning Director Bowyer, Assistant Planner Nordby and Secretary Peters present. Mrs. Klauminzer arrived during Item 164. 163. Review of Minutes: The Board reviewed the minutes for the meeting of April 24, 1989. On the motion of Mrs. Wood, seconded by Mr. Sorensen, it was voted 3-0-1 (Mr. Williams abstained as he did not attend the meeting) to approve the minutes, as written. ************************** REPORTS ***************************************** 164. Planning Director a. Revisions to the Rules of Chapter 774: Mr. Bowyer reported that last Thursday he joined the first of what will probably be three or four working groups who will work on revising the Administrative Rules to carry out Chapter 774. He noted that the recommendation of the Special Legislative Commission was that changes be made in the administrative rules, not in the statute itself. One group will work on revisions to recognize the validity of local initiatives and ways to credit efforts made by cities and towns to increase affordable housing, by no longer accepting as "subsidized" housing, only that housing created under state and federal subsidy programs. Another group will work on writing a uniform set of submission requirements to be used across the state, and to provide more assistance for local boards of appeals. The working group which Mr. Bowyer attended last Thursday, will attempt to provide more opportunities for communities to defer or attempt to recast proposals from developers that are sometimes referred to as "hostile" applications, by providing criteria for evaluating these applications. The group will keep in mind that some communities have been very slow to provide affordable housing, and any revisions should not encourage these communities to continue to stall. b. Northgate Group, Comprehensive Permit, Waltham Street: Robert Engler, representing the Northgate Group, has asked to meet with the Board as soon as convenient to discuss their proposal for a "Katandin Woods" type development off Waltham Street near the Waltham boundary. The Board agree to schedule a meeting with the group for July 10, 1989. ***************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************ SUBDIVISION OF LAND 165. Ridge Estates III, Jonas Stone Circle final release of surety: On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer it was voted 5-0: That whereas, Francis X. Fields, Town Engineer, has indicated in a memorandum, dated May 16, 1989, that the "as-built" of the Ridge Estates III plans have been approved, which means that all required community Minutes for the Meeting of June 19, 1989 2 facilities in the Ridge Estates III subdivision have been completed in accordance with the Town's standards: IT IS VOTED: 1) that the Planning Board returns the remaining surety, in the form of passbook #70-341-309 from the Somerset Bank in the amount of $5,000, and passbook #70-301-151 from the Somerset Bank in the amount of $35,000, which were being held for the completion of the construction of the community facilities at the Ridge Estates III subdivision; and 2) the covenant from Theodore L. Freeman Jr., Trustee of Trinity Realty Trust, dated February 27, 1987, shall remain in force and effect until such time as Jonas Stone Circle is accepted by the Town of Lexington as a public street. 166. Ridge Estates II, East Emerson Road: Ms. Nordby reported that appoint- ments have been scheduled this week with the abuttors of East Emerson Road to resolve the remaining differences holding up completion of the road. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 5-0: to lift the stop work order, voted June 7, 1988, and to authorize the developer to do only such work as is specifically authorized by the Town's representatives to complete the subdivision. 167. CONTINUED PUBLIC HEARING, Holderness Court, Minuteman Lane: At 8:05 p.m., Mrs. Uhrig opened the continued public hearing, by explaining that it had been continued so that the full Board could hear the presentation of the definitive subdivision plan. i Engineer Frank DiPietro, of BSC - Bedford and representing the applicant, presented the plan. (See also the Minutes of June 12, 1989). He reported that they had modified the turnaround to reduce the amount of paving, as had been suggested by the Board last week. In response to questions from the Board, he stated that the maximum road grade would be no more than 8%; that the Conservation Commission and the Engineering Department have approved the drainage plan; that the existing stone walls on the property would not be disturbed except where driveways must come through; and that there will be no development of any kind in the 41,000 sq.ft. common open space, owned by the owners association, and that this restriction will be included in each deed. In response to questions from Ms. Nordby, Mr. DiPietro said the drainage strip along the rear of the site was part of the common open space so it would be under the control of the owners association; the abuttors with a drainage problem, that had existed off-site, should see a lessening of run-off. The Board agreed to require some form of delineation between the common open space and the private land, such as a stone wall or some type of fence. There were no questions from residents, and Mrs. Uhrig declared the hearing closed at 8:25 p.m. Minutes for the Meeting of June 19, 1989 3 Later in the evening, the Board gave direction to the staff. They agreed there were no major problems, and favored approving the plan, with the addition of some visable demarkation, between the private land and public open space, such as a stone wall, a fence or other alternative as approved by the Planning Board, to be maintained by the homewoners' association. 168. CONTINUED PUBLIC HEARING, Pheasant Brook II, off Maple Tree Lane and Butterfield Road, definitive plan: At 8:31 p.m., Mrs. Uhrig opened the continued public hearing, by explaining that it had been continued so that the full Board could hear the presentation of the definitive subdivision plan. Engineer Frank DiPietro, of BSC - Bedford, presented the plan. (See also the Minutes of June 12, 1989), including a proof plan showing 15 lots, and noted the plan before the Board contained 10 lots. He noted there would be a gravity sewer, requiring no pumping stations, which will tie into an existing sewer line in Maple Street. They are proposing to give three parcels of land, totalling approximately 30 acres, to the Town under the jurisdiction of the Conservation Commission for open space. He noted about 40 to 50 feet of retaining wall will be required. He reported that the Conservation Commission issued an order and subsequently some enforcement orders that have been complied with at this point in time. BSC has been conducting weekly inspec- tions to insure that erosion controls are maintained, the erosion controls have been repaired, and no additional work has been done on the site. In response to questions from the Board, Mr. DiPietro stated the width of the right-of-way on Hosmer Lane is 50 feet and they have requested a waiver allowing a 24 foot wide pavement throughout except where a transition from existing 30 foot wide pavement is required. He stated there would be a 20 foot easement into the conservation land off the end of the Hosmer Lane, and that it would be clearly delineated. He thought there could be legal access and liability problems with allowing a walking easement over the existing sewer line easement, where it goes across one of the private lots. He noted that a topographical plan had not been done of existing field conditions so it is difficult to know how close to final grade the roadway is. As far as reducing the Butterfield Road pavement width from 30 to 24 feet, he did not know if they had the right to go back to the intersection of Joseph Comee Road and make it narrower. Martha C. Finamore, 21 Solomon Pierce Rd., spoke in favor of the subdivision. Richard Zangara, 4 Maple Tree Lane, said that he appreciated the attention that had been given to the concerns he brought up last week, and he recommend- ed the subdivision be approved. He also hoped that care would be taken in the relocation of the driveways to properly connect them to the new road once the excess pavement of the cul-de-sac is removed. Lawrence Litwak, 9 Solomon Pierce Road, also favored the approval of the subdivision, and added he hoped this would facilitate the completion of the roads in Pheasant Brook I. Anthony Gentile, Maple Tree Lane, stated that he felt the road work done without any approval was done well. He asked that attention be given to drainage problems in his driveway. Minutes for the Meeting of June 19, 1989 4 Mrs. Uhrig declared the hearing closed at 8: 55 p.m. Later in the evening the Board gave direction to the staff. Mrs. Uhrig felt there were real problems with the plan. In response to a question from Mrs. Klauminzer as to what is the composition of the roadway that was done without Town approval, Ms. Nordby commented they did not know, since there was no supervision by the Town when the material was brought in, and there is no plan showing existing conditions after the work was done. Mr. Bowyer reported that he heard signs of peat were found near the brook crossing where the two wetlands connect, some of which may have been removed, but there is no way to know this. It was suggested to require test pits where there is any question as to the contents of the roadway. Mrs. Uhrig stated she did not consider the plan before the Board to be a definitive plan, because site conditions do not agree with the plan as filed. She also felt there should have been one type of turnaround proposed. Mr. Sorensen said the Planning Board could require the whole road be torn up as a condition for approval, and rebuilt to the satisfaction of the Engineering Department, but he did not feel the plan should be disapproved for the reasons stated. Attorney Frederick DeAngelis, representing the applicant, asked a rhetorical question as to why none of these concerns were expressed during the presenta- tion, so they could have been addressed. 1 The Board discussed the proposed waivers and agreed: that the road pavement should be 24 feet, that a sidewalk along one side only be required, that there should be a circular cul-de-sac, that the access to the open space be clearly delineated and that the limit of work line be shown on the plan. In response to a question from Mrs. Klauminzer as to what further information the staff would require in order to verify site conditions, Ms. Nordby thought corrected plans should be submitted showing revised contours since the plans filed do not reflect existing conditions in the field. In response to a question from Mr. Sorensen as to why the application was accepted if all the information was not there, Mr. Bowyer commented that the submission was not incomplete, which is what the two week review period as set forth in the Development Regulations is to be used for; rather, the plans were incorrect, i.e. did not show the correct existing site conditions. This requires a thorough review by the Planning staff as well as other concerned Town boards, and this is what the 90 day review period is for. A straw vote revealed three members of the Board favored approval of the definitive plan only (David Williams, Karsten Sorensen and Eleanor Klaumin- zer), and two members opposed (Judith Uhrig and Martha Wood); all were opposed to granting the special permit with site plan review. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 169. Hunt Road, Schumacher, discussion with abuttors: Mrs. Uhrig reported that the Board had voted in February 1988 that Lots E-1 and E-2, fronting on Minutes for the Meeting of June 19, 1989 5 Hunt Road and owned by the Schumachers , must comply with the Planning Board's "Policy on Construction Standards for Unaccepted Streets Relative to Building Lots" dated June 29, 1987, but that they might consider minor deviations from the standards. She added the neighbors have requested the Policy not apply to the Hunt Road lots, and that the Board would listen to why the residents felt the Policy should not apply. Mr. William Sommers, 7 Hunt Road, read a peti- tion, which he presented for the Board's consideration (see copy attached). Several abuttors stated there was no need for paving; that the existing condition of the street was not a burden to the Town; that some historical character of Lexington would be lost and that there would be an increase in traffic over the road if it were paved. Attorney Stephen Russian, representing the Schumachers , discussed the conflict between the purpose of the Policy, which is to upgrade the condition of exist- ing roads in Lexington whenever possible, and the desire by neighborhoods to maintain the esthetics of a small rural road. He proposed a compromise; that the road be graded, as necessary, but left a gravel road with a coating of asphalt to bond the surface. Later in the evening, the Board agreed that the basic elements of the Policy will apply, and that specific design features will be evaluated when a plan is submitted. ************************** REPORTS ****************************************** 170. Planning Board Subcommittees a. Upcoming Meetings: Mrs. Uhrig announced that the Selectmen will meet this evening with the Design Advisory Committee to discuss cross- walks, street lights and signage; the Hanscom Field Advisory Committee will meet tomorrow evening, 7:30 p.m., and that the next meeting of the Hanscom Area Towns Committee will be held June 22, 1989 at 7: 30 p.m., in the Lincoln Town Hall. Mrs. Klauminzer announced that the Affordable Housing Options Committee met last Thursday and will meet this Wednes- day, June 21, 1989 in the Selectmen's Meeting Room. Mrs. Wood announced the Planning Committee for the Meagherville Area met two weeks ago on Tuesday, and will meet at 8 p.m. tomorrow evening, and at 7:30 a.m. the following Tuesday, and will follow a morning/evening schedule of weekly meetings. The meeting was adjourned at 10: 34 p.m. > > if/t''/"Ati Eleanor H. Klauminzer, Clerk 3 ----i - TO: Lexington Planning Board FROM: A Group of Owners of Property on Hunt Road Subject: A Statement of our position with respect to the possible paving of a portion of Hunt Road under the Planning Boards Policy of June 28, 1987 Date: June 1Q, JQ8Q WHEREAS, John J. and Judith B. Schumacher are the owners of Lot E-1 and E-2 fronting on Hunt Road on a plot plan dated March 14, 1980 and recorded as Plan No. 837 of 1980 in Book 14014, Page 455 and want to build a residence on this lot or sell it to a willing buyer as a buildable lot, and WHEREAS, The Lexington Planning Board under its current "Policy on Construction Standards for Unaccepted Streets Relative to Building Lots" of June 29, 1987, may require the Schumachers to pave up to 300 feet of the Road and install drainage structures, bituminous curb or berms and bituminous sidewalks, and WHEREAS, Hunt Road has been in existence since 1929, has water and sewer already installed and is a graveled road and is regularly and daily traveled by the owners of the lots fronting the Road and, saving the lot(s) owned by the Schumachers, Is fully built up, and WHEREAS, the road as existant has not been an impediment to the provision of emergency services, including police, fire and emergency vehicles and receives only snow plowing service during the winter months, being presently maintained by the efforts of the abutting property owners, and WHEREAS, the abutting owners do not want to have the road improved along the lines required by the Planning Board should the vacant lot be , developed and wish, rather, that the pleasant, neighborhood character of the gravel road be maintained, as the abutting owners have relied upon this particular characteristic of the road in the purchase and development of their respective homes, and WHEREAS, the present owners consider the improvements required by the Planning Board to be destructive of the character of the neighborhood, would abrogate the reliance they have placed upon the road being preserved in its present state by their own efforts and believe that the preservation of the road in its present state will not impede, as it has not for over sixty years, the provision of basic and emergency municipal services, and WHEREAS, the Planning Board, in effort to apply the aforementioned policy wisely and with consideration of the reasonableness of such application, has granted variations from that policy in particular instances, NOW, WE THE RESIDENTS OF HUNT ROAD DO PETITION THE LEXINGTON PLANNING BOARD TO CONSIDER THE FOLLOWING PROPOSALS MADE BY BOTH THE CURRENT ABUTTORS ON HUNT ROAD AND THE SCHUMACHERS, AS THE OWNERS OF THE AFOREMENTIONED VACANT LOTS, FOR THE DEVELOPMENT OF THIS LOT(S) UNDER THE CURRENT PLANNING BOARD POLICY ON CONSTRUCTION STANDARDS FOR UNACCEPTED STREETS RELATIVE TO BUILDING LOTS, to wit; 1. That Hunt Road be left substantially as is. The developer would agree in the development of the vacant lot to grade the road from Slocum to Massachusetts Avenue and add such approved road material, e.g. gravel plus fines, as would be necessary. The grading would be consistent with the expected drainage flow. This would be a one time contribution of the developer. After this initial grading, the abuttors of Hunt Road, whether having frontage or side yard, would agree to establish a committee to see that the road would be graded and repaired as needed so that the passage of emergency vehicles would not be impeded and so that the road would not become an eyesore nor an impediment to the normal passage of traffic. The abuttors would contribute funds necessary for these improvements. 2. That in lieu of meeting the requirements for paving the road and bringing it up to the standards required by the Planning Board, the developer would make a direct contribution to the Town of Lexington of $ 30,000 for the express purpose of having the Town use these funds to make improvements in streets or roads consistent with the purpose and requirements of the Planning Board regulation regarding the construction of houses on lots which abut an unaccepted street. 9 3 { 3. That the developer agrees with the residents of Hunt Road to build a house on the now vacant lot that is in keeping with the character, size and general appearance of the other houses in the Hunt Road neighborhood which agreement would also apply if the lot were sold by the present owner to someone who has not been a party to this agreement. 4. That the abutting owners recognize that the acceptance of this proposal by the Planning Board and the Town of Lexington does not constitute acceptance of Hunt Road as part of the Town's street/road plan and that the only requirement on the Town, in so far as It constitutes a continuance of previous practice, Is to plow the road during the snow season. -J