HomeMy WebLinkAboutPlanning Board minutes 1989-07-10 I
PLANNING BOARD MINUTES
MEETING OF JULY 10, 1989
The meeting of the Lexington Planning Board, held in Room G-15, Town Office
Building, was called to order by the Chairman, Mrs. Wood, with members
Klauminzer, Sorensen, Uhrig, and Assistant Planner Nordby present. Mr.
Williams was absent.
************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS **************
PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW
177. Form A/88-5, Francois and Nicole Morel, 37 Maple Street: The Board
reviewed a plan showing three non-conforming lots, off Maple Street; Lot C,
containing an existing residence, barn, storage building and shed, with 25
feet of frontage, and Lots A and B with less than the required frontage and
lot area required in the RO district.
Attorney Andrew Bram, representing the applicants, said that the Board of
Appeals, in their decision dated April 27, 1989, had determined that these
lots had grandfathered status, and that on an accepted street, frontage of
more than 20 feet constitutes legal frontage, under the statutory definition
for a grandfathered lot. He added the Board of Appeals had determined that
the two Lots, A (which combined 2 smaller lots) and B, both with frontage on
Maple Street, also had grandfathered status and met the requirements for legal
building lots.
The Board noted they were unfamiliar with the statute that frontage of more
than 20 feet constituted legal frontage for a grandfathered lot. They agreed
i they would request the opinion of Town Counsel and act on the plan after
hearing from him, at the next meeting.
On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer it was voted 4-0:
to not endorse the plan entitled "Compiled Plan of Land in Lexington, Mass.
(Middlesex County)", dated May 30, 1989, by The BSC Group - Bedford, Inc.
DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS
178. 109 Fair Oaks Drive, John Esserian: The Board discussed whether it
would be possible to bring Fair Oaks Drive, where it abuts Lot 109, up to
adequate grade and construction, and agreed the problem was the lack of
pavement width not the grade. Mr. Esserian reported he had relocated the
driveway to come off Fair Oaks Drive.
The Board recommended that he prepare a plan showing that portion of the road
widened to 20 feet for approximately 86 feet, beginning at the far side of
Fair Oaks Terrace and extending to the far side of Lot 109 at the edge of the
paved driveway on the next lot, tapering the ends to meet the existing
pavement and graded in a manner satisfactory to the Engineering Department.
SUBDIVISION OF LAND
179. PUBLIC HEARING, Repetitive Petition, 4 Viles Road, David Fine: Mrs.
Wood announced that the applicant, David Fine, is unable to attend this
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Minutes for the meeting of July 10, 1989 2
evening. Mrs. Wood opened the hearing by reading the legal notice, and the
--m Board agreed to continue the hearing to a later date, when the applicant can
attend. On the motion of Mr. Sorensen, seconded by Mrs. Uhrig, it was voted
4-0 to continue the hearing until September 11, 1989.
180. PUBLIC HEARING, Repetitive Petition, 39 Bedford Street, Bank of Boston:
Mrs. Wood opened the hearing by reading the legal notice. Daniel J. Belz,
representing the Bank of Boston, presented the following specific and material
changes in the conditions upon which the previous unfavorable action was
based:
That the ATM will have no significant impact on traffic in the area,
which will be shown by conducting a traffic count, and presenting
information on similar traffic generated at other ATMs recently
installed.
An increase in the amount of landscaping, and a reduction in the amount
of pavement.
A redesign of the entire front elevation to better fit into the historic
district, which will be reviewed by the Historic District Commission.
That the Bank of Boston ATM on Bedford Street will reduce the number of
trips to Lexington Center.
In response to a question from Mr. Sorensen, Mr. Belz estimated that about 30
cars a day are counted at other ATMs, very rarely during the rush hour.
On the motion of Mr. Sorensen, seconded by Mrs. Uhrig, it was voted 4-0 to
consent to the petition of the Bank of Boston for a new hearing before the
Board of Appeals on its application to modify a special permit to convert one
automobile service bay into a 24-hour automatic teller at the gasoline service
station at 39 Bedford Street, based on the specific and material changes
proposed by the applicant.
181. Holderness Court, Robert Phelan, Decision on Special Permit with Site
Plan Review: The Board reviewed and corrected a draft Special Permit with
Plan Review, granting the special permit. On the motion of Mr. Sorensen,
seconded by Mrs. Klauminzer, it was voted unanimously to grant the Special
Permit with Site Plan Review for Holderness Court, and to approve the wording
of the decision, as corrected.
182. Orchard Crossing, Lowell Street, Acceptance of Surety, Release of Lots :
Mrs. Nordby reported that the amount of surety required to complete the work
has previously been set by the Board at $155,000. On the motion of Mrs.
Klauminzer, seconded by Mrs. Uhrig, it was voted 5-0:
to accept the surety of $155,000, for the completion of the community
facilities and the completion of the Orchard Crossing subdivision, in
the form of a "Performance Secured by Funds Retained By Lender" with the
funds retained by the lender, The Waltham Savings Bank. This level of
surety is determined to be sufficient through July 10, 1990 only. If
the subdivision is not completed by that time, the amount of surety
needed will have to be reevaluated to determine its relationship between
then applicable construction costs and the amount of work remaining to
be completed. If little or no work is completed by July 10, 1990 and
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the current costs of the amount of work to be completed has increased,
the amount of surety will be increased to reflect the costs of complet-
ing the work and the developer will be required to furnish additional
surety to the Planning Board.
Concerns were expressed by Board members who recalled past incidents where
this type of surety was accepted and it "disappeared" before the work was
completed. The Board instructed the staff to investigate why this type of
surety was allowed by state statute, and the possibility of revising its
Development Regulations to not allow acceptance of this form of surety.
On the motion of Mr. Sorensen, seconded by Mrs. Uhrig, it was voted 4-0:
1. to approve the language* to be placed in the deeds of the homeowners
which assigns the maintenance of structures and landscaping, and
2. to release lots #5, 7, 13, 14, and 15.
*The language to be placed in the relevant deeds of the subdivision:
Grantee, by acceptance of this Deed, covenants for himself, his heirs
and assigns that any retaining walls, fences, trees and landscaping in
the right-of-way of the Orchard Crossing Subdivision, upon which the
grantee's property abuts, shall be maintained by grantee and that the
center island of the turnaround on Orchard Lane and the pedestrian
easement on lot 16, including that portion which lies within lot B,
shall be the responsibility of the grantees on lot 16. This covenant
shall apply to only so much of the right-of-way as borders upon the
property conveyed herein. This covenant shall run with the land and the
cost of maintaining said center island, pedestrian easement, retaining
walls, fences, trees and landscaping shall be a charge on such property
regardless of who may own such property at the time the maintenance
expense is incurred.
183. Dover Lane, Pleasant Street: Ms. Nordby reported that any plants that
did not make it through the winter have been replaced, and they seem to have
taken hold, so she recommends the surety be released. On the motion of Mrs.
Klauminzer, seconded by Mrs. Uhrig, it was voted 4-0:
Based on the inspection and approval of the condition of the landscape
planting at the Graystone Subdivision by the Town Superintendent of
Parks and Trees, the Planning Board votes to release the surety of
$5,000 being held for the assurance that the landscaping planting
survive the 1988/89 winter season.
184. 246 Concord Avenue, George Issaians , Presentation of Sketch Plan:
Landscape Architect Gary Larson, representing the applicant, made the presen-
tation, consisting of a Site Analysis Plan, showing existing buildings, a
slope analysis, the direction of surface water flows , site vegetation and
soils; an Existing Property Rights Plan, showing metes and bounds, dimensions
and square footage; and a Proof Plan showing the lot can be divided into two 1
lots, one lot with the existing house, containing approximately 31,000 sq. ft.
and frontage of 150 ft. at the setback line of a conventional roadway and cul-
de-sac along the eastern side of the site, and the other lot containing ap-
proximately 30,500 sq. ft. , with frontage off Concord Avenue.
Mr. Larson commented that this was not the best way to divide the site, and
asked that the Board consider other options: 1) that would substitute a !�
Minutes for the meeting of July 10, 1989 4
hammerhead type of cul-de-sac with the conventional roadway on the eastern
side of the lot; and 2) a plan, with a roadway/hammerhead moved to the
western side of the site, where the existing driveway is located. He recom-
mended the second option as the most practical, appropriate and sensitive for
the site, since it would preserve the greatest area of existing vegetation,
require the least amount of cut, limit access to Concord Avenue to one curb
cut and allowing for the safe turn around of a 30 foot long vehicle.
The Board agreed to continue discussion of and give Board direction on this
proposal at its next meeting.
185. Rollout of Plans Recently Submitted, (prior to staff review): The Board
reviewed, without comment, the following:
Royal Circle, off Grove Street, Barry Caouette, definitive plan, filed
6/26/89, and
Pond Court, off Lowell Street, Storch Associates, two preliminary plans
filed 6/27/89.
The meeting was adjourned at 10: 00 p.m.
David G. Williams, Clerk
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