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HomeMy WebLinkAboutPlanning Board minutes 1989-07-31 1 PLANNING BOARD MINUTES MEETING OF JULY 31, 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 Vice-Chairman, Mrs. Klaumin- zer, with members Williams, Uhrig, Assistant Planner Nordby and Secretary Peters present. Mr. Sorensen arrived during Item 190. Mrs. Wood was absent. 186. Review of Minutes: The Board reviewed the minutes for the meeting of April 26, 1989. The Board reviewed these minutes after the arrival of Mr. Sorensen, following Item 190. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 2-0-2 (Mrs. Uhrig and Mr. Williams abstained since they had not attended the meeting) to approve the minutes as written. The Board reviewed and corrected the minutes for the meetings of May 1 and June 12, 1989. On the motion of Mrs. Uhrig, seconded by Mrs. Klauminzer, it was voted 2-0-1 (Mr. Williams abstained since he had not attended the meeting) to approve the minutes as amended. The Board reviewed the minutes for the meeting of May 3, 1989. On the motion of Mrs. Uhrig, seconded by Mrs. Klauminzer, it was voted 2-0-1 (Mr. Williams abstained since he had not attended the meeting) to approve the minutes as written. The Board reviewed the minutes for the executive session of May 22 and the meeting of June 5, 1989. On the motion of Mr. Williams, seconded by Mrs. Uhrig, it was voted 3-0-0 to approve the minutes as written. The Board reviewed and corrected the minutes for the meetings of May 22 and June 19, 1989. On the motion of Mr. Williams, seconded by Mrs. Uhrig, it was voted 3-0-0 to approve the minutes as amended. ****************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *********** SUBDIVISION OF LAND 187. Childs Road, Endorsement of Definitive Plan: Ms. Nordby reported the 20 day appeal period has passed with no appeal filed, and the plans are ready for the Board's endorsement. On the motion of Mrs. Uhrig, seconded by Mr. Wil- liams, it was voted 3-0-0 to endorse the plans entitled "Childs Road Exten- sion", dated February 10, 1989, by the BSC Group - Bedford. 188. Eaton Road, Endorsement of Definitive Plan: Ms. Nordby reported the 20 day appeal period has passed with no appeal filed, and the plans are ready for the Board's endorsement. On the motion of Mrs. Uhrig, seconded by Mr. Wil- liams, it was voted 3-0-0 to endorse the plans entitled "Eaton Road Exten- sion", dated March 3, 1989, by J. J. Caffrey, P.I.S. PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 189. Form A/89-5, Maple Street, Francois & Nicole Morel: Ms. Nordby reported Town Counsel was consulted and he sees no problem with the Board endorsing the plan, with the addition of a note which states: "The Planning Board endorses Minutes for the Meeting of July 31, 1989 2 this plan showing three nonconforming lots, per the Board of Appeals decision filed with the Town Clerk on May 31, 1989". On the motion of motion of Mrs. Uhrig, seconded by Mr. Sorensen, it was voted 4-0-0: to endorse the plan entitled "Compiled Plan of Land in Lexington, Mass. (Middlesex County)", dated May 30, 1989, by The BSC Group - Bedford, Inc. , certified by Donald J. Forand, Professional Land Surveyor, with application Form A/89-5, by Francois & Nicole Morel, as it does not require approval under the Subdivision Control Law, and to include a note, as stated above, on such plan RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 190. Hearings Scheduled for August 10, 1989: Mr. Sorensen gave an oral review of the following hearings scheduled to be heard by the Board of Appeals. 60 Maple Street, Margaret Bean-Bayog, renewal of SP, to use a portion of a residence as an office for individual psychiatric consultation: On the motion of Mr. Williams, seconded by Mr. Sorensen, it was voted 4-0 to recommend the special permit be renewed for two years , with the same conditions that were contained in the previous special permit. 321 Marrett Road, Glenn Comeau, Glenn Eric's Deli, renew of SP, with no changes except to add an oven: The Board agreed they had no objections to the installation of a small oven for baking. They recommended that a { condition be added requiring the operators of the stores and deli to keep the front and rear areas of the complex clean and free of litter, adding trash cans (if there are none there now). On the motion of Mr. Sorensen, seconded by Mrs. Uhrig, it was voted 4-0 to recommend the special permit be renewed for the same time period and with the same conditions as the permit previously granted, allowing the addition of a small oven; and with the added condition that the front and rear areas of the complex be kept clean and free of litter. 870 & 880 Waltham Street, Fine Homes Realty, Inc., SP, to construct a common driveway from Waltham Street to provide access for two dwellings: Mr. Williams suggested the application be referred to the Traffic Safety Committee. Mr. Sorensen reported the Building Commissioner said that permission might have to be obtained from the State before a driveway could be constructed on that portion of Waltham Street, and that this permission may not be given, because of the proximity of the proposed driveway location to the entrance of Route 2. The Board expressed concerns about the steepness of the site where the driveway was proposed, and its proximity to the traffic light at the corner of Waltham Road and Concord Avenue. On the motion of Mr. Williams, seconded by Mrs. Uhrig, it was voted 4-0 to recommend the special permit not be granted, and to recommend the application be referred to the Traffic Safety Committee for further study. 1 Minutes for the Meeting of July 31, 1989 3 The Board also agreed to make no comment on the following applications: 478 Marrett Road, Wayne & Susan Wood, SP, to add a second floor over the nonconforming portion of a dwelling, and 69 Oak Street, Mary Mitropoulos, variance, to enclose and extend a front porch, leaving insufficient front and side yard setbacks. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 191. CUS/89-3, Lot 109, John Essarian, Decision: The Board reviewed a letter, and a map outlining the work that will need to be done to meet the requirements of the Board's policy to bring the road up to adequate grade and construction. Ms. Nordby reported that the Engineering Department had approved the plan now before the Board. On the motion of Mr. Sorensen, seconded by Mrs. Uhrig, it was voted 3-0-1 (Mr. Williams abstained as he had not attended the meeting where the application for a determination had been presented) that: In the opinion of the Planning Board, Fair Oaks Drive, insofar as it provides frontage for Lot 211, as shown on Map 33, is not now of adequate construction. If the improvements identified on the "Plan of Improvements to Fair Oaks Drive - Lexington, MA," dated July 24, 1989, prepared James R. Keenan, Professional Land Surveyor in the Commonwealth of Massachusetts, are made, and are considered adequate upon inspection by the Town Engineer, then the part of Fair Oaks Drive for which the Planning Board requires improvements will be of adequate construction. The section of roadway which is improved shall be considered to be of adequate construction for a period of two years only from the time that the Town Engineer approves the improvements made. This opinion is limited to the construction of the street and should not be interpreted as implying that the lot under consideration meets other tests of the Zoning By-law to qualify it as a building lot. 192. Rollout of Plans Recently Submitted (prior to staff review): The Board reviewed the following plans: Wood Street, Gary Larson, Sketch Plan: Pheasant Brook, Robert Cataldo, Definitive Plan SUBDIVISION OF LAND 193. Concord Avenue, George Issaians, Sketch Plan: The Board continued its discussion of the plans made at the last meeting. Landscape Architect Gary Larson repeated his presentation of the plans (see minutes of July 10, 1989), including the proposed options for moving the roadway, and allowing a hammer- head type of a turnaround. Attorney Stephen Russian, representing the applicant, also urged the Board to consider the positive aspects of allowing the frontage shape to be modified and roadway moved, in order to get sufficient frontage for the back lot. He added this would reduce disturbance to the site by minimizing the amount of cut required for the road and the amount of clearing that would be required if the applicant were required to build a conventional two lot subdivision. He added that he felt that they had shown that it was possible to subdivide the property. Minutes for the Meeting of July 31, 1989 4 —m Mrs. Klauminzer noted that it appeared they were unable to construct in their preferred plan, to Town standards, a road with a full turnaround from which legal frontage for the back lot could be derived. Mr. Sorensen questioned the location of the new house in their preferred plan, and noted that the back yard, beginning at the house, was a steep slope down to Concord Avenue. Mr. Larson said there was no room if the road were required to be built with the conventional cul-de-sac and roadway on the east side of the lot. Mr. Larson also proposed that the Board consider a waiver of construction of a conven- tional subdivision road, and allow, by waiver, construction of a common driveway serving the two homes. The Board agreed they might consider a different shaped turnaround, such as a hammerhead, from which legal frontage might be obtained, and they recommended the applicant prepare a revised plan showing legal frontage derived off a ham- merhead turnaround for the existing home, and the new home located further away from Concord Avenue. It was noted a variance may be required. 194. Carriage Drive, Woodhaven Realty, Set and Accept Surety, Release 2 Lots: Ms. Nordby reported that 15% of the total cost of the subdivision ($411,453), that must be held by the Town until the work is completed, is $61,718, and that the amount of money needed to complete any remaining work is $44,875. On the motion of Mr. Sorensen, seconded by Mr. Williams, it was voted 4-0-0: 1) to set the amount of surety at $61,718, which is 15% of the total "Cost to Construct," as the amount necessary to hold until the comple- tion of the community facilities and the subdivision. 2) that this level of surety is determined to be sufficient through August 1, 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 the then applicable construction costs and the work remaining to be completed. If little or none of the work that remained, at the time this surety was posted, is completed by August 1, 1990, and 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 comp- leting the work and the developer will be required to furnish additional surety to the Planning Board. On the motion of Mr. Sorensen, seconded by Mr. Williams, it was voted 4-0-0 to accept surety, in the form of a passbook with a deposit slip made out to the Town of Lexington, in the amount of $61,718. Ms. Nordby reported the developer has requested the release of Lots 6A and 10. On the motion of Mr. Sorensen, seconded by Mr. Williams, it was voted 4-0-0 to release Lots 6A and 10. 195. Carcia Woods, Charles Borque, Reduction of Surety: On the motion of Mr. Sorensen, seconded by Mr. Williams, it was voted 4-0-0: 1) that the Planning Board determines that the cost of completing the construction of the community facilities and the subdivision is $8,900. Minutes for the Meeting of July 31, 1989 5 2) that this amount is based on construction costs at the time of the original surety deposit on March 10, 1989 is determined to be sufficient through March 13, 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 the then applicable construction costs and the work remaining to be completed. If little or none of the work that remained, at the time this surety was reduced, is completed by March 13, 1990, and 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 completing the work and the developer will be required to furnish additional surety to the Planning Board. 3) that the Planning Board votes to reduce the amount of surety to $22,405, which is 15% of the total "Cost to Construct ($158,069)," as the amount necessary to hold until the completion of the community facilities and the subdivision. ********************* ARTICLES FOR 1990 TOWN MEETING *********************** 196. Zoning Amendment Filed by 10 or More Registered Voters: The Board discussed a proposed amendment filed by Ephraim Weiss, and 10 registered voters, on July 19, 1989, that would amend the definition of "Accessory Build- ing", and further restrict the construction, installation or use of any tank or vessel for the storage of a chemical or fuel, as specified in Line 18.4 of Table II in Section 4 of the Zoning By-Law. *****************fie******** REPORTS **********************************, ******* 197. Assistant Planner a. Pheasant Brook II, Setting of Fees for New Submission: Ms. Nordby reported that there has been some confusion about what the fees should be on the new filing. Mr. Sorensen and Mr. Williams believed this was not a new submission, warranting the smaller fee, and Mrs. Klauminzer and Mrs. Uhrig believed it was a new submission warranting the larger fees. The Board did not agree on what portion of Section 8 of the Development Regulations, dealing with what fees, applies to the defini- tive plan filed on Pheasant Brook II, and they agreed to postpone any decision until a full Board can act. 198. Planning Board, Subcommittees a. National Park Service Plan: Mrs. Uhrig reported on a memo, dated July 6, 1989, from Frederick A. Szarka, Superintendent of the Minute Man National Historical Park, reporting on a "Record of Decision, Finding of No Significant Impact, Minute Man National Historical Park General Management Plan", which documents official National Park Service decisions. She expressed disappointment that the traffic problems on Battle Road were not addressed except in a most general way. The meeting was adjourned at 9: 55 p.m. (1)17X2'I6 David G. Williams, Clerk