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HomeMy WebLinkAboutPlanning Board minutes 1989-09-11 �1 I PLANNING BOARD MINUTES MEETING OF SEPTEMBER 11, 1989 The meeting of the Lexington Planning Board, held in Room G-15, Town Office Building, was called to order at 7:34 p.m. by the Chairman, Mrs. Wood, with members Klauminzer, Sorensen, Williams, Uhrig, Planning Director Bowyer, Assis- tant Planner Nordby, Zoning Officer Joseph Marino and Secretary Peters present. 209. Review of Minutes: The Board reviewed the minutes for the meeting of August 14, 1989. On the motion of Mr. Williams, seconded by Mrs Klauminzer, it was voted 4-0-1 (Mrs. Wood abstained as she had not attended the meeting) to approve the minutes, as written. *************************** REPORTS **************************************** 210. Planning Director: a. Revised Schedule for Processing Subdivisions: The Board discussed a proposed schedule of Planning Board meetings through February, 1990, calling for approximately three meetings per month; two dealing with land regulation matters, and the third meeting devoted to planning matters. Also discussed was a draft standard report form for the processing of subdivisions, RD or CD developments, that would track required Planning Board actions, and would establish a date for an early substantive and conceptual review by the Planning Board about mid-way into the 90 day review period, and if everything appears to be on track, including input from the Engineering Department, a hearing date can be set. If it appears, as a result of the substantive review, that there are fundamental problems with the application, the applicant can be informed and provided with an opportunity to request an extension of time for action by the Board to correct any problems with the submission. b. Montessori School: In response to a question from the Chairman, Mr. Bowyer reported that, as per the last meeting when the Board expressed willingness to meet with the applicant if they wished to make a presen- tation to the Board, he had talked with a Montesorri representative a few days later. The representative thought a September meeting would be moot, since it was anticipated that they would have filed for a building permit by that time. PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 211. Form A/89-7. Orchard Crossing Subdivision. Kirksev: The Board reviewed a plan changing the type and number of dwelling units at the end of Orchard Crossing Lane, from eight dwelling units contained in four buildings on a single lot, as shown on the approved definitive subdivision plan and as granted in the special permit with site plan review, into four building lots, containing four single family dwelling units, that conform to the frontage and lot area require- ments of the zoning district. The Board discussed whether this plan could be endorsed as not requiring approval under the Subdivision Control Law. Minutes for the Meeting of September 11, 1989 2 A majority of the Board agreed that the only way to accomplish this change would be by amendment to both the subdivision plan and the special permit with site plan review. Mr. Sorensen moved, and Mr. Williams seconded, to endorse the plan. By a vote of 2-3 (Mrs. Uhrig, Mrs. Wood and Mrs. Klauminzer voted in the negative) , the motion failed. On the motion of Mrs. Klauminzer, seconded by Mrs. Uhrig, it was voted 4-1 (Mr. Sorensen voted in the negative): To not endorse the plan entitled "Compiled Subdivision Plan of Land in Lexington, Mass.", dated August 16, 1989 by Noonan and McDowell, Inc. certified by Malcolm Parker McDowell, Registered Land Surveyor, with application Form A/89-7 by James N. Kirksey because: 1) the land does not have frontage on a street as that term is defined in the Zoning By-Law, 2) the plan DOES require approval under the Subdivision Control Law as it would cause violations of a number of conditions of the Certificate of Action filed with the Town Clerk on June 21, 1989 approving the Orchard Crossing definitive subdivision plan and would change that plan from a r cluster subdivision plan to a conventional subdivision plan; and 3) endor- sement of the August 16, 1989 plan would set up a situation with numerous potential zoning violations of the conditions contained in the Special Permit with Site Plan Review for a combined cluster and conventional subdivision. 212. Form A/89-8. Bennington Road. Carol S. Snell: The Board reviewed a plan dividing one lot into two lots at #4 Bennington Road, both new lots conforming to the frontage and lot area requirements of the RS zoning district. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 5-0: to endorse the plan entitled "Plan of Land in Lexington, Mass.", dated December 22, 1987, by Malcolm N. Johnston Co. Inc. , certified by Malcolm N. Johnston, Professional Land Surveyor, with application Form A/89-8, by Carol S. Snell, applicant, as it does not require approval under the Sub- division Control Law. 213. Form A/89-9. Waltham Street. Robert E. Phelan: The Board reviewed a plan showing a change in a side lot line between Lots 2A and 3A, with no change in the frontage of the two lots, and the lot area of both lots conforming to the requirements of the RO zoning district. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 5-0: to endorse the plan entitled "Plan of Land in Lexington, Mass. (Middlesex County)", by The BSC Group - Bedford, Inc. , certified by Donald J. Forand, Professional Land Surveyor, with application Form A/89-9. by Robert E. Phelan, applicant, as it does not require approval under the Subdivision Control Law. with the addition to the plan of something to delineate how the lot line was changed. Minutes for the Meeting of September 11, 1989 3 RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 214. CONTINUED PUBLIC HEARING. Repetitive Petition. 4 Viles Road: Mrs. Wood noted the hearing had been continued from July 10, 1989, in order to enable applicant David Fine to attend and present his petition. He introduced his attorney, John Naylon, who presented new material relating to water drainage problems where the playhouse would have to be located in order to conform to zoning requirements. He added the abutter who had objected to the granting of the variance has moved and the new owner has no objection to the location of the children's playhouse. Four members of the Planning Board (Mr. Sorensen voted in the negative) voted that sufficient new material had been presented for them to recommend that the Board of Appeals allow the resubmission of the petition for a variance from the rear yard setback to allow a playhouse/shed to remain as constructed, which was denied by the Board of Appeals on June 9, 1988. SUBDIVISION OF LAND 215. PUBLIC HEARING. Royal Circle. Barry Caouette: Mrs. Wood opened the hearing at 8:42 p.m. by reading the legal notice and by outlining the procedure the Planning Board follows at public hearings. Landscape Architect Gary Larson, of Larson Associates Inc. representing the applicant, presented the plan and site analysis. He noted that the site contains 6.2 acres, and is located off Grove Street, next to the Estabrook School. He stated that a sketch plan was first submitted in January of 1987, when the Board requested a walking easement to the school, and accepted the inclusion of a common driveway for two lots. These recommendations were incorporated into the preliminary plan, which was filed in June of 1987. Further design work was done on the grading and access to the sites from the road, and the preliminary plan was approved in July of 1987. Included in the conditions for approval of the preliminary plan was a requirement that a landscaped island be provided in the center of the turnaround and be maintained by the abuttors. Mr. Larson added that a definitive plan was filed in October of 1987. Plans were also filed with the Conservation Commission showing the proposed drainage. The Commission questioned whether the drainage had to be contained on-site via a holding tank, or if the applicant would be permitted to discharge the drainage across the street directly into the Tophet swamp, or should go down Grove Street and tie into the existing easement. On January 4, 1988, the definitive plan was withdrawn until these drainage issues could be resolved. The applicant received an order of conditions from the Conservation Commission on May 1, 1989, allowing them to discharge the storm water directly across the street into the swamp, and on June 26, 1989, this definitive plan was filed, which incorporated all the previous comments and conditions made by the Planning Board and Conservation Commission. He noted there is a considerable change in elevation from Grove Street to the end of the cul-de-sac. In response to a question from Mrs. Klauminzer, he noted the maximum wall height is estimated at five feet. At one end of the circle, there Minutes for the Meeting of September 11, 1989 4 is a difference of 14 feet between the existing and proposed grades, but the difference will be sloped back. Mr. Williams proposed the walking easement to Estabrook School be delineated by a fence along both sides. Mr. Larson commented that they have proposed a stone dust path delineated with large boulders with shrubs in between. Mr. Williams also suggested that a conservation restriction be placed on the unbuildable lot, if the intention is to screen the development from the road. Jane Murphy, 20 Robinson Road, asked whether her land abutted the subdivision and was told it did not. She also had questions about the location of the homes off the end of the cul-de-sac. William Murphy, 20 Robinson Road, asded whether the homes would have septic tanks or be tied into the Town system, and was told they would be tied into the Town system. George Flett, 109 Grove Street, asked about the location of the walking easement in relation to his home. Robert Higgins, 40 Robinson Road, asked to be recorded in favor of the sub- division, and complimented the presentation and the engineer. As direction to the staff, the Board agreed that the walking easement to Esta- I ' brook be delineated by a fence or a stone wall on both sides. Mr. Bowyer noted that, according to the Zoning By-Law, the common driveway proposed for Lots 5 and 6, requires an additional special permit. Ms. Nordby reported there had been a request that the amount of impervious surface in the common driveway be split between the two lots it serves. The Board did not have a problem with this, if both lots, in the aggregate, stay under the impervious surface limit established by the Zoning By-Law. Mrs. Wood declared the hearing closed at approximately 9:20 p.m. 216. Pheasant Brook II. Definitive Plan. Fees for Submittal of New Plans: Mr. Sorensen recommended the Board consider the definitive plan filed on July 28, 1989 as a resubmission of the definitive plan withdrawn by the applicant on June 26, 1989, and the fees, for the July 28 application be calculated for a resub- mitted or revised unapproved definitive subdivision plan, as set forth in the Development Regulations under Section 8. A majority of the Board considered the July 28 application was a new filing and requires the filing fee and review fee for a new submission. On the motion of Mrs. Klauminzer, seconded by Mrs. Uhrig, it was voted 3-2 (Mr. Sorensen and Mr. Williams voted in the negative) , to inform the applicant, Mr. Cataldo, that the July 28 application is considered a new filing for a definitive plan and requires the fees set forth in the Development Regulations for a new submission of a definitive subdivision plan. 217. Carchia Woods. Release of Lot 3. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted unanimously to release Lot 3, as requested by the applicant. { Minutes for the Meeting of September 11, 1989 6 a single family dwelling with front yard setback of 20 feet to the front steps instead of the required 30 feet. ************ ARTICLES FOR FALL SPECIAL FALL TOWN MEETING ************ 221. Preparation for Fall Town Meeting: The Board agreed a 1989 Planning Board Report on Subsidized and Affordable Housing report should be prepared and submitted to the fall Special Town Meeting, under reports of Town Boards and Committees. **************************** REPORTS ******************************** 222. Planning Board. Subcommittees a. Chairmen's Breakfast: Mrs. Wood reported on the meeting of the chairmen of boards and committees last Friday, which was devoted mostly to preparation for the upcoming Special Town Meeting. b. Lexington Center Committee: Mrs. Wood reported the next meeting will be at noon this coming Thursday, and she will attend. c. Pine Meadow-Meagherville Site Development Committee: Mrs. Wood reported they will meet with the Affordable Options Housing Committee tomorrow evening. d. Cambridge Reservoir Water Advisory Committee: Mr. Williams reported the committee will meet tomorrow in Waltham, and he will be unable to attend. 223. EXECUTIVE SESSION. Wood Street. to Consider the Purchase. Exchange or Value of Real Property: At 10:30 p.m. , on the motion of Mrs. Klauminzer, seconded by Mr. Williams, and after an individual poll of the five members present, it was voted 5-0 to go into Executive Session to consider the purchase, exchange or value of real property, and to reconvene in open session only for the purpose of adjourning. The Board returned to open session at 10:55 p.m. The meeting was adjourned at 10:56 p.m. David G. Williams, Clerk