HomeMy WebLinkAboutPlanning Board minutes 1989-10-23 PLANNING BOARD MINUTES
I MEETING OF OCTOBER 23, 1989
The meeting of the Lexington Planning Board held in Room G-15, Town Office
Building, was called to order at 7:38 p.m. by the Chairman, Mrs. Wood, with
members Klauminzer, Williams, Uhrig, Planning Director Bowyer, Assistant
Planner Nordby and Secretary Peters present. Mr. Sorensen was absent.
254. Review of Minutes: The Board reviewed the minutes for the meeting of
September 25, 1989. On the motion of Mr. Williams, seconded by Mrs. Klaumin-
zer, it was voted 4-0 to approve the minutes, as written.
********************************** REPORTS *******************************
255. Planning Board. Subcommittees
a. Meagherville Site Development Committee: Mrs. Wood reported the
committee will meet tomorrow evening to hear a report prepared by its
consultant.
b. Affordable Housing Options Committee: Mrs. Klauminzer reported the
committee will be holding a public meeting on November 30, 1989 at 8:00
p.m. , to which all town meeting members will be invited, to hear a
progress report on the committee's work.
c. Pheasant Brook II Site Walk: Mrs. Wood reported the Conservation
Commission has invited the Board to join them this Sunday to walk the
trails on conservation land behind Pheasant Brook II. The Board agreed
to propose they meet at 11:30 a.m. at the end of Butterfield Road.
d. Dates for Future Planning Board Meetings: The Board agreed to
schedule meetings for the following dates: November 6, 13 and 20, 1989
and December 4, 11 and 18, 1989.
*************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************
SUBDIVISION OF LAND
256. Philbrook Terrace. Robert Phelan. Release of Surety: On the motion of
Mr. Williams, seconded by Mrs. Klauminzer, it was voted 4-0:
That whereas the Engineering Department has found that all the work on
the Philbrook Terrace subdivision has been satisfactorily completed,
the Planning Board votes to release the surety, in the amount $65,000,
held in the form of passbook #101-3752, from the Guaranty First Trust
Company, that was deposited to assure the completion of the work. Such
release shall not be construed to relieve the developer, and his
successors in title, of the responsibility to thereafter maintain the
street and all utilities, street trees and other improvements in the
right-of-way of Philbrook Terrace until it is accepted by the Town. The
covenant, dated May 4, 1987, shall remain in effect and will not be
released until the right-of-way has been accepted by the Town as a
public street.
Minutes for the Meeting of October 23, 1989 2
257. Royal Circle, Barry Caouette, Endorsement of Plans: Mr. Bowyer reported
Town Counsel has about completed his review of the covenant, and the plans are
ready to be endorsed. On the motion of Mrs. Klauminzer, seconded by Mr.
Williams, it was voted 4-0 to endorse the plans for Royal Circle Subdivision,
with the stipulation that the plans will not be recorded until the covenant is
found acceptable to the Town Counsel.
*************************** AFFORDABLE HOUSING ******************************
258. Comprehensive Permit Procedure
a. Amend Definition of Affordable Housing: The Board reviewed proposed
changes in the "Comprehensive Plan Definition of Households with Incomes
Qualifying for Affordable Housing" that would use the same ranges of income
that EOCD uses. Mr. Bowyer noted that the differences between the present
definition and the revised definition is found in the Upper Moderate and
Middle Income incomes, where the upper range of the percentages are revised to
110% and 125% respectively, compared to the 1985-1988 definition where the
upper range of the percentages are 120% and 150% respectively of the Boston
SMSA median income.
Mr. Bowyer reported the top of the range which EOCD uses to determine eligibi-
lity would be 110% of the Boston SMSA median income. He proposed a figure for
Middle Income above the 110%, since there may be some merit in retaining this
category for use in Lexington situations only, but he suggested the range only
go to 125% of the median income rather than 150% in the current definition.
He noted the 1989 median income for a family of four is $45,000, and the
ranges for the 1985-1988 definition and the proposed revised definition are
both based on this figure.
Mrs. Klauminzer questioned whether the range needed to include the Middle
Income category since many had questioned why the Town considered providing
housing for anyone with incomes that high. She added it appeared to extend
benefits to persons who do not really need them. The Board discussed whether
to include the Middle Income category in the definition, and agreed to delete
it since the State does not accept anyone with that income as part of a state
program.
On the motion of Mrs. Klauminzer, seconded by Mrs. Uhrig, it was voted
unanimously to: (1) approve a new "Comprehensive Plan Definition of House-
holds with Incomes Qualifying for Affordable Housing" with new ranges of
income in relation to the median income for the Boston SMSA, and (2) delete
the Middle Income range category from the definition since it is not consis-
tent with State programs and is no longer consistent with the town's housing
needs.
b. Discussion of Proposed New Regulations Concerning M.G.L. Chapter 40B: Mr.
Bowyer reported he is in the process of preparing an explanation of these
regulations, and that the Board may wish to postpone this discussion until the
explanation is completed. He pointed out some sections that he thought the
Board might wish to make recommendations for amendment of the draft regula-
tions. He noted the certification period was down to two years, with a
recertification period of one year, and he questioned whether this period was
long enough for towns to do any effective preparation of housing plans.
Minutes for the Meeting of October 23, 1989 3
The Board agreed to consider later whether they will wish to testify or make
recommendations for adjustments to the new regulations at the November 16,
1989 public hearing in Boston.
********************* 1990 ANNUAL TOWN MEETING *******************************
260. Planning Board Sponsored Articles for 1990 Town Meeting: Mrs. Wood
reported that she talked to Carla Fortmann about an ad hoc group that is
meeting to work for a revision to the Sign Section of the Zoning By-Law
allowing banners or wind actuated signs for advertising. She noted that, at
this time, they are not allowed, even with a special permit. Mrs. Wood added
the group will ask to meet with the Board within the next month, and she
suggested they contact the Design Advisory Committee, who have been studying
the section in the Zoning By-Law dealing with signs. The Board also discussed
whether there would be any recommendations on signage in the Dixon Report.
Other articles considered and discussed by the Board, were the usual technical
corrections article and tightening up the parking regulations for institution-
al uses. Mr. Williams suggested there be standards and regulations covering
"Bed and Breakfast" establishments since they are not permitted, yet exist in
town. There is nothing in the Zoning By-Law or any other Town regulations
governing them. All members agreed they should be allowed to exist legally,
' ) by special permit, and should be licensed.
Mrs. Uhrig and Mr. Williams agreed to begin work on preparation of legislation
to accomplish this. Mr. Williams suggested operators of bed and breakfast
establishments be invited to participate in the preparation. Mr. Bowyer said
he will request the APA Ordinance Search Service send examples of how other
communities have handled bed & breakfast operations.
261. Proposed Revisions to Lighting Provisions of the Zoning By-Law:
Residents Myla Kabat-Zinn and Peter Kovner joined the Board for a discussion
of to deal with what they see as lighting problems in town.
Mrs. Wood read a letter from Elaine Adler, 3 Sunny Knoll Terrace, complaining
of the "bright, ugly and invasive" sodium vapor lighting in the Department of
Public Works Yard, across Bedford Street from their residence. She added she
hoped the Town will agree to put a halt to the "further oranging" of Lex-
ington, and that if the DPW yard lights and other sodium vapor lights were
changed back to regular lighting, that provide security, are more pleasing and
less glaring, all would be better off.
Mrs. Wood also read a letter from Mrs. Joy Buchfirer, president of the South
Lexington Civic Association, who reported that the association voted unani-
mously to support the resolution proposed by the East Lexington Community
Association, previously sent to the Selectmen, regarding the use of flood
lights on businesses, schools, parking lots and driveways.
Ms. Kabat-Zinn hoped they could discuss steps that could be taken short of
proposing by-law revisions that would make lighting regulations more access-
able, understandable and enforceable.
Mr. Kovner spoke on the brightness of both street lights and security light-
Minutes for the Meeting of October 23, 1989 4
ing, whether or not they are of the sodium vapor type. He reported there are
no regulations covering the installation of this lighting, and demonstrated
the difference in intensity between a normal 100 watt incandescent flood light
and a 100 watt high intensity light which is 9 times as bright. He noted this
is part of the problem with using sodium vapor lighting; it is so much
brighter that it bounces in neighbor's yards. He added that these lights are
actually installed less carefully than older, less powerful, installations,
which are placed lower on the building; whereas newer light installation are
higher powered and installed further out from the building and higher, and are
much more intrusive to the surrounding area.
Mr. Kovner thought there is no control of the intensity and location of
lighting, and new technology has made it possible to produce more powerful
lighting than is really necessary, which then becomes the standard, producing
sort of a "domino" effect where each business or home feels they must be as
bright. They noted there are no regulations to provide a means for controll-
ing the installation and design standards of new lighting in town. They
suggested that wording might be added to electrical permits saying there are
lighting standards that are to be followed.
Mr. Bowyer commented there was no one section in the Zoning By-Law that deals
with lighting issues, and perhaps some work could be done refining language
that refers to lighting. He added he thought more might be done by dealing
with the problem on an administrative level. He observed there will be a
problem with nonconformity in documenting existing conditions and finding new
i installations since any inspections would have to be done at night.
There was general agreement that the first step to controlling lighting in
town would involve creating lighting standards that can be applied administra-
tively and by the Board of Appeals. The Board suggested the Building Commis-
sioner, the Zoning Officer and the Electrical Inspector be contacted to
discuss what type of lighting standards would be necessary to develop a
uniform method of enforcing existing regulations and administrative inter-
pretations still to be developed.
The meeting was adjourned at 10:13 p.m. r
q0.4 , LIA
David G. Williams, Clerk