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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