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HomeMy WebLinkAboutPlanning Board minutes 1989-11-20 PLANNING BOARD MINUTES MEETING OF NOVEMBER 20, 1989 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7:39 p.m. by the Chairman, Mrs. Wood, with members Klauminzer, Sorensen, Uhrig, Williams, Planning Director, Assistant Planner Nordby and Secretary Peters present. 273. Review of Minutes: The Planning Board reviewed and corrected the minutes for the meeting of November 6, 1989. On the motion of Mrs. Klaumin- zer, seconded by Mr. Sorensen, it was voted 4-0-1 (Mrs. Uhrig abstained as she had not attended the meeting) to approve the minutes, as amended. *************************** REPORTS ************************************* 274. Planning Director a. Proposed Revisions to Chanter 774: Mr. Bowyer reported that he had testified last Friday, on behalf of the Mass. Association of Planning Directors (MAPD), at one of several public hearings on the Proposed Revisions to the Regulations of Chapter 774. MAPD proposes a longer period for approved Local Housing Plans to be in effect, not less than three and not more than five years. He noted there are two steps to the process; approval and certification of the housing plan. In com- munities that have a good record for producing affordable housing, certification can probably be obtained immediately; for communities with no record of past performance, certification would come after building permits for affordable housing have been issued. MAPD also proposes that rather than a short certification period of only one year, there be provision for an appeal by aggrieved developers who contend that a community is not making a good faith effort to provide affordable housing. Mr. Bowyer also reported that only one person spoke in opposition to the revisions, and that the public notice period will last through November 27, 1989. ***************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ********* RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 275. Hearings Scheduled for December 14. 1989: Mrs. Uhrig gave an oral review of the following petitions: 171 Grant Street, Raymond H. Deck, Jr. , SP, to construct a racquet court. The Planning Board noted that the proposed location of the one side of the court is on the side yard setback line, and that, although this complies with the Zoning By-Law, it appears there is room to move the proposed court further away from the lot line, especially since the court is proposed to be lit for night use. On the motion of Mr. Soren- sen, seconded by Mrs. Uhrig, it was voted unanimously to recommend that a condition for approval of the special permit be an increase in the side yard setback from the minimum required by the Zoning By-Law. Minutes for the Meeting of November 20, 1989 2 --) Emerson Garden Condominium, Emerson Gardens, Inc. , variance, to allow a swimming pool shed with a front yard setback of 41 feet instead of the 50 feet required. The Board noted that none of the statutory criteria for a variance has been met. They agreed that if the applicant thinks the shed would create visual problems for the condominium residents, additional plantings to screen the shed should be considered. On the motion of Mrs. Uhrig, seconded by Mrs. Klauminzer, it was voted 4-1-0 (Mr. Williams voted in the negative) to recommend the variance be denied, since the petition fails to meet the criteria in Chapter 40A, the Zoning Act, dealing with soil conditions, shape or topography. 121 Hartwell Ave. , Varian Associates, determination that relocating a building holding hazardous materials, and enlarging it slightly is a minor revision and a public hearing will not be required. On the motion of Mrs. Uhrig, seconded by Mr. Williams, it was voted unanimously to recommend that this addition be considered a minor revision to the spe- cial permit granted 9/20/84, and that a public hearing not be required. Farm Road, Anthony Busa, variance from Section 9.3.2 of the Zoning By- Law to extend the dead end street to a length of 875 feet, instead of the maximum of 650 feet allowed by the By-Law. The Board agreed that no connecting road is proposed by Mr. Busa, and that this would be the only way under the Zoning By-Law, except by variance, for him to gain access to the land he wishes to develop. 1 , 1 The Board did not accept Mr. Busa's rationale that problems with the shape of this land fit the statutory criteria for granting a variance, and they did not see that other statutory tests for a variance had been met either. Furthermore, the Board noted that in a letter from Mr. Bowyer to Mr. Marshall, dated November 14, 1989, Section 9.3.2 and Section 6.5.6 of the Development Regulations were quoted as restrictions on developing the Pine Meadows/Meagherville site without a through connecting road and they felt that that principle should apply through- out Town. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted unanimously to recommend the variance be denied on the grounds that the petition fails to meet the criteria in Chapter 40A, the Zoning Act, Section 10, dealing with soil conditions, shape or topo- graphy, required for granting a variance. 151 Grove Street, Marcel Gaudreau: The Board agreed to make no recom- mendation on the petition to renew a special permit to continue the operation of a consulting business from his residence. 276. Simonds Estates, Tidd Circle: Ms. Nordby reported that a previous Plan- ning Board had voted to release these two lots, but the document had never been recorded. The developer needs to have the vote reaffirmed for record- ing. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted unanimously: to reaffirm the vote, made on April 4, 1983, for the release of lots 1 and 16, in the Simonds Estate subdivision, Minutes for the Meeting of November 20, 1989 3 277. Pheasant Brook I. final release of surety: Ms. Nordby reported that the Town Engineer has indicated that all work has been completed to his satisfac- tion, and that there is no further need to hold any surety. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted unanimously: WHEREAS, Francis X. Fields, Town Engineer, has indicated in a memorandum, dated October 6, 1989, that the "as-built" of the Pheasant Brook, Phase I plans have been approved, which means that all required community facilities in the Pheasant Brook, Phase I subdivision have been completed in accordance with the Town's standards; IT IS VOTED: 1) that the Planning Board returns the remaining surety, in the form of passbook # 60-064809 from the Merchants Co-operative Bank in the amount of $75,000, which was being held for the completion of the construction of the community facilities at the Pheasant Brook, Phase I subdivision; and 2) the covenant from Pheasant Brook Estates, Inc. , The Kahn-Quinn Group Ltd. , dated November 26, 1989, shall remain in force and effect until such time as the streets in the subdivision are accepted by the Town of Lexington as public streets. l1 278. Turnburry Hill. Otis Brown: The Board discussed a letter from Mr. Brown asking that the Board waive a requirement of the Special Permit and Certifi- J cate of Action so that the Building Commissioner can issue occupancy permits for two of the dwelling units in the development. Prior commitments of two residents will force them to move out of their present residences before the requirements of Item 12 under General Conditions of the Certificate of Action have been met, allowing them to move into their homes in Turnburry Hill. The Board was unsure whether or not a formal amendment to the subdivision plan and a public hearing would be required to waive Item 12 of the General Conditions. They agreed to ask Town Counsel for an opinion. 279. Pheasant Brook II. Robert Cataldo. Action on Definitive Subdivision Plan: The Board reviewed and corrected a draft Certificate of Action, dated November 22, 1989, approving the definitive plan. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0-1 (Mrs. Uhrig ab- stained as she had not attended the meeting) to approve the definitive plan and the Certificate of Action, as amended. The Board reviewed and corrected a draft Special Permit with Site Plan Review, dated November 22, 1989, granting the special permit. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0-1 (Mrs. Uhrig ab- stained as she had not attended the meeting) to grant the Special Permit with Site Plan Review, and to approve the wording of the decision on the Special Permit with Site Plan Review, as amended. ***************************** AFFORDABLE HOUSING **************************** 280. Waltham Street. Comprehensive Permit: The Board reviewed a site plan Minutes for the Meeting of November 20, 1989 4 showing contours and the wetlands delineation line. They discussed what features they wished to see preserved. Mr. Bowyer reported the site contained approximately 18 to 19 acres, about one and one half times the site area of Katandin Woods. The Board agreed they wished to see a walking easement into abutting conservation land. Concern was also expressed about the visibility of the site from the surrounding area, what densities would be suitable, preserving the trees around the edge of the site, to serve as a buffer for the residential areas and conservation land surrounding the site. In response to questions from Board members, Mr. Bowyer said that it appeared that once the wetlands delineation line was established, he expected the applicant would wish to push ahead, as quickly as possible. He noted the analysis prepared by Ms. Nordby posed some conflicting objectives that the Board should work to resolve. Mr. Sorensen recommended that the number of units qualifying as subsidized should be more than the minimum required, around 30%, and that all units should be under such requirements that they count toward Chapter 774 obliga- tions indefinitely. Also discussed was negotiating strategy for ways to achieve the most advantageous affordable housing package for the Town, with the lowest density possible, and what would be the optimum mix of two and three bedroom units. 281. Meagherville - Pine Meadows: Mrs. Wood reported that the Meagher- [ I ville/Pine Meadows Site Committee will be making decisions, as to numbers of affordable units that can be built on that site, at its meeting on December 7, 1989, and that the Committee has asked for input from the Board prior to reaching any decisions. They reaffirmed their position adopted in "Policy Positions and Comments About the Construction of Affordable Housing on the Meagherville-Pine Meadows Property," dated March 13, 1989, which said the number of dwelling units on the property should be not less than 40 and not more than 70 dwelling units. The Board agreed that as many units as possible, with a minimum of 40, should be affordable. One member thought that no financing should be done by selling off individual building lots. Not everyone agreed. Mr. Sorensen said he has come to the conclusion that he would rather see all affordable housing produced by private development under comprehensive permits, than try to produce it on Town owned land. He felt the ultimate result of developing the Town owned land would be that the Town would end up with no undeveloped land, and other parcels would still have been developed under the comprehensive permit procedure. ******************************* REPORTS ********************************* 282. Planning Board, Subcommittees a. Cambridge Reservoir Watershed Advisory Committee: David Williams reported they have completed their meetings and he distributed draft reports on its work. The report will be discussed December 7, 1989 in Cary Memorial Hall, and all are invited to hear the Committee's recom- mendations and to give any comments they may have. He added there are Minutes for the Meeting of November 20, 1989 5 recommendations for warrant articles that the Board may wish to prepare for this year's Town Meeting. The Board will discuss this at next week's meeting. The meeting was adjourned at 10:08 p.m. ( 74')/JA . 614/L4 David G. Williams, Clerk D