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HomeMy WebLinkAboutPlanning Board minutes 1989-12-04 PLANNING BOARD MINUTES MEETING OF DECEMBER 4, 1989 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 8:03 p.m. by the Chairman, Mrs. Wood, with members Klauminzer, Sorensen, Uhrig, Planning Director Bowyer, Assistant Planner Nordby and Secretary Peters present. Mr. Williams arrived prior to Item 289. Also present was Zoning Officer Joseph Marino. 283. Review of Minutes: The Board reviewed and corrected the minutes for the meeting of November 20, 1989. On the motion Of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted unanimously to approve the minutes, as amended. ************************ REPORTS ******************************************** 284. Planning Director a. Farm and Lillian Roads. Alfred S. Busa: Mr. Bowyer reported he inspected the roads today and the work remaining to be completed before winter has been done. ************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************** RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 285. Additional Hearing Scheduled for December 14. 1989: Mrs. Uhrig gave an oral review of the following petition: 38 Tarbell Avenue, Robert & Maribeth Ivarson, variance, for an addition to a nonconforming house, leaving a rear yard setback of 5 feet instead of the required 15 feet, and a side yard setback of 3.5 feet instead of the required 12 feet. The Board noted that none of the statutory criteria for granting a variance has been demonstrated, and that, based on the infor- mation presented, it appeared the addition could be located on the other side of the residence. On the motion of Mrs. Uhrig, seconded by Mrs. Klauminzer, it was voted 4-0-0 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. SUBDIVISION OF LAND 286. Turnburry Hill. Otis Brown: The Board discussed a memo from the staff responding to a letter from Mr. Brown asking that he and Leonard Colwell be allowed to occupy their homes in the Turnburry Hill development before all the conditions for occupancy, as stated in the Certificate of Action and the Special Permit with Site Plan Review, have been met. The Board noted that Town Counsel, the Zoning Officer and the staff have all agreed that subparagraph 3.5.8 of the Zoning By-Law allows this request to be treated as a minor revision. On the motion of Mr. Sorensen, seconded by Mrs. Uhrig, it was voted 4-0-0 that: Minutes for the Meeting of December 4, 1989 2 1. The Board determines that: a. the request is a minor revision to the certificate of action and the special permit and does not require a revision to these documents or a public hearing. b. due to winter weather conditions, it will not be possible, or desirable, to install the finish course of paving or landscaping before the houses are completed and ready for occupancy. c. special circumstances, relating to prior real estate commitments, exist for units #3 (Brown) and #5 (Colwell) , would create a hardship that warrants a special treatment for those units but not for the other units in the development. d. permission to occupy units #3 (Brown) and #5 (Colwell) , is a minor revision to the plan in that it does not change the location of either dwelling or result in any change in the physical improvements described in the plan and may be made without a formal revision to the special permit and without a public hearing. 2. The Board approves a temporary revision to the certificate of action and special permit that would authorize the Building Commissioner to issue a temporary "Certificate of Occupancy" to Otis Brown for unit #3 and to Leonard Colwell for unit #5 to enable them to occupy their dwellings in the Turnburry Estates Subdivision; subject to the following conditions: a. These temporary certificates of occupancy will be valid until June 1, 1990. If all the work required, in conditions #9 and #12 of the Certificate of Action and #14 of the Special Permit, is not completed by that time, the temporary certificate of occupancy shall be revoked and the continued occupancy of those units shall be considered to be a violation of the conditions of the special permit and shall be subject to such penalties as the Zoning Officer may impose for noncompliance. b. Not later than January 25, 1990 and prior to the occupancy of unit #3, Otis Brown shall deposit surety with the Town, in the form of a bank passbook, sufficient to cover the cost of all required and unfinished improvements within the right of way. Otis Brown shall promptly submit to the Planning Board all the information necessary to determine the amount of unfinished improvements and the amount of surety needed. The occupancy of Mr. Colwell's unit is not dependent on the deposit of surety and he is permitted to occupy unit #5 when the Building Commissioner issues a certificate of occupancy. c. The applicant shall be responsible for all snow plowing and snow removal in the development, including the subdivision road, during the 1989-1990 winter season as the road is not sufficiently finished for the Town to assume this responsibility. R Minutes for the Meeting of December 4, 1989 3 { ****************** ARTICLES FOR THE 1990 TOWN MEETING *********************** 288. Outline of Draft Articles Technical Corrections: The Board discussed a list of proposed revisions to the Zoning By-Law, dated 11-15-89, and prepared by Zoning Officer Joseph Marino, which contains his suggestions for technical changes to the Zoning By- Law. They reviewed Item 5, which would revise Section 4 Table 1, line 2.12, by changing SP and SPS to Y, and by adding the word "educational" after the words "non-profit" to line 2.13. In response to a question, Mr. Bowyer commented this would bring the Zoning By-Law into compliance with recent court rulings and with Section 3 of Chapter 40A, which says towns may not restrict or regulate the use of land or structures for religious or educational purposes. Mrs. Uhrig questioned whether these revisions might not be premature. Mr. Sorensen noted the Town has already issued a building permit for the Montesorri School without a special permit being granted, as is currently required by the Zoning By-Law. He felt the Town should follow the By-Law until it is changed and that any one who wishes to challenge the present language in the By-Law should file an appeal. Associate Member. Planning Board: The Board discussed whether they wish to 1 draft an article establishing the position of associate member to the Planning Board when it acts as the Special Permit Granting Authority. They agreed to defer this article until next year. Bed and Breakfast: Mr. Bowyer reported he contacted the APA Reference Service in Chicago, and the material he has requested on Bed and Breakfasts is in the mail. He felt the technical draftsmanship of an article would not be too difficult, but that the decisions as to what provisions the Board will wish to include in the article make take more time. The Board agreed to wait for the arrival of the material from APA and not to make a final decision tonight on whether to continue work on this article. Change of Use. Following a Change in Ownership: Mr. Sorensen explained that the article he proposes would make clear that a new special permit is required when there is a change of use with a change of ownership, where the new use can not meet the requirements of the existing special permit. He recommended the Board consider an amendment to Section 4.1.8 to clarify this point. The Board agreed this amendment would be included under the Board's Technical Correction Article. Accessory Building or Use: Storage of Fuel: The Board discussed this article, filed by registered voters last July, which would prohibit the sale of propane tanks as an accessory use for a principal business. They agree the article was flawed, but had been properly filed for the 1990 Town Meeting. Mr. Sorensen will confer with the petitioners to see about withdrawing and refiling a technically correct article that accomplishes their goals. J Minutes for the Meeting of December 4, 1989 4 ************************ SUBDIVISION OF LAND ******************************** 289. PUBLIC HEARING. Oni Circle Development. Definitive Subdivision Plan: Mrs. Wood opened the hearing at 9:06 p.m. by reading the legal notice. Engineer Michael Juliano, of The BSC Group - Bedford, made the presentation for Applicants Bruno and Maria Gallinelli. Mr. Juliano reviewed the site plan, a 6.8 acre parcel showing a two lot subdivision, located off North Street in Lexington and extending into Burlington and Woburn. He noted there would be one new dwelling, with the other lot containing an existing dwelling. They will use a cul-de-sac to obtain the frontage for both lots, and are proposing that the pavement for the subdivision road be 20 feet wide. Both lots will receive their utilities from Lexington. To contain the surface drainage they propose a drainage system with two catch basins. The waivers requested from the Development Regulations are: to reduce the required 25 foot radius roundings at the intersection of North Street and Opi Circle to 20 feet to reduce the amount of pavement; to reduce the required diameter for the water main from 6 inches to 4 inches since only one home is to be serviced; to reduce the subdivision roadway width from the required 24 feet to 20 feet to reduce the amount of impervious surface; to delete the required sidewalk since there are no sidewalks along North Street; and to substitute bituminous curb for a granite curb inside the cul-de-sac. Mr. Juliano added that some of these items must still to be worked out with the Engineering Department. He also reported that they felt that no additional fire hydrant was needed because an existing fire hydrant is close enough to i the proposed location of the new home to meet the Fire Department's requirements. In response to a questions from Mr. Williams, Mr. Juliano reported the Conservation Commission is waiting for the Planning Board to act on the subdivision plan before issuing an Order of Conditions; and that the bottom of the leaching pits were approximately a foot and a half above the existing water table and the surface elevation of the pond. The Board questioned whether the 25 foot radius rounding, which is required by the Engineering Department, should be applied to the actual pavement line or the right-of-way sideline, since they could not think of any street in town where 25 foot roundings exist. Mr. Juliano noted the road would remain a private way. There were no comments or questions from the audience. Mrs. Wood declared the hearing closed at 9:28 p.m. Following the hearing the Board gave direction for preparation of the decision. The Board agreed they would not require granite curbing on the inside circle of the cul-de-sac; that the road would be named Opi Circle; that the width of the pavement would be 20 feet. The Board agreed that since there was no sidewalk to connect to on North Street it would not require one, especially in a two lot subdivision. They also directed a restriction be placed in the deeds that there be no gate across the entrance of Opi Circle; and agreed the road would remain a private way. Minutes for the Meeting of December 4, 1989 5 Mrs. Klauminzer commented she remembered a previous discussion about giving the Board the option of waiving construction of a cul-de-sac in two lot subdivisions, and that she would like to see language enabling this to be done added to the Development Regulations some time in the future. 288. Outline of Draft Articles (continued): Signs - Flags. Banners: A majority of the Board were willing to work a little longer on drafting this article for inclusion in this year's warrant. Adjustments to Parking Regulations: The Board agreed to include revisions to the parking standards for institutional uses, proposed by Resident Julian Bussgang, and parking standards for food service establishments, proposed by Resident Robert Domnitz, in one article, if possible. Cambridge Watershed Articles: Mr. Williams recommended the Board wait until the next meeting to discuss any articles that may come from this study, since the Committee will be meeting this Thursday and there may be more information available next week. ************************* AFFORDABLE HOUSING ****************************** 289. Status Report - Affordable Housing Options Committee: Mrs. Klauminzer 1 reported that a progress report was made of the Committee's work to date at its meeting on November 30, 1989. The Goals and Policies Committee gave a brief rundown on the needs assessment they have been working on. Approxi- mately 60 people attended. She added that Mr. Bowyer gave a report on the status of the inventory of Town owned land suitable for affordable housing. ********************************** REPORTS ******************************** 290. Planning Board, Subcommittees: a. Meagherville/Pine Meadow Site Development Committee: Mrs. Wood reported the next meeting of the Committee will be held this Thursday. The meeting was adjourned at 10:26 p.m. (11:12-C24-6;"'"? David G. Williams Clerk