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HomeMy WebLinkAboutPlanning Board minutes 1989-12-11 PLANNING BOARD MINUTES MEETING OF DECEMBER 11, 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, Sorensen, Uhrig, Williams, Planning Director Bowyer, Assistant Planner Nordby, Zoning Officer Marino and Secretary Peters present. 290. Review of Minutes: The Board reviewed the minutes for the meeting of December 4, 1989. On the motion of Mr. Williams, seconded by Mr. Sorensen, it was voted unanimously to approve the minutes, as written. ****************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *********** PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 291. Form A/89-13. Eaton Road Extension. Kevin Duffy: The Board reviewed a plan showing a change in the lot line between Lots 1 and 2, which did not change the frontage of either lot, and showing that both lots contain more than the required lot area for the 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 November 20, 1989, certified by John J. Caffrey, Registered Land Sur- veyor, with Application Form A/89-13, by Kevin Duffy, as it does not require approval under the Subdivision Control Law. 292. Form A/89-14. 421 Concord Avenue, Cynthia Nardone: The Board reviewed a plan showing the combination of Lot 1B with Lot 2, and the combination of Lot C with Lots 9, 14 and 12, (all back land) with no change in the frontage of Lots 1A and 2, and in which both Lots 1A and 2 contain more than the required lot area for the zoning district. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0-1 (Mr. Williams abstained): to endorse the plan entitled "Plan of Land in Lexington, Mass. ," dated November 27, 1989, by The Malcolm N. Johnston Co. , certified by Malcolm N. Johnston, Registered Land Surveyor, with Application Form A/89-14, by Cynthia Nardone, as it does not require approval under the Subdivision Control Law. RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 293. Hearings Scheduled for January 11, 1989: Mr. Williams gave an oral review of the following petitions to be heard by the Board of Appeals: 396 Waltham Street, Mobil Oil Corporation, SP, to internally illuminate 3 wall signs, and to install and internally illuminate a five foot Pegasus Disc Emblem. The Board expressed reservations about granting a special permit to illuminate the Mobil Mart sign. They noted they are opposed to the sale of convenience items within gas stations, beyond those sold from vending machines, and they did not favor combining a convenience store with a gasoline station. They also noted that any application for a special permit from a Board of Appeals decision is Minutes for the Meeting of December 11, 1989 2 discretionary. On the motion of Mr. Sorensen, seconded by Mr. Williams, it was voted 5-0 to recommend the special permit to allow illumination of the "Mobil Mart" sign, advertising the location of the convenience store within the gasoline station, be denied. On the motion of Mr. Williams, seconded by Mrs. Wood, it was voted 4-1-0 (Mr. Sorensen voted in the negative) , to recommend that the size of the Pegasus sign be limited to no more than three feet in diameter, as permitted under the Zoning By-Law. 21 Worthen Road, Roth & Strong, Inc. , SP, to install a free standing externally illuminated sign indicating the name of the tenant occupying the building: The Board agreed that there could be confusion in locating the tenant at 21 Worthen Road because of the location of the Militia Drive complex next door on one side and the Goodwill truck on the other side of the building. On the motion of Mr. Sorensen, seconded by Mr. Williams, it was voted 5-0 to recommend the special permit be granted with the condition that this be the only sign allowed, and that the sign may be no larger than 3 ft. by 5 ft. even if there are more tenants in the future. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 294. CUS 89-4. Valley Road. Lot 18-A. Maria Massucco: The Board discussed a memo from Assistant Planner Nordby dated December 7, 1989, containing a draft motion based on the Engineering Department's recommendation on what should be required to bring Valley Road up to adequate grade and construction insofar as would be required to provide frontage for lot 18A. They noted the previous determination (CUS 87-3 for Mr. and Mrs. Andrew Massucco to provide frontage for Lot 29 on Town property map #79) , required that the unpaved portion of the road be regraded and that 1" to 3" of crusher run material be applied, and that these improvements had not even held up for two years. On the motion of Mr. Williams, seconded by Mr. Sorensen, it was voted 4-1-0 (Mrs. Klauminzer voted in the negative) : to determine that in the opinion of the Planning Board, Valley Road, insofar as it provides frontage for Lot 18A as shown on Map 79, is not now of adequate grade and construction. If the improvements, as specified below, are made, and are considered adequate upon inspection by the Town Engineer, then the part of Valley Road to which the Planning Board required improvements would be of adequate grade and construction. 1. The improvements shall be made from the end of the existing pavement, for a length of 300 feet at a width to match the existing pavement. The work is to be done to Town standard. 2. Prior to the initiation of any work, a plan, which has been prepared by a registered engineer, shall be submitted for approval. Minutes for the Meeting of December 11, 1989 3 SUBDIVISION OF LAND 295. Ridge Estates, Freeman, Final Release of Surety: The Board reviewed a draft motion prepared by the staff releasing the remaining surety held by the Town. On the motion of Mrs. Uhrig, seconded by Mr. Sorensen, it was voted 5-0 that: WHEREAS, Francis X. Fields, Town Engineer, has informed us in relation to the Ridge Estates II subdivision: 1. in a memorandum dated 10/16/89, that the "as-built" plans have been approved; and 2. in a memorandum dated 11/30/89, that all corrective work, to bring the construction and installation of all the required community facilities to Town standards, has been completed and approved. IT IS VOTED: 1) that the Planning Board returns the remaining surety, in the form of passbooks #70-300-983 and #70-301-134, from the Somerset Savings Bank, for the amounts of $42,607.65 and $82,392.35 respectively, plus inter- est, which was being held for the completion of the construction of the community facilities at the Ridge Estates II subdivision; and 2) The covenant from Eliot J. Frost and Theodore L. Freeman, Jr. , Trustees of the Kerrie Realty Trust, dated January 19, 1981, shall remain in force and effect until such time as the Subdivision is accepted by the Town of Lexington as a public street. 296. Opi Circle. Gallinelli. Decision: The Board reviewed a draft Certifi- cate of Action approving the definitive plan, making minor corrections. On the motion of Mr. Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 5-0 to approve the definitive plan for the subdivision known as Opi Circle, and to approve the Certificate of Action, as amended. ********************* ARTICLES FOR 1990 TOWN MEETING ************************ 297. Drafts of Articles for the 1990 Town Meeting: The Board began prelimi- nary discussion of zoning articles they may wish to propose for Town Meeting. Mr. Williams reported that any articles resulting from the study done by the Cambridge Reservoir Watershed Advisory Committee, would likely not deal with zoning and would be prepared and sponsored by the Conservation Commission. Article A, Technical Corrections: Mr. Sorensen requested, and the Board agreed, that a technical correction be prepared clarifying that a new special permit is required when there is a change of use with a change of ownership or operator, and the new use can not meet the requirements of the existing special permit. Article B. Bed and Breakfast: The Board discussed a memo prepared by Zoning Officer Marino, dated 12/11/89, outlining information that has been collected on Bed and Breakfasts, including material requested by Mr. Bowyer from the APA Research Service. By a straw vote, they agreed d to g proceed with preparation of a Zoning By-Law revision to permit and regulate Bed and Breakfasts as an Minutes for the Meeting of December 11, 1989 4 accessory use in residential districts. Mr. Marino will incorporate some preliminary choices, made by the Board tonight, into his memo, as a first step toward drafting a zoning article legalizing "Bed and Breakfasts" in Lexington. The Board agreed to ask the Selectmen to reserve a space in the Warrant for an article dealing with the regulation of "Bed and Breakfasts". Article C, Parking Adjustments: The Board discussed suggested amendments, contained in draft article C, as of 12-7-89, prepared by the staff, dealing with parking regulations for institutional uses. Some of the changes are based on proposals suggested by residents Peter Kelley and Julian Bussgang. The Board agreed to ask the Selectmen to reserve a space in the Warrant for an article dealing with parking adjustments relating to institutional parking. Article D. Signs. Private Flags: The Board discussed draft article D, as of 12-7-89 prepared by the staff. Mr. Bowyer noted that this draft article was in response to the request of several business persons asking that a flag or banner be exempted from the general prohibition against wind actuated signs and that they be allowed in business districts by special permit. The Board agreed to ask the Selectmen to reserve a space in the Warrant for an article dealing with signs, private flags. 298. Submittal of Articles for the 1990 Warrant to the Board of Selectmen: The Board reviewed and corrected a draft letter, dated December , 1989, requesting that space be reserved for Planning Board Articles A, B, C and D, discussed above, which propose amendments to the Zoning By-Law. On the motion of Mr. Sorensen, seconded by Mr. Williams, it was voted unanimously to send the letter, as amended. ******************************** REPORTS ************************************ 299. Planning Board, Subcommittees a. Pine Meadow / Meagherville Site Development Committee: Mrs. Wood reported that the Committee's meeting, scheduled for last Thursday, will be held on December 12, 1989. There will be discussion of the com- prehensive permit process and of how to provide circulation in the development, by through street, by deadend streets or by no streets. b. Lexington Center Committee: Mrs. Wood reported the Committee's next meeting will be held at noon on January 11, 1989, to discuss the David Dixon Report. Mr. Williams will try to attend. 300. Planning Director a. Lighting Information from APA: Mr. Bowyer reported the information requested from the APA Ordinance Search Service has arrived. The Board agreed the information should be forwarded to the "soon to be formed" Lighting Subcommittee, under the jurisdiction of the Selectmen. The staff will also send a copy of the material to Albert Kovner, with a "thank you" for the work he has already done on lighting issues. Minutes for the Meeting of December 11, 1989 5 b. Waltham Street, Comprehensive Permit: There will be a joint meeting of the Selectmen, the Planning Board and the Conservation Committee to hear a presentation of the Waltham Street comprehensive permit proposal by the applicants on Monday, December 18, 1989. 301. EXECUTIVE SESSION, Litigation Against the Town: At 9:45 p.m. , on the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, and after an individual poll of the five members present, it was voted 5-0 to go into Executive Session to discuss litigation against the Town concerning Nahigian vs. the Planning Board, re Tracer Lane, and Colangelo vs. the Board of Appeals, re Maguire Road, and to reconvene in open session only for the purpose of adjourning. The Board returned to open session at 10:04 p.m. The meeting was adjourned at 10:05 p.m. 01.1„;(113 (44614„,„../ David G. Williams, Clerk