HomeMy WebLinkAboutPlanning Board Minutes 1992-10-19 PLANNING BOARD MINUTES
MEETING OF OCTOBER 19, 1992
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 Chairman Williams, with members
Davison, Domnitz, Grant, Planning Director Bowyer, and Assistant Planner
Marino present. Mrs Wood was absent.
154. Review of Minutes The Board reviewed and corrected the minutes for the
meeting of September 16, 1992. On the motion of Mrs. Davison, seconded by Mr.
Domnitz, it was voted unanimously to approve the minutes, as amended.
The Board reviewed the minutes for the meeting of September 30, 1992. On the
motion of Mr. Domnitz, seconded by Mr. Grant, it was voted unanimously to
approve the minutes, as amended.
The Board also reviewed the minutes for the meeting of October 7, 1992. On
the motion of Mr. Williams, seconded by Mr. Domnitz, it was voted unanimously
to approve the minutes, as amended.
************************ PLANNING DIRECTOR'S REPORT ***********************
155. Staff Reports
a. Supreme Court Lucas decision. Mr. Bowyer reported on a conference that
he and Mr. Marino attended at which a number of legal authorities on land use
law and takings law spoke on the U.S. Supreme Court's determinations in the
Lucas vs. South Carolina case. These determinations modified somewhat the
prevailing law on "takings", indicating a potential change toward a more anti-
regulatory posture by the Supreme Court. This may have ramifications for the
Tracer Lane litigation.
b. Lexington Ridge Mr. Bowyer reported that the Town Manager has been
contacted by Dennis Sargent of Lexington Ridge Associates who has an agreement
with Trammell Crow, a large, national development corporation, to acquire the
Lexington Ridge property. Under the comprehensive permit, they have the right
to change ownership and the method of financing provided the site plans and
conditions remain the same. A meeting is being arranged with the Town
Manager.
Mr. Domnitz felt that if the Lowell Street development by Woodhaven Realty is
allowed to go forward as ownership housing, it will be harder to justify
conditions with respect to the inclusionary housing policy on developers in
the future. Mrs. Davison thought that the Lexington Ridge developer will be
watching the Lowell Street site.
Mr. Bowyer said that there is a difference in process between the two develop-
ments; one is a voluntary action by the Town, the other is under a state law
that allows an override of local zoning. Mr. Williams pointed out that the
Lowell Street development proposes moderately priced units, which answer a
recognized need in Lexington.
Minutes for the Meeting of October 19, 1992 2
***************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************
( -1
PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW
156. Form A 92/6. Lots A. B. & C. Marrett Road and Wachusett Drive
The Planning Board reviewed a plan that shows new lots B and C, abutting
Wachusett Drive and a staff memorandum outlining the history of this property.
Wachusett Drive is an unaccepted street with a right-of-way 40 feet wide and a
paved surface in poor condition, which is only 12-14 feet wide The nearest
part of this property is about 1,050 feet from Prospect Hill Road, the nearest
public street. The current paved width of Wachusett Drive does not provide
an adequate turnaround, particularly for large vehicles such as snow plows and
refuse collection or delivery trucks.
Mr. Bowyer noted that this plan is practically identical to one which the
Planning Board voted not to endorse in 1989. Subsequently the Board of
Appeals granted a prospective variance for the side yard setback between the
former carriage house, now a dwelling, and the main house in the event a
subdivision of the land is approved. Approval of that variance does not
affect the frontage question on which the Planning Board must make its
determination.
On the motion of Mr. Grant, seconded by Mrs. Davison, the Board voted unani-
mously:
To determine that Wachusett Drive as it exists along proposed lots B and
C, shown on a plan entitled "Compiled Plan of Land in Lexington, Mass,
Middlesex County," dated August 27, 1992 is not of adequate grade and
construction as defined in the Planning Board's Policy on Construction
Standards for Unaccepted Streets Relative to Building Lots, because the
street has insufficient width, excessively steep grades in that location
and an inadequate turnaround; and
To NOT endorse the plan entitled "Compiled Plan of Land in
Lexington Mass.", dated August 27, 1992, by The BSC Group -
Bedford, Inc. , certified by Donald J. Forand, Registered Land
Surveyor, because the plan creates two new lots which do not have z
Lot Frontage, as defined in the Zoning By-Law, on a street of
adequate grade and construction, and such plan DOES show a subdi-
vision which requires approval under the Subdivision Control law.
01
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RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS
157. Applications To Be Heard on October 22. 1992 Mr. Grant gave an oral
review of the following applications
482 Bedford Street, Beth Israel and Children's Hospital, special permit
to reduce number of parking spaces and loading bays in CRO district
The Planning Board comments that the parking regula-
tions were developed after much thought. The only way
the Planning Board would accede to a lower number of
parking spaces is if the applicant provided justifica-
Minutes for the Meeting of October 19, 1992 3
tion for the proposed reduction that is satisfactory
to the Board of Appeals.
The Board made no comment on the following applications:
150 East Street, Doran Greenhouses, Inc. , appeal of decision of Building
Commissioner re special permit violations
150 East Street, Doran Greenhouses, Inc. , renew a special permit to
operate commercial greenhouse/nursery with seasonal sale of Christmas
items and to expand area to grow plant to maturity
CD
7 Parker Street, Jane E. Mack, special permit to add a roof above front
T porch slab with no increase in site coverage
Q38 Parker Street, Scott and Christine Kyle, special permit to expand a
znonconforming dwelling by adding a bay window and dormer
38 Parker Street, Scott and Christine Kyle, variances from setbacks to
extend porch and relocate bulkhead
*********************** ARTICLES FOR 1993 TOWN MEETING ***********************
158. Hartwell Avenue and Maguire Road. Mr. Bowyer reported that he had
received overtures about a rezoning of the 3.3 acre parcel at the corner of
Hartwell Avenue and Maguire Road. He asked that the Board first discuss the
desirable uses of that site prior to discussing the particular proposal.
Mr. Domnitz felt that diversity is important to that area so he would not like
to see another office building. Other Board members agreed that another
office building is not desirable and other uses, either complementary to the
existing office buildings or compatible with them would be acceptable. Mr.
Domnitz would consider affordable housing suitable but not a hotel, gas
station or driving range. He would like to see a use that generates high
taxes but not a lot of traffic.
Mr. Bowyer reported that the use that is proposed is a nursing home. Mrs.
Davison felt that Lexington doesn't need another nursing home, and wonders if
a new one could be economically viable. Mr. Williams thought that a nursing
home would be a good use. Its traffic impact would be low and night opera-
tions are appropriate.
Mrs. Davison said that it is important to her that the existing trees remain.
Mr. Williams said any development of the site should have design features that
relate well to the Minuteman Commuter Bikeway.
The meeting was adjourned at 9 51 p.m.
Edmund C. Grant, C erk