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HomeMy WebLinkAboutPlanning Board Minutes 1992-11-23 PLANNING BOARD MINUTES MEETING OF NOVEMBER 23, 1992 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7 35 p m by Chairman Williams, with members Davison, Grant, Planning Director Bowyer, Assistant Planner Marino and Secretary Tap present. Mr Domnitz arrived during Item 171. Mrs Wood arrived during Item 172 171 Review of Minutes The Board reviewed the minutes for the meeting of October 19, 1992. On the motion of Mrs Davison, seconded by Mr. Grant, it was voted 3-0 to approve the minutes, as written. The Board reviewed the minutes for the meeting of November 2, 1992. On the motion of Mr. Grant, seconded by Mrs Davison, it was voted 4-0 to approve the minutes, as written The Board also reviewed and corrected the minutes for the meeting of November 9, 1992. On the motion of Mr. Grant, seconded by Mr Domnitz, the Board voted to approve the minutes, as amended. ************************ PLANNING DIRECTOR'S REPORT *********************** 172. Staff Reports a. Property on Webb Street Mr. Bowyer reported that 56-58 Webb Street, a six-acre parcel, has recently been sold. The buyers came into the Planning 1 Department office to explore possible uses of the land. b. EOCD Subsidized Housing Inventory• The Executive Office of Communities and Development is in the process of updating its Subsidized Housing Inventory for all cities and towns in Massachusetts This inventory is used by EOCD to compile percentages of low- and moderate-income housing for purposes of M G.L Chapter 40B. The Board observed that Lexington has many more low- and moderate-income housing units than the EOCD list shows and has asked the staff to update Lexington's list for their review before it is sent to EOCD. Members thought the state is to be applauded for sending the lists to the towns for verification. Mr. Domnitz wondered if the Town loses its right to object to an incomplete list if it doesn't respond in time He believes that it is to the Town's benefit to send the information to the State as soon as possible because of the inventory's use by the media, for a town's image, among other reasons. Mr. Bowyer noted that the total acreage of the properties on the list should be calculated as Lexington will meet the acreage requirement of the law before it meets the housing unit requirements. *************************** ANNUAL TOWN REPORT **************************** 173. Draft of Planning Board Section of Annual Report The Board discussed possible topics for their report, including the ongoing revision of the Subdivision Rules and Regulations, their participation in the Lexington Task Minutes for the Meeting of November 23, 1992 2 Force's decision on possible uses of the Metropolitan State Hospital land, and cm the staff's census reports. The Board agreed it has been a quiet year. ***************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************ RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 174. Annlications To Be Heard on December 10, 1992 Mrs Davison gave an oral review of the following applications 544 Lowell Street, Peter Cavallaro d/b/a Plant Action, Inc , renewal of special permit to operate a commercial greenhouse in RO zoning district The Board has no objection to the renewal of the permit for five years, but believes that as a condition of approval, the applicant must comply with paragraph 10.1.3 of the Zoning By-Law Paragraph 10. 1 3 of the Zoning By-Law was drafted to apply to special permit applications like this and the applicant should submit a landscaping plan as described in subsection 10.2. In contrast with some cramped sites in commercial districts, there is ample room on this site to achieve near total compliance with Section 10. It was agreed that particular attention should be paid to improving the view of the greenhouses from Lowell Street 1666 Massachusetts Avenue, Lexington Square Pizza & Restaurant, renewal of special permit to operate a restaurant in the CB district. The Board understands that the parking spaces that are reserved for certain businesses during the day are available for use by the public after 6 00 p.m. and recommends that a sign stating "Parking at will after 6 00 p.m.", or similar wording, be posted so it is obvious to the public 10 Maguire Road, Itek Optical Systems, variance for optical test tower The Planning Board recommends that the variance be granted with a condition limiting the use of the space to a research optical test tower and that it is not the intent to allow any other use at that height. The variance is justified only by the special requirements of the use which do not apply to other uses permitted by right in the zoning district If this special use ceases, and a new one is desired, then a new application must be made to the Board of Appeals. z 647 Lowell Street, Mobil Oil Corp. , modify special permit to install D additional sign and raise existing sign The Board recommends the special permit be denied Another sign would obscure vision by adding more visual clutter at a busy intersection. There is appropriate space O on the building itself where information about services can be posted. The Board agreed to make no comment on the applications below also scheduled to be heard by the Board of Appeals on December 10, 1992. 143 Reed Street, Cannella R. Braswell, renewal of special permit to operate a telephone answering service from her residence 10 Maguire Road, Itek Optical Systems, amendment of special permit c , 405 Waltham Street, Mail Boxes, Etc. , special permit to install sign Minutes for the Meeting of November 23, 1992 3 75 Woburn Street Richard and Susan Riley, variance to extend a room at (! rear of a non-conforming dwelling SUBDIVISION OF LAND 175. Taylor Lane, Release of Lots On the motion of Mrs. Wood, seconded by Mrs Davison, the Board voted unanimously to release lots one and two of the Taylor Lane subdivision. 176. Holderness Court. Final Release of Surety• Mr. Marino reported that a request has been received from Robert Phelan, developer of Holderness Court development, requesting that the Planning Board release all remaining surety for the Holderness Court subdivision. On the motion of Mrs. Wood, seconded by Mrs Davison, it was voted unanimously that WHEREAS, Francis X. Fields, Town Engineer, has indicated in a memorandum, dated November 2, 1992 that the "as-built" plans of the Holderness Lane subdivision have been approved, and that all required community facilities in the subdivision have been satisfactorily completed in accordance with the Town's standards; 1) to release all the remaining surety, in the form of Passbook #102-5320 from the Guaranty First Bank in the amount of $37,000, plus interest, which was being held for the completion of the community facilities at the Holderness Court subdivision, and return it to Robert Phelan, and 2) that the developer, and his successors in title, are not relieved of the responsibility to thereafter maintain the street and all utilities, street trees and other improvements in the right-of-way of Battle Green Road in the Holderness Court subdivision until it is accepted by the Town. The covenant, dated February 12, 1991, shall remain in effect and will not be released until the right-of-way has been accepted by the Town as a public street, and 3) to recommend to the Board of Selectmen that Battle Green Road in the Holderness Court subdivision be proposed to a future Town Meeting for acceptance by the Town. *********************** ARTICLES FOR 1993 TOWN MEETING *********************** 177 RD Rezoning Maguire Road and Hartwell. Avenue The Board reviewed and revised a draft letter of response to the petitioner, Douglas Noble of HDC, Inc On the motion of Mrs Wood, seconded by Mr. Grant, it was voted to accept the letter as revised. A majority of the Board agrees that a nursing home is an appropriate use and feels comfortable with the idea of bringing this rezoning petition to the 1993 Town Meeting subject to review of the specific site design Mrs. Davison again expressed her concern that a nursing home may not be economically viable. She argued that many people are keeping their frail relatives at home because they can't afford a nursing home. Mr. Williams noted there has not been a problem finding nursing home space for the resi- dents of the Dana Home. Minutes for the Meeting of November 23, 1992 4 178. Status of Other Possible Zoning Amendments r—, a. Sign Advisory Committee: Regarding the formation of a Sign Advisory Committee and rewriting of the sign section of the Zoning By-Law to appear in the General By-laws, Mrs. Davison said that she sees no support for the effort for the 1993 Town Meeting so she willnot go forward with it. b. Jumbo Houses Mr. Domnitz agreed to work on the jumbo house issue. He suggested that the Zoning By-Law could require a setback equal to the height of the structure; and if the house has over 2,500 square feet, the required setback should be 25 feet. The height of the structures is an issue that needs to be addressed as well. c Major, Minor Revision Mr Bowyer distributed a draft of an amendment to revise the provisions dealing with minor revisions to the Preliminary Site Development and Use Plan and special permits with site plan review issued in planned development zoning districts. d Definition of Family' Mr. Bowyer distributed a draft of an amendment which would add a new third sentence to the definition of "Family", to conform to provisions of the new Federal Americans with Disabilities Act. In response to the request that Town Counsel be asked to review the wording, Mr Bowyer responded that Mr Cohen reviews all proposed zoning amendments as a matter of course. e Golf Course In a discussion about tightening the language of line 4. 11 in the Use Table of the Zoning By-Law, Mrs Davison pointed out that the word golf is followed by the word course in line 2 20 in the Use Table which deals with non-profit organizations. For correct parallel construction that word should be added in line 4 11, which deals with for-profit businesses, as well. Mr. Williams said he believes a proposed business use in a residential district should always go before Town Meeting. Mr. Bowyer said that with information from the American Planning Association, a set of controls govern- ing outdoor business activities in residential zones could be written, but that it would be a substantial project Mr. Grant thought that enforcement is an effective control of such activities and cited a recent case in which neighbors effectively prevented a violation z of this type. Mrs. Davison pointed out that the Town does not have enough staff to make this a reliable method. She thought that adding the word course after golf would head off problems and would begin to fulfil] their responsi- bility as an elected Planning Board to deal with such matters. Mr Domnitz also thought that adding the word course would at least anticipate some 0 potential problems In an informal vote, the Board voted 3-2 in favor of adding the word course after golf in line 4. 11 of the Change Use Table in the Zoning By-Law. Mr. Grant and Mrs. Wood were opposed. ******************* PLANNING BOARD ORGANIZATION, SCHEDULE ******************* 179. Meeting Schedule The Board canceled their November 30 meeting They scheduled a meeting for Wednesday, December 9, at which they will continue their revision of the Subdivision Rules and Regulations and discuss the draft of the Land Use Report. Minutes for the Meeting of November 23, 1992 5 ********************************** REPORTS ********************************** x- 180. Planninc Board Subcommittees a. Minuteman Commuter Bikeway Committee Mrs. Wood reported that landscaping and construction are underway The final coat is not yet on the pavement b. Hanscom Area Traffic Study• Mr Grant reported that the committee is pleased with the Minuteman Commuter Bikeway project The idea that the Bikeway might be extended into neighboring communities has been greeted with enthusiasm Kathy Buckley, bikeway coordinator for the state, spoke Towns will have to contribute funds for future work. A representative of the National Park Service was there; apparently there is federal money for bikeway work for which Concord, Lexington, Bedford and Lincoln are competing Also discussed at the HATS meeting was the Massachusetts Aeronautics Commission's Strategic Assessment Report Study (SARS) The Study's purpose is to assess the need for a second airport Rail and high speed rail are being considered also, but area residents are justifiably alarmed at the possibility of Hanscom being a reliever for Logan Airport. Mr. Grant thought that the more the communities are involved, the better Mr Grant described the concern that has been expressed by members of PAHE (People Against Hanscom Expansion) over scenarios that have come out of the SARS. They wonder if the communities being represented attend the study committees Mr. Domnitz reported that the oversight committee has only 40 members for all of New England. Because he was asked to be a member, the other affected towns believe that Lexington has a representative while they do not Mr.Grant said that those in charge of the SARS will be at the next HATS meeting They will undoubtedly be asked how the towns are to be included in the studies. The meeting was adjourned at 10 22 p m. Edmund C. Grant, Clerk