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HomeMy WebLinkAboutPlanning Board Minutes, 1993-10-18 PLANNING BOARD MINUTES MEETING OF' OCTOBER 18, 1993 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7.40 p.m. by Vice Chairman Domnitz with members Canale, Davison, Grant, Planning Director Bowyer, and Assistant Planner Marino present. Chairman Williams was absent. 140. Review of Minutes: The Board reviewed and corrected the minutes for the meeting of October 4, 1993. On the motion of Mr. Canale, seconded by Mr. Grant, it was voted unanimously 4-0 to approve the minutes, as amended. ********************** PLANNING DIRECTOR'S REPORT *********************** 141. Staff Retorts a. Webb Street. Rollout: The Board looked briefly at a plan for a six-lot subdivision, filed on October 13, 1993. b. Summer Street. Rollout: The Board looked briefly at a plan for a three- lot cluster subdivision, filed on October 12, 1993, that shows an existing single-family dwelling and a new two-family house. c. APA. Planning Advisory Service Retort "Tree Conservation Ordinances" Mr. Bowyer explained that this latest report in the PAS series is a very impressive catalogue of tree protection ordinances countrywide. Unfortunate- ly, Lexington does not have the staff to adequately enforce or promote such ordinances. Mrs. Davison said that this should not be an argument for doing nothing. The Town will not always be in the same financial condition. Mr. Bowyer will order copies of the report for those interested. ********************** PLANNING BOARD REGULATIONS ********************** 142. Revision of Development. Subdivision Regulations a. Review by Mike Callaghan. Palmer Sr. Dodge: Mr. Bowyer reported that Acheson "Mike" Callaghan of Palmer and Dodge had read the proposed regula- tions and spent a day with Mr. Bowyer reviewing them. Mr. Callaghan is one of Palmer and Dodge's most experienced people in zoning and subdivision regulations, with 20 years experience in the field. Mr. Callaghan believes they are consistent with the Subdivision Control Law with one exception dealing with the two types of lot release. There should be only one type of lot release. He had a number of other suggestions and will research a few things further Some issues have no precedent in case law but he seemed comfort- able those provisions could be defended. Mr. Callaghan is also Town Counsel to the Town of Acton. He favors the revised Regulations' approach, that a plan has to be complete on the day it is filed, and basic decisions are made at the sketch and preliminary plan stages. In most towns, key decisions occur at the very end. He noted that deferring I occupancy by homebuyers provides a level of consumer protection. Mr. Callaghan suggested that rather that returning an application as incom- plete, it would be advisable to notify applicants of the consequences of Minutes for the Meeting of October 18, 1993 2 proceeding with an incomplete application. It would put the applicant on notice and would give the applicant a choice. In order to deal with an applicant or a lending institution in default, he suggested that the various types of surety be limited to not more than $100,000 at one institution so that the protection offered by the Federal Deposit Insurance Corporation is in effect. Mr. Callaghan urged care in the separation of zoning and subdivision regula- tion By-Law they references to the Zoning enforcement. Where there are should be limited to the frontage and access requirements of the Zoning By- Law. He also advised caution in using the general, abstract criteria in the Regulations, e.g., aesthetic judgements. Although they do express the purpose of the Subdivision Control Law, they are subject to interpretation and should not be used as the only reason to disapprove a plan except in a flagrant case. The Board would like to see a concise description of the changes Mr. Bowyer will make based on suggestions by Mr. Callaghan. Mr. Bowyer agreed to flag the sections that will change. Mrs. Davison suggested alerting the audience at the public hearing to these changes. b. Comparison of the 1986. 1993 Regulations: Mr. Bowyer distributed a copy of an extensive outline comparing the 1986 and 1993 editions of the Development Regulations. Mr Callaghan noted that in the 1920's, there was a great deal of land development in Lexington, akin to that in Florida. The legacy is the paper subdivision of land, leading to our current problems with unaccepted streets and old undersized lots. The Town has over 10 miles of unaccepted streets. That is what we are dealing with now in these regula- tions. Mrs. Davison asked Mr. Bowyer if there should be a mechanism for a bond in an approval not required plan. He answered that the surety mechanism applies only in the definitive subdivision plan process, not in the approval not required plan. If a street improvement plan, stamped by an private engineer, is submitted, that engineer later certifies that the work has been completed according to the plan. The street remains a private street. The Town Engineering Division is involved only if it is to become a public street. On unaccepted streets, the Engineering Division acts as a consultant to the Planning Board, providing civil engineering experience. It will not act as the Town's representative, on land that the Town will not own, for liability reasons. If there is a declara- tion that the road is to be accepted, then the construction standards are higher. Mr Domnitz felt that the Town has a responsibility to inspect the work for public safety reasons. *********** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *********** PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 143. Form A/93-4. Outlook Drive: Paul Shafer related that he had an estimate prepared on the cost of improving the roadway and talked to two contractors. The cost would be about $40,000; he is willing to set up a larger bond as a result. The road would be built up to the point of installing the berm and 3 Minutes for the meeting of October 18, 1993 the final surface coat as the house would be under construction at the same time, and heavy equipment would damage the finished road. He proposed to set up two bonds - one for $14,000 for work to start this fall and a second of $6,000 for work to be finished in the spring. Mr. Bowyer, in response to Mr. Domnitz, said that the guarantee process begins with the Planning Board's approval of a street improvement plan. The mechanism for the inspection of the work is that the professional engineer who prepared the plan certifies that the work has been done in accordance with the plan. The Town Engineer will not inspect work on a private, unaccepted street. The Town Engineer wants to avoid potential problems with the Town's liability and the impression that the improved street should be accepted as a Town street because it was inspected by the Town Engineer. In the absence of a street improvement plan, it is unclear how the inspection and certification would be done. The letters from Mr. Shafer do not do this effectively. Mr Shafer said that they did not yet have the minutes for the meeting of October 4, to give direction to the surveyor to prepare a street improvement plan. Mr Domnitz moved that the staff be authorized to endorse the approval not required plan as soon as Mr Shafer submits a road construction drawing that conforms to their vote, and two pass books. There was not a second to the motion and no vote was taken. Mr. Bowyer discouraged the Board from accepting surety for this ANR. There is no mechanism for the Town to use the surety if it had the money. In a definitive subdivision, the Town has access to money to complete a street on its way to being accepted as a Town street. The Town is interested in a subdivision right-of-way because it will own and be responsible for the street, sidewalk, utility lines and the like. In this case, Outlook Drive would still be a private, unaccepted road. Even if the ANR plan is endorsed, no building permit will be issued. Mr. Grant pointed out that the note on the ANR plan, that no building permit would be issued until the street improvements were completed, provided the Town's guarantee of completion. There was then discussion of the timing of construction improvements relative to the oncoming cold weather conditions and bank acceptance of the condi- tions. Mr. Bowyer pointed out the Regulations dealt with winter conditions at the end of construction season. A limited building permit could be issued that would allow some construction on a house during the winter but did not permit occupancy until the road improvements were completed in the spring. Mr. Grant noted that situations like this occur regularly in real estate transactions and that banks are primarily interested that a lot has been created. The Town does not have to guarantee the construction of the house. Those issues are for private negotiations among the parties, not the Town. On the motion of Mr. Grant, seconded by Mr Canale, the Board voted unani- mously to endorse the plan entitled "Plan of Land in Lexington, Mass.", dated September 20, 1993, prepared by Noonan and McDowell, Inc., Billerica, Mass., certified by Malcolm McDowell, Professional Land Surveyor, with Minutes for the Meeting of October 18, 1993 4 Form A/93-4, submitted by Paul Shafer, applicant, as it does not require approval under the Subdivision Control Law. 144. Form A93/5. Massachusetts Ave. & Lisbeth Street: The Board reviewed a plan showing lot 36A, which is not a buildable lot, to be combined with lot 5A to form one lot with frontage on Lisbeth Street, and Lot 36B, which is not a buildable lot, to be combined with Lot 4A to form one lot. On the motion of Mrs. Davison, seconded by Mr. Grant, the Board voted unani- mously: to endorse the plan entitled "Plan of Land in Lexington, Mass.", dated October 7, 1993, prepared by The BSC Group, Inc., Bedford Mass., certified by Roger Corbin, Professional Land Surveyor, with Form A/93- 5, submitted by Toivo Koehler, applicant, as it does not require approval under the Subdivision Control Law. RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 145. Applications To Be Heard on October 28. 1993: Mrs. Davison gave an oral review of the following applications: 321-A Woburn Street, Kathy Chang, special permit to operate a Chinese food takeout service in the CRS zone. The Planning Board agreed to recommend that the Board of Appeals review the parking calculations for this complex of businesses. 1666 Massachusetts Avenue, Lexington Square Pizza and Restaurant, renewal of a special permit to continue to operate a 48-seat restaurant. The Planning Board agreed to recommend that a sign be posted to inform patrons that parking spaces for the other tenants in the building are available for restaurant patrons in the morning before the building opens, as they are from 6-9:00 p.m. 178 Lowell Street, Mediplex of Lexington, minor revision determination. After reviewing the material available to them, the Planning Board agreed to recommend that there be an opportunity for public review of Mediplex's plan by various town boards, e.g., the Board of Health, Fire Department and others who have an interest in protecting senior citi- zens. The Board believes, with the exception of Mr. Grant, for the purposes of the public hearing the addition of twelve beds should not be treated as a minor revision. The Board agreed to make no comment on the applications below also sched- uled to be heard by the Board of Appeals on October 28, 1993. 12 Glen Road, Richard and Christine Lunt, variance to remove and replace a garage with a two-car attached garage with a room above. 1707-R Massachusetts Avenue, Ellen Epstein d/b/a Overall Music, special permit to install a projecting sign 5 Minutes for the meeting of October 18, 1993 SUBDIVISION OF LAND 146. Release of Lot 12. Orchard Crossing: On the motion of Mr. Canale, seconded by Mrs. Davison, the Board voted unanimously to release Lot 12 in the Orchard Crossing Subdivision. This reaffirms a vote of the Board taken in May, 1990. The developer had failed to record the earlier lot release and had lost the form. 147. Release of Lot 1, Pheasant Brook Estates II. On the motion of Mr. Canale, seconded by Mr. Domnitz, the Board voted unanimously to release Lot 1 in the Pheasant Brook II Subdivision, with a note referring to the limited occupancy permit. The meeting was adjourned at 10:35 p.m. Jacqueline B. Davison, Clerk 1 I