HomeMy WebLinkAboutPlanning Board Minutes, 1993-11-15 PLANNING BOARD MINUTES
MEETING OF NOVEMBER 15, 1993
The meeting of the Lexington Planning Board held in Room G-15, Town Office Building,
was called to order at 7 37 p.m. by Chairman Williams, with members Canale, Davison,
Domnitz, Grant, Planning Director Bowyer, and Assistant Planner Marino and present
Mr. Grant arrived during Item 154.
************************ PLANNING BOARD REGULATIONS **************************
153. Final Revisions. Adoption of Subdivision and Development Regulations The
Board reviewed the comments and suggestions made by Acheson "Mike" Callaghan of
Palmer and Dodge. The Board agreed to some amendments to the draft dated November
1, 1993. On the motion of Mr. Canale, seconded by Mrs. Davison, the Planning Board
voted unanimously that
1. The "Development Regulations" adopted September 8, 1986, are repealed;
2. The August 31, 1993 vote of the Board to approve Chapter 5, Unaccepted
Streets, dated August 31, 1993, is rescinded;
3. The Planning Board adopts the "Development Regulations", dated November
1, 1993, as amended, to provide policies, standards, fees and procedures
for the approval of certain planned residential and commercial develop-
ments upon which the Planning Board acts;
4. Under Chapter 41, §81Q, the Subdivision Control Law, the Planning Board
adopts "Subdivision Rules and Regulations", dated November 1, 1993, as
amended, that are included in the "Development Regulations";
5. Under Chapter 40A, §9, The Zoning Act, the Planning Board adopts "Rules
and Regulations for Special Permits", when the Planning Board acts a
special permit granting authority, that are included in the "Development
` Regulations", dated November 1, 1993, as amended;
6. Consistent with its responsibilities under the Lexington Zoning By-Law,
the Planning Board adopts standards for the grade and construction of
unaccepted streets that are included in the "Development Regulations",
dated November 1, 1993, as amended;
7 The fee for a copy of the "Development Regulations" including the
"Subdivision Rules and Regulations" shall be $25 00
It was agreed that a memo be sent to Steve Frederickson asking him to be alert to
situations in which the new unaccepted street policy comes into force
***************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS **********
SUBDIVISION OF LAND
154. Summer Street, Sketch Plan The owner of the property, Barbara Zack, and her
brother, Howard Tarlow, were present. They plan to subdivide family owned property
for their own use Civil Engineer, Sam Sleiman, of H. Sleiman Associates, presented
a sketch plan for a two lot cluster subdivision on a 3 6 acre parcel on Summer
Street. There is an existing house at 10 Summer Street which shares a driveway with
16 Summer Street. Ms Zack wants to build another house One of the houses will be a
two family dwelling that will look like a single family dwelling
Mr. Sleiman presented the site analysis and a slope analysis The parcel abuts a
L conservation area; they will donate land to it although Ms Zack intends to preserve
as much of her land as possible.
Minutes for the Meeting of November 15, 1993 2
The Board agreed that the plan seemed well thought out. Mrs. Davison commented that
it is creative and sensitive to the site She would like to see Lot 3 formally
transferred to the Conservation Commission, and a smaller driveway.
Mr. Domnitz noted that the plans may permit a possible conventional subdivision `l
later He would like to see a deed restriction to prohibit further subdivision of
the land.
Mr Williams asked that the chain link fence abutting the conservation land be
removed. Mr. Williams wanted more of the land in the back dedicated to open space.
He also suggested that the second dwelling unit in the two family house could be an
accessory apartment.
The Board agreed to several conditions and suggestions to be incorporated into the
decision on the sketch plan, as follows:
Prior to the filing of the next development proposal, the layout of the new
driveway, new dwelling, and the lot line between lot #2 and lot #3 should be
staked in the field. A time for the Board to walk the site should be ar-
ranged.
The applicant may proceed directly to filing a definitive subdivision plan
because the construction of any public facilities (i e. , utilities and
roadway) will be minimal.
The Board is inclined to grant waivers from the requirement for constructing
the required roadway, utilities and turnaround, and, in general, approves of
the proposed cluster development plan.
The Board will make these suggestions that should be incorporated into the
next plan submitted for review
Explore the possibility of increasing the size of lot 3. The Board recognizes
that increasing the amount of open space may adversely influence the siting of
the proposed dwelling on lot 2. The Board considers the donation of public
open space to be an important factor in its decision
The size of third dwelling unit should be considered carefully. This unit may
be located in either the existing dwelling or in the proposed dwelling
The location and width of the proposed driveway should be chosen to preserve
the most desirable trees
There should be a sufficient leveling area at end of the proposed driveway to
ensure the safe egress from the site.
The presence of the chain link fence on the property is undesirable. It should
be removed where possible.
A private deed restriction on the further subdivision of either lot in this
development should be proposed.
3 Minutes for the meeting of November 15, 1993
PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW
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f 155. Morris Street. Form A/93-6. Joel and Jean Bitton The Board reviewed a plan
showing Lots 12 and 13, on Assessor's Map 90, Lots 20 and 21, combined to form Lot
A, with 100 feet of frontage on Morris Street. (The note on the plan says it was
prepared to eliminate the property line between lots 12 and 13, as shown on plan
entitled "Plan of Park Heights, No. 5, Lexington, MA, property of W.S Griswold"
dated May 19, 1927, by Roger B. Bellamy, Surveyor
Mr Williams called for a poll of the Board which agreed unanimously•
to endorse the plan entitled "Plan of Land in Lexington, Mass.", dated October
26, 1993, certified by Edward J. Farrell, Professional Land Surveyor, with
Form A/93-6, submitted by Joel J. and Jean M. Bitton, applicants and owners,
as it does not require approval under the Subdivision Control Law.
RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS
156. Applications To Be Heard on November 18. 1993 Mr Canale gave an oral review
of the following applications
16 Lake Street, Richard and Karen Bechtel, variances to add a one and one half
story family room and bulkhead. Mr. Williams polled the members who agreed
unanimously to comment that the applicants have not addressed the statutory
criteria for granting a variance, i e. , that they would suffer substantial
( hardship, financial or otherwise, owing to circumstances relating to the soil
conditions, shape or topography of the land or structures if a variance from
the provisions of the Zoning By-Law is not granted
55 Hill Street, Lexington Golf Club, special permit to expand the clubhouse
and modify the transitional screening area. Mr. Williams polled the Board
which voted 4-0 to recommend to the Board of Appeals that if it grants relief
from the 25 foot landscaping transition area requirement, it should not waive
the requirements in the remainder of Section 10, especially 10.4.4 and 10 4 5,
of the Lexington Zoning By-Law. Mr Grant abstained as he is a member of the
golf club.
55 Hill Street, Lexington Golf Club, variance to construct an addition to the
clubhouse. Mr Williams polled the Board which voted 4-0 to comment that the
applicants have not addressed the statutory criteria for granting a variance,
i.e. , that they would suffer substantial hardship, financial or otherwise,
owing to circumstances relating to the soil conditions, shape or topography of
the land or structures if a variance from the provisions of the Zoning By-Law
is not granted. Mr. Grant abstained as he is a member of the golf club
DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS
157 Laconia Street CUS 93/3. John Esserian Mr Esserian, a local builder, was
issued a demolition permit by the Building Department, and demolished the house. On
the same day, in the afternoon, he received a letter notifying him that under the
new Development Regulations he is obligated to improve the street in front of the
new dwelling he plans to build. He requested relief from the Planning Board from
( this unanticipated expense on his project
Minutes for the Meeting of November 15, 1993 4
After some discussion, the Board decided that Mr. Esserian had indeed been awkwardly
caught between the old and new regulations. The Board considered also the current (-Th
condition of the street and the character of the area. On the motion of Mr
Domnitz, seconded by Mrs. Davison, the Board voted unanimously that the section of
Laconia street on which the lots in question have frontage is currently of adequate
grade and construction.
************************ PLANNING DIRECTOR'S REPORT ***********************
158 Staff Reports
a. 395 Concord Avenue. Rollout of Sketch Plan The Board looked briefly at a plan
for a three lot subdivision.
********************************** REPORTS **********************************
159 Planning Board. Subcommittees
a. Emery Park Mr. Williams commented on a plan for landscaping and accessibility
improvements to Emery Park in Lexington Center He cited a 100 year restriction on
the land. He thought the proponents should be asked to show the plan to the Board
The meeting was adjourned at 10 40 p.m.
Jacqueline B. Davison, Clerk
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