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HomeMy WebLinkAboutPlanning Board Minutes, 1994-02-07 PLANNING BOARD MINUTES MEETING OF FEBRUARY 7, 1994 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 Chairman Domnitz, with members Canale, Davison, Williams, Planning Director Bowyer, and Assistant Planner Marino present Mr Grant arrived during 'Item 24. 23. Review of Minutes The Board reviewed and corrected the minutes for the meeting of January 24, 1994. On the motion of Mrs. Davison, seconded by Mr Williams, it was voted unanimously 4-0 to approve the minutes, as amended. *************************** PUBLIC PARTICIPATION ************************** 24. Planning Board Candidate• Mr. James Nicoloro, a candidate for the Planning Board, was present and asked about the proposed jumbo house amendment. In particu- lar, he wanted to know if a house recently built on a lot on Massachusetts Avenue at Marrett Road would have been affected by the proposed amendment Mr Williams answered that it would have ************************ PLANNING DIRECTOR'S REPORT *********************** 25. Staff Reports a Dana Court, Definitive Plan The Board briefly reviewed this plan for a cluster subdivision. Mr Marino reminded the Board that the plan has to comply with the previous Development Regulations as it was filed before the new version was adopted. b. Met State Hospital Land Reuse. Housing Needs Assessment Mr. Marino reported that he is in the process of preparing a housing needs assessment for the three communities. This involves assembling basic data on the communities on which they can base their needs assessment and develop policies. The Alliance for the Mentally Ill has indicated that it wants ten percent of the units for their clients under a new, state supported program for mentally ill individuals The Housing Fact Finding Group will meet on February 17 to discuss the distribution and sharing of access to affordable housing units by the three communities The potential impact on the school budget of school age children in any housing on the site concerned some members of the Board. Mr Williams asked if the other towns would contribute to educating children in the housing. The Board agreed to educate itself on these issues The future of this site will have a big impact on Lexington c Mugar Property Waltham Street, Rezoning Inquiry Mr. Bowyer reported that he had received a query from the Mugar Group about their land near the Star Market on Waltham Street. Mugar would like to use it legally for parking for the shopping area. He informed them the land is in a single-family zone in which commercial parking is not permitted. He told them they will have to petition Town Meeting for a rezoning. Minutes for the Meeting of February 7, 1994 2 ***************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************ r—, RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 25. Applications To Be Heard on February 10. 1994 Mr. Domnitz gave an oral review of the following applications 6 Westminster Avenue, Karen Petersen, special permit to convert a one-family house to a two-family. The Planning Board agreed to recommend denial of the special permit They believe the proposed structure does not maintain the appearance and character of the surrounding single family neighborhood as required by 5.3. 1.3, and 5 3 2 b of the Zoning By-Law The proposed structure will have a width of approximately 80 feet facing Westminster Avenue, and the gross floor area will exceed 5,000 square feet. The Board will advise the Board of Appeals to encourage the applicant to prepare an alternative design that is more consistent with the scale of development in the neighborhood. They also noted that the 22 foot sideyard setback for the proposed addition is in conflict (by three feet) with the "jumbo house" zoning amendment on this year's warrant for Town Meeting. By coincidence, public notice of the amendment is scheduled to appear in the Minuteman the morning of February 10, the same day as the Board of Appeals hearing If the amendment passes, the applicants will have to comply with the new setback requirements set forth in the amendment 6 Westminster Avenue, Karen Petersen, variance to add a porch and two second- ary entrances The Planning Board agreed to recommend denial of the variance for the additional front doors, as it will convey the appearance of a multi- family dwelling. The Board will not comment on the front yard setback. 32 Waltham Street, John Pacelli d/b/a Dagwood's Deli, renewal of a special permit to operate a deli and extend hours to close at 10 00 p.m. The Planning Board agreed to recommend approval of the special permit renewal and the extension of hours of operation 4 Maguire Road, Focal, Inc. , request for determination that enclosing 2,396 sq ft of floor area within the building is a minor revision. The Planning Board agreed to recommend that this be treated as a minor revision. 1777 Massachusetts Avenue, Versailles Restaurant, Inc. , request for determina- tion that a change in hours of operation, to allow opening at 7 00 a.m. , is a minor revision to a special permit. The Planning Board agreed to recommend that this be treated as a minor revision. 8 Carmel Circle, Appeal of Frances Frankenburg and Mary Zanarini, advertised for February 10 but postponed until March 10 The Planning Board agreed to act on this application at a future meeting 26. Recent Board of Anneals Decisions Mrs. Davison expressed concern that a landscape plan, required by the Zoning By-Law, was missing from an application for a special permit that was reviewed recently by the Planning Board. Mr. Grant, who attended the Board of Appeals meeting where the application was addressed, said that a landscape plan and other material were shown that night Applicants present material at the hearing that is not included with the application the Planning Board sees. 3 Minutes for the meeting of February 7, 1994 After some discussion, it was agreed that Mr Domnitz would raise with the chairman of the Board of Appeals the issue of making sure that the Planning Board gets complete applications to review. He will also convey the Planning Board's sugges- tion that the Board of Appeals forward applications with landscape plans and sign applications to the Design Advisory Committee for review DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 27 Haves Lane. Decision on Definitive Street Construction Plan CUS 93/3 The Board reviewed and corrected the draft decision On the motion of Mrs Davison, seconded by Mr. Grant, the Board voted unanimously to approve the following motion The Planning Board 1 determines that Hayes Lane, as it provides frontage for lot #280 on Assessors Map #48, is not presently of adequate grade and construction but will be of adequate grade and construction if the improvements shown on the plan entitled Site Construction and Utilities Plan, dated December 15, 1993, prepared by Stamski and McNary for Mark Moore Homes, Inc. , are made; 2. approves the plan entitled Site Construction and Utilities Plan, dated December 15, 1993, prepared by Stamski and McNary for Mark Moore Homes, Inc. , as the definitive street construction plan, with waivers from the Standards for Grade and Construction of Unaccepted Streets Relative to New Dwellings as set forth in its decision; and 3. approves the wording of the draft decision dated February 7 28 Bennington Road. Mr. Bowyer reminded the Board that they had previously amended the List of Unaccepted Streets to say that the unaccepted section of Bennington Road is in better condition than the accepted Town section of Bennington Road between the property and Highland Avenue Mr Nill contends that it must therefore be of adequate grade and construction and that the engineering records will show it. The Engineering Division will be digging up the street soon for sewer work and will make the final determination of subgrade at that time Bennington Road is scheduled to be resurfaced in 1995. Engineering suggests that Mr Nill arrange to have his section resurfaced by the Town's contractor. They also said they would not advise accepting his section of the road as a public way. The Board asked the staff to ask the Town Engineer why he advises not accepting it SUBDIVISION OF LAND 29. Denver Street Subdivision. Report on Recent Hearing Mr. Domnitz attended a recent Conservation Commission hearing of Robert Phelan's notice of intent to alter wetlands in connection with his Denver Street subdivision plan. The Conservation Commission asked Mr Domnitz why the Planning Board did not waive its regulations and approve the dead end street plan as it would impact the wetlands less than a through road. Mr Domnitz informed them of the Planning Board policy not to approve waivers that would create a buildable lot from an otherwise unbuildable lot. He informed them that Mr. Phelan would also need a variance from the Zoning By-Law because there is no frontage. 30 Adeauacv of Grade and Construction of Unaccented Streets Mr. Bowyer reviewed a recent article in the EOCD Land Use Manager about recent court decisions on frontage on unaccepted streets, and discussed their implications. Minutes for the Meeting of February 7, 1994 4 1********************************** REPORTS ********************************** 31 Planning Board, Subcommittees b. HATS: Mr. Canale reported that HATS members will put renewed effort into their role as regional planners now that specific issues relating to Hanscom Field are abating. The meeting was adjourned at 10: 10 p.m. • Richard L Canale, Clerk