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HomeMy WebLinkAboutPlanning Board Minutes, 1994-07-14 PLANNING BOARD MINUTES MEETING OF JULY 14, 1994 The meeting of the Lexington Planning Board held in Room G-3, Town Office Building, was called to order at 7'40 p.m. by Chairman Domnitz, with members Canale, Davison, Grant, Merrill, Planning Director Bowyer, and Secretary Tap present. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 138. Hearings scheduled for July 14, 1994, Mrs. Davison: The Board agreed to make no comment on the following applications: 7 Bedford Street. Julie Schaum, renew special permit to use portion of a residence as office 19 Lethelawn Avenue, Kevin and Jane Hughes, variance to replace the front entryway of dwelling 19 Led2elawn Avenue, Kevin and Jane Hughes, special permit to add 2 gable dormers and roof 31 Locust Avenue. Kenneth W McLean, variance to replace nonconforming front steps 29 Sherburne Road, Sundaram and Umayal Ramanthan, variances to add covered front entry and second floor addition On the motion of Mrs. Davison, seconded by Mr. Grant, the Board voted 3-2, Mr Canale and Mr. Domnitz opposed, to make no comment on the application below. 12 Stedman Road. Jon Mills, variance to add a two-story addition 139. Review of Minutes: The Board reviewed and corrected the minutes for the meeting of June 13, 1994. On the motion of Mr. Canale, seconded by Mr Merrill, it was voted unanimously to approve the minutes, as amended. The Board reviewed and corrected the minutes for the meeting of June 20, 1994. On the motion of Mr. Canale, seconded by Mr. Domnitz, it was voted unanimously to approve the minutes, as amended. ************************** PLANNING DIRECTOR'S REPORT *************************** 140. Staff Reports a. Garfield Street Extension. Preliminary Subdivision Plan. Rollout: Mr. Bowyer rolled out a preliminary plan for the Garfield Street Extension development that was submitted by Ronald and Nancy Gold on July 11, 1994. The staff has not reviewed the plan in detail yet. The time for action on this plan expires on August 25, 1994 b. Hunt Road, Preliminary Street Improvement Plan: Mr. Bowyer rolled out a preliminary street construction plan for Hunt Road, off Slocum Road, that was submitted by Richard Curtin on July 14, 1994. The staff has not reviewed the plans yet. The time for action on this plan expires on August 13, 1994. c: Complaint from Paul Morganstern: Mr. Bowyer reported that a Paul Morganstern had telephoned to complain about the article in the Lexington Minuteman about the Planning Department report "Volume 1. Population." Mr Bowyer told Mr. Morganstern that he had not written the article Minutes for the Meeting of July 14, 1994 2 in the Minuteman and that Mr Morganstern should talk with the editor of the Minuteman. Mr. Morganstern wanted the Planning Department to prepare a study rebutting the Minuteman article. Mr. Bowyer declined to do so. The Board agreed that was the correct action. d. Tracer Lane Subdivision: Mr Bowyer reported he received a telephone call from Harold Nahigian about making changes to the construction plan, and to the wording of the decision, that were discussed back in the winter, Mr. Bowyer asked Mr. Nahigian to submit the proposed changes and the staff and the Board would review them then. d. Dolan v. Tizard: Mr. Bowyer distributed a copy of a letter from Palmer and Dodge analyzing the recent United States Supreme Court case, Dolan versus City of Tigard, Oregon. This is a landmark case that has important implications for municipalities and land use regulation. ************* ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************ O PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 141. Form A/94-3. 194 Follen Road and Sunset Ridee: The Board reviewed a plan showing the subdivision of lot 157 On the motion of Mr. Grant, seconded by Mr. Domnitz, the Board voted unanimously to endorse the plan entitled "Plan of Land in Lexington, Mass.", dated June 21, 1994, prepared by Noonan and McDowell, Inc., Billerica, Mass., certified by Malcolm McDowell, Profes- sional with Form A/94-3, submitted Bruce B. and Loretta S. Henry, applicants and Land Surveyor, ry pp yby owners, as it does not require approval under the Subdivision Control Law 142. Form A-94/4. 8 Warren Street: The Board reviewed a plan showing revision of the lot line and lot B. On the motion of Mrs. Davison, econded byMr Grant, the Planning lot A Board voted unanimously to endorse the plan entitled "Plan of Land in Lexington, Mass.", dated June 12, 1994, prepared by Hawk Surveying Co. Whitinsville, Mass., certified by Timothy R. Callahan, Professional Land Surveyor, with Form A/94-4, submitted by Jim Levis, applicant and owner, with the condition that Note 8 be removed, as it does not require approval under the Subdivision Control Law SUBDIVISION OF LAND 143. Currier Court (Nishan's Wavl. Accentance of Covenant. Endorsement of Definitive Plan: On the motion of Mr. Canale, seconded by Mrs. Davison, the Board voted unanimously to: 1) accept the Covenant executed by Gail B. O'Reilly and Charles M. Talanian, Trustees of Woburn Street Trust and Webb Street Trust, dated, July 13, 1994; 2) endorse the definitive subdivision plan entitled "Definitive Subdivision Plan, Nishan's Way, Lexington, MA.", dated May 6, 1994; and, 3) authorize the Planning Director to endorse any sheets the Board did not sign. 144. Dana Court. Reduction of Surety. On the motion of Mrs. Davison, seconded by Mr. Grant, the Board voted unanimously 1) to reduce the amount of surety for the Dana Court subdivision from $120,000 to $40,000. That this amount includes: the total remaining "Cost to Construct," a contingency, an allowance for escalation of construction costs and an allowance to the Town's administrative costs, and is the amount necessary to hold until the completion of the community facilities and the subdivision. That this level of surety is determined to be sufficient through July 14, 1995 only. 2) if the subdivision is not completed by July 14, 1995, or if little or none of the work that remained, at the time this surety was posted, is completed by that time, and the costs, of the 3 Minutes for the meeting of July 14, 1994 work to be completed, have increased, the amount of surety will be increased to reflect the costs of completing the work and the developer will be required to furnish additional surety to the Planning Board. 145. Orchard Crossing. Release of Lots 3 and 4: On the motion of Mr. Grant, seconded by Mr. Canale, the Board voted unanimously that whereas sufficient surety has been provided to secure performance of the construction of ways and installation of municipal services required to serve these lots, the Planning Board approves the release of lots 3 and 4 of the Orchard Crossing Subdivision from the provisions of the Covenant dated August 28, 1988. 146. 160-170 Wood Street, Decision on Sketch Plan: The Board reviewed and revised a draft decision, dated July 14, 1994, prepared by the staff. On the motion of Mrs. Davison, seconded by Mr. Canale, the Planning Board voted unanimously to approve the draft decision on the 160-170 Wood Street sketch plan, dated July 14, 1994, as amended. 147 Summer Street, Mid-term Review Scheduled: The Board briefly looked at definitive subdivi- sion plans for a two lot development at 10 Summer Street filed by Barbara Zack on June 17, 1994. Mr. Bowyer reported there are issues that should be discussed prior to the public hearing. A midterm review was scheduled for July 28, 1994. 148. Locke Village, Emereencv Road Curb Cut: Mr. Bowyer informed the Board that, apparently, in providing for the emergency access road out of the Locke Village development, the developers have made a curb cut across the Town boundary on Muller Road in Burlington. If there are complaints from Burlington, further action will rest with the Building Commissioner because a special permit with site plan review (SPS) has been granted by the Board of Appeals. Mr. Bowyer did not believe there were procedural flaws. Legal notice about the development was sent to the Town of Burlington, for the rezoning and for the SPS hearing. The owner of the property on which the curb cut sits, who is a member of the Burlington Planning Board, attended the public hearing on the project last year *************************** REGIONAL, INTERTOWN ISSUES ************************** 149 Met. State Hosnital Reuse: Mr. Canale reported on responses to the Planning Board's letter stating their recommendations on housing development on the site. He said that Mika Brewer, DCPO, was concerned that the words "in perpetuity" would discourage developer interest in the site. He reported that some members of the Lexington Task Force were concerned that Waltham and the Metropolitan District Commission would react negatively to the Board's recommendation that a housing developer's share of the cost be limited to 50 to 75 percent. Chairman Domnitz will write a letter to the Selectmen asking that their letter be included in the final reuse plan. Mr. Canale and Mrs Davison will attend the July 25 Selectmen's meeting when Met State will be on the agenda. 150. HATS: Renort on meeting in Concord: Mr. Domnitz reported that he had urged the HATS group to change the Memorandum of Understanding to give the planning boards of HATS area towns voting power in HATS decisions. ************************* ARTICLES FOR 1995 TOWN MEETING ************************ 151. Zoning Amendments: Mr Domnitz said that the Planning Board should get an early start on preparing zoning amendments they will propose to Town Meeting by outlining steps to be taken and establishing a time line. He had spoken with Town Manager Rick White about the Board's need for Minutes for the Meeting of July 14, 1994 4 staff participation and support. Early involvement of the selectmen is important to gauge their support of zoning articles. Mr. Domnitz suggested meeting with the Selectmen in September Possible articles for the 1995 Town Meeting are the jumbo house setback amendment and a change in the threshold of the smallest number of houses allowed in a cluster subdivision from three to two. *************** COORDINATION WITH OTHER BOARDS, COMMII'FES **************** 152. Redesien of Route 2A. Mr. Canale asked if the Planning Board agreed with a letter from concerned citizens to the Board of Selectmen suggesting design improvements to the Route 2A widening project. He was authorized to make an oral statement on the Board's position at the Selectmen's meeting on July 25 when Route 2A is on the agenda. Mr Grant does not support the letter. Some members of the Board and the staff asked for a copy of the letter to review The meeting was adjourned at 10:40 p.m. K----e.tikANOICINS.A4kre Richard L. Canale, Clerk