HomeMy WebLinkAboutPlanning Board Minutes, 1994-11-14 i
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PLANNING BOARD MINUTES
MEETING OF NOVEMBER 14, 1994
The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to
order at 7:38 p.m. by Vice Chairman Canale, with members Domnitz, Grant, and Merrill, Planning Director
Bowyer, and Assistant Planner Marino present. Mrs. Davison was absent due to the illness of her husband.
222. Review of Minutes: The Board reviewed and corrected the minutes for the meeting of October 31,
1994 On the motion of Mr. Domnitz, seconded by Mr. Grant, it was voted 3-0-1 to approve the minutes,
as amended. Mr. Merrill abstained from voting as he was not present at that meeting.
************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************
DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS
223 Hunt Road. Definitive Street Construction Plan: Mr. Bowyer reviewed briefly the stages that this
plan has gone through since the last meeting when the sole remaining issue was drainage. The Engineering
Department reviewed the current plan and finds the revisions to the drainage system acceptable. On the
motion of Mr. Grant, seconded by Mr. Domnitz, the Board voted unanimously
1. that Hunt Road, as it provides frontage for lots #7A and 6B 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 Definitive Construction Plan prepared by Ditto and
Associates for Richard Curtin and Vincent Mula, dated September 19, 1994, are made;
2. to approve the plan entitled Definitive Construction Plan prepared by Ditto and Associates for
Richard Curtin and Vincent Mula, dated September 19, 1994, 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;
3 to approve the plan entitled Landscaping Plan, prepared by John G. Crowe Associates, Inc., for
Richard Curtin and Vincent Mula, dated September 27, 1994, ,
4 to approve the wording of the draft decision dated November 14, 1994; and
5 to endorse the plan entitled Definitive Construction Plan prepared by Ditto and Associates, dated
September 19, 1994, and the plan entitled Landscaping Plan prepared by John G. Crowe Associ-
ates, Inc., dated September 27, 1994, both prepared for Richard Curtin and Vincent Mula.
SUBDIVISION OF LAND
224 Schoolhouse Lane, Acceptance of Covenant and Other Documents: The Board reviewed a draft
motion prepared by the staff. On the motion of Mr. Domnitz, seconded by Mr. Grant, the Board voted
unanimously to:
1. accept the covenant executed by Richard F Perry and Peter C. J Kelley, Trustees of Clematis
Realty Trust, dated October 27, 1994,
2. endorse the definitive subdivision plan entitled "Definitive Site Development Plan, Schoolhouse
Lane, Lexington, Massachusetts"dated May 16, 1994, and,
3 sign sheet number three, Property Rights Plan of Land, and authorize Robert A. Bowyer, Planning
Director, or Joseph A. Marino, Assistant Planner, to sign sheet numbers 1, 2, 4, 5, 6, 7, 8, 9, 10,
and 11
225 Granger Pond Way Withdrawal of Application for Defmitive Plan: Mr. Marino informed the
Board that the application for approval of the defmitive subdivision plan filed on October 21, 1994 is
incomplete and incorrect. The application for the zoning approval for a cluster subdivision had not been
Minutes for the Meeting of November 14, 1994 2
filed. The applicant has submitted a request to withdraw the plan. On the motion of Mr. Grant, seconded
by Mr. Merrill, the Board voted unanimously to approve the request from Gary Larson in behalf of the
Windermere Group, Inc. to withdraw their application for approval of the definitive plan for Granger Pond
Way, filed on October 21, 1994.
226. Munroe Village. Definitive Plan. Reauest for Extension of Time: Mr. Marino reported that Sam
Sleiman, civil engineer, has submitted a request for an extension of time for the Planning Board to act on
the application for approval of the definitive subdivision plan for Munroe Village, off Woburn Street. On
the motion of Mr. Domnitz, seconded by Mr. Grant, the Board voted unanimously to approve the request
dated November 4, 1994, from Sam Sleiman, requesting an extension of time for the Planning Board to act
on the Munroe Village Definitive Subdivision Plan. The extension of time is for 90 days from February 2,
1995 or 45 days from the date a revised plan is submitted, whichever occurs first.
227 10 Summer Street. Acceptance of Covenant and Other Documents: The Board reviewed draft
documents prepared by the staff. On the motion of Mr. Grant seconded by Mr. Merrill, the Board voted
unanimously to:
1 accept the covenant executed by Barbara T Zack, of 10 Summer Street, Lexington, MA, dated
November 8, 1994, and
2. endorse the definitive subdivision plan entitled "Definitive Subdivision Plan, 10 Summer Street,
Lexington, Massachusetts"dated May 31, 1994
3 sign sheet number five, Property Rights Plan of Land, and authorize Robert A. Bowyer, Planning
Director, or Joseph A. Marino, Assistant Planner, to sign sheet numbers 1, 2, 3, 4, 6, 7, 8, 9, 10,
11, 12, and 13
228. "Zee Street" Preliminary Plan. Decision: The Board reviewed a draft decision prepared by the
staff. On the motion of Mr. Merrill, seconded by Mr. Domnitz, the Board voted 3-0 to approve the
requested waiver from section 3.6.2.5 1 of the Development Regulations. Mr. Grant abstained as he
represented Steve Sack at the closing on his abutting property On the motion of Mr. Merrill, seconded by
Mr. Domnitz, the Board voted 4-0 to:
1) approve the preliminary subdivision plan, entitled "Zee Street", dated August 18, 1994, and
2) approve the wording of the decision, dated November 14, 1994
229 Garfield Street Extension. Preliminary Plan. Direction to Staff for Decision: The Board reviewed
a draft of a decision on the application for approval of the Garfield Street Extension preliminary subdivision
plan dated November 7, 1994 The Board agreed to delete reference to granting a waiver to treat Garfield
Street as a "Minor Residential Street" and to have the decision read that the Board has determined that it is
a "Minor Residential Street" and to make corresponding changes in the references to the numerical
provisions of the Development Regulations.
The Board agreed to add a sentence in the part of the decision dealing with the waiver from paragraph
3.6.2.5 1, Sidewalk. At its October 31 meeting, four members of the Board had agreed to grant that waiver
that will permit the street to be constructed without a sidewalk instead of with a sidewalk on one side of the
street. The sentence will read: "In lieu of a sidewalk, the applicant will be required to construct a path for
public use on an alternate alignment, from the end of the street's pavement to connect to the existing path in
another location" The applicant will need to make a proposal on how that connection can be made.
At its October 31 meeting, the Board was split 2 to 2 on the following requests for waivers. Mr. Merrill,
who was not present at the October 31 meeting, said he was not in favor of granting any of those waivers.
Three members of the Board, Messrs. Canale, Domnitz and Merrill are now recorded as not in favor of
granting the following requested waivers. Mrs. Davison and Mr. Grant were recorded at the October 31
meeting as being in favor of granting those waivers.
3 Minutes for the meeting of November 14, 1994
At its October 31 meeting, the Board was split 2 to 2 on the following requests for waivers. Mr
Merrill, who was not present at the October 31 meeting, said he was not in favor of granting any of
those waivers. Three members of the Board, Messrs. Canale, Domnitz and Merrill are now recorded
as not in favor of granting the following requested waivers. Mrs. Davison and Mr. Grant were
recorded at the October 31 meeting as being in favor of granting those waivers.
1. 3.6.2.5.1, Minimum Pavement Width. To permit the pavement width to be 16' instead of 20'
2. 3.6.2.5.1, Travel Lanes. To permit two 8' travel lanes instead of two 10' travel lanes.
4. 3.6.2.5.4, Turnaround for Dead end Street. To permit an alternative layout that includes a
temporary easement instead.
9. 3.6.4.4.1, Utilities. To permit above ground utilities.
The Board agreed the requested waiver from paragraph 3.6.6.2, Street Trees, is not required because
paragraph 3.6.6.2.2 allows use of existing trees.
The Board agreed that the decision should include reference to other features of the proposal that do
not comply with the Regulations in addition to the waivers already requested. The applicants should
either bring those features into compliance or they may request a waiver which the Board may either
grant or disapprove. These include:
1. The design standards for a "Minor Residential Street"
in subparagraph 3.6.2.5.1 that require a 6' landscaped planting strip on both sides and a shoulder
on one side of the street;
in subparagraph 3.6.2.5.9 regarding shoulders; and
in subparagraph 3.6.2.5.7 that requires the paved section of a street to be constructed with a 2"
binder course and 1-1/2" surface course of bituminous concrete.
2. The alternative plan does not have a drainage plan and does not comply with many of the
requirements of subsection 3.6.5 Storm Water Management.
Mr. Domnitz noted that subparagraph 3.6.5.9, Drainage Easements, requires that drainage rights be
secured by the developer because the proposed drainage system will discharge water onto land outside
the subdivision boundaries. Since that is Town owned land, permission will be needed from the Board
of Selectmen acting for the property owner and from the Conservation Commission under the
Wetland Protection Act.
The Board discussed whether the applicant might want to file another preliminary subdivision plan
because of the number of design issues still unresolved. Mr. Domnitz suggested the applicant could
file an application for approval of a definitive plan and the issues could be resolved at the Planning
Board mid-term review The decision should outline the choices.
The staff will prepare a new draft decision for action at the November 28, 1994 meeting.
************************ ARTICJ.FS FOR 1994 TOWN MEETING ************************
230. Special Permit to Waive Frontage: The Board reviewed the fifth draft of the proposed
amendment, dated November 1, 1994. Mr. Domnitz pointed out that, although the staff memorandum
noted that the lot frontage for the new lot at 10 Summer Street was less than two thirds of the
required frontage, the average frontage of both lots in that subdivision was about 75 percent of that
{ normally required. He favored retaining the requirement that minimum lot frontage could not be
reduced to less than 75 percent of that required.
The Board agreed to conduct its public hearing on a draft permitting the minimum lot frontage to be
reduced to not less than 60 percent of that required. That would be the most permissive the Board
Minutes for the Meeting of November 14, 1994 4
might consider. The Board could then select a higher, more restrictive percentage later in its
presentation to Town Meeting.
The Board agreed to delete the third paragraph proposing a sunset provision for the amendment.
********************************* **** REPORTS **** **********************************
231. Planning Board. Subcommittees
a. Minuteman Commuter Bikeway Committee: Mr. Canale reported that the Bikeway Committee
has reorganized and will now include all Lexington bike paths in its considerations.
The meeting was adjourned at 10:01 p.m.
Frederick L. Merrill, Jr., Clerk