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HomeMy WebLinkAboutPlanning Board Minutes, 1994-12-12 PLANNING BOARD MINUTES MEETING OF DECEMBER 12, 1994 The meeting of the Lexington Planning Board held in the Selectmen's Meeting Room, Town Office Building, was called to order at 7.35 p.m. by Chairman Davison, with members Canale, Domnitz, Grant, Planning Director Bowyer, and Assistant Planner Marino present. Mr. Merrill arrived after Item 238 but had to leave for a business trip after the annual report photograph was taken,just before Item 239 238. Review of Minutes: The Board reviewed and corrected the minutes for the meeting of November 28, 1994 On the motion of Mr. Canale, seconded by Mr. Grant, it was voted 4-0 to approve the minutes, as amended. *************************** PLANNING DIRECTOR'S REPORT ************************** 239 Recent Activity a. Munroe Village Definitive Plan: Mr. Bowyer reported that the Conservation Commission has verified that the wetland line on the Munroe Village definitive plan, filed on September 20, 1994 is accurate. The Planning Board had granted an extension of time to the applicant because of the need to clarify the accuracy of the wetland line. b. Granger Pond Way Definitive Plan: Mr. Bowyer also reported that the applicant resubmitted the Granger Pond Way subdivision plan. The staff has reviewed the plan and found it to be complete and correct. In answer to a question from Mrs. Davison, Mr. Marino said that the applicant paid second filing and review fees as required by the Development Regulations. c. Grandview Avenue Proposal: Mr. Bowyer reported that the Lexington Housing Assistance Board has been authorized by the Selectmen to explore joining Town land with privately owned land on the Grandview Ave. right of way to create buildable lots through a Local Initiative Comprehensive Permit device. The site is on a largely paper right-of-way off School Street on Grandview Avenue and Welch Road. Some of the lots at the site are privately owned and some are Town owned. Marshall Derby, LEXHAB chairman, has invited the neighbors to an informational meeting to address their questions and concerns. d. Demographic Analysis of Mixed Income Rental Housing Developments: The staff is preparing an analysis of mixed income rental housing developments to try to discover why Lexington Ridge Apartments, in particular, produced more school aged children than projected. At first blush it appears that the unexpectedly high numbers of three bedroom apartments and of children in the market rate units are contributing factors. e. MAPC Housing Seminar: In response to Mrs. Davison's question, Mr. Marino briefly described the Metropolitan Area Planning Council sponsored regional housing trends seminar he attended. f. Met State Hospital Site Reuse: Mr. Marino reported that the housing subcommittees from the three communities met recently to discuss Waltham's desire to acquire more of the land and a building for its golf course proposal and that legislation is still being prepared by the State. � I Minutes for the Meeting of December 12, 1994 2 ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* SUBDIVISION OF LAND 240. Dana Court. Reduction of Surety Mrs. Davison read the memo from Mr. Marino saying that the staff received a request from Carter Scott to reduce the amount of surety being held for the Dana Court subdivision. Mr. Marino said that the Engineering Department had reviewed the final as built plans. However, since Mr. Scott requested the final release of surety that afternoon there was no sufficient time to prepare the documents to release all of the surety Mr. Scott, who was present, asked the Board to act that evening due to his personal financial circumstances. Mr. Bowyer cautioned that the final release of surety was the Board's final sign off on the subdivision. The staff is not prepared to recommend a final sign off now until it has checked the matter more thoroughly He said that an escrow account, to be held by the Town until it is certain the trees survived the winter into a second growing season, still needed to be developed. On the motion of Mr. Canale, seconded by Mr. Grant, the voted unanimously, 4-0, to reduce the amount of surety for the Dana Court subdivision from $40,000 to $14,325 That amount is the minimum that surety can be set and represents 15% of the total estimated "Cost to Construct" This level of surety is determined J to be sufficient through December 12, 1995 only PLANS NOT REOUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 241 Form A/94-6, 627 Mass. Avenue and Parcel A Ellen Dana Court: The applicant, Carter Scott, asked the Planning Board if they would consider acting on his Form A application, that was filed on December 1, before their next scheduled meeting on January 9, 1995. The staff said that Subdivision Regulations do not allow the Form A to be endorsed until the final release of surety has been voted. There was a discussion with Mr. Scott, who believes his personal circumstances justify this request. The Board asked him and the staff a number of questions. On the motion of Mr. Domnitz, seconded by Mr. Canale, the Board voted unanimously to 1. waive Section 3.5.6.1a of the Subdivision Regulations that requires the final release of surety for the subdivision be voted before an approval not required plan may be endorsed; and 2. to authorize the Planning Director to endorse Form A/94-6 if it complies with the Subdivision Regulations. SUBDIVISION OF LAND 242. Wright Street Extension, Release of Covenant, Certificate of Completion: The staff reported that work on the Wright Street subdivision is complete. On the motion of Mr. Grant, seconded by Mr. Canale, the Board voted unanimously, 4-0, to: 1. release the developer from the provisions of the covenant dated August 13, 1993, and 2. sign the certificate of completion. RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 243 Applications To Be Heard on December 15, 1994 Mr. Canale gave an oral review of the following applications: 1730 Massachusetts Avenue. Upper Story Books, special permit for a projecting sign 150 East Street. Doran Greenhouses, Inc., renewal of a special permit to operate a commercial greenhouse, nursery and roadside stand 3 Minutes for the meeting of December 12, 1994 The Board agreed to make no recommendation to the Board of Appeals on the applications. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS i 244 12 Kimball Road. Reauest of Rodney and Linea Hopwood to waive Chanter 5. Unaccented Streets. of the Development Reeulations: Mr. Bowyer reported that in response to the Hopwood's request to waive Chapter 5, Unaccepted Streets, of the Development Regulations, and the Board's request to research the question and other options, the staff believes that the Board can not waive the Regulations in their entirety It may waive individual sections, such as construction standards, but not the whole Chapter of the Regulations so that it would not apply to the Hopwood's property He has discussed a draft of the staff's December 8 memo to the Board with Town Counsel, Palmer & Dodge, and the Building Commissioner who agree with it. He distributed a copy of a memo from the Building Commissioner stating that he can not issue a building permit to the Hopwoods unless the Planning Board has determined Kimball Road to be of adequate grade and construction. He also reported that he has been exploring options for the Hopwoods with Town Counsel Norman Cohen of Palmer and Dodge. Palmer and Dodge thinks there may be a possibility that, depending on certain factual information, that the Hopwoods may be exempt from that zoning requirement for frontage in which case Chapter 5, Unaccepted Streets, would not apply Depending on when the lot was created and when their dwelling was constructed, it may qualify for a technical (zoning or subdivision) grandfather exemption that allows them to meet the frontage test without triggering the necessity of the Board determining that the road is of adequate grade and construction. Palmer and Dodge needs deeds and other facts from the Hopwoods to investigate this possibility Mr. Domnitz expressed concern that there may be other sections to the Development Regulations to which this exemption might apply Mr. Domnitz suggested that since the Board is inclined to allow the construction that it simply determine that the street is of adequate grade and construction for the use to which it is put. Mr. Grant thought this was a unique situation that would not open the floodgates to similar requests. He noted that other than the demolition of the existing house, the Hopwoods could achieve the same result by building an addition to the existing house and not have to upgrade the street. Mr. Domnitz noted that many of the neighbors have said they did not want the street improved. Mr. Domnitz thought that first a plan would need to be submitted showing the condition of the street. He asked whether the Building Commissioner has asked the Board for a determination. Mrs. Davison said there would be a cost factor to the Hopwoods to prepare a plan of the existing condition of the street. The Board knows what the condition is. Mr. Grant thought that if the Town Counsel finds there is an exemption, the plan would not be needed and would be an unnecessary expense. Mrs. Division wanted to expedite the approval as the Hopwoods have been waiting since September. After further discussion, on the motion of Mr. Grant, seconded by Mr. Domnitz, by a vote of 3-0-1, Mr. Canale abstaining, the Planning Board determined that 12 Kimball Road as presented in the request of the Hopwoods is of adequate grade and construction for purposes of the Building Commissioner issuing a building permit. ************************ ARTICLES FOR 1995 TOWN MEETING ************************ 245. Revised Setback Calculations: The Board continued their discussion of the proposed article. Mr. Canale inquired what the town could do to regulate the floor area of houses because of limitations in the Massachusetts Zoning Act. Bowyer explained that years ago a minimum floor area to control the interior size of houses was prohibited by the Legislature because it was discriminatory against people who wanted to Minutes for the Meeting of December 12, 1994 4 build modest sized houses. It would be difficult to justify in view of the wording of the zoning statute. He pointed out a floor area ratio could be difficult to administer for single family houses. Mr Domnitz suggested simply increasing the side and rear yard setbacks. He pointed out the Zoning By- Law requires large frontage in relation to the side yard setback. Mr. Canale offered to present the article to the Town Meeting. Mr. Canale said that for the next meeting he would see if he could simplify the proportional setback approach. If not, he would go forward with a simple change in the setback distance, such as 20 feet. The Board agreed to ask the Selectmen to reserve space in the Warrant for the article. Mr. Canale said he would work with the staff on the wording of what to submit to the Selectmen. Mr. Grant said there is a lot of diversity of opinion on the subject and he did not think there was enough of a consensus to approve an amendment. He would not support it. 246. Interpretation of Use Table: On the motion of Mr. Canale, seconded by Mr. Canale, the Board voted 3-1, Mr. Grant abstaining, to go ahead with an article that would add recycling stores to the use table and to ask the Board of Selectmen to reserve space in the Warrant. Mr. Domnitz cautioned that recycling is a broad term and the Board has to be careful with the wording. 247 Satellite Antenna: Mr. Bowyer reported that Frank Smith, Chairman of the Board of Appeals foresaw aP roblem with the new small dish antennas because they would not work under the current zoning He regulations. thought it would generate numerous applications to the Board of Appeals. He has drafted a proposed amendment to deal with the small dish antennas. Mr. Domnitz said that, as now written, the proposed amendment does not say that a dish smaller than three feet in width is permitted and that needs to be clarified. On the motion of Mr. Canale, seconded by Mr. Grant, the Board voted unanimously to ask the Selectmen to reserve space in the Warrant for this article. ****************** PLANNING BOARD ORGANIZATION, SCHEDULE ******************* for Janu The Board set meetings for January9, 23 and 30. The public 248. Meetine Scheduleary g hearing for the Munroe Village definitive subdivision plan will be held on January 9; the public hearing for Granger Pond Way will be held on January 23. Mr. Bowyer stated January 23 is the last day to finalize articles for the Warrant because the wording must be submitted for printing. ************************* PLANNING BOARD REGULATIONS ************************** 249 Fees: Mrs. Davison and Mr. Domnitz observed that recent applicants seem to be having some difficulty adapting to the new Development Regulations, leading to withdrawal and resubmittal of plans. The current requirement is for payment of the filing and review fee again. With the new higher fees, the amount is substantial and seems punitive. Mr. Bowyer said that the fee schedule is meant to keep applicants from submitting incomplete and incorrect plans while statutory clocks are running. Repeated submittal of plans require the time and effort of the professionals in the planning, engineering and building departments to review resubmitted plans. Aside from the cost element, there has to be a procedure to insure that applications are complete. He said it is a time management issue for the Board and the staff After some discussion,the Board agreed that it believes most applicants make good faith efforts and asked the staff to work on restructuring the Fee Table, 2.5.4 7 that reduces the fees for resubmittal. It was agreed a resubmittal after an extension should be one third the cost of the original fee because a review fee only is required and one fourth of the original cost after a withdrawal because a filing fee and a review fee is required. 5 Minutes for the meeting of December 12, 1994 Mr. Domnitz thought the change in fees ought to be retroactive to when the fee structure was last changed. Mr. Bowyer pointed out that it is difficult under municipal fmance. Mr. Canale asked how many applica- tions were affected. Mr. Bowyer said there were at least four applications for which a resubmittal fee was paid since the Regulations were revised. The Board discussed offering a discount on the fee for further submittals. Some of the four plans have already are at the final stage and no further fees will be imposed. The Board agreed the refund would apply to all applicants who have paid the resubmittal fee. The Board agreed to have the staff discuss with the Town Manager their feelings about refunds and to ask him to make checks out to the four applicants affected. *************** COORDINATION 'WITH OTHER BOARDS, COMMITTEES **************** 250. Coordination of Plannine Board Procedures for Review of Development Applications with Conservation Commission: The Board agreed that they would like to be notified by the Conservation Administrator when the Conservation Commission will make site walks in connection with subdivision applications. Mr. Canale was named Planning Board liaison to the Conservation Commission. SUBDIVISION OF LAND 251 Currier Court: The staff reported that John Sarkis, the developer of Currier Court, has requested a partial release of surety The Engineering Department has reviewed the subdivision and recommends that $23,150 be set for the amount of work remaining, and that surety be based on that amount. On the motion of Mr. Canale, seconded by Mr. Grant, the Board voted unanimously, 4-0: 1) to reduce the amount of surety for the Currier Court subdivision to $34,000. 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 thold until the completion of the community facilities and the subdivision. That this level of surety is determined to be sufficient through 12/12/95 only 2) that if the subdivision is not completed by 12/12/95, or if little or none of the work that remained, at the time this surety was posted, is completed by that time, and the current costs, of the amount of 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; ************************************** REPORTS *************************************** 252. 1994 Annual Report: The Board asked the staff to research the number of single family house demolition permits issued in recent years. The meeting was adjourned at 11:00 p.m. /, Frederick L. Merrill, Jr., Clerk (\/