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Home My WebLink AboutPlanning Board Minutes, 1999-01-06 PLANNING BOARD MINUTES MEETING OF JANUARY 6, 1999 The meeting of the Lexington Planning Board held in the Selectmen's Room Town Office Building,was called to order at 7:31 p.m. by Vice Chairman Davies, with members Colman, Galaitsis, Bridge-Denzak, Planning Director Bowyer, and Assistant Planner Garber present. Mr Merrill was absent. ************************ ARTICLES FOR 1999 TOWN MEETING ************************ 1. Review of Pronosed Amendments to the Zoning Bv-Law The Board engaged in a general overview of all proposed amendments,both its own and citizen sponsored articles and assigned members the responsibility for guiding the amendments through the town meeting process. The Board also reviewed drafts of legal notices and set hearing dates for February 10,24 and, if needed, March 3 The Board agreed the following members would be responsible to present the proposed amendments for the Planning Board sponsored articles and to present the Planning Board's report for the citizen articles. Article numbers are tentative pending publication of the Warrant -�"iaX" it, a74L,,1041e1 M:1i3 ., i ., ,(.� Y�1,:idLi.r.LLlv ' Paw l`rig` '"TRO- 11:: A(31) Historic Structures Davies B (32) Adjustments, Section 9,Residential Developments Merrill C(33) Technical Corrections Davies D(34) Procedures, Section 8, Special Zoning Districts Merrill 35 Automatic Teller Machines,(10 or More Citizens) 36 CN And RO To CD,903 Waltham Street(Property Owner) Bridge-Denzak 37(36A?) 16 Hayden Ave. Amendment To CD District#8 , (Property Owner) Galaitsis 38 Wireless Communications,Multi-Family Dwellings(10 or More Citizens) Colman 39 Wireless Communications, Setbacks In Residential Districts (10 or More Colman Citizens) 40 Wireless Communications, Setbacks From Institutional Buildings(10 or More Colman Citizens) Dawn McKenna,chairman of the Executive Committee of the Town Meeting Members Association was present to express her views on the Planning Board hearing schedule. She believes that hearings on zoning articles should be held in March,after the Town election,so new Town Meeting members will be more likely to attend. She said that prior to the election they are busy campaigning. Mr.Bowyer pointed out that the State Zoning Act requires that public hearings be held within 65 days of the filing of the petition. That effectively requires that the Board complete the hearings by the first week in March. Mr Colman said another consideration is that the Board needs time to evaluate the hearings, decide on a recommendation,review a draft report and print and distribute reports to Town Meeting Members. The Board did agree that it could attend a TMMA information meeting to present a summary of its recommendations to the Town Meeting Members.That would not be a substitute for the required public hearings. I 2. Review of Planning Board's Pronosed Amendments The Board also reviewed and revised draft reports for its own articles.Article A,Historic Preservation Incentives, first draft dated December 30, 1998; f For Article A, Historic Preservation Incentives, the Board reviewed and made suggestions about the general 2 Minutes for the Meeting of January 6, 1999 r� explanation and background contained in a first draft of that section dated December 31, 1998.Mr. Garber reported the text of the proposed amendment is still being developed. In Article B,Adjustments Section 9,the first draft dated December 15, 1998,the Board discussed Amendment A dealing with impervious surface ratio and usable open space. The Board deferred action because Mr.Merrill who will be presenting the article was not present.In Amendment B,the staff will develop new wording about the frequency of conducting review of demographic data. In Amendment C, the Board wanted an order of preference for the types of public benefits. The Board approved Amendments D,E and F as presented. Article C,Technical Corrections,second draft dated December 30, 1998, in Amendment A-1 the explanation can simply refer to the State Building Code.In Amendment A-6,more clarification is needed from David Kanter who suggested this amendment. The Board reviewed and approved the draft report on Article D,Procedures, Section 8, Special Zoning Districts dated January 15, 1999, as written. 3 Planning Director's Renort Recent Activity a. Mr.Bowyer reported that Chairman Merrill had reacted to a report of a TMMA Executive Committee meeting in the Lexington Minuteman that the Planning Board is"unfriendly to developers" Mr. Merrill thought that was incorrect and asked him to prepare a letter questioning that perception.Mr. Bowyer distributed a draft letter questioning the comments in the newspaper and pointing out the Board's relations with the development community The Board reviewed and approved a draft letter of response to the TMMA. b. Decision on Porter Lane—language of condition on limit of work line. Mr. Bowyer reported that,with the assistance of Ms.Bridge-Denzak,that the language in condition#12 dealing with woodland management in the conditional limit of work line area was refined further. That language can be a precedent for a situation that is likely to occur again. ************************** REGIONAL,INTERTOWN ISSUES ************************** Middlesex County Hospital 4. Report on the Task Force Meeting of December 29 1998: Mr.Bowyer reported that the Middlesex County Hospital Task force is being reactivated,after a hiatus of several years. Selectman Jeanne Krieger asked the State Division of Capital Asset Management(DCAM)to consider transferring to Town custody the vacant part of the hospital land located in Lexington. Representative Jay Kaufman has filed a bill dealing with county land throughout the state. He believes Lexington ought to have a plan for use of the land. The Committee discussed how to better understand the site so it could answer that question. The site is difficult and the quality of available information about it is not good. Ms. Bridge-Denzak said that, in her experience, getting that information will require hiring consultants and may be expensive. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************** 5 RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS Petitions to be heard on January 21, 1999 Mr Galaitsis gave an oral review of the following applications: 10 Richard Road,Taylor,appeal of a decision of the Zoning Officer that demolition of house exceeds 50% of replacement cost of the former dwelling The Planning Board agreed to support the Zoning Officer's ruling that work done on this residence constitutes more than 50%of the replacement cost of the former dwelling,under section 6.7.3.,and Minutes for the Meeting of January 6, 1999 3 will recommend denial of the appeal. The Board also noted that the property's location on an unaccepted street could require a street improvement plan. 39 Adams Street.variance relief sought to allow an impervious ratio of.176,where 12 is permitted The Planning Board agreed to support this petition and will recommend approval of the variance, believing that inherent limitations of the lot create hardship and the goal of preserving the existing historic house should be paramount. The Board agreed to make no comment on the applications below also scheduled to be heard by the Board of Appeals on January 21, 1999 5 Essex Street.Nash 7 Caplan,variances to add a second story to dwelling 43 Freemont Street.Evans& Spauster,variance to add a full shed dormer to dwelling 313-321 Marrett Road, Marrett Square, special permit to install two signs to identify building 178 Lowell Street. Sunrise Care, special permit to replace sign ************************************ REPORTS ************************************* Planning Board. Subcommittees 6. Hennessy Field Ad Hoe Committee Mr.Colman reported that the Committee voted unanimously that Hennessy Field ought to be under Conservation Commission jurisdiction. Selectmen will prepare a warrant article to that effect.It also agreed that: 1)there is a need for more athletic fields in Lexington and the most appropriate site is at Harrington School;and,2)with improved management,especially addressing drainage issues,the current fields can be better used. The Recreation Committee will only agree to this if funding of improvements to Harrington field is forthcoming. The meeting was adjourned at 10:45 p.m. 6//h-- Steven L. Colman, Clerk