HomeMy WebLinkAboutPlanning Board Minutes, 1999-02-03 PLANNING BOARD MINUTES
MEETING OF FEBRUARY 3, 1999
The meeting of the Lexington Planning Board held in the Selectmen's Room Town Office Building,was called
to order at 7.35 p.m. by Vice Chairman Davies with members Colman, Galaitsis, Bridge-Denzak,Planning
Director Bowyer, and Assistant Planner Garber present. Mr.Merrill was absent.
*************************************MINUTES ***************************************
18.Review of Minutes: The Board reviewed the minutes for the meeting of December 2 and 16, 1998. On the
motion of Mr. Galaitsis, seconded by Mr. Colman, it was voted unanimously 4-0 to approve the minutes,as
written.
***************ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************
SUBDIVISION OF LAND
19 Old Shrine Street 7 4.5 Subdivision.Ronald Lopez: Set and Accent Surety Release lot:After a brief
discussion, on the motion of Mr Colman, seconded by Mr. Galaitsis,the Board voted unanimously
1) that the amount of surety for the Old Spring Street subdivision be set at$8,855, in accordance with
section 3 7 4 4.5 of the Development Regulations, applicable for a period of one year.
2) that if the subdivision is not completed within one year after posting of surety, 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;
3) to accept surety in the amount of$8855 in the form of Medford Savings Bank passbook number
2201005881, and
4) to release lots: A and B.
20. Johnson Farm Road.Release of Covenant.Release of Surety. Mr. Garber informed the Board that Peter.
1111 Chalpin, Town Engineer,has indicated in a memorandum,dated January 25, 1998,that the"as-built"plans of
the Johnson Farm Road subdivision have been approved,that all required community facilities in the
subdivision have been satisfactorily completed in accordance with the Town's standards, and that the request to
release surety for the Johnson Farm Road subdivision is acceptable. On the motion of Mr. Colman, seconded by
Mr. Galaitsis,the Board voted unanimously to:
1) release all the remaining surety held in passbook#11-092300638 from the Lexington Savings
Bank, in the amount of$21,800,plus interest,which was being held for the completion of the
community facilities at the Johnson Farm Road subdivision, and return it to Steve Hamilton the
President of Cornerstone Concepts,and
2) release the developer, from the provisions of the covenant dated January 28, 1997; and, recommend that
Johnson Farm Road, in the Johnson Farm Road subdivision,be accepted by a future Annual Town Meeting.
***************************** PLANNING DIRECTOR'S REPORT **************************
21 Recent Activity
41 Lincoln Street, Ronald Lopez. Sketch 7 4.5 Subdivision Plan,Rollout:Mr Garber rolled out a sketch plan for
a development off 41 Lincoln Street,that was submitted by Ronald Lopez on January 29, 1999 The staff has not
reviewed the plan in detail yet. The time for action on this plan expires on February 28, 1999
************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ***********
22. 113-115 Concord Avenue,Definitive 7 4.5 Subdivision Plan. Mr. and Mrs.Kazazian.PUBLIC
HEARING: Mr.Davies opened the hearing at 7.45 p.m.Ronald Wood, landscape architect, of Guidelines,Inc.,
Frederick W Russell,P.E., engineer, and George and Anahid Kazazian were present for this item. There were 8
people in the audience. Mr. Wood and Mr Russell showed the Board a definitive plan for a two-lot subdivision
2 Minutes for the Meeting of February 3, 1999
under Section 7 4.5 of the Zoning By-Law
The Board questioned the location of the proposed driveway,the effect on tree removal and vegetation in the
front yard,the size of the proposed footprint and the amount of fill necessary to raise the elevation of the site.
Mr Russell responded that was necessary to permit gravity drainage for the sanitary sewer.Ms. Bridge-Denzak
wanted to set a limit on the house footprints. Several members commented on the scale and potential visual
impact of the house on the houses on either side. The Board was concerned about the number of issues that were
not resolved and they would have to accept on faith the best intentions of the applicant.
Steve Heinrich,Potter Pond Association, said that the members of the Association would prefer to see a
conventional subdivision built.He pointed out that the overall width of the property is narrower than a standard
subdivision and with the size of the proposed house,the site when viewed from Concord Avenue will appear to
be more dense than a conventional subdivision. Other neighbors,Mrs. Schnitzer, and Mr and Mrs.Donahue
asked questions pertaining to house siting.
Mr. Davies closed the hearing at 9:05 p.m.
23. Trinda Estates. off Dunham Street. Sketch Subdivision Plan.Lawrence Trebino: Presentation by
Applicant: Present for this item were Frederick W Russell,P.E., engineer, and Roger DuPont, attorney, of
DuPont and LaBonte.Attorney DuPont said that even though the proposed lots do not have access or frontage
on a street[they are on a paper right-of-way],the lots are not subject to current zoning and subdivision
requirements. He noted Section 6 of Chapter 40A,The Zoning Act,protects recorded lots from increases in
requirements. The applicants proposed a paved turnaround where Dunham Street,a public way,now ends. The
turnaround would provide paved frontage for both lots.
The Board inquired about alternative methods of access so that the street would not be a dead end and the siting
of the houses relative to wetlands.
Mr. Bowyer commented that the case could be made that the exemption that Mr. DuPont claims is not be as
broad as he contends. The Board agreed that the question of constructing on recorded lots that adjoin paper
rights-of-way has implications throughout town and the advice of Town Counsel should be sought.
24 Amendments to the Zoning By-Law
a. 903 Waltham St. Rezoning.James McManus: After Mr. Garber reported that significant parts of the material
required for the application, such as the traffic study,have not been received.The Board agreed to notify the
applicant that if all material required is not submitted by Wednesday May 10,the public hearing would have to
be postponed.
b. Other 1999 Town Meeting Articles The Board Might Comment On: Home Rule Petition: Mansionization
article submitted by Selectmen. Mr.Bowyer reported that the Selectmen have included an article in the Warrant
for the Town to submit a Home Rule Petition to the Legislature that would accomplish the same purposes as the
proposed amendment to the State Zoning Act that the Board had requested Representative Jay Kaufman to file
in December.
*************************** REGIONAL,INTERTOWN ISSUES ***************************
25 Middlesex County Hospital Reuse.Report on Meeting of January 27 1999• Ms. Bridge-Denzak,Mr
Bowyer reported on a meeting of the Middlesex County Hospital Reuse Committee.Rep.Kaufman has
submitted a bill in the Legislature affecting the disposition of land formerly owned by counties,most of which
have or will soon be discontinued,throughout the state.Under the bill the Middlesex Hospital land might be
returned to Lexington and Waltham.
Minutes for the Meeting of February 3, 1999 3
26. Hanscom Area Towns(HATS)-Four Town Master Plan Study Mr Bowyer distributed and explained a
(-- proposal for a Comparative Land Use Analysis he had given to the Four Town Planning Group. The proposal
builds on the Build Out Analysis completed by Planning Department staff.It would permit a statistical
comparison of land use among the four towns.
RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS
27 Applications To Be Heard on February 11. 1999•Ms.Bridge-Denzak gave an oral review of the following
applications:
16 Hayden Avenue,Hayden Medical Center LLC,modification of a PSDUP
The Planning-Board will recommend that the Board of Appeals exercise caution and verify that
the floor area measurements and floor area ratios in the proposed modification to the PSDUP
submitted are accurate.Depending on the calculations,the modification might need a zoning
amendment to increase the permitted floor area ratio—something that only the Town Meeting can
approve.
47 Parker Street,Pearlman,variances for addition to dwelling
The applicants have not demonstrated that they meet the statutory criteria for granting a variance,
i.e.,that they would suffer substantial hardship,financial or otherwise, owing to circumstances
relating to the soil conditions, shape or topography of the land or structures if a variance from the
provisions of the Zoning By-Law is not granted. The Planning Board believes that there are
alternatives to the design submitted and will recommend that the applicant be urged to explore
options that do not require variances.
4 Vinebrook Road,Appeal of Norma Perry of a decision of the Zoning Enforcement Officer
f The Board felt that although there are significant issues involved here,a firm position could not
be taken on this case due to the fact that it hinged upon the discontinuance and abandonment issue
and that the Board had no practical way of investigating the real facts in the matter
The Board agreed to make no comment on the following petitions.
9 King Street, Gschwend&Cavanagh,variances for addition
54 Gleason Road,Eisenberg,variance to replace and extend deck
17 Spencer Street,Yee, special permit to add dormers
The meeting was adjourned at 11:05 p.m.
//al
Steven L. Colman,Clerk