HomeMy WebLinkAboutPlanning Board Minutes, 1999-09-08 PLANNING BOARD
MEETING OF SEPTEMBER 8, 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 Chairman Davies with members Bridge-Denzak, Colman,Galaitsis,Merrill,
Planning Director Bowyer,and Assistant Planner Garber present.
************ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************
SUBDIVISION OF LAND
128. 113/115 Concord Avenue.Kazazian.Definitive 7 4.5 Subdivision Plan.Decisions: The Board re-
viewed draft decisions,prepared by the staff,on the 113/115 Concord Avenue 7 4.5 subdivision, submitted
by George and Anahid Kazazian. Ms.Bridge-Denzak commented that she believes the size of at least one of
the houses increased from that shown in earlier plans. She expressed her objection to this. Other members
were not as certain of an increase,pointing out that the Kazazian application now contained what were basi-
cally architectural schematics and that the houses now had a distinct footprint shape.The Board held a dis-
cussion on house size. On the motion of Mr. Merrill, seconded by Mr. Colman,the Board voted unani-
mously, 5-0,to approve the Special Permit, dated September 8, 1999 On the motion of Mr Merrill, sec-
onded by Ms. Bridge-Denzak,the Board voted unanimously, 5-0,to approve the Certificate of Action, dated
September 8, 1999
129 Rowland Avenue Definitive Conventional Subdivision Plan.Woodhaven Realty. Public Hearing:
Mr. Davies opened the hearing at 7:50 p.m. The applicants,represented by Richard Perry of Woodhaven
Realty,Gary Larson,landscape architect, and legal counsel Richard DeAngelis,presented their case to those
in attendance. The Board asked for clarification of the edge of pavement and the width and length of the
extended Rowland Avenue.Neighbor Mary Bablitch expressed concern in regard to possible ledge blasting
on the site and potential damage to her antique home.Board members explained well-established protective
procedures, including notification,blast mats,interior photography and other measures.
Attorney Emily Sample,representing several Rowland Avenue residents,testified against the proposed sub-
division and submitted a written memorandum of law The Board Chairman explained that the document
should be submitted to municipal legal counsel at Palmer and Dodge.Attorney Sample stated that, in her
opinion under the state subdivision statute,this case is not one that should fall under the subdivision author-
ity She indicated that her interpretation of the statute is that there is no such thing as a one lot subdivision.
She contended that a 1978 frontage variance for this lot was denied, and that two key court cases—Bloom
vs.Brookline Planning Board and Perry vs. Planning Board of Nantucket defined what a subdivision legally
is and is not.
Board members disagreed with the concept that a frontage variance could be obtained on this property and
asked the audience what the real objection is to a ninth house being constructed on an eight house street.
Resident Michael Cassetari alluded to the allegation that the lot owner had represented in the past that the lot
would remain unbuilt,and that he and others were concerned town-wide that there is simply too much resi-
dential growth. Attorney DeAngelis rebutted opposing counsel's arguments, stating that the application
could be viewed legally in this manner:that it was not so much a one lot subdivision as a street extension,
which then falls clearly under subdivision control,as layout of ways.He also stated that the Nantucket case
was not applicable or analogous and that the 1978 variance request was really on different issues.
It was agreed that the applicant and his design team will reach final resolution with the Engineering Division
and the Planning Department staff.regarding the issue of the location of the dry well or leaching pit shown
on Plan Sheet#6,Drainage and Utility Plan, as lying within the proposed public right-of-way
Minutes for the Meeting of September 8, 1999 2
PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW
e 1
130. Form A/99-2.38-42 Paul Revere Road.Elizabeth Bradshaw. The Board reviewed an Approval Not
Required Plan for land at 38-42 Paul Revere Road. On the motion of Mr Colman, seconded by Mr.Merrill, .
the Board voted unanimously that the plan entitled"Plan of Land in Lexington,MA(Middlesex County),"
dated June 17, 1999,prepared and certified by James C.Vafiades,Registered Land Surveyor, Waltham,
MA, with Form A/99-2, submitted by Elizabeth Bradshaw, applicant,does not require approval under the
Subdivision Control Law
131 Porter Lane.The Windermere Groun.Release of Lots: Mr Garber reported that the Town Engineer
has recommended that surety for the Porter Lane Subdivision be set at$33,359 Accordingly, on the motion
of Mr Colman, seconded by Mr.Merrill,the Board voted unanimously to set surety at$33,359 and to release
lots 2, 3, 4, 5,and 6 of the Porter Lane Subdivision off Adams Street.
132. Grandview Avenue Preliminary Conventional Subdivision Plan,David Burns,Public Information
Meeting: Present for this item were David Burns,the applicant,Edmund Grant, his attorney,Michael
Weinmayr, landscape architect,Weinmayr Associates,Inc.,Alan Katz, and Douglas Miller,engineer,
Commonwealth Engineering. Sixteen abutters to the project were also present.
Mr Burns introduced himself and his design team. Mr. Miller addressed drainage issues. Mr. Bowyer re-
viewed the legal/jurisdictional aspects of the case.Ms.Bridge-Denzak expressed her concern about the scale
of the houses.Mr. Galaitsis also voiced this concern.Mr.Burns replied that he intends to work with the
neighbors. Mr.Merrill asked how the drainage system can be maintained privately Mr Miller explained
typical homeowners associations agreements to maintain facilities. A number of abutters spoke on a variety
of concerns, including the removal of trees, blasting, and the size of the proposed houses,which generally
were thought to be too big.The grandfathered status of the lots was questioned.
133. Old Smith Farm.Definitive Cluster Subdivision Plan,Jim Gaklis,Decisions: The Board reviewed .
draft decisions, prepared by the staff and dated September 8, 1999 After a brief discussion, on the motion of
Mr Merrill, seconded by Mr Colman,the Board voted unanimously, 5-0,to approve the Special Permit, as
amended. On the motion of Mr.Merrill, seconded by Mr. Colman,the Board voted unanimously, 5-0,to
approve the Certificate of Action, as written.
******************************** EXECUTIVE SESSION********************************
On the motion of Mr.Merrill, seconded by Ms. Bridge-Denzak,and by individual poll of the members,the
Board voted unanimously, 5-0,to go into Executive Session to discuss a personnel matter. The Board agreed
to reconvene in open session only for the purpose of adjourning.
The meeting was adjourned at 11.35 p.m. -/,
Anthoi G. alaitsis,Clerk