HomeMy WebLinkAbout12-16-04.pdf DRAFT MINUTES of the Lexington Zoning Board of Appeals - December 16, 2004
Present Chair, Judy Uhrig, Arthur Smith,Nyles Barnert, Associate Carolyn Wilson sitting for Maura
Sheehan and David Williams sitting for John MCWeeney Mike Jacobs, Consultant for the Town was
also present.
Petition Address Grandview Avenue
The Chairman re-opened the hearing at 7.45 PM by stating that the reason for this meeting was to go
over what new information has been presented
Attending with David Burns were Doug Miller, Engineer, Gary Johanson, Architect and Ken Kimmell,
Attorney.
Questions from the Board
Mrs Uhrig• Does the Board feel there is anything that we have asked for that has not been presented?
Mr Barnert Not satisfied with some of the post-evaluations report Also there had been some
financials asked for that is missing (Mike Jacobs said he has proforma, site eligibility and construction
costs).
Mr Burns didn't think a traffic study was needed Mrs Uhrig why it was needed by the board for their
decision
Mr Barnert had questions regarding the Street profile There is a point there it looks like there is a five
foot difference from the property line to the street Answer Mr Miller proposing to grade that area
out Not proposing retaining wall Site is about 4 1/2 feet; a 2/1 slope is okay
Mr Barnert The elevations at the top of the wall are 303 and the bottom is 299, there is a 4-foot
difference, what happens to the rear? Answer It shows on drawing C2 that there is a wall going across
the back
During discussion of retaining walls Mr Barnert thought it would have been nice to see the elevations
on the plans, which is what had been asked for Mr Miller referred to drawings Cl and C2 in talking
about retaining walls and the elevations There was a concern with the grade of the abutter's driveways
relative to the right of ways. Mr. Miller stated that the grade would be kept to under 10%without going
into abutter's property
Board had asked what is the state of the Purchase & Sales Agreement for the property Mr Burns
stated that the buyer had extended it after the land court decision When asked if the decision is reversed
would Mr Burns go back to the original development he said they are moving forward with this project
Mr Williams asked for an explanation of the land court's ruling Mr Kimmell explained that the judge
ruled 1) the 3 parcels are grandfathered from zoning. 2) For the sub division plan they had to receive
neighbor's approval, which had not been received
They had started this before the decision and the applicant does have the control of the road Atty
Kendell stated that it was their opinion that they have the right to use and improve the road
Questions from the audience.
Gerry Denk, 30 Eastern Road Can you define what is the "right to develop" law Answered by Mr
Smith Law is not well defined but simply stated law reads that you cannot build a road that will cause
flooding or is not in the best interest of the neighborhood
Discussion on road
Mrs Uhrig How much more traffic? Answered by Engineer, Mr Miller estimating between 70-100
trips per day during peak time of 10.00 am to 11 pm. Mr. Miller said he sat and watched traffic on a
Wednesday to see how many cars went by He said there were 2 cars during that hour He doesn't see
any turning issues or back up issues at the end They are proposing a 90% angle turn at the intersection
of Grandview& Welch The intersection will need to be widened
Mr Williams asked who owns land at the end of the road where the intersection will be made wider and
Mr Kendell said the town did and that it was already a right of way Mr Williams also asked about the
other end of street Mr Miller said it is hard to predict but he doesn't anticipate people will go out
Estabrook since it is a longer way out and the surface of the road is not good. Mrs. Uhrig asked if
Estabrook would be adequate to handle traffic and Mr Kimmell felt that is was certainly adequate
Mr Williams asked about who would be responsible for changing the access of the two houses at the
bottom of Grandview Answer.. The first driveway is on to Grandview and the upper driveways goes
out to Welch, the developer would be in charge of doing what needed to be done
Will there be a problem with the driveway so close to the intersection? Answer•. Driveway will go over
the 40-foot right of way.
Discussion followed on the width of the pavement, which the planning board found adequate Mrs
Uhrig pointed out that they had agreed on 3 lots Is this road adequate for something 4 times bigger?
The Engineer answered that the drainage will be different They took the drainage systems from
original development and increased it by 7 1/2 times for the new infiltration system
Mr. Smith. Is that in any of the drainage narrative data? Answer. In the December 9th report, page 5,
paragraph C Drainage Information There will be 4 infiltration systems constructed below ground
within the right of way
Mrs Uhrig. Would these systems make drainage better for neighbors Answer Without them water
runs across street to Welch Street These infiltration systems will intercept water before it crosses the
road Instead of getting all the water from the area the people on Welch will just get their own property
water
Mr Williams. Why are there sidewalks on both sides with such a small street? Answer. One side is
perfectly adequate
Mrs Williams Can the people with frontage on Welch access onto Grandview Technically
Grandview will be a public street once they ask the town to accept it as a public way
Draining was brought up again and discussion was around the fact that when Grandview was proposed
as a development, Engineering and the Planning Board approved the drainage Attorney Kimmell will
make sure they made the proper adjustments
Discussion followed on where is there space for a playground and open space for outdoor recreation
Architect, Gary Johnson said the criteria conform to zoning for 40Bs As with any residential
development recreation will be in the open space Mrs Uhrig said she would like to see them think
more about amenities for outside recreation.
Mrs Wilson is extremely concerned with two units with no garage space, where will they park? And
what happens with guest parking? Answer Guests will park in the street They conform to the parking
zoning requirements
Mrs Uhrig stated they conform to zoning for single-family homes The Architect Johnson explained
they have 1 garage or off street parking per unit plus an additional space for each 4 units 40B code
requires 1'/4 unit to 1 space. They have 22 spaces for 12 units.
Mr Smith spoke of the fact that Grandview doesn't fit our model because of some basis in law to be
able to separate sites The law is silent on the issue of sites being together or joined by a street Mr
Smith questions is it one parcel or 3 separate lots Answer.. each lot meets square foot requirements as
well as the parking requirements There is nothing in law saying that this cannot be done as 1 parcel
Mr Smith had concern that 5 years down the line will they be begging the town to allow them to sell
them as 3 separate lots
Mr Jacobs Are there affordable units in each building? Answer, yes
Mrs Wilson asked for clarification as to how many units in each building and asked if there were any
units that will be turned over to town? Answer No units turned over to town
Mrs Uhrig Is very concerned with the heavy-duty impact of such large buildings in small areas What
is it doing to the people around theme Asked Mr Burns if this was the best you can do to make this
compatible with the neighbors Mr Burns answered that he is willing to listen to neighbors
Mrs Uhrig said this would have a high impact for the area
Mrs Wilson had concern with the 6-unit building
Mr Barnert felt it wasn't so much the size of building but the amount of units within the building
Mrs Uhrig• There is no give on reducing size of building?
Atty Kimmell explained that they had already reduced the size of the units and they are entertaining
reducing parking spots There is a trade off open space or parking spaces
Mr Williams. Do you need 12 units? Answer. Yes, economics drives it; they need to think of
affordability of units
The board had asked the concept of the look the buildings They want to create a handsome residential
village look. With the size of buildings giving the look of scales. Broken up by colored wood siding.
The character of the front will wrap around to the back with dormers They want elegant buildings that
stay within character of homes in Lexington
They have no planting plans as of yet
Questions from the audience
William Lyons, 20 School Street asked if they had considered the safety of children in the
neighborhood
John Clough, 19 Grandview Can the board ask for additional traffic study? Answer We may
David Hoffman, 24 Eastern Avenue If there is not enough parking what will they do the four months in
the winter when you can't park on the street? There are so many problems with this
Sue Newlands, 49 Grandview. Expressed a concern that fire trucks and ambulances would not get
around that turn
James Lamarca, 9 Welch Road Had major concerns with the drainage issues The onginal plan was
based on 3 homes and that is the same plan that they have presented for this plan With the increase in
number of units will the pipes fit into the town pipes Answer There will be catch basis on each side of
road put under ground and then into infiltration systems They must comply with Phase 2 of Clean
Water Act That is a federal law that if the town accepts the road they must accept proposal for the
required routine maintenance of the drains.
Mr Williams Who enforces this law? Answer If the town violates then the Federal Government and
the EPA has a nght to fine the town
Howard Silva, 19 Welch Road Does the dnveway on Building A go to the end of the property line?
Answer It stops 5 feet from property line
Mrs. Uhng. Any shielding being planned? Answer. We will plant trees and keep it to whatever is
typical of other houses in town
Gary Larson on behalf of the Neighborhood Association expressed the following concerns
1) Does the building fit in neighborhoods The way it is shown the buildings are overwhelming to
the houses
2) Is the open space in set back? In lot A diagonally from one corner to other there is a 16-foot
drop Concern with the elevation one house with no steps down to it, it will be 10 feet above
grade.
3) Drainage issues They are questioning the effect of foundations with the infiltration system
Guidelines are 10 feet for drainage and 20 feet for infiltration systems
4) The existing house at the lower end of the street is 2 feet higher than the proposed road, how
would the dnveway run into the street?
Mrs Uhrig The back and sides are important, what grades are there going to be? Answer There will
be a retaining wall
Mr Barnert What is the retaining wall going to look like? Answer Not sure
These are issues that need to be addressed
Would like to know estimated number of school children
Address question of parking in the winter.
There is not enough room around the building for construction vehicles to move around How will this
affect the trees?
Will the trees in setback be cut down? (Attorney answered if we have to cut down we will replant)
Board would like to see architect's plans drawn with the houses that are there to see scale with buildings
Is the infiltration to close to buildings?
Need landscape plan to determine need of plantings or fence to break up barrier
Are sprinklers needed? (Answer was if they have to be put in they would)
No issues of water pressure in area? (Neighbors said yes.) Are there pressure tests being done?
Are the utilities included in the rest?
Are you wedded to intensity of use to lots (David answered Yes, don't see how we could lower the
number of units)
Do they have an adequate traffic plant Board would like to see traffic impact to current plan
Sue Newlands, 49 Grandview Where would construction start? Answer Probably Welch and
Grandview
Jerome Berg, 38 Eastern Avenue Asked the board to clanfy complete process of hearing Will the
neighbors have an opportunity to talk
Attorney Kimmell asked to close hearing by January 27th stating that at a certain point process has to
come to an end
Board answered that the ultimate goal is to get all information needed which may raise other questions
Jim Lamarca, 9 Welch Road Made comment that new information was received Just before meeting,
how can they push to close when information hasn't been reviewed
After much debate on dates the hearing was continued until February 10th