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HomeMy WebLinkAbout1980-09-29PLANNING BOARD MEETING IN EXECUTIVE SESSION September 29, 1980 Upon unanimous vote, the Lexington Planning Board met in executive session at 10 p.m. for a discussion of a Board of Appeals decision overturning a ruling of the Building Commissioner in a case at 258 Marrett Road. The Board reviewed the decision of the Board of Appeals and a draft of a proposed letter to the Board of Selectmen requesting that counsel be made available to bring an appeal to the Courts. The Building Commissioner may also want to bring an appeal and the Board discussed whether it should proceed with, or without,the Building Commissioner. The Board also reviewed Section 17 of Chapter 40A relative to procedures for bringing an appeal to the courts. After the discussion, the Planning Board took the following four votes: On a motion by Mr. Friedman, seconded by Mrs. Nichols, the Planning Board voted unanimously: That the Planning Board, with the Building Commissioner as a co -plaintiff, proceed with the appeal to the courts of the Board of Appeals action in the Butts case. On a motion by Mr. Sandy, seconded by Mr. Friedman, the Planning Board voted unanimously: That the Planning Board, without the Building Commissioner as a co -plaintiff, proceed with the appeal of the Board of Appeals action in the Butts, case. On a motion by Mr. Sandy, seconded by Mr. Friedman, the Planning Board voted unanimously: That the Chairman and the Planning Director meet with Town Counsel to discuss the procedures for an appeal and file whatever papers are necessary with the court and with the Town Clerk for pursuing this appeal. On a motion by Mr. Friedman, seconded by Mrs. Nichols, the Planning Board voted unanimously: To forward the _letter -to the Board of Selectmen after members have submitted their comments and it has been edited by the Chairman and Planning Director. The Planning Board then voted to meet at 5:00 p.m. on Thursday, October 2nd; to continue discussion of this appeal. Town Counsel and the Building Commissioner are to be asked to attend. The executive session was adjourned at 11:20 p.m. and the Board reconvened in open session. aM11a- t�tS Laura F. Nichols, Clerk D PLANNING BOARD MEETING September 29, 1980 ' The meeting of the Lexington Planning Board was called to order at 7:37 p.m. by the Chairman Mrs. Wheaton with members Friedman, Nichols, Sandy and Sorensen, and Planning Director Bowyer present. APPROVAL OF MINUTES Upon a motion by Mr. Sandy, seconded by Mr. Friedman, the minutes of the Planning Board meeting of September 22, 1980, were approved as written, by a vote of 4 - 0; Mrs. Nichols abstained. DETERMINATION OF PLANNING BOARD APPROVAL 2325 Massachusetts Avenue, Form A80-20, Community Nursery School: The Board re- viewed a plan showing the creation of a Lot 2 having 172.64 feet of frontage and 15,528 square feet of Lot area. Upon a motion made by Mr. Sandy, seconded by Mr. Friedman, it was voted unanimously: The plan entitled "Subdivision Plan of Land in Lexington, Mass.", dated July 10, 1980, prepared by Miller and Nylander Co., submitted on September 24, 1980, with Application Form A80-20, by Allen Armstrong, acting for Community Nursery School, Inc., showing Lots 1 and 2 at 2325 Massachusetts Avenue, does not require approval under the Subdivision Control Law. The Board reviewed a letter proposed to be sent to the Community Nursery School Inc., informing them that in the Board's opinion a violation of the conditions ' of a Special Permit issued by the Board of Appeals in January, 1947, may be created if the newly created lot is sold. Upon a motion by Mr. Friedman, seconded by Mr. Sandy, the Board voted unanimously to send the letter and to send a copy to Board of Appeals. Mr. Sandy requested that the status of a Certificate of Zoning Compliance be placed on the agenda for the next discussion meeting. APPOINTMENT WITH TOWN ENGINEER Standards for Construction of Subdivision Streets: The Board met with Michael Hanlon, Town Engineer, to discuss standards for road grade and levelling strips in order to determine the maximum grade that should be permitted in the subdi- vision regulations. Mr. Hanlon observed that the appropriate standard might vary with the type of road. A street carrying traffic at higher speed should have a lower grade and a short, dead end street could have a somewhat higher grade be- cause vehicle speeds would be lower. He noted that a grade of the levelling strip may not be that important in preventing a heavy vehicle from skidding under slippery conditions. One method of reducing icing conditions is to require a higher crown on a road. Mr. Sorensen stated that the Planning Board needs to have a maximum limit, beyond which waivers will not be granted, for road grade and levelling strip. These limits should be backed up by recognized standards, such as those of AASHO (American Association of State Highway Officials). It was agreed that the Town Engineer would furnish the Board with maximum standards, with reference to recognized authorities. Page 2 9.29.80 Millbrook Valley Relief Interceptor Sewer: Mr. Friedman reported on a meeting he had attended about the Environmental Notification Form for the proposed con- struction, by the MDC, of an interceptor sewer which would generally follow the right of way of the Boston and Maine railroad tracks. He commented on the lack of engineering information available. Mr. Hanlon commented that the way the State construction process works, this is considered a planning stage and detailed design information is not available at this time. Mr. Hanlon had a copy of Volume 2, Draft Facilities Plan, which contained all the information that he knew about the project. It was agreed that Mr. Friedman would review Volume 2, and a Volume 1, which the Town had also received, and make such comments to the Executive Office of Environmental Affairs, as seemed appropriate. SUBDIVISION OF LAND Kitson Park Estates, off Concord Avenue: With Mr. Hanlon present, the Board reviewed the definitive subdivision plan for Kitson Park Estates, with particular attention to the grade of the street and the levelling strip. The Board also reviewed a plan entitled "Intersection to Proposed Subdivision", dated September 26, 1980, by Miller and Nylander, at a scale 1" = 10', which showed much greater detail of the location and profile of the sidewalk, retaining walls, curbs and gutters, and the transition from the proposed subdivision street to Concord Avenue. Mr. Hanlon indicated he was generally satisfied with that plan but wanted specific elevations shown to insure that it is workable. The Board then reviewed the various waivers requested and voted on them individually. On the waiver of the maximum grade, from 8% to 10%, and of the levelling strip, from 1% to 4%, 4 members agreed to waive the requirements; Mr. Sorensen was not in favor of granting the waiver of either requirement. Various members gave their reasons why a waiver would be acceptable; these reasons will be included in the Special Permit. All members were in favor of granting waivers on the length of the cul-de-sac, the location and width of the grass strip, and a reduction in the width of pavement from 30 feet to 24 feet. The staff was requested to prepare the Certificate of Action for approval of the subdivision. The Board also discussed conditions which should be included in the Special Permit for the subdivision. It was agreed that the following will be included: a signed easement for the sight distance must be executed before any construction can begin; driveways shall have a maximum grade of 12%; there shall be an appropriate transi- tion, subject to the approval of the Town Engineer, between the driveways and the roadway; vertical granite curbing shall be provided on both sides of the road and around the turnaround; there shall be positive drainage away from the houses which must be shown prior to the issuance of a building permit; slopes on the sides of driveways, more than 2:1 shall have retaining walls; erosion control measures, sub- ject to the approval of the Town Engineer, shall be used; and the Special Permit will lapse if .construction is not started within two years. APPLICATION TO BOARD OF APPEALS 388 Concord Avenue, George Forten, Special Permit: Upon a motion by Mrs. Nichols, seconded by Mr. Friedman, it was voted unanimously to transmit the report prepared by the staff as written. The report opposes the granting of a Special Permit for parking of vehicles in a residential zone. Page 3 9.29.80 At 9:58 p.m., upon a motion by Mr. Friedman, seconded by Mrs. Nichols, it was voted unanimously, by poll of the Board, to go into executive session for dis- cussion of litigation, the disclosure of which could adversely affect the inter- ests of the Town. It was also voted that the Board would return to its open session only for the purposes of adjournment. Following discussion of matters which could be the subject of litigation against the Town, the Board returned to open session at 11:20 p.m. The meeting was adjourned at 11:21 p.m. 1 13.�Uu V - azk-5 Laura F. Nichols, Clerk 1 REPORTS BY MEMBERS Board of Appeals hearings of September 25, 1980: Mrs. Nichols reported that the attorney for the Knights of Columbus had objected to a condition suggested by the Planning Board in its report of September 17, 1980, that would limit activities in the club house during regular business hours. She reported the Board of Appeals agreed to grant the variance but without the condition recommended by the Planning Board. At 9:58 p.m., upon a motion by Mr. Friedman, seconded by Mrs. Nichols, it was voted unanimously, by poll of the Board, to go into executive session for dis- cussion of litigation, the disclosure of which could adversely affect the inter- ests of the Town. It was also voted that the Board would return to its open session only for the purposes of adjournment. Following discussion of matters which could be the subject of litigation against the Town, the Board returned to open session at 11:20 p.m. The meeting was adjourned at 11:21 p.m. 1 13.�Uu V - azk-5 Laura F. Nichols, Clerk 1