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HomeMy WebLinkAbout1981-07-13MINUTES OF PLANNING BOARD MEETING July 13, 1981 The meeting of the Lexington Planning Board, held in Room G-15, Town Offices, was called to order at 7:35 p.m. by the Chairman, Mr. Sandy, with members Nichols, Smith, Sorensen, Planning Director Bowyer and Assistant Planner Asen present. Mrs. Wheaton was absent. 143. APPROVAL OF MINUTES On the motion of Mrs. Smith, seconded by Mrs. Nichols, the minutes of the regular meeting of July 6, 1981, were approved as written by a vote of 4-0. On the motion of Mrs. Nichols, seconded by Mrs. Smith, the minutes of the Executive Session meeting of July 6, 1981, were approved as written by a vote of 4-0.. 144. SUBDIVISION OF LAND Trinity Covenant Estates, near Allen Street, Extension of Time: Upon a motion by Mr. Sorensen, seconded by Mrs. Nichols, it was voted 3-0 by a poll of the Board, to go into Executive Session for discussion of matters affecting the financial interest of the Town. Mrs. Smith abstained from voting and from participating in the Executive Session. The Board went into Executive Session at 7:41 p.m. Following discussion of the matter affecting the financial interests of the Town, the Board returned to open session at 8:10 p.m. The Board was in receipt of a letter from Dennis Lowe, Trustee, requesting an ex- tension of time on which the Planning Board may act on the definitive subdivision plan until August 26, 1981. On a motion by Mrs. Nichols, seconded by Mr. Sorensen, it was voted 3-0 to grant the extension of the request. Mrs. Smith abstained from voting. 145. INGLESIDE, near Maple Street: Execution of Covenant: The Board reviewed a covenant, which had been reviewed by Town Counsel, and on a motion by Mrs. Nichols, seconded by Mr. Sorensen, the Board voted 4-0 to execute the Covenant and to authorize the Planning Director to sign the Covenant and the definitive subdivision plans in behalf of the Board. 146 APPLICATIONS TO THE BOARD OF APPEALS The Planning Board reviewed a staff analysis, dated July 9, 1981, on applications to be heard by the Board of Appeals on July 23, 1981. It was voted 4-0 to make no recommendations on the applications re: 24 Adams Street, G. Roger and Dorothy Martin, Special Permit 29 Barberry Road, Judith J. Jordon, Special Permit 5 Rolling Lane, Bruce and Anita Brincklow, Variance, side yard 1265 Massachusetts Avenue, N. A. Ruocco: The Board reviewed the application that requests a special permit to construct a greenhouse for Seasons Four Nursery. The plan showed the greenhouse abutting property of Benjamin by Mrs. Nichols, it was voted the greenhouse as a use, only property indicate he is aware what appears on the assessors property. Page 2 7/13/81 situated on a 40 -foot right-of-way that runs into the Franklin Homes. On a motion by Mrs. Smith, seconded 4-0 (1) tD make no recommendation on construction of as location, and (2) that the owner of the abutting that the proposed location of the greenhouse is on property maps as a right-of-way leading into his 85 Hartwell Avenue, Boston Properties: Variances, Special Permit: The Board re- viewed a draft recommendation on both the Special Permit and Variances for 88 Hart- well Avenue. A correction was made on the report for variances. On a motion by Mrs. Smith, seconded by Mrs. Nichols, it was voted 4-0 to approve the report on variances as amended and the report on a pseical permit under the flood insurance district, as written. The Planning Board reviewed a staff analysis, dated July 10, 1981, on applications to be heard by the Board of Appeals in the month of August, 1981. It was voted 4-0 to make no recommendation on the applications re: 37 Cedar Street, Jack and Margaret Hardy: Variance 78 Wood Street, Lawrence and Elaine Clark: Special Permit 6 Melrose Avenue, Eugene Bewig: Variance 20 Waltham Street, Edward V. Jigarjian: Special Permit: The Board reviewed the application for a restaurant and take-out food service for Melting Pot Interna- tional. On a motion by Mrs. Smith, seconded by Mrs. Nichols it was voted 3-0-1, with Mr. Sorensen abstaining, to recommend that the Board is not opposed to the proposed restaurant but the hours of operation should be consistent with other restaurants in the Center and that an attempt should be made by the applicant to find private parking for the new employees. 4 Hartwell Avenue, Data Instruments: Temporary Special Permit: On a motion by Mr. Sorensen, seconded by Mrs. Nichols, it was voted 4-0 to recommend that the Board has no objection for the temporary use of trailers to house personnel during renovations as long as the special permit is not revewable after one year and the trailers do not increase the number of employees on the site. 453 Concord Avenue, Ida Krebs, Special Permit: On a motion by Mrs. Smith, seconded by Mr. Sorensen, it was voted 4-0 to recommend that only a sign stating "Student Entrance" or "Student Entrance Only" be permitted. There is no need for an additional identification of the name of the school for the students. The sign should thus be smaller in scale. 147. APPOINTMENT: THOMAS FORTMANN: MINUTE MAN BIKE PATH The Board met with Thomas Fortmann of the Minute Man Bikeway Working Committee to discuss the Minute Man Commuter Bikeway Study, prepared by the Metropolitan Area Planning Council. , The proposed bi#eway would be built within the B&M Lexington Branch railroad right-of-way and would extend from the proposed MBTA station/garage complex at Alewife Brook near the Cambridge/Arlington boundary to a point just west of South Street in the town of Bedford. The 11 miles of bikeway is proposed to have a 12 - foot width with 100% funding from the Massachusetts D.P.W. On a motion by Mrs. Nichols, seconded by Mrs. Smith, the Board voted 4-0 to support the concept of the proposed commuter bikeway and to authorize the Planning Director to draft a letter stating the Board's support on the concept of the project. Page 3 7/13/81 147. POLICY ON CONSTRUCTION STANDARDS FOR UNACCEPTED STREETS The Board reviewed comments on the policy made at the joint meeting with the Board of Selectmen on July 6, and a memorandum from Walter Tonaszuck, Director DPW, dated July 2, 1981. The Board agreed to a number of technical and editorial changes, notably: (1) to require that the travelled way shall be centered in the right-of- way, (2) to add to the section requiring improvements within 50 feet of an accepted public street wording to include an unaccepted way that meets the Town's standards for new street construction, such as a subdivision street, and (3) to include cross references to the requirements for improvements within 50 feet of an accepted public street. Mr. Bowyer reported that he had received inquiries about several lots on unaccepted streets and the Board could anticipate requests for opinions in the near future. Mr. Sandy suggested that the Board make changes as needed now based on the comments received, act on a few cases and then revise the policy further, as needed. It was agreed to hold a public hearing on the policy in September. On a motion by Mrs. Nichols, seconded by Mrs. Smith, the Board voted 3-1, with Mr. Sorensen in opposition; That the "Policy on Construction Standards for Unaccepted Streets, Relative to Building Lots" be adopted as amended with the understanding that the Policy will be subject to further refinement and amendment as additional suggestions are received from other Town boards, committees and departments and from the public. 149. Follow-up on Items Discussed with Board of Selectmen on July 6 149a. Garrity House Thomas Fortmann, a resident of Harrington Road, was present and urged that the Garrity House be restored for a residential use. He said he had approached a builder, who had looked at the building and thought it was feasible to re- store it for residential use in its present location. Mr. Bowyer reported a local developer had inquired about residential development under Section 9.3 of the Zoning By -Law. There was discussion of the suggestion made by a member of the Board of Selectmen that the Planning Board be responsible for convening a group of persons knowledgeable in the tax incentives for historic preserva- tion to brainstorm the development of the buildings for residential use. The Board agreed to have the Chairman write a letter to the Board of Selectmen stating it was not appropriate for the Planning Board to take on that task and that responsibility should remain with the Garrity House Committee and the Board of Selectmen in order to avoid the appearance of division among Town Boards on the issue of residential or commercial reuse of the buildings. 149b. Hartwell Avenue Traffic Improvements Mrs. Smith expressed a concern that the most recent letter from State DPW in- dicated that funding for the traffic improvement project would be broken into phases and that the priorities listed in the State's letter were not the same as the Town's. She said that if the Town accepted aid for a limited initial phase, the Town might find subsequently that money is not available for other phases to complete the project. Members agreed it was a difficult tactical decision to obtain State commitment to all necessary elements of the project with State Page 4 7/13/81 financing being obtained in phases. On a motion by Mrs. Smith, seconded by Mrs. Nichols, it was voted unanimously that the Planning Board supports the North Lexington Traffic Improvements as proposed by the Town Engineer and approved by the Board of Selectmen and does not support the revised set of priorities as set forth by the State DPW. 149c. A Committee on Accessory Apartments Mr. Bowyer reported the Selectmen had not made a determination as to what Boards would have representatives on the committee to study accessory apart- ments. Mrs. Nichols volunteered to serve as a Planning Board representative. 149d. Hartwell Avenue Zoning -Development Policy It was agreed to revise both policies dealing with the development of land for commercial development in the Bedford Street -Hartwell Avenue area to clarify what construction improvements would qualify for the removal of the proposed limitations on new development. In response to comments made by members of the Board of Appeals, and attributed to the Building Commissioner, that the Planning Board's recommended limitations on the use of parking spaces was "inenforceable," it was agreed to invite the Building Commissioner to a Planning Board meeting to discuss the enforcement of that technique. Subsequently, a meeting with the Board of Appeals can be arranged on the same subject.. ' 150. REPORTS BY PLANNING BOARD MEMBERS 150a. Board of Appeals Hearings of July 8: Mr. Sorensen reported that the Board of Appeals had essentially ignored the Planning Board's request for a deternination of the proper use classification of the salvage car operation at 31 Allen Street and had granted a special permit anyway. 150b. work Program: Mrs. Smith suggested that the Board return to consideration of the work program for 1981 and that a place be found in the work program for development of an up-to-date housing policy. 150c. Changes to Subdivision Rules: Mr. Sorensen mentioned several places in which the Subdivision Rules and Regulations should be updated. It was agreed that all members would prepare a list of suggested changes to the Subdivision Rules and Regulations. The meeting was adjourned at 11:06 p.m. 11a4-41 Karsten Sorensen, Clerk 1 PLANNING BOARD MEETING IN EXECUTIVE SESSION July 13, 1981 After a unanimous vote, by a poll of the members, the Lexington Planning Board met in Executive Session at 7:41 p.m. with Chairman Sandy and members Nichols and Sorensen, Planning Director Bowyer and Assistant Planner Asen present, for discussion of sewer construction in the Clematis Road area, which affects the financial interests of the Town. Mrs. Smith, who was present for the regular meeting and is an abutter on Clematis Road, disqualified herself and did not attend the Executive Session. Mr. Bowyer reviewed the potential duplication of effort in sewer construction between the sewer shown on the definitive subdivision plan for Trinity Covenant Estates and the Town's sewer program in the Allen Street / Pitcairn Place/ Clematis Road area. A meeting was held on June 17 attended by Theodore Freeman, the developer; Dennis Lowe, his attorney; Mike Hanlon, Town Engineer; and Mr. Bowyer. An arrangement was worked out at that meeting whereby there would be no financial advantage to the de- veloper of building either by the alignment shown on the subdivision plan or the align- ment on the Town's proposed construction. Another element of that arrangement was that either party could start construction at any time and the other party could adapt to it. There would be no financial advantage to either party to attempt to wait out the other. The arrangement arrived at in the June 17 meeting is now Condition 2 of the draft Certificate of Action dated July 13, 1981. Mr. Bowyer distributed a further revision of Condition 2 for discussion. Several members commented on the references to cost estimates for various sections of the sewer construction and the trade-offs and incentives that were implied. Mem- bers felt such financial considerations were the province of the Board of Selectmen and the Town administration. It was agreed that the Planning Board should take a ' neutral objective posture on financial considerations and leave the negotiating to the Board of Selectmen and the Town administration. The Board agreed unanimously that the approval of the definitive subdivision plan should simply state that the developer is obligated to build a sewer, either on his own or by payment to the Town, and any consideration of alternative, financial incen- tives, or whatever, should be left to the Board of Selectmen. The Executive Session was adjourned at 8:10 p.m. and the Board reconvened in open session. Karsten Sorensen, Clerk 0