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HomeMy WebLinkAbout1981-08-031 C 1 MINUTES OF LEXINGTON PLANNING BOARD August 3, 1981 The meeting of the Lexington Planning Board, held in Room G-15, was called to order at 7:38 p.m. by the Chairman, Mr. Sandy, with members Nichols, Smith, Sorensen and Planning Director Bowyer present. Mrs. Wheaton was absent. 151. APPROVAL OF MINUTES The minutes of the regular meeting of July 13, 1981 were corrected and on a motion by Mrs. Nichols, seconded by Mrs. Smith, were approved unanimously as corrected. On the motion of Mrs. Nichols, seconded by Mr. Sorensen, the minutes of the Executive Session meeting of July 13, 1981 were approved as written by a vote of 3-0. Mrs. Smith abstained because she did not attend that Executive Session. Mrs. Smith suggested that a reading file be set up in the office to permit Members to keep up with correspondence and other information without dupli- cating all of it to distribute to Board members. 152. APPLICATIONS TO BOARD OF APPEALS The Planning Board reviewed a staff analysis, dated July 31, 1981, on applica- tions to be heard by the Board of Appeals on August 13 and August 27, 1981. On a motion of Mrs. Smith, seconded by Mrs. Nichols, it was voted unanimously to make no recommendation on the applications re: 15 Holmes Street, Charles Blumsack: swimming pool 46 Lowell Street, Jonathan Ludlow: variances, maintain garage 235 Bedford Street, Harry Knight: variance, maintain building Mr. Sandy suggested that the Planning Director talk to the Building Commissioner about the height of the fence for the swimming pool at Holmes Street and that Mr. DiMatteo pursue it with the Board of Appeals. 153. OPINION ON CONSTRUCTION OF UNACCEPTED STREETS Davis Road, Lot 1, O.C.S. 1981%3: The Board reviewed a memo from Peter DiMatteo, Building Commissioner, dated July 27, relative to the status of Davis Road in front of Lot 1, as shown on Assessor's Map 15. Mr. DiMatteo inquired as to whether the Planning Board had to rule on adequate grade and construction whereas the proposed new home replaces one that was burned down. Mr. Sandy commented that when the Planning Board was working on the classification of unaccepted streets, it sponsored an amendment to the Zoning By -Laws (now Section 7.4.8) to permit lots on which there was a fire or other catastrophe to maintain their status as legal building lots. The Board determined that it does not need to render an opinion on the adequacy of the grade and construction of Davis Road because under Section 7.4.8, Legal Right -of -Way on an Undefined Street, of the Zoning By -Law, Davis Road is still legal frontage for Lot 1 only. 8/3/81 Page 2 SUBDIVISION OF LAND 154. Trinity Covenant Estates, near Allen Street, Certificate of Action: The Board reviewed a draft of changes to Condition 2, dated July 27, 1981 of the Certi- ficate of Action. These proposed changes resulted from a decision by the Planning Board to not become involved in the financial arrangements on the various alternatives for sewer construction in the Clematis Road area. The Board thinks that financial arrangements/alternatives are best left to the Town Administration and the Board of Selectmen. The proposed change to Condition 2: (1) restates the developer's obligation to construct a sewer to serve the subdivision, (2) requires the developer to fulfill his obligation by a payment to the Town in case the Town builds the sewer first, (3) permits the developer to work out other arrangements with the Town acting through the Board of Selectmen and (4) allows for waivers and changes in the subdivision plan if other alternatives are followed. Mrs. Wheaton had noted that Paragraph C called for a change in the sewer pro- file "subject to the prior written approval of the Town Engineer" and that under the Subdivision Rules and Regulations, the Planning Board could not dele- gate its responsibility in that manner. It was agreed to change that section to read "subject to the prior approval of the Planning Board." Mr. Bowyer noted the need to permit the developer's cost obligation, in the event the Town constructs the sewer, to be reduced by the proceeds of any betterments received by the Town for sewer service. The developer would be ' obligated to pay betterments, as well as other property owners on Clematis Road; it was not fair to have the developer pay the entire amount and be subject to betterments. It was agreed to make changes in Condition,2 to that effect. On the motion of Mrs. Nichols, seconded by Mr. Sorensen, the Board voted 3-0, with Mrs. Smith abstaining, to approve the definitive subdivision plan for the Trinity Covenant Estates, as most recently revised on July 16, 1981 and to approve the Certificate of Action, as amended. The Certificate of Action will be signed at the next regular meeting. Mrs. Smith, an abutter on Clematis Road, disqualified herself and did not participate in discussion or voting on this subdivision plan. 155. Cambridge Farms Subdivision, off Marrett Road: Final Release of Surety: The Board reviewed a request of Joel H. Greenstein, dated July 10, 1981, for release of the final surety in the amount of $15,400 for the Cambridge Farms Subdivision, and a memorandum from Mike Hanlon, Town Engineer, dated July 15, 1981, stating that a final field inspection had been conducted and all rules and regulations of the Town had been met The Town Engineer recommends that the final surety be released. On the motion of Mrs. Smith, seconded by Mr. Sorensen, the Board voted unanimously to release the final surety in the amount of $15,400 for the Cambridge Farms Subdivision. 156. Review of Comprehensive Drainage Study: Copies of the Comprehensive Drainage Study, Phase III, which deals with the North Lexington area, were distributed to members for their review. Members closest to the study area will review the reports first and pass copies on to the other members. The report will be discussed at the next regular meeting. �J 8/3/81 Page 3 157. Planning Director's Report: Mr. Bowyer reported a discussion with Julian Bussgang relative to the rezoning of the Cosgrove Property at Hartwell Avenue and Wood Street. Mr. Bussgang is attempting to ascertain on what basis the Planning Board might support a rezoning. Mr. Bowyer recommended that the Planning Board fine-tune its policy on land development in the Hartwell Avenue area to coordinate with the likelihood that the traffic improvements in North Lexington will be installed in stages. The amount of development permitted, and the limitations on peak hour travel, should be related to the type, and timing, of traffic improvements. Members noted that the Town will be fine- tuning its traffic improvement plan and there needs to be close coordination between the Planning Board's review of its policy and the revised traffic improvement plan. 158. REPORTS BY PLANNING BOARD MEMBERS 158a. Committee on Accessory Apartments: Mr. Sandy reported that Mrs. Wheaton had volunteered to serve on the committee to _study accessory apartments. 158b. Board of Appeals: Mr. Sandy stated that he and Mrs. Wheaton had serious doubts as to whether it was worth the time of the staff and the Board to prepare reports to the Board of Appeals because so many important recommendations seem to be ignored. The Board of Appeals decision on 85 Hartwell Avenue was the most recent example. The Board discussed the general question of effective communication with the Board of Appeals. Mr. Sorensen,.Mrs. Nichols, and Mrs. Smith favored continuing sending reports as the Board has been doing, No action was taken and it was agreed to give the matter further thought. 158c. Hayden Avenue Development: Mr. Sandy reported that he had discussed with Town Manager the construction of a building on top of the Town's sewer easement as part of the DiNapoli development on the lot on Hayden Avenue. The Town Manager thought the Town's interests were protected, but would check further. Mr. Sandy also requested that Mr. Bowyer coordinate with Mr. DiMatteo, the Building Commissioner, as to whether violations of parking layout requirements, for which variances were not granted, were essential to the execution of the building development plan. EXECUTIVE SESSION Upon a motion by Mrs. Smith, seconded by Mrs. Nichols, it was voted 4-0, by a poll of the Board, to go into Executive Session for discussion of litigation against the Town. It was agreed the Board would return to its open session only for the purpose of adjournment. The Board went into Executive Session at 9:28 p.m. Following discussion of the matter involving litigation against the Town, the Board returned to open session at 10:02 p.m. The meeting was adjourned at 10:03 p.m. Karsten Sorensen, Clerk LEXINGTON PLANNING BOARD - EXECUTIVE SESSION MINUTES August 3, 1981 After a unanimous vote, by a poll of the members, the Lexington Planning Board met in Executive Session at 9:28 p.m. with Chairman Sandyandmembers Nichols, Smith, and Sorensen and Planning Director Bowyer present for discussion of a lot on Rock- ville Avenue, which is currently the subject of litigation against the Town. Mrs. Wheaton was absent. The Board reviewed a draft of a letter prepared by Mr. Bowyer to be sent to Stephen Anderson of Palmer and Dodge, who is handling the case for the Town. The letter is intended to set forth a position acceptable to a majority of the Board. The Board agreed to changes in the position as follows: a. In paragraph (3), Suitable Grade, the roadway across the entire frontage should average not more than 10% with the paved area to have a grade not more than 8%. Mr. Bowyer is to check with the Town Engineer to see that the proposed plan does not allow a grade steeper than the existing grade. b. In the paragraph Substitute Improvements: to indicate that the turnaround does not need to be circular, i.e., could be a hammerhead, and that the turnaround must be on land in a legally recorded easement. c. In the final paragraph, to restate the importance of the applicant pro- ducing documentation that this is a way in existence on April 4, 1948. ' It was agreed that this action represents a concept the majority of the Board finds acceptable and that there are still more specifics on design and legal matters that need to be developed before the matter is presented to the Board for a formal opinion. On the motion of Mrs. Smith, seconded by Mrs. Nichols, it was voted 3-1, with Mr. Sorensen in opposition, that the draft letter, as amended, represents a position which a majority of the Board can live with as a resolution of the case involving a lot of land on Rockville Avenue, which is the subject of litigation by John H. Shea against the Town. The Executive Session was adjourned at 10:02 p.m. and the Board reconvened in open session. �Karsten Sorensen, Clerk 1