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HomeMy WebLinkAbout1982-05-20303 PLANNING BOARD MINUTES FETING OF MAY 209 1982 The meeting of the Lexington Planning Board, held in Room G-15, Town Offices, was called to order at 7:38 p.m. by the Chairman, Mr. Sandy, with members Nichols,. Smith, Sorensen, and Uhrig, and Planning Director Bowyer present. APPROVAL OF MINUTES On the motion of Mr. Sorensen, seconded by Mrs. Nichols, the minutes of the meeting of May 10, 1982, were approved unanimously as written. LO On motions by Mr. Sorensen, each seconded by Mrs. Smith, the minutes of the meet - N ings of May 12 and May 17, 1982, were approved unanimously as written. Q 74. Applications to Board of Appeals m The Board reviewed a staff analysis dated May 20, 1982, for cases to be heard by Q the Board of Appeals on May 27, 1982. It was agreed to make no recommendation on the following cases 39 Woodcliffe Road, A. Breitling: Variance, front yard 55 Pleasant Street, E. Mayne: Variance, front yard setback 1088 Massachusetts Avenue, W. Tighe: SP, office in a dwelling Grove Street/North Emerson, Oscar Cormier: SP, cluster development: Mr. Sandy turned over the Chair to Vice Chairman Sorensen and disqualified himself from discussion of the Cormier subdivision as he is an abuttor to it. Oscar Cormier, Eric Nitzsche, engineer, and Mr. Plunkett, attorney, were present as were 12-15 residents of the North Emerson area. Mr. Bowyer reported on a meeting with Francis Fields, the new Town Engineer, whose analysis of the small cul-de-sac off North Emerson Road (lots 17-20) was that the responsibilities for drainage of the developer will be met and that the ability to handle runoff in the watershed will be improved somewhat. Mr. Fields suggested the realignment of the drainage pipe into the catch basin on the south side of the street and the possibility of constructing a 36", rather than 24", storm drain. Several residents spoke about drainage problems in the area and recurrent flooding problems. Mr. Bowyer commented it was important to differentiate between a land owner's responsibility to deal with runoff created by development on his land and the Town's responsibility to deal with inadequacies in the drainage system beyond the boundaries of the subdivision. Mr. Bowyer reported that after a review of the conventional zoning "proof plan" with Clifford Prentiss, Conservation/Recreation Administrator, the staff recom- mended that lot 20 on the conventional zoning plan not be considered as a build- able lot because it would be unlikely to be approved as such by the Conservation Commission. The effect would be that the cluster subdivision could only have 19 lots unless lot 20 were approved as a building lot by the Conservation Commission. Mr. Nitzsche, the engineer, stated they would probably seek the approval of the Conservation Commission for lot 20, or might realign the cul-de-sac so that the wet area were avoided and 20 lots could be laid out. I,I Planning Board Minutes 2 May 20, 1982 301 The Board reviewed a draft of a recommendation to the Board of Appeals dated May 20, 1982. Several changes in the draft were made. On the motion of Mr. Sorensen, seconded by Mrs. Nichols., it was voted 4-0, with Mr. Sandy abstaining, to approve the report qLs corrected. 75. ARTICLES FOR 1982 TOWN MEETING Article 61, Hartwell Avenue and Wood Street: Members commented that the diagram on the first page of the report was helpful in clarifying the status of Lot C and Lot 1 and the division of the ownership between Marie Maguire and the Cosgrove family. On the motion of Mrs. Smith, seconded by Mrs. Nichols, the Board voted 4-0 LO to approve the report as written. Mrs. Uhrig abstained from the vote as the firm N for which she work is general counsel for Spaulding and Slye Corporation. Q REPORTS M 76. Planning Director a a. Willow Ridge Subdivision: Mr. Bowyer reported that a proposal for the Willow Ridge Subdivision had been submitted to the Conservation Commission for a hearing under the Wetland Protection Act, but had not been filed with the Planning Board as yet. Members requested that the frontage on the lots and on the hammerhead be checked. b. Fee Schedule for Subdivisions: Mr. Bowyer reported on a discussion with the.Planning Director in Acton about that Town's fee schedule for subdi- visions. An applicant is required to deposit a certain amount of money against which charges are made, on an hourly basis, for ,the time spent by staff in reviewing and inspecting the subdivision plans. That type of fee structure provides an incentive for the applicant to file a well-prepared plan. That should reduce the amount of staff time spent on review. He recommended that Lexington promptly adopt a comparable schedule. 77. Planning Board Members and Subcommittees a. Board of Appeals Hearings, May 13, 1982: Mr. Sorensen reported that the only noteworthy point in the Board of Appeals cases was the "barn" on Doctor Leichtman's property at 537 Lowell Street. The point raised was that the accessory building was a new structure and not a converted barn. The Board of Appeals granted the permit for one year with the same special conditions as previously. b. Noise Rules, Hanscom Field: Mrs. Smith reported that there was a move to change the rules on aircraft noise, the effect of which would be to in- crease noise levels. She stated the public needs to be outspoken if the present rules are to be maintained. There is a possibility of losing gains in noise reduction recently made. Copies of the proposed noise rules will be distributed to members of the Board. 297 PLANNING BOARD MEETING IN EXECUTIVE SESSION May 20, 1982 After unanimous vote, by a poll of the members,.the Lexington Planning Board met in Executive Session in Room G-15, Town Offices, at 9:58 p.m., with Chairman Sandy and members Nichols, Smith, Sorensen and Uhrig, and Planning Director Bowyer present for discussion of the Blossomcrest Subdivision which is currently the subject of litigation against the Town. Mr. Sandy reported on the deposition which he gave on the Board's decision to disapprove the subdivision in December, 1981. As his deposition lasted for more N than three hours and is not completed, there was not time to take a deposition from Mrs. Nichols. Q Mr. Bowyer reported that the staff, along with the Engineering Department and m the Town Manager, had been working with the applicants to correct the deficien- cies in the earlier submission. Several revised plans have been submitted and it now appears that most of the engineering concerns have been satisfied. Mr. Sorensen expressed concern about a new subdivision plan being submitted while there is litigation pending on the previous submission. He is concerned that the impression will be given that the Planning Board will approve a sub- division because of the pressure of litigation. That would probably result in many more suits against the Town. 4 Mrs. Smith also expressed concern about acting under the pressure of litigation against the Town but stressed that the Board should show consistency in handling this subdivision with its action on other subdivisions. The Executive Session was adjourned at 10:33 p.m. and the Board reconvened in open session. Karsten Sorensen, Clerk e Planning Board Minutes 3 May 20, 1982 2919 EXECUTIVE SESSION On a motion by Mrs. Smith, seconded by Mr. Sorensen, it was voted 5-0 by poll of the Board, to go into Executive Session to discuss•a matter involving current liti- gation against the Town. It was agreed the Board would return to its open session only for the purposes of adjournment. At 9:58 p.m. the Board went into Executive Session. Following the Executive Session, the Board returned to open session at 10:33 p.m.` The meeting was adjourned at 10:33 p.m. Ln A"�y2 N Karsten Sorensen, Clerk 0 m