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HomeMy WebLinkAbout1982-11-15393 PLANNING BOARD MINUTES MEETING OF NOVEMBER 15, 1982 The meeting of the Lexington Planning Board, held in Room G-15, Town Offices, was called to order at 7:32 p -m. by the Chairman, Mrs. Smith; with members Nichols, Sandy, Sorensen, Uhrig, and Planning Director Bowyer present. 174. APPROVAL OF MINUTES The minutes of the regular meeting of November 1, 1982 were corrected and on a motion by Mrs. Nichols, seconded by Mrs. Uhrig, were approved unanimously as corrected. On the motion of Mrs. Nichols, seconded by Mrs. Uhrig, the minutes of the Executive LO Session of November .l, 1982 were approved unanimously as written. 0 PUBLIC PARTICIPATION Qco 175. Inclusionary Housing: Manfred Freedman, Town Meeting Member and former chair man of the Planning Board, was present to explain to the Board that he had written to the Board of Selectmen suggesting that a limited dividend corporation be formed to purchase the low and moderate income housing units set aside by the developers at the Morrow Crossing and Potter Pond developments. He had suggested a meeting among the Board of Selectmen, the Housing Authority and the developers,; he has not received a response as yet. Chairman Smith reported that Selectmen Politi and Town Manager Hutchinson are working on a number of alternatives for the provision of the low in- come housing units and that a limited dividend corporation may be another technique. hr. Sandy noted that the -memoranda of understanding for the two developments speci- fied a non -profit -corporation. DEgmLRMINATION OF PLANNING -BOARD APPROVAL 176. 640 Marrett Road, Form A-82/10 The Board reviewed a plan showing the division of a lot at 640 Marrett Road into two lots, each containing 14,544 square feet, less than the 15,500 square feet required in an RS district. The plan has a note that "Parcels l and 2 are not to be considered as building lots under the Town of Lexington Zoning By -Law." With that notation on the plan, on the motion of Mr. Sorensen, seconded by Mrs. Nichols, it was voted unanimously The plan entitled "Plan of Land in Lexington, Mass." dated October 22, 1982, by Miller & Nylander Company of Lexington, Mass., certified by Donald J. Forand, registered land surveyor, accompanying application Form A-82/10 exe- cuted by Richard F. Perry for Woodhaven Realty Company, owner, does not require approval under the Subdivision Control Law. 177. APPLICATIONS TO THE BOARD OF APPEALS The Board reviewed a staff analysis dated November 12 1982, for two cases to be heard by the Board of Appeals on November 18, 1982. On the motion of Mr. Sorensen, seconded by Mrs. Nichols, it was voted unanimously to make no recommendation on the following case: 60 Winter Street, Joseph Sullivan: SP, non -complying dwelling Planning Board Meeting: 11/15/82 N 391 430-440 Bedford Street, Denny's: Variance, parking requirements; SPS, addition to restaurant: Mr. Sandy observed that line 8.6 of the Use Regulations Schedule allows a restaurant, as an accessory use, only when wholly within the same building as the - '' principal permitted use. As Denny's is located in a separate building, he questioned whether it is a principal use and, as such, is not permitted in the CH zone and is - not permitted to expand. To do so may constitute a use variance. James Gross, the architect for the proposedaddition, noted that while there are four separate build- ings, they are in one complex, are under one ownership and pay one tax bill. i After extended discussion of the request for a variance for 28 fewer parking spaces than required, Mr. Cross explained that the alternative was to restripe the existing parking area, reducing the width of spaces from 10 feet to 9 feet with the result j Lo that development would virtually comply with the parking requirement. The represen- taUves of Denny -Is and the property owner present stated they would withdraw their 0 request for a variance from the parking requirement and restripe the lot. Q Both Mr. Sorensen and Mr. Sandy noted that a variance was not proper in the light of statutory requirements and. was unnecessary if Section 9.8.1b, Temporary Reduction by Q Special Permit, were utilized. The Board agreed to make no comment on a minor vari- ance for the masonry trash enclosure. On the motion of Mr. Sorensen, seconded by Mrs. Uhrig, it was voted unanimously to recommend in favor of granting the SPS for the expansion of the restaurant. It was agreed to make no recommendation on the for the variance to reduce the parking on the understanding that Denny's will withdraw that request and pursue other means of providing the required parking. i SUBDIVISION OF LAND r P -178. .Hill Street, Preliminary Sketch: Mr. Bowyer repotted that John Thomas of BSG Engineering had requested a letter from the Board requesting an investigation of an RD development as an alternative to a conventional subdivision. Mrs. Nichols expres- sed her concern that an RD development may not be feasible because the site (3.69 acres) is too small-, to comply with the minimum two -acre requirement for open space and the forty -foot setback requirement. She stated a preference for working on a 4 revision to the cluster zoning by-law rather than committing to support of an RD development if there are many deviations. Mr. Bowyer commented that the Board may have to face a difficult choice in the future of: 1) supporting a development which complies with the better site planning objectives of RD while having numerical viola- tions, 2) approving a definitive subdivision plan for a conventional development which damages the site, or 3) approving a conventional subdivision and requesting the subdivider to delay action until a revised cluster provision could be presented to the 1984 Annual Town Meeting. On the motion of Mr. Sandy, seconded by Mr. Sorensen, it was voted 4-1, with Mrs. Nichols in opposition, to send a letter to Leonard Colwell requesting that he explore the feasibility of using the RD zoning district I procedure as an alternative to the conventional subdivision. f STREET NAMING 179. Wellington Lane Avenue: The Board discussed a memorandum dated November 4, 1982 from Francis X. Fields, Town Engineer, relative to the acceptance of Wellington Lane Avenue and Meadow Brook Avenue. On the motion of Mr. Sandy, seconded by Mrs. Nichols, it was voted unanimously to support a change in the name of Meadow Brook Avenue and Wellington Lane Avenue to Wellington Lane, dropping the reference to Avenue. Planning Board Meeting: 11/15/82 3 389 ARTICLES FOR 1983 TOWN MEETING 180. 87-89 Waltham Street: Attorney Dennis Lowe and Richard Spencer were present for a preliminary presentation of a proposed CD rezoning for the property. Mr. Lowe explained that there were several differences from the rezoning petition submitted -last year: 1) there is now a ten -foot buffer strip on the south and west sides, 2) the building is four feet narrower and five feet shorter, and 3) the parking is reduced to 26 spaces. Mr. Sorensen inquired if Mr. Lowe knew the vacancy rate for office space around Lex- ington center and how much floor space .for office use had been added in the area recently. He said one issue: is whether Lexington center needs more office space. He observed there may be ,a market foradditionaloffice space but need was another - matter. O Mrs. Smith questioned the justification for removing housing, which is needed in the Q community, and replacing it with office space, the need for which was debatable. CC Mr. Lowe responded that the extensive renovation of the structure required may not be economically feasible. He indicated the highest and best use was for office space. Mr. Sorensen commented on the effects of speculation on a higher economic use on property values and the incentive for maintenance of residential properties, with the result, in some -cases, of a virtual planned deterioration of residential property. Chairman Smith commented that the Town is engaged in a process of land use planning -for the area between the CB district boundary and Forest'Street and that it is pre- `, mature to make any zoning changes in advance of that land use planning process. Mr. Lowe inquired whether, as an alternative to a rezoning, the Planning Board would support the granting of a special permit to change a non -conforming use. Both Mr. Sorensen and Mr. Bowyer questioned whether the legitimacy of a pre-existing, non- conforming use could be established. Richard Spencer stated that plumbing supplies had been stored on the site in conjunction with a plumbing business operated else- where on Waltham Street, but that use had terminated about ten years ago. He also said that he thought that use of the structure as a two family house was illegal. Chairman Smith stated that the consensus of the Board was that the Planning Board would not support any change in land use on that property at this time. COMPREHENSIVE PLANNING, POLICIES 181. Cluster Condominium Development: The Board viewed a videotaped film on cluster condominium development prepared by Robert Hydell of Hydell-Eister Associates. The film includes several Lexington sites, and an interview with Planning Director Bowyer, showing Lexington as a good example of cluster condominium development. 182. Zoning Map, Printing Practices: The Board took this item from the table and discussed a memorandum entitled "Zoning Map Work and Cost Estimates," dated November - 15, 1982, prepared by Assistant Planner Arslan. Mrs. Nichols expressed a concern that , the various department coordinate their map making into uniform scales. On the motion of Mr. Sorensen, seconded by Mr. Sandy, it was voted 4-0, with Mrs. Nichols abstain- ing, to favor printing the zoning map in black and white on a sheet approximately 25" x 35" at a scale of either 1" = 1200 feet or l" = 1000', to be determined by the ( staff after further investigation. Planning Board Meeting: 11/15/82 ' 4 387 REPORTS 183. Planning Director a. Ridge Estates ii: There were questions as to the effect on the Ridge Estates II cluster subdivision of a letter, dated October 28, 1982, by Wilbur M. Jaquith, representing George Morey, relative to an alleged breach of contract for the acquisition of a parcel which is part of the subdivi- sion. It was agreed to refer the letter to Town Counsel to determine if the private legal action described in the letter would have any effect on j the status of the subdivision. b. CD Proposal, Burroughs Property, Hayden Avenue: Mr. Bowyer reported that Jo he had received a telephone inquiry about subdividing the Burroughs pro- perty on Hayden Avenue between Spring Street and the Route 2 access ramp. ® The proposal would be for a CD development because the lot has less than the five acres required for development in the CR district. CD c. Offer to Acquire Town Property at Lowell and North Streets: Mr. Bowyer Q described a proposal contained in a letter dated November 8, 1982, from Steven T. Russian, attorney, representing Vaughan K. Bogosian to acquire Town -owned property at Lowell Street and North Street.- Mr. Bowyer reported that the land is now administered by the Conservation Commission which has already responded to Mr. Russian that the property is not for sale. The Board agreed to concur with the Conservation Commission's position. d. Board of Appeal Procedures: Mr. Bowyer reported on a meeting with Woodruff Brodhead and Thomas Taylor relative to the Board of Appeals establishing procedures, for information to be submitted to conform with the recently adopted amendment to the Zoning By -Law on the traffic impacts of develop- ments requiring SPS approval. The Board concurred with the approach out- lined by.Mr. Taylor. 184. Planning Board Members, Subcommittees a. Muzzev School Conversion: Mrs. Smith reported the Muzzey School Conversion Committee, of which she is a member, had received twelve proposals for the conversion of Muzzey School, The Committee had eliminated four proposals, largely because they were not responsive to the guidelines for affordable- housing. ffordablehousing. Interviews with the eight remaining applicants are scheduled for November 23 and November 30, Mr. Sandy commented that he had raised the issue of the status of the sen- ior center with the Conversion Committee. He recommended that Town Meeting should be given a plan that has the option of a senior center. Otherwise, there is a risk the proposal would be defeated. There is a dilemna, there may be at least one-third of the Town Meeting members who would not vote for the Muzzey conversion unless it includes a senior center and another group of more than one-third who would not vote for if it did include a - senior center. Meeting The meeting was adjourned at 11:07 p.m. Judith J. Uhrig, Clerk 385' PLANNING BOARD MINUTES FETING OF NOVEMBER 22, 1982 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, Mrs. Smith, with members Nichols, Sandy, Uhrig, and Planning Director Bowyer present. Mr. Sorensen was absent. 185. APPROVAL OF MINUTES The minutes of the meeting of November 15, 1982, were corrected and on a motion by Mr. Sandy, seconded by Mrs. Uhrig, were approved by a vote of 3-0. Mrs. Nichols abstained. DETERMINATION OF PLANNING BOARD APPROVAL "(D ' C( 186. 1662-1664 Massachusetts Avenue, Form A-82/11 m The Board reviewed a plan showing the assembly of two former lots into Lot 29, Q' which comprises aright -of -way approximately 50 feet wide from Vinebrook Road to Massachusetts Avenue Attorney Steven Flashenberg explained that his client, Lex- ington.Square Trust, was combining the lots to provide a new description that would meet the requirements of the land court. It is largely a technical matter because the survey done in the_1940's does not close mathematically. Mr. Flashenberg ack- nowledged that the part of the lot in the RS zone and facing Vinebrook Road could not be used for commercial purposes, for parking, or even for access to the commer- cially -zoned land fronting on Massachusetts Avenue. John Duffy, of Spaulding & ' -Company, Inc., explained that the lot in the residential district has ,7100 square 4 feet, about 93 feet of frontage and was last recorded in 1940. It did not appear to qualify as a building lot for zoning purposes. On the motion of Mr. Sandy, seconded by Mrs. Uhrig, it was voted 4-0: 1. The plan entitled "Subdivision Plan of Land, Lexington, Mass.," dated November 17, 1982, by Otte and Dwyer, Inc., of Saugus, Mass., certified by Theodore L. Dwyer, registered land surveyor, with application Form A-82/11, by Richard W. Spaulding, Trustee, Lexington Square Trust, does not require approval under the Subdivision Control Law; and 2. That two notations be placed on the plan, to wit: 1) that no determina- tion is made or intended as to compliance with frontage and area require- ments of the current Zoning By -Law applicable to that portion of Lot 29 lying southerly of the zoning line separating the central business GB and the residential RS districts; and 2) under the current Zoning By -Law, that portion of Lot 29 lying southerly of the aforesaid zoning line may not be used for vehicular access from Vinebrook Road to the remainder of Lot 29 (see Section 5.6) nor may parking areas be located therein or within ten feet of said zoning line (see Section 9.8.6); and 3. That the Planning Director is authorized to sign the plan in behalf of the Board after the notations are placed on the plan. " Planning Board Minutes of 11/22/82 2 383 187. 1662-1668 Massachusetts Avenue, Form A-82/12 The Board reviewed a plan showing: ;) the land included in Form A-82/11 plus 2) the site of the former Colonial Garage, which had 28,198 square feet, being combined into one parcel of 46,598 square feet. Attorney Flashenberg explained that this plan will be recorded in the Registry of Deeds and is the record plan for the transfer of property and the financing. Attorney Flashenberg acknowledged that the same restrictions on the use of the part of the lot in the residential district were applicable. It was agreed that notations to that effect would be made. On the motion of Mr. Sandy, seconded by Mrs. Nichols, it was voted 4-0: LD 1. The plan entitled "Plan of Land, Lexington, Mass.," dated November 17, 1982, by Otte and Dwyer, Inc., of Saugus, Mass., certified by Theodore L. Dwyer, registered land surveyor, with application Form A-82/120. by Richard W. Spaulding, Trustee, Lexington Square Trust, does not require Q approval under the Subdivision Control Law; and m' 2. That two notations be placed on the plan to wit: 1) that no determina- tion is made or intended as to compliance with frontage and area require- ments of the current Zoning By -Law applicable to that portion of Lot 29 lying southerly of the zoning line separating the central business CB and the residential RS districts; and 2) under the current zoning By -Law, that portion of Lot 29 lying southerly of the aforesaid zoning line may not be used for vehicular access from Vinebrook Road to the remainder of Lot 29 (see Section 5.6) nor may parking areas be located therein or within ten feet of said zoning line (see Section 9.8.6); and -� 3. That the Planning Director is authorized to sign the plan in behalf of the Board after --the notations are placed on the plan. The meeting was adjourned at 8:18 p.m. r A j Judith J. Uhrig, Clerk