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HomeMy WebLinkAbout1984-06-18PLANNING BOARD MINUTES MEETING OF JUNE 18, 1984 The meeting of the Lexington Planning Board, held in Room G-15, Town Offices, was called to order at 7:42 p.m. by the Chairman, Mrs. Smith with members Cripps, Flemings, Sorensen, Uhrig and Planning Director Bowyer present. 133. APPROVAL OF MINUTES On separate motions by Mr. Sorensen, each seconded by Mr. Cripps, the minutes of the meetings of March 26, 1984 and March 28, 1984 were approved unanimously as written. PLANS NOT REQUIRING SUBDIVISION APPROVAL 134. 186-200 Grant Street, Carlson Florist Inc., Form A-84/13: The Board reviewed a plan showing land owned by Carlson Florist Inc. and the Estate of Anna Carlson assembled into three lots. Lot 2 has 140 feet of frontage and Lot 3 has 100 feet of frontage; the property is in an RO district where the minimum frontage is 150 feet. Mr. Bowyer reported his understanding, based on a conversation with an engineer in the land court, was that these lots were recorded in 1948 when the minimum frontage was 100 feet. The plan showed a number of lots with inadequate frontage and area and it was not clear what the effect the endorsement of this plan would be. On the motion of Mr. Sorensen, seconded by Mr. Cripps, it was voted unanimously: To not endorse the plan entitled, "Plan of Land in Lexington, Mass., Being a ' Subdivision of Land Court Case 20911A and 18397A," by Nelson Engineering Inc., Concord, Mass., certified by Ralph D. Nelson, Registered Land Surveyor, with application Form A-84/13 by Carlson Florist Inc., because it is a subdivision within the meaning of the Subdivision Control Law and requires approval because neither proposed Parcel B or C has sufficient frontage. The Board agreed that it might endorse the plan if evidence is submitted that the lots shown comply with the minimum frontage requirements in effect at the time of their creation. 135. 55-65 Robbins Road, Estate of Alfred Joseph, Form A-84/14: The Board was in receipt of a letter from attorney Dean Nicholson, dated June 14, 1984, stating that lots 27, 28, and 29 have been maintained and conveyed as separate lots. The current plan shows lot 28 and lot 29 combined into one lot with lot 27, with 85 feet of frontage, kept as a separate lot. On the motion of Mr. Sorensen, seconded by Mr. Cripps, it was voted unanimously: To endorse the plan entitled "Plan of Land in Lexington, Mass.," dated May 23, 1984, by Raymond Engineering Service, Burlington, Mass., certified by Raymond J. Garcia, Registered Land Surveyor, with Form A-84/14 by Dean Nicholson, attorney for the Estate of Alfred T. Joseph, because it is represented that such plan is a confirmation of existing lots lines and shows lot 28 and lot 29 combined into one and shows lot 27, with frontage of 85 feet, less than required by current zoning, and such plan does not require approval under the Subdivision Control Law. The Planning Board makes no determination as to whether lot 27 is a building lot for zoning purposes. Planning Board Minutes: June 18, 1984 2 136, EXECUTIVE SESSION It was voted unanimously, by a poll of the Board, to go into Executive Session to discuss strategy with respect to litigation which, if discussed in an open session, may have a detrimental effect on the position of the Town. At 8:09 p.m., the Board went into Executive Session. Following the Executive Session the Board reconvened in open session at 9:16 p.m. 137. Hanscom Field Access Road Mrs. Smith, who is a member of the Massport Board of Directors, disqualified her- self from discussion of this item. Vice Chairman Sorensen chaired this part of the meeting. Joyce Hals, of the Massport staff, was present seeking the Board's thinking on a proposed access road from Maguire Road, through the Kiln Brook V development, across Hanscom Field land located in Lexington and Bedford to a three acre site on the north side of Hanscom Field in Bedford. A restaurant proposes to lease a three acre site from Massport for the construction of a restaurant with 190 seats, a 75 seat lounge, with 223 parking spaces. Access to the site through Bedford has been studied and found unsuitable for commercial uses. The Board noted that the proposed roadway would be more than 3000 feet long, in- volves a crossing of the Kiln Brook and other areas that were low and wet. That appeared to be an excessive undertaking for just a restaurant. Mr. Bowyer reported there had been several meetings in the spring with Massport planning staff about developing a "transition zone" adjacent to Hanscom Field, in which Massport and the abutting communities, i.e., Lexington, Bedford and Lincoln, would develop an understanding about other uses not strictly for airport operations adjacent to the field. Some of the issues on the "related" uses deal with inten- sity of development, traffic and access, real estate tax status, and transition to residential or commercial uses in the abutting towns. A commercial restaurant would be one of the types of uses covered in an agreement between the towns and Massport. The consensus of the Board was that the major issue was traffic. The same analysis and determinations required for a special permit with site plan review, should be applied in this case. Mr. Sorensen said that, given the existing congested traffic conditions, it would be difficult to be enthused about this proposal. He suggested that Massport help the Town with the Executive Office of Transportation and Con- struction in obtaining approval of the North Lexington Traffic Improvements. Mrs. Flemings commented that a traffic analysis should be presented before the Board is asked to comment on this specific proposal. Others noted that Itek Corporation is planning a major expansion on Maguire Road. SUBDIVISION OF LAND Mrs. Smith resumed chairing the meeting. 138. Maple Tree Village, off Maple Street: Execution of Covenant, Endorsement of Definitive Subdivision Plan: The Board reviewed a covenant from Anthony S. Gentile and Christina Gentile relative to the execution of the definitive subdivision plan. Several typographical errors were noted. On the motion of Mrs. Uhrig, seconded by Planning Board Minutes: June 18, 1984 3 Mr. Sorensen, it was voted unanimously to approve the covenant, with the typograph- ical errors corrected, and to endorse, by the signature of the Planning Board members, the definitive subdivision plan. 139. Pheasant Brook Estates, between Woburn and Maple Streets: Extension of Time: On the motion of Mr. Sorensen, seconded by Mrs. Flemings, it was voted unanimously to approve the request, in a letter dated June 12, 1984, that the time for action on the conventional subdivision and special permit be extended to August 4, 1984. It was agreed to hold the public hearings on the subdivision on July 9, 1984. 140. APPLICATIONS TO THE BOARD OF APPEALS The Board reviewed cases to be heard by the Board of Appeals on June 28, 1984. On the motion of Mr. Sorensen, seconded by Mrs. Flemings, it was voted unanimously to make no recommendation on the following four cases: 12 Estabrook Road, Richard McKinsey: SP, swimming pool 1 Connestoga Road, Thomas Henneberry: SP, swimming pool 8 Tufts Road, Robert welsh: SP, swimming pool 973 Concord Turnpike, James McLaughlin: SP, roadside stand 6 Sherburne Road, Fine Homes Realty Inc • Appeal of Building Commissioner's Decision: On the motion of Mr. Sorensen, seconded by Mr. Cripps, it was voted unanimously to oppose removing the "stop work" order. The Board has itself filed a notice of appeal on the Building Commissioner's decision not to revoke the building permit issued. The Board's notice of appeal and the notice of appeal by Fine Homes Realty Inc. should be joined into one hearing because they deal with the same subject matter. PLANNING BOARD ORGANIZATION, PROCEDURES 141. Election of Officers: As provided in Section 2.1 of the Planning Board's "Procedural Rules," the Board elected officers. For the office of chairman, Mrs. Uhrig nominated Jacquelyn Smith; by a vote of 4-0, with Mrs. Smith abstaining, Mrs. Smith was elected chairman. For the office of vice chairman, Mrs. Uhrig nominated Mr. Sorensen and he was unanimously elected. For the office of clerk, Mrs. Flem- ings nominated Mrs. Uhrig; by a vote of 4-0, with Mrs. Uhrig abstaining, Mrs. Uhrig was elected clerk. 142. Fees for Zoning By -Law: Mr. Bowyer explained that the new printing of the Zoning By -Law had cost more per copy than the current fee of $3.00 per copy. On the motion of Mr. Sorensen, seconded by Mr. Cripps, it was voted unanimously to set the fee for the purchase of the Zoning By -Law at $5.00 and at $7.50 for mailing the Zoning By -Law. REPORTS 143. Planning Director a. Assistant Planner Search: Mr. Bowyer reported the selection process for the assistant planner had been narrowed to three promising candidates. He hoped to have the position filled by the first of July. Planning Board Minutes: June 18, 1984 4 b. Pine Meadows Golf Course: Mr. Bowyer reported that a residential developer had approached him about development considerations on the Pine Meadows Golf Course. A meeting has been arranged with Selectman Eddison who has the Selectmen's responsibility for the golf course. 144. Planning Board Members, Subcommittees a. 1984 Open Space and Recreation Plan: The Board was in receipt of a draft of the 1984 Open Space and Recreation Plan. Mrs. Uhrig agreed to review the report for the Board and to prepare a letter indicating general support for the plan. b. Franklin School Conversion: Mrs. Smith reported that the Conversion Committee has eliminated commercial uses from consideration. The question of sale or lease of the property is still wide open. The Board of Selectmen has suggested moderate -priced housing. The meeting was adjourned at 11:02 p.m. / L%4udith J. Uhr//Clerk / 1 11 PLANNING BOARD MINUTES MEETING OF JUNE 18, 1984 EXECUTIVE SESSION After a unanimous vote, by poll of the Board, the Lexington Planning Board met in Executive Session in Room G-15, Town Offices, at 8:09 p.m., to discuss strategy with respect to litigation against the Town which if discussed in Open Session, may have a detrimental effect on the position of the Town. Present were Chairman Smith and members Cripps, Flemings, Sorensen and Uhrig, Planning Director Bowyer, and attorney Stephen Anderson of Palmer and Dodge. Mr. Anderson commented on Judge O'Neil's decision in the case of Priscilla Davis Daudelin vs. the Planning Board, dealing with the Planning Board's decision not to endorse an Approval Not Required plan on October 17, 1983. The case dealt with property on Wood Street, which was the subject of a variance for insufficient frontage granted by the Board of Appeals on November 3, 1976. Mr. Anderson re- ported that, without any discussion of the case submitted in his brief, the court had allowed a motion for summary judgement and has ordered the Planning Board to endorse the Form A. The court decided both: 1) that the variance has not lapsed and 2) the variance provides sufficient frontage even though Daudelin did not seek to create separate lots until October, 1983. The Planning Board has 30 days within which to appeal the decision. Mr. Anderson said there appeared to be two options. The first is to appeal to a higher court in which he anticipates the Board would probably lose on the issue on the lapse of the variance due to the change in the enabling statute. The second issue, whether a variance can be granted before a lot is created is still an impor- tant issue and he feels there are good grounds based on the Arrigo case. The second option is to accept this decision and give it a very narrow interpretation, i.e., that it applies only to lots on public ways, with adequate access for which a variance has already been granted. The principal focus should be to see that new variances for frontage are not granted. By poll of the Board, it was agreed not to appeal this decision in part because it would be costly for the Town on a case of limited precedent. It was also agreed to talk with the Board of Appeals about establishing a procedure whereby the Board of Appeals would not act on a petition for a variance for frontage until an Approval Not Required plan had been presented to the Planning Board. The reasoning would be that the "hardship" tests could not be met until a lot was created. It was also agreed the Planning Board should be vigilant about promptly appealing improper decisions by the Board of Appeals on subdivision -frontage types of cases. Mrs. Smith suggested that the Planning Board should prepare a position paper on this case, making it clear that the Planning Board viewed it as a one-time event heavily influenced by the fact that the variance was not appealed in 1976. The Planning Board does not view this situation as representing a proper procedure and will act appropriately to insure it does not happen again. The Executive Session was adjourned at 9:16 p.m, and the Board returned to Open Session. j 'Judith J. Uhr' Clerk PLANNING BOARD MINUTES MEETING OF JULY 9, 1984 The meeting of the Lexington Planning Board, held in Estabrook Hall, Cary Memorial Hall, was called to order at 7:42 p.m. by the Chairman Mrs. Smith with members Cripps, Flemings, Sorensen, Uhrig, Planning Director Bowyer and Assistant Planner Davidson present. SUBDIVISION OF LAND 145. Pheasant Brook Estates, Between Woburn and Maple Streets, Public Hearing: Chairman Smith opened concurrent hearings on: 1) the application for approval of a definitive subdivision plan and 2) the application for a special permit for a conventional subdivision. Paul Quinn, Chester Kahn, Sanitary Engineer James MacDowell of T & M Engineering Associates, Landscape Architect Gary Larsen, and Land Surveyor Roger Corbin, repre- sented the applicants. Mr. McDowell made the presentation. The property comprises 154 acres, with about 77 acres to be developed into 65 house lots. There will be about 7500 linear feet of new roadways. About 30 residents of the area were in attendance. Lewis Aronin, 20 Ingleside Road stated that there were existing traffic problems in the area. He was concerned about additional traffic due to the subdivision. Planning Board Chairman Jacquelyn Smith read a traffic evaluation memo from the planning staff stating that the increase in traffic would not be significant. Margaret Rawls, 9 Winthrop Road expressed interest in saving existing trees. Mr. Quinn explained that they will make every effort to destroy as few trees as possible. John Vinton, 11 Leonard Road, expressed concern about the size of the retention ponds and if they were ' adequate. Mr. MacDowell explained the subdivision's drainage system will compen- sate for any new runoff created by the development. The hearings were declared closed and the Board agreed to defer action on the subdivision plan until July 16, 1984. A recess was declared at 9:10 p.m. The meeting was reconvened at 9:23 p.m. PLANS NOT REQUIRING SUBDIVISION APPROVAL 146. 186-200 Grant Street, Carlson Florist Inc., Form A-84/15: The Board again reviewed the plan which it had voted not to endorse (Form A-84/13) on June 18, 1984. Mr. Bowyer had a copy -of a landccourt plan recorded in 1948 when the lot frontage requirement was 100 feet. On the motion of Mrs. Flemings, seconded by Mr. Cripps, it was voted unanimously: The Plan entitled "Plan of Land in Lexington, Mass. being a subdivision of landcourt case #20911A and #18397A by Nelson Engineering Inc., Concord, Mass., certified by Ralph D. Nelson, Registered Land Surveyor, with application Form A-84/13 by Carlson Florist Inc., shows the combination of existing recorded lots and does not require approval under the subdivision control law. 147. 91 Pleasant Street, Ralph Dinunzio, Form A-84/16: The Board reviewed a plan showing the subdivision of the Dinunzio property into two lots, each with 125 feet of frontage, one with 1.457 acres and the other with 1.984 acres. On the motion of Mr. Sorensen, seconded by Mrs. Uhrig, it was voted unanimously: Planning Board Minutes: July 9, 1984 2 The plan entitled "Compiled Subdivision Plan of Land in Lexington, Mass." by Miller & Nylander Company, certified by Donald J. Forand, Registered Land Surveyor, with application Form A-84/16, for Ralph Dinunzio, does not require approval under the Subdivision Control Law. 148. 74 Webb Street, Donald Doremus, Form A-84/17: Attorney Stephen Russian explained that parcel A, comprising lots 104-106, had been kept separate from parcel B which comprises lots 107-109. Parcel A has frontage of 75 feet and parcel B has frontage of 80.44 feet. On the motion of Mr. Sorenson, seconded by Mr. Cripps, it was voted unanimously: The plan entitled "Compiled Subdivision Plan of Land in Lexington, Mass.," by Miller & Nylander Company, certified by Donald J. Ferand, Registered Land Surveyor, shows two existing parcels with insufficient frontage and is repre- sented to be a confirmation of existing lot lines; as there is not subdivi- sion, the Plan does not require approval under the Subdivision Control Law. The Planning Board makes no determination as to the status of either of these lots for zoning purposes. 149. 275 Wood Street, Pricilla Daudelin, Form A-84/18; Attorney Patricia Hagedorn was present to say that a recent court ruling had determined that the action of the Planning Board in October 1983, in not endorsing this plan was incorrect and the court had ordered the Planning Board to endorse the plan. While the Planning Board and the Town Councel disagreed with the court's ruling, it had decided not to appeal the case because it did not appear to set a precedent for situations that were likely to occur again and the Town could be spared the expense of further litigation. The 30 day period in which the Planning Board could have appealed to a higher court had expired and Attorney Hagedorn sought endorsement for her client. On the motion of Mr. Sorensen, seconded by Mrs. Flemings, it was voted unani- mously: ' The plan entitled "Subdivision Plan of Land in Lexington, Mass." dated Septem- ber 23, 1983, by Miller & Nylander Company, certified by Donald J. Forand, Registered Land Surveyor, with application Form A-84/18 by Patricia Hagedorn for Pricilla Davis Daudelin, does not require approval under the Subdivision Control Law. REPORTS 150. Planning Board Members, Subcommittees a. Housing Needs Advisory Committee: Mrs. Flemings reported on a recent meeting of the HNAC which believes a joint meeting should be held with the Planning Board to review the questionaire completed by Town Meeting Members and to discuss the Committee's projected work schedule. It was agreed to meet with the Planning Board on July 23, 1984. 151. EXECUTIVE SESSION On a motion by Mr. Sorensen, seconded by Mr. Cripps, it was voted 5-0 by poll of the Board, to go into executive session to discuss strategy with respect to litiga- tion which, if discussed in open session may have a detrimental effect on the position of the Town. At 10:18 p.m. the Board went into executive session. Planning Board Minutes: July 9, 1984 3 Following the executive session, the Board returned to open session at 10:44 p.m. The meeting was adjourned at 10:45 p.m. / Judith J. Uh 'g, Clerk