HomeMy WebLinkAbout1984-08-13PLANNING BOARD MINUTES
MEETING OF AUGUST 13, 1984
The meeting of the Lexington Planning Board, held in Room G-15, Town Offices, was
called to order at 7:41 p.m. by the Chairman, Mrs. Smith, with members Cripps,
Flemings, Uhrig, Planning Director Bowyer and Assistant Planner Davidson present.
Mr. Sorensen was absent.
SUBDIVISION OF LAND
166. Marrettwood, Elena Road: The Board reviewed a memo from Ann Landau, of Grant
Cole Realtors, which stated that a narrow strip of land, behind Lots 4 and 5, with
no frontage on Elena Road, had never been formally released by the Planning Board.
The subdivision was completed about 1966. Mr. Bowyer observed that the small par-
cel was apparently overlooked in the release of lots because it was not a building
lot and did not have frontage on Elena Road. The parcel is now attached to a lot
known as 682 Marrett Road and represents an unclear title. On the motion of Mrs.
Flemings, seconded by Mr. Cripps, it was voted unanimously to release parcel A,
comprising 2,741 square feet, from the restrictions contained in the Covenant of
the Marrettwood Subdivision.
167. Kitson Park, off Concord Avenue, Final Release of Surety: The Board was in
receipt of a letter from William H. Hamilton, dated June 12, 1984, requesting
release of surety, and a memorandum from Francis X. Fields, Town Engineer, dated
July 1, 1984, stating that the final inspection has been made and recommending
final release of the surety. The Board had a letter from Town Counsel, dated July
31, 1984, pointing out that condition 10 of the Certificate of Action requires a
separate instrument of surety to hold the Town harmless against any damages that
might arise from the Town laying out Kitson Park Drive as a public way, and the
' Planning Board should specifically state that that surety is not being released.
On the motion of Mrs. Uhrig, seconded by Mrs. Flemings, it was voted unanimously to
release all surety held on the Kitson Park Subdivision insofar as it relates to the
construction of the way and the installation of municipal services only and that
such release does not apply to a separate instrument of surety provided to satisfy
condition 10 of the Certificate of Action relative to any claim for damages that
might arise from the laying out of Kitson Park Drive as a public way.
168. Farmington Rise, Bow Street-Rindge Avenue, Moore Homes, Inc., PUBLIC HEARING:
The hearing on the application for approval of a definitive subdivision and a
special permit for a conventional subdivision, was called to order at 8:00 p.m.
Mark Moore and land surveyor Roger Corbin, of Joseph Moore Company, represented the
applicants. Mr. Corbin explained that 15 lots were included in the Farmington Rise
subdivision. Another six lots, with frontage on Bow Street, are not included in
the subdivision application but will be presented to the Planning Board under the
"Approval Not Required" procedure.
About 25 residents of the area were in attendance. Peter Kovner, 7 Theresa Avenue
stated his concern about continued access to the Arlington Reservoir. Mr. Corbin
described a conservation easement, located between lots 8 and 9 which will provide
access to the Jerry Cataldo Reservation and thence to the Arlington Reservoir.
Roberta Kovner, 7 Theresa Avenue expressed her concern about the wetness of the
site, its suitability for building and the potential for the water to become toxic
due to the material used as fill. Mr. Corbin pointed out that the site is above
the 100 year flood zone, that the existing wetness was most likely due to a com-
pacted soil condition and that test pits would be done to determine the bearing
capacity of the soil. He stated that no percolation tests, to monitor the water,
were scheduled.
Planning Board Minutes: August 13, 1984
Anthony Marques, 22 Bow Street, inquired about the
neighborhood's public facilities such as the sewer
Mr. Corbin explained that the existing facilities
subdivision. Mr. Marques also expressed his conce
Corbin explained that the pavement width and geome
sufficient to handle the additional traffic.
2
new development's impact on the
system and the water pressure.
were adequate to handle the new
rn with increased traffic. Mr.
trics of existing Bow Street were
The hearing was declared closed, the Board agreed to defer action until
August 27, 1984.
There was discussion about the timing of the Planning Board's action relative to
submission of revised plans to the Conservation Commission to satisfy their con-
cerns. On the motion of Mrs. Flemings, seconded by Mr. Cripps, it was voted unani-
mously to approve the request contained in a letter from Moore Homes dated August
13, 1984 that the time for action on this plan be extended from September 10, 1984,
to September 24, 1984.
169. APPLICATIONS TO THE BOARD OF APPEALS
Mrs. Smith reported on cases to be heard by the Board of Appeals on August 23,
1984. It was agreed to make no recommendation on the following case:
38 Somerset Road, Dr. Frederick Stoddard: SP, use of residence as office
748 Waltham Street, Manuel Rose: SP, business use: On the motion of Mr. Cripps,
seconded by Mrs. Flemings, it was voted unanimously to recommend that a special
' permit for the continued operation of a welding business be granted provided the
same restrictions contained in the current special permit are imposed and the use
be limited to Manuel Rose as a person and not run with the land.
23 Charles Street, Alice Adams: Variance, garage
66 Cary Avenue, Paul Tedrow: Variance, garage
6 Harbell Street, Robert Foley: Variance, enclosed deck
29 Webb Street, Mark Czerwinski: Variance, veranda
Each of these four cases involves variances from yard setback requirements. Other
hearings not yet scheduled also include a number of requests for variances from
yard setback requirements. As so many variances from yard setbacks are granted, it
was agreed that the Board should send to the Board of Appeals a position statement
setting forth why yard setbacks are included in the Zoning By -Law and outlining the
tests and criteria set up in the statutes and case law for variances. A number of
the points to be included in the position statement were discussed. On the motion
of Mrs. Flemings, seconded by Mrs. Uhrig, it was voted unanimously to recommend
against granting a variance for these four cases.
6 Sherburne Road, Planning Board Appeal of Building Commissioner: Mr. Bowyer
reported that abuttors had also filed an appeal of the Building Commissioner's
issuance of a full building permit, citing many of the same reasons as in the Plan-
ning Board's appeal. The abuttors' appeal is not scheduled for a hearing. The Board
thought it would be advisable to postpone the Planning Board hearing on August 23
until the abuttors' appeal could be advertised and all appeals joined into one
hearing.
Planning Board Minutes: August 13, 1984
3
Mr. Cripps reported on several cases for which hearing dates have not yet been set.
It was agreed the Board would make no recommendation of the following five cases:
7 Patterson Road, Juan Gorospe: SP, swimming pool
17 Depot Square, Church & Cote Jewelers: SP, second sign
121 Hartwell Avenue, Varian Assoc.: SP, small addition
68 Farmcrest Avenue, Raymond Carberry: Variance, front yard
49 Robbins Road, Philip Dunbar: Variance, side yard
It was agreed to defer consideration of 55 Massachusetts Avenue, Berman Liquors.
67 Grant Street, Eileen Collins: Variance, side yard
41 Somerset Road, Dr. Ralph Frieden: Variance, side yard
These two cases involve yard setback variances. On the motion of Mrs. Uhrig,
seconded by Mrs. Flemings, it was voted unanimously to recommend against these yard
setbacks for the same reasons set forth in the position paper on yard setbacks.
351-363 Mass. Avenue, Richard Brahm: SP, free standing sign: It was agreed to
recommend that a free standing sign is warranted, because of the placement of the
building so far from the street, but that the size of this sign should be reduced
to 20 square feet, which is the standard set forth in the By -Law.
170. COMPREHENSIVE PLANNING, POLICIES:
South Lexington Planning Program: The Board reviewed a schedule which called for
the preparation of 12 technical memoranda on various subjects that will comprise
the analytical material on South Lexington. The memoranda will also pose policy
implications and/or decisions for the Planning Board and other policy makers on
future development in South Lexington. One end product will be a policy on the
appropriate development (or non -development) of all land in the study area, with
particular attention to the lots most susceptible to development. Throughout the
program, there will be opportunities for collaboration among the Planning Board and
other Town boards, committees and departments and participation by citizen groups
and property owners.
The meeting was adjourned at 11:07 p.m.
c' Judith J. U g, Clerk
1