HomeMy WebLinkAbout1984-09-24PLANNING BOARD MINUTES
MEETING OF SEPTEMBER 24, 1984
The meeting of the Lexington Planning Board, held in Room G-15, Town Offices, was
called to order at 8:07 p.m. by the Chairman, Mrs. Smith, with members Cripps,
Flemings, Sorensen, Uhrig and Planning Director Bowyer present.
190. APPROVAL OF MINUTES
On the motion of Mr. Cripps, seconded by Mr. Sorensen, it was voted unanimously to
approved the minutes of the meetings of March 31, April 2, April 4, April 7, April
9-10, and June 4 as written.
PLANS NOT REQUIRING SUBDIVISION APPROVAL
191. 225 Waltham Street, Daniel McCabe, Form A-84/22: The Board reviewed a plan
showing the property at 225 Waltham Street divided into two lots, one with 130.5
feet of frontage and 25,804 square feet of lot area, and the other with 137.83 feet
of frontage and 35,828 square feet of area. The lot line is drawn so that the
existing house and barn, which will be on two separate lots, comply with the side
yard setback requirements. On the motion of Mr. Sorensen, seconded by Mr. Cripps,
it was voted unanimously:
The plan entitled "Compiled Subdivision Plan of Land in Lexington, Mass.,"
dated June 1, 1964, by Miller & Nylander Company, certified by Donald J.
Forand, Registered Land Surveyor, with application Form A-84/22, by Daniel F.
McCabe, does not require approval under the Subdivision Control Law.
192. APPLICATIONS TO THE BOARD OF APPEALS
7 Carmel Circle, Tien -Yu Tsui: Variance, garage: Mr. Cripps reported he had
visited the site, the driveway is very steep and the topography of this site may
meet the statutory tests to justify granting a variance. On the motion of Mr.
Sorensen, seconded by Mrs. Uhrig, it was voted unanimously to recommend that the
variance be granted because of the extraordinary topography of the lot which would
justify placing the garage closer to the -street.
The Board reviewed cases scheduled for hearings on October 11, 1984. On the motion
of Mr. Cripps, seconded by Mrs. Uhrig, it was voted unanimously to make no recom-
mendation on the following two cases:
39 Bedford Street, Hodgson Noyes Gulf: SP, various automotive uses: sign
92-100 Hayden Avenue, Boston Properties: SP, sign
396 Waltham Street, Mobil Oil: SP, sign: As part of the motion made by Mr. Soren-
sen, seconded by Mrs. Uhrig, it was voted unanimously to recommend in favor in
granting the special permit for this sign as it is a replacement and reduction in
size of an existing sign.
364 Waltham Street, R. T. Fitzsimmons: SP, two-family dwelling: This property has
a record of illegal construction, of a deck, and of illegal occupancy, a second
dwelling unit on the lower floor. The lot area, 7,287 square feet, and the floor
area 2,061 square feet, are too small to meet the standards, 10,000 square feet and
Planning Board Minutes: September 24, 1984 2
2,500 square feet of net floor area respectively set by the Town Meeting for acces-
sory apartments. This application is for a special permit to convert a single-fam-
ily dwelling into a two-family dwelling. On the motion of Mrs. Uhrig, seconded by
Mr. Sorensen, it was voted unanimously to oppose the granting of the special permit
because 1) the Board is reluctant to recommend legitimizing illegal activity which
has been an enforcement problem for the Building Commissioner, and 2) the lot and
floor area is less than that required for an accessory apartment which should be a
minimum standard, by comparability, for the conversion to a two-family dwelling.
Hartwell Avenue, Alfred Tro eano: SPS, restaurant: Mrs. Smith reported that she
had talked with Mr. Tropeano who assured her that the restaurant will not be open
for breakfast and dinners will not be served until 6:00 p.m.. In that case, there
would not be traffic impacts on the peak traffic hours. Mr. Sorensen commented
that a restaurant on Hartwell Avenue, open in the noon hour, could be beneficial by
reducing noon time traffic congestion and parking demands in Lexington center. It
was agreed to recommend in favor of granting the special permit if the permit con-
tained the condition that breakfast will not be served and that dinner will not be
served before 6:00 p.m.
193. ITEK Expansion, 10 Maguire Road: A delegation of officials from the ITEK
corporation, their attorney and consultants were present to show the Planning Board
a revised plan for additions to the complex at 10 Maguire road. Paul Sullivan, the
vice president for administration, said a new plan had been prepared which was
different from the one the Planning Board reviewed in July. This plan reduces site
coverage by 12,000 square feet, total square footage of gross floor area by 52,000
square feet and the number of personnel by 175. ITEK has eliminated some of the
proposed office space and will lease space for office purposes in other buildings
in the area. They will add 100 new employees who, along with 149 current employees,
will be assigned to a 7:00 a.m..- 3:30 p.m. shift. Assigning employees to that
shift and an expanded carpool program, should reduce the impact on peak hour
traffic by 200 people.
The height of the addition to the M wing, is reduced to 59 feet and that covers
only about 40% of the addition. That is the minimum space needed for the special-
ized optical test apparatus.
Traffic engineer Richard Cook of BSC Engineering, outlined the effects of the new
plan on traffic conditions in the area. He said that all the parking on site,
including all existing parking, would be redesigned to be in complete compliance
with the new parking layout and screening -landscaping requirements of the zoning
By -Law.
Attorney Steven Russian said that ITEK would withdraw the existing application and
file a completely new one. He suggested that the Planning Board have at least a
month to review this application and make its report to the Board of Appeals. ITEK
does need to move forward promptly because some time has been lost because of the
revision.
Several Board members expressed appreciation for ITEK's willingness to completely
revise their plan and produce a net reduction in traffic impact. Mrs. Smith thanked
ITEK for the amount of effort they had made to comply with the Planning Board's
thinking.
Planning Board Minutes: September 24, 1984
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REPORTS
194. Planning Board Members, Subcommittees
a. Hanscom Area Traffic Study: Mrs. Uhrig said a meeting of the full
Hanscom Field Traffic Committee was scheduled for October 2 to accept the
report of the working committee and to decide on next steps. She had been
involved in a briefing of the Board of Selectmen earlier in the evening; that
Board looks forward to working with the Planning Board on this matter.
b. Minuteman School Conference Center: Mrs. Uhrig reported that she and Mr.
Cripps had attended a recent Advisory Committee meeting. She outlined for
the Committee a number of Lexington's concerns which would have to be
addressed in any presentation to the Lexington Town Meeting. The Advisory
Committee voted 11-3 to recommend favorable action on the one proposal
received. The 11 persons are all either connected to the school or the
hospitality industry; the three negative votes included two community repre-
sentatives from Lekington and one from Lincoln.
C. Franklin School Conversion Committee: Mrs. Smith distributed a chart
outlining the ten proposals received for the reuse of the Franklin School.
The Committee has agreed not to consider any proposal that encroaches on the
ball field. A round of interviews has been set for proposals still under
consideration.
d. Center Revitalization Committee: Mr. Sorensen reported the CRC had dis-
cussed recommendations in Norman Abend's traffic report in order to decide on
the Committee's recommendations to the Board of Selectmen.
e. Pine Meadows Golf Course: Mrs. Smith reported the Selectmen's committee
is considering an outright purchase of the golf course and several ideas
about selling lots to obtain some or all of the cost of it. The Board agreed
it was essential to keep the proposal simple if it was to obtain a two-thirds
vote at the Town Meeting.
On the motion of Mr. Sorensen, seconded by Mr. Cripps, it was voted unani-
mously that the Planning Board go on record with the suggestion that the
property be purchased with a lease back in the order of five years (to pro-
vide time for the Town to figure out what to do with it); that, at the end of
that time, some number, to be determined, of lots be sold off at market rate
for market rate housing for single-family development in accordance with
present zoning; to sell a minimum -number of lots to raise the maximum amount
of money in order to pay for it; the number of lots being determined such
that there be adequate facilities to support the lots including access over
the roads; the objective of the minimum number of lots is to produce a mini-
mal impact on the neighborhood. The number of lots shouldn't be stated prior
to Town Meeting.
Mrs. Smith suggested that land should be reserved to provide for a street
connecting Cedar Street to the Reed Street neighborhood. The street needn't
necessarily be built now but the land should be reserved.
f. Board of Appeals Hearing: Mr. Sorensen reported on the Board of Appeals
hearings on September 20, which included a decision to deny the Planning
Planning Board Minutes: September 24, 1984
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Board's appeal of the Building Commissioner's determination on the 4-6
Sherburne Road case.
195. Planning Director
a. Congregate Housing, Europa Motors Property: Mr. Bowyer reported the
staff had received a number of inquiries in the office and over the phone
about the proposed development of congregate housing on the Europa Motors
property at North and Lowell Streets. Most of the comments were negative
with concern expressed about a "project" and a high density development.
196. EXECUTIVE SESSION
It was voted unanimously, by poll of the Board, to go into Executive Session to
discuss strategy with respect to litigation against the Town which, if discussed in
an open session, may have a detrimental effect on the litigating position of the
Town. At 9:57 p.m., the Board went into Executive Session, stating that it would
return to open session only to adjourn.
Following the Executive Session, the Board returned to Open Session at 10:50 p.m.
The meeting was adjourned at 10:51 p.m.
F�
(laudith J. Uhrig, Clerk ��'
PLANNING BOARD MINUTES
EXECUTIVE SESSION: September 24, 1984
After a unanimous voted of the five members present, by poll of the Board, the Lex-
ington Planning Board met in Executive Session in Room G-15, Town Offices, at 9:58
p.m. to discuss strategy with respect to litigation which, if discussed in open
session, may have a detrimental effect on the litigating position of the Town.
Present were Chairman Smith and members Cripps, Flemings, Sorensen, Uhrig and
Planning Director Bowyer.
Mr. Sorensen reported on the Board of Appeals' hearing, held on September 20, on
the Planning Board's appeal of the Building Commissioner's determination on 4-6
Sherburne Road. Chairman Taylor of the Board of Appeals had asked Mr. Sorensen if
the Planning Board would drop its original appeal on the issuance of the foundation
permit. Mr. Sorensen responded he was not authorized to make that decision for the
Board and didn't think the Board wanted to do it anyway.
Mr. Sorensen reported on the reasons the members of the Board of Appeals gave for
voting 1-4 not to approve the Planning Board's appeal. Mr. Gary and Mrs. Riffin
thought the Town Counsel, had directed the Building Commissioner to issue the permit
and, therefore, the Town Counsel determined that it was two lots. Mrs. Scigliano
also implied the action had been approved by the Town Counsel. Mr. Taylor said the
Planning Board's first appeal couldn't be approved because the time had expired.
Mr. Turner essentially agreed with the Planning Board's position and was concerned
about consistency with the guidelines for lot combination, which the Board of
Appeals had applied in the Ward Street case. Mr. Sorensen observed that all mem-
bers of the Board of Appeals appeared to agree that if the guidelines for lot
combination were applied to this situation, they would have to determine that it
was one lot. Most members of the Board of Appeals based their action on the Town
Counsel's "opinion" but he hadn't given any written opinion.
Mrs. Smith said that the Town has to work out a process to insure that this situa-
tion cannot happen again. All parties have to sign on to the same set of criteria.
It was agreed that the Planning Board would request to meet with the Board of
Selectmen and the Board of Appeals in Executive Session next Monday, October 1,
1984. There was discussion on whether the Planning Board would ask for authoriza-
tion from the Board of Selectmen to take an appeal from this decision to the
courts. Mr. Sorensen urged prompt action because there is only 20 days allowed to
take an appeal once the decision is filed. It was agreed to defer the question of
whether to take an appeal to the courts until after the meeting with the Board of
Selectmen next Monday.
The Executive Session was adjourned at 10:50 p. and the Board returned to Open
Session.
v Judith J. UhIg, Clerk
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PLANNING BOARD MINUTES
MEETING OF OCTOBER 1, 1984
The meeting of the Lexington
called to order at 7:37 p.m.
Sorensen, Uhrig and Planning
the business meeting but was
197. APPROVAL OF MINUTES
Planning Board, held in Room G-15, Town Offices, was
by the Chairman, Mrs. Smith, with members Flemings,
Director Bowyer present. Mr. Cripps was absent for
present for the Executive Session.
The minutes of the Executive Session of July 9 were corrected. On the motion of
Mrs. Flemings, seconded by Mr. Cripps, it was voted 4-0 to approve the minutes of
the meetings of June 18, July 9, July 16, August 13, August 27 and September 10,
and the Executive Session of June 18, as written, and the minutes of the Executive
Session of July 9 as amended.
PLANS NOT REQUIRING SUBDIVISION APPROVAL
198. Form A-84/22, 225 Waltham Street, Daniel McCabe: Mr. Bowyer reported that
attorneys had discovered the plan endorsed by the Planning Board on September 24
shows a right-of-way on an abutting parcel that no longer exists. On the motion of
Mr. Sorensen, seconded by Mrs. Uhrig, it was voted 4-0 to authorize the removal
from the plan of an eight -foot right-of-way on the land of Griscom, as that right-
of-way has no effect on the frontage for the two lots which the Planning Board
reviewed.
199. Executive Session
It was voted 4-0, by poll of the members present, to go into Executive Session: 1)
to consider the purchase, exchange or lease of real property, discussion of which
in Open Session may have a detrimental effect on the negotiating position of the
Town, and 2) to discuss strategy with respect to litigation which if discussed in
Open Session, may have a detrimental effect on the litigating position of the Town.
At 7:47 p.m., the Board went into Executive Session stating that it would return tc
Open Session only to adjourn.
Following the Executive Session, the Board returned to Open Session at 9:48 p.m.
The meeting was adjourned at 9:49 p.m.
Judith J. UhClerk