HomeMy WebLinkAbout1985-11-04PLANNING BOARD MINUTES
MINUTES OF NOVEMBER 4, 1985
The meeting of the Lexington Planning Board, held in Room G-15, was called to
order at 7:35 by the Chairman, Mrs. Smith, with members Cripps, Flemings, Soren-
sen, Uhrig, Planning Director Bowyer, Assistant Planner Rawski and Secretary
Peters present.
234. Approval of Minutes
On the motion of Mr. Cripps, seconded by Mr. Sorensen, it was voted unanimously
to approve the minutes, as presented, for the meeting of Setember 30, 1985, and
the minutes, as corrected, for the meeting of October 28, 1985.
PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW
248. Lot 1, Graystone Subdivision, Boyd -Smith, Form A 85/15: The Board reviewed
a plan, submitted by Boyd -Smith, which shows the same lot, with identical bound-
aries, as lot 1 of the Graystone definitive subdivision plan. On the motion of
Mr. Sorensen, seconded by Mrs. Uhrig, it was voted unanimously:
To not endorse the plan entitled "Plan of Land in Lexington, Mass.", dated
' October 24, 1985, by Hayes Engineering, Wakefield, Mass. certified by Sidney
C. Field Jr, Registered Land Surveyor, because the land is located in the
Graystone Subdivision, and lot 1, as shown on the October 24, 1985 plan, is
the same as lot 1 shown on the definitive subdivsion plan, Graystone, dated
8/8/85, approved by the Planning Board and duly recorded. Lot 1 is in a
subdivision which was approved under the Subdivision Control Law.
249. 128 Spring Street, Beal Companies, Form A85/16: Mr. Bowyer explained the
changes that are proposed on the plan. The frontage, area and setbacks all
comply with the provisions of the Zoning By -Law. On the motion of Mr. Sorensen,
seconded by Mr. Cripps it was voted unanimously:
to endorse the plan entitled "Subdivision Plan of Land in Lexington, Ma."
August 14, 1985, by Miller and Nylander, Lexington, Mass., certified by
Donald J. Forand, Professional Land Surveyor, with the application by Peter
B. Nichols for the Beal Companies, as it does not require approval under the
Subdivision Control Law.
SUBDIVISION OF LAND
250. Pheasant Brook, Revision to Site Plan, Lot #21: Rick Waites, for the
Pheasant Brook subdivision, requested a conditional approval for a change in the
limit of work line for lot 21, depending on obtaining approval from the Conser-
vation Commission when they meet. Ms. Rawski reported that she had spoken to
Conservation Administrator, Mr. Wyman, about this and he did not feel there was a
problem with the Planning Board granting a conditional approval in this
instance.
Minutes of November 4, 1985
Page 2
On the motion of Mr. Sorensen, seconded by Mr. Cripps it was voted unanimously to
revise the limit of work line as requested; this is a conditional approval con-
tingent upon subsequent approval by the Conservation Commission.
251. Toga Property, Decision on Preliminary Plan: Ms. Rawski reported the
Preliminary Plan for the Subdivision of Land off Turning Mill Road, dated August
10, 1985, complies with the minimum requirements established under the Subdivi-
sion Rules and Regulations for Lexington, and therefore could be approved.
However, the development constraints imposed by topography and wetlands render
Lot #3 extremely unsuitable for development. The applicant must still comply
with the provisions of the Wetlands Protection Act. She recommended that the
Planning Board encourage resubmission of a revised plan under Section 9, Planned
Residential Development.
Mrs. Smith commented there was still the problem of whether lot 3 can be a build-
able lot. Mr. Sorensen felt that Lot 1 may be too steep to be a buildable lot.
He questioned whether it would be proper to approve a preliminary subdivision
plan when two of the three lots may be unbuildable.
On the motion of Mr. Sorensen, seconded by Mr. Cripps, it was voted unanimously
to approve the preliminary plan entitled:
"Preliminary Subdivision Plan of Land in Lexington, Mass." by Miller and
Nylander Co., Sheet 1 of 1, dated August 10, 1985, Carl J. and Blayne B.
Toga, applicants, noting the strong possibility that there may be zoning
violations that make it impossible to proceed with the plan.
Mrs. Flemings left the meeting at this point to attend the Selectmen's meeting
with the H.N.A.C.
252. Ridge Estates III, off East Emerson Road, Theodore Freeman; PUBLIC HEARING:
At 8:07 p.m., the Chairman opened the public hearing by reading the legal notice
of the application for a definitive subdivision plan and concurrently the appli-
cation for a special permit for a conventional subdivision entitled Ridge Estates
III. Representating the applicants were Theodore Freeman, Attorney Dennis Lowe
and Peter Ogren of Hayes Engineering.
Mr. Ogren described the proposal, consisting of 6 new lots off East Emerson Road.
Hayes Engineering had verified the bench marks in the field and presented a
letter certifying to this.
He proposed a street grade in excess of the 8% limit allowed in the Subdivision
Rules and Regulations in order to limit the amount of cut required along the
edges of the road, arguing that the proposed road is a short deadend with little
traffic, and a 9 or 10% road grade would cause less havoc to the site. They
would add two retaining walls to deal with the steep banks slopes along the road.
They have requested waivers from the requirements : 1) for the installation of a
fire alarm system; 2) that trees on the site have to be shown on the map;
3) forbidding a reverse curve in the road; and 4) that the slope limit for the
road can not be more than 8%.
Ms. Rawski presented the staff analysis, including the reports the Planning Board
has received from other Town boards and departments. The Engineering Department
Minutes of November 4, 1985 Page 3
recommends the sidewalk be built right along the side of the wall, and the wall
and step details should be approved by them. The Fire Department requested an
additional hydrant be placed about halfway up proposed street. The Board of
Health had no comments.
Ms. Rawski questioned the excessive height of the retaining walls (seven to ten
feet high in places). She recommended limiting the height of the wall to five
feet and terracing the rest, or using a stepped retaining wall.
Joyce Miller, Chairman of the Conservation Commission, asked where the conser-
vation easement was shown on the plan. Mr. Ogren pointed to it and commented
that the steepness of the site necessitated the use of steps off the cul de sac
as access to the Conservation land.
Janis Colangelo, of 38 East Emerson Road, was concerned about the height of the
walls, and asked about the location of the sidewalk. Mr. Ogren answered there
was no sidewalk or wall on her side of the street. Stephen Colangelo reported
that grades have already been altered before the subdivision has been approved.
Shirley Byrne also questioned the excavation work being done before the plan was
approved. Mrs. Smith said whatever had been going on in that area has been
stopped, and no road construction will be done till the subdivision has been
approved.
Charlotte Poulen, of 155 East Emerson Road, asked what happened if the walls fell
down after a number of years. Mr. Bowyer responded the Town has a big stake in
ensuring the walls and grades are installed to Town standards, since the Town
may have to maintain them eventually.
In response to a question from Mr. Sorensen, Mr. Ogren added that the retaining
walls are not on both sides in the same section of the street. In response to a
question from Mrs. Miller about the steep access into the area, he said there
was no better access into the into the site.
Mrs. Bryne wished to be recorded as strongly opposing the application because the
developer had disturbed the site before the plan had been approved.
Mrs. Flemings returned to the hearing at this point.
Mr. Freeman presented a letter to the Board requesting an extension of time for
action until November 29, 1985. On the motion of Mr. Sorensen, seconded by Mr.
Cripps, it was voted unanimously to grant the extension until November 29, 1985.
Mrs. Smith suggested the developer meet with the Engineering Department to dis-
cuss the Town's standards for walls.
Mr. Ogren asked if the Board would consider waiving the 8% road grade limit in
favor of a 9 or 10% grade. Mr. Sorensen felt that since the road faced north and
was the only access, he would be against allowing any grade greater than 8%.
Mrs. Smith agreed. Mr. Bowyer added that the Engineering Department is properly
concerned with side treatment and feels that it can be handled satifactorily
without permitting a grade of 9 or 10%. Mr. Cripps was also in favor of the 8%
grade limit. An informal poll of the Board found them unanimously in favor of
limiting the road grade to 8%.
Minutes of November 4, 1985
Page 4
The Board agreed to waive the fire alarm requirements, and not require marking
all trees over 6" caliper on the plan. Mrs. Miller recommended that trees over
6" caliper be be marked in the field so they will be protected from damage during
constuction. Mrs. Smith wanted to be sure the limit of work line is staked
before any work begins.
The hearing was declared closed at 8:57 p.m.
COMPREHENSIVE PERMIT
253. Katandin Woods, BIDC, revised site plan: BIDC, represented by Arthur
Ullian, William Casper, Robert Kargman and Architect Charles Tseckares, discussed
the revised plan that has evolved from their meetings with Town staff and com-
mittees. Also present from the Housing Needs Advisory Committee were Eleanor
Klauminzer, Joel Adler, Eric Clarke and William Spencer.
Mr. Ullian explained the plan and distributed a fact sheet dated 11/4/85, and
presented some photographs of commercial buildings in the area. Mr. Tseckares
reviewed the plan now proposing 126 units, with 6 three bedroom units, and small-
er buildings. The buildings are stepped to follow the slope, so there will not
be as much cutting into the site. They are proposing an emergency road for the
cul-de-sac whose length is in excess of the 650 ft. permitted by the Planning
Board Rules and Regulations. The Fire Captain wishes it to connect to the cul-
de-sac that is shorter that 650 ft. also.
' The Board thought this proposal was a definite improvement over the last plan
they had seen.
Mrs. Miller expressed concern that the emergency road crosses the vegetated
wetlands. Mr. Tseckares replied that the part that crosses that area already
exists as an old cart road, and is slightly elevated over the wetland which the
developer does not propose to alter. It was suggested that they may be able to
loop the emergency road around the units on the longer cul-de-sac, providing a
second access without crossing the vegetated wetlands. The developers will check
with the Fire Chief to learn what his emergency vehicles require.
Mrs. Uhrig asked if the side elevations will be the same on the flat sites as
they are on the slopes, and are they still having three story buildings on the
flat sites. Mr. Ullian replied that the third story will be in the roof with
dormers, and the maximum building height was 38 feet. He added that the unit
density would be approximately 10 units per acre using gross land area.
Mr. Ullian understood the Town's desire to lengthen the rental period before the
units could be sold for condominiums. However the financial feasibility of the
proposal affects this length as well as how much of the low income rents will be
will have to be carried by the rentals of the moderate/middle income units. He
feels that the development will be 20% low income and 80% moderate/middle
income. Mrs Smith reaffirmed the Town's need for more rental housing and hoped
BIDC would do the best they could for the Town.
Mrs. Flemings asked if they still felt their market was non -family, that is young
and retired singles and couples. Mr. Ullian said they felt it was.
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Minutes of November 4, 1985 Page 5
Mr. Ullian felt BIDC has heard most of the concerns from the various Town boards
and committees, and they are now working toward integrating as many of these
requests as possible into the proposal. He would like to have a forum including
the interested boards, commissions and committees, and suggested that applying to
the Board of Appeals for the Comprehensive Permit could provide such a forum.
They will try to satisfy as many concerns as possible of the Housing Needs Advi-
sory Committee, the Planning Board and the Conservation. They also feel that BIDC
is about at the stage of meeting with contractors to try and get some idea of
the costs involved.
Mr. Spencer felt 6 three bedroom units is a very small percentage of 126 units.
Mrs. Klauminzer felt her committee should be preparing what they think should be
on the table. Mrs. Smith questioned whether 14 years of rental was sufficient
for the Town's needs.
Mrs. Smith felt they did not have to rush to file with the Board of Appeals; she
added that most concerned citizens, Town officials and members of committees and
boards still felt that bringing this proposal before Town Meeting was the only
proper way to handle the application. She suggested BIDC meet again in a couple
of weeks with the HNAC, the Planning Board and the Conservation Commission before
proceeding to the Board of Appeals. All agreed to meet Monday, November 25,
1985, at 8:30 as part of the regular Planning Board meeting to hear BIDC's hous-
ing proposals. Mrs. Flemings suggested the developer bring well -detailed wetland
maps of the area.
REPORTS
254. Planning Director
a. Bowman School footpath: Mr. Bowyer asked which member will present the
footpath article for the Board. He will check with Town Counsel to see what
needs to be presented by the Board to Town Meeting and the State
Legislature.
b. North Lexington Traffic proposal: The Board discussed various ideas for
achieving access for the eight homes fronting on Hartwell Avenue.
c. The Hamptons and Graystone subdivisions:
draft letter to Mr. Smith dated 11/4/85 re
and certification of action.
The meeting adjourned at 10:28 p.m.
The Board approved sending a
violations of the special permit
Clem