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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. 1 1 11 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