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HomeMy WebLinkAbout1986-08-04PLANNING BOARD MINUTES OF AUGUST 4, 1986 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7:46 p.m. by the Chairman, Mrs. Uhrig, with members Cripps, Klauminzer, Sorensen, Wood, Planning Director Bowyer, Assis- tant Planner Rawski and Secretary Peters present. 183. Approval of Minutes: On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted unanimously to approve the minutes of June 23, 1986, as written. **************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *********** PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 184. Form A/86-14, Paul Goldstein, Turning Mill Road and Grimes Road: Mr. Bowyer explained that the plan was filed on July 17 which was more than the 14 days before the Board's next scheduled meeting. The statute allows only 14 days during which the Board must take action on a Form A; the time elap- sed on July 31, 1986. Mr.Bowyer said that he and Ms. Rawski had checked the plan carefully to see that it was one that the Board could endorse; it was a very routine plan. The applicant did not want to wait for the Board to meet on Monday, August 4, so he submitted the plan to the Town Clerk for endorse- ment under the provisions of Section 81-P of M.G.L. Chapter 41. ' Mr. Bowyer recommended that the Board have some procedure in its rules to cover this type of situation so that it is not necessary to convene a meet- ing to act on a Form A. The majority of the Board agreed that the Planning Director could be authorized to endorse a plan in behalf of the Board after consultation with the Chairman. Mr. Sorensen commented that in the future he would prefer to be contacted that the time for action on a Form A is going to run out, rather than letting the "approval not required" applica- tion be endorsed by the Town Clerk, "by default". 185. Form A/86-15, Rowena H. Robinson, Hancock Street: Ms. Rawski reported that the plan had been before the Board and endorsed in January as Form A/86-1, but never recorded, since some interior lot lines were revised to avoid wetlands. She added the frontage and acreage met the requirements of the zoning district. 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. (Middle- sex County), dated July 15, 1986, by BSC -Bedford, certified by Donald J. Forand, Professional Land Surveyor, with application form A/86-15, applicant Rowena H. Robinson, as it does not require approval under the Subdivision Control Law. 186. Form A/86-16, Timothy Harrington, Lowell Street: Ms. Rawski reported that the two lots, fronting on Lowell Street, were part of a preliminary subdivision application, called Birchknoll Terrace, that had previously been denied by the Board. Most of the subdivision was in Woburn, and, at that time, there was no access to the subdivision from Woburn. The developer has since gained, access for the rest of the subdivision from Woburn, and has split the two lots fronting on Lowell Street in Lexington from the rest of Minutes of August 4, 1986 Page 2 the subdivision for separate approval as "approval not required lots". The two lots in Lexington meet the frontage and acreage requirements of the zoning district in Lexington. On the motion of Mr. Sorensen, seconded by Mr. Cripps, it was voted unanimously: to endorse the plan entitled "Birchknoll Terrace Plan of Land in Lex- ington, Massachusetts," dated July 24, 1986, by Bethel, Duncan & Asso- ciates Inc., certified by David A. Duncan, Registered Professional Engineer, with application form A/86-16, applicant Timothy Harrington, as it does not require approval under the Subdivision Control Law. 187. Form A/86-17, F. William Smith, Dover Lane: Ms. Rawski reported they were changing an interior lot line from the previously approved Graystone subdivision, to change the location of a house, and still conform to setback requirements of the zoning district. The lot continues to conform to the frontage and acreage requirements of the zoning district. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unanimously: to endorse the plan entitled "Plan of Land in Lexington, Mass., dated July 22, 1986, by Hayes Engineering, Inc., certified by Edward E. Stearns, Registered Land Surveyor, with application form A/86-17, applicant F. William Smith, Trustee, as it does not require approval under the Subdivision Control Law. 188. Form A/86-18, Ruth Morey, by her Attorney Thomas G. Taylor, 90 North Hancock Street: Mr. Bowyer reported the plan is a confirmation of existing lot lines, as the applicant did not have a good survey plan. On the motion ' of Mr. Sorensen, seconded by Mrs. Wood, it was voted unanimously: to endorse the plan entitled "Plan of Land in Lexington, Mass.", dated July 10, 1986, done by and certified by John R. Snelling, Professional Land Surveyor, with application form A/86-18, applicant Ruth Morey, as it does not require approval under the Subdivision Control Law. 189. APPLICATIONS TO THE BOARD OF APPEALS Mrs. Wood gave an oral review of the Board of Appeals hearings scheduled for August 14, 1986: 23 Appletree Lane, Valentine J. Tocci, Variance, structure for enclosed swimming pool: Mrs. Wood reported this is a small irregularly shaped lot that already has a tennis court as well as a residence on it, adding that the proposed structure, would be 50 feet long and 7.5 feet from the lot line. The Board felt that such a large structure would greatly impact abutting properties, and that no hardship imposed by the Zoning By -Law had been demonstrated. On the motion of Mr. Sorensen, seconded by Mrs. Klau- minzer, it was voted unanimously to recommend the application for a variance be denied. 140 Emerson Gardens, East Village Nursing Home, SP, sign: Mrs. Wood report- ed she had driven by and found the existing sign to be small and difficult to see, because of its location along the road, and that the application for a new sign would alleviate the problem. On the motion of Mrs. Wood, second- ed by Mrs. Klauminzer, it was voted unanimously to recommend the application be approved. Minutes of August 4, 1986 Page 3 365 Concord Avenue, Bella Markarians, SP, convert one -family dwelling to two-family dwelling. Mrs. Wood reported this is the only corner not zoned for commercial use at the Waltham Street/Concord Avenue intersection. The Board agreed this would be a good use for the property since it stabilizes the corner without creating additional traffic that a rezoning to commercial use would create. However, the dwelling does not appear to contain 2500 sq. ft. as required by the Zoning By-law to permit conversion to a two-family dwelling. The Board suggested the remedy for this would be to apply for a variance allowing the conversion. On the motion of Mrs. Wood, seconded by Mrs. Klauminzer it was voted unanimously to recommend approval of the appli- cation with the observation that a variance is required for the floor area. On the motion of Mrs. Wood, seconded by Mr. Sorensen, it was voted unani- mously to make no comment on the following five cases: 54 Gleason Road, Arthur Berner; SP, continued use of a non -conforming deck 4 Cutler Farm Road, John F. Cook, SP, swimming pool 1845 Mass. Ave., Sebastian's, SP, to make and sell sandwiches 12 Solomon Pierce Road, Bernard Huang, SP, tennis court 5 Audubon Road, Martha and Robert Martin, SP, addition of dormer to nonconforming dwelling SUBDIVISION OF LAND ' 190. Pheasant Brook Section II: Mr. Bowyer reported he had returned the application for a definitive subdivision plan to Kahn -Quinn as it was incom- plete. On the motion of Mrs. Wood, seconded by Mrs. Klauminzer it was voted unanimously to inform Kahn -Quinn that their submission of a definitive plan for the Pheasant Brook, Section II subdivision was incomplete and is not accepted for the reasons set forth in the Planning Director's letter dated July 28, 1986. 191. Graystone, Dover Road: Joel Roos, from Boyd -Smith, went over the revised planting plan for the subdivision, which showed additional planting at the entrance area, as requested by Ms. Rawski. On the motion of Mrs. Wood, seconded by Mr. Cripps, it was voted unanimously to approve the plant- ing plan as prepared by The SWA Group. Ms. Rawski reported the proposed changes to the limit -of -work lines as shown on the revised drawings were acceptable. On the motion of Mr. Sorensen, seconded by Mr. Cripps, it was voted unanimously to approve revised limit - of -work lines as shown on a sheet 2A of the definitive plan dated 7/23/86. Mr. Bowyer reported the developer had completed the steps, outlined in his letter of July 30, 1986, to be completed before the Board could act on the acceptance of surety and the release of lots 2, 4, 5, 7, 10, and 11. On the motion of Mr. Cripps, seconded by Mrs. Wood, it was voted. unanimously: to accept the surety document entitled, "Graystone Prformance Secured By Funds Retained By Lender", dated August 4, 1986, from the State Street Bank and Trust; and to release lots 2, 4, 5, 7, 10, and 11 from the provisions of the covenant and the conditions therein imposed. Minutes of August 4, 1986 Page 4 192. The Hamptons, Hampton Road: Mr. Bowyer reported that he, the Town Manager and Mr. Smith, for Boyd -Smith, had resolved the technical problems that were raised by the Engineering staff and the Planning staff, so the Board can release lot 7, on Hampton Road. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unanimously to release lot 7 in The Hamptons subdivision. 193. Maple Tree Lane Subdivision: Ms. Rawski reported the developer has requested the final release of surety. A memo from the Engineering Depart- ment, dated July 16, 1986, listed two items still to be completed and a recommendation that the surety not be released until the work is done. On the motion of Mrs. Wood, seconded by Mrs. Klauminzer, it was voted unani- mously to deny the request for release of final surety for the Maple Tree Lane subdivision. 194. Farmington Rise subdivision: Ms. Rawski reported the developer has requested final release of surety. A memo from the Engineering Department, dated July 23, 1986 listed three items not completed. On the motion of Mrs. Klauminzer, seconded by Mr. Cripps, it was voted unanimously to deny the request for final release of surety on the Farmington Rise subdivision. 195. Ridge Estates III subdivision: Ms. Rawski reported that all the incomplete items have been completed to the satisfaction of the Engineering and Planning Departments, and the plans are ready for endorsement. On the motion of Mrs. Wood, seconded by Mrs. Klauminzer, it was voted unanimously to endorse the definitive plan consisting of five sheets dated January 30, 1985, last revision dated November 13, 1985. 195. Mason's Hollow Residential Evans, of Guidelines, Inc., who p the development. Mrs. Wood noted at the end of the turn -around was area was already heavily wooded. screening may be on the adjoining there be more planting located at Development: Mark Moore introduced David resented the latest landscaping plan for that the screening that the Board wanted not shown. Mr. Evans observed that the Mrs. Wood replied that the existing property, and the Board had asked that the end of the turnaround. Mr. Moore reported the ponding area/tree loss problem on the south side of the site had been resolved to the satisfaction of all boards concerned; now no trees will have to be removed to accommodate the flood storage area. The Board wants construction details of the footpath shown on the plan. The Board reviewed a draft Certificate of Action, dated July 18, 1986. Mr. Bowyer noted that because much of the material had not been received until the afternoon of this meeting, and the Board's next scheduled meeting is August 18, after expiration of the time for action, the Board may be put in the position of rendering a decision before all the issues (mostly minor) have been resolved. Mr. Sorensen objected to a procedure where there was a great deal of uncertainty and discretion about the plan to be resolved in the future after the Certificate of Action is approved by the Board. The Board agreed to postpone action and schedule an additional meeting for Tuesday, August 12, 1986, at which time all issues should be resolved. Minutes of August 4, 1986 Page 5 TheBoard ag eed t9 wake th follppwing requirements of the "Rules and Regulations overning tie Subdivision of Land in Lexington, Massachusetts": 1. Section 6.5.4: that requires a minor street to have a right-of-way width of 50 feet, and permits Mason's Hollow to be constructed without a right-of-way. 2. Section 7.3.3: that a turnaround with an outside pavement radius of 47 feet be constructed, and permits Mason's Hollow to be developed with an alternate and nonconforming turnaround. 3. Section 7.3.4: that the roadway pavement width be 24 feet wide for minor streets and permits Mason's Hollow to be constructed with a pavement width of 20 feet for the entire length of the interior drive, from Station 0+00 to 4+00. 4. Section 7.3.5: that sidewalks be at least 5 ft. wide and construct- ed of two one inch courses of bituminous concrete and permits Mason's Hollow to construct a sidewalk with a width of no less than four feet and with either brick pavers or bluestone as the surface material. 5. Section 7.3.6: that requires 12" wide bituminous concrete berms, sloping down towards the roadway 3" in 12" and permits Mason's Hollow to be constructed without bituminous concrete berm. 6. Section 7.3.9: that requires granite curb inlets to be installed at all catch basins and permits Mason's Hollow to be constructed without granite curb inlets. 7. Section 7.8: that requires three trees to be planted on each lot, and permits Mason's Hollow to be landscaped in accordance with the submitted landscape plan showing additional plantings at the end of the interior drive to serve as a buffer. 8. Section 7.9: that a fire alarm circuit be constructed within a development, and permits Mason's Hollow to be developed without a fire alarm circuit. The staff will prepare a final draft for the Board's signatures next Tuesday August 12, 1986. 196. Turning Mill Road, Toga Property: Frank DiPietro, of BSC - Bedford, presented a plan for a two -lot subdivision that would provide legal frontage for both lots off a roughly 200 foot road with a non -conventional turn- around. The Board commented the plan was an improvement over the previous plans, despite the irregular frontage, adding they would insist on a 24 foot pavement. Mrs. Uhrig noted the roadway was closer than 50 feet to wetlands, and the Conservation Commission would have problems with that. 198. Beechwood Lane, off Hill Street: Ms. Rawski reported she had walked the property; that it was beautiful land; and the proposed plan does not utilize the site well. Mr. Bowyer noted the definitive plan application was filed without any preliminary review even though the engineer was advised to bring in a preliminary plan. The definitive plan submission is incom- plete. He added that Richard Swain, of BSC - Boston has now asked to meet with the staff. He recommended that the Board act on the application as submitted and that it should be denied. Mr. Sorensen observed the roadway would be steep and north -facing. The public hearing will be held August 18, 1986. Minutes of August 4, 1986 Page 6 199. Development Regulations: The Board reviewed Sections 1, 5 and 8 of the draft development regulations, (as of 8-4-86) and made a number of sugges- tions. Mr. Sorensen requested check lists at the beginning of each section. Mrs. Klauminzer asked where all the additional material in Section 5 came from. Mr. Bowyer answered most came from experience with applications in Lexington and problems that have occurred, some came from other communities and some from planning literature. He added that Roz Delori had roughed out the first draft. A public hearing will be held on August 18, 1986. ******************************* REGIONAL ISSUES 200. Hanscom Field Environmental Report: The report was distributed to the Board for their review and comments. ******************************* REPORTS *********************************** 201. Planning Board, Subcommitees a. Recent Decisions from the Board of Appeals: Mr. Sorensen reported that the Board of Appeals granted a special permit for the addi- tion of a function room in the lower level of Arty's restaurant, 177 Mass. Ave., and had denied a special permit to construct a one-story addition to the existing non -conforming commercial building at 153 North Street. The meeting was adjourned at 11:25 p.m. c Martha C. Wood, Clerk