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PLANNING BOARD
MINUTES OF SEPTEMBER 4, 1986
The meeting of the Lexington Planning Board held in Room G-15, Town Office
Building, was called to order at 7:33 by the Chairman, Mrs. Uhrig, with members
Cripps, Klauminzer, Sorensen, Wood, Planning Director Bowyer and Assistant
Planner Rawski present.
214. Minutes for August 4 and 18, 1986: On the motion of Martha Wood, second-
ed by Mrs. Klauminzer, it was voted unanimously to approve the minutes of
August 4, 1986, as corrected.
On the motion of Mrs. Wood, seconded by Mrs. Klauminzer, it was voted unani-
mously to approve the minutes of August 18, 1986 as corrected.
********************* ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *********
PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW
215. Form A/86-19, 90 North Hancock, Jeffrey B. Hodgdon: The Board reviewed a
plan showing the division of a parcel of land into two lots, one fronting on N.
Hancock St. and one fronting on Blake Road in the RS Zone, both lots meeting
the frontage and acreage requirements of the zone. On the motion of Mr. Soren-
sen, seconded by Mrs. Klauminzer, it was voted unanimously:
to endorse the plan entitled "Plan of Land in Lexington, Mass." dated
August 19, 1986, by John R. Snelling, Professional Land Surveyor, with
application form A/86-19, applicant Jeffrey B. Hodgdon, as it does not
require approval under the Subdivision Control Law.
216. APPLICATIONS TO THE BOARD OF APPEALS
Martha Wood gave an oral report on the applications listed below which are
scheduled for hearings on September 11, 1986.
30 Grove Street, Eleanor and James Cosgrove, modification of a variance to
remove the condition that the property can only be occupied by William J.
Cosgrove or members of the family: The Board noted that if the square
footage of the dwelling were over 2500 sq ft, the dwelling could qualify
as either an accessory apartment or a two-family dwelling. If this were
the case the Board would be inclined to support the application. The
staff will get this information before the recommendation is submitted.
8 Woodland Road, James Fiore, variance, side yard setback: The Board
recommended against the variance, since no evidence of hardship has been
demonstrated. Other alternatives may be available on the site, that do
not encroach into the setback, as this proposal does.
SUBDIVISION OF LAND
217. Beechwood Lane Subdivision, Hill Street, Leonard Colwell: On the motion
of Mrs. Wood, seconded by Mrs. Klauminzer, it was voted unanimously to grant
the request of Leonard Colwell in a letter dated September 2, 1986, that he be
allowed to withdraw, without prejudice, his application for approval of a
definitive plan for a subdivision at 88 Hill Street.
Minutes of September 4, 1986 Page 2
1 218. The Hamptons off Concord Avenue: On the motion of Mr. Sorensen seconded
by Mr. Cripps, it was voted unanimously to approve the release of lots 3, 4, 5
and 6 for building, and to endorse the Release of Lots Form dated 9/4/86.
219. Graystone, Boyd -Smith, Inc.: The developer has requested that the Swale
across lots 1, 9 and 10 not be constructed and be removed from the plan. When
the abuttors on Worthen Road East realized that the construction of the Swale
would cut a 20 foot wide swath through existing trees and vegetation, they
requested that the swale be eliminated.
Ms. Rawski reported that the Town Engineer recommends that the Swale not be
constructed at this time but that the swale should not be removed from the
plan. He believes a decision on whether to construct or not should be deferred
until after the houses on the south side of Dover Road are constructed.
Mr. Sorensen made a motion to inform Boyd -Smith that the Board will not require
that the swale be constructed at this time, but may require that it be con-
structed in the future depending upon the recommendation of the Town Engineer.
The motion was not seconded and it was agreed to defer action on this item as
it would leave the situation cloudy. The staff should confer with the Conser-
vation Commission to determine whether they believe the Swale could be elimin-
ated, and consult with the Town Engineer to develop a procedure so that the
responsibilities of the developer in the future are clearer.
220. "Development pm Regulations:" Mr. Bowyer distributed an outline showing
how, in three stages, the subdivision "Rules and Regulations" would be changed
to "Development Regulations". The outline showed which sections from the
Subdivision Rules and Regulations would be repealed and which would be tempor-
arily retained until further amendments could be made.
He also distributed changes in the wording of the Development Regulations
proposed after review by Town Counsel.
The Board reviewed the draft of Section 5, dated August 25, 1986, and made a
number of editing changes. On the recommendation of Town Counsel it was agreed
to delete the sentence in the third paragraph of Section 5.3.5 that deals with
the Board's intent to review plans in less than the maximum time permitted by
the applicable statutes.
The Board agreed that several sections of Sections 5.3.8 and 5.4.7 dealing with
"approval not required" plans needed to be revised so that the terms "subdivi-
sion" and "lot" are made more technically correct. In general, the language
will refer to changes in lot line and "parcels" rather than "lots" so that it
does not appear that the Board is making a determination that a particular
parcel is a building lot for zoning purposes. On the suggestion of Town Coun-
sel it was agreed to add to Sections 5.4.3.b.5 and 5.4.4.b.4 two new sentences
' which clarify the responsibility of the Planning Director and of the Planning
Board in determining whether a submitted plan is complete.
The Board agreed that while it had agreed on the changes that should be made,
it would not vote on the amendments at this time. The staff is asked to pre-
pare a "clean copy" with all the amendments and changes included, in anticipa-
tion of the Board voting approval of the whole package at the meeting on
September 8.
Minutes of September 4, 1986
Page 3
' It was agreed that the fee for the purchase of the Development Regulations
should be $20.00.
221. Grassland Street Development: Ms. Rawski briefed the Board on the subdi-
vision plan which is scheduled for a Public Hearing on September 8, 1986. She
pointed out the major features of the plan and the waivers requested.
222. Pheasant Brook, Section II: Ms. Rawski briefed the Board on the subdivi-
sion plan which is scheduled for a Public Hearing on September 8, 1986. She
pointed out the major features of the plan and the waivers requested.
************************* PLANNING BOARD OPERATIONS *************************
223. Letter from District Attorney Re Open Meeting Law: The Board reviewed a
letter from District Attorney Harshbarger dated August 19, 1986, relative to
alleged violations of the Open Meeting Law by the Planning Board contained in a
letter from Christina Pesce. District Attorney Harshbarger's letter commented:
1) on the need to post a notice when the Board moves from one room to another,
and to announce the fact that it is moving, 2) to change its meeting location,
if possible, if there are more people in attendance than can be accommodated in
the room in which the meeting is then being held and 3) to be careful, in its
discussion of draft documents, to comment in a way that the public in attend-
ance can understand the issues being discussed. The Board reviewed a draft of
a letter responding to District Attorney Harshbarger commenting on its greater
understanding of the subtleties of the Open Meeting Law as a result of the
allegations made.
*x**************************** REPORTS *********************************
224. Planning Board Members, Subcommittees:
a. Selectmen's Meeting for Chairmen of Town Boards and Committees: Mrs.
Uhrig reported the Selectmen had presented a summary of the past
year's accomplishments at a meeting of the chairmen of all boards and
committees and outlined some objectives for the coming year.
b. Minutemen Bikeway: Mrs. Wood reported that release of the funds for
the construction of the Minuteman Bikeway along the railroad right-
of-way through Arlington, Lexington and Bedford, was announced at a
recent meeting.
C. Franklin School: Mrs. Wood distributed copies of the report from the
Greater Boston Community Development Corp. on the procedures for the
selection of tenants and a breakdown on the composition of occupants
of the newly renovated building.
The meeting was was adjourned at 9:42 p.m. ?
Martha Wood, Clerk