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HomeMy WebLinkAbout1986-09-04u 1 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