HomeMy WebLinkAbout1986-09-08PLANNING BOARD
MINUTES OF SEPTEMBER 8, 1986
The meeting of the Lexington Planning Board held in Room G-15, Town Office
Building and Estabrook Hall, Cary Hall, was called to order in Room G-15, at
7:32 by the Chairman, Mrs. Uhrig, with members Cripps, Klauminzer, Sorensen,
Wood, Planning Director Bowyer, Assistant Planner Rawski and Secretary Peters
present.
224. Approval of Minutes: On the motion of Mrs. Wood, seconded by Mr. Cripps,
it was voted unanimously to approve the minutes of August 12, 1986, as
written.
***************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************
PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW
225. Form A/86-14, Paul Goldstein, Turning Mill Road and Grimes Road: Mr.
Bowyer explained this was the plan that was endorsed by the Town Clerk (see the
minutes of August 4, 1986) because the time period in which the Board had to
act had elapsed. The applicant now wishes to have the plan endorsed by the
Planning Board as well. On the motion of Mrs. Wood, seconded by Mr. Sorensen,
it was voted unanimously:
to endorse the plan entitled "Plan of Land in Lexington, Mass. (Middlesex
County)" dated June 27, 1986, by BSC - Bedford, certified by Donald J.
Forand, Professional Land Surveyor, with application form A/86-14, appli-
cant Paul Goldstein, as it does not require approval under the Subdivision
Control Law.
226. Form A/86-20, Jerome Polcari, Lincoln Street: The Board reviewed a plan
showning two parcels of land separated by Route 128 in which no lot lines were
changed. On the motion of Mrs. Wood, seconded by Mr. Cripps, it was voted
unanimously:
to endorse the plan entitled "Plan of Land in Lexington, Mass." dated July
29, 1986, by the Malcolm N. Johnson Company, certified by Malcolm N.
Johnson, Professional Land Surveyor, with application form A/86-20, appli-
cant Jerome Polcari, atty. for the owners, as it does not require approval
under the Subdivision Control Law,
with the addition of a note saying: "The above endorsement is not a determina-
tion by the Planning Board as to conformance with zoning regulations".
227. Form A/86-21, Pheasant Brook Estates, Inc., Maple Tree Lane: The Board
reviewed a plan showing a revision of lot lines resulting in two parcels both
with sufficient frontage and area on existing improved private ways. On the
motion of Mrs. Wood, seconded by Mr. Sorensen, it was voted unanimously:
to endorse the plan entitled "Plan of Land in Lexington, Mass." dated
September 5, 1986, by T 6 M Engineering Associates, Inc., certified by
Erland S. Townsend, Jr., Professional Land Surveyor, with application form
A/86-21, applicant Pheasant Brook Estates, Inc., as it does not require
approval under the Subdivision Control Law.
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Minutes of September 8, 1986 Page 2
228. Form A/86-22, Pheasant Brook Estates Inc. Solomon Pierce Road: Mrs.
Uhrig asked the developer for an explanation of the application, since it
appeared to be very complicated. In answer to a question from Mr. Bowyer, Mr.
McDowell explained they created two lots both having 150 feet of frontage on
Solomon Pierce Road, one lot having 11.5237 acres, including two unregistered
parcels, A & B. and the other lot having 23.6376 acres. 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. dated
November 26, 1985, by T & M Engineering Associates, Inc., certified by
Erland S. Townsend, Jr., Professional Land Surveyor, with application form
A/86-22, applicant Paul Quinn, as it does not require approval under the
Subdivision Control Law,
with the addition of two notes saying: 1) "Planning Board endorsement under
the Subdivision Control Law should not be construed as either an endorsement or
an approval of Zoning Lot Area Requirements," and 2) "Note: Lot A (.9608 Ac.)
and Lot 44 are of contiguous ownership."
229. Adoption of Development Regulations: Mrs. Klauminzer noted and the Board
agreed, that in Section 2, the sixth definition should read "THESE REGULATIONS:
the 'Development Regulations' as adopted and amended by the Planning Board."
On the motion of Mrs. Wood, seconded by Mrs. Klauminzer, it was voted unani-
mously to adopt the seven amendments as listed on the attached paper entitled:
"PROPOSED AMENDMENTS TO 'SUBDIVISION RULES AND REGULATIONS' TO CREATE 'DEVELOP-
MENT REGULATIONS"dated 9/8/86, and to adopt the document "DEVELOPMENT
REGULATIONS" as amended.
******************* CONSTRUCTION OF UNACCEPTED STREETS **********************
230. CUS/86-1 & 2, Earl Street, release of sure
eering Dept., dated August 22, 1986s it
the improvements in compliance with the
tions. On the motion of Mr. Sorensen,
voted unanimously to release the surety
Street.
was stat
approved
seconded
held for
ty: In a memo from the Engin-
ed Mr. Herring had completed
plan and standard specifica-
by Mrs. Klauminzer, it was
the improvements to Earl
**************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************
231. APPLICATIONS TO THE BOARD OF APPEALS: Mrs. Wood gave an oral report on
the following applications to be heard on September 11 and 26, 1986:
30 Grove Street, James & Eleanor Cosgrove, modification of variance to
permit the two-family dwelling to be occupied by non-members of the
Cosgrove family: The Board agreed they had no objection to the applica-
tion since the dwelling contains more than the 2500 sq ft required for
either a two-family dwelling unit or an accessory apartment. On the
motion of Mrs. Wood, seconded by Mr. Sorensen, it was voted unanimously to
recommend approval of the application.
365 Concord Avenue, Bella Markarians, Variance, to construct a two-family
dwelling in an RO Zone: Because the other three corners of the intersec-
tion are zoned neighborhood business, the Planning Board continues to
believe this is an appropriate use of this property. On the motion of
Mrs. Wood, seconded by Mr. Cripps, it was voted unanimously to recommend
in favor of the application.
Minutes of September 8, 1986
Page 3
4 Jean Road, John Brotherston, variance, setback requirements to construct
a garage with 2 bedrooms above: The Board agreed not to support the
application because it appeared that additional bedroom space could be
added by moving the addition, out of the setbacks. On the motion of Mrs.
Wood, seconded by Mrs. Klauminzer, it was voted unanimously to recommend
against the variance.
On the motion of Mrs. Wood, seconded by Mrs. Klauminzer, it was voted unani-
mously to make no comment on the following applications.
221 East Emerson Road, Michael Rubin, SP. swimming pool.
30 Shirley Street, Robert Knowlton, variance, to maintain an existing
nonconforming structure.
SUBDIVISION OF LAND
232 PUBLIC HEARING: Grasslands Street Development, off Grassland Street,
Robert E. Phelan: Mrs. Uhrig opened the hearing at 8:06 by reading the legal
notice and describing the Board's procedure for conducting the hearing.
Gary Larson, landscape architect with Larson Associates, reviewed the previous
plan layout for eight lots noting the problems with it, and went through the
site analysis for this proposal. He said they were requesting the Board grant
two waivers: 1) installation of a fire alarm circuit, and 2) preparation of a
' traffic study. In response to a question from Mrs. Wood, he said the sidewalk
would be along the right side of the road.
Robert De Wolfe, engineer with Larson Associates, went over the drainage system
proposed for the development. In response to questions from Mr. Bowyer, he
said the 24 inch pipe entering the development from the west is part of the
Town drainage system, and 2/3 of the site will drain into the westerly deten-
tion pond, where the velocity of the flow off-site will be controlled by a pair
of pipes, before crossing under the proposed street into the easterly detention
pond, then under Grassland Street into an existing swale in a Town easement on
the Bray property.
Nancy Bray, 52 Grassland Street, read a letter from approximately 60 neighbors
and residents who are opposed to the development. She also stated she has
written the Planning Board, with copies to the Conservation Commission, the
Director of DPW/Eng. and Town Counsel, about problems with the existing drain-
age which has eroded the swale in and out of the easement on her property,
requesting the drainage be piped through her land, and the swale be covered.
In response to questions from Donna Hooper of 50 Valleyfield Street, Shirley
Hamblin of 7 Winston Road, and Robert and Margo Guertin of 31 Grassland Street,
Mr. DeWolfe commented the developer's first priority was control of the runoff
off-site. He agreed there probably does need to be rebuilding of the swale and
other drainage areas downstream. Their second concern is groundwater and its
effect on the more slowly rising water table. He noted that the increased size
of the retention area should prevent the backup of ground water into the Guer-
tin property. The concept of the design of the drainage system should prevent
new blockages that would cause backups of water, in that the debris would rise
to the surface and the water would flow under.
September 8, 1986 Page 4
Mrs. Wood asked who would be responsible for keeping the drainage system work-
ing, and Mr. Larson answered that if the problem occurred on Town property such
as in the road right-of-way or on conservation land, it would be the responsi-
bility of the Town to correct the problem.
Richard Moriarty, representing Mrs. Philbrook, owner of the property, spoke in
favor of the drainage design and the development. He added that it was the
responsibility of the Town to reconstruct the swale on the Bray property, and
that Mrs. Philbrook should not be held hostage for the Town's responsibility,
and should be able to develop her property.
Mrs. Uhrig declared the hearing closed at 8:58 p.m.
233. PUBLIC HEARING: Pheasant Brook Estates, Section II, off Maple Tree Lane,
Kahn -Quinn: Mrs. Uhrig opened the hearing at 9:03 p.m, by reading the legal
notice and describing the Board's procedure for conducting the hearing.
James McDowell, of T & D Engineering Associates, presented the plan. He re-
ported the developer has acquired the fee in Maple Tree Lane and some land
around it, adding they will widen Maple Tree Lane to conform to subdivision
standards, with sidewalks along one side. He described site conditions of the
parcel which has 41.93 acres, in the RO District. Road grades would be between
1-2%.
They requested the Board grant the following waivers: 1) installation of the
fire alarm circuit, 2) installation of granite throat stones and 3) prepara-
tion of a traffic study.
In response to a question from Mrs. Uhrig, Mr. McDowell noted that all homes
were at least 50 feet from any wetlands. In response to a question from Mrs.
Klauminzer he said the road layouts would require minimal cutting in the upper
cul-de-sac, and a maximum of 5 to 6 feet of cut in the longer road. Mr. Cripps
questioned the sidewalks crossing and recrossing from one side of the street to
the other. In response to a question from Mrs. Uhrig, as to why they went
directly to filing a definitive plan without submitting a preliminary plan, Mr.
McDowell replied this was the developer's wish.
Ms. Rawski noted they were close to exceeding the allowable impervious area
ratio. Mr. Gorovitz, attorney for the developer, said they will include re-
strictions in the deeds to limit the size of the homes so that it will not be
exceeded. Ms. Rawski asked if they had considered a cluster plan, and was told
that market factors did not encourage this.
William J. Messer, 114 Maple Street, reported the Lexington sewage easement, on
Kahn -Quinn property, next to his property was unsightly and subject to flood-
ing. He hoped improvements would be required as a condition for approval of
the subdivision.
Charles Hyde, 97 Maple Street, speaking for his neighbor Mr. Dolham, had con-
cerns about the protection of wetlands around Fessenden Brook.
Mrs. Uhrig declared the hearing closed at 9:40 p.m.
Minutes of September 8, 1986
Page 5
234. North Street, Gallinelli Property: Ms. Rawski reviewed a sketch plan for
a proposed six lot subdivision partially located in Lexington, Burlington and
Woburn. She thought it might be possible to do a cluster plan. The Board
discussed problems that could occur with homes sited in different towns. Mr.
Bowyer said the property could be developed as a cluster development, with all
the homes located in one town, which would prevent the arbitrary carving of lot
lines to satisfy regulations in three towns.
********************************** REPORTS
235. Planning Director
a. Hanscom Field G.E.I.R.: Mr. Bowyer discussed his review and report of
the G.E.I.R. report that he prepared for the Board and the Town Manager,
dated September 8, 1986. The Board agreed to ask why non -aviation devel-
opment was being considered for Hanscom Field for the first time, and they
recommended this development should have to conform to local zoning if
allowed. They also agreed to pursue this through HATS. The Planning
Board is invited to attend the Selectmen's meeting on September 23, 1986
for more discussion on this matter.
The meeting was adjourned at 10:40 p.m.
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Martha Wood, Clerk