HomeMy WebLinkAbout1986-10-20PLANNING BOARD
MINUTES OF OCTOBER 20, 1986
The meeting of the Lexington Planning Board, held in Room G-15, was called to order
at 7:42 P.M. by the Chairman, Mrs. Uhrig, with members Klauminzer, Sorensen, Wood,
Planning Director Bowyer, Assistant Planner Rawski and Secretary Peters present.
Mr. Cripps was absent.
249. Minutes of September 4 and October 6, 1986: The Board reviewed the minutes of
September 4, 1986. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer it
was voted unanimously to approve the minutes of September 4, 1986 as written.
The Board reviewed the minutes of October 6, 1986 and made corrections. On the
motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted unanimously to
approve the minutes of October 6, 1986 as corrected.
******************* ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS **********
250. APPLICATIONS TO THE BOARD OF APPEALS: The Board reviewed the following appli-
cations to the Board of Appeals for November 13, 1986:
Wood Street & Hartwell Ave., Katandin Woods Ltd. Partnership, six month extension
of the comprehensive permit to construct and operate a residential development:
The Board agreed to change its recommendation, to make no comment, contained in
' their letter to the Board of Appeals dated October 8, 1986. The Board agreed to
recommend instead that the applicant be granted only one extension of not more than
six months, in the interest of getting the development, with its affordable hous-
ing, underway as soon as possible.
29 Peacock Farm Road, Marvin & Marilyn Litvak, Variance, side and front yard set-
backs: The Board agreed to recommend the applicant be required to plant additional
screening along the side yard lot line.
453 Concord Ave., The Cotting School, Inc., SP, addition: When the Board started
to review this application, they agreed there was not enough information available
to do justice to the review of a development with 67,000 square feet of floor
space. They understood that the Zoning By -Law required for only a special permit,
and recommended that the applicant be required to provide information similar to
that required for a special permit with site plan review. If more information
becomes available, the Board will try to complete its recommendation on this appli-
cation at its next scheduled meeting on November 3, 1986.
The Board agreed to make no comment on the following applications:
24 Lincoln Street, Robert D. Bradley C/O Precision Teams, SP to sell Christmas
trees.
959 Waltham Street, Lexington Lodge of Elks, temporary SP, for trailers used
for the distribution of telephone books.
11 Nichols Road, Lawrence J. & Aileen Makovich, SP, addition
58 Oak Street, Jon & Myla Kabit-Zinn, variance, minimum yard setback on a
secondary street
34 Tyler Road, Javad Fakharzadeh, SP, inground pool.
Minutes of October 20, 1986 Page 2
ZONING MAP
251. Ridge Road, Request for Correction of List of Unaccepted Streets:
Mr. Richard Gilman, attorney, addressed the Board on behalf of the Ridge Road
residents. He asserted:
1) that Ridge Road exists in the field, is passable, has street signs and is
fully serviced by the Town;
2) that the designation of Ridge Road as a non -street is the same as calling
it a paper street, which .makes the property along it worthless, i.e, they are
unable sell or improve their property, unless a subdivision plan is approved;
3) that the Semonians have paid taxes since 1952; and
4) civil rights guaranteed by the 5th and 14th amendment have been lost due
to this action by the Board.
He reported the developer, Robert Johnson, had offered to widen the road and in-
stall services, and was not permitted to do this. He asked the Board to reconsider
their "arbitrary" categorizing of Ridge Road as a non -street.
Mr. Sorensen asked if anyone had been denied a building permit to add on or to
improve their property, and said that it was his understanding that existing dwell-
ings could be added to or remodeled as long as the requirements of the Zoning By -
Law were followed. No one in the audience indicated they had been denied a
building permit to add to their house. He noted Mr. Johnson, the developer, is not
being discriminated against, but only being asked to conform to the "Rules and
Regulations" of the Town, as is required by every other developer doing business in
Lexington.
Mr. Bowyer noted the classification of streets applies only to new development for
the purposes of zoning. Property owners would be entitled to the same Town
services as people living on unaccepted streets with the exception of the ability
to obtain a building permit for a new dwelling. He said he had never heard of the
interpretation given by Mr. Gilman, that a person would have to file a definitive
subdivision plan to obtain a building permit for an addition and doubted that wo
the case.
In response to the Board's question why had he not filed a definitive subdivision
plan, Mr. Johnson, said the subdivision process was too costly and unnecessary
since he felt the road should be designated as an unaccepted street. He added he
had submitted plans in May that were returned to him without being considered.
In response to a question from Mrs. Semonian as to why they were not notified when
the street designation was made, Mrs. Uhrig said there were hundreds of lots on
unaccepted streets and "non -streets", and it was impossble to notify everyone.
Joyce Miller, Chairman of the Conservation Commission, commented the Commission has
concerns since driveways or a subdivision road would have to cross wetlands to
reach higher buildable land, which they would be reluctant to permit, and that
better access to the Semonian property would be from Lowell Street. She added the
Conservation Commission is the principal abutter on the opposite side of Ridge Road
and would be concerned about potential increased drainage onto their land from new
construction. She added the Conservation Commission had received no plans or
applications on this proposal.
Minutes of October 20, 1986 Page 3
James Sherman, 14 Ridge Road and a resident of Lexington for 36 years, said the
designation of Ridge Road as a non -street had deprived him of his rights to build
another home on his land. Mr. Sorensen noted that Ridge Road must have had and
maintained, a status as an unaccepted street for the lots to be buildable, and that
even if the designation were changed, the lots would no longer be "grandfathered".
In response to a question, Mr. Bowyer said that for a number of years the Planning
Board has exercised the responsibility assigned to it by the Zoning Act and Zoning
By -Law to make a determination that a way in existence on April 4, 1948 has, "in
the opinion of the Planning Board, sufficient width, suitable grades and adequate
construction", as outlined in the MGL Chapter 41, Section 81L. In making the
determination for the category "c", unaccepted streets, the Board reviewed all the
rights-of-way in town, grouped them into two categories - unaccepted streets and
non -streets, and adopted criteria to determine which rights-of-way are to be desig-
nated as unaccepted streets. Driveways, roads, drives and paper rights-of-way
which do not meet the criteria are classified as non -streets.
Later in the evening the Board agreed to reaffirm the status of Ridge Road as a
non -street. On the motion of Mrs. Wood, seconded by Mrs. Klauminzer, it was voted
4-0-0 to reaffirm the status of Ridge Road as a non -street because it does not meet
the criteria adopted by the Board for an unaccepted street.
PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW
' 252. Form A/86-23, 64-98A & 64-98B Larchmont Lane, Philip Tropeano: Mr. Bowyer
reviewed a plan showing two lots with sufficient frontage and area as required by
the Zoning By -Law. 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. (Middlesex
County) dated October 7, 1986, by BSC - Bedford, certified by Donald J.
Forand, Professional Land Surveyor, with application Form A/86-23, by Philip
L. Tropeano, applicant.
253. Form A/86-24, Walnut Street, Robert E. Phelan: Ms. Rawski reviewed a plan
showing four lots, creating one lot (Lot4-14C4) without legal frontage, containing
the note: "Lot 4-14C4 is not a legal building lot and is for descriptive purposes
only." On the motion of Mr. Sgrensen, seconded by Mrs. Klauminzer, it was voted
unanimously:
to not endorse the plan entitled "Plan of Land in Lexington, Mass. (Middlesex
County)" dated September 30, 1986, by BSC - Bedford, Donald J. Forand, Profes-
sional Land Surveyor, with application form A/86-24, by applicant Robert E.
Phelan, because the plan creates a lot without legal frontage on a street.
SUBDIVISIONS
254. Greystone, non -complying curbing, reduction of surety: Ms. Rawski reported
the Engineering Department has notified the Planning Department that curbing is
being installed that is not to Town standards. The Board discussed various methods
of having the work done correctly, and agreed not to release any surety until the
Town Engineer reports that the curbing has been correctly installed.
Minutes of October 20, 1986 Page 4
255. Grassland Street Development, off Grassland Street, Robert E. Phelan: The
Board reviewed a letter from Mr. Phelan, received by the Planning Department on
October 20, 1986, requesting an extension of time for action by the Board. On the
motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0-0 to grant an
extension of time for action by the Board until November 30, 1986.
******************* ARTICLES FOR 1987 TOWN MEETING ***********************
256. Waltham Street, RD, DeVincent property: Mrs. Uhrig noted that under the
Planning Board's Policy and Guidelines for RD, CD Rezoning Petitions, the Board has
an obligation to respond to the Sketch Plan prepared by Messrs. Davies and Spinks
for the Arthur DeVincent property off Waltham Street. The plan would rezone the
property from RO to RD at the next Annual Town Meeting. The Board commended the
site analysis and design proposal, noting this was the best solution they had
seen to date. However, members expressed concerns over the timing and the scale of
the proposal. They also discussed the political implications of Board support for
a rezoning in the South Lexington area near the Choate-Symmes residential develop-
ment, which was rezoned at last year's Town Meeting. The Board agreed they could
not support this rezoning proposal for the 1987 Annual Town Meeting, and approved,
with corrections, a letter from the Board to Mr. DeVincent stating its reasons.
********************* INTER -TOWN COORDINATION *****************************
257. HATS Memorandum, North Lincoln Development Proposal The Board discussed a
draft letter from the Selectmen to Ms. Fargo, Chairperson of the Lincoln Board of
Selectmen, and Ms. Delori, Chairman of the Lincoln Planning Board. Mrs. Uhrig
reported that HATS has agreed to comment after the Lincoln Town Meeting vote on the
proposal. In their draft letter, the Lexington Selectmen proposed that the devel-
opment be confined to providing affordable housing, and that no commercial develop-
ment be included in the plan.
A poll of the Board revealed they were split 2-2 as to whether or not to support
the commercial development portion of the proposal, so the Board agreed they could
support only the portion of the proposal that would provide affordable housing.
The Board agreed to send a letter stating this to Ms. Fargo and Ms. Delori, using
the first three paragraphs of the Planning Board's draft letter, dated October 20,
1986.
******************************* REPORTS **********************************
258. Planning Board, Subcommittees:
a. HNAC: In response to a question from Mrs. Uhrig, Mrs. Klauminzer report-
ed there had been some response to the Committee's appeal for new members.
The meeting was adjourned at 10:06 p.m.
U
Martha Wood, Clerk