HomeMy WebLinkAbout1987-07-27PLANNING BOARD
MINUTES FOR JULY 27, 1987
The meeting of the Lexington Planning Board held in Room G-15, Town Office Build-
ing, was called to order by the Chairman, Mrs. Uhrig, with members Klauminzer,
Sorensen, Williams, Wood, Planning Director Bowyer, Assistant Planner Rawski and
Secretary Peters present.
202. Approval of Minutes: The Board reviewed and corrected the minutes for the
meeting of May 18, 1987. On the motion of Mr. Sorensen, seconded by Mrs. Wood,
it was voted unanimously to approve the minutes as corrected.
The Board reviewed and corrected the minutes for the meeting of June 27, 1987.
On the motion of Mrs. Wood, seconded by Mr. Sorensen, it was voted unanimously to
approve the minutes as corrected.
******************** COMPREHENSIVE PLANNING, POLICIES ********************
DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS
203. Determination of Grade and Construction Policy: The Board met with Town
Engineer Frank Fields, for further discussion of the recent revisions to the
policy. He felt providing for adequate drainage should have the highest priority
when establishing standards for the reconstruction of unaccepted streets. He
' recommended requiring that a closed drainage system be installed before any
paving is begun. He noted that paving can increase the run-off of storm water
into abutting lots when there is no installed drainage system in the road.
Mr. Bowyer reported the Engineering Department had estimated $300 to $500 (on
steeper slopes) per running foot as the cost to bring an unpaved, unnaccepted
street without a drainage system up to Town Standards.
Mrs. Klauminzer expressed concern about the financial burden of complying with
the policy when building only one home on an unaccepted street.
Mr. Williams suggested establishing a fund until there is sufficient money avail-
able to construct the whole street. He said the Dept. of Public Works has begun
to maintain gravel and unaccepted streets, funded by charging a fee to abuttors.
He added he would like to see developers encouraged to put a package together to
construct the unaccepted street totally.
Mr. Sorensen felt this was very administratively and politically difficult, in
part because development of isolated lots may occur over a number of years. He
recommended requiring the drainage system be installed and the street constructed
up to the paving stage.
Mr. Bowyer commented the priority of needs may differ for each unaccepted street,
and suggested general criteria be established and applied to the individual
streets. He suggested one approach would be to require some "x" percentage of
the cost of the home be applied to the construction of the street.
The Board postponed consideration of further revision of the "Policy for the
Construction of Unaccepted Streets Relative to Building Lots", as approved on
July 29, 1987, in order to see how the policy operates as approved.
Minutes for July 27, 1987 Page 2
204. Form A's and Street Construction Standards: The Board discussed the prob-
lem of endorsing a form A plan, showing the layout of lot(s) that conform to the
zoning (frontage and acreage) of the district and that are located on an unac-
cepted street for which adequate grade and construction has not been determined.
It is possible the application for a building permit may be denied if such lot(s)
are later found to obtain their frontage on a street that is determined by the
Planning Board not to be of adequate grade and construction.
Mrs. Wood suggested the Board consider the addition of a note to the Form A plan
if there is any question the road may later be determined to be of inadequate
grade and construction. Mr. Sorensen disagreed, and suggested the Board not
endorse the plan if they feel the street is not of adequate grade and
construction.
On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unanimously
that it will be the position of the Board to not endorse a Form A. with lot(s)
on an unaccepted street unless it is first determined the street is of adequate
grade and construction and conforms to the Board's "Policy for the Construction
of Unaccepted Streets Relative to Building Lots".
1987-88 AFFORDABLE HOUSING POLICY
205. Criteria for Sites for Affordable Housing: The Board reviewed and corrected
a draft entitled "CRITERIA FOR SELECTION OF SITES FOR AFFORDABLE HOUSING", dated
7/28/87, and agreed to send corrected copies to the Selectmen, the Housing Advis-
ory Committee and other applicable boards and committees for their comments.
***************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ***************
PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW
206. Form A/87-19, Meriam Street, Oakmount Circle: Ms. Rawski explained this
application was a resubmittal of Form 87-18, that the Board had refused to en-
dorse because the frontage of one of the three lots was located on a street of
inadequate grade and construction (Oakmount Circle). The plan now shows two
lots both with frontage on Meriam Street and lot area conforming to the zoning
district. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted
unanimously:
to endorse the plan entitled "Subdivision Plan of Land in Lexington, Mass.,
dated June 22, 1987, certified by Albert A. Romano, Registered Land Survey-
or, for applicant John F. Snell with Form A/87-19, as it does not require
approval under the Subdivision Control Law.
SUBDIVISION OF LAND
207. PUBLIC INFORMATIONAL MEETING Carriage Drive, Woodhaven Realty, preliminary
plan: Mrs. Uhrig declared the information meeting open at 9:09 p.m. Approxi-
mately 10 residents attended.
Gary Larson, of Larson Associates and representing the applicant, described the
proposal which will subdivide the approximately 10 acre site into 12 conventional
residential lots. The proposed road alignment makes a connection between Winter
Minutes for July 27, 1987 Page 3
Street and Carriage Drive, with the addition of a cul-de-sac off Carriage Drive.
The approximate length of the cul-de-sac is 250 feet. All of the lots are in
excess of 30,000 s.f. Approximately 18,500 s.f. of land behind lot #9 will be
deeded to the Town for conservation purposes. A walking easement has been pro-
vided between the development and the abutting conservation/recreation land.
In response to a question from Mrs. Uhrig, Mr. Larson said they were requesting
no waivers except for the installation of a fire alarm system.
In response to questions from Mrs. Wood, Mr. Larson said the walking easement to
abutting conservation/recreation will be identified as a path, by fencing or
something to separate it from adjoining private property, and that the drainage
swale easement will be located on private property. In response to a question
from Mr. Williams, Mr. Larson said the walking easement would 20 feet wide.
Genio R. Arciprete, 22 Carriage Drive, asked if there had been a traffic study.
He feared the subdivision road, linking Carriage Drive and Winter Street would
become a high speed short cut for Bedford residents cutting through to get to and
from Route 128. Richard Glantz, 95 Winter Street, expressed fears that it might
become the preferred short cut since the alternate route is more twisting and
steep.
Sheldon Lowenthal, 21 Carriage Drive, asked why they had not considered a cul-de-
sac for the whole development. Mr. Sorensen explained the Zoning By -Law would
not permit a long dead-end street and that the Board's long standing policy is to
connect neighborhood streets whenever it is feasible to do so. He added it was
not the intent of the Planning Board to create speedways, and that it was diffi-
cult to predict the amount of traffic generated on the road in advance.
Mrs. Uhrig recommended the Conservation Commission be contacted to discuss set-
ting wetland boundaries, and Ms. Rawski recommended the Engineering Department be
contacted to discuss the drainage plans.
The informational meeting was adjourned at 9:50 p.m.
208. Wood Street, Rueven Liebhaber, presentation of sketch plan: Gary Larson, of
Larson Associates and representing the applicant, presented the site analysis and
development plan, showing nine dwelling units on approximately six acres, in the
RO residential district. He noted there are four structures existing on the
property; a barn; a building containing two dwelling units with a large garage
underneath; a building containing three dwelling units; and a garage -type build-
ing containing mechanical equipment.
The applicant proposes to develop the property as a cluster or special residen-
tial development for seven single family homes and two "affordable" elderly
apartment units. The existing building containing two units would be retained
for the affordable housing, and the existing three -unit dwelling would be con-
verted to a single family dwelling.
Ms. Rawski noted the maximum allowable density for the site is seven units. She
added that since our current Zoning By -Law does not permit a "density bonus" for
the provision of affordable housing, the proposal would have to go before Town
Meeting to be rezoned to RD to permit the two additional units. She felt the
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major considerations are that this is a very sensitive site, because of the steep
slopes and the large amount of unique planting that should be preserved as much
as possible.
Mr. Williams commented that 9 units were too many units for the site, given the
steepness of the slopes. He added that one could say five units of low/moderate
housing already exist on the site that will be replaced with jumbo houses.
The Board recommended the applicant proceed to the preliminary design stage with
the submitted design under the current zoning regulations, limited to seven
units, and if he wishes, explore the possibility of creating additional afford-
able units on the site.
209. North Hancock Street, Jeffrey Hodgedon, presentation of sketch plan: David
Crispin, BSC - Bedford and representing the applicant, reviewed two options for
development of a two lot subdivision: one showing a standard "lollypop" cul-de-
sac that would would require the destruction of a large amount of established
vegetation, and the other showing the proposed dwelling to the left of the exist-
ing driveway, requiring the relocation of a portion of the existing driveway.
The applicant asked for direction from the Board as to which option they
preferred.
The Board noted the location of the homes on the abutting lots have not been
shown, and they wished to see more topographical and general information shown on
the plan before they could give direction.
210. Busa Farms, A & D Realty Trust, decision on definitive subdivision plan:
The Board reviewed and corrected a draft Certificate of Action approving the Buss,
Farm subdivision. On the motion of Mrs. Wood, seconded by Mrs. Klauminzer, it
was voted unanimously to approve the definitive subdivision plan entitled "Buse
Farms", and to approve the Certificate of Action as corrected.
On the motion of Mr. Williams, seconded by Mrs. Wood, it was voted unanimously to
grant a Special Permit with Site Plan Review for the conventional subdivision
entitled "Buss Farms" and to approve the Special Permit as written.
211. Hampton Road, Boyd -Smith, release of surety: Ms. Rawski reported the Engi-
neering Department has received as -built drawings from the developer, and there
are some minor corrections to be made. She added the Engineering Dept. has
reported that this is all that needs to be done prior to release of surety. On
the motion of Mrs. Wood, seconded by Mrs. Klauminzer, it was voted unanimously to
release the surety being held on the Hampton Road subdivision upon receipt of a
set of as -built plans acceptable to the Engineering Department.
212. Tracer Lane letter, discussion of issues: Ms. Rawski reported letters have
been received from the Lexington police and fire chiefs. Police Chief Furdon
anticipates no problems in providing police service if the project is approved.
Fire Chief Bergeron states the developer has addressed to his satisfaction con-
cerns regarding hydrant spacing, number of hydrants, exits to the rear of the
building and sprinkler water capacity.
Minutes for July 27, 1987 Page 5
Mrs. Uhrig commented the developer's largest problems will be dealing with the
access over the wetlands, and this does not fall under purview of the Planning
Board. Mr. Williams added he sees two problems, water quality and the 650 foot
deadend street. Mrs. Klauminzer expressed concerns about the building setbacks.
213. APPLICATIONS TO THE BOARD OF APPEALS: Mr. Sorensen gave an oral review of
the following three cases to be heard by the Board of Appeals on August 13,
1987.
1-3 Sherman Street, Carmelo Galvagno, Variance and a Special Permit, for
continued use of an accessory apartment in a two-family dwelling: The Board
agreed to make no comment on this application, since they recognize and
support the need for more rental housing units in Lexington, and since the
apartment has been in existence for many years prior to passage of the
Accessory Apartment amendment at the 1983 Town Meeting, in what was once a
two-family zoning district.
However, they noted there could be a technical problem with a petition for a
variance. The two apartments plus the accessory apartment would make a
three-family dwelling, a different use classification (line 1.184 of Table
1) which is not permitted in the RS district. To approve a three-family
dwelling would constitute a use variance, which is not allowed by the Lex-
ington Zoning By -Law. With the fact that it has been a three-family dwell-
ing for a long time, and with the need for apartments for small households,
the Planning Board feels granting a special permit for a nonconforming use
under section 6.4 of the Zoning By -Law might be a better procedure.
The Board also agreed to make no comment on the following applications:
10 Hayes Avenue, Marsha & Kenneth Tucker, Variance and Special Permit, to
enlarge a non -conforming single-family dwelling.
45 Ledgelawn Avenue, Dennis and Elaine Sterzin, Variance, to construct an
addition.
Mr. Sorensen reported the Board of Appeals had made the following decisions for
hearings held on July 16, 1987: Gleason Road, denied; Dexter Road, approved; 700
Waltham Street, approved; 11 Valley Road, denied; 131 Spring Street, approved and
1709-1727 Mass. Ave., denied.
214. EXECUTIVE SESSION: On the motion of Mr. Williams, seconded by Mrs. Klaumin-
zer, after a poll of the Board, it was voted unanimously (5-0) to go into Execu-
tive Session to discuss litigation against the Town, and to reconvene in open
session only for the purpose of adjourning.
The Board returned to open session at 11:37 p.m.
The meeting was adjourned at 11:38 p.m.
Eleanor Klauminzer, Clerk
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PLANNING BOARD MEETING
EXECUTIVE SESSION OF JULY 27, 1987
After a unanimous vote of the five members present, by poll of the Board, the
Lexington Planning Board met in Executive Session, in Room G-15, Town Office
Building, at 11:22 p.m. to discuss strategy with respect to litigation which, if
discussed in open session, may have a detrimental effect on the litigating posi-
tion of the Town. Present were Chairman Uhrig, and members Klauminzer, Sorensen,
Williams, Wood, Planning Director Bowyer, Assistant Planner Rawski and Secretary
Peters.
The Board discussed several law suits involving the Board of Appeals' decisions
dealing with 191 Spring Street: 1) approval of a variance for lot frontage and
2) denial of the application for a Special Permit with Site Plan Review.
The Planning Board returned to open session at 11:37 p.m.
Eleanor Klauminzer, Clerk