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HomeMy WebLinkAbout1987-08-10PLANNING BOARD MINUTES MEETING OF AUGUST 10, 1987 The meeting of the Lexington Planning Board held in Room G-15, Town Office Build- ing, was called to order at 7:34 p.m. by the Vice -Chairman, Mrs. Wood, with members Klauminzer and Williams, Planning Director Bowyer, Assistant Planner Rawski and Secretary Peters present. Mrs. Uhrig and Mr. Sorensen were absent. *********************** COMPREHENSIVE PLANNING, POLICIES ********************** 1987-1988 AFFORDABLE HOUSING POLICY 215. Site List for Affordable Housing: The Board discussed potential affordable housing sites in Town, including old school sites and recently approved subdivisions. *************************** 1988 ANNUAL TOWN MEETING *************************** 216. Section 6. Non -Conforming Uses and Structures: The Board reviewed three memos on zoning non -conformity prepared by Janet Englund, a summer intern at Palmer & Dodge. Mr. Bowyer commented the memos present several policy choices that the Board should consider before work is begun on drafting actual revisions to Section 6 of the Zoning By -Law. He felt that answering policy questions first will produce revisions reflecting policy agreed on by the Board. ' It was agreed the Town's traditional attitude of fairness toward non -conforming businesses that have sustained losses should be continued, and that requirements for rebuilding should be couched in positive terms. It was also agreed that one of the goals of the revision should be to encourage change toward greater con- formity of the By -Law whenever possible. ******************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************ PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW _217. Form A/87-20, 62 Ledgelawn Avenue & 65 Liberty Avenue: The Board reviewed a plan showing a change in the rear lot line between the two properties. Both properties still conform to the frontage and area requirements of the RS zoning district. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted unanimously: to endorse the plan entitled "Plan of Land in Lexington, Mass. (Middlesex County)", dated June 29, 1987, by James R. Keenan, certified by James R. Keenan, Professional Land Surveyor, by Temple E. and Gladys A. Scanlon, with Form A/87-20, as it does not require approval under the Subdivision Control Law. 218. Form A/87-21, 223 Grove Street: Ms. Rawski reported the lot had been in- cluded with the Carchia Woods subdivision now before the Board. The applicant decided to separate the lot from the subdivision since it met the requirements of the RO zoning district and was not necessary for the subdivision. On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted unanimously: to endorse the plan entitled "Plan for Division of Land", dated July 1987, by SEA Consultants INc., certified by Joseph L. Calabro, Jr., Professional Minutes for August 10, 1987 Page 2 Land Surveyor, by Nominee Trust - 223 Grove Street, with Form A/87-21, as it does not require approval under the Subdivision Control Law. 219. APPLICATIONS TO THE BOARD OF APPEALS: Mrs. Wood gave an oral review of the the following applications scheduled to be heard by the Board of Appeals on 8/13/87 and 8/27/87. Hearings of August 13, 1987: 1 Ryder Lane, Michael and Ann Sherman, Variance, to allow a shed to remain as constructed: Mrs. Wood reported the applicants had erected a tool shed on their lot line without obtaining a building permit. The Board agreed they strongly objected to this attempt to legitimatize a structure that violates the Zoning By -Law, and that was erected without receiving a build- ing permit. On the motion of Mr. Williams, seconded by Mrs. Klauminzer it was voted unanimously to recommend the variance be denied and, instead, the applicant be required to apply for a building permit to move the structure and to conform to setback requirements. Hearinus of August 27. 1987: 321 Marrett Road, Glenn Comeau, SP, for take out and fast food service, Glen Eric's Delicatessen: Mrs. Wood reported the applicant wishes to expand the service of meals. The Board noted that the comprehensive commercial revi- sion approved at the 1987 Town Meeting made two important changes that affect this property; it set up new categories for food service establish- ments (Table 1, lines 9.12 and 9.13) and it redesignated this property to be in the CN Neighborhood Business district. If this were in the 9.13 cate- gory, snacks and beverages which are less than a meal, a special permit would be required. It is in the 9.12 category and is now a non -conforming use. With the inadequate parking and maneuvering that injects vehicles into busy Marrett Road, the Board agreed to oppose the granting of a new special permit. The Board also agreed that that the applicant should not be permitted to expand a non -conforming use into a use now prohibited by the Zoning By -Law. They felt that the comprehensive updating and revision of the zoning provi- sions dealing with commercial development, recently passed by Town Meeting, should not be undermined by granting a special permit that would be in conflict with the new provisions. On the motion of Mrs. Wood, seconded by Mrs. Klauminzer, it was voted unani- mously to urge the Board of Appeals to deny the special permit, since the applicant should not be permitted to expand a non -conforming use into a use now prohibited by the Zoning By -Law. 24 Whipple Road, John & Susan Mader, Variance, sideyard setback to add a solar room: Mrs. Wood reported the addition would leave a 6.75 foot set- back, and require the elimination of a sizable number of trees, reducing the amount of effective buffer space between the properties caused by the intru- sion into the setback. Minutes for August 10, 1987 Page 3 On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted unanimously to recommend the variance be denied because the elimination of the trees combined with loss of setback affects the rights of the abuttor, and no hardship has been demonstrated. 60 Maple Avenue, Margaret Bean-Bayog, SP, office in residence: The Board reviewed the plans which conform to the Zoning By -Law. On the motion of Mrs. Wood, seconded by Mrs. Klauminzer, it was voted unanimously to recom- mend the special permit be granted with the usual restrictions applied, pertaining to hours of operation, parking, signs, etc. 129 Blake Road, Joseph and Mary Close, Variance, lot frontage: Mrs. Wood reported this section of Blake Road and Eaton Road are classified as "non - streets" and do not appear on the 1987 Zoning Map of the Town of Lexington. The Building Commissioner has ruled that if a section of a "street" does not appear on the Zoning Map, and is classified as a "non -street", it can not provide the "frontage" on a "street" as defined in Section 2 of the Zoning By -Law. The Board noted that an undersized lot on a "non -street" can not retain its "grandfathered" status for zoning purposes and may only be used for development purposes if it complies with current zoning requirements. Mr. Bowyer commented that if the property is to be developed, the sequence would be: 11 to create frontage by the laying out of a street, which would ' have to be either a public way or a street shown on a plan approved under the Subdivision Control Law and 2) subdivide the land to show lots which conform to current zoning requirements. He added that there is enough length on the current Eaton Road "paper street" to create sufficient front- age and area. The 83 foot length on the current Blake road "paper street" is not sufficient and would require a variance. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted unanimously to recommend the Building Commissioner's decision be upheld and the variance be denied. 3 Abbott Road, Jane L. Forsyth, renewal of a SP, office in residence: The Board is not opposed to the renewal, with the same conditions as contained in the previous permit. However, they felt that granting the special permit for 10 years is too long a time period. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted unanimously to recommend the permit be renewed for a period of five years. 93-95-97 Massachusetts Ave., Serop Majikian, Variance, from the F.A.R. to enlarge a commercial building: Mrs. Wood reported the applicant wishes to add a second story. Mr. Bowyer commented that the 1987 Town Meeting ap- proved a comprehensive updating and revision of the zoning provisions deal- ing with commercial development, making two important changes that affect this property. The CG General Business district in which the lot was locat- ed was eliminated as a district and this area of East Lexington was redesig- nated to be in the new CRS Retail Shopping district. A Floor Area Ratio of 0.20 was established for the CRS district. This application requests a variance to allow the Floor Area Ratio to be 0.39 almost double that allowed. Minutes for August 10, 1987 Page 4 The Board noted this application is the first, since the 1987 Town Meeting vote, that seeks to exceed the Floor Area Ratio which is a very essential zoning provision for regulating the intensity of commercial development, and felt that granting this variance would be in direct conflict with the recent action of the Town Meeting in setting direction for commercial development. They agreed any expansion of the building should conform to the F.A.R. limit set by the vote of the 1987 Annual Town Meeting. The Board directed the Planning Director to draft a strong letter to the Board of Appeals presenting their views. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted unanimously to urge that the Board of Appeals deny the variance. The Board agreed to make no comment on the following application also being heard on 8/27/87. 231 Bedford Street, Carmen & Annette Lombardo, SP, standing sign. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 220. CUS/4 14 Sunn knoll Terrace Michael Saunders: Ms. Rawski reported the applicant wishes to build a new home at #14 Sunnyknoll Terrace, which is the last vacant lot on the street. She added the street is paved, approximately 20 feet ' wide, with no berm and one catch basin, and its general condition appears to be good, with the exception of several large potholes near the end of the street. On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted unani- mously that: Sunnyknoll Terrace, insofar as it provides frontage for #14 Sunnyknoll Terrace is of adequate grade and construction to accommodate the construc- tion of an additional dwelling unit, provided that the large potholes near the entrance just off Sunnyknoll Avenue are filled, and paved to the Town standard for repair of utility trenches. This opinion is limited to the grade and construction of the street only and should not be interpreted as implying the lot at #14 Sunnyknoll Terrace meets other tests of the Zoning By -Law to qualify it as a building lot. 221. CUS/,I, Ward Street, Compagnone: Ms. Rawski reported the Assistant Town Engineer commented the existing roadway base was stable and compact, and that if additional improvements were necessary, stone dust should be used, rather than requiring them to dig up the road bed to put in a 12" gravel base. The Assistant Town Engineer recommended the Planning Board reconsider their decision, and inform Mr. Compagnone of the outcome. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted unani- mously to rescind the Planning Board vote of June 8, 1987 requiring the applicant to rebuild Ward Street by installing a 12 inch gravel base, and to accept the Engineering Department's recommendation to improve the existing road with stone dust that will last for at least one season. Minutes for August 10, 1987 Page 5 It was noted that this is the last case decided under the old Policy on Con- struction Standards for Unaccepted Streets, Relative to Building Lots, approved April 23, 1984, and in effect until June 29, 1987. SUBDIVISION OF LAND 222. Carriage Drive, Woodhaven Realty: The Board reviewed a draft decision dated August 10, 1987. Mr. Williams stressed the importance of the inclusion of a condition requiring the walking easement be delineated by a split rail fence or some other method satisfactory to the Conservation Commission. The Board also agreed that the applicant be required to cooperate with the Town to improve access to the active play area, on the abutting Town recreation pro- perty, by the construction of a walking path beyond the property line of the development site. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted unani- mously to approve the preliminary plan, and the decision dated August 10, 1987 with the above conditions. 223. Tracer Lane, Trustees of Tracer Lane II Realtv Trust: The Board reviewed and approved a letter to Harold Nahigian and David C. Johnson from Chairman Uhrig, dated August 10, 1987, which responds to the July 8, 1987 letter from Roger Kalstrom of Symmes, Maini & McKee Associates, Inc., and outlines the Board's reservations with the Tracer Lane proposal. ' On the motion of Mr. Williams, seconded by Mrs. Klauminzer it was voted unani- mously to send the letter as corrected. 224. Graystone Subdivision, Boyd/Smith: The Board discussed a memorandum from the Boyd/Smith Development Trust dated August 3, 1987, proposing the elimination of a shared driveway for Lots 3 and 4 from Dover Lane, leaving Lot 3's access on Dover Lane and changing Lot 4's access to Pleasant Street. The Board agreed they would require verification that the trees will be preserved between House 4 and Pleasant Street. They also want verification that the cut and limit of work will be reduced by providing access to Lot 4 from Pleasant Street. They agreed to defer action on this request until their next meeting. 225. Wood Street subdivision: The Board discussed ways to assure the inclusion of two affordable housing units as part of the development procedure, and they reviewed and corrected a draft letter dated August 10, 1987 to Ruven Liebhaver, Rising Phoenix Architecture & Construction, summarizing their thoughts and recom- mendations of what will constitute a desirable development. On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted unani- mously to send the letter with the additional stipulation that the two additional units be made available to LEXHAB in order to retain them in the supply of af- fordable housing. 226. Pheasant Brook, Kahn -Quinn: The Board reviewed and approved a letter to Kahn -Quinn dated August 11, 1987 informing them of numerous complaints the Board has received about unfinished work at the Pheasant Brook Estates subdivision, and of insufficient maintenance of the landscaped lots at both the Woburn and Maple Street entrances. C 1 Minutes for August 10, 1987 Page 6 227. 90 North Hancock Street: The Board reviewed a memo prepared by Ms. Rawski, reporting that the applicant has submitted new information on slopes, contours, and location of surrounding buildings that should allow the Board to better evaluate the proposal to construct an additional house on the property. The Board noted that for the Lowell Court subdivision, the last two -lot subdivi- sion, the Engineering Department recommended strongly the the plan be changed to allow a reduced width roadway, with a hammerhead turnaround totally owned and maintained by the owners of the two lots. It could be expected their comments would be similar on this two -lot subdivision. For that development, the Board permitted a reduction in road width to 22 ft. and 20 ft. through the cul-de-sac. The Board agreed the applicant should proceed with the development of "alterna- tive two" and resubmit a sketch plan conforming to all subdivision and zoning requirements. When it has been demonstrated he can meet all those requirements, the Board may want to consider granting waivers to allow the road to be con- structed to a lesser standard, with the condition it be kept in private ownership. The meeting was adjourned at 10:37 p.m. Eleanor Klauminzer, Clerk