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HomeMy WebLinkAbout1987-09-14PLANNING BOARD MINUTES MINUTES OF SEPTEMBER 14, 1987 The meeting of the Lexington Planning Board held in Room G-15, Town Office Build- ing, was called to order at 7:07 p.m. by the Chairman, Mrs. Uhrig, with members Klauminzer, Williams, Planning Director Bowyer, Assistant Planner Rawski and Secretary Peters present. Mrs. Wood was absent. Mr. Sorensen arrived during discussion of Item 248. 247. Review of Minutes: The Board reviewed and corrected the minutes for the meetings of August 24 and 31, and the Executive Session for August 24, 1987. On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted unanimously to approve the minutes for the meeting of August 24, 1987 as written. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted unani- mously to approve the minutes for the Executive Session of August 24, 1987 as written. On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted unani- mously to approve the minutes for the meeting of August 31, 1987, as amended. ***************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************** SUBDIVISION OF LAND ' 248. Fullers Hill, 191 Spring Street, definitive plan: Ms. Rawski reviewed the revised plans submitted by the applicant, and referred to in the draft certifi- cate of action, dated September 14, 1987, as the alternate plan. The alternate plan shows: 1) the elimination of the proposed subdivision street through the residen- tially zoned property; 2) the property subdivided into one lot in the residentially zoned land and two lots in the commercially zoned land;, 3) the commercial street layout with the boundaries of a turn -around, so as to provide frontage, but without a paved turnaround, and 4) a revised water loop layout which follows the sidewalk and widens into a loop near Spring Street, avoiding any disturbance of the meadow area. The Board reviewed and corrected a revised certificate of action, dated 9/14/87. Mr. Bowyer explained revisions in the draft certificate of action suggested by Attorney Stephen Anderson, representing Town Counsel. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted unani- mously to approve the alternate definitive subdivision plan, as amended September 8, 1987, entitled "Fullers Hill" and to approve the Certificate of Action, as corrected. 249._ Simonds Estate, Oscar Cormier: Mr. Williams reported seeing construction debris on the site, and asked if there was something the Board could do to cor- rect the problem. The staff will contact the Board of Health. Mr. Williams left the meeting at 7:44 p.m., prior to discussion of the next item. 1 J Minutes for September 14, 1987 250. Form A/87-23, Bedford Street Albert J. Streter: of lots at the corner of Bedford Street and Valley Road. plan has been submitted to reflect conditions existing o sale of parcel D, containing the driveway of lot A-1 to A variance for frontage was granted in 1967 but was not at the Registry of Deeds. On the motion of Mr. Sorensen Klauminzer, it was voted 3-0-0: Page 2 The Board reviewed a plan Ms. Rawski said the n the ground, i. e. the the owners of lot 67 A. recorded until recently , seconded by Mrs. to endorse the plan entitled " Compiled Plan of Land in Lexington, Mass, (Middlesex County), dated July 29, 19870 by The BSC Group, certified by Stephen E. Springer, Certified Land Surveyor, for Gary Johnson with applica- tion Form A/87-23, as it does not require approval under the Subdivision Control Law. APPLICATIONS TO THE BOARD OF APPEALS 251. Brookhaven, Choate-Symmes, action on revised SPS report: Ms. Rawski com- mented on the changes contained in this revised SPS report from what was con- tained in the Preliminary Site Development and Use plan approved by the 1986 Town Meeting. She noted the location of seven patio units is the only physical change, but that if the unit mix now proposed is compared with the unit mix found in the Preliminary Site Development and Use plan, a great deal more has been changed, primarily a large increase in the number of one bedroom units, and that this is reflected in the breakdown on page four. Mr. Bowyer commented that the applicant's negotiations with the Conservation Commission have taken longer than anticipated. He added there has been an at- tempt to set up the conditions to be included in the special permit with site plan review, so that they relate to certain approvals/permits along the way; for example, some conditions would have to be met before the decision could be re- corded, others would have to occur before a building permit is issued or before a certificate of occupancy could be issued. One of the items deferred until the certificate of occupancy stage is the creation of new wetlands. On the motion of Mrs. Klauminzer, seconded by Mr. Sorensen, it was voted 3-0-0 to to recommend to the Board of Appeals that the SPS be approved with a number of conditions. The Board agreed to transmit the Recommendation on the Special Permit Application (SPS), as corrected, and the Zoning and Site Development Analysis, as corrected, both dated September 14, 1987. 252. Hearings Scheduled for September 24, 1987, Mrs. Klauminzer gave an oral review of the following hearings: 2 Burns Road, Jan and Eva Jones, Variance, garage on front lot line: Mrs. Klauminzer commented that due to the severe topographical conditions of the land, siting the garage on the front lot line is about their only option. The Board agreed they would not make a recommendation on this application. However, they noted the extreme topographical conditions on the lot fit the critera set forth by state statute for the granting of variances, and felt the application should be considered. 130 Walnut Street, Lexington Arts and Crafts Society, SP, temporary wall sign, three times a year: The Board had no comment on this application, except to suggest some time limit be included in the decision, perhaps three weeks. Minutes for September 14, 1987 Page 3 The Planning Board also agreed to make no comment on the following cases: 4 Upland Road, Margot A. Shaw, Variance, addition of deck. 27 Mason Street, Mason Street, Ralph 5 Muriel Mitchell, Variance, two additions. REPORTS *************************************** 253. Planning Director a. Status Report: Mr. Bowyer reported the following: 1. The Attorney General has approved the zoning amendments passed by the 1987 Town Meeting. 2. There has been another overture for meeting with staff by a party contending they have an executed agreement to buy the Pine Meadows golf course. 3. The Mass. Federation of Planning and Appeals Boards Annual Meeting and Conference will be held Saturday, September 26, 1987, and Mr. Bowyer will speak on "The Planning Board's Role in Affordable Housing: The Lexington Experience". 4. Busa Farms subdivision: The complaint filed in court by the developers has not been pursued. After meeting with staff, a misunderstanding about the impervious surface ratio provisions of the By -Law, has been resolved. ' 5. Department heads met with the Acting Town Manager, who asked for submittal of future capital budget projects. 6. The apparent existance in town of a bogus Zoning Map. 7. He had met with Raytheon about their expansion plans, which include the construction of a 40,000 to 50,000 sq. ft. building. 8. Bryant Road - McNeil Assoc: It is possible Town Meeting action may be required because a short section of Bryant Road was never accepted by the Town. Town Counsel is working with the developer's lawyer. 9. Shea/Rockville Avenue: In 1978, the Planning Board endorsed an ANR plan that consolidated 4 lots into 2 lots on the application of Mr. Shea. He was denied a building permit because one of the new lots fronted on a portion of Rockville Street that is a paper street. He sued the Town, saying the ANR made them buildable lots. The Superior Court dismissed the case but misplaced the decision, so the case is back in court. 10. The draft report on home occupations, written by a summer intern at Palmer and Dodge, is not ready for Board discussion. 11. Affordable Housing: The Sutherland Heights school site has possibilities. 12. There has been an inquiry from the owner of the residentially zoned land on the corner of Winter Street and Bedford Street about a small multi -family development. 13. Projects for 1988 Annual Town Meeting: It was agreed to discuss a work program at the September 28 meeting. Minutes for September 14, 1987 Page 4 254. Planning Board, Subcommittees a. Board of Appeals Hearing on September 10, 1987: Mr. Sorensen reported the Board of Appeals approved two applications for variances at: 1) 16 Reed Street (front yard setback) and 2) at 3 Vinebrook (for front yard setback). They denied two applications for variances at: 1) 15 Minuteman Lane (side yard setback) and 2) 4 Freeman Circle (rear yard setback). They also denied two applications for special permits at: 1) 80 Hayden Avenue (canvas sign and double sided sign) and 2) 401 Lowell Street (for a package store). 255. EXECUTIVE SESSION - Litigation Against the Town: On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, after a poll of the Board, it was voted unanimously 3-0-0 to go into Executive Session at 8:54 p.m. 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 9:29 p.m. The meeting was adjourned at 9:30 p.m. ' Eleanor Klauminzer, Clerk r' L PLANNING BOARD MINUTES EXECUTIVE SSESSION OF SEPTEMBER 14, 1987 After a unanimous vote of the three members present, by poll of the Board, the Lexington Planning Board met in Executive Session, in Room G-15, Town Office Building, at 8:54 p.m. to discuss strategy with respect to litigation which, if discussed in open session, may have a detrimental effect on the litigating position of the Town. Present were Chairman Uhrig, members Klauminzer and Sorensen, Planning Director Bowyer, Assistant Planner Rawski, Secretary Peters and Town Counsel Cohen. The Board discussed litigation threatened by Leonard Colwell appealing the Board's decision on the Beechwood Lane subdivision off Hill Street on May 26, 1987. Mr. Cohen reported on his discussions with Otis Brown, Mr. Col- well and his attorney on this subject. He recommended the Board open dia- logue with them to head off this threatened litigation. The Planning Board returned to open session at 9:29 p.m. Eleanor H. Klauminzer, Clerk 1