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HomeMy WebLinkAbout1987-12-21PLANNING BOARD MINUTES MEETING OF DECEMBER 21, 1987 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7:40 p.m. by the Chairman, Mrs. Uhrig, with members Sorensen, Williams, Wood, Planning Director Bowyer and Secretary Peters present. Mrs. Klauminzer was absent. 326. Review of Minutes: The Board reviewed the minutes for the Executive Session of November 30, 1987. On the motion of Mr. Williams, seconded by Mrs. Wood, it was voted unanimously (4-0-0) to approve the minutes as written. The Board reviewed and corrected the minutes for the meetings of November 30, December 7, December 9 and the executive session minutes for the meeting of December 9, 1987. On the motion of Mr. Williams, seconded by Mrs. Wood, it was voted unanimously (4-0-0) to approve the minutes as corrected. **************************** REPORTS ************************************* 327. Planning Director a. House Bill H6005, An Act Relative to Review Fees etc.: Mr. Bowyer reported that House Bill H 6005 was dead, probably due to the hue and cry raised against it by the cities, towns, and organizations such as MAPC. b. Burlington land -locked land: In a court decision, a jury ruled that the Town of Burlington must pay 10.5 million dollars for the 250 acres of land -locked land between Route 3 and the Lexington and Bedford boundaries, it took in eminent domain proceedings. c. Commercial treatment plants - legal questions: Mr. Bowyer reported that at a recent Massachusetts Planning Directors' meeting, concerns were expressed about who is responsible for repairs if a private sewage treatment plant fails or a private road need maintenance after initial installation. The meeting agreed there must be some sort of enforcable mechanism financially responsible, such as a condominium association. d. 131 Spring Street, Raytheon: Mr. Bowyer reported on his meeting with their traffic consultants. It appears the traffic report, as amended, will be acceptable. He added the Board of Appeals, must have evidence, in writing, that the required mitigating measures are guaran- teed, and this written commitment must be made prior to any decision being reached by the Board of Appeals. ************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAWS 328. Form A/87-29, Lillian Road, A & D Realty Trust: The Board reviewed a plan showing the transfer of parcel of land (Lot 5C) from Lot 5B to be combined with Lot 1, with both Lots 5B and 1 continuing to have adequate Minutes for December 21, 1987 Page 2 frontage and area for the zoning district. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unanimously (4-0-0): to endorse the plan entitled "Plan of Land in Lexington, Mass. (Middle- sex County)" dated November 30, 1987, by The BSC Group - Bedford, Inc., certified by Donald J. Forand, Professional Land Surveyor, for A & D Realty Trust, with Form A/87-29, as it does not require approval under the Subdivision Control Law. _329. Form A/87-30, 160 & 170 Wood Street, Ruven Liebhaber: The Board re- viewed a plan showing Lot 3, an existing lot, having sufficient frontage and area for the zoning district. Lot 2 is to be separated from lot 1 and added to Lot 3. Lot 1 will continue to have sufficient area and legal (non -con- forming and unchanged) frontage for the zoning district. Mr. Williams questioned how the plan could be signed if zoning violations, i.e. excessive density are on the lot. Mr. Sorensen said the Board merely endorses but does not approve a Form A. There are procedures to deal with those viola- tions subsequently. On the motion of Mrs. Wood, seconded by Mr. Sorensen, it was voted 3-0-1 (Mr. Williams abstained): to endorse the plan entitled "Plan of Land in Lexington, Mass." dated December 4, 1987, by Malcolm N. Johnston Co. Inc., certified by Malcolm N. Johnston, Professional Land Surveyor, for Ruven Liebhaber, with Form A/87-30, as it does not require approval under the Subdivision Control Law. SUBDIVISION OF LAND 330. Carriage Drive, Winnetucket Realty Trust: The Board reviewed and corrected a draft certificate of action and a draft special permit approving the definitive subdivision plan. On the motion Mrs. Wood, seconded by Mr. Sorensen, it was voted unanimously to approve the definitive subdivision plan entitled "Carriage Drive" and to approve the Certificate of Action, as corrected. On the motion of Mrs. Wood, seconded by Mr. Sorensen, it was voted unani- mously to grant a Special Permit with Site Plan Review for the conventional subdivision entitled "Carriage Drive" and to approve the decision, as cor- rected. or- rected. 331. 188-194 Lowell Street, McNeil and Castelli: The Board reviewed a draft decision for a preliminary subdivision plan entitled "Preliminary Subdivi- sion of Land, 188 & 194 Lowell Street" dated December 21, 1987. Mr. Will- iams asked that the staff research the methods for installing curbing either vertical or sloping, and what materials can be used. On the motion of Mrs. Wood, seconded by Mr. Sorensen, it was voted unani- mously to approve the preliminary plan with conditions, and the decision dated December 21, 1987, as amended. 332. Turnburry Hill, off Hill Street, Otis Brown: Present with Mr. Brown were Cliff Prentiss, landscape architect, Frank DiPietro, BSC - Bedford, and Leonard Colwell. Mr. Prentiss presented two road layouts, one at 8% and one at 10%. They are proposing to use a cape cod berm. He stated there would be an excessive loss of large trees if the Board required them to adhere to �. Minutes for December 21, 1987 Page 3 an 8% slope, adding this road was proposed to be kept as a private road, and the town would never be required to maintain it. He noted the deeper exca- vation required to maintain the 8% slope will adversely affect the root systems of the larger trees. In response to questions from Mrs. Uhrig, Mr. DiPietro estimated about 200 feet of the road grade would be at 10%. She also asked for an estimate of how many trees would be saved if the 10% slope and a narrower road were allowed by the Board. Mr. Sorensen commented the use of different scales on the elevations presen- ted was very misleading and exagerated the vertical cuts. He hoped the Board would insist the 8% slope limit be required. He asked that they also bring in center and sideline elevations for the length of the road. 333. Minuteman Lane, Robert E. Phelan: Mr. Phelan presented a third sketch plan for the site showing three units on separate lots to the west of the stone wall, and three dwelling units clustered on two lots, with the remain- der of the land designated as common open space, to the east of the stone wall. Mr. Williams questioned the usability of the proposed open space, since most of it was wetland. The Board agreed they would like a restudy of the loca- tion of the three cluster units on the east side of the wall, perhaps moving the two cluster lots closer to the wetland so that more of the meadow can be kept open. 334. Busa Farms, Lillian Road, A & D Realty Trust: The Board reviewed a memo from the Engineering Department, dated December 14, 1987, recommending the surety needed was $31,428. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unanimously to set surety at $32,000. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unani- mously to release lots 1,2,3,4 and 5 of the Busa Farms Subdivision at such time that the surety in a form acceptable to Town Counsel has been delivered to the Town. 335. Tracer Lane, Trustees of the Tracer Lane II Realty Trust: The Board reviewed a letter dated December 17, 1987, from David C. Johnson, of Gadsby and Hannah representing the Trustees of Tracer Lane II Realty Trust, reques- ting an extension of time for action by the Board until February 25, 1988. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unani- mously to grant the extension of time for action by the Board until February 25, 1988. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREET 336. Valley Road, Andrew Massucco: Mr. Bowyer reported the situation is similar to Ward Street, where in the opinion of the Engineering Department it was not in the Town's best interest to require reconstruction of Ward Street in accordance with the standards set forth in the Planning Board's policy for construction of an unaccepted street. Minutes for December 21, 1987 Page 4 Mr. Massucco said that Valley Road had been well built by the state 40 years when they relocated it in order to build Route 128. Subsequently, the Town dug it up to install the sewer line and never finished it. He proposes to do maintenance on the road for the entire length, but does not feel one person should be required to assume the responsibility for doing major repairs on the whole road. He asked that the Board accept the recommenda- tion of the Engineering Department contained in their memo dated 12-2-87. The Board agreed to defer their decision until next week's meeting to give members who wished to do so an opportunity to inspect the road. ********************* ARTICLES FOR 1988 TOWN MEETING ********************** 337. Request to Selectmen for the Inclusion of Articles in the Warrant: The Board reviewed a memo from Mr. Bowyer, dated 12-18-87, entitled "Pro- spective Articles for 1988 Town Meeting". The Board agreed to request space be reserved in the warrant for the following: Article A. Technical Corrections Article B. Adjustments Article C. Nonconformity Article D. Changes to Accessory Apartments Article E. Incentives for Affordable Housing Article F. Local Acceptance of Chapter 200 Article G. Report and Related Action on Status of Affordable Housing Program. ************************************* REPORTS **************************** 338. Planning Board, Subcommittees a. Board of Appeals hearings on 12-10-87: Mrs. Wood reported the application for an addition at 18 Curve Street was denied; and the applications for a home office at 151 Grove Street, a sign at 32 Hart- well Avenue and permission to keep a nonconforming deck already con- structed at 51-53 Woburn Street were approved. b. HATS: Mrs. Uhrig reported the next meeting of HATS will be held on January 21, 1988, where a presentation on land use around the airport will be given. The meeting was adjourned at 10:37 p.m. Martha C. Wood, Vice -Chairman