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HomeMy WebLinkAbout1988-03-07PLANNING BOARD MINUTES MINUTES OF MARCH 7, 1988 The meeting of the Lexington Planning Board, held in Room G-15, Town Office Building, was called to order at 7:37 p.m. by the Vice Chairman, Mrs. Wood, with members Klauminzer, Sorensen, Planning Director Bowyer and Secretary Peters present. Mr. Williams arrived during item 71, and Mrs. Uhrig arrived during item 73. 71. Approval of Minutes: The Board reviewed the minutes for the meeting of February 11, 1988. On the motion of Mrs. Klauminzer, seconded by Mr. Sorensen, it was voted 3-0-0 to approve the minutes of February 11, 1988, as written. Mr. Williams joined the meeting at this time. The Board reviewed and amended the minutes for the meeting of February 17, 1988. On the motion of Mrs. Klauminzer, seconded by Mr. Sorensen, it was voted 3-0-1 to approve the minutes of February 17, 1988, as amended. (Mrs. Wood abstained since she had not attended the meeting.) The Board reviewed the minutes for the executive session of February 17, 1988. On the motion of Mrs. Klauminzer, seconded by Mr. Sorensen, it was voted 3-0-1 to approve the minutes for the executive session of February 17, 1988, as written. (Mrs. Wood abstained since she had not attended the meeting.) ' The Board reviewed and amended the minutes for the meeting of February 22, 1988. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0-0 to approve the minutes of February 22, 1988, as amended. The Board reviewed the minutes for the meeting of February 29, 1988. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0-0 to ap- prove the minutes of February 29, 1988. REPORTS****,t****,t********,a**********,a***,a***,t 72. Planning Director a. Assistant Planner Search: Mr. Bowyer reported there had been 23 appli- cations received for the position of Assistant Planner, 18 of which looked promising. He will begin the interviewing process next week, and expected that the position would be filled by the middle of April. b. Various application: The Board discussed a chart listing the develop- ment applications in chronological order of their receipt in the office, as well as application that are expected to be filed in the near future. Mr. Bowyer noted the plans and applications will be reviewed, providing they have been found to be complete, in the order in which there received. 1 Minutes for March 7, 1988 -2- ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ********** PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 73. Form A/87-2, Walnut Street, Robert E Phelan: The Board reviewed an appli- cation showing the reconfiguration of a lot line between two parcels, which would not make either lot non -conforming. The Board determined there was discrepency in the labeling of the lot numbers on the plan, and a note containing a descrip- tion of what the applicant was proposing to do. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0-0 to not endorse the plan. 74. Form A/87-3, Marrett Road/Wachusetts Drive, John Sullivan: The Board re- viewed a memo from Mr. Bowyer which explained Wachusetts Drive is an unaccepted street east from the property toward Waltham Street for about 226 feet and then becomes a "non -street", which is steep and impassable. The nearest part of this property is about 1,050 feet from Prospect Hill Road, the only feasible connec- tion to the public street system. Several members of the Board reported they had looked at Wachusett Drive and agreed the road did not appear to be of adequate grade and construction to pro- vide frontage for the newly created Lots B and C. They noted that Wachusetts Drive is an unaccepted street with a right-of-way 40 feet wide and a 14 foot wide paved surface; that it is in poor condition; and that access to the two proposed lots from Wachusetts Drive would be very difficult. They agreed it is not a street of adequate grade and construction sufficient to provide adequate access and community facilities for the proposed two lots off Wachusetts Drive. The Board agreed the two proposed lots would be in conflict with the provisions of the "Policy and Construction Standards for Unaccepted Streets, Relative to Building Lots", June 29, 1987, the effect of which is that the construction of two new dwellings would be treated as a development for which the applicant would be required to obtain approval of a definitive subdivision plan prior to the construction of a second new dwelling. The Board noted that endorsing the plan would create three lots each containing a building that would be in violation of the setback requirements of the 'Zoning By -Law. They expressed concern for the unwary buyer, further down the line, who thinks he has purchased a building lot and finds he has not. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unanimously: To NOT endorse the plan entitled "Compiled Plan of Land in Lexington, Mass.", dated February 1, 1988, by The BSC Group - Bedford, Inc., certified by Donald J. Forand, Registered Land Surveyor, because the plan creates new lots which do not have frontage, as defined by the Zoning By -Law, on a street of adequate grade and construction, and such plan DOES show a subdivision which requires approval under the Subdivision Control Law. Minutes for March 7, 1988 -3- APPLICATIONS TO THE BOARD OF APPEALS 75. Meeting of March 10, 1988: Mrs. Wood gave an oral review of the following application. Countryside, Woodhaven Realty: amend and revise SP to allow a turnaround in a different location and three garage structures instead of two. Mr. Bowyer noted that Countryside had been approved as an RD development under the Zoning By -Law in effect in 1984, which set up two procedures to deal with changes to an approved plan. He added that under the 1984 By -Law provi- sions the changes in the carport configuration could be considered a minor revision, not requiring a public hearing, but the change in the length of the dead end street might constitute an amendment to the approved plan and require a public hearing. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unanimously to send the following comments to the Board of Appeals: 1) they wished to express dismay that the changes were made with prior approvals for the revisions being applied for or received from the town, and 2) that the Board agreed the changes from the approved plan would produce a better plan environmentally. 76. Meeting of March 17, 1988: Mrs. Wood gave an oral review of the following applications: 95 Hayden Avenue, Ledgemont One, request in accordance with Sec. 3.5.8 of ' the Zoning By -Law: Mrs. Wood reported the plans showed alterations to the front entrance that require some guest parking to be relocated. On the motion of Mrs. Klauminzer, seconded by Mr. Sorensen, it was voted unanimous- ly that the modifications to the design are minor, and that they would not make a recommendation of the merits of the proposal. 35 Hartwell Avenue, Northland Real Estate, request in accordance with Sec. 3.5.8 of the Zoning By -Law: Mrs. Wood reported the new tenant for the building required changes to the loading docks. On the motion of Mr. Wil- liams, seconded by Mrs. Wood, it was voted unanimously to comment: 1) that the modifications to the design are minor and that a full public hear- ing, with legal notice in the paper and notification to all interested parties, should not be required; and 2) to recommend the immediate abuttors be contacted so that their thoughts can be considered in an open public meeting to which those abuttors are invited. 62 Taft Avenue, Fredda McDonnell, SP, home office: On the motion of Mrs. Wood, seconded by Mr. Williams, it was voted 4-0-0 (Mr. Sorensen voted in the negative) to recommend the special permit be granted for a period of two years, providing there is not more than one client at a time, no parking on the street and the access to the office entrance is well lit. 130 Pleasant Street, Lexington Montesorri School, SP with SPS, SP, Variance to construct a 4,000 sq. ft. addition to the school: Mr. Bowyer reported that on Monday March 7, the office received the final part of the traffic study and a revised site plan, and that they received the first part of the traffic study and other important materials on Friday March 4. He added that in the absence of an Assistant Planner and with the press of other responsibilities for the forthcoming Town Meeting, the staff would not be able to provide a response in 10 days for a March 17 hearing. Minutes for March 7, 1988 -4- The Board noted that subparagraph 3.5.3 of the Zoning By -Law provides a period of 35 days for the Planning Board to make a report on an application for a special permit with site plan review. On the motion of Mrs. Wood, seconded by Mr. Sorensen, it was voted unanimously to take March 7 to be the start of the 35 day period, and to submit a recommendation to the Board of Appeals by April 11, 1988. The Board also agreed to make no recommendation on the following applications: 235 Walnut Street, Nathan & Joanne Griscom, Variance to allow an 8 foot fence. 14 Normandy Road, Walter & Eva Kasell, Variance, new steps and overhang. 927 Waltham Street, Nicholas Cannalonga, SP renewal, Wagon Wheel Nursery and Garden Centre. 55 Hill Street, Lexington Golf Club, SP, to construct a new building. ******************** ARTICLES FOR 1988 TOWN MEETING *************************** 77. Articles 38-43; direction for staff: The Board discussed concerns that were expressed at the public hearings on some aspects of the zoning articles. Their discussion focused on concerns that revisions to the Accessory Apartment section of the Zoning By -Law would encourage an undesirable increase in the number of duplexes in the town's single residence zones; the memo from the Building Commis- sioner dated March 3, 1988; and questions dealing with Article 40, 6.5.3 Common ' Lot Exemption. (Mr. Sorensen did not take part in the discussion of Section 6.5.3 since he is a party to litigation on this issue.) The Board will continue the discussion at their next meeting. In an informal vote on Middlesex Mall (Article 43), the Board was divided 3-2-0 with Mr. Sorensen, Mrs. Uhrig and Mrs. Klauminzer voting to recommend in favor, of the amendment, and Mrs. Wood and Mr. Williams opposed to recommending in favor of the amendment. *************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************** SUBDIVISION OF LAND 78. Ridge Estates III Ted Freeman: The Board discussed a proposal to extend Jonas Stone Circle to provide access to the Young Street school site. It would require an amendment to the approved subdivision plan. Mr. Bowyer commented that the procedure to be followed is a formal amendment to the definitive subdivision plan, as described in Section 81-W, Chapter 41, The Subdivision Control Law, and in Section 10 of the "Development Regulations". He also reported the staff had been in preliminary discussion with Mr. Freeman. Mr. Bowyer suggested that by the procedure outlined in subsection 9.2.9 of the Zoning By -Law for the calculation of maximum density, it could be argued that seven dwelling units rather than the six shown on the approved subdivision plan could be permitted, and that the Board could entertain a proposal for an addi- tional dwelling unit and/or lot that would permit Mr. Freeman to recoup any additional expenses incurred by the Board's action. Minutes for March 7, 1988 -5- The Board agreed they would like to see a revised plan showing several alterna- tives for the extension of the road and reconfiguration of lots. The meeting was adjourned at 9:50 p.m. Eleanor Klauminzer, Clerk 1