Loading...
HomeMy WebLinkAbout1988-04-25PLANNING BOARD MINUTES MEETING OF APRIL 25, 1988 The meeting of the Lexington Planning Board, held 1n Room G-15, Town Office Building, was called to order by the Chairman, Mrs. Uhrig, with members Klaumin- zer, Sorensen, Williams, Planning Director Bowyer, Assistant Planner Nordby and Secretary Peters present. Mrs. Wood was absent. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ******************* PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 118. Form A/88-7, Maple Street, Robert Cataldo: The Board reviewed a plan showing the layout of three lots off Maple Street. Lots 1 and 3 are not in- tended to be buildable lots and this is so noted on the drawing, with lot 2 shown as a buildable lot with frontage and lot area conforming to the RO resi- dential zoning district requirements. Mr. Williams questioned whether there were any problems with easements or build- ing restrictions in the rear portion of lot 2 that could make the lot noncon- forming. The Board agreed to wait for a clarification of the question until their next meeting. 119. Form A/88-8, North Street, Bruno Gallinelli The Board reviewed a plan showing the rearrangement of lot lines between lots 1 and 2 to equalize the ' acreage contained in each at approximately 6.63 acres. Portions of each lot are located in Lexington, Woburn and Burlington. Both lots conform to Lexington's frontage and lot area requirements for the RO residential zoning district in which they are located. Mr. Sorensen noted, and the Board agreed, that the word "Subdivision" was incor- rectly used in the title and should be removed. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0-0: to endorse the plan entitled "Proposed Subdivision Plan - Woburn, Burling- ton and Lexington, dated February 9, 1988, by Selwyn 6 Kirwin Assoc., certified by John P. Kirwin, Registered Land Surveyor, with application Form A/88-8 by Bruno Gallinelli, as it does not require approval under the Subdivision Control Law, provided the word "Subdivision" is removed from the title of the plan. SUBDIVISION OF LAND 120. Ridge Estates III, Theodore Freeman: Mr. Bowyer reported that he had recieved complaints from the Engineering Department about the incorrect instal- lation of curbing and residents of East Emerson Road complained about the con- struction of a retaining wall of large boulders. Ms. Nordby and he had inspec- ted the site in detail. It is apparent that a different site development is being constructed than the one that was approved by the Board. Mr. Freeman continues to violate the conditions of the approved subdivision plan, the certificate of action, the special permit and the covenant, by making changes that require prior approval of the Board. Meeting of April 25, 1988 -2- The Board reviewed the charges outlined in a draft report dated April 25, 1988 entitled "ACTIONS AT THE RIDGE ESTATES III SUBDIVISION WHICH ARE IN VIOLATION". The Board also reviewed and approved for transmittal a letter, dated April 25, 1988, containing a "Stop Work Order", to be sent, with the report, to Mr. Freeman. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0-0: I. That the Planning Board finds that there are a number of violations of the approved subdivision plan for the Ridge Estates III definitive subdi- vision plan, the certificate of action dated November 25, 1985, the special permit with site plan review dated December 2, 1985, the covenant of Theo- dore L. Freeman, Jr, dated February 27, 1987, and the "Rules and Regula- tions Governing the Subdivision of Land in Lexington, Mass." and that this pattern of violations is sufficient to order that all work on this subdivi- sion be stopped, and 2. That the substantial changes which have been made, without the prior approval of the Board, the number of items that have been installed impro- perly and must be corrected, and a potential revision of the subdivision plan all indicate that the amount of surety, previously set by the Board, is no longer sufficient to permit the completion of the community facili- ties. The Planning Board rescinds it vote of January 25, 1988, at which time it established the amount of surety for the subdivision and directs that the surety (a bank passbook from the Somerset Savings Bank, Somer- ville, MA, d70-300-983 in the amount of $42,000), which the Town has been holding, be returned to the applicant and the Somerset Savings Bank be so notified, 121. Graystone Subdivision, Dover Lane: The Board reviewed a letter from Boyd/ - Smith Development Trust dated April 21, 1988, requesting a final release of surety for Graystone Subdivision. They also discussed a memo from the Town Engineer containing four items still uncompleted by the developer. On the motion of Mrs. Klauminzer, seconded by Mr. Sorensen, it was voted 4-0-0 not to release the surety until the work, listed in the memo, has been completed to the satisfaction of the Engineering Department. Mr. Bowyer reported that Paul Vears of the Engineering Deparatment said that it appeared they have not planted the correct trees as specified in the approved plan. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 4-0-0 to authorize the staff to act in the Board's behalf and issue a stop order, if necessary, to correct this problem. 122. Pine Meadows, Moore Homes Inc., Preliminary Plan: Mr. Bowyer reported Moore Homes, Inc. had filed an application for approval of a preliminary subdi- vision plan for the golf course property and the Meagherville school site. The plan shows only four lots and the bare minimum of information required by the state law. It is obviously a "freeze" plan, filed by the developer to protect his development rights under the 1987 Zoning By -Law. In response to a question from Mr. Sorensen as to what effect this action has on the provisions of Chapter 61B of the General Laws. Mr. Bowyer reported that Town Counsel had researched this point and concluded the time period is trigger- ed by notice of a change of use filed by the property owner, and nothing has Meeting of April 25, 1988 -3- been filed to this date. The filing of a preliminary plan, or of a definitive plan, does not constitute notice of a change of use. Mr. Bowyer added the Board can make it a condition of approval of a definitive plan that no construction activity can begin until the owner has filed notice of a change of use for the property under the provisions of 61B. 123. Schedule of publichearings and informational meetings*. The Board discus- sed action required by pending applications on which the clock is running. The Board agreed to meet May 16 and 23, and June 6, 1988 to hold public hearings and informational meetings. The meeting was adjourned at 7:56 p.m. r L Eleanor Klauminzer, Clerk