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PLANNING BOARD MINUTES
MEETING OF MAY 31, 2006
A regular meeting of the Lexington Planning Board held in the Selectmen's Meeting Room, Town Office
Building, was called to order at 7:30 p.m. by Chairman Manz with members Galaitsis, Hornig, Canale,
Zurlo and planning staff McCall-Taylor and Schilt present.
************************************* MINUTES **************************************
Review of Minutes: The Board reviewed and corrected the minutes for the meeting of May 3, 2006. On a
motion duly made and seconded, it was voted to approve the minutes as amended.
************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************
SUBDIVISION OF LAND
92-110 Shade Street (Journey’s End) Sketch Plan: Present for this item were Mr. Chris Spilios and Mr.
Arthur Spilios, the property owners, Mr. Michael Snow, landscape architect, and Mr. Richard Waitt, civil
engineer.
Mr. Snow provided an overview of the proposed sketch plan, noting that the site is approximately 8.09
acres and it is zoned RO. The properties to the west of the site are zoned CD and the properties across
Shade Street are zoned RS. Members of the Board noted that the property to the north was rezoned last
year, and it is now zoned CD and not RD as noted on the plans. Mr. Snow noted the correction. He
continued with a description of the existing site conditions, stating that there is a single-family dwelling
on each of the existing lots, and a barn is sited on the Journey’s End property (at 110 Shade Street). The
Journey’s End property is currently on a septic system but it is served by the Town’s water system. There
are steep slopes along the back of the property, with slopes of 15 percent or greater transitioning down to
the Patriot Partners development to the rear. There are large open areas in the front of the property, which
provide significant views of the property from Shade Street; the areas on the southern and western
perimeters of the property are heavily forested. The wetlands that exist on the property, and on the
adjacent property, are currently being delineated to determine their location, and the topographic survey is
currently being redone as well. Mr. Hornig noted that he had walked the site, and at 92 Shade Street some
of the slopes seemed greater than 15 percent.
Mr. Snow stated that the applicants have provided four conceptual subdivision layouts for the Board to
consider, however three of the layouts (two 10-unit conventional concepts, and one 10-unit cluster)
proposed were two-dimensional concepts only, and are not preferred by the applicants. The proposed
sketch plan shows combining the two parcels, and extracting three lots through an Approval Not Required
(ANR) process; one of the ANR lots would be approximately 136,000 square feet and would retain the
existing Journey’s End mansion. Of the remaining land, the applicants are proposing a three-lot
conventional subdivision, with frontage on a new cul-de-sac that would align with Cary Avenue across
Shade Street. Two of the lots would be at the end of the cul-de-sac at the rear of the property; the other lot
would have frontage on Shade Street, and could potentially become another ANR lot if the current survey
and future design work determines that enough frontage could be provided. Mr. Galaitsis inquired why a
cluster was not one of the preferred alternatives, with open space that would be accessible from all of the
new lots. Mr. Snow replied that the applicants preferred a conventional layout to protect the integrity of
the Journey’s End property, which they intend to maintain. Mr. Galaitsis asked if the property currently
has any historic protection, and Mr. Spilios stated that it did not and that the family would not want to see
the mansion torn down.
Mr. Waitt described the proposed cul-de-sac, which would be approximately 300 feet long, and would
align with Cary Avenue with a 75 degree offset to the centerline in order to preserve wooded areas
Minutes for the Meeting of May 31, 2006 2
adjacent to the new road. He noted that the overall objective for the proposed layout is to preserve the
existing house and views, along with the retention of as much of the existing wooded areas as possible.
Only two of the proposed new lots would require a significant amount of clearing. The proposed cul-de-
sac is located in the area of a rock outcrop and would require little grading. The location of the proposed
house sites has been based on the location of areas feasible for construction with minimal disruption, and
the lots were designed around the house sites. All of the lots will have large setbacks to accommodate
larger houses. It was also noted that there is frontage on the new cul-de-sac for the Journey’s End lot for
additional development potential.
Mr. Zurlo inquired as to why the proposed road did not directly align with Cary Avenue. Ms. McCall-
Taylor added that the regulations require the road to be directly aligned or separated by at least 150 feet.
Mr. Waitt stated that the centerlines do intersect, but that a curve was added for safety reasons. The
applicants did not want to give the appearance that Cary Avenue would directly extend across Shade
Street, creating the potential for motorists to drive across Shade Street without realizing that there is an
intersection to stop at. Preserving existing trees was another objective in the design. Mr. Zurlo suggested
that the road should be aligned with the curve shifted slightly further into the site.
Mr. Zurlo inquired how the living area of the proposed houses would be calculated. Mr. Waitt replied that
designs for the houses had not yet been determined, but would be estimated when a preliminary plan is
submitted for review. Mr. Spilios stated that the recent trend along Shade Street and Cary Avenue has
been the development of very large houses, and it is his intent to provide homes of a more modest size,
however land values will ultimately determine what size the houses will be. He added that he anticipates a
price of $1.5 million would be the target for each of the new houses. Mr. Zurlo stated that he felt the
proposal was a sensitive design for the site and the neighborhood, and encouraged more diversity in the
proposed housing units. Mr. Spilios noted that his family wants to preserve the five acres for the mansion,
and hopes to find people who are like-minded to purchase the property.
Mr. Galaitsis asked for the designers, in their next submission, to show how much vegetation would be
removed to construct the road. He stated that he supports the proposed larger lots, and would not want to
see them reduced in size. He cautioned that the slopes on the site should be verified, and encouraged the
applicants to make sure that the homes will fit within the existing site context.
Mr. Hornig stated that he supports the minimal site disturbance proposed. He added that he would prefer
to see the new road directly align with Cary Avenue. He would prefer to see that the existing knoll be
kept, but understands that to construct the roadway as proposed would require the knoll to be removed.
He cautioned that if the Journey’s End lot was to be subdivided at some point in the future, that access
from the new subdivision road should be looped through the site to connect to Shade Street in another
location.
Mr. Canale indicated that there is a large maple tree along the frontage of the property at 92 Shade Street
that should be preserved. He cautioned that traffic volumes on Shade Street are higher than one would
expect, and for safety reasons the alignment of the new road should not be too direct, and considerations
should be made to ensure sufficient sight distances. Mr. Canale noted the distinction of the Journey’s End
mansion and its unique character, and he has concerns about the future development potential on the lot.
He suggested the applicants explore placing a conservation restriction or an historic restriction on the
proposed lot. Mr. Waitt noted that this would be a consideration for the preliminary plan, and it is
something that the Spilios family would likely support in order to retain the mansion.
Ms. McCall-Taylor stated that Town Counsel has recently determined that if three lots in the same
ownership or development control are proposed it would still require a special permit with site plan
review, even if the subdivision is an ANR. Mr. Waitt indicated that they would probably do two of the
Minutes for the Meeting of May 31, 2006 3
ANR lots early on. Mr. Hornig suggested that the applicant not go forward with the ANR process for the
proposed lot at the southern end of the site until the particulars are resolved for the proposed subdivision.
Mr. Waitt asked if the Board would be interested in a site visit of the property prior to the submission of a
preliminary plan. The design team could flag the layout of the proposed new road for the Board to see
how the alignment would work. Ms. Manz noted that she preferred the slight offset of the alignment for
safety and aesthetic reasons. Mr. Hornig stated he saw the risk factor being too high with an offset
alignment as it could provide limited sight distances.
Mr. Waitt noted that there are thousands of trees in the wooded areas on the site, and asked if the Board
would waive the requirement that each of the mature trees be denoted on the plans, especially in areas that
will be outside of the limit of work area. The Board noted that it would be acceptable to show only the
mature trees that would be within the work area.
Mr. Canale asked about the status of the existing accessory unit on the Journey’s End property and if it
were actively used. Mr. Spilios noted that it was currently vacant, but that it would be retained and
marketed as an in-law or an au pair suite.
Mr. Snow asked whether the Board could support an alternative to the looped turnaround if the proposed
cul-de-sac would only serve two housing units. Ms. Manz stated that the Board generally supports
alternatives to reduce impervious surface, and that use of tear-dropped shaped turnarounds has recently
been the preferred method. She added that she welcomed the invitation for the Board to conduct a site
visit.
On a motion duly made and seconded, it was unanimously voted to recommend that the applicants return
with a preliminary plan for a conventional subdivision.
AvalonBay at Metropolitan State—Name of Interior Drive
Ms. McCall-Taylor provided the Board with a list of names provided by AvalonBay for the new interior
drive to serve the redevelopment of the former Metropolitan State Hospital site. She noted that the Police
Department did not support the use of the name of Avalon in any of the proposed street names due to
possible confusion with the other AvalonBay development off of Waltham Street. Mr. Hornig asked if the
proposed interior drive would show on the zoning map, and Ms. McCall-Taylor stated that there is no
consistency in how interior drives for multi-family developments appear on the map. Mr. Hornig asked
about the difference in interior drives that serve as subdivision streets as opposed to interior drives that
serve as driveways. Ms. McCall-Taylor stated that driveways lead to parking spaces; this would be an
interior drive that would serve the purpose of giving the units addresses.
Mr. Canale stated that he was opposed to setting a precedent of naming streets after developers, and felt
that branding was inappropriate in Lexington. Ms. Manz suggested that the name should signify the
former hospital use. Mr. Zurlo stated that if branding were to apply, that maybe the Town should be
branded to the development in order to give it a town identity. Mr. Hornig stated that he was not opposed
to tying the name to the development but was opposed to naming it after the developer. Mr. Zurlo asked if
there were some unique feature on the site that the name could be based on. Ms. McCall-Taylor stated
that she would contact AvalonBay and request that they submit additional suggestions for the Board to
consider.
****************************** UNACCEPTED STREETS ******************************
STREET LIST
Ms. McCall-Taylor informed the Board that Planning Staff has contracted with a consultant who is
Minutes for the Meeting of May 31, 2006 4
digitizing the zoning map for use in GIS. As part of this process, staff is updating the list of streets that do
and do not appear on the zoning map, and adding streets from recent subdivisions that are currently not
shown on the map. She added that there are some interior drives that are built to town standards that do
not show on the map; this is mostly due to the fact that there is no definition for an interior drive so it is
subjective as to whether the drives are actually street or not.
Ms. Manz stated that she prefers that all roads that lead to houses should be included on the map, but that
they should be differentiated as to their classification. Ms. McCall-Taylor stated that all streets are
unaccepted until Town Meeting accepts them, and she added that all of the paper streets that may exist in
town are not accounted for on the list. Mr. Hornig stated that interior drives that do not have a right-of-
way and are not identified on a subdivision plan should not be shown on the map or on the list. He noted
that because of the definition stated in Section 175-67 of the Development Regulations, what should be
shown on the map boils down to roads that have a right-of-way line. Ms. McCall-Taylor suggested that
the list should have a separate section for interior drives not shown on the zoning map.
Ms. Manz asked what purpose the list serves. Ms. McCall-Taylor said that it is used when proposals come
in where the Board must determine whether an unaccepted street is of adequate grade and construction,
noting that the courts have given many non-streets legal status. She added that many towns do not have an
official zoning map due to complications such as this.
Mr. Hornig said that he felt that non-streets should not be included on the list, and that some interior
drives should be on the non-street list. Ms. Manz asked how many streets in town do not have a right-of-
way, and Ms. McCall-Taylor stated that further research would be needed to confirm the number. Mr.
Galaitsis suggested adding an introductory paragraph to the list that explains the rationale and
classifications of the list. He added that the category for each street should also be defined. Mr. Hornig
stated that he had noted some inconsistencies in the list that he would forward to staff.
DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS
32 James Street, Mr. and Mrs. Wen-I Li, Request for Determination: Mr. Schilt apologized to the Board,
noting that at the past meeting he had not been in attendance and the information that should have been
provided to the Board was not included for their review. The information provided by Mr. and Mrs. Li
documents the pavement width and the improvements to James Street completed in July 2005.
On a motion duly made and seconded, it was determined that James Street is of adequate grade and
construction in order to provide frontage for the property at 32 James Street.
********************* TRAFFIC MITIGATION IMPLEMENTATION *********************
Marrett/Spring/Bridge Intersection Improvement Recommendations Ms. McCall-Taylor informed the
Planning Board that Howard/Stein-Hudson Associates has prepared final recommendations for
improvements to the Marrett Road/Spring Street/Bridge Street intersection. Of the three concepts, the
modern roundabout did not receive public support due to the land takings involved. The other two
concepts, geometric improvements and installing a traffic signal, are compatible and could be easily
combined into a two-phased project; the infrastructure for the signals could be constructed as part of the
geometric improvements, with the signal installed at a later time. The Traffic Mitigation Group (TMG)
has recently voted to recommend to the Board of Selectmen that the traffic signal is the preferred
recommendation, and that the Selectmen should move forward to have the project placed on the
Massachusetts Highway Department’s Transportation Improvement Program (TIP). The TMG also
recommended that the Selectmen consider appropriating additional funding for the project if needed.
Mr. Zurlo asked about the history of the project, and whether there was any public input after the July
Minutes for the Meeting of May 31, 2006 5
presentation, and if there will be further opportunities for public meetings on the design. Ms. McCall-
Taylor explained that the study had lasted a year and that there had been considerable attendance at a
charrette last summer and at a public meeting this spring.
Mr. Hornig inquired whether the Board should endorse the consultant’s recommendations for the signal.
Mr. Zurlo indicated that he recalled there was more public support for the geometric improvements at the
public hearing. Ms. McCall-Taylor noted that the major difference is that the geometric improvements
would only ensure pedestrian safety, whereas the signal would help to improve the level of service and
decrease congestion at the intersection. Mr. Zurlo stated that the improvements should be tied to the
improvements at the Marrett Road and Waltham Street intersection, and he was not certain that the signal
would actually help improve the traffic flow. Ms. Manz noted that some people did not want to improve
the flow of traffic out of fear that more drivers would opt to use the intersection and bring more traffic
into the area. Ms. McCall-Taylor noted that the change would not increase traffic without widening
Spring Street.
Mr. Canale stated that the project is tiered; the geometric improvements are a necessary step before the
signals could be put in place, and the lights are really marginal improvements. Putting the infrastructure
for the signals in place as part of the geometric improvements would reduce costs in later phases of work.
Mr. Hornig added that he would not like to see the funding committed by Patriot Partners for mitigation
disappear if the project is not done. Mr. Zurlo stated that he was not comfortable with the signal, and
preferred a phased approach. Mr. Hornig noted that the basis for the report was to allow the Town to
move forward with the concept, and that more planning and design work will be conducted before
anything happens.
Ms. Manz suggested that the Planning Board write a letter of support to the Board of Selectmen. Mr.
Canale agreed, and emphasized the importance of having the project placed on the TIP soon. Mr. Hornig
agreed, and asked if the Town should move forward on its own to fund the project. Mr. Zurlo stated that
he did not see any statistics in the report to justify the signal. Mr. Hornig stated that he believed that there
had been analysis done, and that Howard/Stein-Hudson should be contacted to see if the data could be
provided. Mr. Canale stated that it would be important for the project to include multi-modal
accommodations in line with the new MassHighway Design Guidelines, adding that if the Town waits for
everything to be put in place, we’ll be waiting for a long time.
Ms. Manz inquired whether the Board would endorse moving forward with both the geometric
improvements and the signal, as recommended by the Transportation Mitigation Group, and whether the
Board felt the Town should consider funding the improvements. Mr. Zurlo stated that the letter to the
Selectmen should somehow address provisions for not providing a signal. On a motion duly made and
seconded, it was voted 4 to 1 (Mr. Zurlo in the negative) to endorse recommending to the Selectmen that
the Town proceed with both the geometric improvements and the traffic signal.
Mr. Zurlo requested further information about the necessity for a signal and what the town would gain
from it. Ms. Manz asked staff to draft a letter for the Board to approve at their next meeting stating that
the majority of the Board endorsed the project, with a side discussion about one member’s reservations
about the signal. Mr. Zurlo stated that he was comfortable with a 4 to 1 vote on the endorsement, and he
could speak about his concerns at a later time. He did ask to see if the consultants would provide more of
the data from their analysis.
*********************************** VISION 2020 ************************************
Economic Development subcommittee of the Vision 2020 Committee: Mr. Zurlo stated that the
Economic Development subcommittee of the Vision 2020 Committee will hold a scoping session as part
of their goal setting initiatives. He must reply to a questionnaire prepared by the subcommittee and would
Minutes for the Meeting of May 31, 2006 6
like the Planning Board’s input on the nine issues being discussed. Evidently there are some conclusions
being put forward by the subcommittee to solve problems that are not yet articulated. Mr. Galaitsis noted
that some of the issues appeared to be more business related rather than planning oriented. Ms. Manz
concurred, noting that the Planning Board should weigh in on matters outlined in the Comprehensive
Plan. Mr. Canale added that previous efforts of the Economic Development subcommittee had
floundered, and that people are not aware of the Economic Development element of the Comprehensive
Plan. He suggested that Mr. Zurlo encourage the subcommittee to review the Comprehensive Plan. Mr.
Zurlo noted that the subcommittee will address the parameters of the new Economic Development
position if it is approved in the override election.
****************** PLANNING BOARD ORGANIZATION, SCHEDULE *******************
Goals and Work Plan for the Coming Year : Given the late hour, the Board agreed to postpone its
discussion on a work plan for the coming year. Ms. McCall-Taylor suggested the Board submit comments
on the handout provided to her by e-mail, and she will prepare another draft for future discussion.
************************************* REPORTS *************************************
Staff
Mr. Schilt stated that the applicants for the cluster subdivision at 177 Grove Street had not scheduled the
additional test pits to be conducted on the site, when it had been agreed at the public hearing that Town
staff and representatives of the abutting property owners would witness the tests. Mr. Doug Lees, the
applicant’s engineer, told staff that he did not recall agreeing to the abutter’s representative being present
to witness the tests, and he is concerned that the representatives would dispute the findings based on their
predetermined assumptions. The applicants stated the reason they were not ready to conduct the test pits
is because they did not want to incur the costs of the tests and analysis until the Planning Board approves
the locations of the houses, drainage infrastructure and other impervious surface areas.
Ms. McCall-Taylor stated that representatives from Patriot Partners were in the office recently, and it is
likely that development on the site will be moving forward soon. They were inquiring whether they could
make minor modifications to the Preliminary Site Development and Use Plan and the Special Permit with
Site Plan Review. Ms. McCall-Taylor informed the applicants that they could do so administratively
without going back to Town Meeting as long as the amendments were within the parameters of the
approved plan.
Ms. McCall-Taylor informed the Board that a meeting had recently been held regarding marketing the
affordable units for the AvalonBay project at the former Metropolitan State Hospital. As per the Reuse
Plan the local preference requirements would be split equally among residents in Lexington, Belmont and
Waltham.
Planning Board
Mr. Hornig provided the Board with an update on negotiations between the developers of the Jefferson
Union site and the Historic Commission pertaining to the two-year demolition delay the Commission
placed on the site. The Commission was looking for changes to proposed decks and the deck access,
window placement, some architectural details and the color. The Commission wanted to preserve as much
of the remaining structure as possible, and to replicate the building elements that were demolished prior to
the stop work order instituted by the Building Commissioner for exceeding what had been approved. The
attorney for the developers wants input from the Board about what could be supported in terms of what
would constitute minor modifications to the approved Special Permit. They do not want to reopen the
special permit process.
Mr. Canale informed the Board of the draft Beaver Brook Management Plan being proposed by the
Department of Conservation and Recreation (DCR). Public comments on the draft Plan are due June 9,
Minutes for the Meeting of May 31, 2006 7
2006. It is questionable about whether there will be time before the comment period ends for the
Metropolitan State Hospital Task Force to convene and discuss the Plan. Mr. Canale suggested that the
Board support the Plan, and emphasize to DCR the importance to the Town of the Western Greenway and
the preservation of Lot 1 of the former Middlesex County Hospital as part of the greenway. Ms. McCall-
Taylor noted that the proposal to construct the visitor center in Lexington would be a violation of the
reuse plan for the Metropolitan State Hospital property, and that the center should be on the site proposed
for a golf course in Waltham. Mr. Hornig concurred, as constructing the center in Lexington would have
impacts on traffic and existing wetlands. On a motion duly made and seconded, it was voted 4 to 1 (Mr.
Zurlo abstained) to write a letter to DCR to support the Beaver Brook Management Plan, with the
recommendation that the preservation of the Western Greenway and addition of Lot 1 to the reservation
be key elements in the Plan and that the visitor center be sited off the Metropolitan Parkway South as
originally planned.
On a motion duly made and seconded, it was voted to adjourn the meeting at 11:10 p.m.
Anthony G. Galaitsis, Clerk