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PLANNING BOARD MINUTES
MEETING OF MAY 18, 2005
A regular meeting of the Lexington Planning Board held in the Selectmen's Meeting Room, Town Office
Building, was called to order at 7:40 p.m. by Chairman Harden with members Manz, Galaitsis, Canale
and planning staff McCall-Taylor present. Mr. Hornig was absent.
******************************* EXECUTIVE SESSION ********************************
At 7:40 p.m., by individual poll of the Board – Mr. Galaitsis, Mr. Harden, Ms. Manz, Mr. Canale – it was
voted to go into Executive Session to discuss litigation and to return to open session.
At 8:05 the Board returned to open session.
************************************* MINUTES **************************************
Review of Minutes: The Board reviewed and corrected the minutes for the meeting of March 9, 2005.
On a motion duly made and seconded, it was voted to approve the minutes as amended with Mr. Canale
abstaining as he was not a member of the Planning Board at that time.
The Board reviewed and corrected the minutes for the meeting of March 15, 2005. On a motion duly
made and seconded, it was voted to approve the minutes as amended with Mr. Galaitsis abstaining
because he was absent on March 15.
************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************
DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS
After reviewing the proposal for road improvements on Fairland Street, the Board, by a vote of 4 - 0,
acting under Section 175-68 of the Development Regulations, determined that Fairland Street, an
unaccepted street, insofar as it provides frontage for 21 Fairland, is presently not of adequate grade and
construction, but that, upon the satisfactory completion of improvements proposed by Seaver
Construction, Inc., Woburn, MA, Fairland Street will be of adequate grade and construction. The
proposed improvements were shown on the plan of the property prepared by Keenan Survey, dated March
31, 2005, and as described in the May 18 letter from Scott Seaver to Maryann McCall-Taylor. The
improvements will include the filling of potholes, shimming low areas and resurfacing with 1” of finish
pavement. The sewer structure will be raised if necessary. The repaving will extend from the
southwestern corner of the lot toward Eastern Avenue for a distance of approximately 288’.
Based on this determination, the Building Commissioner may issue a building permit. The occupancy
permit cannot be issued until the roadwork is complete, a registered professional engineer or landscape
architect has certified that the construction is complete, and a set of as-built plans is submitted.
SUBDIVISION OF LAND
48 Summit Road – The applicant who had submitted a preliminary subdivision plan which was to be
discussed this evening requested that the Board postpone the continuation of their deliberations to a later
date and asked to extend the time in which to take action from May 26, 2005 to July 29, 2005. The
applicant was not available due to a family emergency that took him out of the country. The Board, on a
motion by Ms. Manz, seconded by Mr. Canale, voted to extend the time in which to take action on the 48
Summit Road Preliminary Subdivision until July 29, 2005, and to consider the preliminary subdivision at
a later date in June or July when the applicant would be available
31,33 and 35 Cary Avenue Cluster Subdivision Plan, Sheldon Corporation – The Board signed the
Certificate of Action and the Special Permit with Site Plan Review for the 31, 33 and 35 Cary Avenue
Cluster Subdivision.
Scottish Glen Cluster Subdivision, off Summer Street, Curran Construction – The developer had changes
that he wanted to make from the plans as approved – the substitution of decks for patios, the relocation of
Minutes for the Meeting of May 18, 2005 2
the infiltration chamber, the elimination of a hydrant and the 8” water main within the property. The
Board members voted 4 to 0 on the motion of Mr. Canale, seconded by Ms. Manz to eliminate the 8"
water main from Summer Street up the driveway and the hydrant within the property. Instead there would
be four 1' water lines to each of the units and no new fire hydrant. The hydrant on Summer Street was
deemed adequate by the fire department. In addition the vote allowed the relocation of the infiltration
chamber to an area more on the interior of the site. The original location was found to have ledge.
The Board felt that it needed more information on the substitution of decks for patios and directed the
staff to ask the applicant to supply plans showing the elevation of the decks and the net change in square
footage between the patios and decks for consideration at a future meeting.
Rowland Avenue – The neighbors had requested that the Planning Board postpone the public hearing
posted for June 1 as they felt there was insufficient time to review the plans. The Board felt that it would
be better to begin the hearing process but agreed that they would not end the hearing the evening that it
opened but would continue the hearing to allow adequate input from all parties.
58 Colony Road – The applicant requested that the mid-term review, originally scheduled for the June
th
15 meeting that had been canceled, be placed on an earlier agenda rather than a later one. The Board
agreed to meet on June 8 in order to accommodate that request.
1359 Massachusetts Avenue Sketch Plan – Present for the development team were Mr. Michael Dryden
of Meridian Engineering, Attorney George Foote, and owner Dr. Jeff Hittson. Mr. Dryden gave a brief
overview of the project, which is a conventional subdivision off of Massachusetts Avenue that would take
two parcels totaling approximately 1.5 acres and create three lots. The existing house would remain and
be added to, and two new houses would be built. The driveway and easement to an existing house on the
other side of the bikeway would be reconfigured. Mr. Foote opined that his review of the deeds shows
that the applicant has the right to build a roadway over a right of way and an easement shown on plans
and referred to in deeds. Ms. McCall-Taylor said that it is not the role of the Planning Board to be a land
court and that while the Board could require the applicant to affirm his rights to develop the road the
Planning Board might have to rely on the legal opinion submitted. The members felt that the legal issues
were predominant and asked that the town counsel be asked to provide a second opinion on the rights of
the applicant to develop the road. Mr. Harden said that they had asked for peer reviews of traffic studies
in the past and could they not ask for a peer review from Palmer and Dodge? Ms. Manz suggested a peer
review might be appropriate and it need not be Palmer & Dodge. Mr. Galaitsis asked who should pay for
the cost of such a review. The Board instructed the staff to ask Palmer and Dodge about reviewing the
legal opinion submitted by the applicant and whether or not the applicant could be charged for a review.
As to the site issues of the plan submitted, the Board expressed a preference for Option B that showed a
modified turnaround, rather than Option A, with the fully paved 120’ cul de sac. They asked the
applicant to talk with his neighbors about his plans. Mr. Canale said he would view the project in a more
favorable light if it provided access to the bikeway. Ms. McCall-Taylor asked if this meant there should
be a sidewalk and Mr. Galaitsis said he favored sidewalks wherever possible. Ms. Manz concurred as did
Mr. Harden who said that public access through the site would be desirable.
The Board left it to the option of the applicant as to whether or not to proceed to a preliminary plan as the
next submission, feeling that it would depend on the outcome of discussions with the neighbors. The
planning staff will continue to explore the legal issues.
************************** REGIONAL, INTERTOWN ISSUES **************************
Hanscom DRI – Mr. Canale reported on the last week’s meetings, saying that the Hanscom Area Towns
Minutes for the Meeting of May 18, 2005 3
(HATS) chair Sara Mattes had suggested revisiting the Development of Regional Interest (DRI)
agreement as a possible model for the participation of the towns in future planning. The announcement
last Friday that Hanscom would expand is considered a realignment and Mr. Knisely, the attorney
consulting on the pre-Base Realignment and Closing (BRAC), said that if the base were closed or
realigned the towns should form an Local Redevelopment Authority (LRA). Without the designation of
an LRA the governor would have the say regarding issues at the base. While the Massachusetts Defense
Technology Initiative (DTI) is still on the table with its money for infrastructure improvements it is likely
the federal agencies will do their own infrastructure improvements. The housing privatization will go on.
Mr. Canale further explained that there would be an LRA only if there is an application for designation as
an LRA.
Larry Belvin is currently the Planning Board’s representative to the DRI but Mr. Canale expressed his
interest in serving as the Board’s representative. He said that he would contact Mr. Belvin about taking
over the position. Mr. Harden said that the Board should schedule time to discuss the planning issues
facing the area west and north of 128, including Hartwell Avenue and Hanscom.
************************************* REPORTS *************************************
Planning Staff
Ms. McCall-Taylor reported the following:
112 Laconia Street Definitive Subdivision Plan, Incomplete: Review of the definitive subdivision
application for 112 Laconia Street showed that it was incomplete. The Town Clerk and the applicant have
been notified of this, as required by the Development Regulations. Once a complete application is
received a public hearing can be scheduled.
Inclusionary Housing Zoning Amendment: The Housing Foundation, an outgrowth of the Housing
Partnership Board, plans to hire Mr. Philip Herr to assist them with drafting an inclusionary housing
zoning amendment. Ms. McCall-Taylor asked the Board how involved it would like to be in this process.
Mr. Canale said he was concerned that the Partnership was not broad-based enough to know what could
survive town meeting. Mr. Harden commented that there is much to do and they will need to make a lot
of progress in order to come before next spring’s town meeting. Ms. McCall-Taylor suggested that
perhaps a subcommittee of the Planning Board and the Partnership would be an effective way to move
forward. She will speak to Mr. Bob Bicknell about this.
Marrett-Spring-Bridge Intersection, Consultant for Study: The contract for the Marrett Road intersection
study has been awarded to the firm of Howard/Stein-Hudson.
Planning Board
Surplus Land Disposition: Mr. Canale distributed copies of the tool kit for low impact development. He
gave a brief update on the status of surplus land disposition by the state, including the various bills before
the legislature. There had been a meeting at the Department of Capital Asset Management’s office to hear
the Sasaki report on the development potential of the Middlesex Hospital Lot 1 attended by Mr. Canale,
Ms. Jeanne Krieger, Ms. McCall-Taylor and Mr. Chuck Hylander. A public presentation of this report
will be arranged for some time in the next month.
On a motion duly made and seconded, it was voted to adjourn the meeting at 10:30 p.m.
Richard L. Canale, Clerk