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HomeMy WebLinkAbout2004-07-28-PB-minPLANNING BOARD MINUTES MEETING OF JULY 28, 2004 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 Acting Chairman Harden with members Davies, Galaitsis, Manz and planning staff Garber, McCall- Taylor, and Tap present. Mr. Kastorf joined the meeting at 9:10 p.m. for the executive session. He recused himself at 9:45 when the Hazel Road public hearing was reconvened, as he is an abutter to the development. * * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS * * * * * * * * * * * ** SUBDIVISION OF LAND Olde Smith Farm Cluster Subdivision Request by Homeowner to Add Dormers to Dwelling: Mr. Mark Siemiesz of Stabile Home Remodeling, Inc. was present to ask the Board to approve a request to add dormers to Unit 4 at 10 Smith Farm Lane, Olde Smith Farm cluster subdivision. His client would like to make the space above the garage more livable. He explained that while the living area in this unit exceeds the limit on living area spelled out in the subdivision special permit, the development as a whole contains slightly less living area than the special permit allowed. Mr. Galaitsis stated his firm opposition, saying that allowing the dormers would set a very undesirable precedent. The square feet of living area would exceed the limit defined in the Board's decision on the subject unit and the value of the dwelling would increase making it less affordable, affordability being one of the intended benefits of the cluster provisions. Mr. Harden agreed that the precedent would be unfortunate. Mr. Harden indicated to Mr. Siemiesz that at least four planning board members must vote to approve a change to a special permit and it appears that not four members are in favor of his request. Mr. Siemiesz asked the Board to table his request and thanked the Board for their time. Hazel Road Definitive Special Residential Development Plan Mr. Ronald Lopez, PUBLIC HEARING Mr. Harden opened the public hearing on Mr. Lopez's definitive subdivision plan for land on Hazel Road at 7:55 p.m. Present were Mr. Lopez, the applicant; Mr. Harrington, his attorney; Mr. Dryden and Mr. James of Meridian Engineering; Mrs. Sharkey, owner of part of the property to be developed, and her attorney Mr. Brian McMahon; and Ms. Weiss, another owner of the property involved. (Mr. Kastorf was not present, as he had recused himself from deliberations on this project.) Mr. Harrington briefly identified key aspects of the Hazel Road Definitive Plan, dated May 26, 2004, which is the subject of tonight's public hearing. He indicated that it addresses Board concerns voiced at the preliminary stage. The submission includes attorney Wheeler's opinion letter, dated - - -, showing that Mr. Lopez would have the rights to incorporate the land shown as the paper street right of way into the development tract. He also informed the board that a title insurance company was willing to give insurance for the development. One of the dwelling units will be deeded to the Town for a moderate - income family, with an estimated value of $400,000. Mr. Dryden presented a subdivision plan with six structures containing nine dwelling units three duplexes and three single - family houses —on the 3.7 -acre site, which comprises five combined parcels. He pointed out that this would be only a net increase of seven units or four structures as there are two structures on the property that will be demolished. The plan showed: – the proposed structures result in 10 percent less impervious surface than in the previous plan --- the limit -of -work boundary more tightly drawn by 40 feet – a turnaround 80 feet in diameter at the end of Hazel Road – a road and drive with an overall length of 500 feet (a maximum of four feet of fill would be used to mitigate the grade of the road). Assistant Town Engineer Carbonneau had no comment on the Minutes for the Meeting of July 28, 2004 2 roadway design beyond asking for signage indicating a steep grade. — utilities coming largely from Hazel Road — an additional hydrant at the fire department's request — a retaining wall adjusted so as not to harm trees Mr. Dryden indicated that the drainage system was not changed and is now more than sufficient for the reduced building program. Board Questions and Comments: Mr. Harden indicated that the Board had received advice from Town Counsel Ryan Pace suggesting some points that could be clarified in the legal letter regarding extinguishing portions of right of way and that the letter should be addressed to the Planning Board rather than Mr. Lopez. Should someone contest the applicant's right to develop the property it would not be the Town's problem. Mr. Harrington agreed to furnish a formal letter that would become part of the record. Mr. Galaitsis indicated that he wants a letter in the record from the fire department and/or engineering division confirming that the 80 -foot turnaround meets AASHTO standards, as asserted by Mr. Dryden. Engineer Larry Hayes performed an independent review of the stormwater runoff management plan on a pass - through basis. Mr. Garber said that Mr. Hayes has concerns about the lack of geotechnical data on the wooded slope and the effects of any necessary blasting. He also indicated that drywells to catch the roof runoff would help the drainage system. Mr. Dryden asserted that the system is more than sufficient as designed. Mr. Davies indicated his preference for the Cape Cod berm style for the turnaround because a truck tire can climb it, if necessary. Audience Ouestions and Comments Many of the audience's concerns had to do with the density of the development and the stormwater management system. The neighbors stated that they already have problems with water in their basements. Mr. Dryden responded that the system is designed to handle all the water on the site, as required by Massachusetts Stormwater Management Regulations. The owner of 9 Hazel Road said that the development would be an improvement to the area. A resident on Pine Knoll Road asked to be notified about any blasting. At 9:00 p.m., the hearing was recessed so that the Board could meet in executive session with town counsel. EXECUTIVE SESSION At 9:10 p.m., by individual poll of the Board — Mr. Galaitsis, Mr. Harden, Ms. Manz, Mr. Davies, Mr. Kastorf — it was voted unanimously to go into Executive Session to discuss litigation against the Town. The Board agreed to reconvene in open session to continue the Hazel Road public hearing. The Board returned to open session at 9:45 p.m. Mr. Kastorf recesed himself until the public hearing ended. Reconvened Hazel Road Public Hearin Ms. Trudy Sadeghpour, 5 Pine Knoll Road, asked what abutters' recourse would be if they experience more water problems in their homes, Ms. McCall- Taylor stated they would have to pursue the issue on their own. Minutes for the Meeting of July 28, 2004 Intervening portion of Hazel Road: Mr. Harden indicated that a portion of Hazel Road between the end of the improved roadway and the beginning of the development is problematic. The existing conditions include some portions with 16% grade. This seems steep to him in winter conditions and he wondered how much development makes sense given this condition. Mr. Garber said that the specific waivers requested were lacking from the applications. Mr. Dryden said that this was an interior drive, not a subdivision so waivers were not needed. There was further discussion on this matter, including who would be responsible for the upkeep of the road. Some board members wondered if the homeowners association for the new development could plow the entire street in order to insure that it would be kept clear. Neighbors had indicated that there have been times when the Town failed to plow on weekends. They also indicated that the major source of traffic was people who drive down Hazel thinking they can get through. Signage would help in those cases. Mr. Douglas Rae, a local realtor, stated his belief that this development would be a benefit to the town, as it improves a difficult site and one of the units will be given to the town for affordable housing. Mr. McMahon spoke for Mrs. Sharkey, saying that she believes this is a good plan. She relies on the sale of the land to Mr. Lopez to fund her retirement. Direction to the Applicant: The Board requested fewer and /or smaller units. Mr. Galaitsis indicated that a cluster subdivision does not entitle the applicant to the maximum impact factors. Members wanted to see that Mr. Hayes' concerns about runoff from the roofs were addressed as well as sing the results from more test pits. They were concerned about the effects of any blasting on the wooded slope relative to drainage especially where the infiltration is released. Mr. Dryden asked just how many units would be acceptable. The Board responded that it depends on the total number of square feet of the buildings, but that at least one building should be eliminated, and the size of the others should not increase. Members said that the developer was pushing the capacity of the site. They felt an overall ten percent reduction was needed. (Ms. McCall- Taylor pointed out that the applicant decided to file a definitive plan even after the Board disapproved the sketch and preliminary plans, at which stages it is less expensive to adjust to Board comments.) The Board indicated that it in order to keep the impervious surfaces to a minimum it would favor a pavement width of 20 feet for the interior drive. At 10:50 p.m., seeing that there was still much to be decided, Mr. Harrington asked for an extension of the time in which the Board must act so that the hearing could be continued. The time to act on the subdivision was extended until October 26, 2004 by vote of the Planning Board members present. All parties agreed to continue the hearing to Tuesday, September 21. The Board also agreed to review informally the plan in progress at its meeting on Wednesday, September 1. Mr. Harden adjourned the hearing at 11:05 p.m. STAFF REPORTS Mr. Garber reported the following: Middlesex County Hospital Land Regarding the sale of a six -acre parcel which is part of the former Middlesex County Hospital property, the state's Department of Capital Asset Management will accept placing a covenant limiting the buyer to the base zoning of the parcel, which is RO, Single - Family Dwelling. Marrett/Sprin /g Bridge Intersection The Marrett Road /Spring Street/Bridge Street ad hoc committee will be sending to the Selectmen a draft scope of services for an RFP to study the intersection and how best to Minutes for the Meeting of July 28, 2004 4 improve traffic flow there. This is a follow -up to Town Meeting's approval of the Lexington Technology Park off Spring Street. Patriot Partners provided the Town with $100,000 for traffic mitigation, part of which can be used for the study. BOARD MEMBER REPORTS * * * * *m *x * ** x x * * * * ** Housing Initiatives Mr. Harden reported that the zoning subcommittee of the Housing Partnership has defined three initiatives aimed at improving opportunities for affordable housing in Lexington: accessory apartments, inclusionary housing and adaptive reuse. With the help of consultant Philip Hen the group will endeavor to craft amendments to the Zoning Bylaw, with the goal of bringing them to the 2005 Annual Town Meeting. Lexington Center Initiative Mr. Kastorf reported that a list of connectivity enhancements for the center business district, compiled by Lexington Center Committee (LCC) member Daphne Politis, would be distributed to the joint LCCIPlanning Board group for review. Board members agreed to study relevant sections of the Zoning Bylaw to try to discover where it could be amended to improve center vitality. On a motion duly made and seconded, it was voted to adjourn the meeting at 11:15 p.m. i fib ° r i VU V Wendy Matz, CIerk