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HomeMy WebLinkAbout2004-09-21-PB-minA 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 McCall - Taylor, Tapper and Tap present. Mr. Kastorf joined the meeting at 9:35 p.m., after the Hazel Road public hearing was closed. ****** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MINUTES ****** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Review of Minutes The Board reviewed and corrected the minutes for the meeting of March 17, July 28 and August 18, 2004. On a motion duly made and seconded, it was voted to approve the minutes as amended. * * * * * * * * * * * * * * * * * * * * * * * * ** REGIONAL, INTERTOWN ISSUES * * * * * * * * * * * * * * * * * * * * * * * * ** Middlesex County Hospital Land Mr. Davies reported that the Historical Commission would not hold up the demolition permits for the property. * * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS * * * * * * * * * * * ** SUBDIVISION OF LAND Hazel Road Special Residential Development D efinitive Plan, Ronald Lopez, Continued Public Hearing: Mr. Harden opened the continued hearing on the Hazel Road Subdivision at 7:45 p.m. Mr. Lopez of Northshore Construction and Development, Mr. Harrington, his attorney, Mr. Poravas, and Mr. Dryden, Meridian Engineering Inc., were present along with Mrs. Sharkey and Mr. and Mrs. Weiss, owners of the land to be developed and Mr. McMahon, Mrs. Sharkey's attorney. There were eight people in the audience. Mr. Harden summarized the features of the plan before the Board tonight. It incorporates changes requested by the Planning Board at previous meetings. • Fewer dwelling units - Eight units are now proposed • The turnaround has been enlarged to satisfy the Fire Department • The drainage system has more underground chambers and a revised operation and maintenance plan for the storm water system has been drawn up. The Conservation Commission has stated that the system may not be connected to the existing system near Winter Street. • Regarding road improvements to Hazel Road: a list of requested waivers is provided. Town Counsel sees no problem with making road maintenance a responsibility of a homeowners association. Mr. Harrington emphasized the following points: ■ The number of units proposed has been reduced to eight from the 12 in the preliminary plan. ■ A unit is being given to the Town for affordable housing. ■ All of engineer Lawrence Hayes's suggestions have been incorporated into the plans and maintenance agreements and could be a part of the covenant and listed in the special permit. ■ The developer's right to incorporate the paper street into the subdivision lot is laid out in a letter to the Planning Board from Attorney Wheeler. ■ Revised impact worksheets show that the proposal is below each threshold. Mr. Dryden said that the latest plan had different sub - surface infiltrators with a reduced foot print as well as units to handle the roof runoff. The operation and maintenance (O &M) plan incorporates the recommendations made by Mr. Hayes, the engineer for the Town. Mr. Dryden said he only listed the waivers for the intervening portion of Hazel that could be construed to be safety issues, not such requirements as curbing, signing, etc, but things dealing with the geometry of Hazel Road and its capacity. Minutes for the Meeting of September 21, 2004 Board Questions And Comments: Mr. Galaitsis requested and received confirmation that the footprint of the catch basins had been reduced but that the capacity was the same. He also requested that the maximum gross floor area be listed in the special permit and on the plans. There was extended discussion of the storm water management. Board members wanted to guarantee that maintenance would be done on the infiltrators system. Mr. Harden proposed having the condominium association hire a licensed engineer on an annual basis to review inspection and maintenance Iogs and certify that the work was being done. Ms. Manz commented that this would protect the association as well as the abutters. Attorney Harrington offered to do whatever the Board wanted, suggesting that the O &M plan could be memorialized in the special permit, covenant and condominium documents. He assured the Board that all such obligations will be made apparent to prospective buyers and incorporated in the purchase and sale agreement. Mr. Galaitsis suggested that a copy of the homeowners' agreement also be filed in the Planning Department's Hazel Road file. Ms. McCall- Taylor noted that the homeowners' document should be submitted to the Planning Department for review before the Board endorses the plans Audience Questions and Comments: Trudy Sadeghpour, 5 Pine Knoll Road, asked if she would have to worry about water problems in the future. Mr. Dryden responded that State regulations require them to handle all water on the site. He said his reputation is on the line and he is confident the system is more than adequate. Ms. McCall- Taylor cautioned that there were already existing water problems that this plan might not improve, however the developer's only obligation is not to worsen the situation. Further Issues with the Intervening Section of Hazel Road: The Board agreed that the developer has an obligation to the people who live in the new development to ensure that they have safe access to Hazel Road. The Town may not always have the resources to regularly plow all unaccepted streets, or in a timely manner. The Board was being asked to waive grade standards for the intervening distance. In order to keep the steeper sections of the road in safe condition, especially considering the increased traffic generated by the new development, the Board felt it would be reasonable for the homeowners association to take on the responsibility for snow removal for the entire length of Hazel Road. By 4 -0 vote on the motion of Mr. Galaitsis, the board voted that a condition of any approval be that the condominium association shall be responsible for plowing the intervening section of Hazel Road. Mr. Harden added a condition that the final draft of the homeowners' agreement should be reviewed prior to endorsement of the plan. On a motion duly made and seconded, it was voted, 4 -0, to: approve the definitive subdivision plan, dated May 26, and revised on September 10, 2004, because of its benefits to the town.: the layout of the special residential development is good for this site because it deals responsibly with drainage issues, the buildings are massed so as to preserve open space and lessen stormwater runoff from impervious surfaces, the impacts are within the limits set forth in the Impacts Worksheet, the donation of one dwelling unit to the Town for affordable housing and the applicant agrees to take responsibility for snow removal on the intervening section of Hazel Road. The motion also included granting the waiver of the requirements for the intervening street and granting the waivers as set out in the application. On a motion duly made and seconded, it was voted, 4 -0, to grant a special permit with site plan review (SPS) for a planned residential development; and grant other special permits as cited in the decision, pending review of the covenant and the O &M plan prior to endorsing the plans, and for the reasons delineated above, as laid out in the plans. Mr. Harden thanked Mr. Lopez for being so responsive to the Board's requests. He closed the hearing at 9:30 p.m. Mr. Kastorf joined the meeting at 9:35 p.m. Minutes for the Meeting of September 21, 2004 48 Summit Road Sketch Conventional Subdivision Plan Presentation by the Applicant: Present for this item were Mr. Yuan -Shion Tung, the applicant, and Mr. Fred Russell, designing engineer. Mr. Russell presented a sketch plan for a two -lot conventional subdivision on a 1.43 -acre lot at 48 Summit Road, an unaccepted portion of Summit Road so a reduced frontage subdivision (requiring frontage on a public way) was not possible. There is an existing house on lot one; a new house would be sited behind it fronting on a new road with a cul de sac turnaround 60 feet in diameter. It was not clear there is adequate frontage for lot one and therefore no proof that a conventional subdivision could be built on the land. Mr. Tung intends to live in the new, smaller, dwelling and would prefer to build a less overwhelming roadway to serve the new house than is required by the Subdivision Regulations. A great deal of fill would be necessary for siting the new house if the turnaround must be 60 feet. It was noted that the condition of the intervening street needs to be addressed. Mr. Russell said he would look at what could be done to improve Summit Road relative to that requirement. Mr. Kastorf encouraged the applicant to next present to the Board a preliminary plan showing a smaller turnaround and a list of waivers needed; how the stone wall would be dealt with if some of it has to be taken down; trees to be retained; and a conventional "proof plan ". He urged the applicant to begin to talk with his neighbors. * * * * * * * * * * * * * * * * ** PLANNING BOARD ORGANIZATION, SCHEDULE * * * * * * * * * * * * * * * * * ** Meeting Schedule for October and November The Board set meetings for October 6 and 20 and for November 3 and 17. Planning Director Search The Board discussed the search for a new planning director. The current job description will be used and the Board will work with Acting Town Manager Linda Vine to develop the search committee and a process. Ms. Vine hopes to choose a planning director by the end of the year. Mr. Davies and Ms. Manz will represent the Board on the search committee. REPORTS ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Marrett/S rin Bride MSB Intersection: Mr. Kastorf reported that the committee studying the MSB intersection and possible traffic improvements there would present its recommendations on a planning process to the Board of Selectmen on September 27. He indicated that he would urge the Selectmen to hire someone to conduct a consensus building effort, as previous attempts and funds allotted to correct traffic at that, and other, intersections have resulted in no improvements, in part because stakeholders did not want anything done. It was agreed that a successful model must be found. 2020 Workshop on October 2, 2004 Mr. Harden reported that the Vision 2020 Committee is holding a workshop on Saturday, October 2, from 8:30 am to 12:00 p.m. There will be speakers and three focus groups will discuss community dialogue, the budget process and fiscal issues, and economic development. The committee hopes the Board will be represented at the event. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** EXECUTIVE SESSION * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** At 10:40 p.m., upon individual poll of the Board —Mr. Kastorf, Mr. Harden, Ms. Manz, Mr. Davies and Mr. Galaitsis —it was voted to go into executive session and not to return to open session. Wendy Man. , Cl rk