HomeMy WebLinkAbout2003-09-03-PB-minPLANNING BOARD MINUTES
MEETING OF SEPTEMBER 3, 2003
The meeting of the Lexington Planning Board held in the Selectmen's Room, Town Office Building, was
called to order at 7:30 p.m. by Chairman Harden with members Chase, Davies, Galaitsis, Kastorf and
planning staff Garber and McCall - Taylor present.
x *x * * * * * * *x * * * * * * * * * * * * * * * * *x* MINUTES
Review of Minutes The Board reviewed the minutes for the meetings of July 23 and August 13, 2003.
On a motion duly made and seconded, it was voted to approve the July 23 and August 13, 2003 minutes
as amended.
* * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS * * * * * * * * * * * **
SUBDIVISION OF LAND
Clelland Road Definitive Subdivision Midterm Review The applicants Miljana Bovan and Rasko
Ojdrovic were present. Mr. Ojdrovic said that there had been six issues raised at the preliminary plan
review and all had been answered by the plans he was now presenting -- grading at the curve; alternate
plans; a longitudinal cross- section; landscaping and tree removal plan; no parking sign and snow removal;
final list of waivers. He pointed out that the Site Construction Plan shows the following changes: a
different grading at the curve; rebuilding the wall around the parking area at 17 Clelland; the location of
all trees of 7" or greater caliper; and, a centerline of the street following the centerline of the right of way
in that portion of the street that is currently a paper street. The true scale and the exaggerated longitudinal
sections are shown on plan C -4 A and B, as well as the proposed utilities, including the light poles, and
the no parking sign. In presenting the Landscape Plan Mr. 0 drovic said there were approximately 70
trees of 7" or greater caliper, consisting mostly of locust and maple with some oak and ash. He felt that
several needed to be removed, including an 11" and an 8.5" locust. The maple on the downhill side of the
intersection would be removed at the request of the abutter who had concerns about the long -term
viability of the tree with the road construction, Mr. Ojdrovic had included a draft declaration of covenant
and restrictive easements in the documents distributed to the Board. He said that his list of waivers
included waiving the requirement for the connection to a public street, which was an umbrella waiver for
any inconsistencies in the existing road construction, and then waivers that dealt with the portion of the
street that was currently a paper street. He was proposing rebuilding the retaining walls, widening the
existing road from 10' or 12' to 18', regrading the intersection of Lisbeth and Clelland, and providing a
hydrant and a turnaround as improvements over the existing conditions. He said he had the support of
various neighbors but was still discussing issues with two neighbors.
Board Questions and Comments - Mr. Galaitsis asked if the shoulder were a minimum of 3' for the entire
distance. Mr. Ojdrovic said that the initial section, which is the existing unaccepted street, was 18' from
stone wall to stone wall, but that was only for a distance of approximately 30'. Mr. Harden commented
that in the alternative plan the grade was 14% where it had previously been 12 %. Mr Ojdrovic said that
the alternative involved more removal of soil as the hump in the road was removed to make a smoother
transition. He felt that the hump should be removed but perhaps the solution lies somewhere in between
the two proposals. He added that he felt that both alternatives would be an improvement. Mr. Harden
wondered whether there was some kind of pavement that might provide greater traction. Mr. Davies felt
that realigning the road helped on the uphill. Mr. Ojdrovic said that there had been two catch basins in the
preliminary plan as the road drained in two directions due to the hump. Only one catch basin is needed if
the hump is removed.
Mr. Harden inquired about the homeowner association that included only the two new lot owners and said
he felt it should ideally include more owners along the right of way. Mr. Ojdrovic said he could easily
Minutes for the Meeting of September 3, 2003
include the other lot that he owns but the other two might be difficult. When asked what warranty would
cover the work he replied that it is standard to have a one year warranty. Mr. Galaitsis followed up with a
query as to what would happen if the retaining wall were to fall apart. Mr. Ojdrovic said that within a
certain period he would be responsible but not indefinitely. Mr. Garber said that the real estate principle is
that abutters own to the midpoint but that the existing homeowners have little incentive to join an
association. He added that the issue of maintenance and liability will exist whether or not this plan is
approved.
In summarizing their reactions to the plan presented the Planning Board members had a variety of
opinions. Mr. Galaitsis said that he had hoped to see a plan that would not require waivers for the width
of travel way or shoulders. He would not be inclined to support a waiver to allow an 18' pavement width
or a shoulder varying from nothing to 3', but could support the other waivers requested. Mr. Harden
would like to see the pavement moved to the center of the right of way. Mr. Davies felt that the grade
change around the corner was good and that the applicant could proceed with a definitive plan. The Board
agreed that Mr. Ojdrovic could go forward and that the final plan might reflect something between the
two options put forward this evening.
Pleasant Street Conventional Subdivision, Luongos Midteml Review Chris Bailey of Larson
Associates and Eugene and Jeanne Luongo were present for this item. Mr. Bailey said that at the previous
meeting the Board had expressed concern about the two lots, numbers 1 and 7, that abut Pleasant Street,
in terms of the scale and massing of the houses. What is now being proposed is to place them further back
from the street, make them slightly taller but visually step them down with porches, He felt that the
porches also tied into the agricultural tradition of the site. A 40' no -build zone will parallel Pleasant Street
with the large trees being maintained and the under - plantings cleaned up and augmented.
In general the Board was pleased to see the evolution in the design and resolution of many of the issues
raised in the review of the preliminary plans. Areas remaining to be addressed in the definitive submittal
include the following:
• Submission of an elevation section through the gable section, superimposed on the existing
structure
• Clarification of the proposed building heights and the first floor elevations for all of the houses
• Mechanism by which the buffers and open space will be maintained including whether
ownership is to be by single lot owner or all residents of the development, and delineation of no-
build areas and what activities can be conducted within these areas
• Detailed landscape plan
• Maximum size of units
• Sidewalks — the Board did not reach agreement on whether or not sidewalks should be
provided along Pleasant Street or within the development. The applicant will have to make the case
for whatever option they present.
Marvin Street Conventional Subdivision Cornerstone Concepts, Lot Release: Mr. Steve Hamilton,
Cornerstone Concepts, had requested the release of the performance bond on his three -lot subdivision on
Marvin Street and the Board at its meeting of August 13 voted to release the performance bond on the
Marvin Street subdivision. However, when the planning staff tried to process the surety release it
discovered that the lots had never been released from the covenant. On the motion of Mr. Davies,
seconded by Mr. Kastorf, the Board voted 5 — 0 to release the lots shown on the subdivision as lots 30, 33
34 and 35 from the covenant.
Minutes for the Meeting of September 3, 2003 3
- DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS
25 Richard Road, Definitive Road Construction Plan, DEBCO Properties The Board signed the decision
that had been voted at the meeting of August 13 and reviewed the revised plans that reflected the
decision.
RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS
Applications To Be Heard on September_ 11, 2003 Ms. McCall - Taylor gave a brief review of petitions to
the Board of Appeals to be heard on Thursday, September 11.
• 433 Marrett Road -- Appeal of Zoning Officer's decision that personal training is not an
allowed use in CN Zone
• 110 Hayden Avenue — Special permit for halo -lit sign
• 390 Lowell Street Variance from side yard setback
• 3 Forbes Road — Special permit for sign above first floor and banner
The Board briefly discussed the application for 433 Marrett Road. They felt the Zoning Board should be
urged to uphold the Zoning Enforcement Officer and that if a change in the allowed uses is desired it is
only appropriately done by Town Meeting through a change in the bylaw. As to the sign applications, the .
Board deferred to the Design Advisory Committee, which had requested further information.
Mr. Galaitsis left the meeting at this point.
* * * * * * * * * * * * * * * * * * ** COMPREHENSIVE PLAN IMPLEMENTATION * * * * * * * * * * * * * * * * * * * * **
Housing Initiative A meeting with the Board of Selectmen was scheduled for Monday, September 8. The
Board discussed the content of a letter to be drafted for inclusion in the Selectmen's packet that would
advocate for the formation of a housing partnership board and for the Town to pursue inclusion in the
Newton HOME consortium.
REPORTS
Staff Report - Mr. Garber reported that he would revise the Work Program one more time and send it out.
It is his intention to update the program every two months. Mr. Kastorf commented that the issues around
rezoning to allow power plants raise much larger issues beyond zoning and he wonder if the Town were
capable of running a larger system when it already had trouble with the water bills. Mr. Harden said that
the Board would have to wait and see what came before it but they should fairly narrowly define their
focus. It was commented that the time spent on the budget was not in the work program.
On a motion duly made and seconded, the Board voted unanimously t at 10:05 p.m.
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r'�obn L. Davies, Clerk