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HomeMy WebLinkAbout2003-09-24-PB-minPLANNING BOARD MINUTES MEETING OF SEPTEMBER 24, 2003 The meeting of the Lexington Planning Board held in the Selectmen's Room, Town Office Building, was called to order at 7:35 p.m. by Chairman Harden with members Chase, Davies, Galaitsis and planning staff Garber McCall-Taylor, and d esent. Mr. Kastorf was absent. Mr. Garber left the meeting after Tap g his report to the Board, due to a personal obligation. MINUTES Review of Minutes The Board reviewed the minutes for the housing initiative meeting of August 5, 2003. On a motion duly made and seconded, it was voted to approve the minutes as written. * * * * * * * * * * * * * * * * * * * * * * * * ** PLANNING DIRECTOR'S REPORT * * * * * * * * * * * * * * * * * * * * * * * * ** Work Program Update Mr. Garber went over an updated version of the Planning Department and Planning Board Work Program, dated September 2, 2003, pointing out changes and additions to the program, Categories included major planning projects; comprehensive plan implementation and zoning initiatives; land development and subdivision control; zoning and related review for town meeting; unanticipated technical assistance; spillover from override cuts and unclassified major activity. As many as six rezoning proposals might be on the warrant for Town Meeting in the spring. The Housing Action Forum will need support throughout the rest of 2003 and all of 2004. Mr. Garber left the meeting. * * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS * * * * * * * * * * * * * DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS 42 Laconia Street Definitive Street Construction Plan., George Woods Mr. Woods and his business partner were present along with 11 residents of Laconia Street. Ms. McCall - Taylor summarized the situation on Laconia Street. Mr. Woods plans to demolish the dwelling at 42 Laconia Street and build a new one, necessitating the improvement of a portion of the street, according to Section 5 of the Development Regulations. Because the Town will be installing new water service in Laconia Street in the near future, after discussion with the Town Engineer it was agreed that Mr. Woods should post a bond for the cost of improving the required distance instead of doing the improvements only to have them torn up when the town work is done. Mr. Woods asks that the Planning Board approve his Street Improvement Plan, which shows construction of about 400 feet of street 18 feet wide with Cape Cod berm along both sides for a total width of 20 feet. Both ends of Laconia Street have accepted portions. The residents of Laconia Street want the remainder upgraded because of serious water drainage problems. Many of them are willing to put up enough money to build the street up to town standards so the town will accept it as a public way. The Town Engineer 's position is that the street should be 24 feet wide, with five feet of shoulder on both sides. Many of the neighbors are willing to accept that and have been working with a lawyer hoping to have the improved street accepted by Town Meeting. One neighbor strongly objects to that solution saying it would necessitate the removal of many trees and stonewalls and spoil the character of the neighborhood. Another commented that not everyone might have the money to put in for such improvements. Mr. Davies expressed his objection to the 24 -foot width. He favors Mr. Woods' plan. Mr. Harden, Ms. Chase and Mr. Galaitsis agreed that the plan Mr. Woods has submitted for a 20 -foot wide road is acceptable; it saves trees and neighborhood character. If road construction is delayed until after the water main work, the estimated $75,000 bond could be applied toward the Laconia Road improvements as a whole. Mrs. Chase expressed her aversion to using the bond money to construct a 24 -foot wide road. Minutes for the Meeting of September 24, 2003 2 On a motion duly made and seconded, it was voted 4 -0 to approve the Definitive Road Construction flan dated September 4, 2003, by Noonan & McDowell, Inc., showing improvements to 400 feet of Laconia Street to an 18 foot -width with Cape Cod berm on both sides; to allow surety for the estimated cost to construct the approved plan, as determined by the Engineering Division, to be applied toward improvements to the entire road if the town elects to improve the road within two years, and to allow issuance of a building permit and certificate of occupancy after surety is posted but before work on the street is done. RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS A 2plications To Be Heard on September 25 2003: The Board reviewed the petition of the resident of 653 Lowell Street for a special permit to construct an addition above the non - conforming section of dwelling, which raised some questions for which there appeared to be insufficient information to resolve: The presence of two houses on one lot is a non - conforming use in the RO zone unless a special permit or variance has been issued allowing two units on one lot. There appears to be no special permit on record for this property. It is unclear as to whether this is a nonconforming use, a non- complying use, or a special permit use. If, as it appears from the little information provided, that this is a nonconforming use, any expansion should not be encouraged. §135- 26D(3) states "The provisions of this article are intended to... discourage any expansion of a nonconforming use, as measured either by the amount of floor space or land area used..." The Planning Board urges the Board of Appeals to clarify the status of the property and to require the applicant to apply for any permits that may be needed. The Board had no comment on the following petition. • 37 Woburn Street — Variance to keep accessory structures within the required setback • 18 Lockwood Road — Special permit to construct an addition above non - conforming section of dwelling • 50 Taft Avenue — Variance to construct new entry • 1752 Massachusetts Avenue — Appeal of Zoning Enforcement Officer's decision that personal training is not an allowed use in the CB district * * * * * * * * * * * * * * * * ** PLANNING BOARD ORGANIZATION, SCHEDULE * * * * * * * * * * * * * * * * * ** October Meeting Schedule The Board scheduled two meetings of the Housing Action Forum, on Wednesdays October 1 and October 8 at 5:15 p.m., followed by regular meetings at 7:30 both nights. REPORTS Member Concerns Mr. Davies commented on a letter the Board received from resident and Bicycle Advisory Committee member Marita Hartshorn. The letter expressed her dismay that a section of public sidewalk in her neighborhood was removed by abutting landowners who wished to replace it with landscaping, and who had received permission to do so from the Town Engineer, The Board shares Mrs. Hartshorn's dismay and questioned who has jurisdiction in this regard. The Board asked staff to talk with town counsel about the issue and report back to them. On a motion duly made and seconded, the Board voted unanimous o adjourn 9:15 m. John L. Davies, Clerk