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HomeMy WebLinkAbout2003-12-17-PB-minThe meeting of the Lexington Planning Board held in the Guard Room in the Lexington Police Station, was called to order at 7:30 p.m. by Chairnm Harden with members Chase, Davies, Galaitsis, Kastorf and planning staff Garber, McCall - Taylor, and Tap present. * * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS SUBDIVISION OF LAND Aaron. Road Conventional Subdivision, Mark Barons, Release of Lot One Present were developer Mark Barons, his attorney Michael Rubin, and attorney James Coughlin, representing Mr. Wade Appleman, also present, who was to have closed on the house on Lot One of Mr. Barons' Aaron Road Subdivision on December 12, 2003. However, the as -built plans showed that two electric boxes had been installed within the sewer easement and the right of way and the Engineering Division would not sign off on the plans until these were moved to an appropriate location. There was also the question of whether the homeowners of Lot 2 were bound to the homeowners agreement regarding maintenance of the road and drainage system. * * * * * * * * * * * * * * * * * * * * * ** ARTICLES FOR 2004 TOWN MEETING * * * * * * * * * * * * * * * * * * * * * ** Metr olitan State Hos pital J?Tppe fty RO to RD: Mr. Harden., characterizing the Met State property redevelopment as unparalleled in scale and complexity in Lexington, introduced Mr. Michael Roberts, head of the AvalonBay development team, which also includes Mr. Scott Dale, Ms_ Liz Smith, of AvalonBay Communities, Inc.; Mr. Rich Bryant, Rizzo Associates: Mr. John Connery, and Mr_ Ed Grant, local attorney. Mr. Peter Norstrand of the Department of Capital Asset Management was also present. There were 25 people in the audience_ Mr. Roberts outlined AvalonBay's most recent iteration of its plans for the redevelopment of the 23 acres of the former Metropolitan. ,State Hospital site in Lexington, including a traffic study, expanded data on the potential number of school -aged children and revisions to the design some of the buildings. Mr_ Bryant, Rizzo Associates, traffic consultant, explained his traffic study. He added that in his work for other Avalon Bay developments, it has been found that the trip rates for their cornmunities :nearly match national levels. AvalonBay has expressed interest in bunging Lexpress into the site or to make sidewalk . improvements to encourage residents to -walk down to a Lexpress route. AvalonBay wants to solve key traffic problems in the most effective way with the available resources_ Installing traffic lights would be their first choice but they understand that there is opposition to that solution. The Board asked Mr. Roberts if AvalonBay would be willing to hire an independent consultant to perform a peer review of Rizzo's traffic study_ Mr. Roberts agreed to do this if the cost is reasonable_ Mr. Roberts reported that he had two working sessions with School Superintendent Joanne Benton around the issue of projecting the number of school -age children (SAC) the development would produce. Many factors affect that number: the rrfix of unit types, the building style, affordability and the eomraunity's school systerrr Three bedroom units make up only seven percent of the total. He said he has heard that some Lexington folks are predicting 300 SAC, based on one child inhabiting the "extra" bedroom in each unit_ He pointed out that using that formula on the Avalon at Lexington complex off Waltham Street, 240 SAC would be living there now instead of the czarrent I i5_ Avalon at Lexington has a higher percentage of three- bedroom units than are proposed at the Met State site. AvalonBay's other communities have fewer SAC than Avalon. at Lexington. Minutes for the Meeting of December 17, 2003 2 The Board indicated that the number of units overall could be reduced or more designated as age - restricted, alleviating pressure on the schools, on costs to the town and on the transportation infrastructure. Additional requests for factors to be included in the traffic study were made by Potter Pond residents were to take into account development on the former Middlesex County Hospital site and the possible multi- family development across the Waltham line, and to include the intersections of Walnut Street and Waltham Street with Trapelo Road. Mr. Kastorf commented that the purpose of the peer review was to review the methodology of the traffic analysis, not to perform a new study. Mr. Harden announced that there would be another information meeting with AvalonBay in January as well as a formal hearing in mid-February. ** x * ** x* x ** EXECUTIVE SESSION * * * * * * ** After a 5 -0 vote, by individual poll of the Board, it was voted to go into executive session at 9:00 p.rn to discuss a matter of potential litigation, with the intent of returning to open session. The Board returned to open session at 9:40 p.m Mr. Appleman, Mr. Rubin and Mr. Coughlin and MT- Barons were present_ Mr. Harden stated that a lkey point in the approval of the Aaron Road subdivision was the institution of a homeowners' agreement to maintain the drainage system. The Board understands that the owner of Lot Two, Mr. Connors, did not sign an agreement when he purchased the house, the lot having previously been released in good faith that such agreement would be signed at the time of purchase_ Town Counsel has advised the Board to require proof that Mr_ Connors accepts the maintenance agreement. Attorneys Rubin, and Coughlin averred that Mr. Connors is bound by the documents alTrady in place. Mr. Appleman plead the case for recognizing the current documentation as adequate. He wants to move into the house so his children can begin school in Lexington next Monday_ Attorney Rubin suggested that the Board sanction a temporary certificate of occupancy so the Apple can rent the house until the next Planning Board meeting- On motion duty made and seconded, it was voted not to release Lot One of the subdivision_ The Board pointed out that the matter of proving the transformer pads must be resolved as well_ In the end, the Board agreed to approve issuance of a temporary certificate of occupancy, to set surety for the work on the transformers and to ask town counsel to render an opinion on the efficacy of current documents on file relative to the homeowner's maintenance agreements. Lot One would not be released until the above items are accomplished. Ms. Chase can rrmented to Mr. Appleroan that the Planning Board has a responsibility to the Town to protect its interests and not to be rushed into a poor decision. *2004 ANNUAL TOWN MEETING Zoning Initiative Articles for the Warrant Upon motion duly .made and seconded, it was voted to submit the Board's proposed zoning amendments the — impervious surface in residential developments, open space in residential developments and home occupations —to the Board of Selectmen for inclusion on the warrant for the 2004 Annual Town Meeting. Minutes for the Meeting of December 17, 2003 3 * * * * * * * * ** REGIONAL, INTERTOWN ISSUES * * * * * * * * ** x Met State Hospital Redevelopment Mr. Kastorf reported that on December 29, 2003, the Lexington Metropolitan State Hospital Task Force would be meeting with the School Administration about the projected the number of school -age children at the Met State development by AvalonBay_ The Task Force has informed AvalonBay that they face difficult odds in getting Town Meeting approval unless the project has fewer dwelling units, supports Lexpress service, and is revenue neutral. Mr. Kastorf commented that the implications for the town of not approving the AvalonBay proposal need to be brought out into the open. * * * * * * * * *m * * *x * * * ** REPORTS Noise Committee Mr. Galaitsis reported that at the November 17 Selectmen's meeting, the Selectmen approved a special permit for Arlen Oil to fill their delivery trucks at night, ignoring the TeCOrTlnlendatiOn of their own Noise Committee- The.committee had two public hearings on this issue amounting to six hours of input and debate with the abutters and others_ Johnson's Farm Subdivision Proble Mr. Kastorf reported that the developer of the Johnson's Farm subdivision responded quickly and thoroughly to a request to repair poorly patched holes in Bedford Street_ The holes were dug for utility connections to the subdivision. On a motion duly made and seconded, the Board voted unanimously to 7ouTna 0 p_rrL I Jo n L. Davies, Clerk r