HomeMy WebLinkAbout2002-01-23-PB-minPLANNING BOARD MINUTES
MEETING OF JANUARY 23, 2002
The meeting of the Lexington Planning Board held in the Selectmen's Room, Town Office Building, was
called to order at 7:40 p.m. by Chairman Galaitsis with members, Davies, Harden, Kastorf and planning
staff Garber, McCall - Taylor, and Tap present. Ms. Chase was absent.
PLANNING DIRECTOR'S REPORT * * * * * * * * * * * * * * * * * * * * * * * * **
Comprehensive Plan, Final Draft Mr. Garber reported that the final draft of the first four elements of the
comprehensive plan has been completed and was widely distributed to the citizen participants, town
officials and boards and committees. The public hearing on the plan will take place on Wednesday,
January 30 in the Selectmen's Meeting Room. Appendix B has been reserved for comments received at
that hearing, to be included in the final publication, which addresses all comments received during the
process.
Mr. Garber said that the Board could choose to endorse, after the public hearing, the four elements
prepared so far. That would give more weight to the Board's negotiating position in future land
development. Or the Board can wait to endorse until the final elements, Transportation (Circulation),
Public Facilities and Services are prepared.
* * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS * * * * * * * * * * * **
SUBDIVISION OF LAND
Aaron Road Definitive Subdivision Mark Barons Continued Public Hearin : Mr. Galaitsis reopened the
public hearing at 7:45 p.m. Present were Mr. Mark Barons, the applicant, N.E. Construction Co., Mr.
Edmund Grant, attorney, Mr. James Burke, engineer, of Coler and Colantonio., and Diana and Ronald
Grammont, the owners of the property being developed. Mr. Grant made a brief statement summarizing
the progress and current status of Mr. Barons' subdivision plan for two lots on Aaron Road. He said that
Mr. Barons has submitted the requested Homeowners' Declaration of Protective Covenants and
Restrictions which sets forth homeowner responsibility for long -term maintenance of the storm water
drainage system that sets up enforcement mechanisms. Mr. Grant stated further that the Town Engineer
favors the drainage sys tern as designed. However, the Conservation Commission wants the system to
connect to the existing storm water drain on the other side of Nickerson Road which would require
digging up the street.
Mr. Grant said that he believes the Planning Board has done its part in the subdivision permitting process
and can approve the plan as is, which would be appreciated by Mr. Barons. Ms. McCall - Taylor concurred
on that point. She added that the Town Engineer has stated that he will not issue a street opening permit
on Nickerson Road for the purpose of connecting the Aaron Road drainage system to the existing town
system.
Mr. Galaitsis noted that an earlier agreed upon change of pole location is not reflected on the current
plans. Mr. Burke, the engineer, assured him it would be changed. Mr. Harden thanked Mr. Barons for
developing a homeowners covenant that spells out the owners' responsibilities in the maintenance of the
drainage system. He added that he would also like to see included a requirement to file annual
maintenance certificates with the Town and that perhaps funds could be set aside to pay a professional to
do the work. Mr. Harden said that this would give the other neighbors more recourse. Mr. Grant
responded that he will confer with Mr. Barons about this but that after the proposed Aaron Road houses
are built, Mr. Barons will no longer have any connection with the development.
Ms. McCall - Taylor pointed out that the Town's right to place a municipal lien against a property is an
existing mechanism to make sure any work that the Town ends up having to do on the system can act as a
Minutes for the Meeting of January 23, 2002
bond to assure the system does not fail from lack of maintenance.
Mr. David Kocher, 4 Nickerson Road, asked the Board to bear Mr. David Crispin's suggestions for the
drainage system. Mr. Kocher had hired Mr. Crispin to review the proposed drainage system. Mr. Crispin
listed his suggestions. He commented that the system as designed is better, relative to Mr. Kocher's
property, than one that includes the Conservation Commission's desired connection to the Town storm
sewer on the other side of Nickerson Road.
The Board and staff rejected Mr. Crispin's suggestion that the abutters be allowed to do minor
maintenance on the system, at least the storm drain grates, in an emergency. It was pointed out that the
Town public works department is the de facto overseer in an emergency. Staff assured Mr. Kocher that
the final language in the homeowners covenant is consistent with the proper process.
The hearing was closed at 830 p.m.
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Ms. McCall- Taylor read the list of requested waivers. The Board reviewed the draft decision, prepared
by the staff. On the motion of Mr. Davies, seconded by Mr. Kastorf, the Board voted unanimously, 4 -0, to
approve the subdivision plan and the certificate of action, including the requested waivers.
RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS
Applications To Be Heard on January 24, 2002: Mr. Galaitsis gave an oral review of the applications.
7 Hartwell Avenue — Special Permit with Site PIan Review in order to allow general office use
on the property in addition to the banking use allowed in the CD -1. After a brief discussion, the
Planning Board asked the staff to send a letter to the Board of Appeals clarifying what uses were
approved for the site at the 2001 Town Meeting. It is not clear from the application materials
reviewed by the Planning Board exactly what use the applicant is proposing. General office use
is broader than what is allowed. If the applicant wishes a use other than as enumerated above, he
would have to return to Town Meeting to amend the zoning.
The Board had no comment on the following applications,
IM 64 Baker Avenue — Variance to construct additions including a new front entry that will have a
9.8 -foot front yard setback and a special permit to construct a second floor addition and add a
new front entry to a nonconforming single - family dwelling.
703 Massachusetts Avenue — Waldorf School — Variance to construct a classroom addition and
reconstruct an historic porch and variance from off-street parking requirements.
The Planning Board deferred to the Design Advisory Committee on the following applications:
16 Hayden Avenue — Hayden Medical Center — Modification of an existing special permit to be
allowed to change existing signage
903 Waltham Street — Bright Horizons — Special permit to install proposed signage.
Cotton Farm Subdivision off Marrett Road Sketch #4 Proof Plan Todd Cataldo: Present for this item
were Mr. Todd Cataldo, Mr. Gary Larson, landscape architect, of Larson Associates, and Mr. Richard
Waitt, Jr., engineer, of Meridian Engineering. Mr. Larson presented the third sketch plan, previously seen
by the Board. He then compared it with a new sketch plan ( #4) showing a conventional subdivision, with
11 dwelling units on a cul de sac, laid out on the I I -acre site. Next he showed an additional sketch plan
( #5) that included only ten houses, one lot Ieft undeveloped to give the existing Cotton Farm house a
visual buffer.
The Board and staff asked questions about grading for the road, whether fill would be needed, and if they
Minutes for the Meeting of January 23, 2002
had considered a layout that would provide an average frontage of 75 feet. Mr. Larson responded that fill
might only be needed on the side away from the orchard otherwise the road will be at its current grade.
They had tried a variety of layouts and one that would yield an average of 75' frontage did not work. Mr.
Kastorf asked if the land around the Cotton Farm house not developed in this development could be built
on later. Mr. Garber answered that yes, it could. A question arose about possible use of land Mr. Cataldo
acquired through a land swap with the Town. Mr. Cataldo said it would yield only 2 lots. It was agreed to
consult Town Counsel about this. Mr. Larson said there are no wetland areas on the site.
Mr. Galaitsis and Ms. McCall- Taylor voiced concern about a proposed long, shared driveway to two of
the proposed houses.
The Board discussed what could be done to limit further development on the site. Ms. McCall - Taylor said
that the whole permitting process would have to be reopened for that to happen and pointed out that the
new road would be an interior drive and could not be used for frontage for any future new lots. Mr.
Cataldo said that, if anything, he might build a house behind the Cotton Farm house. Mr. Garber noted
that neither of the plans presented preclude further development on the site, but to do so would be
complicated.
The Board agreed that the plans seen tonight (there were aspects of each plan that they liked) are going in
a favorable direction. The suggested that Mr. Cataldo consider submitting a preliminary plan next. Mr.
Larson commented that the plans he showed tonight are conceptual and assume a 20 -foot road width and
no sidewalks. He said that actual engineering detail would affect the road, and possibly the orchard,
necessitating a request for waivers from the development regulations. Because of this, Mr. Cataldo would
like to have an interim review of his plans. The Board concurred.
Mr. Galaitsis recognized Mrs. Katherine Fricker, 93 Marrett Road, who was in the audience. She said that
she understood that as part of the land swap with the Town there was to be public access through the
subdivision land to other Town -owned land. Mr. Larson responded that there could be an easement
through a dry part of the site for such a path.
* * * * * * * * * * * * * * * * * * * * * * ** ARTICLES FOR 2002 TOWN MEETING * * * * * * * * * * * * * * * * * * * * * * **
ZONING AMENDMENTS
Review of pending zoning articles for Town Meeting The Board had a general discussion about
proposed zoning amendments for the 2002 town meeting and set a public hearing schedule, as follows:
February 13 — the two citizen articles
February 27 --- technical corrections, definitions and codification
March 6 - " house impact review.
House Impact Provisions Mr. Garber reported that the wording of the house impact provisions
amendment is in a "fluid state" at this point and that a number of local developers would be having a
lunch meeting with the staff to discuss the proposed by-law. The staff will provide the developers with
background material they have developed in the course of research on the subject of large houses. He and
Ms. McCall - Taylor are designing a PowerPoint presentation to illustrate house impact review concepts.
The meeting was adjourned at 10:15 p.m.
Sara B. Chase, Clerk