Loading...
HomeMy WebLinkAbout2002-03-13-PB-minPLANNING BOARD MINUTES MEETING OF MARCH 13, 2002 The meeting of the Lexington Planning Board meld in the Selectmen's Meeting Room, Town Office Building, was called to order at 7:05 p.m. by Chairman Galaitsis with members, Davies, Kastorf and planning staff Garber, McCall- Taylor, and Tap present. Mr. .Harden and Ms. Chase were absent due to illness and business travel, respectively. * * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS Davis Road Subdivision, Ronald Lopez, Release of Covenant and Surety Ms. McCall - Taylor reported .. ... ..............- - that Ronald Lopez, North Shore Construction and Development, Inc., has requested final release of surety and the covenant for the Davis Road Subdivision He has completed work on and installed all of the required public infrastructure. The Engineering Division has signed off on the project. After a brief discussion, on the motion of Mr. Davies, seconded by Mr. Kastorf, the Board voted unanimously, 3 -0 to release the covenant and to release the surety of $23,290.00. Sunny Knoll Terrace, Request for Determination of Adequacy of Grade and Construction Mr. Jon Snyder and Ms. Margaret Dykeman were present for this item. Ms. McCall- Taylor informed the Board that Jon Snyder and Margaret Dykeman, 9 Sunny Knoll Terrace, have requested the Board to make a determination as to the adequacy of the grade and construction of the portion of Sunny Knoll terrace that provides frontage for their property. They want to tear down their present house and build a new one in its place. The new house will be approximately 2,800 square feet. Mr. Snyder said that there are no zoning issues and his neighbors signed a declaration that they don't want the street upgraded. He gave a copy of the declaration to the Board. Mr. Snyder said that he and his wife could not afford to pay for upgrading and that Mr. Peter Chalpin, Town Engineer has indicated that the street is currently of adequate grade and construction. Ms. McCall- Taylor commented that there is no prescribed "mini- process" for determinations such as this. After a brief discussion, on the motion of Mr. Kastorf, seconded by Mr. Davies, the Board voted unanimously, 3 -0, that the portion of Sunny Knoll Terrace that provides frontage for number 9 is currently of adequate grade and constriction. PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW F orm A/02 -2, 179 Lincoln Street, Daniel W. Ladd The Board reviewed an Approval Not Required Plan for land at 179 Lincoln Street. On a motion duly made and seconded, the Board voted unanimously, 3 -0, to endorse the plan entitled "Plan of Land in Lexington, MA (Middlesex County) ", dated January 8, 2002, prepared by Rober Survey., Arlington, MA., certified by Clifford E. Rober, Professional Land Surveyor, with Form A/02 -2, submitted by Daniel W. Ladd for Philip and Joy Terry, applicants, as it does not require approval under the Subdivision Control Law. PLANNING DIRECTOR`S REPORT Vision 2020 Committee Voices its Support of the Comprehensive Plan Mr. Garber reported that the Vision 2020 committee through Ms. Candy McLaughlin has, expressed its solidarity with the PIanning Board and its comprehensive plan process. She asked how they can help in the implementation process, whether at Town Meeting or in other ways. The group wants the Planning Board to know that "it is not alone." Mr. Kastorf suggested inviting members of the Vision 2020 Implementation Committee to their meeting on March 25. Minutes for the Meeting of March 13, 2002 2 House Impact Review Proposed By-Law: Mr. Garber reported that Mr. Patrick Mehr, 31 Woodcliffe Road, wants the Planning Board to shift back to the neighborhood context method of measuring and ameliorating the impact of a new house in an existing neighborhood, using a volumetric measure of abutting dwellings. Mr. Garber recounted the difficulties of data gathering for such an approach. Mr. Kastorf added that though the .method was intriguing, the consensus reached by the Managing Growth sub -group of the Vision 2020 Committee was that an equitable process was impossible to design. Mr. Garber said that the Moderator asked that Article 20 be brought up at the April 10 session of Town Meeting. * * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS * * * * * * * * * * * ** SUBDIVISION OF LAND Public Hearing, Edna Street Definitive Subdivision, Lexington Housing Assistance Board Mr. Galaitsis called public hearing to order at 8:20 p.m. Mr. Marshall Derby, Chairman of the Lexington Housing Assistance Board was present for this item. There were five people in the audience. Mr. Derby explained the steps LexHAB took to acquire the land on Edna Street, having determined it was a grandfathered lot and appropriate for a scattered site affordable housing unit. He told the board that the Selectmen expressed their preference for just a driveway as the access, but the Fire Chief wants a paved roadway at least 18 feet wide. In response to Mr. Galaitsis' question, he said that the Town laid sewer there in the 1970s and there is a gravel driveway. The Lexf AB lot has an area of 12,000 square feet. Most other lots in the area have 5,000 square feet. Mr. Galaitsis asked if any unusual waivers, special to affordable housing, are requested. Ms. McCall- Taylor answered in the negative, saying that this project will construct a subdivision road laid out years ago. The Conservation Commission will require a drywell as part of the storm water drainage system. Ms. Ellen McLaughlin, 55 Asbury Street, said she would like to end up with access to the new street. That seemed to be acceptable to Mr. Derby. Kathryn Molloy, 24 Bellflower Street, asked that plowed snow be placed elsewhere than on her property, as it usually is in the winter. Mr. Garber said that the minutes of this hearing would be sent to DPW to make the Superintendent of Roads aware of her wishes. Mr. Richard Michelson, 54 Asbury Street, asked if the road would be accepted when finished and if more lots along the right of way could be built. Ms. McCall- Taylor answered that the road would not be accepted as that is a separate process involving the Board of Selectmen and Town Meeting. She said it was possible that one lot on the other side of the street would have frontage created by this plan but that any other lots would require an extension of road improvements. Mr. Derby noted that the driveway for the dwelling would be on the left of the unit so plowed snow could end up nearer homestead Street. The hearing was closed at 8:45 p.m. After some discussion and review of the draft decision, on the motion of Mr. Davies, seconded by Mr. Kastorf, the Board voted unanimously, 3 -0, to approve the subdivision plan entitled "Definitive Unaccepted Street Development in Lexington, MA, dated January 9, 2002, and, approve the certificate of action, dated March 13, 2002 including the six waivers 1 isted in the draft decision Minutes for the Meeting of March 13, 2002 ARTICLES FOR 2002 TOWN MEETING * * * * * * * * * * * * * * * * * * * ** Article 16, Change of Use to Allow Athletic Facilities in CRS Zone, Dierdre Niemann, Additiona Information Ms. Deirdre Niemann, Niemann Associates, the proponent of Article 16, Change of Use to Allow Athletic Facilities in CRS Zane, a citizen's article, was present to present additional information about her petition to amend the Zoning By-Law to allow athletic facilities in the CRS zoning district by right. The Planning Board had voted not to support the amendment after the public hearing on February 13. Ms. Niemann explained that she had talked to the Moderator and Town Counsel about the amendment. They suggested that she arnend her motion to ask instead for making athletic uses allowable by special permit. She said she will do this at Town Meeting when Article 16 comes up. With regard to parking for a proposed athletic facility at 3 Bow Street owned by Douglas Touart, Ms. Niemann said Mr. Touart would lease 20 parking spaces from the owner of adjacent vacant land. She asked the Board to recommend approval of the changed motion. Board members agreed that they could not change their recommendation to town meeting, as it was based on the motion in the warrant, which was the subject of the public hearing. They did offer, however, to consider speaking in favor of the amended motion on Town Meeting floor, as the chanty in Ms. Niemann's motion could be regarded as new information, allowing the Board to take a new position. The Board prefers that each proposed athletic facility be required to gain a special permit. Article 18, Setback for Sheds, Public Hearing Continued As neither the Building Commissioner, nor a representative of the Board of Appeals, was present to explain their position on the proposed change in setbacks for sheds, the Board agreed to continue the hearing to March 20, 2002. Article 20, House Impact Review, Further Discussion The Board discussed their decision to exempt additions to existing houses from the effects of Article 20, House Impact Review. Mr. Garber read his version of language to close the addition "loophole ". It was suggested that staf speak with planning staff in other municipalities to see what their experience has been. Mr. Kastorf noted that town meeting members had been "impressed" when they heard about other municipalities' noise by -laws at last year's town meeting and seemed to take that information into account in their deliberations. Staff reported that they have overhauled the PowerPoint presentation so that it addresses concerns and questions that came to light at the March 6 hearing on Article 20. Mr. Patrick Mehr, town meeting member, precinct 3, joined the meeting. Mr. Galaitsis recognized him. Regarding Article 20, Mr. Mehr proposed a neighborhood context approach, using a cubic foot measure, as a more effective way to set a threshold, above which a new house would have to undergo site plan review. Mr. Kastorf asked him if he intended to amend the Planning Board's motion at Town Meeting. Mr. Mehr said that he would if the Board did not incorporate the suggested amendments. Mr. Garber said that they had considered using the neighborhood context approach but decided against it as being too difficult and time intensive. He added that "viewsheds" are complicated; no one set of criteria would work for all neighborhoods. The Board has considered the ideas of many people over months of time in crafting the motion. The site review approach is an extension of the process used now to negotiate house size in the subdivision permitting process. The Board thanked Mr. Mohr for his interest and input. Minutes for the Meeting of March 13, 2002 4 * * * * * * * * * * * * * * * * * * * * * * * * ** REGIONAL, INTERTOWN ISSUES * * * * * * * * * * * * * * * * * * * * * * * * ** Metropolitan State Hospital Reuse Mr. Garber reported that he and Mr. Kastorf attended the Selectmen's meeting and asked them to sign the Second Amendment to the Metropolitan State Hospital Site Reuse Plan. The amendment had been through months of negotiations between the three Towns and the State Department of Capital Asset Management. The Selectmen signed the document, which will be routed to the other signing parties via certified mail. * * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS * * * * * * * * * * * ** RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 536 -540_ Lowell Street, 40B Comprehensive Permit, Rising Tide Mr. Galaitsis left the meeting at this point. As a result there was no quorum so that no action could be taken. However, Mr. Kastorf and Mr. Davies reviewed the draft recommendation to the Board of Appeals regarding Rising Tide, Inc.'s comprehensive permit application for a multi- dwelling development at 536540 Lowell Street. The meeting was adjourned at 9:45 p.m. karl Kastorf, Acting CIerk