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HomeMy WebLinkAbout2002-08-07-PB-minPLANNING BOARD MINUTES MEETING OF AUGUST 7, 2002 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 Acting Chairman Kastorf with members Chase, Davies and planning staff Garber, Tap and Machek present. Mr. Galaitsis and Mr. Harden were out of town. MINUTES Review of Minutes The Board reviewed and made no changes to the minutes for the June 12 site visit to the Met State Hospital property. They reviewed and corrected the minutes for the meetings of July 10 and July 24, 2002. On the motion of Mr. Davies, seconded by Ms. Chase, it was voted unanimously to approve the June 12 minutes as written and the July 10 and 12 minutes as amended. * * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS * * * * * * * * * * * ** SUBDIVISION OF LAND Edna Street Subdivision, Request for Building Permit Before Street Construction Mr. Garber reported that the staff received a request from Mr. James M. McLaughlin, President of James M. McLaughlin, Inc., asking that he be allowed to get a building permit before making street improvements to the part of Edna Street that will provide frontage for lot 169, of Assessors map number 58. His letter stated that he would not ask for an occupancy permit before completing the street. The Lexington Housing Assistance Board is building a dwelling on a lot across the street and had received a building permit. Mr. McLaughlin's company is paying half of the cost of the street construction. Mr. Marshall Derby, LexHAB Chairman, indicated his support of Mr. McLaughlin's request in. an August 2 memo to planning staff. On the motion of Ms. Chase, seconded by Mr. Davies, the Board voted unanimously to grant Mr. McLaughlin's request to get a building permit before constructing the roadway. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS Bartlett Avenue, Request for Determination of Adequacy of Grade and Construction Present for this item were Mr. Wayne Jalbert, engineer, of Hancock Survey Associates, Inc., and Mr. Athan Vontzalides, attorney for the estate of Carol Batstone. Five people were in the audience. Mr. Vontzalides gave some background on his client's proposal to build one dwelling on a parcel of land —a pre- existing lot at the stub end of Bartlett Avenue— that has been in the fancily for 60 years. He said he believes that the Planning Board has the authority to control subdivision on the land and to allow a roadway to be built. He said that there is no other developable land there. Mr. Jalbert showed the Board an existing conditions survey, noting that Bartlett Avenue was created in 1919. Mr. Vontzalides claimed that his client's proposed plan would improve conditions at the site. Mr. Garber said that this proposal presents a difficult situation as the intersecting Pearl Street is not a through road, therefore the length of an improved Bartlett Avenue has to be measured from Lowell Street. The limit of length of a dead end road in Lexington is 650 ". Mr. Davies asked Mr. Jalbert to explain. the data table on the plans. Ms. Machek pointed out some errors in the table having to do with the designation of street types, Mr. Kastorf asked if anyone in the audience had questions. None were asked. Mr. Jalbert said he would correct the data table. Mr. Vontzalides restated his contention that the proposed project would improve conditions at the end of Bartlett Road and is therefore in the public interest. Mr. Garber said that putting a half- hammerhead would require intrusion onto the private lot. He added that this area for the turnaround could, in theory, be created by easement, but there is not precedent for doing this in Lexington. The regulations do not address this situation specifically. Minutes for the Meeting of August 7, 2002 2 Mr. Kastorf said that more engineering work is needed and more details need to be supplied before the Board would be willing to look at the proposal again. Ms. Chase urged the staff to involve Town Counsel at this point. Mr. Kastorf and Mr. Davies agreed that legal issues are paramount in this case. Mr. Garber said that the comments of the zoning officer and the assistant fire chief should be sought, as they would be central to this case. Ms. Darlene Hero, owner of the properly, asked the Board to consider taking up this proposal again at their next meeting as time is an issue for her. COMPREHENSIVE PLANNING Request for Proposals for Implementation of first Four Elements of the Comprehensive Plan: Mr. Garber informed the board that legal notice for the RFP for helping the staff and Board to prepare one or more initiatives from the first four elements of the comprehensive plan would appear in. the Lexington Minuteman on August 15. The Board had a number of questions about the RFP, a draft of which they had reviewed. Mr. Kastorf wanted to know, in particular, if the consultants would guarantee to be available when needed. Mr. Garber said that language could be put in the contract requiring them to be available on a task ordered basis. The Board unanimously endorsed the RFP. PLANNING DIRECTOR`S REPORT Upcoming Subdivisions Mr. Garber reported that he expects three new or next -stage subdivision proposals to be filed in the near future, including Lexington Hills, Cotton Farm and a new development on land off Cary Avenue. Regarding Lexington Hills, off Walnut Street, he said that coordination with Waltham will be an issue, as it is rumored that a large multi - family housing development is slated to be built just across the town line from the site of the Lexington Hills subdivision on the Waltham side of the former Middlesex County Hospital property. Chapter 40B, Comprehensive Permit Mr. Garber reported on. a recent change to the housing bond bill that gives municipalities more control over 40B developments. As a compromise to true local development control, the bill extends the following performance incentive to municipalities: if the community makes progress toward 10% affordable housing goal, then the locality receives a year -long reprieve from 40B projects. Mr. Garber also explained the Rising Tide 4013's switch to Massachusetts Housing Finance Agency financing, from the New England Fund. REGIONAL, INTERTOWN ISSUES Metropolitan State Hospital Site Reuse: Mr. Kastorf reported on the August b, 2002, Department of Capital Asset Management (DCAM) surplus property hearing on Lot 3 of the Met State Hospital site. The Lexington hearing was uneventful. DCAM had held a similar hearing seven or eight years ago but decided that it should be repeated after the ten -year negotiating process that the reuse plan went through, in order to comply with Chapter 309, the enabling act for Met State. He said DCAM held hearings in Belmont and Waltham also. Mr. Kastorf described a major issue which has arisen relative to the affordable housing component of the Lot 3 development in Lexington. Belmont, at the least, wants one -third of the "credit" for affordable housing to count toward the state's ten percent threshold for municipalities. Board members discussed this and agreed that the idea is untenable, as Lexington will bear the impacts of the new development. They agreed that .Mr. Kastorf should inform DCAM and the two towns that the Minutes for the Meeting of August 7, 2002 3 whole development would be at risk if they insist on sharing the affordable housing credits because certainly the Lexington Planning Board, and likely the Board of Selectmen and Town Meeting, would not support such a concept. Ms. Chase said that she and Candace Jenkins, a historic preservation expert, plan to inspect the Met State Hospital buildings with a view toward determining if they are historically significant enough to save and reuse. Mr. Davies and Mr. Kastorf asked Ms. Chase to invite Ms. Jenkins to a future meeting to relate her findings. * * * * * * * * * * * * * * * * * * * * * * * * * ** COMPREHENSIVE PLANNING * * * * * * * * * * * * * * * * * * * * * * * * ** Transportation Element Progress Report: Mr. Garber reported that data collection for the transportation element is coming along well. He said that he had been able to recruit people, particularly business people from the Hartwell and Hayden Avenue office areas, for the citizen advisory committee and a "kick -off' meeting has been tentatively set for September 10 at which planning board and staff, along with the consultants, Vanasse Hangen Brustlin, and a citizen advisory group comprised of residents and representatives of local businesses, will begin charting out goals and designing a process in workshop and other settings. * * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS * * * * * * * * * * * ** RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS Applications To Be Heard on August 15, 2002 Mr. Kastorf gave an oral review of the following applications: - ..... ....... . ■ 17 Franklin Road - Variance from front yard setback to construct two new front entry roofs ■ 76 Reed Street - Variance from front yard setback to construct an addition and farmers porch ■ 18 Farmcrest Avenue - Variance for front and side yard setbacks to add a front porch ® 319 .Marrett .Road - Marrett Square Deli - renewal of a special permit to operate a take -out and fast - food service with four seats Mr. Kastorf suggested that the Board need make no comment. Mr. Davies and Ms. Chase concurred. Mr. Kastorf told them he would review the remaining petitions before the Board of Appeals meeting on August 15 and let them know if he thought any merited a recommendation. Mr. Davies and Ms. Chase agreed to defer to his judgment as to whether or not to make a recommendation on those petitions, listed below. ■ 3 Bow Street - Special Permit to operate a fitness center with a fast -food service on the premises to serve such items as smoothies, with parking available on a separate lot ■ 77 Winter Street - Variance from side yard setback to construct an addition ■ 8 Great Rock Road - Variance for construction of a retaining wall with varying setbacks greater than the height of the wall ■ Reconsideration of 60 Bedford Street Walgreen's Drug Store - Variance From table 1, Line 18.1 of the ZBL was - granted. The Zoning Board of Appeals has agreed to consider the Planning Board's request for reconsideration, based on Planning's view that it was a use variance ■ 26 Locust Avenue - Variance from front yard setback to construct an addition or a special permit to construct an addition above a nonconforming portion of an existing single- family dwelling * * * * * * * * * * * * * * * * ** PLANNING BOARD ORGANIZATION, SCHEDULE * * * * * * * * * * * * * * * * * ** Subdivisions currently in the permitting 2rocess Mr. Garber reported on a meeting with the design team and Mrs. Jeanne Luongo, the applicant, on the proposed 47 -53 Pleasant Street development. The purpose of the meeting tivas to suggest and explore the cluster subdivision concept as an alternative to a Minutes for the Meeting of August 7, 2002 conventional development of the property. They agreed to come back to the Board with some alternatives, although Mr. Luongo has been highly resistant to doing so. Mr. Garber reported that the Scottish Glen cluster subdivision, off Summer Street, would be on the agenda of the August 21 board meeting. Ms. Chase asked how close Lexington is to having no land left to build on. The reply was that with teardowns and unknown subdivision of land being factors, the possibilities for further development are nearly infinite. On the motion of Mr. Davies, seconded by Ms. Chase, the Board voted unanimously to adjourn the meeting at 8:45 p.m. /a�rlP. Kastorf,klerk