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HomeMy WebLinkAbout2001-03-19-PB-minPLANNING BOARD MINUTES MEETING OF MARCH 19, 2001 The meeting of the Lexington Planning Board held in Room G -15 of the Town Office Building, was called to order at 7:30 p.m. by Chairman Colman with members Bridge - Denzak, Davies, Galaitsis, Planning Director Garber, and Assistant Planner McCall- Taylor present. Ms. Chase arrived during the Planning Director's report, and Mr. Colman left at that time. Mr. Galaitsis took over as chair. MINUTES Review of Minutes: The Board reviewed and corrected the minutes for the meeting of February 13, 2001. On the motion of Mr. Davies, seconded by Ms. Bridge - Denzak, it was voted unanimously 4 -0 to approve the minutes, as amended. The Board reviewed the minutes for the meeting of March 1, 2001. On the motion of Mr. Colman, seconded by Mr. Galaitsis, it was voted unanimously 4 -0 to approve the minutes, as written. * * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS * * * * * * * * * * * ** DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS Morris Street Definitive Street Construction Flan, Cornerstone Concepts, Accept Surety: Steve Hamilton had asked the Board to allow him to surety with the Town in order to obtain a building permit prior to the completion of the street improvements. The improvements are shown on plans previously approved by the Board. Usually the road improvements must be completed prior to the issuance of the building permit, but the Planning Board agreed to allow Mr. Hamilton, the developer to post surety for road construction to be completed after the house is built. The Developer had submitted a passbook with a balance of $21,500 to cover that minimum amount of surety. As part of the consent agenda, Mr. Davies moved and Ms. Bridge - Denzak seconded the following motions: 1) that the amount of surety for the Morris Street Construction Plan be set at $21,500. This level of surety is determined to be sufficient through March 19, 2002 only; 2) If the road improvements are not completed by March 19, 2002, or if little or none of the work is completed by that time, and the current costs, of the amount of work to be completed, have increased, the amount of surety will be increased to reflect the costs of completing the work and the developer will be required to furnish additional surety to the Planning Board; 3) to accept surety in the amount of $21,500 in the form of Middlesex Savings Bank passbook number 179365; and 4) to allow the issuance of a building permit for lot 22 on Assessors Map 90, The Board voted 4 -0 to accept the motions. SUBDIVISION OF LAND Davis Road at Moreland Avenue Ronald Lopez Accept Covenant Endorse PIans: As part of the consent agenda, Mr. Davies moved, Ms. Bridge - Denzak seconded, and the Board voted 4 -0,:to accept the covenant as submitted by Ronald Lopez, owner /applicant, in regard to the property at Davis Road and Moreland Avenue, and to endorse the plans which were originally approved as part of the Certificate of Action issued November 29, 2000. DETERMINATION OF GRADE AND CONSTRUCTION Burlington Street at North Street, Definitive Street Improvement Plan, R. M. Whelan: Mr. Robert Whelan and his engineer William Soper of Design Consultants Inc. resented a Definitive Street Construction g p g p Minutes for the Meeting of March 19, 2001 2 Plan for the portion of Burlington Street from the intersection of North Street to the Burlington town line. Mr. Soper said the plans shown reflected changes in response to issues raised by the Engineering :Department and the Conservation Administrator. The changes are that the binder coat has been increased, the signs have been changes and the berm has been removed. The berm has been removed from the western edge of Burlington Street to allow overland flow of storm water to continue across the lot, rather than being channeled down Burlington Street where it would pass into wetlands. Ms. McCall - Taylor explained that this is a unique situation as Burlington Street is listed as an accepted street in both the Planning Board and Engineering Department records. After consultation with the Town Counsel, it was recommended that the street be constructed under a Street Construction Plan. The Board questioned the proposed signs and suggested that two signs with right angle arrows would be more appropriate. On the motion of Mr. Davies, seconded by Mr. Colman, the Board voted 4-0 to approve the street improvement plan, subject to the change in signage as discussed and with the following waivers: a turnaround of at least 120' diameter; centerline of street; curbing; sidewalks; shoulders; and, improvements across the entire frontage of the lot but not less than 125 feet. Mr. Whalen asked if there were some process that would allow him to have the building permit issued before the paving was completed. The Board agreed to allow the building permit to be issued before the roadwork was complete. The Certificate of Occupancy would serve in place of surety in this case, and a Certificate of Occupancy would not be issued until roadwork was completed. * * * * * * * * * * * * * * * * * * * * * * * * ** PLANNING DIRECTOR'S REPORT * * * * * * * * * * * * * * * * * * * * * * * * ** Comprehensive Plan Mr. Garber said that the final workshop for the data gathering and analytical phases of the Comprehensive Plan had been rescheduled from April 19 to May 2. He said that the workshops had been tremendously successful and good contributions had come from them. The presentation on the Comprehensive Plan to Town Meeting will be done on Power Point. It will be three parts, the first being an overview, the second part data, which is being produced by interns, and the third some of the choices presented for each element. The data will include information about residential and commercial growth, employment, journey to work, and housing as well as G.I S. maps dealing with undeveloped land. Mr. Garber said the next phase of the Comprehensive Plan will begin the narrowing down process and a draft preliminary plan that will include policies and implementation measures. It should offer exciting new approaches. He said that this phase may use smaller interest groups, rather than the larger workshops that have been utilized so far. Board members discussed the presentation for Town Meeting. It was their sentiment that the Planing Board Chair should do an enthusiastic introduction and then pass to the staff for the main presentation. ARTICLES FOR 2001 TOWN MEETING * * * * * * * * * * * * * * * * * * * * * * ** Planning Board Reports to the 2001 Annual Town Meeting On the motion of Mr. Davies, seconded by Ms. Chase, the Board voted unanimously, 4 -0, to approve the Planning Board Reports to the 2001 Annual Town Meeting, subject to minor adjustments as may be submitted by members by the next day. This report covers Articles 17 -21 and 35. The only Article that is sponsored by the Planning Board is Article 35, and so it is the only one for which the Planning Board will be the proponent. Ms. Bridge - Denzak agreed to do the presentation for Article 35. It deals with the length of term for a Planning Board member. Minutes for the Meeting of March 19, 2001 Mr. Davies agreed to present the report on Articles 17, 18, and 19. The Planning Board is recommending that these three articles be denied. Mr. Galaitsis or Mr. Harden will do article 20, dealing with parking. Article 21, the expansion of allowed uses in the CD -1 zone, which covers 7 Hartwell Avenue, will be done by Ms. Chase. REGIONAL, INTERTOWN ISSUES Met State Hospital Reuse Mr. Garber reported that the state is pushing to implement the reuse plan this year. He will be meeting with the engineer next week and the RFP will be going out this year. The inter - town compact, or second amendment, has not been signed. RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS Applications To Be Heard on March 22, 2001: Ms. Bridge - Denzak gave an oral review of the following application: 87 Hancock Street — Applicant seeks a variance from requirements of Section 5.8.1 of the ZBL so that a racquet court can be constructed without being completely enclosed by an 8' fence and with a side yard setback of 8.8' instead of the required 15'; and a Special Permit to construct a racquet court. This property is under a special permit issued by the Planning Board as part of a reduced frontage subdivision. The proposal before the Board of Appeals shows removal of existing vegetation and regrading in order to accommodate the racquet court. The Planning Board feels that these changes should be brought back to the Planning Board for approval and decided to ask the Board of Appeals to defer any action on this application until the owners have been before the Planning Board and received approval for the changes as required by the conditions of the special permit. In addition, the Planning Board saw no hardship basis for the granting of a variance. The Board felt the applicants should seek an alternate location that would not require a variance. The Planning Board agreed to make no comment on the applications below, also scheduled to be heard on March 22, 2001: • 294 Bedford Street — Variance from 30' front yard setback to construct a new front entry including a closed vestibule, roofed masonry platform and steps, with a front yard setback of approximately 22.0 • 384 Waltham Street, Belmont Savings Bank — Special Permit to add the name Belmont Savings Bank in two locations on existing sign board at Marrett Square. • 6 Wellington Lane Avenue — Variance from rear yard setback to construct an addition to a single - family dwelling with a 13.05' setback. • 22 Pine Knoll Road — Variance from front, side and rear setbacks to construct a two story addition to a nonconforming single- family dwelling. REPORTS Tree By -Law Committee Ms. Bridge - Denzak said that she had not been able to attend the committee recently but hoped that the Planning Board would be able to endorse the proposed by -law. Mr. Galaitsis reported that at a meeting he had attended the reaction to the by -law had been negative, as it was seen as an intrusion into private property rights. Ms. Chase said that while initially supportive, she had been disturbed by the skewing of questionnaire distribution by members of the committee. Ms. Bridge - Denzak said she felt it was important for the Planing Board to have a presentation of the by -law and she would get Patrick Mehr to e -mail members an accurate copy of the latest draft. The Board will discuss it ftirther at its next meeting. Minutes for the Meeting of March 19, 2001 4 2020 Implementation Committee The Planning Board is supposed to have representation on this committee. Mr. Garber reported that Candy McLaughlin had suggested that Torn Harden, once he is on the Board, serve as its representative. The Board members agreed that this made sense given all his work on 2020. Bicycle Committee. Mr. Galaitsis said that the committee was happy to have attendance by a Planning Board member. The committee was wondering whether the persons who had used a portion of Stedman Road for their driveway had permission to do so. Ms. McCall- Taylor said that that plan had been submitted to the Town and was allowed as the people had rights to Stedman Road. If the road were ever constructed, a portion of the driveway would be incorporated into the road. Noise By -Law. Mr. Galaitsis said that he would e -mail a copy of the draft by -law to all for review at the Monday night meeting before Town Meeting. The meeting was adjourned at 9:30 p.m. l r Stacey B�' ge -DenzP,Clerk