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HomeMy WebLinkAbout2001-07-11-PB-minPLANNING BOARD MINUTES MEETING OF JULY 11, 2001 The meeting of the Lexington Planning Board held in the Selectmen's Room, Town Office Building, was called to order at 7:35 p.m. by Chairman Galaitsis with members Bridge- Denzak, Chase, Davies, Harden, Planning Director Garber, and Assistant Planner McCall - Taylor present. * * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS * * * * * * * * * * * ** PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW Form. A -01/4 Bartlett Avenue and Lowell Street Lexington Christian Academ :The Board reviewed an Approval Not Required Plan for land at 48 Bartlett Avenue and 118 Lowell Street. On the motion of Mr. Davies, seconded by Ms. Chase, the Board voted unanimously to endorse the plan entitled "Plan of Land in Lexington, MA (Middlesex County) ", dated July 3, 2001 prepared by Meridian Engineering, Inc., of Danvers, MA, certified by Mr. Michael J. Juliano, Professional Land Surveyor, with Form. A/01 -4, submitted by Lexington Christian Academy, applicant, as it does not require approval under the Subdivision Control Law. RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS Applications To Be Heard on July 19, 2001: Mr. Galaitsis gave a brief oral review of petitions to the Board of Appeals scheduled to be heard on July 19. After a brief discussion, the Planning Board agreed to make no comment on the following petitions. ■ 28 Ewell Avenue -- Variance of front yard setback to 20.5 ft. to allow an addition with fariners porch and steps. ■ 404 Marrett Road — Variance to construct a two -story addition to a non - conforming single- family dwelling that would have a side yard setback of 14.2 ft. Special Permit to construct additions to the rear and side. 25 Tower Road — Variance to re- locate a storage shed to a location with a secondary road setback of approximately 5.5 ft. ■ 15 Audubon Road — Variance to construct an addition with a front yard setback of 27.9 ft. Special Permit to construct a two -story addition to the side of a nonconforming single- family dwelling. ■ 80 Hayden Avenue -- Special Permit to place a sign above the first floor at the top of the rear side of the building, facing Route 2. ■ 121 Concord Avenue — Variance to allow an application for a permit for an accessory apartment with an exterior stairway in a dwelling constructed after 1983. SUBDIVISION OF LAND Aaron Road Improvement Sketch Plan, Mark Barons, New England Construction Co. Present for this item were Mr. Mark Barons, applicant, Mr. Edmund Grant, attorney, and Ms. Stephanie Green, engineer, of Color & Colantonio. Mr. Grant explained that the result of his research, included with the application package for the Aaron Road plan, documents the Planning Board's jurisdiction in the matter. Ms. Green presented a plan showing the layout of a road proposed by Mr. Barons to provide frontage for two lots opposite each other on Aaron Road, one of which is sub - standard. Mr. Barons plans to build one dwelling on each lot. Utilities will connect with those on Nickerson Road. Ms. Green described the drainage system. An overflow is proposed that will connect to an existing storm drain. Ms. Chase suggested the applicant read Lexington's new tree bylaw, a general by -law that might affect his project. She also said she looks forward to seeing the contour lines on the next plans submitted. Minutes for the Meeting of July 11, 2001 2 Ms. McCall- Taylor suggested that the Board consider the condition of Jean Road as it evaluates Mr. Barons' plan. Aaron Road runs off of Jean Road, which is currently unpaved. Mr. Davies questioned the placement of the turnaround on private property. Mr. Garber said it should be in the right -of -way. Ms. Bridge - Denzak questioned the fact that the runoff appears to go onto private property. Mr. Garber commented that that is more common now since the Town is unwilling to accept responsibility for drainage systems on unaccepted streets. Ms. Joyce Miller, chairman of the Conservation Commission, who was in the audience, emphasized the importance of making sure that those responsible for maintenance of the systems are aware of when it is needed, and of their responsibility. Mr. Galaitsis informed Mr. Barons' development team that the Board would like to see another sketch plan before they proceed to the next stage in the permitting process. Undergrounding, Patrick Mehr Mr. Patrick Mohr, 31 Woodcliffe Road, and Town Meeting member, Precinct three, appeared before the Planning Board to illustrate his reasons for wanting to deal with the proliferation of utility wires, and transformers and other visually unattractive attachments, by putting them underground. Slides comparing examples of current conditions and a future without the utilities in view were shown. He said that the town would save money on maintenance in the long run as the wires would not be exposed to the elements and to accidents. He went on to say that the Telecommunications Act allows the utilities to charge a fee, the revenue from which can be used toward undergrounding the utility. He said that in Europe undergrounding of utilities is a matter of course. He also said he realizes that Town staff has little time to spend on this issue and that is wiry the utilities must be involved. Mr. Mehr proposed the formation of a feasibility study committee. Conducting this item as a quasi- public hearing, Mr. Galaitsis asked first for questions from the Planning Board. Mr. Harden said that if the .issues are visual clutter and reliability of services, he believes that the legal and regulatory avenues should be explored first. Ms. Chase asked Mr. Harden, who has been involved in the 20120 Vision strategic planning process of the past couple of years, if the subject of undergrounding came up as one of the important issues. Mr. Harden answered that the subject did not arise. He added, however, that the utilities situation has worsened recently due to the proliferation of utility companies. Someone asked how it happens that Verizon gets to collect fees and clutter up the Iandscape. Ms. Bridge- Denzak asked if a study would involve the Planning Board and staff. Mr. Garber answered that it would, and cited MGL 166 on the matter of their responsibilities, which would include administration of the study as well as holding public hearings. Mr. Mehr disagreed with Mr. Garber's reading of that MGL section. Ms. Bridge- Denzak asked if Town Counsel should be consulted. Mr. Garber read part of a letter from Palmer and Dodge outlining the process under MGL 166. Ms. Bridge - Denzak questioned whether that applied to this scenario. Mr. Galaitsis said that a feasibility study requires a great deal of time and expertise. Input from other committees and boards Mr. David Kanter, Communications Advisory Committee, said that he is troubled by the idea of starting a parallel process. The issue of undergrounding should be integrated into the comprehensive plan and brought to Town Meeting to request fiinding for professionals to do the study. He said an undergrounding feasibility study would not be analogous to the activities of the Tree By -Law Committee, which wrote the Tree By -Law, a general by -law approved by Town Meeting this year. Mr. Mohr was a member of that committee. Mr. Charles Hornig, Appropriations Committee, said that the Town has utilities on poles too, including fire alarms and streetlights. Underground maintenance of these systems would be more costly than aerial. Minutes for the Meeting of July 11, 2001 3 Fire Chief Peter Torode said that there are in excess of 30 miles of wire, maybe fifty miles of wire in all. Mr. John Rosenberg, Town Meeting member, Precinct 4, praised Mr. Mehr and Mr. Kanter. However, he characterized undergrounding as an enormous undertaking and something a volunteer committee would find way over their heads. He listed many other priorities and said he believes that Town Meeting would balk at allocating any money for the study. He pointed out that there are overrides for money for schools even now. He urged the Planning Board not to endorse a feasibility study. Mr. Tom Griffiths, Capital Expenditures Committee, reported that he had polled his committee and they are concerned that undergrounding might divert money and energy away from already established priorities. He said there is already a capital plan — an informal, partial blueprint through the year 2010. Ms. Catherine Abbott, Board of Selectmen, reported that the Selectmen conducted a goal - setting session with Town staff that morning. They are uncomfortable about the way the undergrounding issue just "popped up ". They want to look at things long term. She said the Selectmen would wait to hear from the Planning Board before taking the subject up. Input/questions from the audience Ms. Ingrid Kleinhoff, Reed Street, said that power outages are a problem and also asked if there is any health hazard from overhead utility wires. Mr. Rosenberg said that no hazards have been officially recognized. Comments from the Planning Board Mr. Davies commented that he is deeply troubled that this subject seems to be coming out of left field, isolated and unconnected with the 20120 or comprehensive planting process or with budget priorities as do the issues of funds for schools, open space acquisition and the like. He wants to have more discussion with planning staff about working undergrounding into the comprehensive plan process. Mr. Garber commented that he had much earlier suggested a professional consulting team was needed. Expertise is crucial. An appropriation should be requested at Town Meeting and if approved, an RFP issued for the work. But lie noted that he has to wonder if this is more important than other capital needs. Mr. Harden added that the Planning Board would have to be involved from the beginning. It can't endorse it in a hands -off way. Ms. Chase said that she could not rank undergrounding higher than priorities that have already been set; therefore, she cannot endorse a study now. Mr. Galaitsis thanked everyone for their time and energy spent on this subject tonight. He said that while we do not like the visual pollution of the utilities, now is not the time to address it. It does not come from demonstrated priorities. Ms. Bridge - Denzak would like to know the Planning Board's legal obligation. Mr. Davies moved that in view of already established priorities facing the town in the next several years, the Planning Board declines to endorse the formation of a special committee to study undergrounding at this time. Mr. Harden seconded the motion. A brief discussion followed. Mr. Harden stated again that he believes that Town Meeting is the proper forum to address this issue. The proponents should prepare for that. Ms. Chase agreed. The question was called. Mr. Davies' motion was approved by a vote of 4 -1, Ms Bridge - Denzak opposed, Minutes for the Meeting of July 11, 2001 4 REPORTS Planning Board, Subcommittees Historic Districts Commission: Mr. Davies reported that he has been asked by the chairman of the Historic Districts Commission to help them write guidelines for the Commission. Developments with Regional Impact Group: Mr. Garber reported that Mr. Richard CanaIe, the Board's representative to the Developments with Regional Impact Group group, would like to have a Planning Board representative take part in this group's activities. The meeting was adjourned at 10:05 p.m. Sara B. Chase, Clerk