HomeMy WebLinkAbout2001-08-08-PB-minPLANNING BOARD MINUTES
MEETING OF AUGUST 8, 2001
The meeting of the Lexington Planning Board held in the Selectmen's Room Town Office Building, was
called to order at 7:34 p.m. by Chairman Galaitsis with members Bridge - Denzak, Chase, Davies, Harden,
staff members Garber, McCall - Taylor and Tap and planning intern Deborah Tyson present.
******* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MINUTES ****** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Review of Minutes The Board reviewed the minutes for the meetings of June 20 and 27, 2001. On the
motion of Mr. Harden, seconded by Ms. Chase, it was voted unanimously 5 -0 to approve the minutes, as
written. They postponed acting on the July I I and 18 minutes.
* * * * * * * * * * * * * * * * ** PLANNINGBOARD ORGANIZATION, SCHEDULE * * * * * * * * * * * * * * * * * **
Meeting Schedule The Board agreed to cancel their meeting scheduled for August 22, as a quorum would
not be present. They will meet instead on August 29, 2001.
****** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** REPORTS ****** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Board Member Concerns
17 Tower Road Mr. Davies reported that he has been receiving phone calls from residents about the
blasting and tree clearing going on at 17 Tower Road. Ms. McCall - Taylor confirmed that no permits had
yet been applied for from the Planning Board_ She said that the property owner can cut trees and do the
blastmi .g without a building permit, but will eventually have to submit a street construction plan, per the
Development Regulations, as that portion of Tower Road is unaccepted.
* * * * * * * * * * * * * * * * * * * * * * * * ** PLANNING DIRECTOR`S REPORT * * * * * * * * * * * * * * * * * * * * * * * * **
_MAGIC Subregion al Area Study Mr. Garber explained that planning intern Ms. Deborah Tyson had
produced a document entitled MAGIC Subregional Study Area completed by the Central Transportation
Planning Staff. The Board agreed to discuss it sometime in the future.
* * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS * * * * * * * * * * * **
SUBDIVISION OF LAND
B Hill Road Definitive Conventional Subdivision, Scott Seaver, Public Hearing Present for the
hearing were the applicant Mr. Scott Seaver of Seaver Construction and Mr. Frederick Russell, P_E_,
engineer_ There were 15 people in the audience.
Mr. Russell presented a definitive plan for land on Bird Hill Road. It showed three new homes on three
lots and improvement of Bird Dill Road to Swan Lane and 200 feet of Davis Road. Mr_ Russell explained
that plan reflects changes that were suggested by the Board at the sketch and preliminary stages_ It is
"Plan B ", the one the Board preferred from. the preliminary stage. He said that Mr. Seaver intends to
augment the trees removed and protect all trees 10 inches in diameter and above. Any land below the 15-
foot sewer easement will be left "natural ". The old stonewalls on the site will remain untouched_
Questions from the Planning Board
Mr_ 'Barden asked what kind of surface preparation would be done prior to putting down the one -inch
overlay of blacktop. Mr_ Russell answered that the potholes will be filled alter construction and before the
pavement is laid. Mr. Galaitsis asked the staff if the Board has all it needs from the developer application. -
wise. Ms. McCall- Taylor answered that missing are a landscape plan and a plan that details the no -build
Minutes for the Meeting of August 8, 2001
zone on lot three. Mr. Galaitsis asked whether the developer would consider paving Davis Road instead of
the rest of Bird Hill Road. Ms McCall- Taylor explained why Davis Road should be paved.
Mr. Davies asked why a hammerhead turnaround is shown, when Bird Hill Road is not a dead -end street.
The answer was that the fire department requested a turn- around. Ms. McCall - Taylor said she would
speak to the Fire Chief about it, Mr. Seaver said he wants to do what he and planning staff already agreed
to.
Mr. Galaitsis questioned the square footage of the houses referred to in Mr. Seaver's letter. After some
discussion, Mr. Seaver agreed that no dwelling would have more than 3,500 square feet of living area and
the average square footage would not exceed 3,200 square feet. Mr. Galaitsis said that he wants to make
sure that the house on new lot 3 will .not encroach into the setbacks of old lots three and four. The
applicant agreed to this.
Ms. Bridge-De nzak observed that there is not enough of a site plan even to review and a maximum
building envelope needs to be determined. In answer to another question, Mr. Russell replied that all the
existing buildings on the site have been or will be razed. Ms. Bridge - Denzak said she is not comfortable
with the high finished floor elevation of the house on lot one. Mr. Russell explained that to lower it
would involve more blasting into the ledge. Mr. Galaitsis pointed out that the.elevation drawings should
show the grade of the site along with the dwellings.
Questions and comments from the audience
Jack and Nona Dreyer, 33 Moon Hill Road, representing some of their neighbors too, are concerned about
three things:
• the effects of blasting on their homes on Moon Hill Road. When the Moon Hill houses were built,
they did not include basements so that blasting would not have to be done. They were built into
the landscape. Nearby blasting now would undoubtedly disturb the radiant heating systems in
their concrete floors as it had when other blasting was done in the area.
i the height of the new houses that will have a basement and two stories above. They would like to
see elevations drawings that include the grade of the land.
the old stone walls in the woods. He thought they were his.
Mr. Seaver said his company is insured. Mr. Russell added that there will be pre -blast surveys,
seismographs will be installed at the perimeter of the blasting zone and he noted that blasting regulations
have been made more stringent in recent years. The fire department will monitor the blasting as well. The
applicant agreed to provide elevation drawings at the .next meeting. Mr. Russell said that the stonewalls
are on the property line and so are in joint ownership. They will not be disturbed.
A number of neighbors had questions about the treatment of the roads near the development. Some want
Davis Road paved, others the remainder of Bird Hill Road, All agreed that the streets are in terrible
condition. Some expressed belief that the area would be improved by the development_ Ms_ McCall -
Taylor informed there that it was highly unlikely that the streets would be accepted by the Town upon
being improved.
Connie Heiti - nan, 12 Davis Road, said she has a basement that was built without blasting, so blasting is
not inevitable_ She and her husband have been filling the potholes on Davis Road on a regular basis. She
looks forward to the improvements Mx. Seaver's project will bring to the neighborhood -
In response to comments from Nancy Trump, 7 Bird Hill Road, Mr_ Seaver agreed to save all trees over
eight inches in diameter. Ms. Trump spoke in favor of upgrading Davis Road_
Minutes for the Meeting of August 8, 2001
Mr. Davies and Ms. Bridge- Denzak both faulted the developer for trying to ft a house designed for a
level site onto a sloping site with ledge. The blasting would not be necessary if he were building a house
designed to the site. Ms. Bridge- Denzak suggested turning the house 90 degrees so that it would fit better
on the site without blasting.
Caryl Dlugy, 16 Bird Hill Road, direct abutter to the site, commented that she welcomes this
development. As it is now the site is ugly and she had hoped the Board would approve the plan tonight.
Likewise, Philip Murphy, 25 Swan Lane, expressed his wish that the project would gain quick approval.
But he asked if a one -inch overlay of blacktop would be sufficient to cover the very rough surface of the
roads, potholes and all.
Mr. Seaver entreated the Board to give him clear direction so that he can give them a plan they would
approve at the next meeting. He would like to start the project this season. He said he cannot upgrade both
Bird Hill and Davis Roads. They agreed that Mr. Seaver should improve Davis Road from. Bird Hill Road
all the way to Rockville Avenue and Bird Hill to the match line as shown on the current plans. The Board
said it would stipulate in the special permit that access to the site during construction would be only from
Davis Road to-prevent damage to the portion of Bird Hill Road that was not being improved.
Ms_ McCall - Taylor said that the Board could approve the subdivision before approving the special permit, .
for which the Board's approval deadline is longer than for the subdivision.
Mr_ William Trautman, 7 Bird Hill Road, said that since Mr. Seaver will be making quite a profit from the
three houses he is building, why can't he improve all the streets? Why just one? Mr. Harden replied that
that is not an appropriate quid pro quo. Mr. Garber said that the Development Regulations require that
road improvements extend to the next intersection. Asking for improvements to two intersections is
excessive. Ms. Bridge-Denzak pointed out that he had already been given direction by the staff to pave to
Rockville Avenue and that should be honored.
The Board gave the following direction to Mr. Seaver and Mr. Russell:
6 Better house siting; work with the site; lower the houses; consider putting the smaller house on Iot
1 and the larger house on lot 3
Y Move house to meet 25' setback and stay within setbacks of old lot three
Bird Hill Road to be improved to the match line and Davis Road improved to Rockville Avenue
9 Trees over 8" in diameter to be retained and there be a mitigation plan for any removed
Commit to an average of 3,200 square feet living space with no house to exceed 3,500 square feet
show no -build easement on final plan
provide Special Permit with Site Plan Review documents
Philip Murphy, 25 Swan Lane, said that the corner of Davis and Bird Hill Road needs better sight
distance_ Mr. Seaver said that be cannot widen the road due to private property issues. Mr, Garber
returned to the issue of blasting and pointed out that the intensity of each blast can be lowered but the
total length of time of blasting will go up_
At 9:20, the Board agreed to continue the hearing until August 29, the Planning Board's next meeting.
32 Roosevelt Road Definiti Reside Development Plan, Ronald L opez-, Contin Pu
Hearing, Decision Mr. Galaitsis reconvened the public hearing at 7:45 p.m_ Present were Mr. Lopez,
applicant, North Shore Construction and Development; Mr_ Edmund Grant, attorney; and Mr. Dylan
Jaynes, engineer, Meridian Engineering, Inc_ There were five people in the audience. Mr. Grant said that
Mr_ Lopez has responded to the concerns that the Board expressed at the previous public hearing sessions.
He listed them, as follows:.
Brick in sand construction for the walkways and visitor parking spaces
Minutes for the Meeting of August 8, 2001 4
• The three dwellings have been slightly moved resulting in a shorter interior drive.
• Building one is shown with a pull -down stairway to the attic and the skylights removed.
• The front porch has been wrapped around and a window is added to the side of the dwelling
facing Roosevelt Street, making its appearance more interesting from the street.
Mr. Galaitsis asked for assurances that the pull -down stair to the attic is specified in the decision. Mr.
Darden asked for more specifics to be listed in the decision regarding when an arborist will be called in to
delineate the limit of work litre vis a vis the existing vegetation on the site_ Ms. Bridge- Denzak suggested
a letter from the arborist and requiring the line to be staked out. The Board asked that the letter from an
arborist and a plaza showing the limit -of -work line be made conditions of the special permit.
Mr. Galaitsis closed the hearing at 9:55 p.m.
The Board reviewed and revised a draft decision, slated August 8, 2001, prepared by the staff. Mr. Davies
stated that Mr. Lopez has been responsive to the Board's wishes and he is happy with the final result.
Subsequently, on the motion of Mr. Davies, seconded by Ms. Chase, the Board voted 4-0 to:
1) approve the definitive special residential development plan, entitled "32 Roosevelt Road ", dated
May 1, 2001, as amended; and,
2) grant a special permit with site plan review (SPS) for a special residential development; and
grant other special permits as cited in the decision.
Ms_ Bridge- Denzak abstained, as she was not present for the public hearing on June 27.
* * * * * * * * * * * * * * * * * * * * * * ** ARTICLES FOR 2002 TOWN MEETING * * * * * * * * * * * * * * * * * * * * * * **
Potential Zoning Amendments The Board went over a table, prepared. by Mr. Garber, which outlined
potential zoning amendments to bring before the 2002 Annual Town Meeting. Residents have proposed a.
number of therm_ Others, such as mansionization control, are high priority items that have grown out of
the Vision 20/20 and comprehensive planning processes. As well, the re- codification of the Zoning By-
Law and Development Regulations will likely engender word changes and technical corrections. Mr.
Garber asked the Board to examine the table and prioritize the proposed amendments, including
eliminating those deemed unnecessary.
Mr_ Harden said that lie would like for the existing inclusionary housing policies to have more "teeth ".
Mr. Davies volunteered to work on definitions_ All members want to block out time in September to
spend. on a mansionization control by -law.
ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS * * * * * * * * * * * **
RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APDEAL.S
_ App lications To Be Heard o n August 9, 200 1: ills. Bridge- Derrzak gave an oral review of the following
applications: 4
• 80 HAYDEN AVENUE - The DeWolfe Company, Special Permit to place a sign above the first floor at
the top of the rear side of the building, facing Route 2_
35 WOODLAND ROAD - Sandra & Derek Gardiner, Special P ermit to construct an addition to a
non- conforming single - family dwelling.
• 141 MASSACHUSETTS AVENUE - James Allen, Special Permit to operate a take -out and fast -food
service in the CRS District as a Dunkin' Donuts franchise_
Minutes for the Meeting of August 8, 2001
• 1701 MASSACHUSETTS AVENUE -James Allen, Special Permit to operate a take -out and
fast -food service in the CB District as a Dunkin' Donuts franchise.
5
• 68 CLIFF'E AVENUE - Miriam Fein -Cole, Variance from required 15 -ft side yard setback to construct
stairs to a rebuilt back deck on a nonconforming single - family dwelling.
• 46 MASSACHUSETTS AVENUE - Yoonsook Chung, Special Permit to operate a take -out food
service, including sushi, and have seating for waiting take -out customers at an operating fish market_
• 51 YORK STREET — Ronald Koester, Variance from the 2.5 story residential height restriction to
construct 3 -story addition
• 15 FAIR OAKS TERRACE - Kevin and Laura Wilczewski, Variance from 15 -ft. side yard
setback to expand garage and Special Permit to add to a nonconforming dwelling
• 52 F'OTTLER AVENUE —James and Patricia Messenger— Variance to construct a 2 -story
addition to a nonconforming single - family dwelling that would result in a 3-ft. side yard setback.
The Board had no comment on the applications above.
The Board agreed that it would defer to the Design Advisory Committee and the Historic Districts
Commission on the applications below.
• 330 WOBURN STREET - Bohler Engineering, Special Permit to install signage, including standing and
illuminated signs at the Shell station.
• 286 LINCOLN STREET - Bohler Engineering, Special Permit to install signage, including
standing and illuminated signs at the Shell station.
■ 36 WALTHAM STREET Bonsoir, Inc., S pecial Permit to install a hanging sign
• 153 NORTH STREET Belmont Savings Bank — Special Permit to replace 2 existing non -
illuminated sings with 2 internally illuminated signs at ATM machine
The Board wished to notify the Board of Appeals that the following application included construction of a
paper street and would require an application to the Planning Board before a building permit could be
issued_ They also felt that it was a stretch to call the proposal an addition, due to the size of the new
construction.
• 32 CLELLAND ROAD — Rasko Ojdrovic and Miljana Bovan, Variance from 30 -ft. yard setback
to 6.6 --ft_ setback to construct a 2-'/2 story addition
On a motion duly made and seconded, the Board voted unanimously to adjourn the meeting at 10:34 pxii_
a B. Chase, Clerk
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