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HomeMy WebLinkAbout2001-08-29-PB-minPLANNING BOARD MINI TIES MEETING OF AUGUST 29, 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, planning staff Garber, McCall - Taylor and Tap present. Mr. Harden, was absent as he was on vacation. Mr. Davies was absent due to a family emergency. ****** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MINUTES ****** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Review of Minutes The Board reviewed and corrected the minutes for the meeting of August 8, 2001. On the .motion of Ms. Chase, seconded by Ms. Bridge - Denzak, it was voted unanimously 3 -0 to approve the minutes, as amended. The Board postponed voting on the minutes of July 11 and 18, 2001. * * * * * * * * * * * * * * * * * * * * * ** REGIONAL, fNTERTOWN ISSUES * * * * * * * * * * * * * * * * * * * * * * * * * * ** _Development of Regional Impact (DRI), Richard Canale, Planning Board nominees Mr. Richard Canale, farmer Planning Board chairman, and still the Board's representative to the hour Town Planning Group, was present to bring the Board up to date on the activities of two regional groups: the Metropolitan Area Planning Council (MAPC) and the Minuteman Advisory Group on Interlocal Coordination (MAGIC). Mr. Canale was recently appointed the Town's representative to MAPC. MAGIC is comprised of representatives from towns along Route 2 from Rt. 128 (95) to Rt. 495. Its aim is to develop a toolbox of devices (means) to improve affordable housing, transportation, etc_, region -wide. Mr. Canale asked the Board to naive one of their number as representative to the MAGIC. Mr. Canale emphasized the importance of having a representative in place so that a Development with Regional Impact (DRI) committee could be formed. He estimated that the group would meet four or five times a year to deal with general planning issues that impact the region_ He said that Ms. Lisa Baci, a member of the Conservation Commission, was willing to be one of the Lexington representatives_ On the motion of Ms. Bridge- Denzak, seconded by Ms. Chase, the Board endorsed the appointment of Lisa Baci to the DRI group and approved the appointment of Mr. Galaitsis as the interim Planning Board representative. Mr. Canale noted that Mr. Galaitsis' experience with Hanscom Area Town Study (HATS) would be an asset- ********* RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS * * * * * * ** Applications To Be Heard on September 13, 2001: Ms. Chase gave an oral review of the following applications: • LOT 169, EDNA SIREET -Eleanore McLaughlin - Appeal of the Zoning Officer's decision that the lot is not a grandfath.ered, separate buildable lot; and Variance from requirements of §7.4.1 of the ZBL related to common ownership and frontage. The Planning Board agreed to unanimously support the Zoning Enforcement Officer's decision that the lot is not a b andfathered, separate buildable lot_ It is the Board's understanding, after consultation with town counsel, that all undersized lots should be considered combined the raoment they are in common ownership. It commented further: Should the Board of Appeals uphold the Zoning Enforcement Officer's decision they are asked to instead grant a variance from 7.4.1 and MGL Chapter 40A, Section 6. As far as the Planning Board knows, the ZBA has no jurisdiction to vary MGL' Chapter 40A, Section 6_ Minutes for the Meeting of August 29, 2001 2 As to the applicant's request for a variance from Section 7.4.1, it doesn't make sense. It seems what they really want is a variance from the dimensional controls relating to lot size and frontage. The ZBA should not grant a variance for frontage according to case law. 93 BURLINGTON STREET - Susan & Gustavo Bottan - Variance from required 15 -ft side yard setback to construct an addition to a nonconforming single - family dwelling that would have an 8-ft side yard setback. Special Permit ( §6.4.1 of ZBL) to add 2" floor living space to a portion of a nonconforming single - family dwelling with an attached garage. The Planning Board observed that the petitioner did a great deal of site work before applying for a variance and special permit. In doing the site work, there may have been a violation of the new Tree By-Law. The Planning Board urged the Board of Appeals to consider the scale of the house with the proposed addition in relation to the scale of the existing neighborhood and the lot on which it is located. Its height and size of footprint are inconsistent with the neighborhood. • 171 MASSACHUSETTS AVENUE - Eagle Bank - Special Permit ( §13.2.5 of ZBL) to illuminate proposed signage. The Planning Board deferred to the recommendations of the Design Advisory Committee. • 440 MASSACHUSETTS AVENUE - Heather Sweeney - Variance from required 20 -ft side street side yard setback to construct an addition to a nonconforming single - family dwelling with an $.7 -ft side street side yard setback. The Board felt that was a good solution to a difficult site. The site would justify a variance based on hardship. The Board bad no comment on the following applications. • 51 PEACOCK FARM ROAD -Sandra Eaton - Special Permit (Use Table 1, Lines] .25 of ZBL) to use a portion of a residence for a part-time psychotherapy practice. * 18 COOKE ROAD - Paul Hamburger - Variance from required 15 -ft side yard setback to construct additions, including an attached 2 -car garage, a porch, and a mudroom to a single - -family dwelling that would have a 62 -ft side yard setback. 2 MASON STREET - Gustav & Hanna Papanek - Variance from required 30 -ft front yard setback and 15-ft side yard setback to construct a 1 -story addition with a front yard setback of 24.6 ft and a side yard setback of 14 ft. * * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS * * * * * * * * * * ** SUBDIVISION OF LAMS Bird Hill R oad Definitive Subdivision Plan Scott Seave Continued Public Hearin : Mr. Galaitsis announced that the Bird Hill Road hearing would be continued to September 5, 2001, because there were not enough Planning Board members present to vote on a special permit. Mr_ Scott Seaver, the applicant, had been notified earlier in the day that the hearing would be postponed. Johnson's Farm Second Sketch Cluster Subdivision Pla 3 36 Bedford Street, Joseph G_ elorzrz3ni, P_r esentation by the Applicant Mr, Joseph Gelormini, applicant, Mr. Michael Weinmayr, landscape architect and John Noonan and Malcohn McDowell, engineers, of Noonan and McDowell were present Minutes for the Meeting of August 29, 2001 3 for this item. Mr. Gelormini presented two sketch cluster subdivision plans for land at 332 -336- Bedford Street. He showed the ways in which the plans incorporated suggestions made by the Board at the. meeting on .tune 27, 2001. One plan showed 16 units, one to be given to the town as an affordable unit, and 40 percent of the site left as open space_ The other showed 17 units, with two turnkey units. Mr. Gelormini pointed out that neither option needs waivers from the Development Regulations. He went on to say that he and Mrs. Johnson, owner of the land, want the units to be single - family, detached dwellings_ Mr. Galaitsis thanked Mr. Gelormini for bringing in a cluster scheme, but pointed out that the plan should be more than a conventional subdivision disguised as cluster. In answer to further questions from the Board Mr. Gelormini said that he has in mind houses that average 3000 square feet, with the two affordable units somewhat smaller. Mrs. Johnson, owner of the land, also wants a smaller home for herself. He stated that there would be no three -car garages. Attorney Pamela Brown, representing Mrs. Johnson, said that Mr. Gelormini is trying to please Mrs. Johnson, who favors a conventional subdivision with atraditional neighborhood feel, on the land, as well as the town (Planning Board), which favors cluster schemes with common open space and attached dwellings_ Mr. Galaitsis urged the development team to review the cluster guidelines to help them understand the Board's wishes_ He also asked there to bring in another sketch plan so all Board members could see plans, and comment on them, at the sketch stage. It was agreed to walk the site on Friday morning September 7, meeting at 336 Bedford Street at 7:30 a.m. Old Smith Farm, 160 -170 Wood Street, the Stabile Companies: endorsement of plans with new street names, proposed plan of action The Board discussed Stabile Companies' proposed plans for reconstructing the Schumacher barn on the Old. Smith Farm site. The Board believes that Stabile's plans for the barn essentially reconstruct the structure; it will not be a restoration or preservation. Originally, creating two dwelling units in the barn was a considered a major benefit of the cluster subdivision. If Stabile proceeds according to its plans, the barn will no longer truly be a historic structure. However, due to the condition of the barn there may be no other choice_ Ms McCall- Taylor observed that in - Lich of the delay, and the resulting decay of the barn as it was exposed to the elements, were due to the inexperience of the previous developer_ However, the Town, she said, also shares the blame. Its slow action on other structures on the site kept Stabile Companies from beginning its work on the development. The Board agreed to draft a letter to the Historical Commission urging emergency action on the barn, such as applying epoxy reinforcement where needed, as suggested by Ms. Chase. The Board discussed what could be done in the future to avoid like situations with historic structures. Developing a standard, having a knowledgeable person examine the structure and working with the Historical Commission earlier in the permitting process were some of the ideas considered_ Ms. Chase, a preservation consultant, said that the National Park Service has defined four levels of preservation. . The Board endorsed the Property Rights and Dimensional Standards plan, along with the Definitive Site Construction plan, for the Old Smith Farm subdivision. Minutes for the Meeting of August 29, 2001 4 * * * * * * * * * * * * * * * * * * * * * * * * ** PLANNING STAFF REPORTS Double Utility Voles Ms. McCall- Taylor reported that she had done some research on double utility poles. Verizon is currently inventorying the double poles in town and will be working with the Town. Manager to develop a program for their removal. Dunham Street Development update Ms. McCall- Taylor reported that while the attorney for a couple who own property on Dunham Street has stated that his clients have constructive approval for a building permit for their property, Town Counsel disagrees. The applicant is appealing a Planning Board decision against them. Mansionization Mr. Garber urged the Board to study the memo written by the staff having to do with a possible zoning amendment to address the issue of larger homes built in existing neighborhoods. He said the goal is to have a proposed amendment ready for the 2002 Annual Town Meeting. * * * * * * * * * * * * * * * * ** PLANNING BOARD ORGANIZATION, SCHEDULE * * * * * * * * * * * * * * * * * ** Meeting Schedule: The Board discussed possible meeting dates in September and October. It was agreed to meet on September 5 and 12. Acting on a motion duly made, seconded and approved, Mr. Galaitsis adjourned the meeting at 10:07 p_rn_ Sara B. Chase, Clerk �3klll� �( U""