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HomeMy WebLinkAbout2000-09-06-PB-minPLANNING BOARD MINUTES MEETING OF SEPTEMBER 6, 2000 The meeting of the Lexington Planning Board held in the Selectmen's Meeting Room of the Town Office building, was called to order at 7:34 p.m. by Chairman Colman, with members Bridge - Denzak, Chase, Davies, Galaitsis, Planning Director Garber, Assistant Planner McCall - Taylor and Secretary Snell present. * * * * * * * * * * * * * * * * * * * * * * ** MINUTES***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Review of Minutes The Board reviewed and corrected the minutes of the meetings of April 26; July 24; August 2, 9, and 14. On the motion of Mr. Galaitsis, seconded by Mr. Davies, the Board voted 5-0 to approve the minutes as amended. * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** UNACCEPTED STREETS * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Ash Street, Definitive Street Improvement Plan, John. Daley: Ms. McCall - Taylor reported a slight rise should be made in the field at the mouth of each driveway. This change will help keep the water flow from other driveways. Ms. Bridge - Denzak said she would like to see granite curbing installed. Mr. Garber responded that this road wasn't required to be upgraded, this was a voluntary improvement. It was previously agreed that a Cape Cod berm was to be installed and Mr. Daley has acted in good faith to make the agreed upon improvements. On the motion of Mr. Davies, seconded by Ms. Chase, the Board voted 5 -0 to approve the street improvement plan dated December 10, 1999 * * * * * * * * * * * * * * * * * * * * * * * ** PLANNING DIRECTOR'S REPORT Rollout: 41 Lincoln Street, Definitive 7.4.5. Subdivision Plan Ms. McCall - Taylor rolled out a definitive 7.4.5. subdivision plan for 41 Lincoln Street that was submitted by Ronald Lopez on August 23, 2000. The Engineering Department evaluated the proposed plans and feels that the subdivision could be accomplished. Mr. Davies expressed concern about the grading required to prepare the site and would like to look at grading conditions very carefully. CONTINUED PUBLIC HEARING Trinda Estates Definitive Conventional Subdivision Plan. Lawrence Trebino. Continued Public Hearina: Mr. Colman called the public hearing on the Trinda Estates Definitive Subdivision Plan, a continuation of the August 8, 2000 hearing, to order at 7:50 p.m. Roger DuPont, attorney for applicant Lawrence Trebino, stated that most of the issues from the previous hearing are technical and engineering in nature. Mr. DuPont deferred the opening statements to Fred Russell, the project engineer. A concern raised at the August 8 hearing was the need for more detail on the preservation of vegetation and several hemlock trees that Mr. Davies noted were not shown on the plans. Mr. Russell said that the current plan shows the "missing" trees that are on other property and illustrates where more trees are to be planted to enhance the natural screen. Board Member Questions /Comments: Mr. Davies comments pertained to the importance of the inclusion of the hemlocks in the revised plans. Ms. Bridge - Denzak expressed concerns with the topography and floor elevation of the structure shown (the approximate garage floor elevation). Mr. Russell said he could not give specifics because it depends on the type of house to be built. Audience Questions /Comments: Neil Ruocco and Jane Epstein asked what further development will be done if this plan is approved, specifically, can the stone trench be removed allowing further development? The Board responded they can only vote on what is being presented now. In response to the stone trench question, Ms. McCaIl- Taylor said that the presence of the stone trench would not foreclose future development. Mr. Roucco, asked for the Board's comments on an article published in the Lexington Minuteman, referring to the Kavlakian family's plan to tie into this project. Ms. McCall- Taylor said that she received a letter from an engineer of the Minutes for the Meeting of September 6, 2000 2 Kavlakians requesting that the Board not make a decision on the Trebino project because the Kavlakians want to come in with a subsequent development. Ms. McCall - Taylor confirmed that no formal submission has been received from the Kavlakian's. She said that there is no reason for the Board to put off making a decision on this project. Further discussion had to do with the safety of the approximately 20 children who live on the street and the impact granting the waiver of the 650' maximum for a dead end street would have on other dead end streets in town. Ms. Trina Waters asked how many streets in town might be affected by allowing similar waivers. Ms. McCall - Taylor said that the planning intern had done a quick study and come up with a rough estimate of 20. Ms. Waters then asked if other towns have similar dear -end regulations. Mr. Garber said that the majority of towns have such limits and court cases have upheld the rights of towns to impose such limits. Ms. Santos said that allowing this project would take away from the charm of the neighborhood, and wondered whether charm has any impact on the decision. or is it just legal impacts that are considered. Mr. Colman responded that any decision has to be grounded in subdivision control laws. Mr. Garber added that this is just a subdivision plan, it deals with roads, lot lines, and infrastructure. A special permit would look at character issues but this case is in the domain of subdivision, not special permit. Mr. Colman stated that "in the public interest" is not defined. There was a brief side discussion of the size of new houses and the need to control that size. Mr. Davies said that as a board member and as an individual, he is exploring how to control the size of a house but that it is off the point here. However, he did not want people to go away thinking the Planning Board does not take the issue seriously. Mr. Galaitsis stated that they are not debating size tonight, but just whether something can be built on these lots. Mr. DuPont summarized his presentation stating that there is no deal in the offing between Mr. Trebino and the Kavlakian family. Furthermore, it is his impression that the Kavlakians have no right to go over the land. He stressed that these lots are 40A section 6 grandfathered lots. To comply with the LaBlanc case, special consideration must be given to preserve the buildability of the lots. He feels the waiver of the 650' maximum for this dead -end street is deminimus since the road is already over 1000' and the provision of a turn around would improve public safety. He also noted that when the Planning Board previously indicated that the street length would be a problem, the applicant could have gone to court, but instead chose to work with the town. The land has been in the family for 75 years. In 1925 the land was subdivided and the plan was always to develop it. Mr. DuPont asked the board to approve the subdivision plan. Ms. Bridge - Denzak said she wanted to continue the hearing to take a closer look at the sidewalk waiver. Mr. Colman closed the hearing at 8:33 p.m. The Board further discussed the proceedings. Mr. Galaitsis commented that the grandfathering clause obligates the Board to help owners to develop. However this increases the degree of non- conformity which is not allowed by zoning. If the Board allows this waiver of 650' is would have difficulty saying no to future applicants who want a waiver. It could open Pandora's box. Mr. Galaitsis said he is not prepared to put Lexington's future in jeopardy by voting in favor of the petition. Mr. Davies stated he was rejecting the plan on the issue of public safety. There may be 20 other situations where the road is over 650' and he does take the granting of waivers lightly. Ms. Bridge - Denzak said she had a few concerns but the most important is the waiver of the 650' maximum. The issue is what is in the public's best interest. A waiver of the kind of turn- around is a cause for concern. These are subdivision plans and she is very hesitant to sign plans that show things the Board has no control over. She also felt that the other waivers were a problem, as the granting would prevent the area from ever being brought up to regulation. As other areas are improved in the future, the whole area could be brought up to standard, but only if waivers are not granted. Ms Chase said that the Board should hold to regulations and not grant the waiver from the dead -end road length I imit on the principal that is it benefiting more (the Town) versus the few (the people who would benefit from the proposed turn around). Minutes for the Meeting of September 6, 2000 Mr. Garber quoted waiver conditions 81R chapter 41.. Mr. Garber further stated that action in the public interest can not be inconsistent with state law. The applicant is not entitled to waivers. The Board can deny the request. Mr. Galitsis moved to deny the subdivision application but Mr. Davies said the Board should vote on the waivers first. Mr. Galaitsis withdrew his motion and instead, moved to deny the waivers requested. Ms. Chase seconded the motion, and the Board voted 5 -0 to deny the waivers. Then on the motion of Mr. Galaitsis, seconded by Ms. Bridge - Denak, the Board voted unanimously, 5 -0, to disapprove the Trinda Estates subdivision plan, dated April 21, 2000. APPLICATIONS TO THE BOARD OF APPEALS Petitions to be heard on September 14, 2000: Mr. Davies gave an oral review of the following applications: 319 Marrett Road — Special permit to combine an existing convenience store with an existing deli. Mr. Davies reported that the portion of the 319 Marrett Road application dealing with a catering business had been withdrawn. Such a use is not allowed in the CN district and the Board would not support such use at this address. 137 Mass Ave — Domino's Pizza renewal of a Special Permit to continue to operate a food take -out service in the CRS district. A five -year renewal is requested. The Board recommends granting only if the issues of traffic noise and excessive trash in the area have been addressed. The Board agreed to make no comment on the applications below. 110 Spring Street Variance from the required 30 foot front yard setback to construct a 2 -story addition, including an attached garage to a nonconforming single - family dwelling with a front yard setback of 20 feet. 30 Volunteer Way — Special Permit to add a second floor to a nonconforming single - family dwelling with no increase in the site coverage within the minimum yard setback; and a variance from the required 30 -foot front yard setback to construct a second floor addition to a nonconforming single- family dwelling, with a front setback of 26.9 feet. (Mr. Colman did not participate in the discussion and vote on the application for 30 Volunteer Way.) 87 Hancock Street — Variance from the required 30 -foot front yard setback for the historic renovation of a nonconforming single - family dwelling with a front yard setback of approximately 9.6 feet. 108 Kendall Road — Special Permit to use a portion of a residences as an office for a part -time psychotherapy practice for no more than 24 hours a week. * * * * * * * * * * * * * * * * * * * * * * ** BOARD MEMBER REPORTS Tree By -Law Committee Ms. Bridge - Denzak reported that the Tree By -Law Committee will meet on Thursday. She will have more information to report to the Board at the next meeting. Mr. Bridge - Denzak reported she has resigned from the Design Advisory Committee Mr. Davies volunteered to replace Ms. Bridge - Denzak on the DAC. The Planning Board agreed. Mr. Galaitsis agreed to be the Board's representative to the Bikeway Committee with Ms. Chases as his back up. Mr. Davies reported that the Board members had given up attending the Zoning Board of Appeals meetings, but they might want to reconsider. The last time he attended, the chairman took the Planning Board's recommendations seriously. Mr. Colman said that could be left to the discretion of the person responsible for that month's review of the Zoning Board of Appeals cases. Mr. Colman reported he would be attending a Senior Center Siting Committee meeting on Thursday. On September 14 there will be a public hearing at Clark Middle School. SUBDIVISION OF LAND Old Smith Vann, 160 -170 Wood Street: Mr. Garber briefed the Board on the status of the Old Smith Farm project. He also notified the Board of an issue with the possible encroachment of the driveway on an existing Air Force easement. Town engineer David Carbonneau would like to see a radius tangent to the subdivision road rather than tangent to Wood Street but that would require moving the meter pit. Minutes for the Meeting of September 6, 2000 4 Mr. Fred Russell, project engineer, said there were no available records at engineering on this lot of land, and it was thought the casement was papered in for fixture use. He said they couldn't trace the pipe and there was no clear indication of where the pipe is. Mr. Russell suggested sliding the pavement to the right off center within the right-of-way. Ms. Bridge - Denzak suggested reducing the road width to 20 feet. Mr. Russell was receptive to the suggestion, stating if the road were narrower, the radius could be pulled back. Mr. Garber pointed out that if a road reduction is considered, the town engineers and fire department would need to see the revised plan. Mr. Russell and Mr. Gaklis agreed to submit an amended plan for review at the next meeting. Mr. Garber cautioned the petitioners to be aware of the need to keep the Town's engineering and safety departments and the Air Force apprised of the new design and to reach a conceptual agreement with the Air Force about the design approach or they may have future objections. Mr. Garber introduced a letter received from Captain Mark G. Luchart of Hanscom Air Force Base. It asks for replacement of a portion of the pipe (from Wood Street to the Air Force property). Mr. Gaklis stated he would address the Air Force concerns, and replacement of the pipe is a part of his plans. The Board requested follow -up on a letter received regarding neighborhood concerns. Mr. Gaklis responded that to increase security the doors on the apartments have been nailed shut and he will place plywood over the windows. Also no trespassing signs have been posted and a fence has been installed around the barn. In regards to the trash issue, he has notified BFI several times to come pick up the trash. Mr. Gaklis stated that he would remove it from the curbside this week if it is not picked up by BFI. Ms. Chase suggested Mr. Gaklis have someone look at the barn. The roof is letting in water, the foundation mortar in going, and the corner is out of plumb. He should stabilize it now, before it falls down. Mr. Gaklis asked if there was any way to get approval before 20' Mr. Colman responded the Board would be willing to hold a brief meeting to sign approval, if all issues are met to the Planning Department staff's satisfaction. The meeting was adjourned at 10:20 p.m.