HomeMy WebLinkAbout2000-10-03-PB-minPLANNING BOARD MINUTES
MEETING OF OCTOBER 3, 2000
The meeting of the Lexington Planning Board held in the SeIectmen's Meeting Room of the Town Office
building, was called to order at 7:30 p.m. by Chairman Colman, with members Bridge- Denzak, Davies, Chase,
Galaitsis, Planning Director Garber, Assistant PIanner McCall - Taylor, and clerk Diane Snell present.
* * * * * * * * * * * * * * * * * * * * * * * ** MINUTES*********** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Review of Minutes: August 30, 2000, on the motion of Ms. Chase, seconded by Mr. Galaitsis, the Board voted
5 -0 to approve the minutes as amended.
* * * * * * * * * * * * * * * * * * * * * ** *APPLICATIONS TO THE BOARD OF APPEALS * * * * * * * * * * * * * * * * * * * * * * **
684 Lowell Street - Appeal of ZEO decision regarding classification of home business. A pet care service is
operated out of (residential zoned) 684 Lowell Street. The zoning enforcement officer (ZEO) ruled that this
type of business is not an allowed use. Mr. Galaitsis recommends upholding the ZEO ruling.
14 Benjamin Road — Appeal of ZEO notification to remove deck. Mr. Galaitsis recommends the Board uphold
the ZEO's decision,
23 Carville Avenue — Variance for a two -story addition No comment.
673 Waltham Street — Special Permit for expansion of a non-conforming two-family. Mr. Galaitsis stated the
non - conformity has not increased very much and therefore recommends a no comment.
33 Locust Avenue — Variance for two -car garage replacing one -car garage, Mr. Galaitsis commented that the
plans as submitted create a self-inflicted hardship and the applicants should seek an alternate placement for the
garage.
On the motion of Ms. Bridge- Denzak, seconded by Mr. Davies, the Board voted 5 -0 to accept Mr. Galaitsis'
recommendations on the applications to the board of appeals.
* * * * * * * * * * * * * * * * * * * * * * * * * * * ** *CONTINUED PUBLIC HEARING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Mr. Colman called the Public Hearing on 41 Lincoln Street to order at 7:45 p.m. After a brief review of the rules
and the format of the hearing Mr. Colman turned the floor over to the petitioner. Attorney Daniel Harrington
spoke on behalf of the applicants, Jan & Anna Popiel and the North Shore Construction & Development, Inc. of
Woburn. Also present for the development team were Ron Lopez, Daniel Harrington, Rick Waitt, Dylan James,
and Richard Lakutis
The applicant sought approval of a special permit under paragraph 7.4.5 to permit the reduction in lot frontage
from the required 125' per lot and to waive the requirement to build a subdivision street and allow use of a
common driveway to provide access to the two lots.
Attorney Daniel Harrington gave a brief history of the project, pointing out how the design of the project has
responded to the issues raised at the preliminary hearing. The house size and massing have been reduced, the
original 9,000 square feet of gross floor area down to 6,600 square feet, while living area has been reduced to
4,600 square feet from 5,600 square feet, and height at 34.5', down from 40'. With the removal of the
conservatory from the Lincoln Terrace side, the side setback is now 32'. This should aid in mitigating the impact
along the Lincoln Terrace boundary, as will the landscape screening. Seventy -two mature mixed conifer trees
will be planted along the Lincoln Terrace boundary and between lots one and two. Runoff from the site will not
increase. Mr. Harrington also discussed the question of a full compliance plan, stating that the plan submitted
shows a fully complying subdivision with approximately 300' of road and terraced retaining walls. Mr.
Harrington said that while it would be possible to construct such a road, it is not necessarily what anyone would
want. Mr. Harrington pointed out that this is why the provisions of 7.4,5 exist, to allow creation of a second lot
Minutes for the Meeting of October 3, 2000 2
while minimizing disruption of the land. The public benefit contribution, which is funded by the developer
based on savings from not constructing a subdivision road, amounts to $52,000, or 50 percent of the
developer's estimate of the $104,000 to construct a subdivision street. Mr. Lopez is proposing that amount be
applied to landscaping for Town facilities, as suggested by Brian Gilbert, Mr. Harrington closed by saying that
over the last nine months the developer has assiduously attempted to address the issues outlined in the
preliminary decision.
The hearing was then opened to Board members for questions and comments. Mr. Galaitsis was concerned
about the height of the house as was Ms. Bridge - Denzak. She also asked if the plan under section 7.4.5 would
avoid blasting. The engineer for the project, Rick Waitt, said that the soil borings showed a minimum of 74" to
ledge. He also said the groundwater is at 263' and the basement is at 265' so it is about as low as the house can
go. In addition to the siting issues, Ms. Bridge - Denzak was concerned about the effect of grading on the run -off
and the trees. She felt that the grading for the leaching field at the existing house would affect the trees along
Lincoln Street and wanted to see the field placed under the drive or at least pulled back from the trees. Mr.
Waitt said that he would be glad to Iook at reconfiguring the field, but felt that placing it under the driveway was
not desirable. Mr. Davies wondered how the drainage problems on the opposite side of Lincoln Street that were
referred to in the preliminary decision had been addressed. Mr. Lakutis said that some work had already taken
place on the neighbor's land and that had reversed the problem. There was further discussion of the visual
impact on the neighbors and how the landscaping might best address this issue.
Attorney John Farrington spoke on behalf of some Lincoln Terrace residents. He said that the neighbors wanted
four things: 1) assurance that the conventional subdivision could in fact be done; 2) assurance that the house size
calculations would be checked and measured for accuracy; 3) minimization of the project's effect on the
neighbors and use of a more creative landscape plan; and, 4) a public benefit that would be in the immediate
neighborhood, thus lessening impacts of the project.
The Board indicated that they would entertain other public benefit packages and suggested that neighbors come
forth with concrete ideas. Among ideas mentioned were further work on the drainage issues across Lincoln
Street, replacement of the sidewalk between Lincoln Field and the Hayden Recreation Center, and installation of
curbing on Lincoln Street.
Mr. Harrington indicated that the applicant was not opposed to changing the public benefit and doing a
readjustment of the placement of trees.
Mr. Colman introduced three letters received by the Planning Department, two in favor of the plan and one
opposed, into the record. These are on file at the planning office
The Board agreed to hold the hearing open, principally to allow written input on public benefit ideas. Mr.
Colman requested proposals for the public benefit be submitted in writing to the Planning Department by
Tuesday October 1 O At 9:00 p.m. the hearing was continued to October 18, 2000.
On the motion of Mr. Davies, seconded by Mr. Galaitsis the Board voted 5 -0 to move to executive session to
discuss personnel issues. The Board would not come back to a public session after the executive session.
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The meeting was adjourned at 9:01 p.m. Y '�
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