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HomeMy WebLinkAbout2010-10-13-PB-min PLANNING BOARD MINUTES MEETING OF OCTOBER 13, 2010 A regular meeting of the Lexington Planning Board in the Selectmen’s Meeting Room, Town Office Building was called to order at 7:35 p.m. by Chairman Greg Zurlo with members Richard Canale, Charles Hornig, Anthony Galaitsis, Wendy Manz and planning staff Maryann McCall-Taylor, Aaron Henry, and Lori Kaufman present. ******************************UNACCEPTED STREETS******************************* 34 Wachusett Drive, Unaccepted Street Plan The applicant George Murnaghan and his attorney John Farrington were present. Mr. Farrington said the Planning Board asked that Wachusett Drive be widened from Fair Oaks to the end of the property, approximately 200 feet. The road is flat, bermed, with good drainage and sight lines and was paved in 2002. The applicant was requesting the Board reconsider its prior decision and allow the project to go ahead with no improvements to the way. If the Board declined to reconsider its prior decision, the applicant requested that the Board approve the September 28, 2010 plan, which limits the widening to the area in front of 34 Wachusett Drive. Audience comments:  42 Wachusett Drive was considered adequate with patching  Urbanization has unintended consequences, the mitigation trend was towards urbanization.  A homeowner with a house needing substantial work would be forced to sell to a developer who would build a large replacement house with anticipated profit sufficient to afford required improvements to the road, even when neighbors do not want such improvements  What were the criteria to appear on the zoning map - sufficient grade, construction and width? Width should be considered separately. Board Member Comments and Questions:  The purpose of these provisions is to allow incremental improvements to streets as new homes are built.  Lexington’s rules narrow the scope of the state law considerably  As a general rule 16 feet is not adequate without mitigating factors and those factors aren’t present.  Rather than rescind previous vote at least one board member would prefer to waive the Page 2 Minutes for the Meeting of October 13, 2010 applicable standards for this particular stretch of road where the narrow width does not present serious problems for emergency vehicles. A motion was made that the Planning Board reconsider its decision of July 2010 that Wachusett Drive was not of adequate grade and construction. The motion failed for the lack of a second. More Board Members Comments  If the Board would not reconsider their prior decision then approve the September 28, 2010, road improvement for 34 Wachusett Drive.  The August 25 plan shows an additional foot on each side from Fair Oaks to subject and then 2- foot widening of the property side across the frontage.  Unable to find a standard that supports 16 feet.  There was an expressed concern that the older definitions of adequacy were no longer appropriate for today’s standards.  These teardowns were the opportunities to upgrade the standards of the roads and if the Board felt 18 feet was adequate then get rid of the 20 foot standard. On a motion duly made and seconded, it was voted, 3-2, (Mr. Canale and Mr. Galaitsis opposed) that the Board determines that Wachusett Drive in the vicinity of number 34 is presently not of adequate grade and construction, but will be adequate when the improvements shown on the August 25, 2010 plan are completed, which would increase the width of the street from 16 to 18 feet for approximately 200 feet from Fair Oaks across 34 Wachusett Drive and that the Board waives the requirement for a width of 20 feet, due to the nearness of the intersection, the lack of obstructions along the road and clear sight lines. *************************SUBDIVISION ADMINISTRATION***************************** Rangeway Extension Public Hearing The applicant requested that the public hearing be postponed to Wednesday November 17, 2010. On a motion duly made and seconded, it was voted, 5-0, to postpone the public hearing to Wednesday, November 17, 2010, at 8:00 pm in the Selectmen’s Meeting Room. Journey’s End Release of Covenant and acceptance of surety The applicant has requested the release of lots for the north side of the development consisting of 3 single-family detached homes. One closing is scheduled for the end of the month and another deal is coming together. Minutes for the Meeting of October 13, 2010 Page 3 On a motion duly made and seconded, it was voted, 5-0, to release lots 1-3 from the covenant and accept financial surety of $7,000 cash in a form acceptable to the treasurer for the final grading, top coat and landscaping of the north side. *****************************ZONING BOARD OF APPEALS**************************** 300 Patriot Way: Mr. Canale recused himself from the discussion as he is a legal abutter. Shire was seeking an amendment to the Special Permit with Site Plan Review for 300 Patriot Way to allow an addition of 27,600 square feet for a cafeteria and conference and office space. The Board agreed to leave the decision to the Zoning Board of Appeals (ZBA) as to whether it was a major or minor modification as the ZBA is more familiar with the DSDUP. During the rezoning of the property the Planning Board had seen that the appropriate language to guide the ZBA in making a proper decision had been placed in the PSDUP. *******************************UNACCEPTED STREETS******************************* Dee Road Street Construction Plan Doug Miller of GPR and Doug Orr of Orr Homes were present. Mr. Miller submitted a fully compliant street construction plan with a 24-foot road width the length of Dee Road between Gleason Road and Harding Road. Grading would affect lots on the road with 3-4 feet of fill required due to leveling required at the intersection. The fully compliant improvements have the potential to make the street a cut through. The applicant was proposing instead to pave the street to 18 feet wide for 175 feet from Gleason Street to just past the property and then regrading the remainder with crushed stone and an 18-foot width, following the existing grade and maintaining the current vegetation. Drainage would be provided by a swale, with the super elevation of the south side of the road downward to the north side. The swale would end in a water quality control depression and heavy rain would overflow into a catch basin on Harding Road. Board comments and Questions:  The size of the potholes discourages cut-throughs  100-120 feet is poorly paved; if the pavement is removed, would gravel be an improvement? It would require maintenance. Page 4 Minutes for the Meeting of October 13, 2010 Audience Comments and Questions:  There are holes and puddling and some concern about the stability of gravel.  The road width varies from 12 to 18 feet. It is a private way so is it the owners’ responsibility to maintain? The Town does plow with a road grader but there is concern that part of the road could be eaten away.  The greater part of the road is not paved and full pavement would be a lot worse. Trees would have to come down including a large tree at the corner as well as removal of a fence. On a motion duly made and seconded, it was voted, 4-1, (Mr. Galaitsis opposed) that Dee Road in the vicinity of Lot 122 of Assessor’s map 71, was not presently of adequate grade and construction in relation to the proposed use. Compliance with the Board’s standards would be met however, provided certain improvements shown on the plan entitled ”Dee Road Definitive Street Construction Plan” prepared by GPR, Inc, dated October 2010, were completed, subject to the following conditions: 1. That the plan be revised to strike any waivers related to the issuance of occupancy permits; and 2. In accordance with §175-30 of the Boards Development Regulations, it was determined to waive strict compliance with the specific provisions of the regulations as listed on the plan, as strict compliance would not serve the public interest and would be inconsistent with the intent and purpose of the rules given the short length of street. *************************HARTWELL AVENUE AREA STUDY*************************** 101 Hartwell Avenue The applicant has been proceeding with the interior work. In order to be ready for December occupancy he needs a building permit for the exterior work. It is anticipated that the TMO-1 plan will be in place by early November and once adopted, the applicant at 101 Hartwell Avenue will be required to comply with the requirements, including the payment of a mitigation fee, a PTDM plan for the property and site plan review, before the Certificate of Occupancy is issued. However, compliance is not possible at this time as the plan for the TMO-1 District has not yet been adopted by the Board. On a motion duly made and seconded, it was voted, 5-0, to support the issuance of a building permit for exterior work at 101 Hartwell Avenue prior to the applicant fully complying with the requirements of the Transportation Management Overlay District. The Board made this decision because it is a time of transition as the Board develops the transportation plan for the Hartwell Avenue area, and the Board does not want to stand in the way of investment in the area. Minutes for the Meeting of October 13, 2010 Page 5 TMOD Plan Mr. Canale said Transportation Advisory Committee (TAC) met and liked K(3), but K(5) and (17) did not jibe and TAC had some specific points to raise at the public hearing. Mr. Zurlo said that it would be nice to have the comments in the packets prior to the public hearing. *************************************MINUTES*************************************** On a motion duly made and seconded, it was voted, 4-0-1, (Mr. Galaitsis abstained as he was not at the meeting) to accept the minutes for September 29, 2010, as amended. ********************PLANNING BOARD ORGANIZATION, SCHEDULE******************** Tree Committee Liaison On a motion duly made and seconded, it was voted, 4-0-1, (Mr. Canale abstained) to appoint Richard Canale as the Planning Board’s liaison to the Tree Committee. Schedule Meetings on December 1 and 15. CPTC class is on December 8. **********************PLANNING BOARD REPORTS************************************ Mr. Canale said the Tree Committee is seeking concurrent jurisdiction regarding trees. The Planning Board has some flexibility regarding interior trees but tries to operate in the spirit of the tree bylaw. Mr. Canale said he will represent the Planning Board’s concerns that they retain the flexibility to look at individual plans and landscaping while staying consistent with the tree bylaw, and that the regulations and bylaws are consistent and mimic the Planning Board’s recommendation to Town Meeting. *********************************STAFF REPORTS************************************ Based on suggestions from the Economic Development Advisory Committee (EDAC), Maryann McCall- Taylor had met with Garry Rhodes and Susan Yanofsky and discussed the following possible changes to the Zoning Bylaw:  Remove interior renovations as a traffic study trip wire;  Change the parcel zoned RO on Hartwell Avenue to CM;  Clarifying the language and make the Planning Board the Special Permit Granting Authority in Page 6 Minutes for the Meeting of October 13, 2010 the TMOD; right now there could still be a need for a business in the TMOD to go to the Zoning Board of Appeal for a special permit ; and  Payment of the transportation mitigation fee at issuance of the building permit rather than at the application for the building permit. Mr. Zurlo said the Board would support having staff work on these changes. He was also working with the EDAC on other issues. Members of the EDAC had been speaking with property owners on Hartwell Avenue. The information gleaned from these sessions will be sent by email to the Planning Board. **********************PLANNING BOARD REPORTS************************************ Mr. Canale asked whether the Center Committee had any potential zoning change, hoping to avoid last minute proposals. The Committee had done some visioning with George Burnell looking toward a long term vision or master plan for the Center, but there was some tension between long term visioning and wanting to move forward on day to day issues. On a motion duly made and seconded, it was voted to adjourn the meeting at 10:23 p.m. Anthony Galaitsis, Clerk The meeting was recorded by Lexmedia. The following documents used at the meeting can be found on file with the Planning Department: 1. Letter from John Farrington, Attorney regarding 34 Wachusett Drive, dated 10/7/10. (2 pages) 2. Road Improvement Plan, regarding 34 Wachusett Drive, dated 9/28/10. (1 page) 3. Letter from Ed grant, Attorney, regarding the Rangeway Extension, dated 10/6/10. (1 page) 4. Petition from the Estabrook community regarding the Rangeway Extension submitted 10/8/10. (3 pages) 5. Letter from Cliff Thompson, dated 10/8/10 regarding the Rangeway Extension. (1 page) 6. Letter from Douglas Miller of GPR Civil and Structural Engineering, regarding Dee Road, dated 10/5/10. (2 pages) 7. Letter from Douglas Orr of Orr Homes, LLC, regarding Dee Road, dated 9/15/10. (1 page) 8. Letter from James Coughlin, Attorney, regarding Dee Road, dated 9/15/10. (1 page) 9. Definitive Road Construction Plan, regarding Dee Road, dated October 2010. (3 pages) 10. Fully Compliant Plan to Accompany Alternative Street Construction Plan, regarding Dee Road, Minutes for the Meeting of October 13, 2010 Page 7 dated October 2010. (1 page) 11. Letter from Douglas Miller of GPR Civil and Structural Engineering, regarding Dee Road, dated 9/21/10. (2 pages) 12. Two letters addressed to the ZBA from concerned citizens, dated 10/8/10, regarding the application for an amendment to the special permit with site plan review for 300 Patriot Way.