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HomeMy WebLinkAbout2011-07-13-PB-min PLANNING BOARD MINUTES MEETING OF JULY 13, 2011 A regular meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room, was called to order at 7:30 p.m. by Chairman Richard Canale with members Greg Zurlo, Charles Hornig, Wendy Manz, Michelle Ciccolo and planning staff Maryann McCall-Taylor, Aaron Henry, and Lori Kaufman present. ************************DEVELOPMENT ADMINISTRATION********************* PUBLIC HEARING CONTINUED SUBDIVISION PUBLIC HEARING 1377 Massachusetts Avenue, Definitive Site Sensitive Development Plan (continued from June 8, 2011): Mr. Canale called the continued public hearing to order at 7:32 p.m. There were approximately 8 people in the audience. In attendance were Mr. Rick Waitt, Mr. Brian Timm, Mr. Gary Larson, and Mr. Adam Christie of Meridian Associates, and Mr. Todd Cataldo, applicant. Mr. Waitt said there was a site walk on Saturday, July 9 with some Board Members and abutters. The plans distributed tonight reflect some changes made based on the site visit and comments at the last public hearing. The road was straightened and moved 6 feet away from the abutter’s property to allow the screening requested by the neighbor. Trees will be moved and relocated and rhododendrons 3-4.5 feet tall will be added. Language was added to allow work outside the limit of work (LOW) for clearing of brush. The applicant plans on donating parcel one to the Town. The applicant requested relief from the three waivers listed and proposed the following alternatives:  Section 175-11A(3)(a)(7): Allow the submission of the plan without specifying the distance between buildings;  Section 175-44C(7)&(8): Allow only newly created lot lines and easements be required to comply with the Bounds and Markers requirements; and  Section 175-55D(6)(b): Allow the issuance of a Certificate of Occupancy before installing the finish course of pavement. Page 2 Minutes for the Meeting of July 13, 2011 Mr. Cataldo met with Ms. Ciccolo (who had been unable to attend the earlier site visit) at the site. It was suggested the Home Owners Association (HOA) vote on granting access to the bike path over Lot D for use by Lots A, B, and C after the last lot is conveyed out. All members of the HOA would have to approve the access, which could be a good compromise. Board Comments:  Was there some determination on tree mitigation? Mr. Henry said 226 inches would be removed and 113 inches replaced, which is addressed in Special Condition 4C. Mr. Waitt said included in those numbers is a 24 inch tree which will be removed because it is dead. Mr. Henry will clarify the number of inches regarding the trees in the decision.  Has there been any information from any other department? Mr. Henry said there was discussion with the engineering staff on the infiltration rate, which was addressed in Special Condition 11.  There were concerns with protecting the drainage systems P100 and P400, which are not in easements. Language would need to be added incorporating that protection in the HOA or OMM plan and consistent with the storm water report. Mr. Waitt said that was fine.  Deeds for each lot should allocate the maximum impervious surface and site coverage allowable for that lot upon conveyance.  The staggering of the trees was important to the abutter. Has that issue been resolved to the satisfaction of the abutter?  Regarding the height of the structures in Special Condition 8 the height would be capped at 40 feet or the maximum of a 247.4 foot elevation.  The HOA easement solution is fine, but does not imply a path was being constructed just to allow passage. (A fire alarm caused the meeting to recess at 7:50 pm. The Board returned to open session at 7:54 pm.)  Make sure whatever is approved is reflected in language to allow access to public land as referenced in the bylaw.  Add a special condition that a plan would need to be drawn up by the applicant if an easement is approved by the HOA. Mr. Cataldo said that language to require the Minutes for the Meeting of July 13, 2011 Page 3 applicant to have a plan drawn up if the HOA approves an easement may be included as a condition in the decision.  The words “not protectable” regarding the trees should be changed to “not protected” trees. Audience comments:  Mr. Breitenfeld (an abutter) looked at the plans and had a few concerns. The tree placement looks like it is staggered on the plan, but is actually in a straight line: the trees on inside have been moved across the buffer line; what was the purpose of that? He was not clear where trees are actually being placed.  Road access from the driveway of the subdivision to the abutter’s property is no longer on this plan. If the abutter’s separate driveway can be removed it would allow more planting in front of that property and he wanted to see the easement language to allow use of the road. Mr. Henry explained that unless the abutter’s property becomes part of this development a special permit from the ZBA would be required, which the abutter would need to pursue. There is a reference to that in special permit draft.  Is there a way this area could be protected during construction? (Fire alarm at 8:08 pm, the Board recessed and returned to open session at 8:10 pm. Mr. Zurlo was held up dealing with the alarm, so the Board took up minutes before returning to the public hearing.) ***********************************MINUTES********************************** Mr. Zurlo rejoined the meeting. On a motion duly made and seconded, it was voted, 5-0, to approve the minutes for June 8, 2011, as amended. On a motion duly made and seconded, it was voted, 5-0, to approve the minutes for June 22, 2011. ************************DEVELOPMENT ADMINISTRATION********************* The Board returned to the public hearing on 1377 Massachusetts Avenue at 8:12 pm. Page 4 Minutes for the Meeting of July 13, 2011 Mr. Waitt said all the trees will be staggered as space allows. Mr. Cataldo will work with the abutter on placement once the road is built. The area for the driveway access was closed off with the trees because the abutter may never go forward with the driveway access, by the time the trees are being located the abutter will decide if he wants to go to the ZBA and the trees could be relocated. Audience Comments:  Barbara Doe did not know about the Saturday site walk, although she would not have been able to attend, and had concerns about the plantings. There is an old 24” sycamore maple - how will the trees be planted without damaging existing trees? Is there enough room to retain the natural look with staggering the trees and what is the size of trees to be planted? Mr. Cataldo will meet with Ms. Doe to discuss landscaping and tree placement.  Are the height and size of the new buildings and garages for both the existing home and garage stipulated in the plan? Mr. Waitt said the plans have a maximum allowable site development on lots C and D. Mr. Cataldo said the impervious surface and drainage is reserved in the calculations for the existing houses so a future owner can come back with proposals to add impervious surface if desired. On a motion duly made and seconded, it was voted, 5-0, to close the public hearing at 8:23 p.m. Board Comments:  There should be full caliper reconciliation of the entire site in the future.  The presentation with the massing plans should be referenced in the decision and the massing and design should be included. Mr. Henry said it could be added into findings and determinations under §135-48C number 2. On a motion duly made and seconded, it was voted, 5-0, to approve the definitive subdivision plan for 1377 Massachusetts Avenue. On a motion duly made and seconded, it was voted, 5-0, to grant the special permit with site plan review for a Site Sensitive Development to be built in accordance with the plans submitted and the special conditions put forward. Minutes for the Meeting of July 13, 2011 Page 5 *********************************TOWN MEETING****************************** Dana Home Reuse and CD rezoning: Present was Ms. Trisha Perez Kennealy, applicant, Mr. Louis Perez, contractor, Attorney Ed Grant, and Mr. Gary Larson, landscape architect. Ms. Kennealy is before the Board for an informal presentation for a proposed rezoning of the Dana House. Ms. Kennealy has purchased the Dana Home at 2027 Massachusetts Avenue and has the option to buy 2013 Massachusetts Avenue which contains a house and barn. The plan is to convert the two lots to an inn with a small dining room and lounge. The challenge will be the parking. Mr. Larson said that the property is in an RS zone. To the northeast on Worthen Road is the RM zone and across the road is the CLO zone with the CRS zone further northeast. The existing building at 2027 Massachusetts Avenue will remain as is with three small additions, one in the back the size of a closet, a narrow one on the left, and a larger one-story addition for the dining room on the right. The single family house at 2013 Massachusetts Avenue would have an addition; the barn would be renovated for office space to run the businesses. There are two parking lots proposed, the existing one will increase from 8 to 14 spots at the Dana House with a lower the grade to reduce the view of the parked cars from the street. The other lot would be between the Dana Home and single family home for 15 spots; the curb cut would be moved slightly to the left of the existing curb cut. There would be a small terrace patio at the rear of the Dana Home. Additional plantings would be created to help blend the site in to the surrounding neighborhood. Board Comments and Questions:  Is this the appropriate use and intensity for this location?  Worthen Road will be reconstructed this year - make sure it will not impede applicant’s access and be as safe as possible from Worthen Road.  There are other Bed and Breakfasts in residential areas so an inn should not be an issue, but the intensity and concern of Center creep needs to be addressed with abutters.  Have you spoken with Historic District Commission (HDC) or Center Committee? Ms. Kennealy said she is meeting in August with the HDC and trying to meet with the Tourism Committee. Page 6 Minutes for the Meeting of July 13, 2011  In general this seems to be a desirable project, but the hours of operation with a liquor license across from a residential area could impact abutters across the street. This proposal needs to be respectful in limiting the hours of operation.  The visual impact will require a lot of screening with regards to the parking impacts to make it attractive.  This is an exciting idea for this site, but is 29 spaces enough for 22 rooms and a restaurant? Ms. Kennealy said she is talking with St. Bridgid Church regarding parking for the employees.  Work with Engineering as soon as possible regarding the corner and access from Worthen Road.  Neighborhood concerns are not insurmountable, but parking being on the front of the street would change the rhythm of the street. Consider moving the parking to the rear of the building.  Are there any other commercial uses you see putting here? Ms. Kennealy said not at this time.  The parking is very tight for on-site parking for guests of the inn and the restaurant. The neighborhood is a problem for on street parking. Mr. Zurlo disclosed that he was a consultant for a competing proposal. Mr. Henry presented an overview of the procedural components for the rezoning that will be required by the applicant.  There are some stumbling points and the applicant would need to do more outreach to other groups and abutters.  Look at a marketing plan including the Battle Road Scenic Byway and the Bikeway.  It is recommended you get on the agenda for the Center Committee Meeting on 7/21/11.  Would a boardwalk be a better connection for on-street parking on Worthen Road? Audience Comments:  How many table turns will there be? Ms. Kennealy said it would depend on the hours of operation. The thought was two seatings each evening..  Some parking is in wetlands with the new delineation. Mr. Larson said they moved the drive 6 feet further from the wetlands, there is nothing in the wetlands and a little is within the 25 foot buffer area and they will need to file a Notice of Intent. Minutes for the Meeting of July 13, 2011 Page 7  Do not make it look like the Colonial Inn. There should be no parking on Massachusetts Avenue.  An abutter who lives directly across the street said a Bed and Breakfast or small inn would be a great use. The proposed complex was too large and would have 100-250 people coming and going. This would destroy the character of my family’s home and the neighborhood.  A second abutter said that the vision should be for a small inn, not a world class destination and shared the concerns regarding the scale and the parking and especially for the restaurant.  David Williams, representing the prior owner of the Dana Home stated that they took a long time to find the appropriate buyer for the property and looked for the best concept that would benefit the Town. Ms. Kennealy will work with the Town and the neighbors to make this a good project. The Board believes that the use is appropriate, but is not sure that this is an acceptable level of intensity for this site. The Board recommends that a sketch or a pre-preliminary plan provides further information be submitted so that the Board can be in a position to weigh the proposed project’s benefits and challenges. The applicant should provide staff with a status update prior to the July 27 meeting. ************************DEVELOPMENT ADMINISTRATION********************* RELEASE OF COVENANT Vine Brook Estates Ryder Lane, lot release: Captain Parker Arms LLC, the applicant has requested a release for lot 17 from the covenant for the Vine Brook Estates to clear the title of the property. This was an unbuildable parcel and so a lot release was never requested. Since the street was accepted by the Town in 1983 it indicates that the subdivision was determined complete by the Planning Board prior to the street’s acceptance. Staff recommends that it would be just as easy to release the Town’s interest in the entire covenant rather then just the lot since the street is an accepted way and the covenant has outlived its purpose. Page 8 Minutes for the Meeting of July 13, 2011 On a motion duly made and seconded, it was voted, 5-0, to release the covenant securing the Vine Brook Estates subdivision. ********************************BOARD REPORTS****************************** Mr. Zurlo sent via email the EDAC work plan for the Board members’ reference. The Community Center Task Force is starting to meet with departments regarding the services they provide, what they cannot do and what they would like to do. *************************************ZONING********************************* Zoning Bylaw Re-codification: Attorney Mark Bobrowski was present to continue the discussion of the Zoning Bylaw re- codification. The Board discussed the draft distributed for Section 7 through Section 11 with proposed changes. Board Comments on the following changes to the draft:  Section 7 Special Regulations was renumbered. Section 7.2 has not been used and relief is extremely limited and there is no relief for residential zones. Perhaps make this more powerful.  Section 8 Special Residential Regulations. Section 8.2 conversion of single family dwelling would be better done through regulations with appropriate conditions.  Section 8.3 Accessory Apartments was just renumbered not changed.  Section 8.4 living for seniors just contained definitions and some were not very accurate and relocated to the definitions section.  Section 8.5.3 strike out special permit conventional subdivisions for three or more lots since they are by right.  Section 9 Special District Regulations. Strike out the wetlands, which are unnecessary and renumber the rest.  Section 9.3 collapse the PRD and PCD into a single district with no preconceived standards. The PSDUP can distinguish the uses. The Board will explore that option and get back to Mr. Bobrowski.  Section 10 eliminated a lot of procedural items.  Section 10.2 eliminated repetition of the statute. Minutes for the Meeting of July 13, 2011 Page 9 Mr. Nyles Barnert, chair of the ZBA said there have been issues in town that have been resolved illegally according to the bylaw. A property owner buys multiple lots and 50 years later wants to sell them to a developer and find out if the lots are buildable and grandfathered. Until recently the land owner would go to the Building Commissioner and get an opinion and if it was unfavorable the land owner would go to the ZBA to overturn that opinion. According to the zoning bylaw that is not permitted; it should be an enforcement issue. The only way it can work is if they go to the Building Commissioner and get denied for a building permit because the lot was unbuildable. This is not a workable process and expensive for property owner. Is there anything that could be done for a land owner to find out without applying for building permit if the lot is buildable? Mr. Bobrowski said there could be a request for a zoning interpretation, and that would be appealable to the ZBA. One problem is that no notice is given to abutters and leaves the property owner vulnerable to a six-year enforcement period. It may be possible to require notice to the neighbors. This process requires serious thoughts to get it right and is wrapped up with the grandfathering.  In section 10.4 it should be noted that unless otherwise designated by default the ZBA is the special permit granting authority (SPGA).  The criteria for a special permit were rewritten. Potential fiscal impacts were added to the list.  Section 10.5 changes special permit with site plan review to a major special permit. Consider collapsing them and the submission should match the needs of the request.  Section 10.6 procedures would change if the major special permit was eliminated.  Section 10.7.6 should go into the regulations.  Section 11: all definitions throughout the bylaw were moved to this section. The definition of family might be better using the FHA version or possibly striking the definition of family. The Board will meet with Mr. Bobrowski to discuss the Table of Uses at the next meeting on July 27, 2011. Page 10 Minutes for the Meeting of July 13, 2011 *****************PLANNING BOARD ORGANIZATION, SCHEDULE**************** Work Plan Review: The work plan was distributed as a map. If Board Members have suggestions or comments send them to staff. This work plan will be reevaluated and reprioritized every few weeks. The impervious surface zoning change has been set for Fall Special Town Meeting since it is just a definition. On a motion duly made and seconded, it was voted, 5-0, to adjourn at 11:02 p.m. The meeting was recorded by Lexmedia. The following documents used at the meeting can be found on file with the Planning Department: 1. Draft proposed Certificate of Action and Grant of Special Permit by staff dated July 13, 2011 (6 pages). 2. “1377 Massachusetts Avenue Definitive Subdivision Plan Set”, revised July 13, 2011 (10 pages). Distributed at meeting. 3. Proposed Inn Project for 2027 and 2013 Massachusetts Avenue, dated July 13, 2011 submitted by Trisha Perez Kennealy (23 pages). 4. Plan Set for Inn at 2027 and 2013 Massachusetts Avenue, dated June 20, 2011 (16 pages). 5. Letter submitted by Captain Parkers Arms LLC, requesting a lot release for Lot 17 on Ryder Lane, dated June 27, 2011 (1 page). 6. Agenda Item and Summary by Staff regarding Ryder Lane, dated June 27, 2011 (1 page). 7. Planning Board 2011-2012 Work Plan Items for discussion (1 page). 8. Draft of Zoning Bylaw Section 7-11 and Table of Uses, dated June 27, 2011 (95 pages). Michelle Ciccolo, Clerk