HomeMy WebLinkAbout2011-09-21-PB-minPLANNING BOARD MINUTES
MEETING OF SEPTEMBER 21, 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 Charles Hornig, Wendy
Manz and planning staff Maryann McCall - Taylor, Aaron Henry, and Lori Kaufman present.
Michelle Ciccolo joined the meeting in progress. Greg Zurlo was absent
* * * * * * * * * * * * * * * * * * * * * ** *DEVELOPMENT ADMINISTRATION * * * * * * * * * * * * * * * * * * * **
PUBLIC HEARINGS
Rockville Avenue Extension, definitive subdivision plan:
Mr. Canale called the public hearing to order at 7:32 p.m. There were seven people in the
audience. Present were Mr. Ed Grant, Attorney, Mr. Bob Bradley, Mr. Jeff Callahan and Ms.
Diane Callahan, the applicants, and Mr. Fred Russell, project engineer.
Mr. Grant requested the benefit of a full Board and so the Mullin Rule will be used for this
project for the Board Members that were not able to attend the public hearing. Mr. Grant
explained that the proposed plan is not a new subdivision, but a road construction plan for a paper
street to create frontage. The Board of Appeals confirmed that the Bradley lot was a buildable lot
and granted a variance for the reduced frontage.
Mr. Russell said that the proposed plan will include the following: a hammerhead turnaround put
into a full easement; the two houses will be piped into an infiltration system, which will reduce
the water shed flow on the site; the road grade will match into the gravel path built by the Town;
and the landscape will be increased to provide more screening to the property line on Davis Road
and new street trees will be added.
Board Comments:
• The fire engine is outside the easement and needs to be made a little larger.
• Is the waiver for overhead utilities that already exist for Rockville Avenue? Mr. Russell
said yes everything new will be underground and the existing poles will remain.
• Why is there a waiver for street lights? Mr. Russell said the abutters stated at the last
meeting they did not want them.
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Minutes for the Meeting of September 21, 2011
• Did we get the language for the drainage easement? Mr. Russell said it was not filed yet.
• The northeast corner of the Callahan property is a steep slope is a retaining wall being
proposed? Mr. Russell said there is no need for a retaining wall they will do grading.
• The following waivers are needed and explain why they are warranted: §175 -44C1-
Frontage of 125 feet required for both lots; §175-44D(3)-Road improvements across the
entire frontage; and §175- 45(B)1 -Plans to show improvements for the entire lane to
connect to an existing public street. Are you submitting plans? Mr. Russell said no
because it would disrupt the existing lots of residents who have been using it as part of
their front yard and several trees would have to be removed. Mr. Grant said intervening
distance is only for new subdivisions and this is an old subdivision.
• A blanket waiver for the intervening distance is not acceptable and a plan must be
submitted. Submit a road improvement plan with explanations of residential properties
that would be impacted and safety improvements for this road.
• Provide improvements for the path to make it safe and stable.
• It looks like the bottom of the infiltration system is close to the water level. Mr. Russell
said additional test pits will be placed at the corners. Provide confirmation of the water
levels.
• The pinch points on Rockville Avenue and Swan Lane should be widened.
• Show which trees would be preserved and which would not. Mr. Russell said it would be
shown on the next plans.
• Will there be any cut and fill? Mr. Russell said yes where the existing path meets the new
road.
• What will keep cars from going off the road and entering where the path begins? Mr.
Russell said the curb. Identify the path to make it safer.
Audience Comments:
• Some abutters were requesting the Board be flexible with this plan.
• It would be unreasonable to insist the applicants improve Rockville Avenue. It would be
encouraged to approve the plan.
• Rockville Avenue is a dead end street and used by the elementary school children daily.
Increased traffic would make it more dangerous.
Minutes for the Meeting of September 21, 2011
Board Comments:
Page 3
• How will snow clearance be done by the Town in the turnaround? Mr. Russell said that
the snow could be pushed to the sides at an angle right now they push the snow onto the
path.
On a motion duly made and seconded, it was voted, 3 -0, to continue the public hearing to October
19, 2011 at 7:30 p.m. in the Selectmen's Meeting Room with revised plans.
The Board recessed at 8:26 p.m. and reconvened at 8:34 p.m.
186 -192 Woburn Street, sketch plan report to board:
Mr. Henry said staff met with town counsel and it was determined that a fifth lot does exist in the
proof plan. Staff will now put a letter together for the applicant regarding the sketch plan.
Ms. Ciccolo joined the meeting in progress.
71 -79 East Street, definitive balanced housing development (BHD):
Mr. Canale called the public hearing to order at 8:37 p.m. There were ten people in the audience.
Present were Mr. Rick Waitt, engineer, Gary Larson, landscape architect, and Adam Christie
from Meridian Associates, Todd Cataldo, applicant, and Mr. John Farrington, attorney.
Mr. Waitt explained the changes to the plan from the last submittal. The ground water elevation is
179 feet and 95% of the water that falls on the site stays on the site. The proof plan allows for five
lots permitting 37,638 square feet of impervious surface and 36,000 gross floor area as permitted
by the current zoning regulations. If this is a Public Benefit Development (PBD) the square
footage maximum is increased to 45,166 square feet impervious surface and 42,300 gross floor
area. The only difference in the plans for a BHD and the PBD are the size of the units on lots
D,E,F, and G of an additional 7,200 square feet and the affordable unit on lot H. The water main
will be looped, parcel two will be common open space and the limit of work line revised.
The Preliminary decision concerns were addressed as follows:
• The building envelopes were moved 10 feet closer to the right of way (ROW);
• This will be a private way;
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Minutes for the Meeting of September 21, 2011
• The water main easement allows for access for it's the entire length;
• Sidewalks were incorporated into the ROW, which would 4 feet wide with porous
pavement from the cul -de -sac to East Street;
• Clarification of the total tree reconciliation for the proposed removal and replacement.
The applicant submitted a tree inventory to the Board and is on file;
• The open space was widened through the entire lot by 15 feet, a few more trees would be
removed and the grade lessened making a gentle slope;
• The two trees that would be planted are high on the cul -de -sac and won't impair the
drivers view; and
• The proposed way was relocated to reduce headlight interference with the homes across
the street. The car headlights will fall between the two houses.
Mr. Waitt said the applicant is amenable to the Engineering Department's seven conditions.
Mr. Cataldo said the elevations were shown on the submitted proposals. The well on site will be
removed for safety purposes since it is unstable and the driveway would pass over it. Mr. Waitt
addressed the requested waivers saying some were necessary because of the Board's
recommendations. The following are from the staff report:
• A waiver for Metes and Bounds descriptions for individual lots;
• A waiver for a teardrop shape cul -de -sac instead of a circular one, that was based on the
Board's direction;
• A waiver to show the proposed distance between dwellings, which is the nature of the
BHD;
• A waiver showing the location and footprints of new dwellings, the footprints are shown;
• A waiver for street lights, which the applicant is not in favor of and are not necessary;
• A waiver from showing driveway site lines, which is not needed since the site is dead
flat; and
• A waiver from the required 20 foot easement to a 10 foot easement, since this is a single
water main and 20 feet is excessive.
The name of the proposed private way would be Keeler Way. Mr. Cataldo said the property was
in the family for so long and the Keelers are the descendants of the Fiskes.
Board Comments:
• There is a strong vote for the PBH and the affordable unit would be on lot H? Yes.
Minutes for the Meeting of September 21, 2011
• Waivers of area and frontage should be requested.
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• Who owns lot one the private way? Mr. Farrington said a separate entity would be
created to avoid a Homeowners Association due to bank requirements. The lot would be
held in common to the center line? Mr. Farrington said yes. Who will own parcel two?
Mr. Farrington would create another separate entity. Mr. Cataldo said wanted to see
what the Board's recommendation would be before creating the legal documents.
• There needs to be a few more waivers for a proper private way; the ROW should be 50
feet not 40 feet, the street width should be 24 feet not 20 feet and the sidewalk should be
five feet wide not four feet. There is no objection to either plan.
• How large will the houses in on the back lots be in the PBD? Mr. Cataldo BHD lots D
through G would be 5650 square feet, the abutter homes are approximately 7000 square
feet.
• A PBD would be appropriate for this site and if it cannot be done here take it off the
books.
• Have you looked at the new lot lines? Mr. Cataldo said yes and tried to preserve as
many trees as possible. Staff should set time on the agenda to address policy on the
perimeter verses new lot lines for the tree bylaw.
• How many truck loads of soil will come on or off the lot? Mr. Waitt 500 -600 yards net
need to be brought onto the site for fill of basement soil, which is approximately 20 truck
loads.
• Who are the carriers you are allowing in for utilities? Mr. Cataldo said herizon and
Comcast will be the carriers. RCN declined due to cost.
Audience Comments:
• With the Public Benefit Development how large will the homes be in the back? The
homes will be approximately up to 7,450 square feet gross floor area for the lots D -G.
• Do not clear out the trees in the back for ball playing.
• Will that back open space feel useable by all? Ownership will be made clear.
• Most of the children in the neighborhood go to Fiske and will not need the open space.
Leave the trees and the plan is solid with a few minor revisions.
• Is there an issue with the water main? Mr. Waitt said no the Town regulations require the
water main to loop.
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Board Comments:
Minutes for the Meeting of September 21, 2011
• Defer to DPW recommendations for how much width is needed for the water main
easement.
• There should be no structure within ten feet of the water line.
• Make sure the Fire Department is satisfied with the teardrop as it stands.
• Provide a sign to keep right on the teardrop cul -de -sac.
• Write up a letter on the street name for the Police and Fire Departments to review.
• Make sure there is a complete list of waivers and the Board may want to add conditions.
On a motion duly made and seconded, it was voted, 4 -0, to continue the public hearing to October
19, 2011 at 8:30p.m in the Selectmen's Meeting Room.
186 -192 Woburn Street, sketch plan report to board:
Has any Board Member made it to the site yet? There are five lots, but the position of the house
of the fifth lot is still in question. Staff will advise the Board of possible dates for a Saturday
morning site visit.
171 -183 Woburn Street, report to board:
Mr. Henry explained after meeting with Town Counsel to discuss the greenhouse issue the
agricultural exemption is only applicable when it is the principle use and not an accessory use.
Mr. Hornig said perhaps one greenhouse could be preserved for the residents. The applicant
would like to progress to a preliminary plan. The applicant had submitted an original sketch plan
without the greenhouses in August 2009. Mr. Canale would prefer another sketch to try to keep
one greenhouse.
It was decided that the applicant can proceed to a preliminary plan as long as all Board concerns
are addressed.
* * * * * * * * * * * * * * ** *PLANNING BOARD ORGANIZATION, SCHEDULE * * * * * * * * * * * * * * **
The Center Committee will be coming before the Board in October? Mr. Canale said it was
important they do outreach early. Ms. Manz said they were going before the League of Women
voters the first Friday in November.
Minutes for the Meeting of September 21, 2011
Page 7
The tentative date for the Special Town Meeting will be November 14, 2011. The tentative public
hearing date for the Dana home will be either October 26 or November 2 depending on when the
application is submitted. The Dana Home applicants are scheduled to come before the Board
informally on October 5, 2011.
Mr. Canale asked if the final zoning documents were in to discuss them on October 5, 2011. Ms.
McCall - Taylor said she just received the e -mail today from Mr. Bobrowski.
The next meetings are October 5 & 19 with tentative dates for the Dana Home public hearing
either October 26 or November 2.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *BOARD REPORTS * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Mr. Canale is running for a seat in the MPO and the election is at the October Council Meeting.
Mr. Canale said he would follow up with the chair of the Board of Selectmen on the joint meeting
of September 12.
There will be a caucus next week looking at maturing suburbs.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *STAFF REPORTS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
The part time planner job has been posted on the website and ads through electronic mediums
will follow in a few days. The emphasis for this position is on transportation planning.
On a motion duly made and seconded, it was voted, 4 -0, to adjourn at 10:23 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. Staff Report regarding Rockville Avenue Extension, dated September 16, 2011 (3 pages).
2. Memorandum from Engineering, dated September 21, 2011 regarding Rockville Avenue
Extension (2 pages).
3. Letter from Edmund Grant regarding Rockville Avenue dated August 8, 2011 (38 pages).
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Minutes for the Meeting of September 21, 2011
4. "Definitive Subdivision Plan Rockville Avenue Extension ", dated June 24, 2011 (15
pages).
5. Definitive subdivision application set for Rockville Avenue extension, dated July 3, 2011
submitted by Jeffrey Callahan and Robert and Gertraud Bradley (66 pages).
6. Staff Report regarding 71 -79 East Street, dated September 16, 2011 (2 pages).
7. Letter submitted from Meridian Associates dated August 17, 2011 (9 pages).
8. "71 & 79 East Street Definitive Subdivision Plan Set" dated August 17, 2011 (10 pages).
9. Memorandum from Engineering, dated September 20, 2011 regarding 71 & 79 East
Street (1 page).
10. Proposed home elevations for 71 & 79 East Street, dated September 21, 2011 (1 page).
11. Tree inventory for 71 & 79 East Street, dated September 21, 2011 (1 page).
Michelle Ciccolo, Clerk