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HomeMy WebLinkAbout2011-11-02-PB-min PLANNING BOARD MINUTES MEETING OF NOVEMBER 2, 2011 A regular meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room, was called to order at 7:32 p.m. by Chairman Richard Canale with members Greg Zurlo, Wendy Manz, Michelle Ciccolo and planning staff Aaron Henry and Lori Kaufman present. Maryann McCall-Taylor joined the meeting in progress. Charles Hornig was absent ************************DEVELOPMENT ADMINISTRATION********************* 7 Page Road, lot release: The property owner of 7 Page Road requested a release for lot 49A from the covenant for Lowell Estates to be able to complete a real estate transaction. In staff’s investigation of the matter, it was learned that this lot within the development shown as Plan of Land in Lexington, Mass., dated September 1, 1960, was never released even though it was recorded in Middlesex South Registry of Deeds, showing that the requirements for the construction of ways and municipal services had been completed to the satisfaction of the Board to adequately serve the entire development. Therefore it was recommended by staff that the Board release the lot in question. On a motion duly made and seconded, it was voted, 4-0, to release lot 49A securing 7 Page Road. 40 Solomon Pierce Road, lot release: The property owner of 40 Solomon Pierce Road requested a release for lot 9 from the covenant for Pheasant Brook Estates in order to complete a real estate transaction. In staff’s investigation of the matter, it was learned that this lot, within the development shown as Pheasant Brook Estates Lexington, Mass., revised November 6, 1984, was never released even though it was recorded in Middlesex South Registry of Deeds, showing that the requirements for the construction of ways and municipal services had been completed to the satisfaction of the Board to adequately serve the entire development. Therefore it was recommended by staff that the Board release the lot in question. On a motion duly made and seconded, it was voted, 4-0, to release lot 9 securing 40 Solomon Pierce Road. Page 2 Minutes for the Meeting of November 2, 2011 25 James Street, Adequacy and Determination of street: Ms. Anna Wijatyk, the applicant, requested a determination of the adequacy of the grade and construction of James Street. In 2005, the road was repaved by Lazaro Paving, a contractor who had been used by the Town to pave other roads, but this paving was billed to the residents of James Street. In 2006, residents at 32 James Street applied for a street determination and both the Engineering Department and the Planning Board were satisfied with the documentation provided by the contractor and determined that James Street was of adequate grade and construction at that time. On a motion duly made and seconded, it was voted, 4-0, that James Street in the vicinity of 25 James Street, was presently of adequate grade and construction for the proposed use of the land with the understanding that the depression on the opposite side of the street in front of 25 James Street would need to be repaired. Journey’s End footpaths, field change minor/major modifications: The Journey’s End Condominium Trust Board requested that the Planning Board waive the requirement for the construction of pathways within the development connecting to the open space. Unless the Planning Board releases the developer from that requirement the pathways will have to be installed before the project is considered complete. The Board discussed that they would like to follow the lead of the residents, but the developer should be required to leave monies in escrow to allow for connectivity improvements in the future. Depositing the monies in an escrow account would assure that the Condominium Association would not have the financial burden placed on them. The Board agreed that at this time they will not require the construction of the paths. Mr. Henry will work with the developer on this matter and come back to the Board with more finalized details. Minutes for the Meeting of November 2, 2011 Page 3 PUBLIC HEARING Rockville Avenue Extension, definitive subdivision plan: Mr. Canale called the continued public hearing to order at 7:55 p.m. There were eight 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. Zurlo and Ms. Ciccolo had reviewed the audio of the last meeting and signed statements affirming that they reviewed all the evidence from the meeting missed and therefore could participate in the vote on the project at Rockville Avenue Extension. (Mullins Rule). Mr. Grant said the new submittal responded to Board comments and included an updated list of waivers. There were five letters from abutters living on Swan Lane requesting that it not be widened. The Fire Department’s only comment for the proposed road improvement/turnaround was to move the utility pole at the northerly corner of Rockville Avenue and Swan Lane and soften the rounding for turns at that location. Mr. Russell highlighted the changes from the last meeting, which included a new test pit and revised drainage, inclusion of the drainage easement and setback and limit of work lines on the plan, addition of trees to be removed, relocation of the existing utility pole at Rockville Avenue and Swan Lane, widening of the pinch point on Rockville Avenue to 18 feet and a stepped drainage system. Mr. Henry said all those changes would need to be verified. Board Comments:  There should be clear access to the pathway without pedestrians having to walk over berms. Mr. Russell said if a ramp is put in to keep drainage down there is concern that it would imply that it was handicap accessible. It was intentional to have the 6” step up for pedestrians.  Provide a granite curb cut without the ramp. Mr. Russell said the ramp was needed to prevent runoff.  There must be a prior approval from the Tree Warden before removing vegetation to clear the sight lines within the right of way on Rockville Avenue and at the intersection of Davis Road. Page 4 Minutes for the Meeting of November 2, 2011  What was the purpose of the additional test pit and what was found? Mr. Russell said ledge was found five feet down.  Put some signage up to alert drivers that this is not a through road.  Snow clearing should not block the pathway. Mr. Russell said the Town plows it now and that cannot be controlled. Make sure the property owners are instructed to not make it worse with their own plows.  The road would be a minimum width of 18 feet. Audience Comments:  What will be the grade change on the street; where will it begin and end? Mr. Russell said the only grade change will be in front of the new houses.  What are the markings on the road? Mr. Russell said the markings were done by dig safe.  Will there be a turnaround? Mr. Russell said yes.  The brush that will be removed secures the soil how will that be protected? That would be addressed by the Tree Warden. Mr. Grant was amenable to the Board’s request to extend the decision deadline to December 21 and will put it in writing and a draft decision will be prepared by staff for the next meeting. On a motion duly made and seconded, it was voted, 4-0, to close the public hearing at 8:45 p.m. with the understanding that the Board can take in additional information from Engineering and Planning staff to be provided at a later date. If the plan is approved it can be done with conditions as required. ******************************ZONING BYLAWS******************************* Ms. McCall-Taylor joined the meeting in progress. Center Zoning Changes Update: Present were Jerry Michelson, Howard Levin, Dick Brown and Fred Johnson to give an overview of the proposed amendments for the CB District. Mr. Levin said the three proposed amendments were as follows:  To promote more mixed use and allow dwelling units above the first floor commercial space; Minutes for the Meeting of November 2, 2011 Page 5  To promote greater density and allow up to three stories in height subject to a special permit; and  To limit and modify what would trigger parking and loading requirements such as change of use in existing structures. Board comments:  Is this limited to the CB district exclusively? Mr. Levin said yes.  What are the goals of this proposal; increased space, increase value, better aesthetics?  What are the limitations the stories or the FAR?  There is discomfort with the parking amendment and how it is framed out. It needs to be fleshed out more. What are the incentives for owners to build if only newly created spaces have to provide additional parking spaces? Will the cost of providing parking not act as a disincentive to additional space?  There needs to be more outreach to solicit opinions of property owners and business owners in this process. The sooner the outreach is done, the earlier the purpose will become apparent.  Town Meeting requires a two thirds vote to approve these changes and some analysis should be provided showing what would be the outcome. Ms. McCall-Taylor said once the process gets started this should be presented to the Development Review Team (DRT) to address the building code issue. DRT meets the second Thursday of the month and perhaps they could try to get on the agenda for the December meeting. ***********************************MINUTES********************************** On a motion duly made and seconded, it was voted, 3-0-1, (Ms. Ciccolo abstained), to approve the minutes for October 5, 2011. On a motion duly made and seconded, it was voted, 4-0, to approve the minutes for October 19, 2011. *****************PLANNING BOARD ORGANIZATION, SCHEDULE**************** The unaccepted street memo discussion should be placed on the agenda for the next meeting. Look at Massachusetts Department of Transportation standards, include the Fire Department Page 6 Minutes for the Meeting of November 2, 2011 early on in the discussion and consider video taping fire trucks to show the troubles they have with the roads and help pinpoint problems. Upcoming meetings will be November 14 at 7:00 before Town Meeting, November 16 at 6:00 p.m. to address Rockville Avenue, November 30 there will be a discussion with Mr. Bobrowski about the recodification of the Zoning Bylaws regarding non-conformities, December 7 the rezoning proposal for the Dana Home parcel to present a draft PSDUP and a sketch plan with an action deadline of December 12, and December 14 currently has no agenda items. ********************************STAFF REPORTS******************************* The part-time planner hiring is moving forward. Three applicants have been interviewed and there are four more interviews scheduled for Friday. On a motion duly made and seconded, it was voted, 4-0, to adjourn at 10:45 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 Determination of Adequacy for 25 James Street, dated September 30, 2011 (3 pages). 2. Staff Report regarding Journey’s End, dated October 28, 2011 (2 pages). 3. Staff Report regarding proposed amendment to unaccepted street regulations, dated October 28, 2011 (8 pages). 4. Proposed amendment for Center Zoning changes update, dated October 30, 2011 (7 pages). 5. Letter from Edmund Grant regarding Rockville Avenue dated October 27, 2011 (7 pages). 6. “Definitive Subdivision Plan Rockville Avenue Extension”, updated October 19, 2011 (15 pages). Michelle Ciccolo, Clerk