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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