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PLANNING BOARD MINUTES
MEETING OF DECEMBER 14, 2011
A regular meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room, was
called to order at 7:35 p.m. by Chairman Richard Canale with members Greg Zurlo, Wendy
Manz, Michelle Ciccolo and Charles Hornig and planning staff Maryann McCall-Taylor, Aaron
Henry and Lori Kaufman present.
************************DEVELOPMENT ADMINISTRATION*********************
Rockville Avenue Extension, Deliberation:
The Board discussed the draft finding and decision submitted by staff on the Rockville Avenue
extension. A new construction plan with clarifying information had been submitted after the
public hearing was closed.
Board Comments:
The road was lowered by six inches on the updated plan. A special condition #7 should
be added that the applicant restore the pathway and connect to the road way with a curb
cut. Some Board Members were concerned that there maybe a conflict with state or
federal regulations mentioning changes made to the path and adding a curb cut to the
existing road.
The surfaces disturbed by construction should be restored to the existing conditions.
On a motion duly made and seconded, it was voted, 4-1, (Mr. Zurlo opposed) to require the any
surfaces disturbed by construction be restored back to the existing conditions.
On a motion duly made and seconded, it was voted, 2-3, (Mr. Zurlo, Ms. Manz and Ms. Ciccolo
opposed) to add to a special condition requiring a curb cut be installed to connect the path to the
roadway. The motion failed due to a lack of a majority vote.
The language that no drainage should run into daylight in special condition 5(a) should
also be required in the private owners storm water operation and maintenance agreement
and wording added to special condition 5(b)2 to include the provisions of special
condition 5(a).
Page 2 Minutes for the Meeting of December 14, 2011
On a motion duly made and seconded, it was voted, 5-0, to approve the definitive subdivision for
the Rockville Avenue Extension, based on the updated plan submitted, dated November 30, 2011
and including the amendments listed above.
Grant of Utility Access for Goodman Estates:
Town Counsel found and an error in the Grant of Easement regarding Grove Street and requested
the Board endorse a corrected Grant of Easements.
On a motion duly made and seconded, it was voted, 5-0, to endorse a corrected Grant of
Easement for Grove Street as per the request of Town Counsel.
1377 Massachusetts Avenue, Bond Reduction:
The applicant has requested the reduction of the performance guarantee bond from $152,129 to
$25,890. Mr. Henry said the applicant sent an estimate updated from the original cost to construct
for 1377 Massachusetts Avenue that was recently approved by Engineering. It was determined
that the $25,890 bond would be enough to cover the cost to complete the final items on the list.
On a motion duly made and seconded it was voted, 5-0, to accept the reduction of the bond from
$152,129 to $25,890 for 1377 Massachusetts Avenue.
186-192 Woburn Street, Preliminary Site Sensitive Development (SSD):
Fred Russell, project engineer, Steve and Jackie Hamilton, the applicants, Luke Sotier, farmhouse
resident, Fred Gilgun, attorney, and Laurie Tarr-Ellsworth, landscape architect were present.
Mr. Hamilton said this site consists of three parcels and the plan before the Board is a site
sensitive development (SSD) with five lots and the preservation of the farmhouse. The houses
would be clustered at the core of the site; the path follows the existing driveway, and would
require less grade change and site disturbance then other plans considered by the applicant. The
houses located off Woburn Street will face into the private way, but will be oriented to provide a
nice streetscape on Woburn Street. Lot 3, which is overgrown, will be cleaned up and a house
placed on it. The farmhouse entrance will be reoriented to create a blended community with the
old and new houses, which would leave the sense of scale in tact.
Minutes for the Meeting of December 14, 2011 Page 3
Mr. Russell said the proof plan allows five lots and will maintain the farmhouse. The common
drive will serve five houses and will be increased to 18 feet, although the Fire Department may
request further widening. There will be two drainage systems to collect runoff from the driveway
and another to handle the surrounding areas. Lots 2, 3, and 5 will have their own infiltration
systems for roof runoff. Lot 4 will be left as is and Lot 1 will replace the existing house. The
utilities will be brought in for water, sewer, gas and electric. At this moment the applicant is
proposing to bring in electric overhead from an existing pole at the corner to prevent extra cutting
into Woburn Street, which was just paved. Lot 3 will require a pump system for the sewer and all
other homes will have a gravity-fed system. The hydrant at the end will be used for flushing; it
may be relocated, based in input from the Fire Department.
Ms. Tarr-Ellsworth said the existing vegetation on the site will remain as a border. Lot 3 will
have some nice new native plant material added along with extra plants for buffering between the
individual lots to provide privacy.
Board Comments:
Positioning of the front homes should be slightly inward and not perpendicular to
Woburn Street.
The next submission should provide something that would show the size and massing on
the plans. It would need to be more than a two dimensional cross section to get the full
picture for the Board.
There is a preference for a looped water main and a connection to Dunham Street would
prevent a forced pump system from needing to be installed. Mr. Henry said there will be
more coordination with the Engineering and Fire Department to address this.
There should be screening placed between the development plantings and the existing
natural area.
There needs to be a determination from the Fire Department regarding the adequacy of
the grade of the roadway and the turnaround. An easement maybe required to cover the
turnaround and right of way.
Would three houses have basements? Mr. Hamilton said they would, but Lot 2 has an
underground garage. Basement floor elevations should be shown on the plans.
Page 4 Minutes for the Meeting of December 14, 2011
Connectivity for pedestrians needs to be created through Lot 3 with an easement for all
five houses. It should be a simple walking path.
Audience Comments:
The resident at 192 Woburn Street said the largest maple tree needs to stay on the
property.
The asphalt on the property should be limited and reduced.
There is concern about liability with adding a walking path since the common drive
would not have sidewalks.
Will there be a report from the Fire Department and Engineering? Mr. Henry will work with the
departments and the applicant to address any issues for the next meeting. If anything major comes
up, it will be brought back before the Planning Board. A midterm evaluation can be done with
staff.
On a motion duly made and seconded, it was voted, 5-0, to approve the preliminary site sensitive
development plan including the instructions from the Board as discussed above.
**********************************ZONING ***********************************
Dana Home Preliminary Site Development and Use Plan (PSDUP):
Since the last meeting more correspondence has been received. Staff will forward the Board’s
feedback to the applicant within 30 days in response to the draft PSDUP. The Board Members
should be copied on the letter that is sent out to the applicant. It is difficult, but possible to amend
the PSDUP, but it is not possible to change the warrant article so the applicant should be sure to
work with staff to get it correct.
Bio-digester on Hartwell Avenue:
The Board of Selectmen (BOS) took this item under advisement at their last meeting. There were
three options - CD rezoning, change in the use table, or an overlay district. The Selectmen felt
that the most appropriate would be the CD rezoning, which would be petitioned by the successful
respondent to the RFP. The draft RFP will be written and circulated to staff and the Board for
comments. It will be a long process and probably go into the fall or next year.
Minutes for the Meeting of December 14, 2011 Page 5
The Board will be looking to see how this will fit into the CM district and if it is compliant with
the Board’s vision. The RFP should incorporate details to the applicant to reduce the amount of
uncertainty. There was expressed disappointment by the Planning Board that it was not consulted
regarding the best way to proceed. Getting the rezoning done first would be the best chance for a
successful proposal.
Center Zoning:
Mr. Dick Brown and Mr. Jerry Michelson were present. Ms. Manz said that Center Subcommittee
met with staff and ironed out some details for the Center rezoning. The following items were
discussed:
Allowing residential use in the Center by adding an amendment to the Use Table 1 and
insert line 1.16 that in the CB zone dwelling units would only be permitted above the
street level.
Modifying the height limit to a maximum of 45 feet coupled with a FAR of 3.0 and
removing the story limitation would allow variation and stepping of the building faces.
The height and FAR work together to limit the number of stories to four.
Board Comments:
Limiting residential use is fine, but an escape valve by special permit should be provided
for street level spaces that are not storefront space and can be proven to not be viable
commercial space. This was done previously at Town Meeting by allowing limited office
space if it was not in a store front.
Residents living in the CB district should be allowed to conduct a home occupation in
their residences.
The warrant articles will be written by planning staff broadly enough to allow for fixes to
definitions, changes to other items by right and by special permit. Ms. McCall-Taylor requested
that the warrant articles be sent to the BOS and be sponsored by the Planning Board at the request
of the Center Committee, which was fine with the Board Members.
Parking in the Center should be modified to allow change of use to not be a trigger for an
increase in the parking requirements, but increased square footage would trigger a change
to the parking requirements.
Board Comments:
Page 6 Minutes for the Meeting of December 14, 2011
1. The warrant article should be broad stating that it is to change the way parking is
regulated in the Center.
Recodified Zoning Bylaw:
The Board discussed bringing forth the zoning bylaw recodification at the 2012 Annual Town
Meeting, but determined that it would be best to bring forth a report under Article 2 at the 2012
Annual Town Meeting and that the zoning bylaw would be placed on the warrant for the Fall
Town Meeting.
***********************************MINUTES**********************************
On a motion duly made and seconded, it was voted, 4-0-1, (Ms. Ciccolo abstained) to accept the
minutes of November 30, 2011, as amended.
*******************************STAFF REPORTS********************************
Mr. Henry said a warrant article will be added regarding acceptance of the land off Massachusetts
Avenue that is being gifted to the Town by Todd Cataldo.
The draft Annual Report will be forwarded as previously discussed at the last meeting.
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 Certificate of Action for Rockville Avenue for Rockville Avenue (6 pages).
2. Definitive Subdivision Plan Set for Rockville Avenue Extension, dated 11/30/11 (4
pages).
3. Application for 186-192 Woburn Street, dated 11/15/11 for a site sensitive development
(21 pages).
4. Preliminary Site Sensitive Development for 186-192 Woburn Street Dated 11/11/11 (8
pages).
Michelle Ciccolo, Clerk