Committee approves waiver to remove north‑side sidewalk at Lyndhurst/Maxwell despite safety objections

The Lexington technical committee narrowly approved an amendment to the Lyndhurst Subdivision (MJDP 2619) that removes the requirement for a sidewalk along the north side of Hagerman Court and permits a rooftop pergola above the three‑story portion of the building.

Matt Carter of Vision Engineering, the applicant’s civil engineer, said the south‑side sidewalk and the proposed site layout will serve pedestrian needs and that the north side would function as a grass utility strip. “We feel the sidewalk on the south side is, for what it’s gonna be used for, more than adequate to serve the needs,” Carter said.

Staff and traffic engineering pushed back over safety and maintenance. One staff member told the committee the missing sidewalk would reduce safety for people walking along the public right‑of‑way. “It is a safety issue,” the staff member said. Other staff speakers noted that on similar new streets the committee typically requires sidewalks on both sides and that removing a sidewalk shifts maintenance questions to adjacent property owners.

The applicant said the north side features a retaining wall and limited space and that the development had previously sought a waiver that was not timely filed. The committee debated whether a grass utility strip would be acceptable and whether the development would formally document maintenance responsibilities.

On the motion to approve the amendment (removing one requirements note and allowing the waiver), the record shows the motion carried; the transcript records opposing votes from traffic engineering and engineering. The committee did not provide a roll‑call tally of individual members.

What’s next: The applicant will file any necessary plat amendments and clarify maintenance language for the grass strip if the development plan is recorded; the planning commission may be asked to rule on formal waivers depending on final submittals.