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___i <br /> Minutes for the meeting of March 20, 1989 2 <br /> Warrant; and <br /> 2) to approve the report, as amended, containing the Board's recommen- <br /> dations. <br /> 88. Article 43, Institutional Uses: Joining the Board for discussion of this <br /> article were Peter Kelley, representing the Forest Street Neighborhood Assoc- <br /> iation, and William Spencer, Chairman of the Lexington Housing Authority. The <br /> Board reviewed the draft amendment and Planning Board report, dated 3/16/89, <br /> making corrections. <br /> Mr. Spencer asked what would effect this amendment would have if, in a one <br /> family residence district, a residence were converted to an institutional use, <br /> such as a community or group residence. He asked what would be required for <br /> side yard setbacks, etc. if the existing setbacks are non-conforming. <br /> Mr. Bowyer noted any proposal for more than four non-related residents would <br /> not be permitted as of right in a one family district, except when it is <br /> classified as an educational institution. He noted the courts have broadly <br /> interpreted what constitutes an educational institution. <br /> In response to additional questions from Mr. Spencer, Mr. Bowyer added that if <br /> an approval not required plan is filed, the applicant is exempted from use <br /> restrictions only, for three years. If a definitive subdivision plan is <br /> filed, the applicant has an exemption from all changes in zoning for eight <br /> 1 years, provided the plan is approved by the Planning Board within seven months <br /> t ) of submittal. He added that these are the only ways to vest use rights. He <br /> noted the time to vest other rights has passed, since the notice of public <br /> hearing on the proposed amendment has already been published in the newspaper. <br /> Mr. Bowyer also noted that the part of the amendment that deals with parking <br /> does not affect the example referred to by Mr. Spencer in that the parking <br /> regulations in effect now, dealing with off-street parking, will not be <br /> changed. <br /> The Board discussed with Mr. Kelley what effect this amendment would have if <br /> the proposed Grace Chapel building on Forest Street were subject to the <br /> provisions of this amendment. ' <br /> The Board agreed there needed to be some method for controlling the size of a <br /> structure used for the two uses discussed above. <br /> 89. Article 46, Affordable Housing in RS: The Board reviewed, making <br /> corrections, a draft Planning Board report, as of 3/16/89. On the motion of <br /> Mrs. Klauminzer, seconded by Mrs. Wood, it was voted 5-0 to: <br /> 1) recommend the Town Meeting disapprove the amendment contained in the <br /> Warrant; and <br /> 2) approve the report, as amended, containing the Board's adverse recommen- <br /> dations. <br /> 90. Article 51 , Subdivision Construction Deposits: The Board reviewed, <br /> making corrections, the Planning Board draft report as of 3/16/89. On the <br /> motion of Mrs. Wood, seconded by Mrs. Klauminzer, it was voted 5-0 to: <br /> { <br /> t4 <br />