Planning Board minutes 1989-12-04

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PLANNING BOARD MINUTES MEETING OF DECEMBER 4, 1989 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 8:03 p.m. by the Chairman, Mrs. Wood, with members Klauminzer, Sorensen, Uhrig, Planning Director Bowyer, Assistant Planner Nordby and Secretary Peters present. Mr. Williams arrived prior to Item 289. Also present was Zoning Officer Joseph Marino. 283. Review of Minutes: The Board reviewed and corrected the minutes for the meeting of November 20, 1989. On the motion Of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted unanimously to approve the minutes, as amended. ************************ REPORTS ******************************************** 284. Planning Director a. Farm and Lillian Roads. Alfred S. Busa: Mr. Bowyer reported he inspected the roads today and the work remaining to be completed before winter has been done. ************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************** RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 285. Additional Hearing Scheduled for December 14. 1989: Mrs. Uhrig gave an oral review of the following petition: 38 Tarbell Avenue, Robert & Maribeth Ivarson, variance, for an addition to a nonconforming house, leaving a rear yard setback of 5 feet instead of the required 15 feet, and a side yard setback of 3.5 feet instead of the required 12 feet. The Board noted that none of the statutory criteria for granting a variance has been demonstrated, and that, based on the infor- mation presented, it appeared the addition could be located on the other side of the residence. On the motion of Mrs. Uhrig, seconded by Mrs. Klauminzer, it was voted 4-0-0 to recommend the variance be denied, since the petition fails to meet the criteria in Chapter 40A, the Zoning Act, dealing with soil conditions, shape or topography. SUBDIVISION OF LAND 286. Turnburry Hill. Otis Brown: The Board discussed a memo from the staff responding to a letter from Mr. Brown asking that he and Leonard Colwell be allowed to occupy their homes in the Turnburry Hill development before all the conditions for occupancy, as stated in the Certificate of Action and the Special Permit with Site Plan Review, have been met. The Board noted that Town Counsel, the Zoning Officer and the staff have all agreed that subparagraph 3.5.8 of the Zoning By-Law allows this request to be treated as a minor revision. On the motion of Mr. Sorensen, seconded by Mrs. Uhrig, it was voted 4-0-0 that: