1985-06-03 - Laserfiche WebLink

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PLANNING BOARD MINUTES MEETING OF JUNE 31 1985 The meeting of the Lexington Planning Board held in Room G-15, Town Offices, was called to order at 7:45 p.m. by the Chairman, Mrs. Smith, with members Cripps, Flemings, Planning Director Bowyer and Assistant Planner Delori present. Mr. Sorensen joined the meeting during item 145, Mrs. Uhrig joined the meeting during item 147. PLANS NOT REQUIRING SUBDIVISION APPROVAL 144. 38 Merriam Street, Marjorie Emory Estate, Form A-85/9: The Board reviewed a plan showing the transfer of land at the rear of 38 Merriam Street to another lot fronting on Somerset Road. The frontage of the two lots remains the same. The transfer of the land would reduce the area of lot A -1D which already has less than the minimum lot area required by the Zoning By -Law, and that would be a violation of Section 7.2.1 of the By -Law. The Board considered two choices. One was to disapprove the plan. The second was to endorse the plan with a note that there was a zoning violation caused by the subdivision. Placing that type of note would: 1) potentially cast a cloud on the title, 2) create the need for enforcement action by the Building Commissioner and 3) potentially result in an application to the Board of Appeals. That choice results in a number of awkward situations and unnecessary administrative work. On the motion of Mrs. Flemings seconded by Mr. Cripps it was voted 3-0 : to not endorse the plan entitled "Compiled Subdivision Plan of Land in Lexington, Mass." prepared by Miller and Nylander Company, certified by by Donald Forand, Registered Land Surveyor, dated March 15, 1985, because the proposed subdivision would violate Section 7.2.1 of the Zoning By -Law which provides that a lot already non -conforming shall not be changed in size or shape so as to increase the degree of non -conformity. 145. APPLICATIONS TO THE BOARD OF APPEALS Mrs. Smith and Mr. Bowyer provided an oral review of cases to be heard by the Board of Appeals on June 13. It was agreed the Board would make no recommenda- tions on the following 3 cases: 643 Waltham Street, James Catalano: SP, Greenhouse, nursery. 196 Woburn Street, David Modoono: SP, Roadside Stand 321 Woburn Street, Iole Rocchi: SP, Food Service Mr. Sorensen joined the meeting at this point. 231 Bedford Street, Carmen Lombardo: Variances, parking: The Board reviewed a staff memo dated May 30, 1985. The Board agreed to oppose the variance petition, because, in addition to points raised in the memo: 1) the application is not complete because it does not indicate what other uses are in the building and 2) there is no hardship as Lombardo was aware in 1983, before he started the busi- ness, that the Board of Appeals would not allow parking in the residential area. On the motion of Mrs. Flemings, seconded by Mr. Sorensen, it was voted 4-0 to