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PLANNING BOARD MINUTES MINUTES OF OCTOBER 71 1985 The meeting of the Lexington Planning Board, held in Room G-15, was called to order at 7:42 by the Chairman, Mrs. Smith, with members Cripps, Flemings, Uhrig, Planning Director Bowyer, Assistant Planner Rawski and Secretary Peters present. Mr. Sorensen was absent. 217. Approval of Minutes On the motion of Mrs. Flemings, seconded by Mr. Cripps, it was voted unanimously to accept, as corrected, the minutes of September 23, 1985. *************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ***************** 218. 2 Stevens Road, Richard A. VanWert, Form A-85/14: The Board reviewed a plan showing a change in the side lot line which would permit a proposed addition to the residence to meet the side yard setback requirement. The Board had questioned whether the lot would lose its non -conforming lot status if the side lot lines are changed, and requested an opinion from Town Counsel. Mr. Bowyer will hold the signed drawing for the Board until an opinion has been received. On the motion of Mr. Cripps, seconded by Mrs. Uhrig, it was voted unanimously: to endorse the plan entitled "Plan of Land Lexington, Mass." dated September 16, 1985 by Robert H. Dunning, professional land surveyor, with application form A-85/14 by Richard A. VanWert, as it does not require approval under the Subdivision Control Law. SUBDIVISION OF LAND 219. Toga Property, off Turning Mill Road; Preliminary Plan: Dr. and Mrs. Toga, with Richard Cook from BSC representing them, presented a three lot preliminary subdivision plan to the Board. They proposed that the third lot be either: 1) deeded to the Town as conservation land; or 2) held as a non -buildable lot. In return, the Board would be asked to waive subdivision regulations concerning the construction of the subdivision road, right-of-way width, width of paving, sur- face material of the road, drainage details, and side -walk construction. Mr. Cook added that the Togas wish to build only one house in addition to the exist- ing residence. Mrs. Uhrig asked why then submit a three lot subdivision application. Mr. Cook said if the applicants can not get the waivers they are requesting from the Planning Board, they need the third lot to pay for the subdivision road. Mrs. Smith suggested the applicant first settle the question of whether the third lot is a buildable lot, including a determination by the Conservation Commission, adding that the Board did not consider an easement over one lot to a second lot as access to that second lot. She also felt that it was extremely unlikely the Board would waive the paving of the street citing the problems already existing in Town with unpaved streets. Mrs. Flemings questioned the construction of a retaining wall on the property line. The Board will wait for the resolution of these questions. Ms. Rawski reminded the Board that the 60 day action period runs out on October 14, 1985, before the