Planning Board minutes 04-01-1996

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PLANNING BOARD MINUTES MEETING OF APRIL 1, 1996 The meeting of the Lexington Planning Board, held in Room G-15, Town Office Building, was called to order at 7.37 p.m. by Chairman Davison, with members Colman, Davies, Merrill, Planning Director Bowyer, and Assistant Planner Marino present. Mr Canale arrived during Item 67 ************************ ARTICLES FOR 1996 TOWN MEETING ************************ 67 Article 31 RS to RD Pelham Road. Grey Nuns: Mr. Bowyer reported that he had communicated to the Grey Nuns the Board's concerns about their preliminary site development and use plan. He said they will make the changes that the Board wants and will file a revised PSDUP incorporating these points. Mr Bowyer, at the Planning Board's request, talked with the chairman of the Lexington Housing Assistance Board and the COA director about their possible involvement in tenant selection at Youville Place. Marshall Derby, chairman of LexHAB, said he does not believe LexHAB should be involved in monitoring compliance with the assisted living program because fees include services other than rent. Linda Crew Vine, Council on Aging director, said the COA is potentially interested in being involved but wants to understand all the implications, money, staffing, etc., before committing to it. On the motion of Mr Canale, seconded by Mr Merrill, the Board voted unanimously, 4-0, to recommend approval of Article 31 conditioned on the requested change in the preliminary site development and use plan. The Board reviewed and revised a draft report to Town Meeting. On the motion of Mr Canale, seconded by Mr Merrill, the Board voted unanimously, 4-0, to approve the wording of the report to Town Meeting, as amended. 68. Article 31 RO to CD Waltham Street (Gravestar, Inca Mr Marino reported that David Spillane, site designer, of Goody, Clancy and Associates, Architects, indicated to him that Gravestar is considering withdrawing Article 32. Mr Bowyer reported further that in the discussion that Mr Marino had with the applicant, they questioned whether indefinite postponement would have the same effect as a disapproval which would trigger the repetitive petition provision in the State Zoning Act. For a petition that has been disapproved within the previous two years, a favorable recommendation of four fifths of a future Planning Board is needed to bring the petition before the future Town Meeting. He reported he had discussed the question with Mike Callaghan, a zoning expert at Palmer& Dodge. Callaghan pointed out there was not any "black letter law" on the subject but was confident withdrawal would not be treated in the same way as a disapproval because the courts generally favor the right of petition to government bodies. After some discussion about Gravestar, Inc.'s proposal to rezone land that is part of the Waltham Street Star Market shopping plaza, on the motion of Mr Canale, seconded by Mr Merrill, the Board voted 3-2, Mrs. Davison and Mr Davies opposed, to recommend disapproval of this article to Town Meeting. After reviewing a draft report, on the motion of Mrs. Davison, seconded by Mr Merrill, the Board voted 3-2, Mrs. Davison and Mr Davies opposed, to approve the report to Town Meeting, as written. Mr Davies explained he had voted against the motion because he did not believe the report contained the spirit of encouragement he was looking for Later, Mr Merrill moved, and Mr Canale seconded that the motion to approve the report be reconsidered. That motion was approved by a 4-1 vote, with Mrs. Davison opposed. Mr. Merrill said he now understood the points raised by several Board members that the report should be more positive and encourage Gravestar to continue working on the issues the Board had raised. He offered to work on a redraft.