Planning Board Minutes 1990-10-01

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r- PLANNING BOARD MINUTES II MEETING OF OCTOBER 1, 1990 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7 35 P.M. by the Chairman, Mrs. Wood, with members Domnitz, Grant, Klauminzer, Williams, Planning Director Bowyer, Acting Assistant Planner Marino and Secretary Peters present. 193. Review of Minutes The Board reviewed and corrected the minutes for the meeting of September 13, 1990. On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted 5-0 to approve the minutes, as amended. ******************************* REPORTS ************************************ 194. Planning Director a. Tracer Lane. Nahigian Case Mr. Bowyer reported that the Town has filed two motions at a motions session before Land Court Judge Sullivan. The first motion was to clarify the record by filing an affidavit from the City Clerk in Waltham indicating that three of the streets in the residential area in Waltham, that adjoin the RO zoned Nahigian property in Lexington, are public streets. This affects the case since whether or not there are public streets could be an issue. Mr. Bowyer added that the judge did not allow this motion, but that the affidavit can be still be introduced at the appeals court level. The second motion filed by the Town would limit the effect of her ruling that disallowed the existence of Lexington's Development Regulations as subdivision regulations, to the Nahigian case only. Judge Sullivan granted this motion. Mr. Bowyer said that, after this motions session, the Town will proceed with its appeal of the Land Court decision to the Appeals Court. There is the possibility that the Supreme Judicial Court may decide to take the case directly. Mr. Bowyer also reported that several amicus briefs may be filed with the Town's appeal by the Massachusetts City Solicitors and Town Counsels Association, the Massachusetts Association of Planning Directors and the Massachusetts Municipal Association He also reported that a Waltham City Councillor may solicit the support of the City of Waltham in the case for Lexington b. Postal Distribution Center Acting Assistant Planner Marino has nearly completed his review of the environmental assessment report filed by the Post Office. The Town Manager asked that the assessment be reviewed by the Planning, Health and Engineering Departments. He and the Planning Director agree that the document was a competently prepared environmental assessment. `_,