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<br />115
<br />PLANNING BOARD MINUTES
<br />MEETING OF APRIL 11, 1983
<br />The meeting of the Lexington Planning Board held in Room G-15, Town Offices, waE
<br />called to order at 7:37 p.m. by the Chairman, Mrs. Smith, with members Flemings,
<br />Nichols, Sorensen, Uhrig and Planning Director Bowyer present.
<br />73. MINUTES
<br />The minutes of the Executive Session of March 18, 1983, were corrected and on a
<br />motion by Mrs. Nichols, seconded by Mr. Sorensen, were approved, as corrected, by
<br />a vote of 4-0. Mrs. Flemings abstained as she was absent from that session.
<br />The minutes of the meeting of April 4, 1983, were corrected and on a motion by Mr.
<br />Sorensen, seconded by Mrs. Nichols, were approved unanimously as corrected.
<br />74. APPLICATIONS TO THE BOARD OF APPEALS
<br />The Board reviewed a staff analysis dated April 8, 1983, for cases to be heard by
<br />the Board of Appeals on April 14, 1983. On a motion by Mr. Sorensen, seconded by
<br />Mrs. Nichols, it was voted unanimously to make no recommendation on the following
<br />applications:
<br />109 Burlington Street, Robert J. Harris: Variance, side yard
<br />11 Wellington Lane Avenue, Louis DiLuna: SP, pool
<br />4 Robbins Road, George Whiteside: SP, maintain existing dwelling;
<br />Variance, setback
<br />229 Follen Road, Bruce A. Maloof: SP, accessory use of a dwelling: Mr. Sorensen
<br />noted that this application results from an enforcement action. He is troubled by
<br />legitimizing a use after enforcement action. On a motion of Mrs. Nichols, sec-
<br />onded by Mrs. Flemings, it was voted 4-1, with Mr. Sorensen opposed, to state no
<br />objection to granting the special permit provided special conditions outlined in
<br />the staff recommendation are included in it.
<br />93 Hancock Street, Lexington Gardens Inc.: Special Permit, Sunday openings: Mrs.
<br />Smith noted that Lexington Gardens is completely surrounded by residential proper-
<br />ties. Other garden centers in Lexington, which is Seasons Four, Wilson's and the
<br />like, are on major streets. It was concluded that Doran's, which is also in a
<br />residential area, is in a different use classification than Lexington Gardens.
<br />Mrs. Nichols said that Mr. Milliken, the former owner, had a conviction against
<br />Sunday opening and had always taken that position in the neighborhood. On the
<br />motion of Mrs. Nichols, seconded by Mr. Sorensen, it was voted unanimously to rec-
<br />ommend that the special permit not be amended to permit Sunday opening.
<br />75. Ledgemont Development, Spring Street, Beal Corp.: Mr. Bowyer stated that he
<br />is an abutter to the proposed development and that he has offered to disqualify
<br />himself from the consideration of this development. Other Planning Board members
<br />have disqualified themselves from action on subdivisions of which they were abut-
<br />ters. He said there is no financial conflict of interest but there may be an
<br />appearance of a conflict. There was a meeting with the Chairman of the Board and
<br />the Town Manager to discuss his disqualification. Both the Chairman and the Town
<br />Manager thought it necessary and appropriate for the Town to use Mr. Bowyer's tech-
<br />nical skill. It was agreed that he would limit his participation to technical and
<br />factual analyses and would not participate in discussions or make recommendations.
<br />He will also not participate in neighborhood actions on the development.
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