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PLANNING BOARD MINUTES MEETING OF NOVEMBER 19, 1984 The meeting of the Lexington Planning Board, held in Room G-15, Town Offices, was called to order at 7:43 p.m., by the Chairman Mrs. Smith with members Sorensen and Flemings and Planning Director Bowyer present. Mr. Cripps and Mrs. Uhrig were absent. 223. INTERPRETATION OF ZONING Attorney Stephen Anderson was present for an explanation of the educational use exemption contained in Section 2 of Chapter 40A. The interpretation is important for the facility to house mentally retarded adults on the lot on Hill Street (Articles 4-5) and the hotel -conference center proposed for the Minuteman School (Article 7) of the Special Town Meeting. Mr. Anderson said that the educational use of property is exempt; the facility must still conform with dimensional requirements, off-street parking requirements and the like provided those requirements are not so restrictive as to affect the location of the use. The test which the courts have used is whether the dominant activity is educational. In a case involving the city of Fitchburg Housing Authority, which has striking similarities to the proposed facility on Hill Street, the court determined that the education of mentally retarded adults was the dominant activity and the fact that it was a residential accommodation was incidental. The definition of education in Massachusetts statute and case law is very broad. In a case in the Town of Lenox, the court struck down a very well - drafted special permit provision, because it affected the ability of the educa- tional use to be located in a particular zoning district, although the court did recognize that traditional dimensional and physical requirements would be valid. Mr. Anderson was not aware of any case in which a profit-making commercial use existed as a lessee of a public agency but he will look further. DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREET 224. Hazel Road: CUS 84/2, Map 88, Lot 35: Mr. Bowyer reported that he had discussed the Hazel Road situation with Town Engineer Francis Fields, whose opinion is that the proposed construction will improve a substandard situation. He recognizes that the grade is steep and would not be permitted in new construc- tion. It is not likely that the grade will be changed because the Town has recently installed a sewer at the minimal acceptable depth in order to avoid extensive blasting. Lowering the grade would require reconstruction of the sewer which would be prohibitively expensive. He thought that site lines and other traffic considerations were adequate. Mr. Sorensen moved and Mrs. Flemings seconded, that the grade and construction of Hazel Road would be acceptable if the improvements were made. Mrs. Flemings and Mrs. Smith voted in favor of the motion; Mr. Sorensen against it. It was not clear whether a 2-1 vote was sufficient to constitute a favorable action by the Board. Mr. Bowyer will check with the Town Clerk on that point. At 8:35 p.m., the Board recessed to attend a meeting of the Board of Selectmen at which a presentation on the status of North Lexington traffic improvements was to be made. At 10:20 p.m., the Board reconvened.