1985-03-04 - Laserfiche WebLink

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PLANNING BOARD MINUTES MEETING OF MARCH 4, 1985 The meeting of the Lexington Planning Board, held in Room G-15, Town Offices, was called to order at 7:47 p.m. by the Chairman Mrs. Smith, with members Flemings, Sorensen and Uhrig and Planning Director Bowyer present. Mr. Cripps was absent. 53. EXECUTIVE SESSION On the motion of Mrs. Smith, seconded by Mr. Sorensen, after a poll of the Board, it was voted 4-0 to go into Executive Session to discuss strategy with respect to potential litigation against the Town which, if discussed in open session, may have a detrimental effect on the litigating position of the Town. At 7:51 p.m., the Board went into Executive Session. Following the Executive Session, the Board returned to open session at 8:05 p.m. SUBDIVISION OF LAND 54. Hampton Road, off Concord Avenue; a condition in Certificate of Action: William Smith was present to protest Condition 4, which was included in the Certificate of Action approved on February 11 that required the developer to grant to the Town and construct a footpath easement on Lot 5. Smith contended this requirement was too severe, that the easement did not connect to other Town - owned property and that it would adversely affect the market value of the lots. He said there were other means of access to the Town's conservation land nearby. He would be willing to grant an easement limited only to the residents of the subdivision. Mrs. Smith responded that type of easement has been included in at least three of the recently approved subdivisions and there was no evidence of any decrease in the market value of the lots. The Conservation Commission had an agreement with the prospective buyer of the abutting property (the John Sellar's property) to provide a footpath which would provide a connection from the Hampton subdivision lot to the Town conservation land. That buyer did not follow through but it can be assumed a similar arrangement will be worked out with the next buyer of the Sellar's property. The Town does not have a pedestrian access to the conserva- tion property and the easements to which Mr. Smith refers are sewer easements, not pedestrian easements. Mr. Sorensen did not believe the Town could accept an easement restricted only to the residents of the subdivision. As a practical matter, such a restriction is probably unenforceable. Mrs. Uhrig observed that the proposed easement is pri- marily for the benefit of the residents of the area and it is most unlikely that residents from the other parts of the Town would either be aware of or use this walking easement. The Board agreed that it would not change its decision. ARTICLES FOR THE 1985 TOWN MEETING 55. Article 18, CD, Concord Avenue: Nicholas Cannalonga and attorney Robert Factor were present to report that, in response to the public hearing, they decided to eliminate the first floor retail space and make the building entirely