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PLANNING BOARD MINUTES OF MARCH 17, 1986 The meeting of the Lexington Planning Board, held in Room G-15, Town Office Building, was called to order at 7:30 p.m. by the Chairman, Mrs. Uhrig, with members Cripps, Klauminzer, Sorensen, Planning Director Bowyer, Assistant Planner Rawski and Secretary Peters present. Mrs. Wood was absent. 70. Board of Appeals: The Board met with Board of Appeals members Riffin, Scigliano, and Taylor; also associate members Clarke, Miley and Whitman, to hear their comments on the Planning Board's zoning articles for Town Meeting. Article 40: Mr. Taylor felt the revisions proposed in 3.6.1 were substanta- tive rather than technical changes to the Zoning By -Law, adding that the Planning Board had tried to revise this at Town Meeting twice previously and failed. Mrs. Uhrig replied that the Planning Board felt that the Board of Appeals' authority to grant use variances had been changed by adoption of the new state Zoning Act in 1975, and the authority to grant use variance afterward had to be specifically reenacted by the individual cities and towns. Mrs. Riffin agreed with Mr. Taylor and felt there should be an explanation of the phrase that was deleted. Mrs. Uhrig asked that the Planning Board be informed as soon as possible if the ' Board of Appeals adopted a position on Article 40. Later in the meeting, the Planning Board agreed to propose the separation of Article 40 into two parts when it is moved at Town Meeting, separating section A3) of the draft dated 3-05-86, from the rest of Article 40. Article 41: Mrs. Riffin felt there were discrepancies between the two tables on page 4 of the draft dated 3-07-86, and thought they should both read the same. Mr. Bowyer will look into this. On page 5: A8), Mrs. Riffin recommended specifying here whether the Board of Appeals, Board of Selectmen or the Planning Board is the SPGA for a particular district rather than referencing to other parts of the By -Law. For developments in an RD district the SPGA is the Board of Appeals and for the conversion of a municipal building the SPGA is the Board of Selectmen. Article 43: Mr. Taylor noted that the Board of Appeals understands that if the degree of non -conformity is greater than 50%, a variance must be obtained. That is the correct interpretation. There were no comments from the members and associate members of the Board of Appeals on Articles 42, 44, 45 and 46. Mrs. Uhrig thanked them for giving both their opinions and time for discussion of the zoning articles. ************************ ARTICLES FOR THE 1986 TOWN MEETING ******************* 71. Article 44: In section 5.4.2 a.6. sixth line of the draft dated 3-11-86, the Board agreed to delete the words "reasonable time period" and substitute the words "90 days".