1987-05-06 - Laserfiche WebLink

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PLANNING BOARD MINUTES MEETING OF MAY 6, 1987 The meeting of the Lexington Planning Board held in Room G-15, Town Office Build- ing, was called to order at 7:12 p.m. by the Clerk, Mrs. Wood, with members Klauminzer, Sorensen, Williams, Planning Director Bowyer, and Assistant Planner Rawski present. Chairman Uhrig was absent. *********************ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************ 138. APPLICATIONS TO THE BOARD OF APPEALS Hearings scheduled for May 14, 1987: Mrs. Wood gave an oral review of the following applications scheduled by the Board of Appeals. 258 Worthern Rd East, Jeffrey Schriesheim & Dewie Weiner, Variance, to change legal address: Mr. Bowyer reported the only physical access to the property is off Dover Lane via a common driveway, although the legal front- age is off Worthen Road, East. The Board agreed granting this variance would be consistent with the new Section 7.3.2, passed at the 1987 Town Meeting, which allows the owner to gain vehicular access to his property from a street other than the frontage street. (See Section 7.3.2 in Article 42, Technical Corrections, number 5). On the motion of Mrs. Klauminzer, seconded by Mrs. Wood, it was voted unanimously to recommend the variance be ' granted because it will reduce confusion for emergency and delivery vehicles which might seek to access the property off Worthen Road, rather than off Dover Lane where the physical access is actually located. 14 Sunnyknoll Terrace, Michael Saunders, Variance, dimensional controls: The Board noted an anomaly in this application; that if the lots were "grandfathered" there is no need for a variance; if they are not "grand- fathered" a variance may not be justifiable. Insufficient lot area is not one of the three criteria that are cited in the statute for granting a variance. Also, no hardship such as the shape or topography of the lot has been demonstrated. On the motion of Mr. Sorensen, seconded by Mr. Williams, it was voted unanimously to recommend the variance be denied. Albermarle & Winn Avenues, Elena Massimilla, appealing decision of the Building Commissioner: The Board agreed this was a clear case of combina- tion of lots by use, and that both the guidelines prepared by the Town Counsel and the Butts court case in Lexington provide the most direct prece- dent, saying that combination by use is evidence that the lots have been combined, and can not be subdivided again. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted unanimously to recommend the decision of the Building Commissioner be upheld, and pointing out that overturning the decision of the Building Commissioner would also lead to a situation requiring several substantial variances to build on the small lot that would be created. 80 Westview Street, Colin Richardson, SP, to demolish an existing structure and construct an automobile repair facility in the CM district. The Board agreed to postpone consideration of this application until next week, pend- ing the outcome of the vote on Article 43.