2002-04-10-PB-min - Laserfiche WebLink

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PLANNING BOARD MINUTES MEETING OF APRIL 10, 2002 The meeting of the Lexington Planning Board held in the Carpenter Room, National Heritage Museum, 33 Marrett Road, Lexington, was called to order at 7:00 p.m. by Chairman Galaitsis with members, Chase, Davies, Harden, Kastorf and planning staff Garber, McCall- Taylor, and Tyson present. Mr. Ryan Pace of Palmer and Dodge joined the meeting at 7:35. * * * * * * * * * * * * * * * * * * * * * * ** ARTICLES FOR 2002 TOWN MEETING * * * * * * * * * * * * * * * * * * * * * * ** Article 20, Zoning By -Law, House Impact Provisions The Board reviewed the introductory statement drafted by the Chairman Mr. Galaitsis. They agreed that the Board should take the high ground and not attack the opponents of the article. Strategies for presentation and response were discussed and it was the sentiment of those present that any amendments on the floor by the Planning Board would have to be based on what was happening and could not be predetermined. Members felt that if a Town Meeting member suggested a sunset clause the Board would consider it. Mr. Garber reported that Mr. Peter Kelly would be offering an amendment to the height definition to raise it from 40' to 44. Mr. Harden said that the only house that would need such relief would be a 12:12 pitch on a big floor plate. The Board agreed that it was opposed to the change in height and voted 5.0 on the motion of Mr. Harden., seconded by Mr. Davies, to recommend the amendment be disapproved if it was ruled within the scope of the warrant. Mr. Patrick Mehr was in attendance and asked to speak to the Board about his amendments. He told the Board that his 2.5 times the neighborhood context is a guideline that is higher than the threshold. He said if the Board systematically negotiated to the threshold it would be thrown out in court. He said that without his amendment there is no guideline and Article 20 will fail. On the motion of Mr. Kastorf, seconded by Mr. Harden, the Board voted 5 -0 to recommend disapproval of an amendment using 2.5 times the neighborhood context as a guideline. On the motion of Mr. Kastorf, seconded by Mr. Davies, the Board voted 5 -0 to disapprove of an amendment to use the concept of cubic footage. On the motion of Mr. Kastorf, seconded by Ms. Chase, the Board voted 5 -0 to disapprove an amendment that would define new construction as an addition of 50% or more in site coverage. Mr. Ryan Pace of Palmer and Dodge joined the meeting. The Board discussed the issues relating to appeals of site plan review and what could be done if a builder refiised to participate in the process. Mr. Pace urged the Board to not consider "disapproval ", rather approval or approval with conditions. He said that the Massachusetts' courts have said that site plan review can impose reasonable rules and regulations. The Board would have to look at the risks and rewards of asking that a building permit not be issued. There was further discussion of how an appeal occurs, Mr. Garber urged the Board members to answer any questions they can that come up on Town Meeting floor so that it is not just the staff that answers questions. The meeting was adjourned at 7:55 p.m. 4a � {/n 1 -) 9 V__ V _� Sara B. Chase, Clerk