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PLANNING BOARD MINUTES MEETING OF MARCH 1, 2001 The meeting of the Lexington Planning Board held in the Guard Room of the Police Station was called to order at 7:35 p.m. by Chairman Colman with members Chase, Galaitsis, Planning Director Garber, and Assistant Planner McCall - Taylor present. Mr. Davies and Ms. Bridge- Denzak were absent. The meetings opened with a brief presentation by Mr. Galaitsis on behalf of the Board, thanking Mr. Colman for his service on the Planning Board. This was Mr. Colman's last meeting before the Town Election when a replacement will be elected. MINUTES Review of Minutes The Board reviewed and corrected the minutes for the meeting of the January 22, 2001 joint meeting with the Board of Selectmen, and the meetings of January 29, 2001 and February 7, 2001. On the motion of Ms. Chase, seconded by Mr. Galaitsis, it was voted unanimously 3 -0 to approve the minutes, as amended. * * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS * * * * * * * * * * * ** PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW Form A /01 -03 The Board reviewed an Approval Not Required Plan for land at 196 Burlington Street. On the motion of Mr. Galaitsis, seconded by Ms. Chase, the Board voted unanimously to endorse the plan entitled "Plan of Land in Lexington in Massachusetts, Surveyed for R. M. Whalen Construction ", dated February 7, 2001, prepared and certified by Douglas W. Thompson, Registered Land Surveyor, Design Consultant, Inc., 265 Medford Street, Somerville, MA, with Form A /01 -03, submitted by Robert M. Whalen of R. M. Whalen Construction, applicant, as it does not require approval under the Subdivision Control Law. * * * * * * * * * * * * * * * * * * * * * * ** ARTICLES FOR2001 TOWN MEETING PUBLIC HEARINGS The public hearing portion of the meeting was called to order at 7:50. There were 19 people in the audience. Presentation of Articles 17, 18, and 19 . Mr. Loren Wood was the proponent for these three articles and he presented them in sequence. Mr. Wood, through a series of overheads, presented the purpose of zoning, the definition of a structure and a deck. He went on to explain that purpose of Article 17 was to allow a particular type of patio, one made of wood. He said that such a patio would be different from a deck, as it would not be open underneath. He argued that this was a cheaper alternative. He explained that he had had such a patio but had removed it after enforcement action by the Town. Article 18 deals with the definition of a hardship used in the granting of a variance. Mr. Wood explained that there has to be a hardship in order to get a variance and that one can never get a variance for a deficiency of frontage or area. He quoted from three court cases, including the one he had brought against the Lexington Board of Appeals. All of these cases deal with the interpretation of a "substantial hardship ". He maintained that the courts say the only hardship is if the land would have to stay vacant without a variance. His interpretation of the hardship requirement was that if a building were on. a lot there could be no hardship as the owner was able to make use of the property, even if it was not the most advantageous use of the property. Mr. Wood said that he was proposing this amendment to the Lexington Zoning By -Law so that it would actually state what case law said about "substantial hardship ". He felt it would bring the By -Law into "obvious conformance" and that individuals would not have to look up court cases to interpret the By -Law.