2000-03-27-PB-min - Laserfiche WebLink

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PLANNING BOARD 1V11T1MS MEETING OF MARCH 27, 2 00 0 The meeting of the. Lexington Planning Board held in Room 216 of the Clarke Middle School, was called to order at 7:05 p.m. by Chairman Davies with members Bridge - Denzak, Colman, , Galaitsis, Merrill, Director of Comprehensive Planning Bowyer, Planning Director Garber and Assistant Planner McCall - Taylor present_ Ms. Bridge- Denzak left the meeting during the Planning Director's report due to a personal emergency. * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * ** COMMITTEE REPORTS 37. Fletcher Avenue Committee Recommendation Ms. Bridge - Denzak reported that she told Selectman Catherine Abbot that, based on their discussion at the last Planning Board meeting, the Fletcher Avenue Committee recommendation has the Board's support. The recommended action is to keep the land at Fletcher Avenue and Massachusetts Avenue under the control of the Board of Selectmen but to require Town Meeting approval for any change in use. This should allow for change while keeping a commitment to open space_ On the motion of Mr_ Merrill, seconded by Mr. Galaitsis, the Board voted unanimously to endorse the recommendation of the Fletcher Avenue Committee. * * * * * * * * * * * * * * * ** * * * * ** PLANNING DIRECTOR'S REPORT* * * * * * * * * * * * * * * * * * * * ** 38. Grandview Avenue Subdivision, DEBCO, Inc_, Interim Response Letter A draft of an interim response letter regarding the Grandview Avenue subdivision (and Attorney Emily Sample's questioning the Zoning Officer's decision) prompted a discussion of the varied issues raised by this application- Mr_ Galaitsis was concerned about what would happen if the Zoning Board of Appeals overturned the Zoning Officer's determination and the lots were found to be unbuildable_ Ms. Bridge - Denzak felt it gets back to the Planning Board issues raised by the Rowland Avenue subdivision application. AMs_ McCall- Taylor said the issues in the two cases were different and that the zoning determination was within the Zoning Board of Appeals' Jurisdiction, while subdivision is within the .Planning Board's jurisdiction_ Mr. Bowyer pointed out that there is a prescribed time period for action_ The decision is made, there is a 20 day appeal period, the decision is filed with the Town Clerk, the Registry records the decision, etc. The issuance of the building permit can be appealed or the court can be asked to stop the process_ The issue of the Zoning Officer's determination needs to be filed in the proper venue - the Board of .Appeals_ Mr_ Galaitsis felt that the Planning Board was at the beginning of a process and was concerned about setting a precedent. Yet at the same time he did not want people to think that .in order to stop something they simply had to get a lawyer_ Mr_ Davies reminded the members that the hearing was still open and the Board was simply approving the draft of the interim letter. Tire process would continue on the definitive subdivision application. Mr_ Colmar stated that he would like to monitor zoning officer buildable lots determinations in the future, perhaps the Planning Board could get a inonthly report_ Mr. Bowyer pointed out that the Board relies on various departments for reviews. Mr. Colman said that the Zoning Officer should rely on Palmer and bodge to make determinations. Mr_ Galaitsis said that grandfathering has to be verified so that no one can come back to the Planning Board and say that the members made a major error. He also felt that a letter should be sent to all abutters rom the Zoning Officer when a determination has been made. -'1vlr. Davies wondered what the abutters were io do wbea they got such a letter and reirzi.nded t? e Board that the- question before them was "Do you approve the interim letter?"