2012-06-20-PB-min - Laserfiche WebLink

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PLANNING BOARD MINUTES MEETING OF JUNE 20, 2012 A regular meeting of the Lexington Planning Board, held in The Selectmen’s Meeting Room, Town Office Building, was called to order at 7:30 p.m. by Chairman Richard Canale with members Greg Zurlo, Charles Hornig and Michelle Ciccolo and planning staff Maryann McCall- Taylor and Aaron Henry present. Wendy Manz was absent. ******************************EXECUTIVE SESSION**************************** At 7:35 p.m., on a motion duly made and seconded, by individual poll of the Board – Mr. Canale, Mr. Hornig, Ms. Ciccolo and Mr. Zurlo – it was voted 4-0 to go into executive session for the purpose of discussing the potential leasing of the Hartwell Avenue Landfill site and return to public session. The Board returned to open session at 8:15 p.m. ***************************ZONING BYLAW REWRITE************************* Recap of the non-conforming uses: The Board reviewed with Attorney Bobrowski the proposed Section 5, Non-conformities. This section represents an area that will change significantly. The special permit with site plan review is the other area that may change as well. Ms. McCall-Taylor said that initially they had tried to craft the nonconformity section so that it would replicate current practice but in the end they recognized that Section 5 was “broken” and the goal should be to write a simple, readable document and not wait for the next level of changes to deal with nonconformities in a way reflecting current case law. The discussion focused on what would constitute an expansion of nonconformity and require review, and what could be allowed by right. The Board was not comfortable with a by right extension of a nonconforming structure along the same nonconforming line; it should be done by a finding, special permit or variance. Mr. Bobrowski explained that case law says that an increase of non-conformity of a one- or two-family dwelling is by special permit, never by variance. There are still three possible levels, by right, by finding or by special permit. Board members thought that it would be simpler to use the special permit when not by right, and not have a finding process as the only difference as proposed would be a simple majority versus a super majority. Mr. Zurlo requested staff’s interpretation of “lawfully begun”. Mr. Bobrowski explained that this was a term used in state law and that we should rely on decisional law for its interpretation, rather