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HomeMy WebLinkAboutPlanning Board Minutes 1990-12-17 PLANNING BOARD MINUTES MEETING OF DECEMBER 17, 1990 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7 36 p.m. by the Chairman, Mrs. Wood, with members Domnitz, Grant, Klauminzer, Williams, Planning Director Bowyer, and Acting Assistant Planner Marino present. 254. Review of Minutes The Board reviewed and corrected the minutes for the meeting of November 13, 1990. On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted unanimously to approve the minutes, as amended. The Board reviewed and corrected the minutes for the meetings of November 26, and December 3, 1990. On the motion of Mrs. Klauminzer, seconded by Mr. Grant, it was voted unanimously to approve the minutes, as amended. The Board reviewed the minutes for the meetings of November 19, 28, and December 5, 1990. On the motion of Mrs. Klauminzer, seconded by Mr. Grant, it was voted unanimously to approve the minutes, as written. ***************** REPORTS **************************************************** 255. Planning Director a. Secretary Peters' Illness Mr. Bowyer reported that Mrs. Peters had major surgery last Friday and that her estimated time to return to work was approximately six weeks. b. Redesign of Lower Floor of Town Building Mr. Bowyer said that there is a plan to redefine the areas in the Town Office Building, containing the Conservation Commission, as well as the Planning, Recreation, Health and Building Departments, to provide more efficient work space for each department. c. Assistant Planner's Position. Mr. Bowyer reported the position has been advertised, per Town hiring procedures, and that a candidate will be selected from those responding. d. Capital Budget Mr. Bowyer reported that he will be heavily involved with preparation of the 1991 Capital Budget for the Town Manager and would, therefore, like to complete work on the Planning Board articles as soon as possible ***************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 256 Hearings Scheduled for January 24 1991 Mrs. Wood gave an oral report of the following applications to the Board of Appeals 442 Marrett Road, Dean Curtin, variance, to allow an eleven foot setback to the overhang instead of the fifteen foot setback required. The Board noted that Section 10.2.1 of the Zoning By-Law requires that a landscap- Minutes for the Meeting of December 17, 1990 2 ing plan accompany the application for a building permit for the reno- vation to the building, and that none had been submitted. On the motion of Mrs. Wood, seconded by Mrs. Klauminzer, it was voted 4-0 that if the statutory criteria for granting a variance are met, and a landscaping plan accompanies the building permit application for the proposed building renovation, the Board has no problem with the application 1768 Mass. Ave. The Food Emporium, SP, Fast Food. The Board noted that it is submitting an amendment to the Zoning By-Law, for the 1991 Annual Town Meeting revising parking requirements for fast food and take out establishments. They discussed ways to calculate the parking factor, and whether a new parking requirement would be triggered by the addition of tables and chairs. In response to a question from Mr. Grant, Mr. Bowyer reported that the Building Commissioner's position is that the amount of space devoted to retail sales must be calculated, and the term "counter" must be defined. The Board agreed to table a recommendation on this application until its next meeting, when more information is available. The Board also agreed to make no comment on the following application. 44 Downing Road, Sally Sestokas, renew SP, to use a portion of her residence as an office. ******************* ARTICLES FOR THE 1991 TOWN MEETING ****************** 257. Planning Board Zoning Amendments a. Technical Corrections. Building Commissioner's Recommendations The Board discussed a list of suggested Zoning By-Law corrections/amendments contained in a memo from Steven Frederickson, dated December 11, 1990. Members agreed to prepare zoning amendments to address the regulation of for-profit day care centers; to defer any amendments to Section 13 SIGNS of the Zoning By-Law to another year; to omit the special permit requirement for educational or religious projects over 10,000 sq.ft. ; to defer work on defining home offices to another year; to prepare a definition of STORY-HALF to clarify existing language in the Zoning By- Law and to ask that the Selectmen reserve space in the Warrant for the 1991 Annual Town Meeting for Article A, Technical Corrections. b. Parking / Hairdressers. Memo from R. Domnitz to Planning Board Members The Board discussed Mr. Domnitz's memo which recommended that the regulation of parking requirements for hairdressing establishments be treated the same as any other retail/service establishment, and be based on square footage rather than on the number of chairs in the establishment. He noted this would give them flexibility to relocate and would prevent the grandfathering of a use with a higher parking Minutes for the Meeting of December 17, 1990 3 requirement. The Board agreed to ask that the Selectmen reserve space in the Warrant for the 1991 Annual Town Meeting for Article C, Parking Factors. c. Draft Articles as of 12-13-90 The Board reviewed and edited drafts the Planning Board articles. The Board agreed to ask that Town Counsel review proposed language for an article revising the requirements for religious and educational uses and the special permit requirement for those uses. On the motion of Mrs. Klauminzer, seconded by Mr. Grant, it was voted 5- 0 to approve a draft letter to the Selectmen, dated December 12, 1991, requesting that space be reserved in the Warrant for the 1991 Annual Town Meeting for the following articles ARTICLE A. TECHNICAL CORRECTIONS ARTICLE B. RELIGIOUS, EDUCATIONAL INSTITUTIONS ARTICLE C PARKING FACTORS ARTICLE D AGRICULTURAL USE EXEMPTIONS ARTICLE E DAY CARE CENTERS **************************** AFFORDABLE HOUSING **************************** 258. Response to SOS (Save Open Space) Proposal The Board reviewed a draft letter from SOS, prepared at the request of the Chairman, responding to a letter to the editor in the December 6, 1990 Lexington Minuteman. After some discussion, the Board agreed not to send the letter, since the issue is now dead, and it was agreed that it would be untimely to respond now 259. Lexington Ridge. Comprehensive Permit Mr Bowyer reported that the Board of Appeals had granted the comprehensive permit, with conditions last Thursday, with the decision to be filed with the Town Clerk the next day. He added that copies of the decision were not available for the Board's packets, but would be distributed soon, and that the developer has 21 days from the date of filing with the Town Clerk to appeal the decision. ********************** COMPREHENSIVE PLANNING, POLICIES ******************** 260 Design Guidelines. Endorsement by Board Mrs. Wood reported that the Board has been asked by the Selectmen for Planning Board endorsement of the Design Guidelines for business districts prepared by David Dixon and Associ- ates. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 5-0 to endorse the Design Guidelines. Minutes for the Meeting of December 17, 1990 4 *************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************ SUBDIVISION OF LAND 261. Holderness Development. Endorsement of Definitive Plan Mr. Bowyer reported that the suit brought by Attorney Joanne Frey against Developer Robert Phelan has been settled, and that a Stipulation of Dismissal, outlining the terms of the settlement, that was expected to have been received in the planning office by now, has not arrived. The Board agreed not to endorse the definitive plans for the subdivision until the Stipulation of Dismissal has been received by the Town Clerk. 262. Wood Street Development The Board discussed a Petition for Reconsider- ation requested at the Board's November 26 meeting by Attorney Alan Altman on behalf of his clients, CLV Realty Trust. The opinion from Town Counsel Acheson H. Callaghan stated that there are two choices open to the applicant they can submit a revised plan or they may continue the appeal now before the E Superior Court. The Subdivision Control Law does not provide for the Petition for Reconsideration which the applicant has filed. On the motion of Mr Williams, seconded by Mr. Grant, it was voted 5-0 that the Planning Board denies the Petition for Reconsideration, submitted by counsel for CLV Realty Trust on November 26, 1990, for the reasons set forth in Town Counsel's December 12, 1990 letter Mrs. Klauminzer left the meeting during the next item. 263. Orchard Crossint. Lot 16. Vote on Extension of Time Mr. Bowyer noted that at its July 11, 1990 meeting, the Planning Board unanimously agreed that the work permitted by the Special Permit with Site Plan Review, granted to Orchard Crossing Joint Venture Subdivision, has been begun and has been substantially exercised, and that the Board did not believe that the Special Permit with Site Plan Review had lapsed. However, to remove any uncertainty that the property owners and other parties at interest may have had, in July the Board voted to extend the expiration date of the Special Permit with Site Plan Review, granted to the Orchard Crossing Joint Venture Subdivision, to December 31, 1990. John Farrington, representative for the applicant, requested that the Board extend the expiration date of the Special Permit with Site Plan Review to June 30, 1991. There was some question as to whether this action is necessary given the Board's agreement that the work permitted by the Special Permit with Site Plan Review has been begun and has been substantially exercised, but it was felt that this vote could be taken to further extend the date of expira- tion without any difficulty. On the motion of Mr. Williams, seconded by Mr. Grant, it was voted 4-0 To remove any uncertainty that the property owners and other parties at interest may have, the Board votes to extend the expiration date of the Minutes for the Meeting of December 17, 1990 5 Special Permit with Site Plan Review granted to the Orchard Crossing Joint Venture Subdivision, to June 30, 1991. *************************** REPORTS **************************************** 264. Planning Board Subcommittees a. HATS Planning Committee Mr. Grant reviewed the Home Rule Petition to create a regional planning district for HATS, presented at last Thursday's HATS meeting. Member towns have asked for input from town officials. The report will be circulated among Planning Board members for their review and comment. b. Waltham Post Office Facility• Mr. Domnitz reported that he attended a joint Waltham/Lexington meeting of municipal officers and other inte- rested parties from both towns in Waltham last week to discuss steps to prevent the location of the facility near the Lexington town line. It was generally agreed at that meetingthat stopping the project was difficult at this stage since it has been approved by the Postal Board of Governors. It was also agreed to work with Massachusetts Senators and Representatives to try to trigger a review of the whole process by the General Accounting Office to determine whether the selection process equitable. The Mayor of Waltham will seek legal advice on what can be done at this stage of the process. The meeting was adjourned at 11 02 p.m. ( , u , David G. Williams, Clerk