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HomeMy WebLinkAboutPlanning Board Minutes 1990-02-12 PLANNING BOARD MINUTES MEETING OF FEBRUARY 12, 1990 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7:33 p.m. by the Chairman, Mrs. Wood, with members Klauminzer, Uhrig, Williams, Planning Director Bowyer, Assistant Plan- ner Nordby and Secretary Peters present. Mr. Sorensen arrived during Item 26. 25. Review of Minutes: The Board reviewed the minutes for the meeting of January 22, 1990. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 4-0 to approve the minutes, as written. ****************************** REPORTS ********************************* 26. Planning Director a. Update on Staff Work: Mr. Bowyer reported his work on Capital Budget preparation should be completed by the end of next week. He also reported Assistant Planner Nordby and Planning Aide Kotval are preparing an inventory and evaluation of all publicly owned sites, for their suit- ability for affordable housing. A draft report should be ready for the Housing Options Committee around the first of March. b. Tracer Lane Litigation Mr. Bowyer reported he had given testimony for two days in the Land Court in the suit against the Planning Board by Tracer Lane II Realty Trust. In response to questions from Board mem- bers he summarized what he considered to be what the plaintiff's suit was about 1) an appeal of the denial of the Tracer Lane subdivision by the Planning Board, and 2) a charge that the Town's zoning classifica- tion of the 19 acres of the parcel in the RO One-Family Dwelling District, was "improper and irrational". ******** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 27. PUBLIC HEARING: Repetitive Petition. 4 Jackson Court. Donna and John Harrison. Mrs. Wood opened the hearing at 7 45 p.m. by reading the legal notice. She noted that the Board need only hear what "specific and material changes" were made in this petition from the original petition that was denied by the Board of Appeals on September 14, 1989. Mr. Harrison presented slides showing that the exterior bulk of the addition has been reduced by 30% and the square footage of the addition has been re- duced by 30%; the encroachment into the side yard setback has been reduced from 6.4 feet to 2.8 feet; and the front yard setback will now be 27.3' instead of 23.8' . Mrs. Wood declared the hearing closed at 7:57 p.m. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 5-0 to consent to the decision of the Board of Appeals that there has been suf- ficient specific and material changes from the original petition, that was Minutes for the Meeting of February 12, 1990 2 denied by the Board of Appeals on September 14, 1989, for the Board of Appeals to rehear the petition before two years have expired. ********************* ARTICLES FOR 1990 TOWN MEETING ********************* 28. Board Member Responsibility for Zoning Articles: The Board agreed that Mrs. Wood would present Article 41, Parking Adjustments, and Article 42, Signs, Private Flags, and Mrs. Klauminzer would present Article 39, Technical Corrections. They also agreed to wait until after the public hearing on Article 40, Bed & Breakfast, to assign responsibility for that article. 29. PUBLIC HEARING Article 39. Technical Corrections As required by Chapter 40A, the Planning Board conducted a public hearing, beginning at 8:00 p.m. , on the proposed Technical Corrections amendment to the Zoning By-Law. Approximately 9 residents attended the hearing. Mrs. Klau- minzer reviewed the 15 proposed zoning amendments. Julian Bussgang, 2 Forest Street, asked why variances were not included in the listing of the different types of permits in Amendment 8, which replaces the general term "or other permit" with the names of specific permits. Robert Domnitz, 14 Oakland Street, had questions about what regulations can be imposed by the Town on religious or educational uses. The Board noted some minor errors in wording. Mrs. Wood declared the hearing closed at 8:40 p.m. 30. PUBLIC HEARING Article 41. Parking Ad.iustments As required by Chapter 40A, the Planning Board conducted a public hearing, beginning at 8:41 p.m. , on the proposed Parking Adjustments amendment to the Zoning By-Law. Approximately 9 residents attended the hearing. Mrs. Wood read the legal notice and explained the purpose of the article. Peter Kelley, 24 Forest Street thought the wording of the description, following the article, was confusing, and he recommended it be revised to say that each 120 sq. ft. in the hall will require one parking space. Questions were also raised as to how these revisions would apply to a religious recreational facility, and if they did apply, this should be stated in the description. Mrs. Wood declared the hearing closed at 9 01 p.m. 31. PUBLIC HEARING: Article 42. Signs. Private Flags As required by Chapter 40A, the Planning Board conducted a public hearing, beginning at 9 02 p.m. , on the proposed Signs, Private Flags amendment to the Zoning By-Law. Approximately 9 residents attended the hearing. Mrs. Wood read the legal notice and explained the purpose of the article. Several of the residents felt the wording of the article was confusing. The Board agreed more work was necessary to clarify the meaning of the article, especially that the message on the flag was not controlled by the Town, and that the phrase in the first line "containing advertising matter," should be eliminated. p Mrs. Wood declared the hearing closed at 9 23 p.m. Minutes for the Meeting of February 12, 1990 3 *********** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************** 32. 5 Old Shade Street. Domenic Trano Mr. Trano asked that the Board allow him to divide a 53,711 sq. ft. lot into two lots neither of which would comply with the lot area requirements of the zoning district. The Board explained that the Zoning By-Law did not allow a change in lot lines that results in making a conforming lot nonconforming. They added his proposal would create two nonconforming lots, that could not be legalized except by a rezoning by Town Meeting, which was very unlikely. Mr. Trano also asked about the possibility of using a 50 foot right-of-way, not owned by him and located along the rear property line, as frontage for the back lot. The Board responded that the only way this could be done was through the subdivision process, which would require a roadway, built to Town standards as provided in the Town's Development Regulations. They noted first he would have to own the right-of-way. Mr. Trano said the property containing the right-of-way was for sale, and he would consult with his neighbors to see if he could purchase a strip from them to bring his divided lots into con- formity with zoning requirements, and to see if they were interested in pursuing the development of their back land by the subdivision process. The Board suggested an easier way to live near his elderly mother, who he said required his care and attention, might be to create an accessory apartment or a two family home within his mother's existing home. SUBDIVISION OF LAND 33. Royal Circle. Barry Caouette Endorsement of Corrected Definitive Plan: Engineer Richard Waite, representing the developer, reported an error had been found in the survey previously done for the subdivision; that the corrections have been made to the drawings; and they are ready to be endorsed by the Board. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 5-0 to endorse the corrected definitive plan. 34. Ooi Circle. Bruno Gallinelli Endorsement of Definitive Plan: Ms. Nordby reported that all necessary work on the definitive plan has been completed, and the plans are ready to be endorsed by the Board. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 5-0 to endorse the definitive plan. 35. Pheasant Brook. Robert Cataldo Endorsement of Definitive Plan: Ms. Nordby reported that all necessary work on the definitive plan has been completed, and the plans are ready to be endorsed by the Board. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 5-0 to endorse the definitive plan. The meeting was adjourned at 10:06 p.,m. 9104441/4 " t4L-1-1 David G. Williams, Clerk