HomeMy WebLinkAboutPlanning Board Minutes 1990-03-26 PLANNING BOARD MINUTES
MEETING OF MARCH 26, 1990
The meeting of the Lexington Planning Board held in Room G-15, Town Office
Building, was called to order at 7 04 p.m. by the Chairman, Mrs. Wood, with
members Domnitz, Uhrig, Williams, Planning Director Bowyer, Assistant Planner
Nordby and Secretary Peters present. Mrs. Klauminzer arrived at the beginning
of Item 69.
**************************** REPORTS ***********************************
68. Planning Director Mr. Bowyer reported that he has prepared a Planning
Board report on Article 22 - Street Acceptance for the Board's review, to
clarify the Town's street acceptance procedure for new Town Meeting members.
*************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS **********
RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS
69. Additional Hearings Scheduled for Anril 12 1990 Mrs. Uhrig gave an
oral review of the following applications scheduled to be heard by the Board
of Appeals. Zoning Officer Marino joined the discussion
108-110 Bow Street, Vanda Ponte, appeal of the decision of the Zoning
Officer: In response to questions from Board members, Mr. Marino
reported that in his opinion, the lots in question had been combined by
principal use, and conspicuous accessory use, because existing green-
houses and a concrete structure straddle lot lines. He added the
applicant wished to build one home on the nonconforming lot.
Mr. Bowyer noted that in 1983 the Building Department, the Board of
Appeals and the Planning Board participated in the drafting, by Town
Counsel, of "Guidelines for Reviewing Applications for Building Permits
to Build on Substandard or `Grandfathered' Lots". That collaboration
was intended to insure a uniform interpretation of the combination of
lots cases among the Town boards and departments involved.
The Board agreed that the Zoning Officer had correctly followed the
"Guidelines", that this interpretation should be sustained, and that
this information should be brought to the attention to the Board of
Appeals. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it
was voted 5-0 to recommend that the Board of Appeals uphold the ruling
of the Zoning Officer.
399 Lowell Street, Ilias Fanis, House of Pizza, renew SP, for fast food
and take out service. The Board agreed with the Zoning Officer that, in
this case, it did not seem practicable to require that the provisions of
Section 10 of the Zoning By-Law be met. On the motion of Mrs. Uhrig,
seconded by Mrs. Klauminzer, it was voted 5-0 to recommend the special
permit be renewed with the same conditions that were contained in the
most recently granted special permit.
Minutes for the Meeting of March 26, 1990 2
167 and 171 Grant Street, Raymond Deck, Jr. , SP common driveway, to
serve a new garage, to be constructed on one of the conforming lots, as
well as an existing garage on the adjoining lot. The Board agreed,
after reviewing the landscape plan, that granting the special permit
would improve the appearance of both lots. On the motion of Mrs. Uhrig,
seconded by Mrs. Klauminzer, it was voted 5-0 to recommend the special
permit be granted.
The Board also agreed to make no recommendation on the following application.
4 Jackson Court, John and Donna Harrison, variance, to add a 2 1/2 story
addition to the side of a nonconforming dwelling leaving a front yard
setback of 27.3 feet instead of the required 30 feet.
***************** ARTICLES FOR 1990 TOWN MEETING ************************
70. Article 36. Technical Corrections The Board met with Town Meeting
Member Julian Bussgang to hear why he is proposing the word "variance" be
added with the words "permit, special permit certificate of occupancy . . ." in
Amendment 6 - A6 under Article 36, Technical Corrections.
The Board noted that the addition of the word could be considered more a
substantive change than a technical correction. After hearing from Mr.
Bussgang, and discussing with him the reasons why the Board did not think it
appropriate to include the word "variance" in the amendment, it was agreed it
might expand the scope of the article, and to consider this change for next
year's Town meeting.
The Board reviewed a draft of the motion for Town Clerk and the Planning Board
Report, as of March 20, 1990, for Article 36. On the motion of Mrs. Klaumin-
zer, seconded by Mrs. Uhrig, it was voted 4-0-1 (Mr. Domnitz abstained as he
did not sit on the Board at the public hearing) to approve the wording of the
proposed amendment, to recommend the amendment be approved by Town Meeting,
and to approve the Planning Board report for Article 36, as written.
71. Article 37. Bed & Breakfast Last week the Board had discussed whether
to keep paragraphs 5.5.3.3, which required notification of abuttors after a
certificate of occupancy has been issued for a Bed & Breakfast, and 5.5.3.4,
which said that no bed and breakfast unit could be occupied prior to the
issuance of the certificate of occupancy by the Building Commissioner. The
Board agreed to retain paragraph 5.5.3.3 and to drop paragraph 5.5.5.4, as
well as subparagraph e. under 5.5 3.1. They agreed to act on a revised report
and motion on Wednesday, March 28, 1990.
The meeting was adjourned at 7:58 p.m.
970-1.-/Als ‘.../142-4:4
David G. Williams, Clerk