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HomeMy WebLinkAboutPlanning Board Minutes 1990-03-28 PLANNING BOARD MINUTES MEETING OF MARCH 28, 1990 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7 05 p.m. by the Chairman, Mrs. Wood, with members Domnitz, Klauminzer, Williams, Planning Director Bowyer and Assistant Planner Nordby present. Mrs. Uhrig arrived during Item 75. *********************** REPORTS **************************************** 72. Planning Director a. Upcoming agenda items: Mr. Bowyer reported that there will be an informational meeting on a two lot subdivision at 246 Concord Street on Monday, April 2. On Wednesday, April 4, 1990, there will be a rollout of a definitive plan for Wood Street Development; and a rollout of an application for a building permit for a Chinese Bible Church off Old Spring Street, overlooking the ramp from 128 on to Route 2. ************* ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************** SUBDIVISION OF LAND 73. Northeate Circle Manganello. Minor Revision to the Certificate of Action for Lot A: Mr. Williams, moved that the Board approve a minor revision to the Certificate of Action authorizing the Building Commissioner to issue a temporary Certificate of Occupancy for Lot A. There was no second. Mrs. Wood noted that last week the Board had commented that they did not wish to see this action becoming a precedent, and she thought that authorizing the Building Commissioner to issue temporary Certificate of Occupancies on three separate occasions establishes a precedent. Mr. Manganello reported that the engineer has begun putting in the bounds, and that the work will be completed by this coming Monday, with all of the as- built plans in to the Engineering Department by next Thursday. He added that the reason for the need for temporary Certificate of Occupancies is that the occupants of the new homes need to move in tomorrow. The Board reviewed and amended a draft motion and revised the motion by eliminating paragraph b. under Item 1, which said that due to winter conditions it would not be possible or desirable to install the bounds. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 3-1-0 (Mrs. Wood voted in the negative) that: 1. the Board determines that a. the request to allow the issuance of a temporary "certificate of occupancy," for the dwelling on Lot A at the North Street Development, is a minor revision to the Certificate of Action and the Special Permit and permission to occupy the dwelling does not result in any Minutes for the Meeting of March 28, 1990 2 I change in the physical improvements described in the plan and therefore does not require a revision to these documents or a public hearing b. special circumstances, relating to a prior real estate commitment for Lot A, exist that would create a hardship that warrants special treatment for this lot; and 2. the Board approves a temporary revision to the certificate of action and special permit that would authorize the Building Commissioner to issue a temporary "Certificate of Occupancy" to Mark Barons to enable him to occupy his dwelling on Lot A at the North Street Development; subject to the following condition. the temporary certificate of occupancy will be valid until May, 1, 1990. If all the permanent bounds are not set by that time, the temporary certificate of occupancy shall be revoked and the continued occupancy of this unit shall be considered to be a violation of the conditions of the Certificate of Action and the Special Permit and shall be subject to such penalties as the Zoning Officer may impose for noncompliance. Mr. Williams commented that he agreed with comments by Mrs. Klauminzer that the Board needs to balance the need in an emergency to approve a minor revision to the Certificate of Action, with concerns that the Board is setting precedents it does not wish to establish. He did not feel a precedent had been sent. ********************* ARTICLES FOR 1990 TOWN MEETING ************************ 74 Article 56. Meagherville Land. The Board reviewed a sketch plan of a citizens' proposal, for the development of affordable housing on the Meagher- ville property. It had been brought into the planning department today with the request that it be reviewed for compliance with the Zoning By-Law and subdivision regulations. Mrs. Wood reported the site for the housing would involve only a small portion of Meagherville site, with the rest being proposed to be given to the Town for conservation purposes. This would mean the plan does not have sufficient area to be developed as a cluster, and would have to come before the town as a RD (Planned Residential Development) proposal. That would have to occur next year as Article 56 does not include a petition for rezoning. Mr. Bowyer commented that the plan proposed the extension of Garfield Street, ending in a turn around which is in a parking lot. He added this could cause problems as one purpose of the turnaround is to permit large vehicles like snow plows and fire trucks to be able to turn around. He noted that since the plan showed more than 10 dwelling units off Earl Street, which is not a public street, the rule about a dead end street, or interior drive, applies and a turnaround would have to be provided and two means of paved, all weather Minutes for the Meeting of March 28, 1990 3 access would have to be provided. Those interior drives would have to connect to a public street. That means Earl Street would have to be upgraded and accepted as a public street and it may be necessary to improve one block of Ash Street between Earl and Ward Street to meet the two means of access requirement and to avoid the necessity of building a turnaround on Earl Street. Mr. Bowyer commented that neither Articles 55 nor 56 includes a petition for rezoning to RD, so that both the citizen and the committee proposals would have to be handled under the cluster provisions of the Zoning By-Law if something is proposed for this year. 75. Article 22. Acceptance of Streets Review of Draft Report The Board reviewed a draft report as of 3-28-90 which explains the procedures for the acceptance of streets, built in subdivisions, as public streets. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 4-0 to approve the wording of the report, as written. 76. Article 37. Bed & Breakfast: The Board reviewed the draft of the report as of 3-28-90, making corrections. They agreed to eliminate the four princi- pal options on page 2. On the motion of Mrs, Uhrig, seconded by Mrs. Klaumin- zer, it was voted 4-0-1 (Mr. Domnitz abstained as he was not a member of the Board at the public hearingfor the article) 1) to recommend the town meeting approve the amendments as set forth in the motion attached to the report, and 2) to approve the report, as corrected. The meeting was adjourned at 8 00 p.m. (A):thrLimj David G. Williams, Clerk