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HomeMy WebLinkAboutPlanning Board Minutes 1990-04-04 PLANNING BOARD MINUTES MEETING OF APRIL 4, 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, Uhrig, Planning Director Bowyer and Assistant Planner Nordby present. ********************** ARTICLES FOR 1990 TOWN MEETING *********************** 81. Planning Board Articles The Board signed its reports on Articles 36 - 39, which will be filed with the Town Clerk. **************************** REPORTS ***************************** 82. Planning Director a. Chinese Bible Church. 149 Spring St Rollout of Plans in Application for a Building Permit: Zoning Officer Marino reviewed the proposal for the Board. The proposed church would contain approximately 55,000 - 56,000 sq. ft. of gross floor area on a 8.3 acres, with an FAR of 0.137. There is presently a single family home, a garage and a barn on the property, all of which will be remodeled into church offices. Mr. Marino noted they are designing an on-site septic system. The Board questioned whether this is permitted in Lexington. He reported the Health Department is currently reviewing this legal question. Mr. Marino added the only other question is whether Section 4 of the Zoning By-Law, Permitted Uses and Development Standards, dealing with buildings over 10,000 sq. ft. that require a special permit with site plan review, applies to a religious use. The Board agreed that an SPS was required. They would like to talk to Town Counsel, if he thinks these provisions do not apply to churches. ************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************ SUBDIVISION OF LAND 83. Wood Street J. Vilasi Definitive Plan Rollout of Plan filed 3-23-90 The Board reviewed the plans, prior to staff review. Ms. Nordby reported this plan contains five single family units (one less than the previous plan). Mr. Bowyer noted that 14 day review period will end on Friday, and it needs to be determined if the filing is complete. If it is found to be complete, the Board has 90 days from the date of the initial filing to render its decision. The Board agreed they would like to walk the property with Landscape Archi- tect, Gary Larson. 84. 246 Concord Avenue. Preliminary Plan Direction from Board. Mr. Bowyer commented that it appeared an excessive number of waivers had been requested. He read excerpts from the post trial brief, prepared by Palmer & Dodge, for the Tracer Lane case. One of the points of argument in the brief is that Chapter 41, Section 81R, allows a planning board to waive compliance with its Minutes for the Meeting of April 4, 1990 2 rules and regulations when such action is "in the public interest and not inconsistent with the intent and purpose of the Subdivision Control Law." An additional point in the Town's argument in that case was that the only example cited in the testimony, of a waiver being granted for the length of a dead end street, is when the Planning Board determined that the alternative presented resulted in a better site plan which was less environmentally intrusive. Mr Bowyer commented that, under the law, a planning board has no obligations to grant waivers. The practice of this Board has generally been not to grant waivers which enable someone to develop the land, but to grant them where it improves the site plan. He added that Palmer & Dodge recommended that this practice, concerning the granting of waivers, should be included as a policy statement in the Board's Development Regulations. He expressed a concern that if all these waivers were granted, particularly for the grade of the road, that virtually every new application will involve extended negotiations on what is required and what can be waived. In the last few years, the Board has limited the amount of "negotiation" on subdivisions by sticking with the standards in the Development Regulations and granting waivers infrequently. He recommended that the 8% grade limit not be waived, particularly since this will be a north facing street. The Board agreed they would not grant a waiver to allow more than an 8% grade roadway, and to require a leveling strip at the bottom (6.5.5 of the Development Regulations) , even though this will require a steeper cut for the roadway and higher retaining walls. They also agreed to require a sidewalk or path, because the roadway is narrow with steep slopes at the sides, and north facing (7.3.5 of the Dev. Regs. ) ; and to require granite curbs where the grade of the roadway is in excess of 6% (7.4 of the Dev. Regs. ) . The Board also agreed waivers would be allowed, if requested, for the 25 foot radius rounding (6.5.3) as long as the rounding is on the paved portion of the roadway; for a hammerhead turnaround; and for the requirement for the 24 foot wide paved roadway. The meeting was adjourned at 7 55 p.m. (21.704-14. 67 David G. Williams, Clerk