HomeMy WebLinkAboutPlanning Board Minutes 1990-04-11 PLANNING BOARD MINUTES
MEETING OF APRIL 11, 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, Uhrig, Planning Director Bowyer, Assistant
Planner Nordby present. Mr. Williams was absent.
92. Review of Minutes: The Board reviewed and corrected the minutes for the
meeting of April 4, 1990. On the motion of Mrs. Klauminzer, seconded by Mrs.
Uhrig, it was voted 4-0 to approve the minutes, as amended.
****************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ********
RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS
93. Hearings Scheduled for Anril 26. 1990 Mrs. Uhrig gave an oral review of
the following applications to be heard by the Board of Appeals.
476 Bedford Street, Howard Smith, to modify a variance by removing the
condition that use of the premises as a veterinarian's office may
continue only so long as it is owned by the veterinarian. Mrs. Uhrig
noted the owner wished to take in a partner and to pass the use on to
his heirs, as a veterinary practice with a non-owner veterinarian
carrying on the practice. She also noted that the use is not permitted
in the CRO District where it is located.
The Board agreed that, from a land use perspective, it did not object to
the operation of a veterinary practice at this location, but that this
variance, probably a use variance, is no longer allowed as it is now a
noncomplying use and not entitled to be considered as a pre-existing
nonconforming use. On the motion of Mrs. Uhrig, seconded by Mrs.
Klauminzer, it was voted 4-0 to have no objection to this continued use
if a legal way can be found to permit the conditions requested.
341 Marrett Road, John M. Sullivan, variance to allow a 10.1 foot
setback of 4.9 feet instead of the required 15 feet. Mrs. Uhrig
reported the owners wish to subdivide the property. Mr. Bowyer noted
that they had previously tried to divide it by the Form A method, but
could not get legal frontage on Wachusett Drive. They now wish to
create a subdivision and build a subdivision road, from Marrett Road, to
create frontage for the divided lots. However there is not 30 feet,
between the main house and guest house, to allow the required 15 foot
setback on both sides of the lot line, so that any lot line separating
the two buildings, would leave a portion of the property nonconforming
and require a variance to subdivide the property. The applicant wishes
to obtain the variance before filing for a subdivision.
Minutes for the Meeting of April 11, 1990 2
The Board agreed that none of the statutory critera for granting a
variance, relating to soil conditions, shape or topography, has been
demonstrated. On the motion of Mrs. Klauminzer, seconded by Mrs. Uhrig,
it was voted 4-0 to recommend the Board of Appeals not grant the
variance since none of the statutory criteria, as set forth in Chapter
40A, have been met, and there is a proceedural question as to whether a
contingency variance can be granted.
The Board also agreed to make no comment on the following application:
6 Albemarle Avenue, Kenneth Virgile, variance to add a dormer to the
second floor of a nonconforming single family home with a rear yard set
back of 4.9 feet instead of the required 15 feet.
SUBDIVISION OF LAND
94. 246 Concord Avenue. George Issaian: The Board reviewed a revised
decision, containing corrections made by the Board at its previous meeting,
approving the preliminary plan. On the motion of Mrs. Klauminzer, seconded by
Mr. Domnitz it was voted 4-0 to approve the preliminary plan, as corrected.
*************** ARTICLES FOR 1990 TOWN MEETING ******************************
95. Meagherville Proposals
a. Article 56. Neighborhood Proposal: Mr. Bowyer reported he had met
with Al Levine, representing the neighborhood group, and told Mr. Levine
the Board would need more information on what is actually contained in
the proposal. Mr. Bowyer also alerted him that there needs to be a
Planning Board meeting next Tuesday or Wednesday. The Board hoped a
motion for the Article 56 would have been prepared by then.
b. Article 55 Committee Proposal The Board reviewed preliminary
plans, prepared by Community Builders for the Meagherville site, which
propose 40 affordable housing units and approximately 5 - 10 single
family lots. Mr. Bowyer reported that according to the school enroll-
ment projections there would be 19 children in grades K-5, all within
walking distance; six in the middle school grades, and eight in the high
school grades, for a total of 33. This was not considered a large
impact.
The meeting was adjourned at 8 15 p.m.
0 0,r/ -
Eleanor H. Klauminzer,
Vice-Chairman