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HomeMy WebLinkAboutPlanning Board minutes 1989-09-27 PLANNING BOARD MINUTES MEETING OF SEPTEMBER 27, 1989 The meeting of the Lexington Planning Board, held in Room G-15, Town Office Building, was called to order at 7:12 p.m. by the Chairman, Mrs. Wood, with members Klauminzer, Sorensen, Planning Director Bowyer, Zoning Officer Marino and Planning Aide Kotval present. Mrs. Uhrig and Mr. Williams were absent. 235. Review of Minutes: The Board reviewed and corrected the minutes for the meeting of September 11, 1989. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 3-0 to approve the minutes, as amended. The Board reviewed the minutes for the executive session of September 11, 1989. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 3-0 to approve the minutes, as written. 236. Planning Director a. Start of Capital Budget Process: Mr. Bowyer reported that prepa- ration of the capital budget will begin with some due dates in early November, and that he will be heavily involved in that work. b. Enforcement Action. Turnburry Hill: On Monday it was learned that construction had begun on a second house at the site in violation of the condition of the subdivision special permit and the stop work order that stopped any further construction until the road binder course was down. Zoning Officer Marino went out to the site yesterday and put a stop work order on the house. This morning he went back to check and found work continuing on the building, so he issued a citation which carries a $50.00 fine. The paving process putting down the binder course has begun and will be completed in the next day or so, so they can proceed with further construction of buildings. ************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************** SUBDIVISION OF LAND 237. 170 Wood Street. Joan Vilasi. Decision on Preliminary Plan: Mr. Bowyer reported that, as agreed to by the Board at its last meeting, members who were unable to attend tonight's meeting would phone in their comments on the application. Mr. Williams commented by phone that he preferred a cluster plan to a conventional plan. He thought that there should be no more than four dwelling units on that site, given the extreme slopes. He also questioned whether the usable open space per dwelling unit requirement had been met. Mrs. Uhrig expressed similar concerns by phone. She was also concerned about building in the steep areas and wanted to reinforce the position that the question of the illegal units must be dealt with as part of this process. She also preferred that they proceed with a cluster plan, since she did not see how a satisfactory conventional plan could be done. Minutes for the Meeting of September 27, 1989 2 Mr. Sorensen felt there was little difference between the cluster and the conventional plans. Mrs. Wood replied the cluster plan would allow them to preserve the barn. Mr. Bowyer noted that both Mr. Williams and Mrs. Uhrig had stated that a cluster plan, not necessarily the one before them as a prelimi- nary plan, should be the choice of the developer. Mr. Sorensen suggested and the other members agreed, it should be one that would pull the buildings off the hill more, to reduce destruction of the site. Mrs. Wood stressed for Mrs. Vilasi, the applicant, who was present, that the Board would not be able to approve any plan, until the problem of the illegal units is corrected. Mrs. Klauminzer wanted to be recorded as not wishing the problem to be corrected by eliminating the illegal units and evicting the tenants. She acknowledged that this was a very difficult problem for the applicant, and the Town had indicated a willingness to work with the applicant to try to accomplish both goals; to preserve the housing, and produce an approved subdivision. Mrs. Wood added that she wished to see a plan showing existing major trees on the site. She also said the Board preferred that the applicant file again at the preliminary plan stage so that the problems discussed tonight can be worked out before the definitive plan stage. Mr. Sorensen added the decision should note that the special permit for a cluster subdivision is a discretionary permit granted by the Board when they determine it is a better plan than a conventional subdivision. The Board reviewed a draft decision, dated September 27, 1989, disapproving the preliminary plan. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted unanimously to disapprove the preliminary plan. Mrs. Wood asked if Ms. Vilasi wished to make any comments. Ms. Vilasi commented on the difficulties and the length of time it has taken her to put this development together. She felt she had been put in the middle of a bad situation, with very little help, and that it had been very costly. She added that she felt her only option at this point would be to evict three tenants. Mr. Higgins, her representative, stated that he had tried to file a comprehen- sive permit with the Board of Appeals and that it had not been accepted. In response to a question from Mrs. Wood, as to whether she would consider filing a RD rezoning for the next Annual Town Meeting to legalize the multiple units, Ms. Vilasi commented that the Town Clerk had questioned a signature on the article she had filed in December, 1988. Mr. Higgins added he felt the RD rezoning process was not favored by Town officials. Mr. Bowyer commented that the petition had been submitted with 12 or 13 signatures, and that the Town Clerk did not certify five of the signatures, which resulted in less than the 10 signatures required. Mr. Higgins stated that they were interested in preserving and allowing the multiple units to continue as rental units, and in building a subdivision on the other parcel, now before the Board. Minutes for the Meeting of September 27, 1989 3 In response to a question from Mr. Sorensen, as to whether it was their proposal to give the multiple units to the Town, Mr. Higgins replied that their proposal was to end up with eight units in the existing three buildings, that presently contain five units, with no exterior extensions in the three buildings. They proposed that LexHab would "have control" of three units, meaning that they could select the tenants, and specify how the rent would be collected. In response to other questions from Board members, he added Ms. Vilasi would continue to own the units and receive the rent. Mr. Sorensen commented that appeared they were going in the wrong direction in increasing the number of multiple units. In response to a question from Mrs. Wood, as to whether there was any other way to allow the development and retain the existing units, Mr. Bowyer responded the comprehensive permit process could be used but, by statute, the applicant must be a non-profit corporation, limited dividend corporation or a public agency, and there must be either a state or federal subsidy in order to qualify for the permit, and the applicant must give evidence of what the subsidy program is, as well as what non-profit or limited dividend corporation is making the application. He added there may be an alternative available in the near future that may allow for local initiative eliminating the require- ment for state or federal subsidy, but it would still require that the ap- plicant be a limited dividend or non-profit corporation. He added the applicant appeared to have two choices: 1) establish a limited dividend corporation, or 2) designate a public agency to be the applicant. Ms. Vilasi stated, that Richard Walker, regional representative of the Mass. Housing Partnership, had stated, when he met with her, that they did not need any state subsidy to go ahead with their plans, and that he supposedly gave that opinion to Mr. Bowyer about a month ago. Mr. Bowyer commented that he had set up the meeting between Ms. Vilasi and Mr. Walker to look at the properties. He added that Mr. Walker had reported back, by phone, that he thought it was a very promising proposition, but that Mr. Walker had not indicated whether or not he had told the applicant it would not be necessary to have a subsidy program. Mr. Walker had mentioned two or three subsidy programs he thought might suit the property, given the characteristics of the buildings, and he noted the buildings would have to conform to building codes. Mr. Walker urged that the parties consisting of the Town, the Realty Trust and Mass. Housing Partnership get together to carry it to the next step. The Board agreed this meeting should take place. Mr. Bowyer reported there is a meeting scheduled with the Town Manager, the Planning Director, Ms. Vilasi and Mr. Higgins tomorrow morning. The meeting was adjourned at 7:59 p.m. //ka-64iitie(--" Eleanor Klauminzer, Vice Chairman