HomeMy WebLinkAboutPlanning Board Minutes, 1993-03-08 PLANNING BOARD MINUTES
MEETING OF MARCH 8, 1993
The meeting of the Lexington Planning Board held in Room G-15, Town Office
1 Building, was called to order at 7:33 p.m. by Chairman Williams, with members
Canale, Davison, Domnitz, Planning Director Bowyer, and Secretary Tap present.
Mr Grant arrived during Item 25.
******************* PLANNING BOARD ORGANIZATION, SCHEDULE *******************
27. Welcome to New Board Member• Mr. Williams welcomed Richard Canale,
elected to the Board on March 1, 1993.
The Board planned a retirement party to be held in Mrs. Wood's honor on
Thursday, May 6 at Mr Williams's house.
The following schedule of meetings was set Wednesday, March 17, 29 and 31,
and April 7, 12, and 14 at 7 00 p.m.
28. Signature of Members for Registries: Mr. Bowyer presented letters
addressed to the Registry of Deeds and the Land Court which the Board members
signed. The signatures will be on file at the respective registries.
*********************** ARTICLES FOR 1993 TOWN MEETING ***********************
29. Article 24. Golf in Residential Zoning Districts. Mr. Domnitz explained
1 the thinking behind his memo on this subject. The current use table was
adopted in 1987 as part of an omnibus amendment dealing with commercial
districts. Its predecessor in the 1986 Zoning By-Law permitted standard and
par-three golf courses in residential districts and explicitly prohibited
driving ranges, miniature golf, etc. There is no mention in the Planning
Board report for the 1987 amendment of a desire to legitimize these uses in
residential districts. Therefore, Mr. Domnitz believes this to be an argument
for going ahead with this article to amend the Zoning By-Law
Mr. Grant pointed out that an argument for a driving range in a residential
zone could be made by comparing the 1986 Zoning By-Law and the current By-law.
In 1986 miniature golf, pitch-and-putt, etc. were specifically prohibited
under institutional, recreational educational, uses. The current By-law
refers to these as commercial uses in a residential district They are uses
allowed by special permit, whereas the 1986 By-Law prohibited them.
Mr Domnitz responded that the Planning Board report in 1987 indicates no
intent to widen the commercial activities permitted in residential zones.
Mr. Grant said commercial uses in residential districts are very limited to
begin with but it could be argued that the intent in 1987 was to allow certain
exceptions, one of them being a golf facility. Golf is a use that one associ-
ates with residential districts.
Mr Williams thought the issue of a commercial activity is a zoning district
matter rather than a Board of Appeals matter. Mr. Domnitz said that the
Board's report to Town Meeting could approach the issue either as a historical
question What did the by-law say in 1986? Was the 1987 intent to change it?
Minutes for the Meeting of March 8, 1993 2
or as the questions What do you want here and now? Is this use appropriate
in a residential district?
Mr. Canale agreed with Mr. Domnitz's view, that a rezoning is needed Town
Meeting approval should be required for this kind of activity. Mrs. Davison
thought that the amendment would take a burden off the Building Commissioner.
It would be a clarification of the By-law, which should be specific.
Mr Williams called for a poll of the Board which voted 4-1, Mr. Grant
opposed, to recommend the Town Meeting approve the proposed amendment.
Mr. Bowyer reminded Board members that they are responsible for writing their
reports to Town Meeting on the text articles. Mr. Williams said that in the
past the individual shepherding the article through town meeting has written
the report. The verbal report is critiqued by the Board and the staff. In
response to a question about 1992, Mr. Bowyer explained that the staff simply
transcribed the presentation that the member made at the public hearing to be
the basis of the Board's report on the text articles.
Mr Williams will identify parcels, both privately and publicly owned, that
areossible sites p i es for a driving range. He urged the members to have maps
showing all areas affected by the articles for Town Meeting presentations.
30. Article 26. Minor Revision Procedure Mrs. Davison read her planned
introduction for this article. She asked the staff to review this statement
After some discussion of the wording of the article, the Board agreed to
change the third sentence of the motion, part B, by adding the words, "as
authorized by Town Meeting in the Preliminary Site Development and Use Plan."
The Board voted unanimously to recommend the Town Meeting approve the proposed
amendment, as revised.
31. Article 28. Drainage (Citizens' Article) Mr. Williams called for a
poll of the Board which voted unanimously to recommend the proposed amendment
not be adopted.
32. Article 30. RO to RD. Lowell Street (Citizens' Article) Mr. Grant
spoke in favor of supporting this article. He believes the site is suitable
for multi-family housing Woodhaven Realty's proposal answers the need for Z
housing for a changing population and is well designed. The developers worked J�
with town committees, have a good track record and are respected builders
01
Mr Williams spoke in favor as well. He asked the staff to check the traffic 0
analysis and a claim by neighbors that traffic has increased by 3% a year
Mr. Canale was not in favor. He believes the site is good for multi-family
housing but that 72 units is too many; 52 would be more acceptable. The
density affects livability for abutters and residents of the development. He
wants to see more rental units.
Mrs Davison approves of the concept but is still troubled by the density. It
is inconsistent with the social benefit. Approval of this development might
jeopardize the Town's position in other comprehensive permit projects and
would only break even on the Ch. 40B requirement. She agrees with Mr. Canale
that ten units/acre is acceptable.
Minutes for the Meeting of March 8, 1993 3
Mr. Domnitz's objection is based on the low percent of affordable units pro-
posed. The project must have greater benefit to the Town.
Mr. Williams called for a poll of the Board which voted 2-3, Mr. Grant and Mr.
Williams in favor to support the article. The Board will recommend that the
Town Meeting not approve the petition.
33. Article 31, CM to CD. Westview Street (Citizens' Article) Mr Williams
called for a poll of the Board which voted 2-3, Mr. Grant and Mrs. Davison in
favor to support the article. The Board will recommend that the Town Meeting
not approve the petition
34. Article 23. Generic Environmental Impact Report. Hanscom Field. The
Board voted unanimously to support this article.
***************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************
RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS
35. Repetitive Petition. Carroll Brothers Waltham Street Mr. Domnitz
pointed out that his statement regarding disapproval of Carroll Brothers'
repetitive petition for a driving range was not included in the letter from
the Board to the Chairman of the Board of Appeals. He submitted for transmit-
tal to Mrs Scigliano a statement which shall become part of the record in
this matter. Mr. Domnitz statement follows
"The August 27, 1992 decision of the Board of Appeals denied the
applicant's request for a Special Permit based on findings that the
proposed use would be
- inappropriate for the location, and
- an additional source of traffic on an already congested street.
The Board of Appeals further found that the proposed lighting would be
inappropriate in the residential-zoned area.
I believe the elimination of lighting from the proposal is not a
significant and material change that would warrant a rehearing.
Although not formally part of my response to this request for consent to
a rehearing, I note for the record my opinion and belief that current
zoning does not allow golf driving ranges in any form in this zoning
district."
The Board agreed to supplement the record of its deliberations on the repeti-
tive petition and to forward Mr. Domnitz' comments to the Board of Appeals A
copy will be sent to the applicant.
36. Applications To Be Heard on March 18 1993 Mr Grant gave an oral
review of the following applications
8 Minute Man Lane, Roland and Valeria Clarke, variance to add a front
entry-way/foyer to their dwelling. The Board agreed that the applica-
tion should be denied consistent with the Building Commissioner's note
that the applicant has not presented any hardship.
Minutes for the Meeting of March 8, 1993 4
443 Lincoln Street, Albert R. Piantedosi, extension of a variance to
allow continued parking of motor vehicles on a temporary basis in
conjunction with a grandfathered nonconforming use (body shop) and the
towing of disabled cars. The Board recommends that the Board of Appeals
confirm that the work said to have been done has, in fact, been done by
the applicant, and urges attention to the opinions of the Building
Commissioner and Conservation Commission on this matter.
121 Hartwell Avenue, Varian Vacuum Products, request for a determination
that a proposal to cover an area where hazardous materials are handled
and stored is a minor revision to a special permit. Mrs. Davison
thought it is important that the type of hazardous waste be known.
7 White Pine Lane, Joy Gila Lindsley, special permit to use a portion of
her residence as an office Mr. Williams and Mrs. Davison expressed
concern that on a street with only five houses, there are already two
doctors with special permits to see patients at their residence.
The Planning Board agreed to make no comment on the following petitions, also
scheduled to be heard by the Board of Appeals on March 18.
47 Coolidge Avenue Barry and Eleanor Elkin, variance to extend front
entryway and steps of dwelling
28 Barberry Road, Norman Paul, M.D. and Betty Paul, L. I.C.S.W. , renewal
of special permit to use portion of residence as part-time office
3 Forest Street, Alice Hecht and Richard Burck, variances to restore a
front bay window and a side bay
********************************** REPORTS **********************************
37. Planning Board, Subcommittees The Board reviewed their committee
assignments and reorganized them as follows: Lexington Lighting Options
Committee - Robert Domnitz, liaison; Lexington Center Committee - David
Williams, liaison, Jacqueline Davison, liaison; Minuteman Commuter Bike Path
Implementation Committee - Richard Canale*, voting member; David Williams*,
liaison; Hanscom Area Traffic Study Committee - Edmund Grant; Robert Domnitz*, Z
alternate; Metropolitan State Hospital Land Task Force - David Williams, vot-
ing member; Jacqueline, Davison, liaison; Cambridge Reservoir Watershed
Advisory Committee - Richard Canale*; Mr. Domnitz is the Selectmen's appointee
to the Massachusetts Aeronautics Commission's Strategic Assessment Report O
Study.
* New Assignments p� �
The meeting was adjourned at 10 55 p.m. C-4-fir
Edmund C. Grant, Clerk
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