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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 �_i