HomeMy WebLinkAboutPlanning Board Minutes, 1994-11-28 PLANNING BOARD MINUTES
MEETING OF NOVEMBER 28, 1994
The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to
order at 7.39 p.m. by Acting Chairman Canale with members Davison, Domnitz, Grant, Merrill, and
Assistant Planner Marino present.
232. Review of Minutes: The Board reviewed and corrected the minutes for the meeting of November
14, 1994 On the motion of Mr. Grant, seconded by Mr. Merrill, it was voted 4-0-1 to approve the minutes,
as written. Mrs. Davison abstained as she was not present at that meeting.
The Board reviewed the minutes for the meeting of October 11, 1994, the joint meeting with the Conserva-
tion Commission. On the motion of Mrs. Davison, seconded by Mr. Grant, it was voted
4-0-1 to approve the minutes, as written. Mr. Merrill abstained as he was not present at that meeting. The
Board agreed that it should discuss at its next meeting whether to adopt as a formal policy the procedures
outlined in its minutes of the October 11 meeting.
************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS *************
RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS
233 Public Hearine on the Repetitive Petition of Jon D Mills. 12 Stedman Road: Mr. Canale opened
the hearing at 7.45 p.m. Mr. Mills, the applicant, presented the petition. He pointed out that his new
application differs from the previous application in that the proposed addition to the dwelling is smaller and
the layout is different. He answered a number of questions from the Board.
The hearing was closed at 8:03 p.m.
The Planning Board reviewed the petition and agreed that it contained specific and material changes in the
conditions upon which the previous unfavorable action was based. On the motion of Mr. Grant, seconded
by Mrs. Davison, the Board voted unanimously that the new application contains material changes from the
first application and to consent to refer Mr. Mills' application back to the Board of Appeals.
DETERMINATION OF GRADE AND CONSTRUCTION OF UNACCEPTED STREETS
234 12 Kimball Road, Reauest to Waive Unaccented Street Policy- Rodney and Linea Hopwood, of
12 Kimball Road, were present to make a formal request of the Board to waive Chapter 5, Unaccepted
Street, of the Development Regulations. They intend to demolish their house and replace it with a newly
constructed house Since Kimball Road is an unaccepted street, the Development Regulations require a
portion of the street to be improved. The Hopwoods said that the expense of upgrading the road is not in
their budget and would prevent them from replacing their house. Several other residents who live on
Kimball Road, and others who live in different areas of town, were present and spoke for the character of
the Hopwoods and against upgrading the road. Additional views expressed by residents were: the goal of
having more upgraded streets is a good one, but private residents who want to replace their homes should
not have to bear the expense of street construction, especially if their house is of moderate size; Kimball
Road would be hazardous if upgraded because children play in the road and faster traffic would increase the
danger; the spirit, not the letter, of the law should be observed in some situations; and that those present,
even though many were unaware of the requirements, were sure that the Planning Board did not intend for
it to apply in situations like the Hopwoods'
Minutes for the Meeting of November 28, 1994 2
After some discussion of the problems involved with waiving the whole regulation, and what the procedure
might be, the Board agreed to ask the staff to outline some options for procedural ways to deal with such a
request and to consult with the Town Counsel and the Building Commissioner They will continue
weighing the issue at their meeting on December 12.
SUBDIVISION OF LAND
235 Garfield Street Extension. Decision on the Preliminary Plan: The Board reviewed a draft decision
prepared by the staff. Mrs. Davison had some questions, which were answered by the other members, as
she was not present at the previous meeting when this draft decision was discussed. The applicants'
attorney, Jonathan Gold, was present and expressed Ronald and Nancy Gold's frustration with the
subdivision application process so far. He said the delays in the Board's actions are creating a hardship for
them. Mr. Gold mentioned that in addition to the delay they were required to pay an additional fee after
they withdrew their first application, which was incomplete when filed, and resubmitted it. Mr. Canale
responded by saying that the issues involved in this subdivision plan are complicated and the Board believes
that the thoroughness of their deliberations benefits everyone. Mr. Domnitz suggested that the Board
discuss the issue of fees at its next meeting. On the motion of Mr. Merrill, seconded by Mr. Domnitz, the
Board voted 4-1, Mrs. Davison opposed, to approve the decision, dated November 28, 1994, as amended.
RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS
236. Annlications To Be Heard on December 15. 1994 Mr. Canale gave an oral review of the
following applications:
315 Woburn Street. Thrifty Car Rental, renewal of special permit to operate a car rental service
The Planning Board will recommend that the conditions regarding advertising and hours of
operation remain in place. It notes also that there is no justification in the application for wanting
ten cars. The Board does not recommend granting a special permit for an indefinite period of time
and believes that five years should be the maximum period for a special permit.
10 Woburn Street, Patric Barbieri, Europa Auto Imports, variances for a proposed auto repair and
service business
The Planning Board will recommend denial of the variances for parking and maneuvering. The
applicant has not demonstrated that he meets the statutory criteria for granting a variance, i.e., that
he would suffer substantial hardship, financial or otherwise, owing to circumstances relating to the
soil conditions, shape or topography of the land or structures if a variance from the provisions of
the Zoning By-Law is not granted.
10 Woburn Street. Europa Auto Imports, special permit to operate auto repair and service business and
to modify transition area landscape screening requirement
The Planning Board will make no comment on the special permit to operate the repair shop, but
will recommend that in view of the abutting residential area and the site's sensitive location at a
gateway to the center of town, the special permit to modify transition area and landscape screening
requirements be denied.
10 Woburn Street. Europa Auto Imports, special permit for a sign
The Planning Board found the information provided on the sign was insufficient for it to
determine where the sign will be located and what effect it will have on traffic. It will suggest
that the words "Established 1955" be eliminated as they are advertising.
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3 Minutes for the meeting of November 28, 1994
321A Woburn Street, renewal of special permit to operate a Chinese take out food service known as
Changhai.
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The Planning Board will recommend that five years be the limit on special permits.
The Board had no comment on the following applications, also scheduled to be heard on December 15.
45 Munroe Road, Hopkins and Szostkowski, variance from the required 30' front yard setback to
relocate the non-conforming front entrance, and add an entry vestibule, covered front porch and steps
with a front yard setback of 17.2'
10-12 Muzzev Street, Bagel and Bean Cafe, special permit to operate a delicatessen and take out food
service in former Darrow Bookstore space
48 Woburn Street, Lawrence Sweet, special permit to raise front porch and front roof line and add a
second story at rear of dwelling
34 Wyman Road, John and Sarah Moroney, variance to replace a nonconforming shed
Mr. Domnitz left the meeting.
************************ ARTICLES FOR 1994 TOWN MEETING ************************
237 Article A. Zoning By-Law Frontage Reduction: The Board reviewed the sixth draft of the article.
f On the motion of Mr. Merrill, seconded by Mrs. Davison, the Board voted unanimously, 4-0, to approve
Article A, Zoning By-Law, Frontage Reduction, dated November 18, 1994, and to request the Selectmen to
include the article in the Town Meeting Warrant.
The meeting was adjourned at 10:44 p.m.
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Frederick L. Merrill, Jr., Clerk i