HomeMy WebLinkAbout1980-08-18PLANNING BOARD MEETING
August 18, 1980
The meeting of the Lexington Planning Board was called to order at 7:30 p.m.
by the Vice Chairman Mr. Sandy with members Nichols and Sorensen, and Planning
Intern Asen present.
BOARD OF APPEALS PETITIONS
80 Baker Avenue, Harry Bakow: No Planning Board comment will be made on the
petition for a variance to maintain an existing house with insufficient side -
yard setback.
2 Burns Road, J. Jonas: The Board reviewed an application for a variance to
allow construction of a detached garage that would not be in conformity with
the required front and sideyard setbacks. The proposed garage would have a
front yard setback of 0 feet and a side yard setback of 0 feet adjacent to
Town conservation land.
The Planning Board drafted a report recommending against granting the variances
requested because of the encroachment on the conservation land and the diffi-
culty of construction of Burns Road if it is upgraded in the future. If any
variance is granted for setbacks, the Planning Board recommends that before
the garage is built, the street must be upgraded. Upon a motion by Mr. Sorensen,
seconded by Mr. Sandy, the report was unanimously approved.
211 Massachusetts Avenue, Mang Corporation: The Planning Board has no objection
to the granting of a Special Permit as reqested by the Mang Corporation for
continued operation of the existing Kentucky Fried Chicken establishment in
the same manner as in the past.
2 Rockville Avenue, John Shea: The Planning Board reviewed the Notice of
Appeal with reference to the denial of a building permit for Lot 2 at
Rockville Avenue. The Planning Board believes the Building Commissioner
had acted correctly and his decision should be sustained. Upon a motion by
Mr. Sandy, seconded by Mr. Sorensen, the report drafted by the Planning
Director was unanimously approved as amended.
258 Marrett Road, Robert Butts: The Planning Board reviewed the Notice of
Appeal with reference to the denial of a building permit for Lot 4, 258 Marrett
Road. The Planning Board recommends that the appeal bedenied and the decision
of the Building Commissioner be sustained. Upon a motion by Mr. Sorensen,
seconded by Mr. Sandy, the report drafted by the Planning Director was unani-
mously approved.
DETERMINATION OF SUBDIVISION APPROVAL
177 Bedford Street Knights of Columbus, Form A80-18: The Board reviewed a plan
showing the K. of C. property divided into two lots, one of which contains the
K. of C. building. Building Commissioner DiMatteo reported that the proposed
lots shown on the Form A plan comply with the Lexington Zoning By -Law and that
' a Certificate of Zoning Compliance was issued to the applicant, Mr. Moore. Upon
a motion by Mrs. Nichols, seconded by Mr. Sandy, the Board unanimously VOTED:
The plan entitled "Subdivision Plan of Land in Lexington, Mass.", dated
July 7, 1980, and revised July 28, 1980, by Miller & Nylander, submitted on
Pape 2
8.18.80
August 12, 1980, with Application Form A80-18, by Mark Moore, showing
' Lots 2-A and 2-B at Bedford Street, requires no approval under the
Subdivision Control Law.
The Board also unanimously voted to authorize the Planning Director to inform
the Knights of Columbus of a number of concerns of the Board as follows:
1. The Knights of Columbus use of the building at 177 Bedford Street is
governed by a Board of Appeals permit dated July 25, 1961. The permit
refers to the building as being situated on 2.22 acres of land with 100'
of frontage as well as other characteristics of the land, building, and
proposed use . The Planning Board is not empowered to rule on whether
the continuance of these characteristics is an implied condition of the
permit. Continuance of the use of the building as a club house subsequent
to the recording of this plan may constitute a zoning violation unless the
permit is amended by the Board of Appeals.
2. The Certificate of Zoning Compliance issued by the Building Commissioner
on August 13, 1980, deals with a proposed parking layout. Should this
plan be recorded prior to the construction of that parking or the issuance
of a variance by the Board of Appeals and the compliance with its conditions,
a zoning violation may result.
3. The Certificate of Zoning Compliance issued by the Building Commissioner
under Section 6 of Chapter 40A of the General Laws and SEction 3.1.5 of
' the Zoning By -Law does not comply with Section 3.1.5 of the Zoning By -Law
in that it was issued without the concurrence of the Planning Board. Its
validity is thus subject to question.
The meeting adjourned at 9:15 p.m.
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Laura F. Nichols, Clerk