HomeMy WebLinkAbout1980-11-10PLANNING BOARD MEETING
November 10, 1980
The discussion meeting of the Lexington Planning Board was called to order at
7:33 p.m. by the Chairman, Mrs. Wheaton, with members Friedman, Sorensen, Sandy,
Nichols, Planning Director Bowyer and Assistant Planner Steve Asen present.
DETERMINATION OF PLANNING BOARD APPROVAL
Greener and Whiter Land, North Emerson Road, Form A80-22: The Board reviewed a
plan of the so called Greener and Whiter Land on North Emerson Road. The Board
agreed that a notation should be made on the plan that Lot 36 B is not a buildable
lot. Upon a motion by Mrs. Nichols, seconded by Mr. Sandy, it was voted unani-
mously:
The plan entitled "Compiled Plan of Land in Lexington Mass.", dated October 14,
1980, prepared by Apex Associates, land surveyors of Newton Highlands, Mass.
certified by John J. Regan, registered land surveyor, with application form
A80-22, by William M. Glovsky, Trustee, acting for Greener Trust and Whiter
Trust, showing land on North Emerson Road, does not require approval under
the Subdivision Control Law.
The Planning Director is authorized to endorse the plan on behalf of the
Planning Board with the notation that Lot 36 B is not a buildable lot.
ACCEPTANCE OF STREETS AS TOWN WAYS
The Board discussed streets that it would recommend for acceptance at the 1981
Annual Town Meeting. On the motion of Mr. Sandy, seconded by Mr. Friedman, it
was voted unanimously to recommend to the Board of Selectmen that Apollo Circle,
a subdivision street, and Garfield Street and Sunny Knoll Avenue, both unaccepted
ways, be submitted to the 1981 Annual Town Meeting for acceptance as Town Ways.
The Board also agreed: 1) for the Planning Director to contact the developer of
Apollo Circle subdivision for him to initiate a request for the release of surety;
2) that information be prepared on the problems still outstanding on Bicentennial'
Drive, to be scheduled for the next discussion meeting on November 24; 3) Mr. Sandy
will review the situation on Scott Road and make recommendations to the Board.
FEES FOR PLANNING BOARD ACTION
The Board discussed briefly Mrs. Wheaton's memo of September 18 about fees for
Form A's and the Town Manager's memo of November 4 about a comprehensive review
of user fees and permits. The Planning Director was requested to prepare recommenda-
tions, with reasons for changes in the fee schedule, for the next,discussion meet-
ing on November 24.
IMPROVEMENTS, AMENDMENTS TO THE ZONING BY-LAW
The Board met with the Board of Appeals and Building Commission Peter DiMatteo.
Swimming Pools: Mrs. Morey, Chairman, Board of Appeals, indicated Special Permits
for swimming pools comprise about ten percent of their workload. It was agreed,
by both Boards that Section 5.7 should be revised so that a Special Permit is not
required and the Building Commissioner may issue a permit. Subsequently the Plann-
ing Board discussed whether a swimming pool should be permitted only on lots
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which have the minimum area required in the zoning district. Mr. Sorenson will
draft a revision of Section 5.7.
TRANSFERS OF PROPERTY: Increasingly, banks are requiring variances to legifmiae
houses which have minor violations. Mr. Bowyer said some of the "violations" were
pre-existing nonconforming structures which complied with the Zoning By -Law when
built; a certificate from the Building Commissioner should indicate their legitimagy.
However, most of the cases are structures that probably were in violation when
built. Both Boards agreed that a Special Permit should be created for 'structures
that were built six years ago or earlier. Mr. Sandy will draft appropriate language.
ADDITIONS TO LEGALLY NONCONFORMING STRUCTURES: Two issues were discussed. One is
the requirement of Section 6i3 (second sentence) that requires a variance for .
any enlargement of any building other than a one or two family dwelling regardless
of whether there is a violation or not. The second was whether a proposed addi-
tion to a presently nonconforming structure should be permitted to have the same
degree of nonconformity or should comply with the prescribed setback requirement.
No consensus was reached on these two issues. The Board of Appeals will prepare
sketches illustrating the types of problems encountered.
HOME OCCUPATION: Mrs. Morey suggested the definition of home occupation be shortened
and that references to specific skills or services be deleted. The Planning Board
thought her suggestion was similar to one which the Planning Board had submitted
to the Town Meeting several years ago. It was agreed to furnish copies of the
motion on an amendment for home occupations made at the Town Meeting to the Board
of Appeals and the Building Commissioner.
ZONING BY-LAW CORRECTION LIST: It was agreed to invite Mr. DiMatteo back to a
I
discussion meeting on November 24 to discuss his "Zoning By -Law Correction List"
when the Board will have had more time to review it.
CLUSTER SUBDIVISION: Mr. Bowyer observed that one way to reduce the workload of
the Board of Appeals and to reduce redundant hearings for developers would be to
have the Planning Board act as the special permit granting authority for cluster
subdivisions rather than the Board of Appeals. The Planning Board now grants special
permits for conventional subdivisions and must hold a public hearing on the definitive
plan for a cluster subdivision as well. There was no agreement among the members
of the Board of Appeals on this suggestion. One member favored it while two others
felt it important to have several boards involved to maintain checks and balances.
The meeting was adjourned at 9:40 p.m.
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Laura F. Nichols, Clerk