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HomeMy WebLinkAbout1982-06-07I�] 287 PLANNING BOARD MINUTES MEETING OF JUNE 7, 1982 The meeting of the Lexington Planning Board, held in Room G-15, Town Offices, was called to order at 7:37 p.m. by the Chairman Mr. Sandy, with members Nichols, Smith, Sorensen and Uhrig, and Planning Director Bowyer present. 84. APPROVAL OF MINUTES On the motion of Mrs. Uhrig, seconded by Mrs. Nichols, the minutes of the meeting of May 20, 1982, were approved unanimously as written. On the motion of Mrs. Nichols, seconded by Mrs. Smith, the minutes of the Execu- tive Session of May 20, 1982, were approved unanimously as written. On the motion of Mrs. Nichols, seconded by Mr. Sorensen, the minutes of the meet- ing of May 24, 1982, were approved by a vote of 4-0. Mrs. Smith abstained because' she did not attend that meeting. 85. APPLICATIONS TO BOARD OF APPEALS The Board reviewed a staff analysis dated June 7, 1982, on cases to be heard by the Board of Appeals on June 10, 1982. 450 Bedford Street, Mico Realty: SP, sign: It was agreed unanimously to mss,_ oppose_a permit for_two free standing illuminated signs and to recommend that a one-year, temporary special permit for one sign be approved with the condi- tion that a document be filed removing both the Town and the State from any claim of damages for the relocation of the sign because of the widening of Bedford Street. 186 Bedford Street, Mystic Valley Mental Health: SP, operating hours: The Board agreed that there should be a permanent zoning solution for the Mystic Valley Mental Health Center which should either relocate to a zoning district which permits an office -clinic or bring a rezoning petition for an office use of this property before the Town Meeting to legitimize the present location. Mr. Sorensen moved, seconded by Mrs. Nichols, that a special permit be granted with exactly the same conditions as at present and that there be no extension of operating hours. Mrs. Smith, seconded by Mrs. Nichols, offered an amendment to recommend in favor of approving the Saturday hours requested if a suitable poll of the residents of the neighborhood indicated Saturday hours were acceptable. Mrs. Smith's amendment was adopted 4-1, with Mr. Sorensen opposed. The amended motion, i.e., to recommend a search for a permanent solution, no change in operating hours except on Saturday if the neighborhood is not opposed, was then approved by a vote of 5-0. The Board agreed to make no recommendations on: 12 Larchmont Lane, Kenneth Gould: SP, continued use of a non -complying building. 80 Reed Street, Donald Martini Variance, side yard Minutes of June 7, 1982 2 285 EXECUTIVE SESSION On a motion by Mrs. Smith, seconded by Mrs. Nichols, it was voted 4-1, by poll of the Board,, with Mr. Sorensen opposed, to go into. Executive Session to discuss a matter involving current litigation against the Town. Mr. Sorensen questioned whether it was proper to have an Executive Session on thismatter and whether it should not be discussed in open session. The Board agreed to conduct the: discus- sion in Executive Session, to give the minutes of the Executive Session to Town Counsel for his review, and to then release the minutes of the Executive Session. At 8:10 p.m. the Board went into Executive Session. LO Following the Executive Session, the Board returned to open session at 8:53 p.m. ® 86. ARTICLES FOR 1982 TOWN MEETING Q m Article 53, Muzzey Junior High School: The Board reviewed a preliminary draft of Q Sections 1, 2 and 4 of the report on the rezoning and suggested several changes. A complete draft will be prepared by Wednesday, June 9, to be discussed at a meet- ing on Thursday, June 10. In related matters, it was agreed that the Board does not favor razing the build- ing until all possibilities for its use for housing have been pursued. The Board agreed to support Margaret Rawls' suggested substitute motion under Article 52. The Board agreed that the point needed to be made that there should =have been a better planning process for this building, setting forth guidelines for desired development.,in_advance, _and_the need for that type of process continues., The meeting was adjourned at 10:31 p.m. Karsten Sorensen, Clerk 247 PLANNING BOARD MINUTES EXECUTIVE SESSIONr JUNE 7, 1982 After a 4-1 vote, by poll of the Board, with Mr. Sorensen opposed, the Lexington Planning Board met in Executive Session in Room G-15, Town Offices, at 8:10 p.m. h with Chairman Sandy and members Nichols, Smith, Sorensen, and Uhrig, and Planning Director Bowyer present for discussion of a litigation against the Town resulting from the denial of a building permit, and the subsequent denial by the Board of Appeals of an appeal from the denial of the building permit, relative to a lot on Rockville Avenue. Attorney Charles Kaddison, representing the property owner, was present. Mr. Bowyer reviewed the background of the case; Mrs. Uhrig had not previously had any dealings with it. The property owners have proposed to construct a roadway Q which complies with Planning Boad policies for the construction of unaccepted streets. If this proposal is approved, the litigation against the Town will be m dropped. Mr. Bowyer stated there were two distinct issues involved: 1) the engineering standards for the proposed construction and 2) documentation that the street has been in continuous existence and passable since 1948. With respect to the construc- tion standards, a plan has been prepared by Roger Corbin and the preliminary judge- ment of the Engineering Department and the DPW is that. it is satisfactory. With respect to the documentation of the existence of the street, he has stressed to Mr. Kaddison that theremustbe convincing evidence because the Planning Board would have to reverse a, -decision -made in 1978, at which time it voted to remove that see - tion of RockvilleAvenuefrom the Zoning Map and to treat it as a "paper street." The only evidence submitted by Mr. Kaddison to date was an affidavit signed by Thomas Costello. Mr. Sandy commented that the Costello affidavit just says that the road was used; it doesn't say that it was used for motor vehicles. He said that thereshouldbe evi- dence as to when the road ceased to be accessible and why. It was noted that the affidavit was signed -by Thomas F. Costello who was born in 1941. He would have been seven years old in 194a when he allegedly made observations about the use of Rock- ville Avenue as a road. Mr. Kaddison indicated that he had drafted the affidavit and Mr. Costello signed it. Mrs. Nichols commented that the documentation to date seemed vague. She suggested that aerial photos, from the Town's collection, be obtained and presented to the Board. Mr. Kaddison argued that the presence of other homes indicates the road was in use. He said the character of the road had changed after the sewer construction; the gra- vel has been removed and the area loamed and seeded. He said he would try to get the information the Board wants. Mr.. Kaddison also raised the question as to whether the lot would qualify under the "any frontage" provision of the Zoning By -Law. Mr. Sandy requested that the staff research that questions and, if necessary, obtain an opinion from Town Counsel. The Executive Session was adjourned at 8:53 p.m. and the Board reconvened- in open session. Karsten Sorensen, clerk