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HomeMy WebLinkAbout1983-10-17PLANNING BOARD MINUTES MEETING OF OCTOBER 17, 1983 243 The meeting of the Lexington Planning Board, held in Room G-15, Town Offices, was called to order at 7:40 p.m. by the Vice Chairman Mrs. Nichols, with members Sorensen and Uhrig, and Planning Director Bowyer present. Mrs. Smith was absent; Mrs. Flemings joined the meeting in progress. 196. APPROVAL OF MINUTES On the motion of Mr. Sorensen, seconded by Mrs. Uhrig, the minutes of the meeting of October 11, 1983 were approved as written by a vote of 3-0. Mrs. Flemings joined the meeting at this point. LJ PLANS NOT REQUIRING SUBDIVISION APPROVAL N ® 196. 28-30 Ingleside Road, Kahn & Quinn, Form A-83/11: James McDowell of T & M Engineering, and attorney Sidney Gorovitz were present to respond to the reasons the Planning Board did not approve this plan on October 3, 1983. They explained m that Lots 7 and 8 already met the frontage and area requirements and that the pro- posal is to transfer the land -locked Lot 14 to increase the size of Lots 7 and 8. The 37,018 square feet in Lot 14 is a negligible reduction from old Lot 3, which has about 55 acres. Mr. Sorensen noted that Lot 15 does not have sufficient front- age. Attorney Gorovitz stated that the ways that are shown on the plan are meant to comply with land court requirements and are not to be considered as ways for the purposes of the Zoning Map of the Town. On the motion of Mrs. Uhrig, seconded by Mrs. Flemings, it was voted 3-1, with Mr. Sorensen in opposition, that: ' The plan entitled "Plan of Land in Lexington, Mass. Being a Subdivision of Lot 3 as Shown on Land Court Plan 19319B" dated September 29, 1983 by T & M Engineering Associates, Salem, Mass., certified by Erland Townsend, Jr., Registered Land Surveyor, with application Form A-83/11, by James McDowell, does not require approval under the Subdivision Control Law. The plan con- tains a note "Lot 15 does not comply with current zoning requirements for lot frontage and does not qualify as a buildable lot." 197. Ingleside Subdivision, Release of Lot 17A: Attorney Donald Sleeper of Burl- ington requested the Planning Board execute a duplicate copy of the Release of Lots document for Lot 17A, the original copy having been lost by the developer. On the motion of Mr. Sorensen, seconded by Mrs. Flemings, it was voted unanimously to sign the Release of Lots document for Lot 17A of the Ingleside Subdivision. 198. APPLICATIONS TO BOARD OF APPEALS Mrs. Nichols presented an oral review of cases to be heard by the Board of Appeals on November 3, 1983. 33 Barberry Road, Frances Gray: Variance, front yard: It was agreed to recommend against the granting of this variance because there was no evidence of hardship, the proposed carport could be built within the setback lines and because there was nothing unusual in the topography of the site that justified a variance. 364 Waltham Street, R. Fitzsimmons: Variance, front yard: On the motion of Mr. Sorensen, seconded by Mrs. Flemings, it was voted unanimously to recommend against the variance sought for the legitimization of a deck already constructed. The Planning Board Minutes of October 17, 1983 2 31'7 Board is particularly opposed to variances being granted after enforcement action is taken by the Building Commissioner. Such hardship as may exist is self-imposed. 9 Ward Street, Shirley Borella: Variance, side yard: On the motion of Mr. Sorensen, seconded by Mrs. Uhrig, it was voted unanimously to recommend that the variance requested be denied because the lot line from which the setback variance is sought does not exist. The Building Commissioner has determined that the "lot" for which, a building permit had been requested, does not exist and is part of a larger lot. The Board agreed to concur with the Building Commissioner's determination, as rein- forced by Town Counsel. 1265 Massachusetts Avenue, Seasons Four, Inc.: Special Permit, operating hours_: On LO the motion of Mr. Sorensen, seconded by Mrs. Uhrig, it was voted unanimously to N recommend in favor of granting the special permit subject to the same conditions as O were imposed in the most recent special permit. a199. BOARD OF HEALTH RE: GENETIC RESEARCH Q James Lambie, Doctor Linda Roemer, and Doctor Michael Erdos of the Board of Health, Health Director George Smith, and Eric Clark, of the Board of Appeals, were present to discuss permitting genetic research, specifically recombinant DNA, in the Town. Mr. Lambie noted that the Zoning By -Law permits biological research subject to a special permit from the Board of Appeals. While the Board of Health could draft regulations dealing with RDNA research to serve as a guideline for the Board of Appeals, he thought there was a more fundamental issue of whether that type of research should be allowed in Town. He sought the advice of the Planning Board because of its responsibilities for land use planning. Dr. Roemer said that there was precedent for guidelines on RDNA research because several other communities in Massachusetts already have regulations and the State health officials have prepared a model ordinance for Massachusetts. She noted the regulations deal primarily with handling, storage and containment of research pro- ducts and there is, a high premium on reliable monitoring of research operations. Dr. Erdos commented that RDNA research is in the infant stage and the technology can change rapidly; regulations must be adjusted accordingly. Mr. Sorensen noted that a common problem with hazardous materials is the break down of accepted pro- cedures. He noted that the chemicals affecting the water supplies in Woburn and Bedford, if handled according to established guidelines, would not have created the problems that now exist. It was agreed that it would be better to anticipate the Town's position rather than being forced to draft regulations in response to a petition by a specific company. If there are to be regulations, they should apply to various types of genetic re- search and not just to one company. Members of the Board of Health thought the decision, on whether to allow genetic research or not, should be a broad-based community decision involving at leapt the Planning Board and the Board of Selectmen. It was suggested that the issue be put before the Town Meeting which is the largest elected body in Town. It was further suggested that a resolution, dealing with the issue of genetic research, be placed on the warrant for the next Town Meeting and resource groups be convened promptly to obtain information and prepare position papers so that the Town Meeting can make an informed decision. All present agreed that was a desirable approach. Planning Board Minutes of October 17, 1983 3 229 PLANNING BOARD MEMBERS' DEVELOPMENT 200. Citizen's Guide to Zoning: The Board discussed Chapters 9-10 of this book. REPORTS 201. Planning Director a. Willow Ridge Appeal: Mr. Bowyer reported that the Willow Ridge Land Development Company had filed an appeal with the courts of the Planning Board's disapproval of the definitive subdivision plan and special permit. He reported that no substantive reasons were given for the appeal. The LO Board's action is well-documented and should be easily defended. N ® 202. Planning Board Members, Subcommittees Q a. Board of Appeals Hearings: Mrs. Nichols reported that the Board of M Appeals had denied the request for the sign facing Route 2, denied the Q request for a trailer at 4 Hartwell Place, and gave Honeywell three months to remove its trailers from 2-3 Forbes Road. b. Minuteman Voc. Tech. Advisory Committee: Mrs. Uhrig reported she had received a notice of an afternoon meeting the day before the meeting. She was unable to attend and will complain about the inadequate notice. The meeting was adjourned at 9:58 p.m. 1 � udith J. Uhri Jerk 1