HomeMy WebLinkAbout1984-05-21PLANNING BOARD MINUTES
MEETING OF MAY 21, 1984
The meeting of the Lexington Planning Board, held in Room G-15, Town Offices, was
called to order at 7:04 p.m. by the Chairman, Mrs. Smith, with members Cripps,
Flemings, Uhrig and Planning Director Bowyer present. Mr. Sorensen was absent for
the first part of the meeting.
PLANS NOT REQUIRING SUBDIVISION APPROVAL
124. 124-128 Spring Street, Beal Company, Form A-84/11: The Board reviewed a plan
dated May 15, 1984 of the Ledgemont property at 124-128 Spring Street which showed
a Parcel A with 11.252 acres and containing the existing Ledgemont Research build-
ings and a Parcel B with 24.97 acres. In response to the Board's question why the
plan was revised again, land surveyor Donald Forand said the change resulted from a
discussion among the partners, Beal Company and Bank of Boston. He understood that
the addition of about 53,000 square feet to Lot A was intended to permit compliance
with the new floor area ratio requirement for the CR district for Lot A. On the
motion of Mrs. Uhrig, seconded by Mrs. Flemings, it was voted 4-0:
The plan entitled "Subdivision Plan of Land in Lexington, Mass." dated May 15,
1984, by Miller and Nylander Company, certified by Donald J. Forand, Registered
Land Surveyor, with application Form A-84/11, by Irwin Barkan for Beal and
Company Inc., does not require approval under the Subdivision Control Law.
The Board agreed that the Board of Appeals should be notified that this plan
changes the lot area and lot lines for Parcel B which was the subject of a special
' permit with site plan review approved in June, 1983. There is some question as to
whether a building could be constructed in accordance with that SPS as the adoption
of the CR floor area ratio amendment may require a new application for an SPS.
125. 209-215 Grove Street, Raymond Carchia, Form A-84/12: The Board reviewed a
plan showing separation of land at Grove Street into two parcels: A, with 30,159
feet on which is located the dwelling at 209 Grove Street, and B, with 13.50 acres.
On the motion of Mrs. Flemings, seconded by Mr. Cripps, it was voted 4-0:
That the plan entitled "Compiled Plan, Land in Lexington, Mass." dated May 7,
1984, certified by Richard L. McGlinchey, Registered Land Surveyor, with
application Form A-84/12, by A. Raymond Carchia, does not require approval
under the Subdivision Control Law.
126. EXECUTIVE SESSION
On a motion by Mrs. Smith, seconded by Mrs. Flemings, it was voted 4-0, by poll of
the Board, to go into Executive Session to discuss strategy with respect to liti-
gation which, if discussed in an open session, may have a detrimental effect on the
litigating position of the Town. At 7:18 p.m., the Board went into Executive
Session.
Following the Executive Session, the Board returned to Open Session at 7:57 p.m.
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Planning Board Minutes: May 21, 1984
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SUBDIVISION OF LAND
127. Xerox -Ginn Property, 191 Spring Street, Preliminary Subdivision Plan: The
Board reviewed a draft of a decision disapproving the preliminary subdivision plan.
Changes in the draft were made.
On the motion of Mrs. Uhrig, seconded by Mr. Cripps, it was voted 4-0 to disapprove
the preliminary subdivision plan, dated March 21, 1984, submitted by the Xerox
Corp/Ginn and Company and to approve a letter, as amended, stating the reasons for
the disapproval.
The meeting was recessed at 8:03 p.m. so that the members could attend the Town
Meeting. It was agreed the Board would reconvene, if the Town Meeting did not run
too long, to act on the Board of Appeals cases.
The meeting was reconvened at 11:12 p.m. in Cary Memorial Hall. Mr. Sorensen was
present.
128. APPLICATIONS TO THE BOARD OF APPEALS
The Board reviewed cases to be heard by the Board of Appeals on May 24, 1984. It
was agreed to make no recommendation on the following cases:
537 Lowell Street, Hugh Leichtman: Temporary SP, Use of accessory structure as
a dwelling
307 Wood Street, James Cosgrove: SP, roadside stand
33 Center Street, Kenneth Mills: SP, swimming pool
195 Woburn Street, Elaine Paul: SP, non -complying shed
12 Glen Road, Fleming Fox: Variance, side yard
34 Cary Avenue, Thomas Bartee: Variance, rear yard setback
53 Simonds Road, Malcolm Blier: Variance, side yard setback
65 Cliffe Avenue, Mary Brennan: Variance, side yard setbacks: It was agreed to
recommend against the granting of a variance for the construction of a new dwelling
on this small lot which has only 2,950 square feet of land.
The meeting was adjourned at 11:16 p.m.
Judith J. Uhi-i , Clerk /
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EXECUTIVE SESSION
PLANNING BOARD MINUTES
MEETING OF MAY 21, 1984
After a unanimous vote of the four members present, by poll of the Board, the
Lexington Planning Board met in Executive Session in Room G-15, Town Offices, at
7:19 p.m., to discuss strategy with respect to potential litigation which, if dis-
cussed in open session, may have a detrimental effect on the litigating position of
the Town. Present were Chairman Smith and members Cripps, Flemings, and Uhrig,
Planning Director Bowyer and special counsel Martin Healy of Rackeman, Sawyer and
Brewster.
Mr. Healy reported that his review shows the preliminary subdivision plan submitted
by Xerox Corp/Ginn and Company appears to have been prepared carefully to qualify
for an eight year freeze of the Zoning By -Law and to postpone the effect of the
newly -adopted floor area limitation in the CR district. Healy indicated there
might be one or two procedural errors which he is still investigating. He said
that due to the shape of the land, the narrow frontage and the continuation of the
land into the City of Waltham, there are inherent problems in developing a defini-
tive site plan which the Planning Board would have to approve and, hence, exempt
the property from the new zoning regulations.
Healy explained that a preliminary subdivision plan is an opportunity for the
exchange of information and for the Planning Board to comment on a proposed sub-
division plan. It is not controlling and is not subject to judicial review because
' it is not a required part of the subdivision process. Action on the definitive
subdivision plan determines whether there is a subdivision and whether the eight
year freeze from zoning changes will be in effect. The Board's action on the def-
initive plan is subject to judicial review and it can be assumed the applicant will
appeal to the courts if the Planning Board disapproves the definitive plan. At
this stage, the Planning Board should make a good faith review of the definitive
plan and point out areas of potential problems with the definitive plan. A judge
reviewing the Board's action on the definitive plan may consider what type of
guidance the Board provided on the preliminary plan.
The Board reviewed a draft of a decision on the preliminary subdivision plan.
Several changes should be made and it was agreed to request that the applicant
submit a detailed traffic report based on the maximum development potential
anticipated for the property.
The Executive Session was adjourned at 7:57 p.m. and the Board reconvened in Open
Session.
Judith J. Uhrf, Clerk �`