HomeMy WebLinkAbout1984-07-23EXECUTIVE SESSION
PLANNING BOARD MINUTES
MEETING OF JULY 23, 1984
After a unanimous vote of the five members present, by poll of the Board, the
Lexington Planning Board met in Executive Session in Room G-15, Town Offices, at
9:42 p.m., to discuss strategy with respect to potential litigation which, if
discussed in open session, may have a detrimental effect on the position of the
Town. Present were Chairman Smith and members Cripps, Flemings, Sorensen,
Uhrig, Planning Director Bowyer and Town Counsel Norman Cohen.
Mr. Cohen explained that there had been a meeting on July 11 on 4-6 Sherburne
Road attended by the Building Commissioner, Planning Director, the Town Counsel
and attorneys for the Herseys and Fine Homes Realty. An application for a full
building permit had been received. Previously the Building Commissioner had
only issued a foundation permit because the plans for the house were incomplete
relative to the building code. There were some procedural issues with the
request for enforcement -appeal which the Planning Board filed in May -June. Mr.
Cohen suggested that the Planning Board drop the earlier appeal and submit a new
appeal on the issuance of a new full building permit.
Mr. Sorensen questioned how there could be any procedural issues with the
May -June appeal since the Planning Board had been advised by Stephen Anderson,
of Palmer and Dodge, on the procedure to follow. He also questioned how the
Town Counsel could sanction the issuance of a full building permit now because
the issues which had existed when Mr. Anderson advised the Building Commissioner
' to issue a stop work order had not yet been decided by the Board of Appeals.
The Board decided not to drop its earlier appeal.
Mr. Cohen suggested that the Planning Board appeal the issuance of the full
building permit and ask that the two appeals be joined into one and heard
within the 65 day period running from the filing of the first appeal.
There was extended discussion of the facts of the case and of the memorandum
"Proposed Guidelines for Lot Combination" dated April 4, 1983, prepared by
Stephen Anderson. Cohen said the April 4, 1983 memo had never been adopted by
the Planning Board. Mrs. Smith responded she was not aware that memorandum had
to be formally voted.
There was also discussion of a case on Ward Street involving combination of
sub -standard lots and whether the Planning Board would request that an appeal
be taken to the court if the Board of Appeals overturned the determination made
by the Building Commissioner.
It was agreed:
1) The Planning Board will appeal to the Board of Appeals the issuance of a
full building permit on Sherburne Road and will request that the two
appeals be joined into one hearing;
2) The Planning Board will defer a decision on an appeal to the courts
until the Board of Appeals actions on the Ward Street case and the
Sherburne Road case are known;
Planning Board Minutes
Executive Session: July 23, 1984
3) The Planning Board will work with the Board of Selectmen on procedural
reforms to avoid further appeals or litigation on cases arising from
the combination of sub -standard lots.
The Executive Session was adjourned at 10:58 p.m. and the Board returned to open
session.
udrth J. Uhri , Clerk
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