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HomeMy WebLinkAbout1984-10-01PLANNING BOARD MINUTES EXECUTIVE SESSION OF OCTOBER 1, 1984 After a unanimous vote of the four members present at the business meeting, by poll of the Board, the Lexington Planning Board met in Executive Session in Room G-15, Town Offices: 1) to consider the purchase, exchange or lease of real pro- perty, discussion of which in open session may have a detrimental effect on the negotiating position of the Town, and 2) to discuss strategy with respect to litigation, which if discussed in open session may have a detrimental effect on the litigating position of the Town. Present were Chairman Smith and members Flemings, Sorensen, Uhrig and Planning Director Bowyer. Mr. Cripps joined the Executive Session in progress. PURCHASE OF PINE MEADOWS GOLF COURSE: Mrs. Smith reported that a number of alternatives were being considered. They included sale or lease of part of the property not in the golf course, part of the golf course, part of the Town's school site, and combinations thereof for the development of housing. The pro- ceeds from the sale of the lots would defray the cost of purchasing the golf course. The consensus of the members of the Pine Meadows Committee was to put in front of the Town Meeting the proposal for buying the golf course without "muddy- ing the waters" with other public objectives such as connecting Cedar Street through to Garfield Street, providing affordable housing, selling a whole parcel of land or individual lots and the like. The Planning Board agreed the proposal ' should be presented in a simple manner; too many alternatives would lead to confusion and hurt the prospects of the necessary two-thirds vote. It was also agreed that the Planning Board, at this time, should refrain from commenting on the financing of the proposal. The Board of Selectmen should pursue the method and cost of acquisition with the Appropriations Committee and the Capital Expenditures Committee. If those discussions have effects on land use or site development, it would be appropriate for the Planning Board to com- ment at a subsequent meeting. 4-5 Sherburne Road: Mrs. Smith reported on a meeting held Thursday, September 27, attended by Mrs. Battin and Mr. Eddison of the Board of Selectmen, Town Manager Hutchinson, Building Commissioner DiMatteo, Board of Appeals Chairman Taylor, Mr. Sorensen, Planning Director Bowyer and herself. There was agreement among all present that there needed to be guidelines for lot combinations with which everyone could agree. Taylor said it would be inappropriate for the Board of Appeals to actually adopt the guidelines, as it a quasi-judicial board, but the Board of Appeals could comment on then and perhaps agree in principle. Other steps to avoid a repetition of the Sherburne Road situation would be to: 1) review the administrative process involving the Building Commissioner and the Town Counsel, and 2) consider an amendment to the Zoning By -Law, to place the matter as a policy issue, before the Town Meeting. Mrs. Smith suggested that with the deep involvement of the Town Counsel as a party to a number of the decisions made in this case, it would be worthwhile to obtain outside counsel to review the situation. As a neutral party, outside counsel could comment on: 1) how the case may be viewed by the court if an appeal were taken, and 2) whether the guidelines appear workable and are consis- tent with the court cases. It was agreed that the Planning Board would request the Board of Selectmen to obtain outside counsel for that purpose. Planning Board Minutes: 2 Executive Session, October 1, 1984 The Executive Session was recessed at 8:16 p.m. to meet with the Board of Select- men. At 8:32 p.m., the Planning Boad reconvened in Executive Session with the Board of Selectmen in the Selectmen's meeting room. Chairman Battin of the Board of Selectmen stated the issue of combining lots was an important one and reported on the meeting held Thursday, September 27. Speaking for the Planning Board, Chairman Smith said the Town should have a consistent position on combining lots. The Board of Appeals had rendered a decision on Ward Street consistent with the April, 1983, guidelines and several weeks later rendered a decision on Sherburne Road that was inconsistent with those guidelines. She suggested legal assistance was needed to review the guide- lines for their workability and consistency with Massachusetts case law. On Sherburne road, she said the Planning Board does not have a position now on whether to proceed with litigation because the decision of the Board of Appeals has not been filed with the Town Clerk yet. Mr. Sorensen distributed copies of a memorandum on Sherburne Road which he had prepared and outlined the major points contained in it. Selectmen Marshall said that he would be in favor of retaining counsel to assist the Planning Board in evaluating this case and the guidelines for lot combina- tion. He has reservations about an appeal to the courts as he thought intramural matters should be settled within the Town government without resorting to the courts. The Board of Selectmen voted to authorize the Planning Board to retain counsel for the purposes outlined by Mrs. Smith. At 9:28 p.m., the Planning Board left the Executive Session with the Board of Selectmen in the Selectmen's meeting room and reconvened, still in Executive Session, in Room G-15, at 9:28 p.m. The Board discussed the names of several attorneys who would be contacted to assist. It was agreed the Planning Director would contact the attorneys to see who was available to do the work in a short time and to then proceed with all deliberate speed to have the work done. The Executive Session was adjourned at 9:48 p.m. and the Board returned to open session. `'Judith J. uht g, Clerk