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HomeMy WebLinkAbout1986-04-09PLANNING BOARD MINUTES OF APRIL 9, 1986 The meeting of the Lexington Planning Board, held in Estabrook Ball of Cary Memorial Hall, was called to order at 7:07 p.m. by the Chairman Mrs. Uhrig, with members Cripps, Klauminzer, Sorensen, Wood, Planning Director Bowyer and Assist- ant Planner Rawski present. ************ ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ****************** PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 102. 266-68 Bedford Street, Gary Johnson, Form A/86-8: The Board reviewed a plan showing the proposed transfer of a sliver of land from a lot owned by Edith Cheever to the Johnson lot. Neither lot has the frontage required in the RS zoning district. A variance was granted by the Board of Appeals in October 1967, but was never recorded. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unanimously: to not endorse the plan entitled "Plan of Land in Lexington, Mass" dated February 26, 1973, by Miller and Nylander, Lexington, Mass., certified by Wilbur C. Nylander, registered land surveyor, because the frontage of the Cheever lot, from which the land is proposed to be conveyed, is not shown on the plan. ' The right to reduce the lot, which was authorized by the October 3, 1967 variance may have lapsed as the variance was not recorded until December 23, 1985. In the intervening time a new zoning act was adopted in 1975 which required that varian- ces be recorded within one year of their granting. 103. Zoning Administration, 10 Muzzey Street: The Board discussed further the construction of an addition at 10 Muzzey Street which would appear to violate the off-street parking requirements of Section 11 of the Zoning By -Law (see item 97a, minutes of March 31, 1986). Mr. Sorensen suggested the Board file an appeal with the Board of Appeals in this matter. Mr. Bowyer reported there had been a lot of activity on this zoning interpretation in the last two days and the Board of Selectmen were meeting with the Town Manager and the Town Council on it tonight. Mrs. Uhrig thought it might be better for the Planning Board to wait until it knows what action the Board of Selectmen will take. Mr. Sorensen pointed out the Planning Board can act independently of the Board of Selectmen and the Town administration which might have to think about the liabil- ity of having originally issued the permit. If the Planning Board acted and caused the work to be stopped, that might reduce the Town's liability. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unanimously to file with the Building Commissioner a report of a violation of the Zoning By -Law at 10 Muzzey Street, i.e. the construction of an addition to a building without the provision of off-street parking, to request the Building Commissioner to issue a stop work order, and if the Building Commissioner decides that there is not a violation, to appeal that decision to the Board of Appeals. Minutes of April 9, 1986 Page 2 ********************** ARTICLES FOR 1986 TOWN MEETING ************************ 104. Information Meeting for Town Meeting Members: The Board held an informa- tion meeting for Town Meeting Members to answer questions and explain further the Planning Board's proposed amendments, and to learn of and discuss any proposed amendments which Town Meeting Members might be considering. William Welch, Precinct 2, said a number of residents had the impression that Article 43 was designed to prevent further expansion of one -family and two-family houses. East Lexington has a number of small lots where this section could be applicable, and a number of people in that area were concerned. Mr. Sorensen responded that the proposed article actually makes expansion easier because: 1) it no longer requires a special permit from the Board of Appeals when the expan- sion conforms to the yard setback requirements and 2) it permits vertical ex- pansion of existing structures through a special permit rather than a variance which is more difficult to justify. Mr. Welch responded that he was pleased to hear that but the article needed a better explanation and perhaps some visual material. Eric Clarke, Precinct 2, pointed out an editing conflict in Article 40 in the section dealing with use variances. He noted that the words "or to an existing building thereon", which are in the current By -Law, were omitted in one of the two examples given in the planning board report. ' Robert Domnitz, Precinct 6, said he disagreed with the provision in Section 7.5.5 of Article 45, Building Height, which would exempt a parking level from being counted as a story. He believed that was contrary to reducing the height of buildings, which should be the Town's objective. He raised several questions of interpretation such as how the regulation would be interpreted if a story includ- ed both a parking level and occupied floor space. Jacqueline Davison disagreed with the provision in Article 46 that would allow the installation of satellite dish receiving antennas upon issuance of a building permit and without a hearing. She advocated a special permit to be granted by the Board of Appeals so that there would be a public hearing, an opportunity for neighbors to express themselves, and for a right of appeal. The meeting was adjourned at 7:57 p.m. Martha Wood Clerk