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HomeMy WebLinkAbout1987-05-11PLANNING BOARD MINUTES MEETING OF MAY 11, 1987 The meeting of the Lexington Planning Board held in Room G-15, Town Office Build- ing, was called to order at 7:05 p.m. by the Chairman, Mrs. Uhrig, with members Sorensen, Wood, Williams, Planning Director Bowyer and Assistant Planner Rawski present. Mrs. Klauminzer arrived before item 143. ****************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW Ms. Rawski reported that four plans had been filed by Kem Realty and Arlex Oil in an apparent attempt to freeze the use as allowed by 1986 zoning in the face of amendments proposed by Article 43, and that no lot lines have changed. Mr. Bowyer reported that he had discussed with Town Counsel whether a plan which is a confirmation of existing lot lines and does not "subdivide" anything by changing lot lines qualifies for the three year freeze on use changes set up by Section 6 of Chapter 40A. That is a complicated question that requires more research. Town Counsel suggested that since Section 81P of the Subdivision Control Law says that endorsement shall not be unreasonably withheld, the Board should endorse the plans and that the issue of the use exemption be addressed if, and when, a use exemption is claimed. 140. Form A/87-10, Mass Ave. and Fottler Ave., Kem Realty Trust: On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unanimously: to endorse the plan entitled "Plan of Land in Lexington, Mass. (Middlesex County)", dated April 17, 1987, by BSC -Bedford, certified by John A. Hammer, III, Professional Land Surveyor, by Kem Realty Trust with Form A/87-10, as it does not require approval under the Subdivision Control Law. 141. Form A/87-11, Bedford Street, Kem Realty Trust: On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unanimously: to endorse the plan entitled "Plan of Land in Lexington, Mass. (Middlesex County)", dated April 21, 19870 by BSC -Bedford, certified by John A. Hammer, III, Professional Land Surveyor, by Kem Realty Trust with Form A/87-11, as it does not require approval under the Subdivision Control Law. 142. Form A/87-12, Massachusetts Ave. Arlex Oil Corporation: On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unanimously: to endorse the plan entitled "Plan of Land in Lexington, Mass. (Middlesex County)" dated April 24, 1987, by BSC -Bedford, certified by John A. Hammer, III, Professional Land Surveyor, by Arlex Oil Corporation with Form A/87-12, as it does not require approval under the Subdivision Control Law, with the addition of the following note above the signature of the land surveyor: "I hereby certify to the best of my professional knowledge, information, and belief that: 1) This plan has been prepared in conformity with the rules and regulations of the Registers of Deeds of the Commonwealth of Massachusetts. 2) This plan shows the property lines that are the lines of existing owner- ships, and the lines of streets and ways shown are those of public or pri- vate streets or ways already established, and that no new line for division of existing ownership or for new ways are shown." Minutes for May 11, 1987 Page 2 143. Form A/87-13, Mass., Ave. and Independence Ave., Arlex Oil Corp.: On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unanimously: to endorse the -plan entitled "Plan of Land in Lexington, Mass., (Middlesex County)" dated April 24, 1987, by BSC -Bedford, certified by John A. Hammer, III, Professional Land Surveyor, by Arlex Oil Corporation with Form A/87-13, as it does not require approval under the Subdivision Control Law, with the addition of the following note above the signature of the land surveyor: "I hereby certify to the best of my professional knowledge, information, and belief that: 1) This plan has been prepared in conformity with the rules and regulations of the Registers of Deeds of the Commonwealth of Massachusetts. 2) This plan shows the property lines that are the lines of existing owner- ships, and the lines of streets and ways shown are those of public or pri- vate streets or ways already established, and that no new line for division of existing ownership or for new ways are shown." 144. Form A/87-15, Solomon Pierce Road, Kahn -Quinn: Ms. Rawski explained this was the third change to lot lines using this drawing. The reason given for the changes was to correct filing problems with the Land Court. The Board agreed that this should be the last time this drawing is used, and that if any further changes are required, a new plan should be prepared. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unanimously: ' to endorse the plan entitled "Plan of Land in Lexington, Mass., Being a Subdivision of Lot 17 as Shown on Land Court Plan 19319", dated November 10, 1986, by T & M Engineering Assoc., Inc., certified by Erland S. Townsend, Professional Land Surveyor, by Paul Quinn with Form A/87-15, as it does not require approval under the Subdivision Control Law. SUBDIVISION OF LAND 145. Busa Farm, Lillian Road: Ms. Rawski reported a letter had been received from the developer requesting an extension of time for Planning Board action until July 10, 1987. On the motion of Mr. Sorensen, seconded by Mrs. Klaumin- zer, it was voted unanimously to approve the extension of time for Board action until July 10, 1987. 146. APPLICATIONS TO THE BOARD OF APPEALS Additional hearing scheduled for May 14, 1987: Mrs. Wood gave an oral review of the following application scheduled by the Board of Appeals. 80 Westview Street, Colin Richardson, SP, to demolish an existing structure and construct an automobile repair facility in the CM district. Mr. Bowyer suggested that if the Board felt the use was appropriate, the applicant should be asked to submit a plan that meets the zoning requirements in Section 10 of the revised By -Law but that more time may be needed to comply with that completely new section of the By -Law. On the motion of Mrs. Wood, seconded by Mrs. Klauminzer it was voted unanimously to recommend the special permit be granted for the use with the condition that the applicant can demonstrate that the proposal meets the requirements of the revised Zoning By -Law. Minutes for May 11, 1987 Page 3 147. Special Town Meeting, Condominium Conversion By -Law: Elizabeth Flemings joined the Board for a discussion of the Condominium Conversion By -Law amendments proposed for consideration at the Special Town Meeting. She explained that the proposed changes would: 1) require a permit for conversions and 2) require a permit for evictions. She added that the passage of these amendments to the By - Law would expand the number of people covered under the By -Law and provide great- er protection for individuals of low, and moderate income. The Planning Board will meet again with the Housing Advisory Committee on Wednes- day prior to Town Meeting. The meeting was adjourned at 7:55. I" Martha C. Wood, Clerk