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HomeMy WebLinkAbout1988-02-01PLANNING BOARD MEETING MEETING OF FEBRUARY 1, 1988 The meeting of the Lexington Planning Board held in Room G-15, Town Office Building, was called to order at 7:37 p.m. by the Chairman, Mrs. Uhrig, with members Klauminzer, Sorensen, Williams, Wood and Planning Director Bowyer present. 39. Review of Minutes: The Board reviewed and corrected the minutes for the meeting of January 4, 1988. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted unanimously to approve the minutes of January 4, 1988 as corrected. ****************************** REPORTS *********************************** 40. Planning Director a. Countryside Manor: The Board reviewed a draft of a letter to Woodhaven Realty expressing concern about three matters in which the development does not comply with the RD rezoning approved by the Town Meeting in 1985. The Board requested that the letter be strengthened and to state his actions broke faith with the Town Meeting approval. The matters include construction of an interior drive in excess of 650 feet, failing to designate four of the affordable housing units for low income households, and promoting an arrangement calling for a life lease tenancy by which residents would have to make a deposit of be- tween $170,000 and $210,000. The Board agreed that unless housing developments conform to the committments made to Town Meeting, it can hurt the credibility of future affordable housing proposals. b. Pine Meadows: The Board reviewed a draft memorandum inviting representatives from several town boards and committees to attend a meeting on February 17 at which Moore Homes would present alternative sketch plans for the development of the Pine Meadows Golf Course. It was agreed to add language at the end that there would be public meet- ings after the meeting on February 17. ***************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ********* SUBDIVISION OF LAND 41. Tracer Lane subdivision: On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted unanimously to approve the request of Harold Nahigian, stated in his letter dated 1-29-88, that the time for action on the Tracer Lane definitive subdivision plan be extended until June 21, 1988. Mrs. Uhrig suggested that the Board state that this would be the final extension it would approve because it was not proper to grant extensions repeatedly. The effect of approving the plan would be to freeze the 1986 zoning regulations for eight more years contrary to the vote of the 1987 Town Meeting to reduce the permitted floor area ratio. Other members agreed the Board should not grant extensions repeatedly but could act on future requests for extensions, if filed, rather than writing language into this approval. Landscape Architect Roger Kallstrom, representing Mr. Nahigian, reported the process has been delayed far longer than anticipated because of actions by the Conservation Commission and other environmental regulatory boards. Minutes for February 1, 1988 -2- 42. 90 North Hancock Street, Preliminary Subdivision: The Board reviewed a draft, dated February 1, 1988, of a decision on the preliminary subdivision plan. The Board did not want to include as a condition of approval, a cross reference to a memorandum of the Town Engineer dated January 25, 1988, because of disagreement with some of the substantive recommendations and the inability to separate comments from conditions. The decision on the preli- minary plan will need to be rewritten. The Board reviewed the 18 items contained in the Town Engineer's January 25 memorandum and decided which to include as conditions, which to include as comments and which items would not be referenced. The Board agreed that the pavement width could be reduced from 24 feet to 22 feet, that the sidewalk would need to be five feet wide but could have a meandering alignment so that it is not next to the right -of way line and that sloped granite curbing would be requested. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted unani- mously to approve the preliminary plan with the changes and corrections agreed to. Mr. Williams suggested that the Planning Board include requirements for water saving devices in the construction of new homes. it was agreed that the staff would check what provisions of the plumbing code or building code apply to water saving devices. APPLICATIONS TO THE BOARD OF APPEALS ' 43. Hearings of February it 1988: Mr. Williams gave an oral review of the following applications: 93 Hancock Street, Lexington Gardens, change in days and hours of operation: Mr. Williams recommended that the application, to amend the special permit to allow Sunday opening, be approved because he thought that Lexington Gardens was unduly penalized relative to other nursery or garden centers, such as Doran's Farm, which is on East Street and is in a neighborhood similar to Lexington Gardens. Seasons Four and Wilson Farm are allowed to operate on Sunday. After discussion of different Sunday hours, the Board approved unanimously a recommendation that operating hours on Sundays between 11 AM and 5 PM be allowed for one year on a trial basis. 12 Moon Hill Road, Walter Juda, variance to allow an accessory apart- ment in an accessory structure. The Board did not find that the cri- teria for granting a variance are met. The Board agreed to inform the Board of Appeals and the applicant that the Planning Board will present to the Town Meeting proposed zoning amendments which would allow an accessory apartment in an accessory structure. The applicant may be able to achieve what he proposes if the amendments are approved by the Town Meeting. Land at Hartwell Ave. and Maguire Road, removal of earth materials: This application comes under Article XXX of the General By-laws dealing with removal of earth materials. The Planning Board will not make a recommendation other than to call attention to comments which the Conservation Commission is making on these applications. The Board wants to stress that declining to make a recommendation should not be Minutes for February 1, 1988 -3- interpreted as an implicit endorsement of any use of the land in view of litigation on a zoning variance now in process. The Board decided to make no recommendation on the following applications: 90 Hancock Street, Harold Millican, SP, to operate a private recrea- tional facility 67 Valley Road, Anthony Macaudda, variance for an addition to a noncon- forming dwelling. ******************** ARTICLES FOR 1988 TOWN MEETING ********************** 44. Article 38, Technical Corrections: The Board reviewed the draft dated January 26, 1988. A number of editing changes were made. It was agreed to drop the amendment A 15) dealing with a cross reference to for-profit day care centers. The subject is more involved than should be handled in a technical correction and should be deferred to another year. 45. Article 40, Nonconforming Situations: The Board reviewed the draft of the proposed amendment dated January 29, 1988. In subparagraph 6.1.3 deal- ing with non -complying structures 10 years or older, it was agreed to in- clude the wording of this newly adopted amendment to the statute rather than making a cross reference in the Zoning By -Law to it. A number of editing changes were made. In subparagraph 6.2.7 dealing with the discontinuance or abandonment of non -conformity it was agreed a period of six continuous months should be the standard. It was agreed that Town Counsel will review subparagraph 6.4.4 dealing with non -complying buildings, which has been in the Zoning By -Law for a number of years, as to whether it would still apply in view of the newly adopted amendment to Chapter 40A providing for a ten year statute of limitations. In subparagraph 6.5.4 dealing with the combination of lots, it was requested that Town Counsel review the paragraph dealing with the reliance on deeds recorded in the Land Court because of the lot identification system used by the Land Court. It was agreed to retain part A in subsection 7.4.1 of the existing Zoning By -Law, which deals with undersized lots. 46. Responsibilities for Articles: Mrs. Uhrig asked members to think about which articles they would like to be responsibile to present to the Town Meeting. a. Technical Corrections - Mr. Sorensen, Mr. Williams and Mrs. Wood volunteered. b. Adjustments, Various Sections - Mr. Sorensen volunteered. c. Accessory Apartments - Mrs. Klauminzer and Mr. Williams volunteered. d. Nonconforming Situations - No one volunteered, but it was agreed this important article should be presented by the Chairman. The Meeting was adjourned at 10:04 p.m. Eleanor Klauminzer, Clerk U