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HomeMy WebLinkAbout1988-02-08PLANNING BOARD MINUTES MEETING OF FEBRUARY 8, 1988 The meeting of the Lexington Planning Board, held in Room G-15, Town Office Building, was called to order by the Vice Chairman, Mrs. Wood, with members Klauminzer, Sorensen, Williams, Planning Director Bowyer and Secretary Peters present. Mrs. Uhrig arrived during item 52. 47. Planning Director a. Meeting with the Board of Appeals: The Board has been invited to meet with members of the Board of Appeals on February 25, 1988 to discuss the Planning Board articles for the 1988 Town Meeting. ****************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ************* SUBDIVISION OF LAND 48. Sun Valley, Section II, (1956) Release of Lots: The Board reviewed a letter from Attorney Marienga, dated February 1, 1988, who represents the estate of Josephine DeMetrick. Mr. Marlenga noted that a review of the Town files indicates that a release was prepared for that lot, when the developer posted a performance bond, but it was never recorded. He added that, in order to clear title to this property, a Release of Restrictions concerning Lot 161 must be signed by a majority of the Planning Board and recorded in the Registry of Deeds. ' The Board reviewed a Release of Restrictions prepared by Mr. Marlenga. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0-0 to en- dorse the Release of Restrictions. 49. North Hancock Street, Decision on Preliminary Plan: The Board reviewed a draft decision for approval of the preliminary plan entitled "Two Lot Subdivision Plan X090 North Hancock Street", making corrections. On the motion of Mr. Soren- sen, seconded by Mrs. Wood, it was voted unanimously to approve the preliminary subdivision plan and decision, as corrected. 50. Wood Street, Reuven Liebhaber, Decision on Sketch Plan: The Board discussed the issues that must be resolved before a decision can be reached on the sketch plan. They agreed the status of the lot containing 5 dwelling units, which had been separated from the proposed cluster plan, must be legitimized. Mr. Sorensen noted that approval of a cluster subdivision plan by the Board is discretionary, and that a proof plan showing six lots does not give the developer the right to show six lots on the cluster plan. He felt that each lot should contain at least 15,500 sq ft in area, with a minimum frontage of at least 100 feet. He added he did not believe the lot with the 5 dwelling units was legal. Mr. Bowyer reported that the Conservation Commission had given the developer permission to fill the detention basin. The Board agreed to recommend the developer rework the sketch plan, and resolve the legal status of the lot containing the 5 dwelling units. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0-0 to disapprove the sketch plan. Minutes for February 8, 1988 -2- APPLICATIONS TO THE BOARD OF APPEALS 51. Hearing scheduled for February 25, 1988: Mr. Williams gave an oral review of the following hearings: 26 Barberry Road, Norman & Betty Paul, renewal SP, home office: The Board agreed they had no objection to the renewal of the special permit for a period of two years, provided the same conditions contained in the previous special permit are included in this special permit. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted 4-0-0 to recommend the special permit be renewed for a period of two years with the same conditions includ- ed as were in the previous special permit. 10 Pleasant Street, Wilson Farm Inc., renewal SP, for continued operation of a roadside stand and seasonal sale of Christmas trees and greens: The Board agreed they had no objection to the renewal of the special permit for a period of two years, provided the same conditions contained in the previous special permit are included in this special permit. On the motion of Mr. Sorensen, seconded by Mrs. Wood, it was voted 4-0-0 to recommend the special permit be renewed for a period of two years with the same conditions includ- ed as were in the previous special permit. 52. Countryside Manor, Woodhaven Realty, Special Permit Compliance: Attorney Alan Wrigley, representing Woodhaven Realty, appeared with Peter Kelley to review for the Board what steps they will take to deal with the Board's concerns stated ' in its February 2, 1988 letter to Mssrs. Kelley and Perry. The Board expressed their concern about three changes: 1) construction of an interior drive in excess of 650 feet; 2) failure to designate four of the af- fordable housing units for low income households; and 3) promotion of an ar- rangement calling for a life lease tenancy by which residents would have to make a deposit of between $170,000 and $210,000. Mr. Wrigley said they will request a hearing before the Board of Appeals and present information explaining why they have deviated from what was approved at the 1985 Town Meeting and the special permit with site plan review granted by the Board of Appeals. He noted the 1984 Zoning By -Law allows the Board of Appeals to determine whether the change is a revision, which does not require a public hearing, or an amendment which, does require a public hearing. Mr. Bowyer recommended that if one or more changes fall into the revision (no hearing) category, an open meeting be held anyway, and the neighbors invited. Mr. Kelley said the developers considered the life lease tenancy program a rental program. He said they were having difficulties arranging financing for construc- tion with a conventional rental program because most banks do not want to guaran- tee the interest rate on the financing for longer than three years. He felt the life lease rental plan was a good alternative option to the conventional rental process. He agreed it was not what was presented and approved by the Town Meet- ing, but did not think it was necessary to return to Town meeting for approval. Mr. Williams recommended the lawyers meet and decide whether the life lease rental plan is a viable option. If it is, Mr. Williams felt the developer needs to begin an educational process to sell its merits to Town Meeting Members. Minutes for February 8, 1988 -3- Mr. bowyer reported the Town Manager has instructed the Building Commissioner not to issue any more occupancy permits until these issues are resolved. Mrs. Klauminzer felt the Board's concern was that this is not what was presented and approved at Town Meeting, and she called for some type of open meeting, perhaps under the Board of Appeals. Mrs. Wood agreed, citing the need to clear the air. ARTICLES FOR 1988 TOWN MEETING *********************** 53. Planning Board Member Responsibilities for Presenting Articles: The Board agreed on the following assignments: Article 38 - Technical Corrections - Martha Wood and Karsten Sorensen Article 39 - Adjustments, Various Sections - Eleanor Klauminzer Article 40 - Nonconforming Situations - Judith Uhrig Article 41 - Accessory Apartments - David Williams Mrs. Uhrig added the Annual Planning Board Housing Report to Town Meeting, and the Joint Report of the Board of Selectmen and the Planning Board on Affordable must also be prepared. 54. Review of Leviton Report on Affordable Housing: The Board continued their review of the draft report. They agreed it should be made clear the report, prepared for the board, is the work of the consultant based on information she ' has gathered, and containing her interpretations and recommendations. The Board noted there will be an executive summary. They also recommended the report be dated. REPORTS 55. Planning Board, Subcommittees a. Minuteman Bikeway Committee: Mrs. Wood reported that the primary agen- da item for the January 28 meeting was a review of the latest revised design plans of the Bikeway. The meeting was adjourned at 9:42 p.m. 1 Eleanor Klauminzer, Clerk