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HomeMy WebLinkAbout1988-03-21PLANNING BOARD MINUTES MEETING OF MARCH 21, 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 and Planning Director Bowyer present. Mrs. Wood arrived during item 95. ********************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ********** PLANS NOT REQUIRING APPROVAL UNDER THE SUBDIVISION CONTROL LAW 88. Form A/88-5, Laconia Street, Town of Lexington: The Board reviewed a plan showing the consolidation of portions of an unbuildable Town -owned lot with adjoining lots, that have been conveyed to the abuttors only for their conven- ience and with restrictions against building. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0-0: to endorse the plan entitled "Subdivision Plan of Land, Laconia Street, Lex- ington, Mass.", dated December 16, 1987, by the Town of Lexington, Engineer- ing Department, certified by Francis X. Fields, Professional Engineer, with application Form A/88-5 by Richard White for the Town of Lexington. SUBDIVISION OF LAND 89. Carriage Drive, Winntucket Realty, Endorsement of Definitive Plan: Mr. Bowyer reported the covenant and the grant of easement have been reviewed by Town Counsel, and the definitive plan is ready for the Board's endorsement. On the motion of Mrs. Klauminzer, seconded by Mr. Sorensen, it was voted 4-0-0 to accept the covenant dated March 16, 1988. On the motion of Mr. Williams, seconded by Mr. Sorensen, it was voted 4-0-0 to endorse the definitive plan. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 4-0-0 to authorize the Planning Director to endorse sheets of the plan, not endorsed by the members, in behalf of the Board. ********************* 1988 TOWN MEETING *************************************** 90. Article 38, Technical Corrections: The Board reviewed and corrected the draft of the proposed amendments (the motion), dated March 15, 1988. In item A6) dealing with the amendment of the definition of structure, it was agreed that the wording "which has structural elements" was confusing and that the language should either be changed, after consultation with the Building Commissioner, or be deleted. In item A8) it was agreed the revised language was acceptable but that it should be reviewed by Chairman Natalie Riffin of the Board of Appeals. In order to meet the printing timetable for the first session of Towm Meeting, it would be accept- able to print the motion and report, and, if need be, to amend the motion subse- quently to incorporate changes which the Board of Appeals may request. Meeting of March 21, 1968 On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 4-0-0 to recommend the amendments, as corrected, be adopted. The Board reviewed and corrected the draft report on Article 38, dated March 15, 1988. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 4-0-0 to approve the report, as corrected. 91. Article 39, Adjustments, Various Sections: The Board reviewed and corrected the draft of the proposed amendments (the motion), dated March 15, 1988. On the motion of Mr. Sorensen, seconded by Mr. Williams, it was voted 4-0-0 to recommend the amendments in Parts A, B and D, as corrected, be adopted. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 3-1-0, with Mr. Sorensen opposed, to to recommend the amendments in Part C, as corrected, be adopted. The Board reviewed and corrected the draft report on Article 39, dated March 18, 1968. Mrs. Uhrig suggested that the two paragraphs at the bottom of page 2 and the first three of paragraphs on page three be deleted because they argued the desirability of the concept of cluster development. That did not need to be justified because only ajustments to the concept were being proposed. On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted 3-1-0, with Mr. Sorensen opposed, to approve the report, as corrected. 92. Article 40, Nonconforming Situations: The Board reviewed and corrected the draft of the proposed amendments (the motion), dated March 15, 1988. Mr. Soren- sen disqualified himself from discussion of Part B since he is a party to litiga- tion on an issue affected by Part B. About subparagraph 6.1.3, Mr. Bowyer reported that Building Commissioner, Steve Frederickson, said that attorney Carol Rolf told a conference of building offi- cials that the noncomplying buildings, which are the subject of the statute of limitations recently adopted as an amendment to Chapter 40A, are not nonconform- ing buildings. Mr. Bowyer said it would be some time before a court ruling would clarify the new amendment to Chapter 40A and the Board could probably choose either method of handling these noncomplying buildings. The consensus of the Board was that if they were not treated as nonconforming buildings, there may be even more questions as to how they should be treated. A treatment of them as nonconforming is an acceptable approach until the new statute is clarified one way or the other. On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted 3-0-0 to recommend that Part B of the amendments, as corrected, be adopted. On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted 4-0-0 to recommend that Part A of the motion, as corrected, be adopted. The Board reviewed and corrected the draft report on Article 40, dated March 21, 1988. Mr. Sorensen disqualified himself from discussion of Part B since he is a party to litigation on an issue affected by Part B. On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted 3-0-0 to to approve the report on Part B of the amendment, as corrected. On the motion of Mrs. Klauminzer, seconded by Mr. Williams it was voted 4-0-0 to approve the report on Part A of the amendment, as corrected. [1 Meeting of March 21, 1986 -3- 93. Article 41, Accessory Apartments: The Board reviewed and corrected the draft of the proposed amendments (the motion), dated March 15, 1988. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 3-0-1 (Mr. Sorensen abstained), to recommend the amendments, as corrected, be adopted. The Board commented on the June report of the Building Commissioner and inquired why the four applications for accessory apartments were rejected. Mrs. Klauminz- er inquired how many illegal apartments were discovered since 1983 and what has happened to them. Mr. Williams inquired as to the occupancy characteristics of the five new accessory apartments that have been approved. The Board reviewed and corrected the draft report on Article 38, dated March 15, 1988. On the motion of Mr. Williams, seconded by Mrs. Klauminzer, it was voted 3-0-1 (Mr. Sorensen abstained), to approve the report, as corrected. 94. Article 42. Minimum Developable Site Area: Mr. Sorensen has agreed to speak on the report. The Board reviewed and corrected the draft report on Article 42, dated March 21, 1988. On the motion of Mr. Sorensen, seconded by Mr. Williams, it was voted 4-0-0 to recommend in favor of the amendment and to aprove the report, as corrected. **************** REPORTS Mrs. Wood joined the meeting at this point. 95. Planning Board, Subcommittees a. Montesorri School: Mrs. Wood reported the hearing has been continued until April 14, 1988. b. Minuteman Bikeway: Mrs. Wood reported that an additional $10,000 had been made available for art work. c. Wood Street Development, Leibhaber: The Board agreed to return, as incomplete, the Preliminary Subdivision Plan submitted on March 18, 1988 because no evidence had been presented that the problem of the illegal lot (see minutes of February 8, 1988) had been solved. 96. Planning Director a. Housing Report: Mr. Bowyer reported he had prepared a draft of a joint report (Selectmen and Planning Board) on progess on affordable housing in response to Article 50 of the 1987 Town Meeting'. He has given a draft to the Town Manager but he has not had an opportunity to review it yet. The meeting was adjourned at 9:47. // Eleanor Klauminzer Clerk