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HomeMy WebLinkAbout1988-05-02PLANNING BOARD MINUTES MEETING OF MAY 2, 1988 The meeting of the Lexington Planning Board, held in Room G-15, Town Office Building, was called to order at 7:05 p.m. by the Chairman, Mrs. Uhrig, with members Klauminzer, Sorensen, Williams, Planning Director Bowyer, Assistant Planner Nordby and Secretary Peters present. Mrs. Wood was absent. 128. Article 40, Part B, Nonconforming Situations: Mr. Sorensen did not participate in any discussion or action on this item. The Board discussed a draft amendment to Article 40, Part B, Section 6.5.3 that would reduce the minimum lot size required from 7500 sq. ft. to 5,000 sq. ft, and the minimum lot frontage from 75 ft. to 50 ft. Mrs. Urhig noted that the effect of this draft amendment would be that any grandfathered lot would be required to have a minimum of 5,000 sq. ft. and at least 50 ft. of frontage, would still have to front on an accepted or unaccepted street, as defined by zoning, and there would be no limit to the number of adjoining lots that can qualify as long as they meet these minimum standards. On the motion of Mrs. Klauminzer, seconded by Mr. Williams, it was voted 3- 0-1 (Mr. Sorensen abstaining) to present the amendment to Article 40, Part B discussed by the Board tonight. 129. Article 39, Technical Corrections: Mrs. Uhrig reported that reconsi- deration of Article 39 will not occur until after Article 36, Pine Meadows, ' is discussed. Mr. Bowyer reviewed the ramifications of the Ephraim Weiss amendment passed at the April 27 session of Town Meeting. He reported that the amendment affects at least 23 provisions of the By-law. One major effect is to delete the present exclusions in net floor area, such as areas devoted to heating and ventilating equipment, air conditioning and fuel storage, currently permitted in the Zoning By -Law. Developers would be prompted to put such facilities on the roof or on the grounds next to the building, making them more visible. It would also eliminate the exclusion for off-street parking. That would conflict with other sections where there is a 10,000 sq. ft. threshold, above which a special permit with site plan review and a traffic study is required. The 10,000 sq. ft. threshold in those provisions excludes area used for off-street parking and loading; the Weiss amendment means the definition conflicts with the text. Another result of the amendment would be that floor area devoted to parking spaces in a garage would itself gene- rate a requirement for additional parking spaces. Mr. Bowyer recommended and the Board agreed that it will move for reconsideration and indefinite postponement. Mrs. Klauminzer suggested and the Board agreed that Mr. Weiss be invited to discuss the effects of his amendment at the Wednesday May 4 meeting with the hope that he will agree that his amendment caused more confusion than he intended, and that he would support reconsideration and the indefinite postponement of the original motion. Minutes for May 2, 1988 -2- The Board heard Mr. Sorensen's recommendations on what he would like to do with Part C of Article 39 dealing with the calculation of density in a cluster development. He felt that there was an attempt to favor cluster developments to the detriment of conventional subdivisions. The Board agreed to wait until the Wednesday May 2 meeting to take a final vote on the article. 130. _Article 41, discussion of Rawls amendment #E3: The Board agreed not to oppose the amendment. They suggested that in his presentation, Mr. Williams should stress that the article is in response to the Housing Resolution passed at the 1987 annual Town Meeting. **************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS ********** SUBDIVISION OF LAND 131. Lowell Court Subdivision release of covenent: The Board reviewed a memorandum from the Town Engineer, dated April 27, stating that the submit- ted as -built plans are acceptable, and the the work has been completed to their satisfaction. On the motion of Mr. Sorensen, seconded by Mrs. Klau- minzer, it was voted 4-0-0 to endorse the Release of Covenant document. APPLICATIONS TO THE BOARD OF APPEALS 132. Applications for Hearings on May 12, 1988: Mr. Sorensen gave an oral ' review of the following applications: Wood Street and Hartwell Avenue, Katandin Woods Limited Partnership, revisions to the comprehensive permit: Mr. Sorensen recommended the Board object strongly to any reduction in the number of 3 -bedroom units from what was approved in the comprehensive permit. Mr. Bowyer noted that the provision of 3 -bedroom units was one of the major items of negotiation that led the Board of Selectmen and the Planning Board to recommend approval of this development, without forcing the applicant to carry an appeal to the State Housing Appeals Committee. Mrs. Klauminzer noted that HUD standards require family housing to contain three bedrooms, since children of opposite sexes are required to have separate bedrooms, and that if this development is to have any family housing, there must be 3 -bedroom units. The Board agreed that previous approvals of this development were not conditional on obtaining Chapter 707 certificates, and that if Chapter 707 certificates are available and can be used, that is one method of providing three bedroom units. If the certificates are not available, the developer is not relieved of the obligation to provide the three bedroom units. On the motion of Mr. Sorensen, seconded by Mr. Williams, it was voted 4-0-0 to strongly recommend against granting the modification which would allow the reduction of the number of three bedroom units, be- cause: 1) the committment to supply low and moderate 3 -bedroom units was one of the major reasons the Town granted the comprehensive permit, Minutes for May 2, 1988 -3- which by-passed the Town's permit granting process, and 2) family housing as defined by federal standards requires units contain three bedrooms. Mrs. Uhrig left the meeting at this time. 196 Woburn Street, John Esserian, SP, to operate a roadside stand and for seasonal sale of Christmas trees and wreaths. Mr. Sorensen report- ed the existence of a farm stand; the rest of the farm has apparently been sold. The new owner runs a landscape business, and wants to sell items connected with this business. On the motion of Mr. Sorensen, seconded by Mrs. Klauminzer, it was voted 3-0-0 to recommend the permit be granted only for the sale of items listed in the application. REPORTS 133. Planning Director a. Senate Bill 896: Mr. Bowyer reported that this bill to be heard May 9, 1988, would extend the protection of ANR plans to dimen- sional changes as well as use changes. The Massachusetts Land Use Coalition is urging planning boards to write or call their senat- ors immediately and express their opposition to this bill. ' On the motion of Mrs. Klauminzer, seconded by Mr. Sorensen, it was voted 3-0-0 to send Senator Kraus a strong letter of opposition to Senate Bill 896. The meeting was adjourned at 7:57. Eleanor Klauminzer, Clerk LJ