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PLANNING BOARD MINUTES
MEETING OF NOVEMBER 4, 2009
A regular meeting of the Lexington Planning Board was held in the Selectmen’s Meeting Room,
Town Office Building, and called to order at 7:30 p.m. by Chairman Zurlo with members Hornig,
Canale, Galaitsis and planning staff McCall-Taylor, Henry and Kaufman present. Ms. Manz
joined the meeting in progress.
***************************SUBDIVISION ADMINISTRATION********************
Murray Hills Subdivision, Blueberry Lane; definitive conventional subdivision withdrawal of
submission: The applicant, Winning Estates, LLC, asked to withdraw without prejudice its
submission for a definitive conventional subdivision plan filed on April 15, 2009. On a motion
duly made and seconded, it was voted, 4-0, to accept the withdrawal of the definitive
conventional subdivision plan without prejudice.
Ms. Manz joined the meeting in progress.
*******************************EXECUTIVE SESSION***************************
At 7:40: p.m., on a motion duly made and seconded, by individual poll of the Board – Mr.
Galaitsis, Mr. Hornig, Ms. Manz, Mr. Canale, and Mr. Zurlo – it was voted, 5-0, to go into
executive session to discuss litigation against the Town with Town Counsel, Attorney Kevin Batt,
and to reconvene in open session for the regular Planning Board meeting.
The Board returned to open session at 8:40 p.m.
***************************SPECIAL TOWN MEETING***************************
Article 4, Center Uses, deliberation on the Center Committees proposals:
The following were a list of issues the Board had with the existing proposed changes:
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Incomplete and inconsistent definitions, which carry over to other districts.
While the Board had concerns about the collateral effects in other districts, it was believed the
changes could be supported with the understanding that any changes or clarifications that might
be needed would be addressed at the Annual Town Meeting in the spring. The Board agreed they
would take on this work.
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Allowing catering as a primary use not associated with a retail operation.
Page 2 Minutes for the Meeting of November 4, 2009
The Board decided to propose an amendment allowing catering only when in conjunction with
substantial retail food use, restaurant, and take-out and fast food establishments.
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Allowing office use on the street level.
Most of the Board members agreed in concept with what the Center Committee was trying to
accomplish; however, they were uncomfortable with drawing an arbitrary line between storefront
and other space and had concerns about the clarity of the proposed amendment. In the end the
Board felt that requiring a special permit might offer a level of control and protection.
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Allowing food uses by right.
The Board felt they could support removing one barrier, a special permit granted by the Zoning
Board of Appeals, to businesses. They agreed that they should investigate having a site plan
review process for all these uses and will discuss this further with the Design Advisory
Committee and the Board of Selectmen. This may be part of a more expansive look at permitting
in Town.
On a motion duly made and seconded, it was voted, 5-0, to recommend the approval of Article 4
to Special Town Meeting conditional on two amendments being accepted; one that would allow
catering only when in conjunction with substantial retail food use, restaurant, take-out and fast
food establishments, and one that would require a special permit for street level office use in the
Center. Mr. Canale was opposed to allowing any street level office use in the Center and so did
not support any amendments for office use, but did vote to support the rest of the Planning
Board’s position
Article 2, Lexington Technology Park:
Mr. Canale recused himself from consideration of the Lexington Technology Park application as
he is an abutter to an abutter.
On a motion duly made and seconded, it was voted, 3-1, (Mr. Galaitsis opposed) to adopt the
Article 2 report to Special Town Meeting as amended. Mr. Zurlo wished to include all views in
the report, but Mr. Galaitsis felt that would not be possible and so did not offer any additions to
the report.
Mr. Canale rejoined the meeting in progress.
Minutes for the Meeting of November 4, 2009 Page 3
Article 3, Cubist Pharmaceuticals:
On a motion duly made and seconded, it was voted, 5-0, to recommend the approval of Article 3
to Special Town Meeting under the PSDUP dated October 30, 2009.
On a motion duly made and seconded, it was voted, 5-0, to adopt the Article 3 report as amended
for Special Town Meeting.
************************************* MINUTES *******************************
Review of Minutes: The Board reviewed the minutes for the meeting of September 23, 2009. On
a motion duly made and seconded, it was voted, 5-0, to approve the minutes as amended.
The Board reviewed the minutes for the meeting of October 7, 2009. On a motion duly made and
seconded, it was voted, 5-0, to approve the minutes as amended.
The Board reviewed the minutes for the meeting of October 14, 2009. On a motion duly made
and seconded, it was voted, 5-0, to approve the minutes as amended.
**************************SPECIAL TOWN MEETING***************************
Ms. Manz will present Article 4 to Town Meeting with two amendments unless it is revised by
the Center Committee prior to the motion being placed on the floor of Town Meeting.
On a motion duly made and seconded, it was voted to adjourn the meeting at 11:52 p.m.
Anthony Galaitsis, Clerk