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HomeMy WebLinkAbout2012-06-20-PB-min PLANNING BOARD MINUTES MEETING OF JUNE 20, 2012 A regular meeting of the Lexington Planning Board, held in The Selectmen’s Meeting Room, Town Office Building, was called to order at 7:30 p.m. by Chairman Richard Canale with members Greg Zurlo, Charles Hornig and Michelle Ciccolo and planning staff Maryann McCall- Taylor and Aaron Henry present. Wendy Manz was absent. ******************************EXECUTIVE SESSION**************************** At 7:35 p.m., on a motion duly made and seconded, by individual poll of the Board – Mr. Canale, Mr. Hornig, Ms. Ciccolo and Mr. Zurlo – it was voted 4-0 to go into executive session for the purpose of discussing the potential leasing of the Hartwell Avenue Landfill site and return to public session. The Board returned to open session at 8:15 p.m. ***************************ZONING BYLAW REWRITE************************* Recap of the non-conforming uses: The Board reviewed with Attorney Bobrowski the proposed Section 5, Non-conformities. This section represents an area that will change significantly. The special permit with site plan review is the other area that may change as well. Ms. McCall-Taylor said that initially they had tried to craft the nonconformity section so that it would replicate current practice but in the end they recognized that Section 5 was “broken” and the goal should be to write a simple, readable document and not wait for the next level of changes to deal with nonconformities in a way reflecting current case law. The discussion focused on what would constitute an expansion of nonconformity and require review, and what could be allowed by right. The Board was not comfortable with a by right extension of a nonconforming structure along the same nonconforming line; it should be done by a finding, special permit or variance. Mr. Bobrowski explained that case law says that an increase of non-conformity of a one- or two-family dwelling is by special permit, never by variance. There are still three possible levels, by right, by finding or by special permit. Board members thought that it would be simpler to use the special permit when not by right, and not have a finding process as the only difference as proposed would be a simple majority versus a super majority. Mr. Zurlo requested staff’s interpretation of “lawfully begun”. Mr. Bobrowski explained that this was a term used in state law and that we should rely on decisional law for its interpretation, rather Page 2 Minutes for the Meeting of June 20, 2012 than try to do it ourselves. Mr. Hornig and Mr. Canale were not for re-stating or interpreting the state law. Several proposed tweaks were agreed upon and a revised version will be prepared for an upcoming meeting. **********************************MINUTES*********************************** On a motion duly made and seconded, it was voted, 4-0, to approve the minutes as amended for June 4 and 6. ******************* PLANNING BOARD RE-ORGANIZATION ********************* Election of Officers: Mr. Zurlo moved that the slate of officers remain the same as the previous year - Mr. Canale chair, Mr. Zurlo vice chair and Ms. Ciccolo clerk. There being no further nominations, the nominations were closed. The slate of officers was elected by a vote of 4-0. On a motion duly made and seconded, it was voted, 4-0, to re-appoint Ginna Johnson as the Associate Planning Board Member. Committee Assignments : The Planning Board Representatives/Liaisons to Town Committees and Commissions were discussed. Mr. Hornig has a conflict with the Conservation Commission on Tuesday evenings, but there were no offers to take over that liaison position. The assignments for the upcoming year will remain the same and were as follows: Conservation Commission Mr. Hornig Historic Districts Commission Mr. Hornig Historical Commission Mr. Hornig Community Preservation Committee Ms. Manz Housing Partnership Board Ms. Manz Lexington Center Committee Ms. Manz Sidewalk Committee M s. Manz Design Advisory Committee Mr. Zurlo Hanscom Area Towns Committee Mr. Zurlo Vision 2020/Executive Committee Mr. Zurlo Minutes for the Meeting of June 20, 2012 Page 3 Economic Development Advisory Committee Mr. Zurlo Community Center Task Force Zurlo/Ciccolo Energy Conservation Committee Ms. Ciccolo Transportation Advisory Committee Ms. Ciccolo Greenways Corridor Committee Ms. Ciccolo Lexington Bicycle Advisory Committee Mr. Canale Noise Advisory Committee Mr. Canale Traffic Safety Advisory Committee Mr. Canale Sustainability Committee TBD *****************PLANNING BOARD ORGANIZATION, SCHEDULE**************** The Board will meet on Wednesday, July 11, at 7:30 p.m. in the Selectmen’s Meeting Room. The Board will meet July 18, if needed, and August 8 and 22. ******************************STAFF REPORTS******************************* Ms. McCall-Taylor gave an update on BIO 2012 and public health. Mr. Henry said there would be an affordable housing meeting the following evening. ******************************BOARD REPORTS******************************* Mr. Canal said the MPO meeting went well last Thursday and attendees were made aware of the proposed plans for Hartwell Avenue/Bedford Street. Mr. Zurlo went to the ribbon cutting at Qdoba. On a motion duly made and seconded, it was voted to adjourn the meeting at 10:00 p.m. The meeting was recorded by Lexmedia. The following documents used at the meeting can be found on file with the Planning Department:  Procedural Rules of the Lexington Planning Board, adopted June 24, 2009, (5 pages).  Updated nonconforming uses and structures (4 pages).  Planning Board Representatives/Liaisons to Town Committees and Commissions, dated June 2011 (1 page). Michelle Ciccolo, Clerk