HomeMy WebLinkAbout1940-04-26PLANNING BOARD MEETING,;
I
April 26, 1940.
A meeting of the Planning Board was held in the Town
Office wilding, Friday. April 26, at 7:30. All members
were present.
The minutes of the previous meeting were approved as
received.
Mr. Greeley reported on the planning problem being
worked out in the High School group and stated that the
problems being considered are parking and the East Lexington
Meadows.
Mr. Greeley reported that he had a favorable talk
with the Scout Commissioner in regard to a survey by the
boys, pertaining to illegal billboards.
A report of progress was made in connection with the
Master Plan. This work is being done by Thayer Rudd.
This portion of the meeting adjourned at 8 P.M. to
hold the hearing on Mr. Viano's petition. (See separate
minutes for record of this hearing).
Scout
work.
Master
Plan
The Planning Board met again at 9:00 P.M. in reference
to the hearing, the discussion being a consideration only Viano
of whether the proposed site is a proper location for an hearing
apartment house which falls within the restrictions of the
permissive act.
The Board has Mr. Viano's plans for study and ref-
erence.
Bills approved for payment:
Clerical work on the hearing - $2.00
Adams Press (notice in papers) - 4.90
$6.90
The meeting adjourned at lO:OO P.M.
Respectfully submitted,
C-.�• ,�/-
' Clerk.
'
PLANNING BOARD HEARING
APRIL 260 1940.
A meeting of the Planning Board was held in the
Selectmen's Room, Town Office Building, at 8200 P.M.
Chairman Greeley, Messrs. Ferguson, Ellis, Kimball,
Nickerson and Worthen were present.
At 8:00 P.M. hearing was declared open on the appli-
cation of Eugene J. Viano, President, Colonial Garage, Inc.
to emend the Lexington Zoning By -Law and Map by changing
from an R.1 to an R.3 District, a parcel of land on Vine
Brook Road owned by the Colonial Garage, Inc. Viano
Mr. Kimball said that he desired to make a statement hearing
relative to the mechanics of amendments which he thought
might explain the procedure more fully to the people present.
He read a statement which he had prepared relative to the
desired amendment, explaining what action had already been
taken and the action it would be necessary to take after
this hearing had been held.
The Clerk read the notice of the hearing as published
in the Lexington Minute -Man on April 11th and 18th and
mailed to persons living in the area designated by the
Planning Board.
Mr. Greeley stated that it was customary to first hear
those in favor of the petition, then close that part of the
hearing and then hear those who were opposed, after which
the hearing would be declared closed. He asked to hear
those in favor.
Mr. Geuene J. Viano, the petitioner, presented plans
of the proposed building, one showing the entire area laid
out and another drawing of the changes made since the
creation of the R.3 zone. Mr. Viano said he felt the
people were familiar with the area he had in mind, but
thought it would be well to go over some of the plans of
development. He said that we all know why Lexington has a
Zoning Law. However, when the Zoning Law was first drawn
up, it was drawn up with the idea that changes would be
necessary in the future and that is why we have the Board of
Appeals and Planning Board. He said the time has come when
the people of Lexington have felt the need of developments
of this type. As proof of that, we have had an R.3 zone
created. Now the question arises as to the proper place for
this sort of development. He said it was not unusual for
towns like Lexington to have apartment houses and they have
not hurt the communities in which they have been erected.
He said that in Lexington we are fortunate to have a definite
plan in regard to the building of apartment houses. He knew
'
of no town which had laid down the restrictions and set up
requirements such as Lexington in order to guide the develop-
ment so that it would be a credit to the Town. He felt the
Planning Board deserveda great deal of credit for the work
they had done in creating this zone. It had made it abso-
lutely necessary for the builder of such an apartment to
create in Lexington something of which the town might be
proud from the standpoint of a residential area for the
people wishing to live in apartments. He said that the
�oning laws did not contemplate the destruction of property
and this piece of property is contiguous to the business
zone. Similarly, down Waltham Street there is a business
zone to the corner of Vine Brook Road that backs up 100 feet
into Vine Brook Road. That is the situation as far as the
area is concerned. Mr. Viano stated that his property,
formerly known as the Valentine property, contains approx-
imately 60,000 square feet, of which there is available for
business under the present zoning law, a matter of less than
20,000 square feet, leaving approximately 40,000 square feet
of land for which some use must be found unless it is to be-
come a liability to its owners and also a direct liability
to the Town of Lexington. He stated that stores would be
erected on Mass. Avenue in the business area after the com-
pletion of the apartment house, if it should be allowed.
If, however, the change should not be granted, the stores
will be erected in any event. That left this situation: -
an area of 40,000 squgre feet from the rear of those stores
to Vine Brook Road which, in his opinion, is not suitable
for any other form of development that seems to be possible
in Lexington. Mr. Viano said that at some time, other forms '
of business might take place on the property, but regardless
of what form that development might take, there has to be a
change of zone to allow it. He said a great many types of
development might be more detrimental to the area than the
type proposed. In this instance, he was definitely proposing
to establish the property as a residential area. If this
li*ited apartment house project should go through to com-
pletion, the area will be fixed as a residential area because
these apartments are definitely a distinct asset to the
community in which they are to be placed because they can
only reach out to the same type of people now living in the
town. The people would be in a definite income bracket and
it will absolutely eliminate the possibility of undesirable
tenants. He said that no minor children would be allowed
in the apartments. That means that there would be no burden
on the community for education of additional children and
all the taxes which would be derived from the property would
be practically clear. He said that he felt this would help
offset some of the lower cost house development so prevalent
today where there might be two or three children in a home
and the owners do not pay their way. Someone has to take
up this slump and it had to be by a proposition of this
type, homes of high type or business development. He said
that all towns are faced with the same problem of living as
cheaply as they can. This town has been a fairly expensive '
town to live in, although some are much more expensive.
This year the tax rate has been reduced quite a little, but
we are facing a higher tax rate unless we can have de-
velopments of this character. Under the limited apartment
zone, 75% of the land has to be open land, that is walks,
trees, shrubs, etc. and only 25,% of the area can be covered
by buildings. It has to be, of necessity, a beauty spot.
He also stated that it would be necessary before the
building could be constructed, to have the plans go before
the Board of Appeals at a public hearing. He did not see
what anyone would have to fear from a proposition of this
kind.
Mr. Viano said he had brought his plans with him and
would be glad to go over them and answer any questions
anyone might care to ask h1m about them. He said that in
comparison with other lots on Vine Brook Road, on the
ordinary lots at the present time, anyone can build their
home within 7j feet of the proper�ylines if they want to.
In this particular layout, he cannot build within 15 feet
of the property line. Any single home can be built 22 stories
high; he cannot build an apartment building over that height.
Any single home cannot be built within 20 feet of thehigh-
way line; this building cannot be closer than 20 feet. In
addition to that, if this area happens to abut on a business
area, it cannot be built within 30 feet of the business
area. If the building is laid out in a court, that court
cannot be narrower than 35 feet. They have provided for a
court of 70 feet, wider than the highway lines of Vine
Brook Road. Further than that, if it is found desirable
when the proposition comes before the Board of Appeals,
they can vary the set -back to a distance of 40 feet if the
people wish it. He said that they can provide,,are willing
to and have incorporated in their plans, adequate parking
facilities for the tenants that would use the apartment
house. He said he had about 10,000 square feet of land,
excluding driveways, available for that purpose. He said
that there would probably be thirty-five families which would
mean about twenty to twenty-five additional cars in the
neighborhood and he has adequate parking space for them.
As far as traffic along Vine Brook Road was concerned,
he did not know of any way to regulate that and as far as
parking on the highway there was concerned, this would come
under the jurisdiction of the Selectmen and the Police Dept,
and certain regulations can be set up to remove that probl:®m
to the satisfaction of all. He stated that in regard to
the affect, if any, on the property values on Vine Brook
Road, there seemed to be ideas among the residents that this
would depreciate their property values. He said that
competent real estate people, Trust CorApanies and Savings
Banks say that is not the case. In fact he had a letter from
the New England Trust Co. that are Trustees of a piece of
property in this area, stating that they would not see where
It would have any affect on the property values. He said
that at the present time no one was certain what their
' properties were worth.
Mr. Viano said that there were a great many people
seeking a place to live in Lexington. These people, in a
great many instances do not want to buy a home for the
reason they would like to live in the town a year or two '
before they decide where to make their home, and if some
of these people have an opportunity to live here, make
friends and cane to like the town, they would eventually
become home owners here and he felt it would be natural for
them to seek homes in the area where they had lived, which
would provide an outlet for the property for sale in this
area, as he thought most of it was. He also said there
were many families in town where the children were growing
up and getting married and would like to live in Lexington.
However, they are driven into Cambridge or some other city
where they can find suitable apartments. He said this
proposed apartment was not a tenement house. He felt that
young people in town, when they marry, should have an
opportunity to live in the town; also some of the elderly
couples who find it hard to keep up their homes should have
an opportunity to remain here in apartments. He said he was
amazed to find how many people in the residential areas are
now running rooming houses. He said that he had no objection
to this, but it showed that in order for these people to
hold onto their property, they must get revenue from it.
Mr. Viano said he was sure that any fair-minded person,
regardless of where he lived, if he examined the plans and
program with an open mind, would see nothing objectionable
in it. He said he had brought drawings with him which he
desired to explain. He explained that the drawings were not '
true to scale, but showed what was intended as far as
architecture and design was concerned. He said that the
front of the building was approximately 50 feet and the
height from the ground to the gutter line was 19 feet and
the depth 168 feet. The opening court yard is 35 feet across,
the central yard is 70'feet and the inner court 44 feet. He
said the average single family home today is about 19 or 20
feet from the ground to the gutter line; the average Cape Cod
house with garage attached, is longer than 50 feet. He
spoke of this to try to fix in peoples' minds the relative
construction of this particular building and the average
single house. The proposed building would be 2J stories
high. He felt that eventually, whether it was done now or
some time in the future, something will have to be done about
the development of that property because you could not destroy
an area of 201,000 square feet of land right in the middle
of the Town. He said he would like to have the people bear
in mind when they make their objection, which they would
prefer to face as a view - the back of stores on Mass. Ave.
or something of this nature; to the people that live to the
right and left, which they would rather see, this or the
eventual absorbtion by business of the property. He said
there was one house v&ich backs right up to the business
line. He said that business property could be built on
right now and a business block could be put there and nothing '
could be done to prevent it. These, he said, were facts.
Also a person could build a business block on the corner of
Waltham Street at the present time.
The Chairman asked if there were any other persons
wishing to be heard in favor of the petition, and there
being none, he asked to hear those who objected.
Mr. Harold F. Lombard stated that he was speaking as
spokesman for those appearing in opposition. He said he
would like to ask the Chairman of the Board to permit the
people in opposition to rise Iso that the Board might see how
many there were.
Those in opposition stood and were counted and there
were thirty-two persons standing.
Mr. Lombard said that the people all had numerous•ob-
jections but he did not wish to take time to mention all of
them. However, he would name a few. He said that the
people purchased their homes in the belief that the neighbor.
hood was and would remain, a single family district. Some
moved from apartment houses and apartment house neighborhoods
in order that they,might live and bring up children in this
type of neighborhood, and aside from any tangible damage,
they did not think the quiet enjoyment of their homes should
be interrupted. Their opinions, which were supported by the
opinions of real estate men, were that the properties would
be definitely adversely affected by the erection of this
apartment house. No one would build or buy a house in the
immediate vicinity of an apartment house and if they should
want to sell, or be forced to sell after it is erected, they
would be up against the proposition of trying to find someone
to purchase the property. He said that if there were 35
families in the apartment house, they felt there would be
nearer 35 automobiles. He did not feel that all of these
cars would be stored at the Colonial Garage and any parking
space there may be, he believed would be in the rear of the
apartment. He felt that people would want to keep their
cars during the day where they would be easily available,
in front of the apartment house and he felt that at all
times, several cars would be parked on either side of Vine
Brook Road when people are visiting. He felt this would
create a traffic hazard and furthermore, if there was a fire
and one of the fire trucks tried to get through, it might be
delayed several minutes before reaching the nearest hydrant
and a fire could do a lot of damage in a few minutes. He
said that he was not going to say anything more but felt that
the presence of all the people here was enough evidence of
the sincerity and earnestness of their objection and be
thought it should carry a great deal of weight. He presented
a petition which had been signed by the majority of the
people in the neighborhood, requesting that the petition be
denied, which he read.
Mr. Greeley asked if there was any questions anyone
present wished to ask, or anything futther anyone wished to
' say in opposition. Mr. Harold S.. Johnson said that all those
in opposition could remark on the question, but that their
purpose in selecting a spokesman to do so was to simplify,'
the matter.
Mrs. Edward Connors said that they owned the prop-
erty on the right hand side of Vine Brook Road which Mr.
Viano referred to and said could be built right up against.
,
She wanted to know if his petition was granted, this would
prevent it from happening in the future. Mr,. Greeley in-
formed her that the requested zone ehangq did not affect the
status of any lot in the neighborhood other than the one in
question.
Mr. R. L. Ryder said that he was not opposed to the
change although he owned considerable land in the neighbor-
hood. He said that he had felt for a great many years that
there was a need for an apartment house in Lexington. It
was simp;y a matter of location, and he would like to know
whether the people who were opposed to this particular
proposition were opposed to it because of the proposed
location or if they were opposed as a matter of principal
to apartment houses anywhere in Lexington. He thought that
might help if it could be determined. Mr. Ryder said it
was the first time he had seen the plans, but with the
restrictions to be placed by both Boards and the restrictions
Already placed, he thought it might be an asset to the town
because there is a scarcity of rentals and has been for a
great many years, and an apartment of this type would only
attract people we would be glad to have.
Mr. Greeley said that the Planning Board felt that
Mr. Ryder's question had already been answered by the Town
when it voted to establish zones for apartment houses and
would indicate that they were in favor of it in the town.
,
Mr. Viano asked Mr. Ryder, through the Chairman, how
many lots he had in the area for sale for single family
homes, and Mr. Ryder said that he had fourteen or fifteen
but only three left on Vine Brook Road. Mr. Viano asked if
he felt that the apartment house would depreciate the value
of that building property or keep people from buying the
lots. Mr. Ryder said he did not, but if he lived next door
to the apartment, he would feel strongly against it.
Mr. Lawrence Viano said that he would live right next
door to it -if it was built. He said he would not want to
live next door to an objectionable apartment house and if
it does go up, he will still live next door to it as he
would see to it that it was put up in a manner that would
not be objectionable to himself or his family.
Mrs. Ralph H. Davis said that she owned a house on
Sherburne Road, and if she had realized that the zoning
law was going to be broken, they would not have bought their
home there.
Mr. Edward Connors said he owned the house on the
other side of the proposed building, and that it seemed to
him as though Mr. Lawrence Viano might have an interest in
the apartment and therefor if he wanted to get rid of his
property or move, he might do so, whereas he would not be
in a position to do that.
Mr. Greeley informed the group that Mr. Viano had
told him that he would be glad to explain the plans to
anyone interested at the clost of the hearing.
The hearing was declared closed at 8;52 P.M.
A true record, Attest;
1
Clerk.