HomeMy WebLinkAbout1955-08-08PLANNING BOARD MEETING
August 8, 1955
A regular meeting of the Planning Board was held
in the Town Engineerts Office, Town Office Building, on
Monday evening, August 8, 1955 at 7:30 P.M. Chairman
Adams, Messrs. Abbott, Grindle and Jaquith were present.
Mr. Snow, Planning Director, and the secretary were also
present. Mr. Stevens, Town Counsel, was present from
9:15 to 11:15 P.M.
Before the hearing opened Mr. Snow exhibited a
compiled plan he had prepared of land bounded by the
Lexington -Woburn -Winchester town line, Woburn and
Lowell Streets and a northwesterly portion of the
DeVries property, and showing,@riginal topography'of
the area, the Kelly development, proposed Sun Valley
lotting and the intervening vacant land. Upon this
base he had drawn a study plan indicating how he
thought the vacant Kelly land could be developed in
order to show what he considered to be the most logi-
cal connection between proposed Tyler Road of the Sun
Valley subdivision and Appletree Lane of the existing
Kelly subdivision. It was agreed that some provision
should be made for this future street connection, the
street coming somewhere within Lot 151 as shown on the
Section 8 definitive plan submitted by DeVries Construc-
tion Co.
PUBLIC HEARIN(
SUN VALLEY
SEC. 8
Mr. George DeVries was the only person who appeared
for the formal hearing which opened at 7:35 P.M. Mr.
Adams stated that it was his understanding that it had
always been the Board's feeling that there should:_be
a street connection between the Kelly and Sun Valley
subdivisions, this intent being indicated by the ap-
proval of the Kelly development plans which left a
stub of road at the southeasterly end of Appletree
Lane, and by the preliminary plans submitted by
Pleasant Associates, former owners of the Sun Valley
property. The proposed plan for Section Eight of
Sun Valley showed no such connection.
Mr. DeVries said that he recalled the matter was
discussed at his first or second meeting with the Board
when tentative plans were considered. However, he was
of the opinion that the Board had approved the overall
development plan of January, 1954 which did not show
any street connection with the Kelly land. He '
further stated that he did not think such a street
was necessary.
Mr. DeVries was then shown the Board's study for
a road connection between the Kelly property and Section
Eight of Sun Valley. The study decreases the area but
keeps the frontage of Lot 151, reduces the frontage on
Tyler Road below the required minimum for Lot 152 but at
the same time increases the size of said lot and provides
enough frontage for division into two lots mn the pro-
posed Appletree Lane extension.
The reason for the application was also read:
that the Lexington Board of Appeals had refused on
two occasions to grant variances to permit the Appli-
cant to use the lots shown on the Subdivision plan for
building purposes, the lots not conforming to the
requirements of the Lexington Zoning By-law as amended
subsequend to the approval of the subdivision plan by
the Planning Board but prior to the recording of the
subdivision plan; and that the applicant was not in
a financial position to proceed with the subdivision. '
by reducing the number of lots so as to creat lots that
would comply with the amended Zoning By-law.
When asked what it would mean to the corporation to
include such a road on the Section Eight Plan, Mr. De -
Vries baidothat he would have to study the matter before
coming to any conclusion. The Board agreed that there
should be a road connection, if possible, and requested
Mr. Snow to prepare a detailed plan for the same. No
one wished to be recorded as in favor of or opposed to
the subdivision plan as presented by Mr. DbVries. Agree-
ing to confer with Mr. Snow before the 'Planning Board
made a final decision on the subdivision application,
the Board closed the hearing and took the plans urdir
advisement. '
At 7750 P.M. the Board opened the public hearing
PUBLIC
in regard to the application for recision of approval
HEARING
of a definitive subdivision plan submitted by the Vine
VINE VALLEY
Valley Realty Corp. Five persons were present at the
REALTY CORP.
hearing. Mr. Adams pointed out that under the sub-
division control law the same procedure and time sched-
ule would be followed in regard to applications for
recision as for those for approval of subdivisions.
'He then read the formal application which requested
that the Board rescind its approval of the corpora-
tion's subdivision plan, that the subdivision agree-
ment entered into with the Board be eanebled, and
that the bond securing the agreement be returned.
The reason for the application was also read:
that the Lexington Board of Appeals had refused on
two occasions to grant variances to permit the Appli-
cant to use the lots shown on the Subdivision plan for
building purposes, the lots not conforming to the
requirements of the Lexington Zoning By-law as amended
subsequend to the approval of the subdivision plan by
the Planning Board but prior to the recording of the
subdivision plan; and that the applicant was not in
a financial position to proceed with the subdivision. '
by reducing the number of lots so as to creat lots that
would comply with the amended Zoning By-law.
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Mr. Troisi, President of the Corporation, and Mr.
Michael Ahern, Treasurer, introduced themselves and
stated that they were representing the corporation at
the hearing. In the discussion which followed no ad-
ditional information other than that which was in the
formal application was presented. This being the case,
the hearing was closed at 8:00 P.M. and the matter
taken under advisement.
-The Planning Board next took under consideration BOARD OF
notices of hearings to be held by the Board of Appeals APPEALS
onrAugust 23, 1955. It was decided that the Board HEARINGS
would -take no action on the petitions to be heard.
With Mr. Hathaway arriving at 8:10 P.M. Mr.
Adams was excused while the clerk presented the fol-
lowing bills: Robert L. Higgins, for professional
services from July 25 through August 5, 1955, $100.00;
Louise M. Baker, for secretarial services, $5.00;
Adams Press, for advertising -Vine Valley and Sun Valley,
Sec. 8 public hearings, $10.00. Mr. Grindle moved, Mr.
Hathaway seconded the motion, and it was unanimously
VOTED: that the bills be approved as read.
Mr. Adams next brought the attention of the Board
to copies of the recent legislation regarding the
establishment of historic areas on Beacon Hill and
Marthats Vineyard. It was suggested that Mr. Jaquith
be appointed a committee of one to study the laws with
regard to proposing similar legislation for Lexington.
An application was submitted for approval as a
subdivision the property between the existing sec-
tions of Ledgelawn Avenue and known as a "Plan of
Lots in Lexington, Mass., owned by Dianne Estates,
Inc.," the plan being dated July 23, 1955. The -ap-
plication having been found in order, it was decided
to set the date for the public hearing on the ap-
plication for August 22, 1955 at 7:h5 P•M•
Mr. Snow brought before the Board for approval
the draft of a memorandum incorporating Lexington
population data which had been assembled and analysed
during the previous weeks. Mr. Snow thought that as
part of a good public relations program the Board
should issue from time to time similar memoranda in
mimeograph form to interested citizens and town agen-
cies informing them of the Boardfs progress and find-
ings in the preparation of a long-range town plan.
BILLS
LEGISLATION
ESTABLISHING
HISTORIC
AREAS
DIAN NE
ESTATES
LEDGELAWN
AVE.
PLANNING
BOARD MEMO
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This idea was endorsed by the Board and a change
made in the drafted memorandum. It was suggested
that the issues be dated and the first one entitled
"Lexington Planning Board - Memorandum Number One.'4'
At 9:00 P.M, the Board took under consideration
FORMS A the following applications for determination of
planning board Jurisdiction: .
#55-62, submitted August 8, 1955 by John J.
Driscoll; tracing entitled "Plan of Land in
Lexington, Mass.,' Scale 1" = 401, dated Aug. 1,
1955, Miller & Nylander, C. E.'s and Surveyors,
Lexington, Mass.
#55-63, submitted August 8, 1955 by, Cary Realty
Trust, Alfred P. Tropeano, attorney; tracing entitled
"Subdivision of Land Court Case No. 69629 Land in
Lexington, Mass." Scale 1" = 401, dated July 28, 1955,
Miller & Nylander, C. E.1s and Surveyors, Lexington#
Mass.
It was moved by Mr. Hathaway, seconded by Mr,
Grindle and unanimously
VOTED: that the original tracings accotppanying ,
applications #55-62 and #55-63. be en-
dorsed with the statement Lexington
Planning Board approval not required
under the -Subdivision Control Law",
When Mr. Stevens came to the meeting at 9.15 P.M,,
MINUTE MAN the Board took under discussion the proposed subdivi-
HIGHLANDS sion entitled "Minute Man Highlands, Section Four,
SEC. Lexington, Mass.," owned by James A. Carrig, 1374
Massachusetts Avenue, Cambridge, plans dated Oct. 309
1953. The Board first read a letter from Mr. Ckirrig,
dated August 1, 1955, in which he stated that he had
decided that he would not contribute tothe cost of
the 70 -foot roadway (i.e., proposed Worthen Road as
it passes through his subdivision). It was the con -
census of opinion that since Mr. Carrig was lotting
along Worthen Road as an integral part of the sub-
division, that he should construct the road at least
to subgrade and to construct and install all other im-
provements necessary for this subdivision,
At 9:30 P.M. Messrs, James and Robert Carrig,'
Nylander and John A. Daley, lawyer representing the
Carrigs, were asked to sit with the Board to discuss
further the matters concerning Section Four of the
' Minute Man Highlands subdivision. The Carrigs first
submitted Form A applications Nos. 55-6h and 55-65
together with tracings showing lotting along Pleasant
Street, Cambridge -Concord Highway and Wellington Lane
Avenue. It was pointed out that all lots had the mini-
mum frontage required by the Lexington Zoning By-law
and the lots conformed to the Section Four subdivision
plans. The Board found that three lot lines did not
correspond and took the plans under advisement.
In regard to the subdivision plans, Mr. Daley stated
that the Carrigs would like to enter into a conditional
approval contract with the Board and discuss the con-
ditions of such a contract, the crux of the matter being
what was going to be done about the 70 -foot- proposed road
through the subdivision. He understood that the Town had
voted to construct one end of the 70 -foot road beginning
at Bedford Street, plans to carry the project through to
Pleasant Street, and that Mr. Carrig who had planned to
build a 40 -foot road in the proposed location had changed
his road width to 70 feet on the theory that eventually
the entire project would be completed. He added that the
Board had held a public hearing in November, 1953 in re-
gard to this subdivision, had neither approved nor dis-
approved the plans, and that it was Mr. Carrig's view that
under the statute the �5-day period within which the Board
should have taken action had expired.
Continuing, he pointed out that the question of who
is going to pay for and how much of the 70 -foot road -
some 2000 feet long within the subdivision - i8 en im-
portant item to Mr. Carrig. He would give without charge
and without betterments the whole 70 -foot strip. How-
ever, having in mind that the proposed road is really a
through way designed to divert the excess traffic from
the town center and that the primary purpose of the
70 -foot way instead of a 40 -foot road through the sub-
division was to benefit the Town, he felt that it was
asking too much of him to build the road to subgrade in-
cluding installation of utilities.
In reply Mr. Adams said that it was logical pro-
cedure to think of greater widths for more important
rights-of-way in a subdivision than the minimum 40 -foot
width required by the Town's subdivision regulations,
that there was a situation in Lexington similar to Mr.
Carrig's involving an intertown road, and that the sub-
divider in this particular case was constructing the road
and installing utilities including a sewer.
' Mr. Daley stated that he thought the situation in
regard to this subdivision was a unique one, that what
started out to be a normal hO-foot road, and which might
have required some minor adjustments, now had become a
main 70 -foot road, and that Mr. Carrig felt that the
whole burden of the cost of 2000 feet ought not to tie
borne by him simply because he happened to be the sub-
divider.
Mr. Stevens said that the Board at its. previous
meeting had considered all aspects of the problem and
that the Board felt Mr. Carrig should build the 70 -foot
road including a 12 -inch water line, the Town compensat-
ing Mr. Carrig for the difference in cost of material
between the 8 -inch line needed by the subdivision and
the 12 -inch size required by the Town for a main. Mr.
Stevens added that without a road in the 70 -foot strip,
the people to whom Mr. Carrig had sold lots along the
strip would want the Town to construct the road as a
town way.
Mr. Adams asked if there were any conditional Vr y
of coming to an agreement. Mr. Daley replied that he
did not know of -any, that he had said as much as he
could, that he felt he had to protect Mr. Carr°igt s
rights but that he would see if they could "block out"
anything from what had been discussed. He added that '
Mr. Carrig felt that the 45 -day period for action by the
Board had expired and he had to make a formal request
for the return of the plans, giving such notice to the
Town Clerk.
When asked bz Mr. Stevens what they were going to
try to "'block out , Mr. Daley said -a conditional approval
contract that N;, Carrig will not sell any lots unless
the 70 -foot road is constructed and that the conditions
for constructing the 1O -foot roads in the development
are to be exactly the same as in any other subdivision.
Messrs. Carrig and party left the meeting at 11:00
P.M. In private session the Board decided to draw an
agreement just as planned before the discussion with
the Carrigs and party, the agreement to include the con-
struction of the 70 -foot road to subgrade, said agree-
ment to be secured by a conditional approval contract.
TECHBUILT, INC. The Board next took under consideration the sub -
MIDDLE -division plans submitted by Techbuilt, Inc. From a
RIDGE list of historic names pertinent to the area, it was
decided to approve the name "Turning Mill Road" for
the 50 -foot road in the subdivision, and "DeMar Road"
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for the �O-foot road. Thereafter it was moved by Mr.
Jaquith, seconded by Mr. Irwin and uananimously
VOTED: That''.the definitive subdivision plan
entitled "Plan of Lots in Middle Ridge,
Lexington, Mass.," dated June 10, 1955s
which was submitted to the Board by
Techbuilt, Inc. on July 5, 1955, accom-
panied by an application for approval of
definitive plan, Form C, dated June 20,
1955, be and hereby is approved.
The meeting adjourned at 11:15 P.M.
Charles T. Abbott
Clerk
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