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HomeMy WebLinkAbout1956-06-11PLANNING BOARD MEETING IJune lis 1956 A closed Meeting of the Lexington Planning Board was held in the Town Engineer's Rooms Town Office Buildings on Mondays June lls 1956 at 7:45 p•m• Present were Chairman Hathaway, Members Abbotts Adams, Burnell, Grindle and Jaquith; Planning Director Snows and the secretary. Town Counsel Stevens was also present from 8:45 to 9:55 p.m. The Board took under consideration the John F. MacNeil petition to be heard by the Board of Appeals on June 12s 1956. In reviewing the plan accompanying said petition, it was decided that the plan had been changed very little from the one submitted with an earlier petition heard on April 3s 1956. The Board decided to go on record as being opposed to the grant- ing of the new petition and drafted a letter to the Board of Appeals settin forth reasons for such oppo- sition. (See addendum. Read to the Board was the notice of a public hearing to be held in the Waltham City Hall on June ' 11, 1956 at 8:00 p.m. in regard to a petition for re -zoning for limited commercial use of a parcel of land bounded by the Lexington town line and Trapelo Road, Smith Streets and Route 128. The Board decided to take no action in regard to the proposal. When Town Counsel Stevens came to the meeting the Board discussed with him several matters which were being considered at the time, among them being a plan L.C. 947503 concerning which Mr. Norman T. May requested an informal opinion. As shown on said plan it was proposed to subdivide each lot, M, N, and O, so as to create a total of six lots, all fronting on a so-called paper street. The Board decided that the division of the tracts of land constituted a subdivi- sion. MAC NEIL PETITION BOARD OF APPEALS WALTHAM ZONING HEARING L.C. #94750 It was called to the attention of the Board that ELDRED the proposed lotting would block the proposed exten- STREET sion of Eldred Street as recommended by Whitman & How- EXTENSION and in road studies prepared for the Board in November 1952. Mr. Snow emphasi.ed the importance of obtaining options for acquiring easements for said road espe- cially in view of his recommendation that land on either side of the old Pine Field Path, between Grove Street and Robinson Road be acquired for an elementary school site. He repeated that Mr. May had stated that the Town could have an option over the Soule land, L.C.#94750, for $1.00. Mr. Snow was asked to see if an option could be obtained for an easement over Mr. Witherell's property fronting on Grove Street, he being the only other person having land over which an extension of Eldred Street would have to.pass. It was pointed out that road would give access to the school for children in the Sunnyfield develop- ment, and to Route 128 for people in the Grove Street area, as well as providing quicker access to said area for fire and police protection. It was also noted that the Superintendent of Public Works had sug- gested taking options over necessary lands to connect - either Eldred or Bernard Streets with Grove Street. Mr. Snow reported that after said options were obtained, Mr. Gayer,would enter onto the lands, having "punchings" made, and prepare cost estimates to determine the most economical route for street construction. SUBDIVISIONS When Mr. Stevens met with the Board, it discussed'' with him the matter of temporary turnarounds as set TEMPORARY forth in Sec. V.B.3. of the subdivision regulations. It TURNAROUND was pointed out that the Board wished to establish a Board policy in regard to this detail. Mr. Stevens agreed that the temporary turnaround should be beyond the subdivision boundary, i.e., beyond the end of the pavement. Mr. Snow recommended that said temporary , turnaround be 60 feet in diameter. He was asked to confer with the Superintendent of Public Works and the radius in which a snow plow or the largest apparatus of the Fire Department could be turned around. HANCOCK Taken under consideration was the Hancock Heights HEIGHTS definitive subdivision plan. In view of the questions raised by abutting property owners at the June 4P 1956 public hearing in regard to said plan, it was decided the Board would approve the plan subject to the con dition that Lots D and F be eliminated from said plan and that Mr. Moore be notified of the Board's decision. BUSA LAND The Board next discussed the possible acquisition FOR for recreational purposes of the former Daley land now RECREATION owned by Mr. Antonio Busa. (See minutes of June 4s 1956.) Mr. Snow reported that he had examined said land with an appraiser and that the latter, on the basis of Mr. Busa's proposal to lot the tract, had appraised the lots as being worth between 0300 to $500 each. The apraiser had suggested offering $400 a lot, stating that '$500 a lot would be most generous." Based on the fact that the Board wished to acquire that portion of the tract which would be the equivalent of 9 , lots, the total value would be $3600, $600 more than Mr. Busa had paid for the entire tract of land. After due consideration the Board decided to write a letter to Mr. Busa offering to purchase a portion of the tract set forth above. Detailed terms of said offer were dictated to Mr. Snow for the purpose of drafting a letter for the Board's consideration at its next meet- ing. In addition to obtaining an option from Mr. Busa, RUSSO LAND Mr. Snow recommended acquisition of the land owned by FOR STREET the Guiseppi Russo estate, said land to be added to AND the former Daley tract for recreational purposes and RECREATION for providing a road to connect the proposed Busa de- velopment to Circle Road. He described the Russo land as being lots 222 through 233, located on the easterly side of Circle Road and stated that he understood Albert A. Russo, administrator of the estate, wanted $3000'for the land. Mr. Snow reported that Mr. Russo did not wish to discuss the sale of the property until his brother returned from Germany on June 30. It was decided to write Mr. Russo a letter indicating the Board's interest in purchasing the land, Mr. Snow to draft a letter for the Board's consideration at its next meeting. Consideration was given to the appointment of a ADDITIONAL member of the Planning Board to the Additional Fire FIRE ' Station Committee as authorized under Article 45 by STATION the Adjourned Town Meeting held on April 21 1956. It COMMITTEE was moved by Mr. Abbott, seconded by Mr. Burnell and unanimously voted that Chairman Hathaway appoint a member of the Planning Board to the Additional Fire Station Committee. Thereupon, Mr. Hathaway appointed Mr. Jaquith to serve on said committee. Mr. Abbott then reported on the work of the NEW JUNIOR School Sites Committee, and what it proposed to do in HIGH SCHOOL regard to acquiring a junior high school site of SITE approximately 25 acres. (See minutes of June 4;1956.) He stated that if the Planning Board thought more land should be acquired for recreational facilities, the committee would consider the matter further. Mr. Snow recommended that additional land be acquired and re- viewed his previous recommendations for the develop- ment of the site. He stated that he believed the pro- posed junior high school should face Coolidge Avenue, the vehicular access to the school being from Diehl and Brigham Roads, the latter to be extended through to the development proposed by Esco Builders, Inc. He pointed out that in this way all parking and services facilities for the building could be located on the easterly portion of the site, leaving the rear of the school for the location of gymnasium facilities and the lower land to the north for an athletic field and recreational development. He suggested that the Plan- ' ning Board, if necessary, acquire the northerly portion of the Pihl land so that the existing brook along the Pihl-Esco Builders property line could be dammed to provide for skating facilities. There was held next a general discussion of various other matters currently before the Board for consideration. The meeting was adjourned at 11:00,p.m. Levi G. Burnell,- Jr. Clerk ADDENDUM June 121 1956 Board of Appeals Town Office Building Lexington 73, Massachusetts Re: Petition of John F. MacNeil Gentlemen: The Planning Board at its meeting held on June lla 1956, discussed the above petition and voted to oppose the granting of the variances of the Zoning By-laws requested in the petition and to submit to the Board of Appeals a letter setting forth its reasons for such opposition. The petition contemplates erection of a commercial build- ing on a lot in a C 2 District, but the boundary lines of the lot abut on two sides land in an R 1 District. From the data available to the Planning Board at the time of its meeting, it appears to the Board that, in order for the petitioner to build the proposed building, he will have to be granted the following variances of the Zoning By-laws: 1. A variance of the provision of Section 5 (a) dealing with permitted uses in an R 1 District. 2. A variance of the provision of Section ' (c) re- quiring for each permitted principal commercial building in a C 2 District side yards adjoining the boundary lines abutting the R 1 District of not less than 201. 6-11-56 ' 3. A variance of the provision of Section 8(g) 5 providing that in any zoning district no part or projection of a building shall be erected in or over the area.required to be maintained as side yards. 4. A variance of the provision of Section 9(a) pro- viding that no land shall be put to an use other than uses enumerated in the Zoning By-laws and ides accessory thereto, for the zoning district in which such land lies. 5. A variance of the provision of Section 9(d) pro- viding that no land in an R 1 District shall be used for any purpose not incidental to the provisory permitted use of said land. The Planning Board is opposed to varying the Zoning By-laws to the extent necessary to permit construction of the pro- posed building for the following reasons: 1. The plans for the proposed building indicate that the major portion of the front wall of the building is to be erected on the joint boundary line of the C 2 lot involved and other land of the petitioner zoned as R 1 land. As pro- posed, the building would completely eliminate the 201 side yard required where C 2 land adjoins R 1 land. This 20' side yard requirement was established to provide a buffer zone to keep business buildings from encroaching too close to an R 1 District boundary line. The Board feels that, while this buffer tone requirement might be varied slightly on the Depot Square side in the interest of orderly devel- opment of the area involved, it should not be varied to the extent requested. It should be noted that the front of the building, as proposed, projects beyond the front wall of the Chase building. 2. The plans for the proposed building show that the northerly wall of the building is to be erected within 31 of the joint boundary line of the C 2 lot involved and the 1 1 land of the railroad property. The Board feels that there should be no variance of the 20' buffer zone requirement for this side of the building. The buffer zone requirement as to the lot involved was established for the benefit of the adjoining R 1 land. The fact that this R 1 land is now railroad property is immaterial since the R 1 land may re- main zoned for residential purposes even if it should be dis- posed of by the Railroad. In addition, granting of the variance requested would add to the now dangerous condition at the Meriam Street crossing and would leave inadequate space for fire fighting purposes between the proposed build- ' ing and the drop-off to the railroad bed. 3. Erection of the front wall of the proposed building on the boundary line of the C 2 lot and the adjoining R 1 3. Erection of the front wall of the proposed I building on the boundary line of the C 2 lot and the adjoining R 1 land would necessitate use of the R l land for access to the proposed building. 'While the question of varying the Zoning By-laws to permituse of the R 1 land in this instance for sidewalk aceess to a commercial building is a relatively minor ones the Board points out the issue since it emphasizes one of the problems which arises from elimination of the 20' buffer zone requirements. Although not pre- sented in the petition involved, there may be other matters presented in the future such as projection of awnings and signs over the R 1 land or use of the R 1 land for private parking. 4. Under all the circumstances involved the Board is of the opinion that the variances requested` cannot be granted without derogation from the intent and purposes of the Zoning By -Laws. There does not appear to be such hardship in the petition involved as would require varying the Zoning By-laws to the extent in question. Respectfully submitted; LEXINGTON PLANNING BOARDI Donald D. Hathaway, Chairman 1