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Home My WebLink About1956-09-10PLANNING BOARD MEETING ' September 10, 1956 A -closed meeting of the Lexington Planning Board was held in the Town Engineer's Room, Town Office Building, on Monday, September 10, 1956 at 7:30 p.m. Present were Chairman Hathaway, Members Abbott, Burnell and Jaquith, Planning Director Snow, Mr. Howlett, member of the Staff, and the secretary Mrs. Milliken were also present. Mr.Stevens, Town Counsel, was present from 8:35 to 9:20. Approved were the following bills which had been presented for payment: Bruce E. Howlett, pro BILLS fessional services and reimbursement for car mil- eage and office supplies fOr week ending September $102.44; Anne H. Milliken, secretarial services 6.50. The following Form A applications were taken under consideration for determination of Planning FORMS A Board jurisdiction: ' #56-651 submitted on September 10, 1956 for Wilfrid C. Rodgers; plan entitled "Plan of Land in Lexington, Mass.", Scale: l" = 30', dated June, 19561 'Whitman & Howard, C,E.'s, Boston, Mass. #56-66, submitted on September 10, 1956 by Arthur Finn, Attorney for S. Norman Fein - gold; plan entitled Plan Showing Right of Way Through Lot B as shown on 'Plan Entitled Plan of Land in Lexington, Mass., June 1949, W.H.Roby, C.E., Arlington'", scale: I" = 301, dated August, 1956s Rowland H. Barnes & Co., C.E.'s & Surveyors. Upon motion duly made and seconded it was unanimously VOTED: that the plans accompanying applications #56-65 and #56-66 be signed bearing the en- dorsement "Lexington Planning Board approval not required under the Subdivision Control Law." The Chairman read the notices of hearings to be held by the Board of Appeals on September 18, BOARD OF 1956, It was decided to take no action on the peti- APPEALS tions to be heard. HISTORIC Mr. Stevens was also asked to prepare for the DISTRICTS warrant an article tosee if the Town will accept Chapter 447, Acts of 1956, enacted by the State CHAP -447 Legislature at its last session, Chapter 447 being ACTS of 1956 the Lexington Historic Districts Act which was sub- mitted In the form of a bill authorized by vote at the March 1956 Annual Town Meeting. The Board took under consideration next an ' PROPOSED undated preliminary plan for a way which the Selectmen , STREET proposed to lay out between Depot Square and Meriam _ Street, said layout being in part over John F. Mac- MacNFIL Neil's property. In accordance with its agreement with Selectmen' Maloney and Reed at the Planning Board meeting on August 1, 1956s the Board decided to r e -i commend to the Town that it rezone to C 2 - General, business use that portion of said MacNeil property presented situated in an R 1 - Single family resided- tial district, said portion having an area of 1438 Isq. ARTICLES feet. When the Town Counsel came to the meeting later FOR TOWN in the evening, he was given the plan and asked to WARRANT prepare for the warrant for a town meeting it was un- GREEN VALLEY derstood`was to be held later in the fall an article SEC. 1 for rezoning said portion of land from R 1 to C 2 use. HISTORIC Mr. Stevens was also asked to prepare for the DISTRICTS warrant an article tosee if the Town will accept Chapter 447, Acts of 1956, enacted by the State CHAP -447 Legislature at its last session, Chapter 447 being ACTS of 1956 the Lexington Historic Districts Act which was sub- mitted In the form of a bill authorized by vote at the March 1956 Annual Town Meeting. Discussed next with Mr. Stevens was a letter, ' LCC #5982 dated September 1, 1956 from William E. Fitzgerald of SUBDIVISION North Reading to Mr. Hathaway asking that the Planning - Board reconsider its decision of July 30 disapproving FITZGERALD Mr. Fitzgerald's definitive subdivision plan, Land Court Case #5982. M.r.Stevens said that he would meet with Mr. Snow later in the week to examine with him said subdivision plan to determine if a letter from Edward Watson to Mr. Fitzgerald and a proposed grant of drainage easement, also to Mr. Fitzgerald, are in proper form to give Mr. Fitzgerald the necessary access to his property and the required means of dis- posing of surface drainage. Mr. Stevens reported that he had talked to GREEN VALLEY both Mr. Buss and the Building Inspector in regard SEC. 1 to the issuance of building permits and the location - of houses on Rawson Avenue and in the Green Valley BUSA subdivision. Mr. Stevens stated that he had been in- formed by the Buildinp- Inspector that the latter had no knowledge that there was to be a new street behind Rawson Avenue. Mr. Stevens said that it appeared that Mr. Buss had obtained building.permits and had houses partly erected but did not show the building locations on the subdivision plan. Viewing the plan Mr. Stevens said that the house to which the number 4 Rawson Avenue permit was assigned did not comply with the Zoning By-law. 9-10-56 -2- BUSA LAND FOR RECREATIONAL PURPOSES Mr. Stevens stated that -if a lot abuts on only one street and has the required frcn tage on that street, a person can obtain a building per- mit and face a house on a lot in any direction he desires. He said, however, if a lot abuts on two or more streets, the frontage must be on the front- age street, the rule of the architecture of the house being used to determine its frontage. The Chairman asked if the Board had the right to rescind its vote of approval of the sub- division plan. Mr. Stevens suggested having Mr. Busa attend one of the Planning Board's meetings and informing him (1) that the Board had found that, although it was not so indicated on the plan, he had a building erected on one o f the lots; (2) that the building fronts on proposed Anthony Road and does not have the frontage required by the Zon- ing By-law; (3) that the Board, therefore, sees no reason why it should not advertise and hold a pub - lie hearing and rescind its approval of the Green Valley subdivision plan. Mr. Stevens said that if Mr. Busa could straighten out the situation by a plan change, the problem could be solved readily; if he could not, the Board would act accordingly. ' Later during the meeting the Board drafted a letter to be sent to Mr. Busa incorporating the above information in it and requesting Mr. Busa to appear at the Board's next'meeting to discuss the proposed action by the Board. (See addendum.) There was next discussed with Mr. Stevens the possible acquisition of certain "land owned -by Mr. Antonio Busa and located adjacent to the Great Meadows. The Board reviewed its letter of June 22 to Mr. Busa as set forth in the minutes of its June 16, 1956 meeting. Not having received an answer to said letters the Chairman asked if the Board wished to have the Town Counsel prepare an article for the "warrant "for the next town meeting seeking the Town's authority to -take by eminent domain said Busa land for playground and recrea- tional nurposes. Several members of the Board stated that before making such a "decision, they would like to have further information about the area. It was decided to take a view of the land and surrounding area on Saturday afternoon at 3:00 p.m. After Mr. Stevens and. the secretary left the meeting, the Board devoted the remainder of its meeting to the consideration of the final draft BUSA LAND FOR RECREATIONAL PURPOSES of the "Zoning By-law Revision for the M-1 Indus - PROPOSED trial District," dated August, 1956 and prepared by REVISION Mr. Howlett. In presenting the draft Mr. Howlett M 1 DISTRICT stated that he had first studied the existing by-law ZONING as it pertained to Lexington's M 1 district, listed what he considered to be deficiencies in its regula- tions and then wrote a completely new by-law for this district. Following is a summary of the list of defi- ciencies in M 1 district regulations as he noted them: The eixsting by-law has inadequate definitions, allows almost any use in an M 1 district, has no parking or loading requirements, has no performance standards, places no restrictions on -any established use apart from "odor," "nuisance," etc:, has no regulation of signes, has inadequate frontage re- quirements and front, side and rear yards, requires no minimum area and has no control over appearance and maintenance of grounds, no control over storage areas and waste disposal, no control over exterior appearance of buildings and no control over change in use causing increase in need for parking, etc. The Board adjourned its meeting at 11:30 p.m. At this time the Chairman asked the Board to consider another dinner meeting before the next regular Monday meeting to discuss with Mr. Snow ways of eliminating meetings lasting until 11:30 p.m. He said the solu- tion might be to hold two meetings a week, each meet- ing ending not later than 10:00 p.m. The Board agreed to meet at 6:00 p.m. -on September 17 at the Shaker Glen House in Woburn. Levi G. Burnell, Tf . Clerk ADDENDUM September 12, 1956 Mr. Antonio Busa 46 Lowell Street Lexington 73, Mass. Re: Green Valley, Sec. 1 Dear Mr. Busa: The attention of the Planning Board has been called to the fact that, although it was not indicated.on 1 �I 9-10-56 the plan, ,you have a residence erected on one of the lots in your proposed subdivision. This residence fronts on a -proposed street and does not have the frontage required by the Lexington Zoning By-law. Unless there is some way in which you can take care of the matter, the Board sees no reason why it should not rescind its approval of the subdivision. The Board requests; therefore, that you appear at its meeting at 9:00 p.m. on September 17 to discuss the proposed action of the Board Very truly yours, LEXINGTON PLANNING BOAPD /s/ Donald D. Hathaway, Chairman DDH:am 1 1