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HomeMy WebLinkAbout1958-01-27 PLANNING BOARD MEETING January 27, 1958 A regular meeting of the Lexington Planning Board was held in the Town Engineer's Room, Town Office Building, an Monday, January 27, 1958 at 7:30 p.m. Present were Chairman Grindle, Members Burnell and Jaquith, and Planning Director Snow. Mr. Abbott was present until 8:10 p.m., Town Counsel Stevens from 10200-10:120 p.m. Mr. Abbott gave a report of the conference he, Mr. REGIONAL Burnell, and Mr. Snow had held in regard to the anticipated SHOPPING traffic to be generated by a proposed regional shopping CENTER center which representatives of Filene's wished to locate on PROPOSAL Swenson and contiguous properties. Based an traffic volumes which had been obtained from those furnished by Wilbur Smith and Associates, Mr. Abbott had had prepared a revision of the Wilbur Smith and Associates plan for solving the access prob- lem from Spring Street to the proposed center. After discus- sing this plan, it was decided to obtain the opinion of the State Department of Public Works and Mr. Gayer, Torn Engineer, in regard to said revised plan and to discuss further with Mr. Gumuere of Filene's the anticipated volumes of traffic which would come to the center over various routes. Mr. Abbott left the meeting at 8:0O p.m. At the same time members of the Capital Expenditures Committee and its secretary, Mrs. Donald E. Tucker, came to the Planning Board meeting. The following committee members were present: Chairman Sanborn C. Brown, Mrs. Arthur E. Fitzgerald, Dan H. Fenn, Jr., Irving H. Mabee, and Norman H. Royle. At the request of the Committee the Board discussed CAPITAL some of its proposals and estimate costs thereof for school EXPENDITURES sites, recreation areas, roads, etc. which it was thought CCliITTEE might involve capital expenditures within the next five years. At 8:45 p.m. Mr. Snow was asked to continue to meet with the Committee and discuss such matters as was of in- terest to it, the Board adjourning its meeting to meet in Cary Memorial Building with the Appropriations Committee. Mr. Snow then discussed further the Board's preliminary long- range development plan for Lexington. The Committee left the Town Engineer's Room at 9230 p.m. At 10:00 p.m. the Board returned to the Town Engineer's REGIONAL Room to continue its meeting Town Counsel Stevens met with SHOPPING the Board at this time and gave a progress report on the CENTER bill introduced into the State Legislature providing for a question to be placed on the Town ballot in March for the purpose of determining the will of the voters in locating $. regional shopping center on the Swenson and contiguous pro- perties at the intersection of Spring Street and Route 2. BOUDREAU Mr. Snow reported that Mr. Raymond F. Boudreau had come to the office during the past month and discussed unsuccessful attempts which the latter had made to acquire the Alexander lot on Garfield Street. (See January 22, 1957 minutes), then read SUNNYRNOLL to the Board a copy of Mr. Edwin V. Hadley's December 6, 1957 TERRACE letter to Mr. Boudreau setting forth circumstances in regard to the Alexander estate and the decision to let the lot go for taxes. (See addendum.) Mr. Snow stated that he had sent a copy of said letter to Mr. Stevens, had discussed the problems involved with him, and now asked that the Board consider the matter further. Mr. Stevens explained that if, as stated, the 1957 taxes had not been paid, the Town could ask the Tax Collector to make a taking at the present time and that two years thereafter the Town could foreclose the tax lien. Th a action would be too late for the Town to give the subdivider rights to construct a street across the land because he wants to proceed promptly. Another way of handling the situation would be for the Town to make a taking by eminent domain for a street site but this would require a town meeting vote. It seemed to Mr. Stevens that Mr. Boudreau might pur- chase frau John Alexander's estate and widow all the right, title and interest that he had in the premises, and on this basis claim the right to put the street through and go ahead and build it. Meanwhile, the Town could take the lot for non- ' payment of taxes and in due time acquire title. The Board re- quested Mr. Snow to talk with Mr. Boudreau about proceeding with the latter suggestion, it being the sense of the discussion that the Planning Board was not inclined to have the Town make an eminent domain taking. Mr. Stevens left the meeting at 10:10 p.m. FORM A Considered next was the following Form A application for determination of Planning Board jurisdiction: #58-5, submitted January 23, 1958by Moore Realty Trust; plan entitled "Amended Plan of Land in Lexington, Mass.", Scale: 1" = 40', dated Nov. 1957, Fred A. Joyce, surveyor. Upon motion duly made and seconded, it was unanimously VOTED: That the Board determines that the plan accompany- ing. Form A application #58-5 does not require approval and that said plan be signed bearing the endorsement "Lexington Planning Board approval under Subdivision Control Law not required." Mr. Snow reported that an January 27, 1958 there had been submitted applications for approval of two definitive subdivision plans, the first by Outhet Realty Trust and the second by Ernest 1/27/58 J. Corrigan. The first plan was entitled "Oak Knoll Section OAK KNOLL Two Lexington-Masa.", and dated Dec. 18, 1956; the second, SEC. 2 "Loring Hill Estates Section Two Lexington-Mass.", and dated Dec. 17, 1957. Public hearings relative to said applications LORING HILL were scheduled for 8:00 p.m. and 8120 p.m. respectively, an ESTATES February 18, 1958. SEC. 2 The Chairman reported that he had discussed with Mark BURNHAM FARMS Moore, Jr. the Board's proposal, as set forth in the January LAND FOR 13, 1958 minutes, in regard to the proposed addition of a RECREATION second section of the Burnham Farms development, and the PURPOSES recommended acquisition by the Town for recreational pur- poses of some of the land involved in said development. Read to the Board and discussed by it was a January 22, 1958 letter from Mr. Moore agreeing to the Board's proposal with certain stipulations. It was decided to reply to Mr. Moore (1) that the Board would not require Mr. Moore to install utilities in that portion of Emerson Road from the easterly boundary line of Mr. Moore's land to East Street, said por- tion of Emerson Road to be constructed over the land owned by Oscar B. Kendrick; (2) that the Board could not grant Mr. Moore the right to fill in land 150 feet beyond Lot 10 fronting an Adams Street for the reason that this would elim- inate a portion of the flooding basin in which the Town now had an easement and flowage rights. (See addendum for copy of Mr. Moore's letter and the Board's reply.) A draft of an article for the January 30, 1958 issue WILLARD LAND of the Lexington Minute-man was reviewed by the Board and approved for publication. Said draft set forth the Board's announcement that it was recommending purchase of that portion of the Willard property southeasterly of North Street, said portion consisting of approximately 58 acres, one third of which was covered by mixed woods, that this is one of the last large remaining wooded areas in Lexington not under de- velopment, that open portions of the Willard land adjoining the woods could be planted at little expense for future wooded areas, that the Board had made considerable study of the possible uses of the area and believed that its acquisi- tion is most desirable for Lexington's recreational needs of the future, etc. The meeting adjourned at 11:10 p.m. Levi Cl. Burnell, Jr. Clerk ADDENDUM December 6, 1957 Mr. Raymond F. Boudreau, 79 Lowell Street Lexington, Massachusetts Dear Mr. Boudreau: I understand that you have some interest in property in Lexington which stands in the name of the late Theodore Alexander, who died in 1919 when he was living at 83 Camden Street, Boston, Massachusetts. His wife was then dead, and his children were John, Hattie, Mary, and Lena. Mattie and Mary died some years ago and their estates were probated and closed. John died on Dec- ember 23, 1956, and his estate is in the process of being probated. Lena is still living in New York, in an institution. None of these four children had any children of their own, and John's estate will go to his widow. When Theodore Alexander died he left no assets except the Lexington real estate, he did not leave a will, and no administra- tion was taken out. His son, John, paid the real estate taxes during all of the years after his father's death, and hence would be entitled if the real estate were sold in a probate to recapture these taxes, which would be more than the value of the property. Apparently no one has ever been willing to take out administration on Theodore's estate, and John's widow expressly declines to do so and has instructed me, as her husband's executor, to let the property go for taxes. Very truly yours, Edwin W. Hadley January 22, 1958 Chairman of Planning Board Planning Board Lexington, Mass. Dear Mr. Grindle: I will agree to your tame with these stipulations: 1. That I will not install any utilities in Emerson Road from air first road on left to East St. approximately 1150 ft. through the Kendrick land where utilities are of no benefit to my subdivision. 2. That for 150 ft. beyond lot 10 on Adams St., I may fill land to 176° elevation without losing any flooding area for the town thus making one building lot. I lost two lots in Section I because of the 70 ft. town road and its particular place it had to run in Section I. These two lots I valued at a minimum of $2000.00 each making a total of $4000.00. 1/27/58 Tour offer of $6000.00 leaves an actual total of $2000.00 for all the land northeast of Vine Brook which I maintain can make six lots without the house on North St. I do not feel that $2000.00 is a fair exchange for that land valued to me at $10,000.00, but if you do feel that your offer is fair as you have informed me, I will go along with it as I have previously agreed so that I may not be de- layed in developing land that will mean even more cost to me. Hoping that all things work out well for the town and myself in this area. Respectfully yours, Mark Moore, Jr. January 30, 1958 Moore Realty Trust 3 Diehl Road Lexington 73 Mass. Re: Burnham Farms Sec.II Dear Marks Replying to your letter of January 22, 1958, the Planning Board is in agreement with your first request tJa►t you will not be required to install any utilities in Emerson Road from your land to East Street. In regard to your second request regarding the filling 150 ft. beyond lot 10 on Adams Street, the Planning Board cannot agree with this statement because in their opinion it is not allowable to fill this land. Sincerely yours, LEXINGTON PLANNING BOARD /s/ Thomas S. Grindle, Chairman