HomeMy WebLinkAbout1958-01-27n
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PLANNING BOARD MEETING
January 27, 1958
A regular meeting of the Lexington Planning Board was
held in the Town Engineer's Room, To11n Office Building, on
Monday, January 27, 1958 at 7130 p.m. Present were Chairman
Grindle,.Members Burnell and Jaquith, and Planning Director
Snow. Mr. Abbott was present until 8110 p.m., Town Counsel
Stevens from 10t00 -10x110 p.m.
Mr. Abbott gave a report of the conference he, Mr.
Burnell, and Mr. Snow had held in regard to the anticipated
traffic to be generated by a proposed regional shopping
center which representatives of Filene's wished to locate on
Swenson and contiguous properties. Based on 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.
Gummere of Filene's the anticipated volumes of traffic which
would come to the canter over various routes.
Mr. Abbott left the meeting at 800 p.m. At the same
time members of the Capital Expenditures Conmi.ttee and its
secretary, Mrs. Donald E. Tucker, came to the Planning Board
meeting. The following committee members were presents
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
some of its proposals and estimate costs thereof for school
sites, recreation areas, roads, etc. which it was thought
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 9130 p.m.
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At 10:00 p.m. the Board returned to the Town Engineer's REGICNAL
Room to continue its meeting. Town Counsel Stevens met with SHCPPING
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 Torn ballot in March for the
purpose of determining the will of the voters in locating a.,
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 coxae ,
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
SUNNMOLL 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 Tam could ask the Tax Collector to make
a taking at the present.tire3 and that two years thereafter the
Town could foreclose the tax lien. Th s 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 from 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 1040 p.m.
FORM A Considered next was the following Form A application
for determination of Planning Board jurisdictions
#58-5, submitted January 23, 1958'by Moore Realty Trust;
plan entitled "Amended Plan of Land in Lexingtca, Mass.",
Scales 1" = 101, dated Nov. 1957, Fred A. Joyce, surveyor.
Upon motion duly made and seconded, it was unanimously
VOT®s That the Board determines that the plan accompany
4mg.Form A application #58-5 does'not require
approval and that said plan be signed bearing the
endorsement "Lexington Planning Board approval
udder Subdivision Control Lana not required."
Mr. Snow reported that on 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
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' J. Corrigan. The first plan was entitled "Oak Knoll Section
Two Lexington -Mass.", and dated Dec. 18, 1956; the second,
"Loring Hill Estates Section Two Lexington -Maas.", and dated
Dec. 17, 1957. Public hearings relative to said applicatims
were scheduled for N OO p.m. and WO p.m. respectively, an
February 18, 1958.
The Chairman reported that he had discussed with Mark
Moore, Jr. the Board's proposal, as set forth in the January
13, 1958 minutes, in regard to the proposed addition of a
second section of the Burnham Farms development, and the
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 on 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 fon the January 30, 1958 issue
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
portico 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 11x10 p.m.
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Levi G. Burnell, Jr.
Clerk
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LORING HILL
ESTATES
SEC. 2
BURNHAM FARMS
LAND FOR
RECREATION
PURPOSES
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Mr. Raymond F. Boudreau,
79 Lowell Street
Lexington, Massachusetts
Dear Mr. Boudreau:
December 6, 1957
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, Mattie, Mary, and Lena. Mattie and Mary died same 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. Nave 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 me has ever been willing to takeout administrations
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
Chairman of Planning Board
Planning Board
Lexington, Mass.
Dear Mr. Grindles
January 22, 1958
I will agree to your terms with these stipulations
1. That I will not install any utilities in Emeracn Road
from rV first road on left to East St. approximately 450 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 1761 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 $11000.00.
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Your 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 tam 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, 19583 the Planning
Board is in agreement with your first request that 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 allwable to
fill this land.
Sincerely yours,
I.EKINGTCK PLANNING BOARD
/s/ Thcws S. Orindls, Chairman
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