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HomeMy WebLinkAbout1959-01-13 PLANNING BOARD MEETING January 12, 1959 A regular meeting of the Lexington Planning Board was held in the office of the Planning Board, Town Office Building, on Mon day, January 12, 1959 at 7:30 p.m. Present were Chairman Grindle, Mem- bers Burnell, Jaquith and Soule, and Planning Director Snow. Town Counsel Stevens was present from 9:15 to 9:40 p.m. The Board approved the minutes of August 18 and December 29, 1958 meetings. MINUTES Approved also by the Board was the Wright and Pierce's final bill of $839.00 for preparation of BILL a town map, said map to be paid from the Planning Board' s base map account. There being an unexpended balance of approxi- mately $113 in said account, it was decided to TOWN MAP employ Mr. Lichtenberg of the Town Engineering De- partment to add to the new town map, on his own time, and to the limit of funds in said account, streets shown on the latest definitive subdivision plans approved by the Board. Mr. Snow was asked to make arrangements for this work and after its completion to give the map to the Town Engineer with the understanding that it was to be kept and maintained by him. Considered next were the following Form A applications for determination of Planning Board FORMS A jurisdiction : #59-2, submitted Jan. 12, 1959 by Trustees of Lexington Park Trust, Loring P. Jordan, Jr., Atty ; plan entitled "A Subdivision of Land Court Case No. 6962 Land in Lexington, Mass.", scale• 1" = 100 ', dated January 6, 1959, Miller & Nglander, C.E. 's & Surveyors. #59-3, submitted Jan. 12, 1959 by Trustees of Lexington Park Trust, Robert C. Linnell, Trustee; plan entitled "Plan of Land in Lex- ington, Mass.", scale: 1" = 100' , dated Dec. 10, 1958, Miller & Nylander, C .E. 's & Sur- veyors. #59-4, submitted Jan . 12, 1959 by Trustees of Lexington Park Trust, Robert C. Linnell, Trustee; plan entitled "Resurvey and Sub divi- 1-12-59 sion of Land Court Case No. 6962, Land in Lexington, Mass.", scale: 1" = 601 , dated December 10, 1958, Miller & Nylander, C.E. ' s & Surveyors. #59-5, submitted Jan . 12, 1959 by Trustees of Lexington Park Trust, Robert C. Linnell, Trustee; plan entitled "Plan Showing Area Occupied by Ingeborg N. Swenson and Others as Tenants on Spring Street in Lexington, Mass.", scale : 1" = 1001, dated Dec . 20, 1958, Miller & Nylander, C.E. 's & Surveyors. After due consideration, upon motion duly made and seconded, it was unanimously VOTED: that the Lexington Planning Board determines that the plan accompanying Form A application #59-2 does not require approval under the Subdivision Control Law on condition that Lot Z3 is to be conveyed to the owner of lots 239 and 240 and that upon such conveyance said lot Z shall be deemed combined with said lots 239 and 214.0 into one lot for all pur- poses, and that said plan be so endorsed. VOTED: that the Board determines that the plans accompanying Form A applications #59-3 and #59-5 do not require approval under the Sub- division Control Law, and that said plans be so endorsed. VOTED: that the Board determines that the plan accompanying Form A application #59-4 does not require approval under the Subdivision Control Law on condition that lot X2 is to be conveyed with lots 223 through 228 inclu- sj,ve and that upon such conveyance said Lot X shall be deemed combined with said lots 223 through 228 into one lot for all purposes, and that said plan be so endorsed. Considered next was the January 9, 1959 letter from Mr.Tropeano, attorney for the Vine Brook Realty Trust, requesting that the Planning Board grant a further extens4on of the time within which the Board must take final action regarding the Vine Brook Meadows definitive subdivision plan. (See minutes of December 8, 1958 Planning Board Meeting. ) Upon motion duly made and seconded, it was unanimously 1-12-59 -2- VOTED: that pursuant to the written request from the applicant the time of approval of the defini- VINE tive subdivision plan entitled "Vine Brook BROOK Meadows" and dated May 14, 1958 be and hereby MEADOWS is further extended to and including March 2, 1959. Mr. Snow distributed to members of the Board copies of the Lincoln Zoning By-law, Section 9, rela- PROPOSED tive to area and yard regulations. With the view of ZONING preventing further evasion of some of the purposes BY-LAW of Lexington's zoning by-law in regard to lot area and AMENDMENT frontage, he recommended that said excerpt serve as a basis for drafting similar provisions amending said YARD by-law and that the Board present such an amendment for REGULATIONS the Town' s consideration. The Board decided that a similar amendment was needed and asked Mr. Jaquith to study the matter further and prepare a draft for its consideration. Mr. Snow reported that he had discussed with the Town Counsel and the Town' s Superintendent of BOB INNIS Public Works the desirability of acquiring as an LAND FOR addition to the proposed recreational area adjacent RECREATION to the Hastings School and as an additional access AND OTHER to said area the parcel of land at the end of PURPOSES Roosevelt Road. He said that the Town proposed to construct a sewer from the end of Roosevelt Road across said parcel to the trunk line sewer extension parallel to Route 128. Mr. Snow showed a plan of the irregular parcel of land and proposed sewer easement across it noting that said parcel was approximately 23,500 square feet in area and did not have sufficient frontage to meet the minimum requirements of the Lex- ington Zoning by-law. In view of the necessity of the Town taking a sewer easement across the land before the end of January, he suggested that the whole parcel might be acquired for a small additional cost to that which the Town might have to pay for damages. The Board authorized Mr. Snow to negotiate with Mr. Innis of Billerica, reported owner of said parcel, to see at what price the owner would be willing to sell the parcel to the Town. At 9:15 p.m. Mr. Stevens came to the meeting to discuss town planning matters of interest to the Board. SALE OF He reported that he had discussed with the Building CHRISTMAS Inspector and Mr. Snow the increasing problem of in- TREES dividuals and organizations in town selling Christmas trees outside the business districts. Since this matter was not covered in the zoning by-law, Mr. Stevens suggested that the Board consider preparing 1-12-59 an amendment to said by-law wherein the Board of Appeals might grant as a seasonal permitted use the sale of Christmas trees in residential districts. Mr. Snow reported on a proposal the Chairman SUBSOIL of the Board of Appeals had asked him to discuss with REMOVAL the Board for purpose of obtaining the Planning Board' s views on the matter, namely, that a builder had discussed with said chairman the possibility of obtaining permission to remove the major portion of the bluff at the westerly corner of Massachusetts Avenue and Pelham Road for the purpose of erecting houses on three lots fronting on this location. Mr. Stevens commented on the proposal stating that the Chairman of the Board of Appeals had discussed the matter with him. It appeared to be the unanimous opinion of those present that the removal of subsoil from the three lots under consideration, as contem- plated by said builder, would not conserve the value of land and buildings in the vicinity or preserve and increase the amenities of the neighborhood, particu- larly since the lots were within the Munroe Historic District. Mr.Snow was asked to convey this opinion to the Chairman of the Board of Appeals. At 9:40 p.m. Mr. Stevens left the meeting and WORTHEN the Planning Board met with the Selectmen to discuss ROAD the preliminary engineering plan for the layout of Worthen Road from Massachusetts Avenue to Waltham Street, said plan following the recommendation of the Planning Board as set forth in its letter of July 14, 1958 to the Selectmen . (See Planning Board minutes of said dajte and Selectmen 's minutes of January 12, 1959 in regard to the Worthen Road dis- cussion. ) At 10:20 p.m. the Planning Board returned to PROPOSED its meeting. Discussed first was the January 10, 1959 STATE letter from the Chairman of the Legislative Committee, BOARD OF Massachusetts Federation of Planning Boards, in re- APPEALS gard to the introduction of a Resolve for an order that the Mercantile Affairs Committee be directed to study and report drafts of legislation to establish "a state board of appeals to which appeals may be made from the decisions of local boards in planning zoning and subdivision control matters. " It was decided to go on record as being opposed to the adoption of the pro- posed order and to write letters to the State Senator and Representatives in the appropriate districts includ- ing Lexington asking them to vote against such an order. From notes dictated by the Board, Mr. Snow was asked to draft such letters for the Chairman's signature. (See addendum. ) 1-l2-59 -j- After ai discussion s on of other matters g currently before the Board, the meeting adjourned at 11:00 p.m. (VIL_ ichard H. Soule Clerk Addendum January 26,1959 Senator William C .Madden, 955 Massachusetts Ave. , Lexington, Massachusetts. Dear Senator Madden: The Lexington Planning Boardts attention has been called to a Resolve understood to have docket No. 1253 for an order that the Mercantile Affairs Committee be directed to study and report drafts of legislation to establish "A State board of appeals to which appeals may be made from the decisions of local boards in planning, zoning and sub division control matters." This language would indicate that amendment of a zoning by-law or acts of town Board of Appeals would be included. Also that the legislation might include veto power over town by-laws. Legislation such as proposed would put an end to home rule. A political appointed State Board would replace the courts in most cases. The Planning Board wishes to be placed on record as being strongly opposed to this resolve and urges that you vote against the question of adopting the order. By voting against such an order it is understood that you will be voting for fair rules and procedures, backed up by the statutes and the courts. Sincerely yours, LEXINGTON PLANNING BOARD /s/ Thomas S. Grindle, Chairman