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HomeMy WebLinkAbout1959-01-19PLANNTNG BOAPD MEETING January 19. 1959 A regular meeting of the Lexington Planning Board was held in the office of the Board, Town Office Building, on Monday, January 19, 1959 at 7:45 p.m. Present were Chairman Grindle, Members Burnell, Jaquith and Soule, and Planning Director Snow. The secretary, Mrs. Baker, was present dur- ing the hearing, as noted below. The Board approved the minutes of its Jan- MINUTES uary 5, 1959 meeting. Considered next and approved by the Board was the final draft of a statement of policy on POLICY ON matters presented at hearings, said statement hav- HEARINGS Ing been prepared as a result of the Board's in- formal meeting on January 171 1959 to discuss cer- tain erroneous statements set forth in a notice which had been called to the Planning Board's atten- tion during the previous week. (See addendum.) It was decided to publish the Board's statement of policy in the next issue of the Lexington Minute- man. (See addendum.) The Board's attention was called to a peti- tion dated December 19, 1958 and certified by the REZONING Town Clerk on January 19, 1959 as having been PROPOSAL signed by 11.4.2 qualified registered voters of Lex- ington, said voters petitioning the Planning Board MAPLE ST. to hold a public hearing and prepare a final report A 1 of recommendations for the 1959 Annual Town Meeting DISTRICT on the proposal to rezone to an A-1 Garden Apartment and Hotel District a certain area of land fronting on Maple Street. It was decided to schedule said hearing for Wednesday, February 25, 1959 in Esta - brook Hall. The area deemed to be affected was selected for the purpose of notifying all property owners therein. Mr. Snow was requested to make the necessary arrangements for the hearing including the preparation of the advertisement for the hearing and the estimaton of costs for determining the fee to pay for all expenses in connection with said hearing. Mr. Snow reported that Mr. Mark Moore, Jr. of BURNHAM Todd Realty, Inc. had filed a properly executed bond FARMS ' In connection with the Burnham Farms, See. 3 sub- division plan. It was decided, however, to take no SEC. 3 - action on the application for approval of said plan TODD until all minor corrections and changes to be made REALTY on the -olan had been completed. 1-19-59 -�- Read to the Board was the Town Clerk's January 19, 1959 letter advising that Mr. Antonio Busa had notified him of the filing of Green Valley, Sed. 4 definitive subdivision plan, dated Jan. 121 1959. It was decided that the application for approval of said plan was not deemed to have been submitted for the reason that as of this date a topographical plan of the subdivision required in this instance had not been filed. At 8:30 p.m. the Board held a public hearing relative to the application of the Lexington Development Companzr for approval of a definitive subdivision plan CsT�TtS entitled "Lowell Fstates Lexington, Mass." and dated - Dec. 1, 1058. The Chairman read the notice of the hear- ing as it has been sent to all property owners deemed ed�co�N�crr to be affected and as it has been published in the Janu- ary 1, 1959 issue of the Lexington Minute -man, There being too many persons present to be accommodated in the Town Engineer's Office, the hearing was recessed and reconvened in Estabrook Hall, Cary Memorial Build- ing at 8:h5 p.m. At this time there were 129 persons present including Mr. George J. DeVries and Attorney Eugene L. Tougas, both representing the Lexington Development Company. The Chairman again read the notice of the hearing and then recognized Mr. William Hammer, President of the Sun Valley Association. In regard to the notice to which reference was made at the portion of the Planning Board meeting held prior to the hearing, Mr. Hammer read the following statement which he asked to have made part of the record of the hearing: Errata Sheet for Inclusion with Other Matters of Public 1?ecord During Planning Board Meeting on Mondavi Manuary 19, 1959 We wish to acknowledge an error contained in the recent notice which was sent to all residents of Sun Valley, Lexington concerning the application of the Lexington Develonment Company* rend, -ng before the Planning Committee of the Town of Lexington. ?pie stated in this notice that the Lexington Plan- ning Board had advised us that all interested parties might attend this meeting . and this statement was inadvertently follow6d by another which should have been a separate sentence indicating our purpose in register- ing protests to the application before the Board. Tab hereby apologize for any embarassment we may have caused this impartial body who are empowered merely 1-19-59 -3- to conduct the hearing and record testimony from all parties involved. FOR SUN VALLEY ASSOCIATES TNC. Is% William Hammer President Mr. Tougas then presented the Lowell Estates subdivision plan which had been placed on view. He said that the plan was a proposal for developing a section of the entire area of land shown on the Planning Board's overall study plan. (Note: Said study plan was entitled "Suggested Subdivision of DeVries and Adjacent Land in Lexington, Mass.", prepared for the Lexington Planning Board June 30, 1958 by Samuel P. Snow and dated June 30, 1958.) He then described the definitive plan showing about fifty lots fronting on a street system having access to Lowell and Maple Streets a storm drain- age system which would flow into Munroe Brook, and a sewer system which would be connected to a Metro- nolitan District Commission trunk sewer. Mr. Tougas concluded his presentation with the following state- ments: 'There is in the recores of the Planning Board a certificate from the Town Engineer attesting to the fact that these plans conform wi-th the rules and regu- lations of the Town of Lexington, that means construc- tion of the ways proposed and the construction and in- stallation of municipal services. '^le presented the plans to the planning Board in the full belief that they conformed to the Subdivision Control Law and as such are entitled to approval." Shortly after the hearing began Mr. Jaquith stated that an error had just been found in the date of the notice of the public hearing, the year 1958 being used instead of 1959. He asked if the peti- tioners had any objection to continuing the hearing because of the error. Mr.Tougas said they had not but asked if Mr. Jaquith had called the matter to the Town Counsel's attention. When Mr. Jaquith stated that he had just discussed the error with the Counsel attending; another meeting, Mr. Tougas said that the petitioners would abide by whatever decision the Counsel made in regard to the matter. Mr. Jaquith then asked those present at the hearing whether or not angone objected to continuing the hearing because of the error, pointing out that the Planning Board would have to re -advertise the hearing if there were any ob- jection. No one objected. Many questions were asked In regard to the type, style, and price of houses to be built in the proposed 1-19-9 -4- subdivision. A number of questions were also asked about the grading of house lots in said subdivision as well as comments made about work done in the Sun Valley development. Both Mr. Grindle and Mr. Jaquith pointed out that these questions and comments were not pertinent ones, and that the Planning Board's only jurisdiction was over the laying out of the ways under the Town's subdivision rules and regulations and had nothing to do with houses. It was also pointed out that buildings and other matters involving other areas and places could not affect the hearing on the application for approval of the Lowell Estates subdivision and that the Planning Board would prefer that such matters not be discussed. Mr. Maurice F. Shaughnessy of 19 Wheeler Road stated that the residents of the Sun Valley area would like to discuss and protest these matters at the hear- ing since there would not be another time at which they might protest. He said that the Sun Valley residents feel that the Planning Board has more than a "mechanical duty" in considering the application before it and that goodjudgmentshould enter into the Board's decision. He then read and presented to the Board the following petition which he asked be made a part of the record of the hearing, said petition being signed by 197 taxpayers, all of whom with few exceptions lived in the Sun Valley development. "We, the undersigned, all residents of Lexing- ton, Massachusetts, and property owners and taxpayers thereof, hereby contest the application of the Lexing- ton Development Company (known as Lowell Estates) to build homes on lands abutting Maple and Lowell Streets in Lexington, because these same interests by virtue of their method of operation will injure future tax- payers and cause embarrassment and expense to the Town of Lexington;. because these interests have consistently shown bad faith in the compliance with numerous con- tracts, have issued false and misleading statements through advertising and publicity in various media, have violated numerous oral and written obl;gations to Lexington taxpaye^s and to the Town of Lexington, have promised a certain, so-calldd "green belt" area, in- cluding the top of NIhipple Hill, to the Town of Lex- ington and prior to its transfer sold a part of this land, have failed properly to convey easements for roads as required by the Town, and have failed to pro- vide a recreation area for a previous subdivision, as advertised in writing, thereby failing to provide the full valuation anticipated by the purchasers. We the undersigned, respectfully submit that be- cause of the objections described abo-e, the applica- tion of the Lexington Development Company- should be 1-19-59 dismissed and denied." Someone asked Mr. Tougas if it was planned to provide anv recreational area in the proposed develop- ment. T'e said that each house lot in the subdivision would have an area of 301000 square feet or more and with such a large lot it would be up to the home owner to furnish a recreational area. Mr. Shaughnessy pointed out that under Chapter 41 of the General Laws the Planning Board in its discretion might require that a portion of the subdivision be set aside for new= creational use. He said that there was no playground in the immediate vicinity of some 200 house lots. It was asked if the subdivision plans con- formed to the Planning Board's overall study plan of the general area. Mr. Jaquith said it did not, stating that the differences were found in the location of points of access which the Planning Board was trying to obtain to -protect the five or six adjoining property owners. It was then asked if the plans had to be re- drawn and if so, if there would be any hearings on the revised plans. The inquirer was told that the Board could approve the plans with amendments. Mrs. ifilliam C. McGrath of 282 Lowell Street asked if the strip of land adjacent to her lot was to be used for trucking. Mr. Tougas said that there were no plans for such use, that the parcel was not needed for access to a lot, and that the land in question might be for sale. Mr. Theodore E. Shasta, attorney for Mr. P. K. Pappas of 188 Lowell Street, said he objected to the subdivision plan in that a proposed way ended at the Pappas property line and did not connect to an exist- ing street. An inquiry was made In regard to the Planning Board's requirements as to sidewalks and where they would-be located within the subdivision. It was stated that while the Board had not determined yet where sidewalks -ii_ght be required in the subdivision, it was the Board's policy now to require that each principal street constructed under the Subdivision Control Law have a sidewalk on at least one side if not two sides, of said street andthot any sidewalk constructed would be located entirely within proposed rights-of-way. A person commented on swampy conditions exist- ing within the nronosed subdivision and asked if the -5- 1-1Q-59 SE Planning Board believed it was proper land to be built upon. It was nointed out that the subdivision plan had been submitted to the Board of Health for approval and that the planning Board would not approve the plan until it had been acted upon by said Board of Health. The procedure in regard to the subdivider sub- mitting a performance guarantee and what said guarantee was for was explained in answer to several questions in regard to this matter. One person asked what recourse a property owner had if the bond filed with the Planning Board did not cover damage to a lot owner's property. It was stated that this was a matter between the lot owner and the subdivider or contractor performing the construc- tion work. The Chairman asked for an expression of opinion in regare to approval of the subdivision plan. No one wished to be recorded in favor of approval of said plan. All present indicated that they were opposed to the plan's approval. Thereupon, Mr. Tougas made the follow- ing statement: "We are here because of your demands that we have a public hearing with regard to the processing of a plan to subdivide the land where new ways are to be created. There is need for the furnishing of utilities. The specifications for the cors tructibn of the ways and the furnishing of utilities as set forth in the rules and regulations have been processed by the town engineer and the superintendent of public works. He has filed a letter showing this plan does conform. We feel we have complied with all rules and regulations and therefore request approval." Mr. Tougas then read from a portion of Chapter 41 of the General Laws in regard to Planning Board approval of plans which conform with subdivision rules and regula- tions. The Chairman stated that the plans would be taken under advisement and adjourned the hearing at 10:10 p.m. However, members of the Board remained for some time thereafter to explain the subdivider's plan and to answer questions of many persons who wished to view said plan individually. At 10:40 p.m, the Board returned to its meeting, WALTHAM ST. this time in its office in the Town Office Building. A 1 DISTRICT Messrs. T. H. Reenstierna, Arthur G. Manaselian, archi , tett, and Wilbur C. Nylander, civil engineer, met with the Board_ to discuss the Vine Brook Realty Trust's plans for the Waltham Street garden apartment district. Discussed 1-19-59 -7- LUCKY PENNY & MERYL ROBERT TRUSTS were (1) the Trust's original scheme entitled "Preliminary Site Plan Garden Apartment Devel- opment Lexincton Massachusetts" prepared by 4rthur G. Manaselian &-, Associates, said plan hav- ing no scale and being undated but the one which was presented at the public hearing held by the Planning Board on Sentember 11, 1938 and at the snecial town meeting held on September 15, 1958; (2) the location of Worthen Road as shown on said plan (and on another plan having the same title, drawn at a scale of 1r = 40', and dated Oct. 9, 1958), with reference to the true location of said road on the northwesterly side of Waltham Street; (3) the status of the preliminary subdivi- sioh plan entitled "clan of Proposed Lotting in Lexington, Mass.", dated Feb. 6, 1958, prepared by Miller & Nylander, and approved only partly and informally by the Board in its letter of Feb- ruary 27, 1958 to Mr. Tro-oeano; (4) costs of con- structing Worthen Road across lands of the Vine Brook Realty Trust; and (5) Mr. Jaqui_th's Decem- ber 91 1958 letter to the Selectmen and the plans referred to in said letter. Mr. Reenstierna re- quested that the location of Worthen Road as shown on the Board's November 281 1958 plan referred to in said letter be moved so as to be at least 75 feet northeast of the centrally located building ' facing Worthen Road as shown on the Trust's Oct- ober 91 1958 preliminary site plan, a copy of which was left with the Board. Members of the Board said they would take the equest under considera- .tion. Nhereupon, Messrs. Reenstierna, Manaselian and Nylander left the meeting. From 11:20 to 11:35 p.m. Mr. Joseph W. Moore, surveyor, of Bedford met with the Board seeking its informal opinion in regard to a pro- nosal for subdividing for residential purposes land on the westerly side of Grove Street, said land being understood to have been formerly owned by Messrs. Ferguson and potter but now owned by the Lucky Penny and Meryl Robert Trusts. Mr. Moore showed the Board an untitled print of a subdivision plan and explained the Trust's pro- posal. Members of the Board questioned road alignment, grades, crossing of high pressure gas line, length of dead-end streets and access to adjacent properties. Mr. Moore was told that the Board did not wish to render an informal opinion in regard to the plan. It was suggested that the proposal be completed and submitted as a prelim- inary plan under the Board's subdivision rules and regulations. -7- LUCKY PENNY & MERYL ROBERT TRUSTS 1-19-59 In view of the large amount of unfinished business which the Board had been una'lkle to act upon, , it was decided to hold a special meeting on January 22, 1959 at 7:30 p.m. The Board adjourned its m-eting at 11:45 p.m. Richard H. Soule, Clerk ADDENDUM NOTICE To Whom It May Concern: The DeVries Construction Company has applied to the Lexington Planning Board for permission to develope a subdivision known as "Lowell Estates." There will be a public hearing on the application on Monday evening, January 19, 1959 at 8:30 -o-m- in The Town Engineers ' Room at the Town Office Building. The Lowell Estates are to be located southerly of the intersection of Maple and Lowell Streets and lies opposite Sun Valley on the other side of Lowell Street. All residents of Lexington and particularly all residents of Sun Valley are urged to attend this hear- ing for *purposes of opposing the granting of permission. The Town Planning board has advised that all interested parties attend this meeting in person for the purpose of registering a large number of protests to any develope- ment that the DeVries Construction Company is interested i -n. Your interest and support is needed by the Town and by Sun Valley and for your own best interests. Please plan on being there. If you need Transportation or other information please call anv of the names below: Mr. Currie Downey VO -0841 Mr. Mike Shaugnessy VO 2-4867 Mr. Fred Hatch VO -2-2646 Mr William Hammer VO 2-5909 Mr. John MollivVO 2-5620 - - - - - - - - - - - - 1-19-59 m ' LPXINGTON PLAN7TNG BOARD Policy on Matters Presented at Hearings In connection with the foregoing and other matters presented at hearings before the Planning Board, the Board makes the following statement: The 'Manning Board is required by law to hold public hearings on anDlications for sub -division approval and nro- Dosed changes in zoning by-laws. The purpose of these hear- ings is to allow the public an opportunity to find out the facts pertaining to the matter presented at the hearing and to give any person who desires to speak on the matter an opportunity to do so. The policy of the Planning Board in regard to these hearings is to take no position on the matter presented until after the bearing except where the nronosal is one originating with the Board. The Planning Board feels that this policy is essential in order that it may nroperly perform its functions as an administrative board required by law to decide questions of a judicial nature, or to make recommendations to the Town, on matters involved in these hearings. Under this policy the Board takes no part in the activities of any individual or group In regard to the hearings. The Board neither encourages nor discourages attendance at the hearings but it does, when asked, inform interested persons about the procedure at hearings, including the opportunities given for speak- ing in favor of or against a specific matter. The fore- going policy is one of long standing but apparently not th_oroughlp understood by all citizens of the Town. LEXINGTON PLANNING BOARD (Signed) Charles T. Abbott Levi G. Burnell Thomas S. Grindle Wilbur M. Jaquith Richard H. Soule 1