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HomeMy WebLinkAbout1959-07-13PLANNING BOARD MEETING July 13, 1959 A regular meeting of the Lexington Planning Board was held in the Planning Board office, Town Office Building, on Monday, July 13, 1959 at 7:45 p.m. Present were Chairman Abbott, Members Burnell, Grindle, Mabee and Soule, and Planning Director Snow. Town Counsel Stevens was present from 9:00 until the end of the meeting. The Board approved the minutes of its June 8, 16, 222 and 29, 1959 meetings. The Bosrd also approved the following bills which had been presented for ayment: Spaulding - Moss Co., drafting supplies --2.40; Graphic Repro- ductions Iwhite'prints-4-3-99.; epro-ductionsIhite`prints---3.99; H.B.McArdle, office supplies--$3.60;"L.M.Foster,Inc., office supplies --46.79; David R. Cooper, professional services June 29 throunh July 10, 1959--$200.00. Considered next by the Board were the fol ' lowing; Form A applications which had been submitted for determination of Planning Board jurisdiction: #59-49, submitted July 3, 1959 by -Dianne S. p.Kensler by Win S. Couette, Agt.; plan en- titled "Plan of Land in Lexington, Mass.", scale 1" = 40', dated May 20, 1959, Miller Nylander, C.E.'s & Surveyors. #59-50, submitted July 10, 1959 by Colonial Development Corp., Frank Capaldi, Atty.; plan entitled "Subdiv,sion of Part of Lot 3 as shown on Ld.Ct.27677A2 in Lexiner Mass.", scale: 1" = 101, dated April 14, 1959, Mac- Carthy r gineerin,7 Service, Inc. Upon motion duly made and seconded it was unani- mously VOTED: that the plans accompanying Form A applica- tions #59-49 and „459-50 do not require approval under the Subdivision Control Law and that the plans be so endorsed. The Boa.rd's attention was called to the pre- liminary subdivision plan entitled "Proposed Subdi- vision of Land in Lexington Mass."j, dated July 3, MINUTES BILLS FORMS A 7-13-r9 PRELIMINARY 1959 and submitted by Mr. George Avadanian on July SUBDIVISION 13 for approval. Mr. Snow was asked to make a study PLAN plan of the general area northwesterly of Woburn street and northeasterly of Lowell street with the AVADANIAN idea of making recommendations to the Board in regard to the Avadanian plan. Speaking for the subdivider, Mr. Moore discussed the plan pointing out that the proposed dead end street having the name Paint Rock Circle' was planned for the s ' purpose of subdividing into three lots existing lot 23 having an area of about 2.6 acres and fronting on Turn- ing Mill Road. The Board called Mr. Moore's attention to the fact that so-called "Mountain Road", which was considered by the Board to be a private way, was not shown on the plan he had prepared. He was requested to locate the way on the ground and then plot said way on the plan. There were questions and a discussion among those attending the hearing in regard to the status of "Mountain Road". Attorney Smith pointed out that Mr. Burnham's property was located in Burlington and ad - ,joined the proV6sed subdivision. Mr. Smith claimed that Mountain Road was a public way, contending that it should be so labeled on the plan and shown also to pro- tect Mr. Burnham's interests in the way. Wen asked by the Board if "Mountain Road" was mentioned in the deed to Mr. Burnham's nropertys Mr. Smith said it was not. Mr. Smith, however, exhibited recorded plans drawn to scale but on which the way's status was not indicated or the way's width not shown by any dimension. Attorney Kobrick, on the other hand, contended that the Planning Board had already determined the status of the way when it approved the 'Middle Ridge Section Two" subdivision ' plan on which "Mountain Road" was shown as a private way. At 8:00 p.m. the Board held a public hearing relative to the application of Waymint Realty Trust for WAYMINT approval of the definitive subdivision plan entitled REALTY "Paint Rock Lexington, Mass." and dated May 19, 1959. TRUST Nine persons attended the hearing including A. Morris _ Kobri.ck, attorneys Mr. Joseph W. Moore, surveyor, and PAINT Mr. H.S.B.11hite, all representing said trust; Mr. ROCK William I. Burnham and his attorney, Francis W.K.Smith; and Mr. and Mrs. John T. Rule III, 47 Turning Mill Rd., Lexington. The Chairman read the notice of the hearing as it had been sent to all persons deemed to be affected and as it had been published in the June 251 1959 issue of the Lexington iiinut e -man . He then explained the pro- cedure in conducting the hearing and called upon the subdivider to present his plan. Speaking for the subdivider, Mr. Moore discussed the plan pointing out that the proposed dead end street having the name Paint Rock Circle' was planned for the s ' purpose of subdividing into three lots existing lot 23 having an area of about 2.6 acres and fronting on Turn- ing Mill Road. The Board called Mr. Moore's attention to the fact that so-called "Mountain Road", which was considered by the Board to be a private way, was not shown on the plan he had prepared. He was requested to locate the way on the ground and then plot said way on the plan. There were questions and a discussion among those attending the hearing in regard to the status of "Mountain Road". Attorney Smith pointed out that Mr. Burnham's property was located in Burlington and ad - ,joined the proV6sed subdivision. Mr. Smith claimed that Mountain Road was a public way, contending that it should be so labeled on the plan and shown also to pro- tect Mr. Burnham's interests in the way. Wen asked by the Board if "Mountain Road" was mentioned in the deed to Mr. Burnham's nropertys Mr. Smith said it was not. Mr. Smith, however, exhibited recorded plans drawn to scale but on which the way's status was not indicated or the way's width not shown by any dimension. Attorney Kobrick, on the other hand, contended that the Planning Board had already determined the status of the way when it approved the 'Middle Ridge Section Two" subdivision ' plan on which "Mountain Road" was shown as a private way. 7-13-59 At the conclusion of the discussion, the Chairman requested from those attending the hearing an indication of those who were in favor or opposed to approval of the plan. Four persons indicated that they were in favor of the plan being approved, two persons were opposed to such an approval, three persons gave no indication of their opinion. The Chairman stated that the plan would be taken under advisement and declared the hearing closed at 8:25 p.m. Thereupon, those attending the hearing left the meeting. The Board considered next Mr. Tropeano's July 6, 1959 letter in reply to the Board's letter of June 24, 1959. (See Planning Board's minutes of June 220 10/59.) It was decided to discuss this letter with the Town Counsel and to authorize Messrs. Abbott and Snow to reply to said letter in the name of the Board. (See addendum.) From 8:35 to 8:45 p.m. Messrs. James A. and Robert Carrig, and Wilbur C. Nvlander met with the Board to submit a rreliminary subdivision plan en titled "Preliminary Plan of Lots in Minute Man High Lands Section Four Lexington -Mass.", dated July 9, 1959. Mr.Carrig gave an explanation of his proposal and of the letter which accompanied the application. He asked in considering the plan that the Board approve a reduction ir the width'of "A" Street from that as shown on the plan to 50 feet. With reference to the Board's previous meeting with Mr'. Carrig, (see Planning Box d minutes of June 29, 1959), Mr.Carrig was informed that the Board would write to the Chief Engineer, State Department of Public Works, sending him a cop7r of said plan and asking that said department inform the Board if it planned to make an additional taking of Carrig land for said highway purposes before the Board was re- quired to take action on the application for approval of said plan. Read to the Board was Mr. Maloney's June 30, 1959 letter in regard to amending the zoning by-law to provide for an increase in the number of asso- ciate members of the Bond of Appeals. The Board approved a draft of a reply to the Selectmen in re- gard to the Planning Board's willingness to hold a public hearing on the proposed amendment and to insert in the warrant for a special town meeting ' an article to provide for said amendment. (See addendum.) -2- VINE BROOK REALTY TRUST GARDEN APARTMENT DEVELOPMENT MINUTE MAN HIGH LANDS SEC. 4 CARRIG BOARD OF APPEALS ZONING AMENDMENT 7-13-59 The Board discussed next the June 291 1959 ' EMERSON letter from Bruce Campbell &: Associates in re - ROAD gard to said firm's report with reference to the proposed location of Emerson Road from Massachu- setts Avenue through the Peacock Farms development to the Cambridge -Concord highway. The letter was placed on file and Mr. Snow authorized to send to Mr. Campbell additional traffic volume study data with reference to intersections through which traf- fic would pass before or after utilizing the pro- posed Fmerson Road location from Massachusetts Avenue to Route 2. At 9:00 p.m. Town Counsel Stevens and Mr. McCORMACK Carroll, Supt, of Public Works, and Messrs. PRELIMINARY McCormack, Brun,and Nylander came to the Planning SUBDIVISION Board meeting to continue a previous discussion in PLAN regard to the plans for the development of the McCormack -Brun property in the vicinity of the Harrington School. (See minutes of the June 292 1959 Planning Board meeting.) Because of a pre- vious schedule Mr. Nylander had been unable to pre- pare plans for the Boards consideration. He did, however,file with the Board a letter and plan dated July 13, 1959. In view of the foregoing, Mr. Snow ' was asked to prepare a study plan in which the original proposal of Messrs. McCormack and Brun dated April 26, 1957, would be superimposed for comparative purposes on the study plan which Mr. Snow had prepared and which was dated August 24, 1958, Mr,Carroll agreed to confer with Mr. Snow in regard to the relative costs of constructing roads and utilities as shown on said plans. It was decided that upon completion of said study plan the Board would again meet with Messrs. Mc- Cormack and Brun to discuss the estimated costs of said proposals. Thereupon, Messrs. McCormack, Brun, Nylander, and Carroll left the meeting at 9:45 p.m. BATTLE GREEN VILLAGE The Board endorsed the Middle Ridge, Sec - SEC. 3 tion 3 and the Battle Green Village, Section 3 de- & finitive subdivision plans. These were given to MIDDLE Mr. Stevens for recording, at such time asallRIDGE matters in regard to said subdivisions appeared to SEC. 3 be in order including receipt by him of properly executed grants of easements in said subdivisions. The. Board's attention was called to the fact that there had now been received from the Supt, of ' Public Works evidence of satisfactory performance for the required work to be completed by the sub- 7-13-59 -3- ' divider to serve Lot 10 in the Adams Estates, Sec- tion 2 subdivision. All matters appearing to be in order, upon motion duly made and seconded, it was unanimously VOTED: ;^Whereas the work required to be completed by the subdivider to serve Lot 10 in Adams Es- tates, Section Two, has been completed, as appears in letter from the Superintendent of Public Works dated July 13, 1959, and, there- fore, the obligations of Emanuele M. Coscia, Jr under his agreement with the Town dated May 112 190 have been fulfilled, that the sum of $500.00 deposited by said Coscia as security for the performance of that agree- ment be released and returned to him. There was then held with the Town Counsel a general discussion of current work and problems be- fore the Board. Thereafter the meeting adjourned at 10:15 p.m. Richard H. 3orle Clerk ADDENDUM July 222 1959 M-. Alfred P. Tropeano 114 Waltham Street Lexin-.ton 73, Massachusetts Re: Vine Brook Realty Trust Garden Apartment Development Dear Hr.Tropeano: The Planning Board has considered carefully your letter of July 6, 1959. The Boa^d does not agree with the statements set forth therein. From the very beginning when the "';Waltham :Street apartment district was proposed, the Board and the Planning_ Director have attempted to be helpful in all matters in regard to the proposal and to work with you in good faith. —7.th this in mind six schemes for a site plan were prepared under the Board's direction 7-1j-59 for the Trust's consideration, all of said schemes using ' the Trust's building plans and, it is believed, meeting all other requirements. Two of the plans showed a lane outside the restriction line. However, Mr. Manaselian, the Trust's architect, stated in a letter of February 5, 1959 that these proposals were not acceptable for various reasons. Furthermore we agreed, at the suggestion of Mr. Stevens, that -Re would work with the Trust torevise plans to a form which could be recommended by the Planning Board to the Board of Appeals. We feel that we have had very little cooperation from you in this respect, you having insisted on presenting essentially the Trust's original set of plans. The Board could go on in detail and answer your accusations against it and the Planning Director. The members do not feel that this would be either helpful or appropriate. The Board has viewed the case and feels satisfied that there has been no lack of cooperation or desire to help you in your development by either the Planning Board or the Planning Director. Very truly yours, LEXINGTON PLANNING BOATED /sf Charles T. Abbott, Chairman ' cc: T.H.Reenstierna Board of Appeals Board of Selectmen Town Counsel July 13, 1959 Board of Selectmen Town Office Building Lexin7,ton 73, Mass. Gentlemen: Reference is made to Mr. Maloney's June 30, 1950 letter. In order to assist the Board of Appeals in regard to this matter the Planning Board, on its own initiative, will be glad to hold a public hearing on a proposed amendment to the zoning by-law to provide for an increase in the number of associate members of the Board of Appeals. However, in order to comply with Chapter 317 of the Acts of 1959 amend - Ing the Zonng Enabling Act, the Planning Board will be re- quired to publish a notice of a hearing on the adoption of ' a zoning by-law amendment not less than 21 days before the 7-13-59 -4- ' date of said hearing. Therefore it will be appreciated if you will notify the Planning Board well in advance of any proposed special town meeting this fall in order that an advertisement for such a hearing may be rrepared and in order that the Planning Board may comply with the above statutory amendment. cc: Board of Appeals Town Counsel 1 Sincerely yours, LEXINGTON PLA'?NING BOARD /s/ Charles T. Abbott, Chairman