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HomeMy WebLinkAbout1959-08-10I PLANNING BOARD MEETING August 10s 1959 A regular meeting of the Lexington Planning Board was held in the Board's office, Town Office Building, on Monday, August 10, 1959 at 7:50 p.m. Present were Chairman Abbott, Members Burnell and Soule, and Planning Director Snow. Town Counsel Stevens was also present from 9:45 p.m. to the end of the meeting. The Board approved the minutes of its July 13, 1059 meeting. MINUTES Approved also by the Board were the follow- ing bills which had been presented for payment: BILIS Graphic Reproductions, Inc., white prints -48.63; David R. Cooper, professional services, July 27 through August 7, 1959 and allowance for car mileage --,202,60; American Society of Planning Officials, planning advisory service reports-- �15.00. Taken under consideration next were the fol- lowing Form A applications for determinations of FORMS A Planning Board. jurisdiction: #59-54, submitted August 3, 1959 by William F. Caterino, Trustee, Oakmount Realty Trust; plan entitled "A Subdivision of Land Court Case No. 26325 Lexington, Mass.", Scale: 1t1 = 40t, dated July 29, 1959s Miller & Ny- lander, C . F. 1 s F.- Surveyors. #59-55s submitted August 7s 1959 by Carl G. Neilson; plan entitled "Plan of Land in Lex- ington, Mass.", Scale: 1" = 301, dated July 22, 1959s Miller & Nylander, C.E.'s & Sur- veyors. #59-56, submitted August 10, 1959 by Fdw. 1. Higgins, Agent, Anthony A. DeGuglielmo; plan entitled "Plan of Land in Lexinwton, Mass.", dated August 6, 1959s Scale: 1" = 801.9 Mac- Carthy Engin eerirg Service Inc., Natick. Upon motion duly made and seconded, it was unani- mously ' VOTED: That the Lexington Planning Board determines that the plans accompanying Form A applica- 8-10-59 tions #59-54 and -159-55 do not require I approval under the Subdivision Control Law, and that said plans be so endorsed. At 8:40 p.m. Attornev Edward T. Martin, MAPLE Architect Charles H. Cole, Realtor Harry G. Bergland, STREET and Mr. Vincent Ipnolito, representing those inter - GARDEN ested in developing the Maple Street garden apart - APARTMENT ment district, met with the Board to discuss what ' PLANS progress had been made in assembling the various parcels of land involved into one ownership, and in preparing plans for the garden apartment development. Mr. Cole discussed with the Board a complete set of plans, dated April 10, 1959s for a new addition to VOTED: That the Board determines that the plan accompanying Form A application #59-56 does not require approval under the Subdivision Control Law, and that said plan be so en- dorsed with the added notation "but the par- cel having; 37.95 acres as shown does note have the frontage required under the Lexing- ton Zoning By-law and so-called Ingleside Road is not recognized as a way by the Lex- ington Planning T'oard.'t Considered also by the Board were the peti- BOARD OF tions to be heard by the Boar6 of Appeals on August APPEALS 11, 1959. It was decided to take no action in re- gard to said petitions with the exception of that VINE BROOK of the Vine Brook Realty* Trust. -1111th reference to REALTY said petition, the Planning Board had held on August TRUST 31 1959 a conference with the Selectmen and Board of Appeals for the purpose of informing them of the WALTHAM current status and the Planning Board's considera- STREET tion of the plans which had been submitted with the GARDEN Trust's petition. Before and after said conference APARTMENT the Planning Board had met informally to discuss a ' PLANS draft of its final .report in regard to said petition. (See Planning Board minutes of July 27, 1959.) The draft had afterward been sent to each Planning Board member for further consideration and approved indi- vidually by said immbers. Reaffirming this deci- sion, upon motion duly made and seconded, it was unanimously VOTED: to adopt, as a formal and final report of the Board, the August 5s 1959 letter to the Board of Appeals with reference to the Vine Brook Realtq Trust 'petition for approval under See - tion 5 (g) 1. of the Lexington Zoning By-law for a determination that the plans and use including; the site, plans, and building design constitute a desirable development in and will not be detrimental to tre neighborhood. (See addendum.) At 8:40 p.m. Attornev Edward T. Martin, MAPLE Architect Charles H. Cole, Realtor Harry G. Bergland, STREET and Mr. Vincent Ipnolito, representing those inter - GARDEN ested in developing the Maple Street garden apart - APARTMENT ment district, met with the Board to discuss what ' PLANS progress had been made in assembling the various parcels of land involved into one ownership, and in preparing plans for the garden apartment development. Mr. Cole discussed with the Board a complete set of plans, dated April 10, 1959s for a new addition to 1-10-59 FPO ' Garden Crest, Inc,, said plans having been prepared for presentation to the Federal Housing Agency as mortgagee insurer. Mr. Cole used these plans to ex- plain to the Board how he proposed to prepare similar plans for presentation to the Planning Bo, -rd and the Board of Appeals for approval at a later date. There was also presented to the Board a plan entitled "Land Use Study't and dated November L{, 1958 as an alternate scheme for the development of the Maple Street garden apartment district. It was pointed out that said scheme was notpresented at the public hearing on the proposal to rezone the area of land on Maple Street from R 1 to A 1 use. Mr. Martin contended, however, that while the plan itself was not presented at the hearing he mentioned that the group he represented did not have an option on the Chapman land, that there was a possibility it might not be involved in the group's proposals, and that Mr. Cole had described briefly and in a general way of what an overall development plan would consist if the Chapman land were not included in the groupts final proposal. (See Planning Board's minutes of February 25, 1959.) Mr. Iartin said that in case the corporation ' being; formed did not the Chapman land that purchase said corporation was proposing to present for consid- eration to the boards concerned said alternate land use study plan. He asked that the Board consider said alternate plan and render an informal opinion in regard to the same, stating that the corporation wished to know if there was anything about said study plan which was obviouslz. unsuitable to the Planning Board. Mr. Cole stated that if the Chapman land were not purchased at this time, the alternate plan as shown could not be expanded because of the difference In topography between the lower land parallel to the proposed location of Fmerson Road and the higher land on which the Chapman residence was located. Mr. Cole stated that if all the properties In the apartment district were developed at the same time, the higher Chapman land could be graded and used for fill. He noted, however, that without utilizing the Chapman nroperty a high retaining wall would have to be con- structed along the southwesterly side of the service road shown on the alternatd plan. In regard to said plan the Board questioned such details as the distance between certain buildings and the location of the ser- vice road. Mr. Cole was requested to furnish a print on the land use study plan for the Planning Board's ' use. The Chairman stated that the Board would con- sider said plan and inform the corporation through Mr. B-10-59 of the Boardts opinion in regard to the proposal. I Thereupon the representatives of said corporation left the meeting, the time being 9:40 p.m. Mr. Stevens then came to the meeting. He HAWTHORNE discussed first of all the situation in regard to ACRES the Hawthorne Acres, Sec. 1 subdivision developed SEC. 1 by the Esco Builders Corporation. There was first presented to the Board a letter dated Aug. 6, 1959 ESCO from the Supt, of Public Works describing the BUILDERS rather unusual situation which had developed at the end of Hathaway Road as completed by the subdivider. There was also read to the Board a letter, dated August 10, 19591 from said Supt. of Public Works stating that all work in the subdivision had been completed to his satisfaction with the exception of Hathaway Road between Stations 24 + 75 and 25 a- 29.86. With reference to the Superintendent's recom- mendation in his August 6, 1959 letter that said corporation enter into an agreement with the Town to repair the end of Hathaway Road, uhich agreement would be secured by a deposit of X1000 covering a period of two years, Mr. Stevens presented such an agreement which he had prepared and which had been duly executed by said corporation on August 5, 1959. ' Thereupon, in reliance upon said agreements and aFter a motion had been duly made and seconded, it was unanimously VOTED: to release the performance bond, dated July 29, 1957P filed by Esco Builders Corporation, as Principal, and Massachusetts Bondinu and In- surance Company as Surety, in the penal sum of $96,000.00 to secure the performance by the Principal of the obligations of the subdivider as set forth in the application for approval of a definitive subdivision plan, Form C, dated June 6, 1957s to complete the work to be performed as shown on the subdivision plan entitled "Hawthorne Acres Section One Lexing- ton, Mass.", dated May 29, 1957. Considered next was the request of Wynwood OAK HILL Associates, Inc. to be released from the covenant ESTATES said corporation had entered into with the Town of SEC. 2 Lexington and to substitute therefor an agreement secured by a deposit. Presented to the Board was W`YNWOOD a letter, dated July 29, 1959, from the Supt. of ASSOCIATES Public Works with reference to said Oak Hill Estates INC. subdivision, stating that the required work to be performed was approximately 60 percent complete. Mr. ' Stevens presented also an agreement executed by —.dl Considered next was the anolication of the Waymint Realty Trust for approval of the "Paint PAINT Rock" definitive subdivision elan. Mr. Stevens ROCK" presented in duplicate performance bonds which had been duly executed by said Trust. All matters WAYMINT appearing to be in order, upon motion duly made REALTY and seconded, it was unanimously TRUST VOTED: that the definitive subdivision plan en- titled "'Paint Rock' Lexington, Mass.", dated May 19, 1959, which was submitted to the Board by Waymint _Realty Trust on June 221 1959, accompanied by an application for approval of definitive plan, Form C.- dated ,dated June 12, 1959, be and hereby is approved. The Board's attention was called to Mr. Paul J. McCormack's August 10, 1959 letter to the Plan- MCCORMACK ning Board with reference to a petition he had PROPOSED filed with the Board of ' Appeals seeking a variance REZONING to construct a professional office building at the VARIANCE property numbered 789 Massachusetts Avenue. (See Planning Board minutes of June 1, 1959.) The Plan- '4ynwood. Associates, Inc. and dated August 10, 1959 wherein said subdivider agreed to complete all the work in the subdivision by September 1, 1960 and deposited as security for the same a sum of $15,261.90 as represented by savings accounts in the Lexington Federal Savings & Loan Assn. and in the Watertown Federal Savings & Loan Assn., all as set forth in the agreement. It was noted that the Sunt. of Dublic Works' estimate of the cost of all the work to be done by the subdivider was A373000i and that the deposit of t15,000 is slightly in excess of 40 percent of such estimated cost. Upon consid- eration thereof, and upon motion duly made and seconded, it was unanimously VOTED: to accept the agreement executed by Ilynwood Associates, Inc. on August 10, 1959 and the security= for the performance of said agree- ment, and to release all lots in the "Oak Hill Estates, Section Two Lexington, Mass.` subdivision from the provisions of the coven- ent executed by Wynwood Associates, Inc., dated April 4, 1959, and recorded in the Middlesex South District Registry of Deeds in Book 9404, page 146. ' The Board then executed said release which was ac- knowledged by Mr. Stevens. Considered next was the anolication of the Waymint Realty Trust for approval of the "Paint PAINT Rock" definitive subdivision elan. Mr. Stevens ROCK" presented in duplicate performance bonds which had been duly executed by said Trust. All matters WAYMINT appearing to be in order, upon motion duly made REALTY and seconded, it was unanimously TRUST VOTED: that the definitive subdivision plan en- titled "'Paint Rock' Lexington, Mass.", dated May 19, 1959, which was submitted to the Board by Waymint _Realty Trust on June 221 1959, accompanied by an application for approval of definitive plan, Form C.- dated ,dated June 12, 1959, be and hereby is approved. The Board's attention was called to Mr. Paul J. McCormack's August 10, 1959 letter to the Plan- MCCORMACK ning Board with reference to a petition he had PROPOSED filed with the Board of ' Appeals seeking a variance REZONING to construct a professional office building at the VARIANCE property numbered 789 Massachusetts Avenue. (See Planning Board minutes of June 1, 1959.) The Plan- P-10-59 -4- ning Board sought Mr. Stevens' counsel in regard to ' reasons to set forth in opposing the granting of such a variance. He stated that among reasons which could be given were (1) a variance for such use in a two- family district was beyond the legal jurisdiction of the Board of Appeals; (2) a variance for said use would be a change in zoning without a change in the zoning by-law; and (3) there would be no basis for granting a variance on account of hardship because other use can be made of the property. Mr. Stevens reviewed with the Board his con - COLONIAL ference with Mr. Snow and later with Mr. Anderson, ACRES SEC. 3 Chief Engineer, Land Court, relative to the differ- ence between the Colonial Acres, Sec. 3 Vine Brook VINE BROOK Meadows, Sec. 1 definitive subdivision plans. Mr. MEADOWS Stevens presented for the Board's information a copy SEC. 1 of Mr. Anderson's August 5, 1059 letter to Mac- Carthy Engineering Service relative to said differ- ences. (See addendum.) The meeting adjourned at 10:50 p.m. 4 Richard H. Soule Clerk ' Discussed next with Mr. Stevens was the situ- MORELAND AVE. ation in regard to obtaining an option to purchase - land for the extension of Buckman Drive within the BUCKMAN DT7TVE water easement the Town had in marts of lots 11 and 12, Moreland Avenue. (See minutes of June 291 1959 STREET OPTION Planning Board meeting.) Mr. Snow gave a report of - attempts to interest Mr. Luongo, owner of lots 101, 11 LUONGO and 12, and Mr. Collins, owner of lot 13, all on Moreland Avenue, in selling these lots to reliable builders in such a manner that lot 10 and part of lot 11 outside of said easement could be assembled as one larger house lot and lot 13 m d part of lot 12 outside the easement assembled into a second larger lot. In view of the desirability of fronting houses on the larger lots on Buckman Drive, Mr. Snow also reported on estimated betterments which he obtained from the Town Engineer. It was decided to ask Mr. Luongo for what price he would sell his land within the water easement as compared to a price for lots 11 and 12. Mr. Snow was asked to discuss the matter with him. The meeting adjourned at 10:50 p.m. 4 Richard H. Soule Clerk ' 8-10-59 -4- ADDENDUM August 5s 1959 Board of Appeals Town Office Building Lexington 73, Mass. Re: Vine Brook 'Realty Trust !ialtham Street garden apartment development Gentlemen: Reference is made to your July 13, 1959 letter and its accompanying; set of clans. The Planning Board herewith submits its final report thereon with. recommendations to the Board of 5 -,)peals In reply to said letter and in accord- ance with aec . 5 kr) 5. of the Zoning B-; -law. The Planning Board recommends that the building loca- tions shown on the site plan be r-iven further study. It is believed that the buildings should be farther apart and arranged in such a manner as to present a general feeling of more spaciousness, especially in this particular neighborhood where the residences are a single story in height and sixty feet apart on the average. The Board suggests that this may be accomplished by locating Capt. Parker Lane outside the building restriction line, by eliminating one building from the development plan, and, because of the land area involved, by assembling some apartments in such a manner as to obtain under the zoning 1,77 -law the maximum number of units in one buildins7. Greater space between buildin^s would allow room for the location of outdoor sitting areas, for the location of numerous walks not now shown on the plan, and for the plantinf; of a number of larger trees to provide shade, variety, and amenities to what the Board considers to b e rather uniform design and arrangement of buildings, "'r1th reference to the suggested relocation of Capt. Z Parker ane, it is recommended that the present layout be given additional stud's, particularly with reference to the location of the proposed subdivision street on the opposite side of Jorthen Road. The location of the lane outside the The Planning Board has examined the plans with the view that zonin!? regulations and restrictions were designed among other rurposes to conserve the value of land and buildings, to encourage the most appropriate use of land throughout the town, and to preserve and increase its amenities. The Board has examined the plans also with the view that the ','altham Street apartment district is surrounded by a single family residential district in which all lots being laid out now or in the future must have a minimum front- age of 125 .feet and an area of at least 15,500 square feet, pith these points in mina the following matters are set forth for consideration. The Planning Board recommends that the building loca- tions shown on the site plan be r-iven further study. It is believed that the buildings should be farther apart and arranged in such a manner as to present a general feeling of more spaciousness, especially in this particular neighborhood where the residences are a single story in height and sixty feet apart on the average. The Board suggests that this may be accomplished by locating Capt. Parker Lane outside the building restriction line, by eliminating one building from the development plan, and, because of the land area involved, by assembling some apartments in such a manner as to obtain under the zoning 1,77 -law the maximum number of units in one buildins7. Greater space between buildin^s would allow room for the location of outdoor sitting areas, for the location of numerous walks not now shown on the plan, and for the plantinf; of a number of larger trees to provide shade, variety, and amenities to what the Board considers to b e rather uniform design and arrangement of buildings, "'r1th reference to the suggested relocation of Capt. Z Parker ane, it is recommended that the present layout be given additional stud's, particularly with reference to the location of the proposed subdivision street on the opposite side of Jorthen Road. The location of the lane outside the P-10-59 building restriction line would allow more space for ' buildinlrs and grounds, would allow a parking area to be located beyond the lane and other parking areas to be redesigned inside the restriction line. Further- more, the lane located outside said line and opposite the proposed subdivision street between "orthen and Winthrop Roads would eliminate any possible conflict between the location of said ways. Final plans should include the profile as well as grades and proposed drains on Capt. Parker Lane. In addition to the above, the Planning Board recommends the parking area design and location be given considerable stud-r.-4hi.le it appears that the total space for parking is sufficient, it is the opinion of the Board that the usable space in the parking areas themselves is much less than indicated on the site plan. It is recommended that the areas be redesigned so that automobiles can be maneuvered into position in all stalls, and that the latter be ten feet wide. In some instances the park ng areas shown on the plan are too close to buildinFs, in other instances inconveniently located or located in such a position as to impair views from living rooms, entries and front yards. In the opinion of the Planning Board better location of parking areas would be more com- patible with residential design and would allow ample space for tree and shrub plantings. 'a.ith reference to the buildings themselves, the Planning Board is primarily interested in exterior appearances. It should be noted, however, that the plans for the buildings as now presented are of third class construction whereas second class construction is required under the town's building by-law. Changes in the plans to meet this requirement need not affect the exterior design of the buildings whereas some other required changes of major importance might. Pro- vision for ventilating crawl spaces and attics, for direct outside access to boiler rooms, and such other details as the location of chimneys in relationship to boiler rooms and incinerators probablir would affect the exterior appearance of buildings and necessitate some minor changes in site planning. In addition, window shutters, louvres, and other external features shown on the architect's sketch published before the public hearing on September 11, 19581 have been omitted from the building plans. The Planning Board believes that changes and developments can be made In the submitted plans to make ' them acceptable. It is hoped that the developer will cooperate with the Planning Board in making detailed and final plans which the Board can recommend. The Planning; Board recommends that the plans in 8-10-59 —5— their present form be disapproved. Sincerely yours, cc: Town Counsel LEXINGTON PLANNING BOARD Be.of Selectmen /s/ Charles T. Abbott, Chairman August 5, 1959 MacCarthy 1r,(-ineerin g Service cc: Parks & Stevens, Esqs. 200 West Central Street 30 State St. Natick, Massachusetts Boston, Massachusetts Re: Land in Lexington Dear Sirs: Your plan of the Colonial Levelopment Corporation subdivision dated March 201 1c)59 was filed with us on July 28, 1159. Lots 57, 61, 62, 63, etc. bound by the East bank of Vine. Brook. Recently, the developer on the other side of Vine Brook, filed with the Lexington Town Counsel a plan by Miller and Nylander which shows one lot reaching to the ' Fast bank of said brook. Comparing the two plans, we find that there is an overlap of 151 or 40'. The Town Counsel has had the Town Engineer 'or Lexington check with Miller and Nylander on their location of the Easterly bank of the brook and seems to feel that the 'filler and Nylan(er plan is correct. Looking at ,your plan, I note that you do not show any survey lines which reach close to the brook and that you do not show any l,)cation of the sewer manhole which is at the bend in the 65% sewer easement which lies somewhat North- easterly of the brook. If we extend the line of the sewer, which .you do show upon your plan, in a Northerly direction, the 404.49' which is shown on the decree plan as being the distance between the two sewer manholes, we arrive at a point which is not within the extension Southwesterly of the 65t sewer easement from IVnthrop Road as you have marked that portion of the easement 1.ipon your plan. It therefore can be said that your plan does not seem to be consistent with the decree plan. Can jrou explain the reason for this? If ,your nlan is in error with respect to the easement, it may also be in error with respect to the location of the East bank of V'ne Brook. !ould you please •rerify the line of the brook also. ' Under t'_?ese circumstances, we will not be able to 8-10-59 stamp any instruments for Lots 57, 611 62 and 63. ' Very truly .yours, Isl Charles H. Anderson Chief Engineer, Land Court 1 C