Loading...
HomeMy WebLinkAbout1960-06-06 PLAY'UNG BOARD MEETING June 6, 1960 A regular meeting of the Lexington Planning Board was held on Monday, June 6, 1060 at 7 :45 p.m in the Board 's office, Town Office Building Present were Chairman Burnell, Members Grindle, Mabee and Soule, and Planning Director Snow The Board annroved the minutes of its meet- MINUTES ing of May 9, 1060. Approved for nayment by the Board were the following Presented bills: Joan MacDonald, assem- BILLS bling zoning by-laws-- 23.13; Spaulding-Moss Co. , drafting sunpiies-42.4B. Considered next by the Board was the follow- ing Form A application for determination of Plan- FORM A ning Board jurisdiction #60-41, submitted June 1, 1960 for Robert Doran by Mark Moore, Jr. ; plan entitled Plan of Land in Lexington, Mass. ", Scale: ' 1" = 40' , dated Apr. 27, 1060, Miller 2- Ny- lander, C .E ' s & Surveyors. Upon motion duly made and seconded, it was unanimously VOTrn- that the Lexington Planning Board determines that the elan accompanying application #60- L1 does not require approval under the Sub- division Control Law, and that the plan be so endorsed with the notation that Parcel A2 does not have the minimum frontage required by the Lexington Zoning BY-law. Taken under consideration also was Mr. Jenkins ' request for an informal opinion in regard BOARD OF to a proposed resubdivision of lots owned by Walter APPEALS M. Black and abutting on Minola Road. (See minutes of May 31, 1060 planning Board meeting ) It was BLACK & decided to inform Mr. Jenkins that the Planning JENKINS Board would not oppose a petition to resubdivide lots on which the Black residence, garage and shop were located provided a variance was granted to allow the building used as a shop to be maintained on lot numbered 1 until such time as Mr. Black no longer used the building, or until his passing, it being required at either time that said building be removed from the lot and a variance granted to main- 6-6-60 -2- tain the 2-car garage on the Black lot Black lot with insufficient rear yard as required by the Zoning By-law. The Board approved the draft of a letter to ZONING the Selectmen in reply to their letter of May 31, ENFORCEMENT 1960 with reference to zoning enforcement. (See addendum; also minutes of May 31, 1Q60 Planning Board meeting. ) HAWTHORNE ACRES Mr. Snow distributed to the Board copies of LAND FOR PUB- his letter of June 6, 1960 to the Town Counsel with LIC RECREATION reference to undertaking negotiations to acquire from Esco Builders, Inc . land for street and recrea- ESCO BLDRS. tion purposes. (See addendum; also minutes of May 31, 1960 Planning Board meeting.) Considered next by the Board was a suggested McCORMACK letter to Mr. Paul J. McCormack in reply to his of LAND FOR April 27, 1960 in regard to the possible acquisition RECREATION by the Town of a portion of the McCormack-Brun land for recreational purposes. The Board approved the letter which was signed by the Chairman . (See adden- dum; also minutes of May 9, 1060 Planning Board Meeting ) There was then held a discussion of untitled VINE BROOK study plans, dated May 19, June 2 and June 6, 1960, REALTY which were prepared by Mr. Snow or under his direc- TRUST tion for the development of the Waltham Street gar- - den apartment district site. Mr. Burnell informed ?1TALTHAM ST the Board that he had delivered prints of each of A 1 DISTRICT the plans to Mr. Manaselian ' s office for the archi- SITE PLAN tect and representatives of the Vine Brook Realty Trust to consider. Mr. Snow stated that it was his opinion that the plan dated June 6, 1960 was the most satisfactory and the one he recommended the Board adopt. The Board approved said plan. From 9:00 to 9:30 p.m. Town Counsel Stevens met with the Board to discuss current problems which the Board had under consideration. Mr Snow discussed with the Board studies LFXINGTO7 INN that had been made under his direction of Mr. Mana- A 1 DISTRICT selian's site plan and parking area for the pro- SITE PLAN posed shower and locker building at the Lexington Inn. (See minutes of May 31, 1060 Planning Board meeting ) The studies included a topographical elan of existing conditions, a redesign of the park- ing area suggested by Mr. Manaselian, and three pro- posals for a supplementary parking area and access road to serve the shower and locker building and as b-b-60 -j- ' a supplementary parking area for the Inn itself. Mr. Snow stated that at the request of Mr. Burnell he had discussed these studies with Mr. Nickerson, Chairman of the Board of Appeals. Mr. Snow also stated that he had discussed Mr. Manaselian' s peti- tion with the Town Counsel and had been informed that the Board should consider Mr. Manaselian ' s peti- tion as an application from the Associates Realty Trust for a determination to approve site, plans and building design for a proposed shower and locker building and related parking area accessory to the Lexington Inn. The question was raised as to whether or not the proposed shower and locker building was to be an accessory use for overnight guests at the Inn or whether it was to be used for a proposed swimming club. There was doubt that the second use was a suitable and permissible use under the zoning by- law, it being pointed out that there had appeared in Lexington and Bedford papers advertisements for swimming pool privileges at the Inn. The question was also raised as to whether or not there should be permitted any supplementary parking facilities in connection with the swimming pool when the Board had never received any verification of the existence on the site of 110 suitable *parking places which were required when the Planning Board had approved the site plan for said Inn. (See minutes of November 23, 1959 Planning Board meeting. ) Before taking action on the application or the ttudies which Mr. Snow had had made it was requested that he obtain copies of said advertisements, ciscuss them with Town Counsel, and prepare for the Board's consideration at its next meeting a draft of a final report to the Board of Appeals in regard to the Manaselian petition. After a creneral discussion of a summer program for the Board and a list of work projects for the staff, the Board adjourned its meeting, the time being 10.40 p.m Irving H. Mabee, Clerk ADDENDUM June 6, 1960 Board of Selectmen Town Office Building Lexington 73, Mass. Gentlemen: 6-6-60 Deference is made to your letter of May 3.1, 1960 in regard to the enforcement of the zoning and sign by-laws. Since the Planning Board for the most part initiates and recommends passage of the Zoning By-law and in conjunction thereof is especially interested in the Sign By-law, the Board cannot agree to anything less than complete enforcement of said laws. It should be noted that they are approved by two-thirds of the Town Meeting Members at the time of their passage and, as finally printed, approved by the Attorney General of Massachusetts . For this reason alone the Planning Board believes there should be strict compliance with them in all cases both now and in the future. It is the intent of the Planning Board, in recommend- ing any revisions of the by-laws, that they be no less restrictive than they are at present. To do less would, in the opinion of the Board, not fulfill several purposes of the Zoninc* by-laws set forth in the General Laws, namely, " . to conserve the valla of land and buildings ; to encourage the most appropriate use of land throughout the . . . town; and to preserve and increase its amenities. " Sincerely yours, LFXTNGT0TT PLAYTTTNG BOARD /s/ Levi G Burnell, Chairman June 6, 1960 Mr. Harold E. Stevens Town Counsel of Lexington 84 State Street Boston 9, Massachusetts Dear Harold With reference to our conversation Wednesday evening, attached herewith is one copy each of a letter, dated April 6, 1960, from Donald N. Sleeper, Jr. to the Plan- ning Board and the Board's reply of April 21 w th refer- ence to the Board's interest in acquiring for playground, recreation and other Public purposes the remainder of the Esco Builders land in the Hawthorne Acres development . The land involved is shown on the accompanying three prints, numbered 4, 5 and 6, of what were intended to be part of the Hawthorne Acres definitive clan referred to in Mr. Sleeper 's letter. As soon as you are through with these prints please return them to me. 6-6-60 -5- As I believe I informed you, the Planning Board met with Messrs. Sleeper and Spagnuola about a month ago in pre- liminary negotiations to acquire said land and has an appointment to meet with them again . However, discussing the matter at its meeting Tuesday evening, it was the opinion of the Board that more satisfactory results might be obtained if you would negotiate the purchase price of the land directly with Mr. Sleeper. (It certainly would be more convenient for him for he is a Selectman of Burlington and has to miss at least part of the Selectmen ' s meetings there when he meets with the Lexington Planning Board on Monday evenings. ) In accordance with the Board' s request, therefore, I am asking that you undertake such negotiations as may be necessary to acquire the land at the most favor- able price which can be obtained for the Town. To assist you in the matter I set forth the following information. Mr. Spagnuola offered to sell to the Town the remainder of the Esco Builders ' land, about nine acres, for $13,500 or Lots 1.4.1, 42, 43 and 44 to the Town for 27,000 with the understanding that he build what will eventually be Emer- son Road. The Board decided that the first of the two choices Mr. Spagnuola offered was the one which would best serve as a basis for negotiating the acquisition. There were a number of reasons for this, one of the principle ones being that the Board did not believe it is in the best Interests of the Town to waive Sec . IV A.!4 .a of the Subdivi- sion Rules and Regulations by extending the Hawthorne Acres subdivision when it has only one means of access, Hathaway Road, and particularly when there is little likelihood that a second means of access can be provided in the near future. The Board offered Mr. Snagnuola $10,000 for the land-49,000 for the nine acres and X1,000 as reimbursement for the attached 10-lot plan which followed an earlier preliminary plan prepared by the Planning Board. (As planned now Emer- son Road will follow to a large extent the location of the pronosed road on the Hawthorne Acres plan. ) The Board' s offer was based on Neil Cronin 's evaluation and Mr. Berg- lund' s preliminary appraisal of the land, both persons in- forming me that the land was worth about X1,000 per acre. As to the land itself, most of it is open except for the area encompassed by pronosed Lots 41, 4.2, 43 and 1{14 which are heavily wooded and which constitute part of the area some people think of as a part of Willard 's Woods. Within said lots the woods terminate in what might be described as a bluff. The rest of the land is swampy or low. Mark Lurvey informed me that if the plan of the proposed subdivision were submitted to the Board of Health for approval he would recommend approval for Lots 23, 24, 40 and 41 because houses proposed for erection thereon would be connected to a 6-6-6o -6- town sewer. However, after examining the subdivision site he said that he would not approve permits for lots 20, 21 and 22 and questioned whether he would for lots 42, 43 and 44. There is lack of drainage in lots 20, 21 and 22 and so much peat that it would have to be removed and replaced by gravel in order to obtain ade- quate percolation for septic tanks. The "bluff" situated on lots 42, 43 and 4)1 indicates that there may be ledge present. I mention these matters to give a possible indication of land values for I understood that Mr. Spagnuola believes that all he has to do is excavate the bluff and place excavated material in the low areas to make lots usable for building purposes. The Planning Board would like to see if the nine-acre tract can be purchased at the average price of $11,750 considering the irformation set forth above and in view of Fsco Builders opinion that the Board' s offer of X10,000 is too low and the Board's belief that said Builders asking price of $13,500 is too high. If this cannot be arranged, it was the Board 's opinion (after receiving a recommendation from Mr. Berglund) that it should raise its basic offer to 111,000-- 1,00 per lot plus $1,000 for the subdivision plan, and seek a com- promise price of X12,250. I understand that the latter price is the maximum which the Board believes the Town Meeting would be willing to consider . Sincerely yours, /s/ Samuel P . Snow