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HomeMy WebLinkAbout1960-12-13PLANNING BOARD MEETING eDecember 13Y 1960 A regular meeting of the Lexington Planning Board was held on Tuesday, December 1�, 1960 at 7:30 p.m. in the Board's office, Town Office Build- ing. Present were Chairman Burnell, members Mabee, Grindle and Soule, and Planning Director Snow. The Board approved the minutes of its Novem- ber 21s 1960 Planning Board Meeting. Approved for payment were the following bills which had been presented: Spaulding -Moss Co., drafting supplies --$21.95; Louise M. Baker, secre- tarial service- - 6.50; Daley Office Supply Co., office supplies --W.05; L.M.Foster, Inc., office supplies -410-35. Considered next by the Board was the fol- lowing Form A application for determination of Planning Board jurisdiction: #60-91. submitted December 71 1960 by John J. Carchia; plan entitled "Plan of Land in Lexington, Mass.", scale: 1 in = 40 ft, dated October 29, 1960, Fred A. Joyce, Sur- veyor. Upon motion duly made and seconded, it was unanimously VOTED: that the Board determines that the plan accompanying Form A application #60-91 does not require approval under the Sub- division Control Law, and that said plan be so endorsed. There was considered and approved the draft of a letter to the Board of Appeals setting forth the Planning Board's general policies in regard to the Town's business districts and transmitting copies of Planning Board letters to the Seths and Maxners and to Messrs. Moore and Miller. (See addendum.) Read to the Planning Board was a copy of the Building Inspector's letter of December 5, 1960 to the Board of Selectmen with reference to automobile narking in C 1 areas and these areas in general. The letter was Placed on file for further refer- ence in connection with revising the Town's Zoning By-law. MINUTES BILLS FORM A BOARD OF APPEALS C 1 DISTRICTS -13-6o Mr. Mark Moore's letter of December 8, 1960 MOORE to the Planning Board with reference to his rezoning proposal was read, discussed and placed on file for further consideration. Considered next and approved were drafts of McARDLE & letters to the Board of Appeals with reference to MOTTLA the McArdle & Mottla, Inc. and Bacigalupo petitions. (See addenda and minutes of December 5, 1960 Planning BACAGALUPO Board meeting.) -2- 1 1 1 The Board also considered the notices of petitions to be heard by the Board of Appeals on December 27, 1960. No action was taken in regard to said petitions. With reference to Article 2 on the Warrant HAGERTY for the Special Town meeting held on November 282 Mr. Snow reported that he had met with Mrs. Alice J. Hagerty and her son, Martin L., in her residence at 2 Lincoln Street. Mr. Snow said that in explain- ing to them the procedure which the Town followed in acquiring her property he emphasized three points, namely: (1) that under the law it is required to make a taking; of the Hagerty property within 30 days of November 28; (2) that while the Town will take all of said property it still wants to pay the full fair market value of the property as if there had been no taking; (3) that the Town wants to obtain an agreement to be worked out satisfactorily with Mrs. Hagerty and with the Selectmen involving the price to be paid for the property, the option price and confirmatory deed, and the length of time she would like to stay in the house, and involving no payment of taxes on the property in 1961. There was distributed to the members of the BUSINESS Board a copy of Mr. Perry L. Norton's letter of DISTRICTS December 1, 1960 to the Planning Director with - reference to the latter's recent conference with NORTON Mr. Norton asking that he assist the Board in pre- paring a revision of the business districts sec- tions of the Zoning By-law. Mr. Snow reported that after receipt of the letter he had been informed by Mr. Norton that because of another commitment he would be unable to undertake such ar evision at this time. Mr. Snow exhibited a set of prints of a pre- CARY ACRES liminary plan dated August 3, 1960 and entitled -"Cary SEC. 3 Acres Section Three Lexington, Mass." concerning which Mr. Joseph P. Spinelli of Cary Realty Trust CARY REALTY desired an informal opinion. Mr. Snow pointed out TRUST that Mr. Spinelli would like the Board's approval -2- 1 1 1 12-13-60 ' of a proposal wherein the Trust would construct from Tufts Road in a general southwesterly direction a temporary dead end street approximately 750 feet in length until such time as a sewer was constructed in Fairbanks Road to serve said way and a continua- tion of the proposed street. It was decided to in- form Mr. Spinelli that the Board would not approve a temporary dead-end street beyond 500 feet in length and to suggest to him also that he complete the work in Cary Acres, Sections Two and Three before under- taking any further subdivision of the Trust's land. The attention of the Board was called to a copy of the Town Counsel's letter of December 6, 1960 to the Town Clerk notifying him of that title to the Kingston Homes, Inc. land of approximately nine acres situated on and off Hathaway Road had been acquired by deeds dated October 28, 1960, re- corded in Middlesex South District Registry of Deeds on November 43 1960 in Book 9707s Page 597. (See minutes of October 3, 1960 Planning Board meeting.) The attention of the Board was also called to the Selectmen's letter of December 2 and Mr. John A. Bellizia's letter of December 5s 1960 with ' reference to his proposal that to acquire part of the Meagherville subdivision for the purpose of ex- panding the Pine Meadows Country Club. It was de- cided to write to the Board of Selectmen stating that until the School Sites Committee was reorganized and the Planning Board could meet with the Committee in regard to the proposed Meagherville elementary school site that no action be taken on the Bellizia request. (See addendum.) Mr. Stevens' letter of December 8, 1960 to the Planning Director was read to the Board. All matters appearing to be in order, upon motion duly made and seconded it was unanimously VOTED: to release the performance bonds dated April 22, 19603 filed by Kenneth F. Blodgett and Ernest E. Outhet, trustees of Outhet Realty Trust, as Principal, and American Fidelity Company, as Surety, in the sum of Sixteen Thousand Five Hundred and nol100 dollars--($16,500.00)--to secure the perform- ance by the Trust of its agreement in the form of an application for approval of a definitive plan, Form C, dated February 5, ' 19601 to complete the work to be performed by the Trust as shown on the subdivision plan entitled "Loring Hill Estates Section Three Lexington, Mass.", dated Oct. 10, 1959. -3- KINGSTON HOMES LAND FOR STREET AND RECREA- TION PUR- POSES PINE MEADOWS COUNTRY CLUB LORING HILL ESTATES SEC. 3 OUTHET REALTY TRUST 12-13-60 Messrs. Burnell and Mabeegave a report of their WHIPPLE conference on December 111 1960 with Dr. Herzog with refer - HILL LAND ence to the Town acquiring his property for recreational FOR RECREA- purposes. Mr. Snow distributed to the Board copies of his TIONAL memorandum of December 13 in which he set forth existing PURPOSES conditions on the Whipple Hill area as he viewed them and his recommendations in regard to the acquisition of the HERZOG land owned by Dr. Herzog. The remainder of the meeting was devoted to prepara- 1961 tion of the following 1961 General Expenses budget which BUDGET was adopted by the Board. Clerical Assistance $100.00 Supplies 250.00 Postage _ Office Equipment 550.00 Travel Allowance 375.00 Professional Services 1,200.00 Legal Advertising 150,00 Printing 200.00 Sundry Items 100.00 Maps & Blueprinting 200.00 MFPB Meetings & Dues 50.00 $3,175.00 The meeting adjourned at 11:30 P.M. Irving H. Mabee, Clerk ADDENDUM Board of Appeals Town Office Building Lexington 73, Mass. Gentlemen: December 14, 1960 -4- During the past summer and fall the Planning Board has been re-examining the situation in regard to business districts in general and a number of specific proposals for rezoning land as additions to local business districts. At the con- clusion of this study there was drafted a general policy statement which the Planning Board adopted formally at its meeting on December 5, 1960. This statement is set forth below for your information. Enclosed also are three letters 1 1 1 12-13-60 whish amplify particular sections of the statement, the letters being dated December 5 and 6 and addressed to the Seths and Maxners, Mr. Mark Moore, Jr. and Mr. Charles H. Miller. When convenient the Planning Board would like to meet with your Board to discuss these matters. Statement of Policy After a study of Lexington's business districts the Plan- ning Board adopted the following general policies in re- gard to the said districts: 1. That the Board will not recommend any additional zon- ing of land to encourage any project which in its opinion does not fulfill the intent and purposes of the Zoning By-law. 2. That in the Board's opinion the purpose of a local or neighborhood business district is to provide goods and services with emphasis on daily necessities for the con- venience of the surrounding residential area. 3. That the Board will not recommend any further rezoning for general or local business use until such time as the vacant land and partially vacant buildings and buildings used for non -business purposes within existing business districts are utilized for business purposes. 4. That the Board will not recommend the expansion or creation of any business district located at street inter- sections. 5. That the Board will not recommend the expansion or creation of local or general business districts until there are incorporated in the zoning by-law adequate controls. Sine er ely, LEXINGTON PLANNING BOARD /s/ Levi G. Burnell, Chairman Board of Appeals Town Office Building Lexington 73, Mass. December 15, 1960 Gentlemen: The Lexington Planning Board has considered the petition 12-13-60 of McArdle & Mottla, law so as to erect an Massachusetts Avenue. panying the petition, Ing the conditions in of the Planning Board granted. -6- Inc. for a variance of the Zoning By - addition to the building numbered 62 After reviewing the material accom- taking a view of the site, and study - regard to the same, it is the opinion that this petition should not be The question is raised as to why there is needed an addi- tion to the building to provide for so large a refrigerated store room if the corporation were carrying on in a C 1 dis- trict a business just to serve the neighborhood. While the term "wholesale" is not set forth in the Lexington Zoning By-law, it is believed that the term "retail" is used suf- ficiently often in regard to the buildings and uses permitted in a local business district to indicate that this district was created principally for the purpose of providing for retail sales and services. It is the opinion of the Planning Board that the proposed additions to the building would create an over-all structure which is too large for the lot. It is the Board's opinion also that it is the corporation's own responsibility to pro- vide on the lot adequate automobile parking space to serve the building and that a town agency should not be asked to vary the requirements, minimum as they are, for parking purposes unless there are unusual circumstances or extreme hardship involved. Sincerely, LEXINGTON PLANNING BOARD /sl Levi G. Burnell, Chairman December 16, 1960 Board of Appeals Town Office Building Lexington 73, Mass. Gentlemen: The Lexington Planning Board wishes to be placed on record as being opposed to the granting of the petition of Mr. and Mrs. Antonio Bacigalupo. It is the Planning Board's hope that a more logical arrangement of land could be made in this case so that there would be no necessity of seeking a variance of the Lexington Zoning By-law. Sincerely, LEXINGTON PLANNING BOARD /s/ Levi G. Burnell, Chairman 1 u 1 12-13-60 -7- December 30, 1960 Board of Selectmen Town Office Building Lexington 73, Massachusetts Gentlemen: Reference is made to Miss Murray's letter of December 2 in regard to Mr. Bellizia's proposal to acquire a portion of the Meagherville subdivision for expansion of the Pine Meadows Country Club. It is the Planning Board's under- standing that at least part of the area Mr. Bellizia wishes to acquire is consicered by the School Sites Committee as a potential elementary school site. Until this matter has been definitely decided it is recommended that no action be taken on the Bellizi.a proposal. Sincerely, LEXINGTON PLANNING BOARD Is/ Levi G. Burnell, Chairman