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HomeMy WebLinkAbout1961-03-06PLANNING BOARD MINUTES March 6, 1961 A regular meeting of the Lexington Planning Board was held on Monday, March 6, 1961 at 7:30 n.m. In the Board's office, Town Office Building. Pres- ent were Chairman Burnell, Members Grindle, Mabee, Meyer and Soule, and Planning Director Snow. The Board approved the minutes of its Febru- MINUTES ary 20 and 27, 1961 meetings. Approved for payment were the following bills which had been presented: Standard Duplicator Sales, BILLS Inc., duplicating sheets --$5.16; International Assn. of Assessing Officers, Revaluation Projects -44.00; Amer. Soc. of Planning Officials, planning advisory service reports --x$25.00. Considered next were the following Form A applications for determination of Planning Board FORMS A juri sdic tion ' #61-69 submitted by Richard D. Hamilton on February 3, 1961; plan entitled "A Subdivi- sion of Land. Court Case No. 17485 Land in Lexington, Mass.'", Scale: 1" = 401, dated Feb. 27, 1961, Miller & Nylander, C.E.'s & Surveyors. #61-72 submitted March 6,1961 by Walter H. Ehlers; plan entitled "Plan of Land in Lex- ington, Mass.", Scale: 1 in = 40 ft, dated Sept. 10, 1960, Fred A. Joyce, Surveyor. #61-8, submitted March 3,1961 by Richard H. Soule; plan entitled "A Subdivision of Land Court Case No. 9475 Land in Lexington, Mass.", Scale: 1" = 401, dated July 18, 1960) Miller & Nylander, C.E.'s & Surveyors. Upon motion duly made and seconded, it was unanimously VOTED: that the Lexinl:ton Planning Board determines that the plans accompanying Form A applica- tions #61-6, #61-7 and #61-8 do not require ' approval under the Subdivision Control Law, and that said plans be so endorsed. The Board endorsed the Green Valley, Sec. 6 3-6-61 -2- definitive subdivision plan. Mr. Snow was asked to GREEN VALLEY give said nlan to Mr. Stevens to be held for record - SEC. 6 Ing in the Registry of Deeds until such time as the latter received from the developer a properly exe- BUSA cuted instrument wherein there was granted to the Town the necessary easements in said subdivision. Attention was called to Mr. Christoforo's COUNTRYSIDE, letter of February 25 to the Planning Board with INC. reference to the proposal of Countryside, Inc. to have rezoned additional land for local business use. CHRISTOFORO Mr. Snow was asked to refer Mr. Christoforo's letter and his proposed amendment to the Town Counsel for an advisory opinion. (See addendum.) MINUTE MAN The attention of the Board was also called CENTRAL to a copy of the Town Counsel's letter, dated March SCHOOL 2, 1961, to the Selectmen informing them that the RECREATIOTI parcels of land conveyed to the Town by Augustus E. AREA Scott in 1914 and 1915 are now available for use as subdivision plan a school site if the Town votes to devote them to of Minute Man Highlands, Sec. such use. It was noted that the last imbediment was (See addendum; see removed by the state legislature by the enactment of also minutes of February 13, Chanter 1,14 of the Acts of 1961s that the statute was Planning Board approved by the governor on February 24 and by its Meeting.) terms became effective at the time, and that it ner- mi.ts the land to be used for school, playground or recreational purposes and all purposes incidental ' thereto. It was also noted that the Trustees of Tufts College had released to the Town all condi- tions, restrictions and limitations as to the use of these parcels. MINUTE MAN Approved by the Board was the draft of a HTGHLANDS letter, dated March 69 1961s to Mr. James A. Carrig SEC. !} with reference to his preliminary subdivision plan _ of Minute Man Highlands, Sec. 4. (See addendum; see CARRIG also minutes of February 13, 1961 Planning Board Meeting.) Likewise approved by the Board was the BUCKMAN draft of a letter, dated March 7, 1961, to the DRIVE Board of Selectmen recommending the laying out of Buckman Drive from its terminus to Moreland Ave- nue and Summit Road to Fern Street. (See adden- dum; see also minutes of February 6, 1961 meeting.) Read to the Board and discussed by it was EMERSON RD= the Town Counsel's letter of March 3, 1961 to the ELDRFT ST. Planning Director with regard to the proposed option to acquire from Richard H. Soule easements SOULE for the future location of Emerson Road across , Eldred Street and land of Mr. Soule. (See addendum.) At 8:00 p.m. Mr. Burnell retired with the best wishes of the Board, his five-year term a& a member of the Planning Board having expired. Mr. Grindle, Vice-chairman, then presided for the re- mai.ner of the meeting. Taken under consideration next and approved by the Board was the draft of a letter, dated March 6, 19611 to the Board of Appeals, with reference to the C. H. McGee petition to be heard on March lh4 1961. (See addendum; see also minutes of February 20, 1961 Planning Board Meeting.) Also taken under consideration were the notices of petitions to be heard by the Board of Appeals on March 28, 1961. It was decided to take no action in regard to said petitions with the ex- cention of that to Ha rold C. Currier, Jr. Mr. Snow was asked to draft for the Planning Board's con- sideration a letter setting forth the Board's oppo- sition to the granting of said Currier petition. At 8:10 p.m. Town Counsel Stevens came to' the meeting at the invitation of Mr. Soule to dis- cuss with the Board the situation with reference to the Cabot, Cabot & Forbes proposals concerning which a joint committee of members of the Planning Board and Board of Selectmen had discussed with repre- sentatives of C. C. &, F. duri-ng the previous week. Before leaving the meeting at 9:15 p.m. Mr. Stevens also discussed with the Board the draft of proposed votes with reference to the particular articles of interest to the Board. in the warrant for the annual town meeting. The Board then reviewed a set of plans of the layouts of streets to be presented by the Board of Selectmen for acceptance at the annual town meet- ing. It was decided to notify the Board of Select- men that the Planning Board was opposed at this time to the acceptance of the following streets as town ways: Fairbanks and Tufts Roads Turning Mill and Dewar Roads Grimes and Gould Roads The reasons to be given for such position were that the Planning Board had not received from the Superintendent of Public 'forks a letter stating that Sections 1 and 2 of the Cary Acres development had been completed to his satisfaction and that there had not been granted to the Town easements and utilities in Fairbanks and Tufts Roads and certain -3- BOARD OF APPEALS C. C. & F. REZONING PROPOSALS STREET ACCEPTANCES I-6-61 -4- lots in said development. In the case of Turning ' Mill and Demar Roads in the Middle Ridge Section 2 subdivision there had not been granted to the Town all the easements and utilities in said roads and easements in certain lots in said subdivision. Also that drains in Gould and Grimes Roads were casting water into the drains In Middle Ridge Section 2 sub- division and therefore should not be accepted as town ways until such time as Turning Mill and Demar Roads were accepted as town ways. Mr. Soule gave a report of the meeting held C 3 REZONING on February 28 by the joint committee representing PROPOSAL the Planning Board and Board of Selectmen with repre- sentatives of Cabot, Cabot & Forbes Associates, Inc. with reference to the latter's proposals for Lexing- ton's existing M 1 district. Mr. Snow also reported on his conference with Mr. C. T. Morris on March 2 with reference to the Planning Board's proposal to rezone said M 1 district to C 3 use and Mr. Morris' sugges- tion that the Planning Board give consideration to im- proving Lexi.nr--ton's zoning by-laws by such regulations as set forth in ordinance No. 344p Lawrence Township, Mercer County, New Jersey. Copies of said ordinances were distributed to members of the Planning Board for consideration. At 9:30 p.m. Mr. Arthur P. Bryson of 20 Lori.. ng Road came to the meeting and was congratulated upon his election as a member of the Planning Board. He was asked to be sworn in by the time of the next meeting of the Board to be held on March 9 so that he could participate in the scheduled election of Planning Board officers for the coming year. At the invitation of Mr. Soule, Messrs. Shepherd and 'Wheeler of C. C. & F. met with the Plan- ning Board from 9:30 to 10:20 p.m. to discuss further their proposals and those of the Planning Board. (See minutes of January 16, 1961 Planning Board meeting.) Mr. 'Wheeler stated that at the committee meeting re- ferred to above and from a telephone call from an in- dividual who informed him of an advertisement in the local paper of a public hearing he had learned for the first time of the T'lanning Board's proposal. He ex- pressed great surprise at this and at the fact that he had only received on March 2 a notice of a public hear- ing in regard to said heari.n�-. He objected to the statement of use, the acreage, set back and parking requirements in C 3 districts. Mr. 'fheeler said, how- ever, that if it were in the best interests of the Town to have only C 3 uses, he would withdraw his objec- tions to such uses provided that M 1 area, frontage and j -o-61 yard regulations were retained. He offered to enter into an agreement with the Town to this effect pro- vided. the Planning Board would cancel the scheduled purlib hearing on its proposal, said agreement to run for a period of time while some compromise re- zoning proposal were attempted to be worked out. He said that if the Board were not willing to enter into such an agreement that C. C. & F would oppose the zoning proposal at the hearing. Various members emphasized that the Planning Board had been considering the C 3 proposal for some time, had informed Messrs. Shepherd and Wheeler on Jan- uary 16 that the Board was considering such a proposal so that they should not have been surprised to have heard of it again, and that the Board had not decided finally to recommend said proposal until February 13 after which the Town Counsel prepared the proposal in form for advertising. It was also pointed out that each year the composition of Lexington's labor force was continuing to change by net in -migration to a much larger percentage of those engaged in the so-called white collar worker categories and that this labor force was much more adaptable for employment in districts utilizing C 3 rather than M 1 uses. Likewise pointed out was the fact that the change from M 1 to C 3 dis- trict use was being proposed to upgrade the district and surrounding area to one more characteristic to Lexing- ton's needs until such time as the Board could develop additional regulations to make the district even more agreeable to the Town's characteristics. Mr. Wheeler asked that the public hearing on the Board's proposal be postponed. When it was indi- cated to him that this could not be done, he asked if the Board would postpone its C 3 proposal at the Town Meeting if C. C. & F. entered into an agreement as men- tioned above. Mr. Wheeler stated that he thought the C 3 regulations as applied to the land C. C. & F. owned, particularly the easterly side of Hartwell Avenue, created barriers that physically couldn't be overcome or that cost -wise would make development of the land out of the question. The Board indicated that it thought such an agreement would prejudice the bearing but agreed to take the matter under advisement. Later the Board decided not to enter into an agreement and to proceed with the hearing as scheduled. Mr. Soule was asked to so notify Mr. Wheeler. Read to the Board and discussed by it was a card, dated March 3, 1Q61 and addressed to the Massa- chusetts Pederation of planning Boards from the Legis- lative Chairman of said Federation asking that dis- We Irving H. Mabee Clerk ADDENDUM February 25,1961 Planning Board Town Hall Lexington Massachusetts Attention: Mr. Thomas S. Grindle. Gentlemen: Re: Countrvside, Incorporated 295 ?-Toburn Street Lexington, rlassachusetts This will acknowledge Mr. Grindle's letter of February 20 in connection with the above -entitled matter. Countryside, Incorporated feels that it has a special problem in connection with its property at the intersection of Lowell and Woburn Streets. Accordingly it will attempt to obtain the signatures of 100 registered voters in the Town of Lexington so that the Planning Board may hold a hear- ing in connection with its request. Naturally we will comply with your request that the matter be delayed until after the forthcoming town meeting. However, I am enclosing herewith a draft of the proposed petition to the Planning Board and would appreciate any comments ,you may have in connection with it. approval of House Bill No. 1M be sought at a public SOIL AND hearing to be held on March 14, 1961 by the Judiciary GRAVEL Committee of the State Legislature. Mr. Snow was REMOVAL asked to draft for the Board's consideration a letter H. 1584 to those in the Legislature representing Lexington expressing opposition to such bill it providing the ordinance or by-law prohibiting the removal of soil or gravel shall not apply to removal of the same for use on certain projects which are paid for by funds of the Federal government or the Commonwealth or its political subdivisions. After a discussion of other current matters before the Board, it adjourned its meeting at 10:45 p.m. Irving H. Mabee Clerk ADDENDUM February 25,1961 Planning Board Town Hall Lexington Massachusetts Attention: Mr. Thomas S. Grindle. Gentlemen: Re: Countrvside, Incorporated 295 ?-Toburn Street Lexington, rlassachusetts This will acknowledge Mr. Grindle's letter of February 20 in connection with the above -entitled matter. Countryside, Incorporated feels that it has a special problem in connection with its property at the intersection of Lowell and Woburn Streets. Accordingly it will attempt to obtain the signatures of 100 registered voters in the Town of Lexington so that the Planning Board may hold a hear- ing in connection with its request. Naturally we will comply with your request that the matter be delayed until after the forthcoming town meeting. However, I am enclosing herewith a draft of the proposed petition to the Planning Board and would appreciate any comments ,you may have in connection with it. 3-6-61 -7- Your cooperation is appreciated. Vert/ truly vours, /s/ John Christoforo March 6, 1961 Mr. James A. Carrig 15 Dunster Street Cambridge 38, Mass. Re: Minute Man Highlands, Sec. 4 Dear Mr, Carrig: Reference is made to a letter, dated February 21, 1061j a copy of which was sent to you, notifying the Town Clerk of the Planning Board's action in regard to your preliminary plan of January 6, 1961 for Minute Man Highlands, Section 4. Rather than just sending you a copy of this letter setting forth its cffic'al action, the Planning Board thought you would like to have additional information about its cors'deration of ,your proposal. Very truly yours, LEXTNGTON PLANNING BOARD /s/ Levi G. Burnell, Chairman 1 Prior to taking such action the Board made a study of the problems involved in developing vour land, including pri- marily that of obtaining adequate means of access to it, securing safety in case of emergencies and securing ade- quate provision for sewerage and drainage. ?t was pointed out that with the availability of a trunk line sewer from Green Lane to the Route 2 -Pleasant Street intersection a sewer will have to be installed in the whole subdivision, access for water and sewer provided and a trunk sewer in- stalled along the general location of Clematis prook. Tt was also noted that some sort of street arrangement will have to be developed which avoids excessive excavation as in the case of "C' Street shown on the plan. The Board will be �lnd to discuss with you further, should you wish to do so, your plan and the problems of developing your Minute Man Highlands property. Very truly yours, LEXTNGTON PLANNING BOARD /s/ Levi G. Burnell, Chairman 1 3-6-61 Board of Selectmen Town Office Building Lexington 731 Massachusetts Dear Madam and Gentlemen: March 7, 1961 Re: Buckman Drive Reference is made to Mr. Burnell's discussion with ,you at your meeting on January 23 in regard to acquiring land for the extension of Buckman Drive to Moreland Avenue. Since that time the Planning Board has studied the matter further and conferred about It w1th the Town Counsel. It is the unanimous recommendation of the members of the Planning Board that the Board of Selectmen have prepared for the next town meeting a layout for the Buckman Drive extension and also the extension of Summit Road to Fern Street, hold public hearings in regard to these layouts, and place articles In the warrant for the town meeting to see if the Town will vote to establish as town ways and accept the layouts as town ways said extensions of Buckman Drive and Summit Road. Sincerely, LEXINGTON PLANNTNG BOARD /s/ Levi. G. Burnell, Chairman March 3, 1961 Samuel P. Snow, Planning Director Planning Board. Town Office Building Lexington 73, Massachusetts -F- Dear Sam: Re: Richard R. Soule - Proposed Option Pursuant to ,your letter to me of February 17, 1961 I have prepared and enclose original and two conies of proposed option from Richard R. Soule. please read it carefully and if you have any question, let me know. If you have no ques- tion, the original and one copy, together with a copy of the plan, should be forwarded to Mr. Soule, through his attorney, Norman T. May. He will only execute the original, as the copy will be for his file. Your letter indicated that you felt there would have to be a special Town meeting vote to authorize the exercise of the option. I do not believe this is necessary since, as you will recall, it has been the custom for the last few years to have the Town Meeting vote authority to the Planning Board to obtain options for land for future street locations and to include in the vote authority to the Selectmen to 1 3-6-61 exercise such option. This would only make it necessary for the Board to be sure that the sum to be requested for this purpose at the 1961 Annual Town Meeting be large enough to cover this acquisition from Mr. Soule. The person presenting the article to the meeting could explain that the Planning Poard then held this option and proposed to recommend to the Selectmen that X1500 of the appropriation be used to purchase the easements. Sincerely yours, Harold F. Stevens HES:epk 3 encs. 6 March 1961 Board of Appeals Town Office Building Lexington 73, Mass. Re: C.H.McGee petition February 16, 1961 Gentlemen: The Planning Board has reviewed the petition of Mr. C.H.McGee ' together with its accompanying material and herewith presents the Board's views In regard to the same. Five of the numerous purposes of zoning regulations as set forth in the Massachusetts Zoning Fnabling Act are: (11, to lessen congestion in the streets, (2) to prevent overcrowding of land, (3) to conserve the value of .land and buildings, (4) to encourage the most appropriate use of land and (5) to pre- serve and increase its amenities. In the Planning ?hoard's opinion the proposed addition, more than three times and vol- ume of the existing building numbered 311 Marrett Road, vio- lates all five of these named purposes. In addition it is difficult for this Board to see how the proposed building ful- fills the primary purpose of a local or neighborhood business district which is to provide goods and services with emphasis on daily necessities for the convenience of the surrounding residential area. In consideration of these opinions the Plan- ning Board strongly urges that the petition of Mr.C. H. McGee be denied. Sincerely yours, LEXINGTON PLANrTING BOARD /s/ Thomas S. Grindle, Vice Chairman 1