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HomeMy WebLinkAbout1961-06-12PLANV7NrT BOARD MEFTING I June 12, 1961 A regular meeting of the Lexington Planning Board was held in the Board's office, Town Office Buildings on Monday, June 12, 1961 at 7:30 p.m. Present were Vice Chairman Grindle, Members Mabee, Meyer, and Planning Director Snow. The Board approved the minutes of its June 5, 1961 meeting. Approved for -payment from the Board's option account was a bill for A`12500.00 to Richard H. Soule for the exercising of an option for the ac- quisition of easements for public travel in parcels of land owned by Mr. Soule. Approved for payment from the Board's general expenses account were the following bills: Eastmen Kodak Stores, Inc., office supplies --112.95; L. M. Foster, Inc., office sup- plies --•$,2.43; American Society of. Planning Offi- cials, information reports --l10.20; Graphic Repro- ductions, Inc., white prints -53.48; Minute -Man ' Typewriter Service, cleaning typewriter --P3.50; Snaulding-Moss Co., drafting supplies --x'2.88. Considered next was the following Form A application for determination of Planning Board jurisdiction: T#61-32, submitted June 9, 1961 by George Bilafer for Mrs. Louise Finney; plan en- titled '''A Subdivision of Land Court Case No. 6807 in Lexington, Mass.', Scale- 1" _ 201, dated June 1, 1961, Miller e, Nylande_r, C.E.'s 8-. Surveyors. Upon motion duly made and seconded, it was unanimouslA- VOTED:_that the Lexington Planning Board determines that the plan accompanying Form A applica- tion #61-32 does not require approval under the Subdivision Control Law, and that said plan be so endorsed. From 7:30 to 8:10 p.m. Attorney Norman T. May, representing, Lexington Investment Trust, met with the Board to discuss in a general way the Information he proposed to present at the public MTI TTES SILLS FORM A 6-12-61 hearing to be held on June 15 in regard to the C 3 REZONING nronosal to rezone for C 3 use the land bounded PROPOSAL by Routes 2 and 128, Snring Street and the Wal- tham city line. Mr. May exhibited four contracts LEXINGTON in which it was set forth that said Trust was re - INVESTMENT quired to purchase the Spring Street properties TRUST of Mr. and Mrs. Francis A. Gallagher, Mr. and Mrs. Michael J. Lynch, Mr. and Mrs. Dominick Morley, Jr. and Mr. and Mrs. Robert C. Snodgrass if the Town voted to rezone for C 3 use the land described above. Among other matters discussed was the posi- tion of Mr. Benjamin A. Creen and Mr. Chester A. Lamantea in regard to the rezoning proposal. Mr. May stated that he could obtain from them letters Indicating their endorsement of said proposal. Mr. Meyer suggested. that they appear at the hearing and make their position known. -2- J 1 Read was a letter, dated June 6,1961 from TAX TITLE the Selectmen to the Planning Board seeking its LOTS recommendation relative to the disposal of lots 22, 23, 2L and 25 on Marvin Street, a so-called M.APVIN ST. paper street. Considered also was the draft of a reply to the Selectmen's letter. Said draft was apnroved by the Planning Board and signed by the Vice Chairman. (See addendum) The attention of the Board was called to LAND FOR a copy of the Town Counsel's letter to the Select- RECRFATION men advising that the deed from Richard F. Herzog to the Town, dated May 31, 1961, and conveying HERZOG Lot 188E off Whipple Road had been recorded to- gether with the plan referred to in said deed. (See addendum.) With reference to the anolication of MIDDLE RIDGE. Turning; Mill Associates, Inc. for approval of SEC. 6 the Middle Ridge, Sec. 6 subdivision plan, there. - was read Mr. Eugene C. Roberts' letter of June 8 T??PNING MILL to the Planning Board requesting, that there be ASSOCIATES given an additional extension of time within which the Board was required to take action on said plan. In consideration of the circumstances, upon motion duly made and seconded, it was unani- mously VOTED; that pursuant to the written request from the applicant the time of approval of the definitive subdivision plan entitled "Middle Ridge Section 6 Lexington, Mass." -2- J 1 o-12-61 ' and dated is further 26, 1961. January 25, 1961s be and hereby extended to and including June Consideration was next given to the appli- cation of Walnut Farm Trust for tentative approval of the preliminary plan showing a resi- dential subdivision of the Potter Farm on Walnut Street. Mr. Snow gave a report of his review and that of the Town Engineer of the plan and existing conditions. Thereupon, unon motion be- ing made and seconded, it was unanimously VOTED: that the preliminary subdivision plan entitled 'Preliminary Plan of Lots in Lexington, Mass.", dated April 6, 1961, which was submitted to the Board by Walnut Farm Trust, Murrav T. hotter, Trustee, on .April 28, 1961, accompanied by an application for tentative apnroval of preliminary plan, Form B, dated April 28, 1961, be and hereby is approved subject to the condition that "A" and "B" Streets be 50 feet in width. Consideration was also given to two letters of June 8 from the Chairman of the Board of Selectmen, one letter being to the Planning Poard and the other to Mr. Ricciardi, Commissioner of the State Department of Public Works, with reference to the conference which town officials had attended on May 31 with Messrs. Cox and Hue of the State Department of Public works concerning the location of Worthen Road in relation to Route 2. Mr. Snow reported on his communications and conference with Mr. Olson of Mr. Fuels office In regard to the matter and then presented a draft of a letter to the Selectmen informing_ them of the results of the work to date. The Planning Board anproved the draft which was signed ry the Vice Chairman and delivered to the Selectmen. (See addendum.) Mr. Meyer later attended the Board of Selectmen meeting and gave them a further explanation of the contents of the Planning Board letter. At 8:45 p.m. Messrs. Nickerson and Redman of the Board of Appeals and Town Counsel Stevens met with the Planning Board. At the request of Mr. Nickerson, Mr. Stevens and the Planning Board answered questions and furnished information to guide the Board of Appeals in makng a decision in the case of the James '_'. Cassim netition heard by -3- WALNUT FARM TRUST PPELTMTNARY PLAN WORTHEN ROAD BOARD OF APPEALS 6-12-61 Mr. Stevens stated that in view of the re- ceipt of the aforesaid agreement and in considera- tion thereof the Board should release the bond, dated June 20, 1960s executed by Eugene C. Roberts, III and Brier A. Roberts, s ecuring the obligations of the subdivider in Section 4 of the Middle Ridge development. In advising the Town Clerk of the release of the bond which he is holding, Mr.Stevens suggested that Mr. Snow be sure to notify the Clerk to retain in his possession the securities that were filed with the bond and the stock transfer forms that accomoanied them since these securities were to be deposited with the bond to be furnished to secure the obligations of the subdivider under Section 6 of the Middle Ridge development. All matters a- spearing to be in order, upon motion duly made and seconded, it was unanimously VOTED: to accept the agreement executed by Fu7ene C. Roberts ITI on June 12, 1061 and the security -4- 1 1 1 the Board of Appeals on June 6, 1961 (see minutes of June 5, 1961 manning Board meeting). After Messrs. Nickerson and Redman left the meeting at 9:00 p.m. Mr.Stevens continued to meet with the Board until 9:40 p.m. With reference to action taken by the Plan- MTDDI,E ning Board at its meeting on May 20, 1961, Mr. RIDGE Stevens stated that he had prepared and had had BEC. 4 executed by Eugene C. Roberts, ITI, the subdivider _ in the Middle Ridge, Section 4 subdivision, an ROBERTS agreement wherein the subdivider agreed to complete the construction of the sidewalks and the loaming and seeding of the shoulders and had deposited a certified check of X21000 to secure the same. Mr. Stevens left wits the Board a letter, dated June 12, 1961, in which he enclosed the original and conformed copy of such an agreement together with a certified check, dated June 12, 1961, drawn by Holiday Homes, Inc., na7able to Eugene C. Roberts, III and endorsed by him to the Town of Lexington. Mr. Stevens noted that the agreement was dated June 12, 1961 and that the subdivider agreed to com- plete the work described by July 1, 1962. Mr. Stevens also enclosed a conformed cony of an instru- ment dated June 12, i961, wherein Fugene C. Roberts, ITI and Turning, Mill Associates, Inc. Fzranted to the Town the utilities that had been installed in said subdivision. Mr. Stevens stated that in view of the re- ceipt of the aforesaid agreement and in considera- tion thereof the Board should release the bond, dated June 20, 1960s executed by Eugene C. Roberts, III and Brier A. Roberts, s ecuring the obligations of the subdivider in Section 4 of the Middle Ridge development. In advising the Town Clerk of the release of the bond which he is holding, Mr.Stevens suggested that Mr. Snow be sure to notify the Clerk to retain in his possession the securities that were filed with the bond and the stock transfer forms that accomoanied them since these securities were to be deposited with the bond to be furnished to secure the obligations of the subdivider under Section 6 of the Middle Ridge development. All matters a- spearing to be in order, upon motion duly made and seconded, it was unanimously VOTED: to accept the agreement executed by Fu7ene C. Roberts ITI on June 12, 1061 and the security -4- 1 1 1 Ll 1 6-12-61 -5- for the performance of said agreement, and to release the performance bond, dated January 20, 1960s filed by T'ugene C. Roberts, TII and Brier A. Roberts in the penal sum of nineteen thousand-- 0 19,000.00) --dollars to secure the performance by said Eugene C. Roberts, ITT of the obligations of the subdivider as set forth in the application for approval of a definitive plan, Form C, dated November 3, 1 959, to com- plete the work to be performed as shown on the subdivision plan entitled "Middle Ridge Sec- tion Four Lexington, Mass.", dated August 28, 1959. There was then reviewed and discussed with Mr. Stevens and later after he left the meeting, various problems currently before the Board. Tt then ad- journed its meeting at 10-45 p.m. .obert T'. Meyer, Clerk ADDMTDL?M June 12, 1961 Mrs. Oeorg;e P. Morey, Chairman Board of Selectmen Lexington 73, Massa Dear Mrs. Morey: 'Ptith, reference to ,your letters of June 8 to Mr. Soule and Mr. Ricciardi, please be advised that since May 31 Mr. Snow has been in communication with Mr. Olson of Mr. Hue's office and has held a conference with Mr. Olson in regard to a connection to 11orthen Road at Route 2. Coordinate sheets and related data for the southerly sec- tion of Lexington from this state highway and Waltham St. to the `daltham and Belmont lines have been supplied by the Planning and Public '.Works Denar. tments. Mr. Snow resorts that interchange studies are being made at this time under Mr. Olson's direction and that it appears that the town is to be given a connection for Wort? en Road approximately at right angles to Route 2 at a point just westerly of Lawn Avenue. Mr. Snow also reports that Mr. Olson Is request- b-12-61 � J - Ing that before .the end of this .year a taking be made by ' the State for the rurpose of limited access on both sides' of Route 2 from Spring to Pleasant Streets. Sincerely, =W --TON PLANKTITG BOARD /s/ Thomas S. Gri_ndle, Vice Chairman June 8, 1961 Mrs. Ruth Morey, Chairman Board of Selectmen Town Office Building Lexington 73, Massachusetts Dear Mrs. Morey: Re: Pichard F. Herzog This is to advise that the deed from Richard F. Herzog to the Town dated May 31,1c761 and conveying lot 188B situated off Whipple Road was recorded in Middlesex South T:istrict Registry of Deeds on June 6, 1961 as instrument No. 151. The plan referred to in the deed which shows the lot was recorded at the same time as plan No. 800 of 1961. As the conveyance was made subject to 1961 taxes which the ' Town assumed and agreed to pay, I have written the Board of Assessors on behalf of the Selectmen requesting, the abatement of these taxes. A copy of that letter is enclosed. I enclose also a copy of my letter of June 6th to William J. Bannan, Jr., attorney for Dr. Herzog, statin; that the ac- quisition of this lot by gift from Dr. Herzog exhausts the authority conferred ur,on the Selectmen by vote adopted. under Article 46 of the Warrant of the 1960 Annual Town Meets rg to acouire land. of Dr. Herzog. A copy of the deed from Dr. TTerzog is enclosed for your records. Sincerely yours, /s/ Farold E. Stevens HES:eok 3 encs. cc: Su-nerintend.ent of Public forks (with cov7,r of deed) Planning Board (with conn of deed) Chief of Police F -12-61 ' June 12, 1061 Board of Selectmen Town Office Building Lexington 73, Massachusetts Re: Lots 22, 23, 21,, i�5 Marvin Street Pear Madam and Gentlemen: The Planning Board staff is at this time preparing a redevelopment plan for the arrested subdivisions in this area, The Planning Board does not recommend the sale of the above named lots at this time. Very truly yours, LFXTNGTOY PLAMTTNG BOARD /s/ Thomas S. Grindle, Vice Chairman 1 1 -7- 1 1 PLANNING BOARD HEARING June 15, 1961 The Lexington planning Board held a public hearing on June 1�, 1961 at 7:35 p.m. in Estabrook Hall, Cary Memorial Building, to consider a proposal to amend the Lexin7ton Zoning B7 -law so as to add to the Town's C 3 - Special commercial district an area of land described in the notice of the hearing as set forth in the appended stenographic record of said hearing. Present were Chairman Soule, Vice Chairman Grindle, members Mabee and Meyer, and Plan- ning Director Snow. The maximum number of persons attending the hearing was estimated by Mr. snow to be 230. PROPOSED C 3 DISTRICT LF'XIN^'PON ITTVESTMEYT TRUST C OUNTRXWIDE OFFICES, INC. Chairman Soule opened the hearing by reading the notice of the same as it had been sent to all property owners deemed to be affected and as it was published in the May 22 and 29, 1961 issues of the Lexington Minute -man. A complete stenographic record of -the hearing was taken and prepared for the Plan- ning Board by Philip H. and Lawrence W. Burt, shorthand reporters, 7 Water Street, Boston 9, Massa The 59 - page typewritten report prepared by said reporters and dated June 15, 1961 is incorporated in and made a part of the minutes of this meeting and the perma- nent records of the Planning Board. The hearing was adjourned at 9*40 p.m. _obert E. Meyer, Clerk In the Matter of: Lr^XINGTON PLANNING BOARD HEARING ON PROPOSED CHANGE OF ZONING r Bstabrook Hall Cary Memorial wilding Lexington, Massachusetts June 15, 1961 - 7:30 P.M. Philip H. and Lawrence W. Burt Shorthand Reporters 7 Water Street Boston 9, Massachusetts PR0CEE`I1INC S (June 15, 1961, 7:30 p.m.1 The CHAIRMAN: As perhaps you know, there was filed'wi.th the Town Clerk on May 22, a petition endorsed by 203 registered voters of the Town, requesting and petitioning the Selectmen to call a special town meeting, and to insert as an article in the warrant therefor, the proposal which isto be heard tonight. The petition did not request the Planning Board, as set forth under Section 19ofthe'Zoning By-law, to hold a public hearing on the proposed amendment. However, Mr. May. who it is understood represents the Lexington Investment Trust, one of the principal owners of the land involved, met with the Planning Board on May 22, stating that he realized that the Planning Board was not compelled to hold a public hearing on . the petition, but asked it to do so on the basis of the infor- mation he presented to the Board. Mr. May stated that his clients would pay for all the costs of the hearing, and the advertising for the same, if the Planning Board would have an advertisement inserted in the <Lexington Minute -man for Thursday, May 25. The Planning Board agreed to do this with the understanding that in so doing, it was in no way committing itself in regard to the .proposal. as possible a transcription of the minutes of the hearing and prepare its report for submission to the town,meeting. In conducting this hearing, ,I will first read the notice of the advertisement as published in the May 25 and June 1 issues of the Lexington Minute -man. I will then call upon the proponents to present their proposal. Itis under- stood that Mr. May will make this presentation. After -this presentation, there will be an opportunity for the Planning Board to ask any questions it so desires. Thereupon, any others wishing to speak in favor of the pro- posal will be heard, and thereafter, those wishing to speak in opposition to the proposal will be heard also. I ask anyone speaking to give his full name and address and to speak clearly so that the stenotypist will have no difficulty in recording the information which is to be pre- sented. At the conclusion of the hearing, the Planning Boaird will ask for an indication of those who are in favor and those opposed to the amendment as presented. I will now read the advertisement. "Notice is hereby given that a public hearing will be held by the Lexington Planning Board on Thursday June 15, 1961 at 7:30 p.m. in Estabrook ball, Cary Memorial Building, to { t consider the following proposal to amend the Lexington Zoning By -law -by changing certain land from an R 1 - One family dwelling district to a C 3 Special commercial district by adding to said By --law at the end of Section 4(h) C 3` Special commercial districts the following new paragraph: "A district on the southwesterly side of the Cambridge Concord Highway (Route '2)'ind the ea terly side of the Northern Circumferential Highway (Route 128) and on the common boundary of Lexington and Waltham, and on the westerly side of Spring Street, and bounded and described as follows: "Beginning at the intersection of the southerly line' of the Cambridge -Concord Highway (Route 2) and the westerly line of Spring Street, thence southerly along the westerly line of Spring Street to the common boundary of Lexington and Waltham; thence westerly along the common boundary of Lexington and Waltham to the easterly line ,of the Northern Circumferential Highway (Route 128); thence northerly along the easterly line of the Northern Circumferential Highway (Route 128) to the intersection of the easterly line of the Northern Circumferential Highway (Route 128) and the south- easterly line of Route 2 Route 128 interchange, so-called, thence northeasterly and easterly along the southeasterly and southerly lines of said interchange to the southerly line of the Cambridge -Concord Highway (Route 2); thence southeaster) along the souther) line of the Cambridge -Concord Y g Y P 4 Highway (Route. 2) to the `point of beginning. Lexington Planning Board Richard H. Soule, Chairman." I now call upon Mr. May, who will present the proposal for the proponents Mr. MAY* Mr. Chairman, ladies and gentlemen; the site which has just been described by Mr. Soule, is one which is best shown by this slide. The area that he described in his notice is -bounded, as you see, by 128 and Route 2, Spring Street, and the Waltham line. Most of you are familiar with the location of the Clevite factory which is there, its exit being on Spring_ Street, or Smith Street, at this point. The air view of the picture you will recognize. This is the point where Raytheon constructed its first building. This is Route 2, and this is Route 128. And the Clevite factory, if I can ever find my way, on this thing, is in that direction. Here is Spring Street. This is the large wooded hill you see, traveling around 128 opposite the Cambridge reservoir, Now, the first proposal to rezone this areawasmade to the Planning Board in 1960, and it involved only this, parcel of land which faces on Route 128. The access to that land was a 70 foot strip`which'exits on Spring Street. Now the first proposal was to zone 30 acres facing on 5 Route 128, and in dealing with the Planning Board, and in no sense did they commit themselves in favor of rezoning, but they did explore the matter with the petitioners. The first questions to be answered were having to do with sewerage disposal, water access, parking, and traffic. And at one point late in 1960, the Planning Board indicated that they would not be in favor of zoning these acres alone. In no sense did they commit themselves in favor of any other zoning. The Planning Board did indicate that if the area was zoned, it would be zoned only as an island, using this expression, the island being bounded by 128,; Route 2, Spring Street, and the Waltham -Lexington line. As a result of that, the petitioners have been dealing with the various land owners in this area. The first parcel which you see is that owned by Mr. and Mrs. Lamentier. This is the remains of the Sunset Ranch, which has been taken by the state for"the`new cloverleaf at Route 2, 128 intersection. This is a landlocked piece of one and a half acres. The front of the building is at this point, and you have seem, I am sure, it being destroyed and the making of the new road. This parcel is owned by Mr. and Mrs. Benjamin Greene. It is a seven acre parcel with a large white house; which you see aV.the corner of Route 2, and Route 128. This parcel is owned by Mr. and Mrs. Francis Gallagher, this by Mr. Lynch, Mr. Snodgrass, Mr. Morley, and Mrs. Fox, .. r' �.. .. . jtl 1 Y h -fx9 hVfR k `{.•'i`SK'K 'lA... i' 6 and a vacant parcel owned by Mr. Key. Now going along with any suggestions made by the Planning Board, the first thing they thought was of great concern was not to zone this land if it only had one access at this point,, even though it was 70 feet wide, nonetheless,it was only one access road, many hundreds of ,feet in length, 'reaching into this other landlocked parcel. The proposal was that another access be provided, and this is the proposed road through the property now owned by Mr, and Mrs. Gallagher. This house would have to be de- stroyed before the rest of the land was made available. These four owners have entered into agreements with the developer. They have signed contracts whereby the de- veloper is obliged to buy this land at a fixed price, provided the land is zoned into a C-3 area This gentleman Mr. Greene, has not signed a contract with the developer, and he does not wish to.,He.wishes to own his land, zone into a C-3 area because he has both legal< frontage and both legal area. Mr. Lamentier, with one and a half ,acres of landlocked land wishes for nothing else than the land be rezoned. There is another house here, owned by Mr. and Mrs. Fox. Their land is included in this petition. As'a matter of their own wish, they are not seeking rezoning. I believe the gentleman is here, and he can speak for himself this t .land. Now, as a result of this negotiation and dealing with these people, the developer is now in a position where he will ownthis parcel. Mr'. Lamentier will sell to one of these abuttors Mr. Greene is Content to have his land rezoned; and this; has made possible another proposal to the town. Now the proposal is to zone the entire island. On the plus factor, a number of things have been solved that the Planning Board brought up. No. 1, there is ample space for a road to go in on two points. At this point, the hill reaches one of its lowest points,and a road can be built here which will not have more than a 7 1/2% grade, which is acceptable in most engineering standards. This road will be much less than that. The first building which we wish to erect in this area is located, or will be located here.' And this is under contract with a development group in New York City called Countrywide Office Buildings, Inc. They propose to build here a multi tenant` building of about 120,000 squarefeetof rental space on a 17 acre tract with connections to both these roads, and with connections to the sewer and other water services which will be available. r Thebuilding will be-somewhat in this style. This is a picture of the inside courryard of the building which is to be built on the first 17 acres:. This is not an artist's dream.. I have seen the plans for this building. There is a purpose to having an inside courtyard .on a two story build-' - ing with partial openings, and that, is to provide light and space for the inneroffices, and make them more rentable. The outside view of the building will be somewhat of this nature. Now, this overlooks the ,Cambridge reservoir from the point of view of the developer, it is an ideal place for an office building. The value for rentals, and value for the,. - building will be substantial, and this is estimated to be a three million dollar building on a 17 acre site. Now, to define where itwillbe, let me please go ;,back to this plana This is directly at the corner of Route 2, and 128 interchange, and this is a 17 acre tract, and this is where the first building will be built. A number of practical questions were asked by the Planning Board. First, how many cars will be there. The developer's estimate was 400 vehicles on this parcel. One member of the Planning Board didn't agree with the developer's formula, and. that was increased to 600 cars.' i The other parts are likely to use a total of 1,500 cars per.day so that we come to the question of traffic, and in this area when it is eventually developed over the next four years, we have to assume, and I think reasonably, that as many people live west of 1.28 - west of Route 2, as live east of .Route 2. And so we can't by any magic pretend there will be less than 750 cars coming out of that area in a northerly direction, and north of Route 2. Now I don't propose to use a crystal ball and say how many ,cars are going to be on the side 'streets.- We do know that a percentage of those vehicles will travel on 128, and will travel on Route 2. We also know that some of these vehicles will use -the Lexington streets. It is common custom in .reaching some ,of the industrial areas in this part of Waltham` to'use the'back streets of Lexington and avoid the harassment of Route 2 and Route 128 particularly in its present con- dition. A fair estimate of the number of cars that will be using the back streets of Lexington, Waltham Street, the; proposed Worthen Road, and Spring Street is likely to be in the vicinity of 200 or 250 cars per day. We could estimate` less. I think it is fair that a third of them will not travel on the major highways. This is one of the objections to the' proposal, I am sure, and we may as well all understand the 1 10 real nature of the objection, and not dream away automobile traffic such ,as has been done on other occasions when it - was pretended that the problem didn't exist. There is at Route 2 and Spring Street, a traffic light, and you are all aware that at that traffic light morning and evening, there are cars stopped, 10, 12, maybe more in each direction, waiting for the light. That is going to continue until we have an overpass'in that area. When it will be built by the state,`I'don't know, but it is coming, and where it will be located, 1 haven't anymore idea than anyone else in town. ; The question of water supply to this area arose. There is a 12 inch main at the corner of Spring Street and Route 2 on the westerly side. This main is available for use by the developer. It will beno cost to the town to bring water to the site. The next problem which was a basic one was how to dispose of sanitary wastes because no sewer was available when the development was first proposed. There had been three months of test borings, and studies by rather good' engineers, and they came to us with proposals that they' could put filter beds here which would be sanitary and adequate We thought we would have to present much evidence on that, then the problem cured itself. We have been informed, and I am authorized to state is almost 3,000 feet, ;but.-the'cost of such an installation is bald against the expense of filter beds and leaves no problem to the developer. He may very well save money on the transaction. I repeat, ;I am authorized to make that statement by the Town Public Works Superintendent. Now, the 'only -persons who can grant permission to open the public streets, and open the sewer are the Selectmen. No problem exists for the town on that phase because of this. Unless and until a sewerage disposal system which is satis- factory to the Board of Health -- no building permit can be issued so that the town will not be in a position where it will have_to install costly sewerage for the benefit of a developer. This isn't land which has frontage immediately avail- able. Before this land can be used,a road will have to be built. The road will be under the control of the Planning Board, as though it were a road for any developer, and no building permit can be issued :until (1) the road is built, and (2) the town Board of Health or Engineering Department have been satisfied as to the disposal of sewerage waste. Now I have explained how we came to deal with these r � � 12 people. It was on the suggestion that the land Would not be zoned unless it was zoned as an island. From the developers point of view, he would have been very happy if this part alone was to be rezoned. However, meeting complete oppo- sition by the Planning Board on that `score, ;he has entered into these contracts. From the point of viewofthese people, they have this argument. They were zoned on one side by Raytheon.. They are zoned on another side by Clevite. They expect an overpass. There has been an increase in traffic in front of their homes. Their argument is that this is their way out of a very difficult situation. There have been suggestions made that zoning stop at the crest of this hill, leaving this area unzoned. Now I have no authority to recall any articles which are in the town Warrant, signed by 200 people, but to clarify any misunderstanding on that score, I will be forced to stand at town meeting next week and ask that this article be withdrawn if an attempt is made to exclude this land, because these owners -have joined with us on.a very clear-cut understanding, that we buy their.land without any reservation for a fixed price, provided it is rezoned. And they will have lost whatever rights they have if an attempt is made to limit it to this hill. I repeat, the developer's first wish was here, but the 13 c developer is so committed to these people that it would be low dealing to accept zoning of a lesser parcel and leave them excluded. Therefore, the request to rezone the entire area into a E-3 zone which is the same type of zoning that exists for Raytheon on the other corner.It is limited to office use, for scientific laboratories. This parcel.will be a,` multi tenant office building. This undoubtedly will be divided into two parcels, and it will be the second building to be erected, and this will be individually owned, buildings for scientific groups or for one tennant ownership as an office. This will be the last area to be developed, and the houses will be the last to be removed. The total cost of the buildings to be erected will be not less :than.$12,000,000 on the four sites. The first building which is scheduled for completion if it is rezoned, scheduled for 'completion in late 1962,'will be valued at $3,000,000 for land and building. This will be without cost to the town for water, for sewerage, or for any other municipal service. As far as fire prevention, and fire control is concerned, the buildings built here will be equipped with sprinkler systems and the builder will enjoy normal insurance rates, and is not concerned with any problem of the fire station 14 .. being far away. The fire station is no further away from here than it is from Raytheon, and that is not a problem for the developer. Off street parking will be provided on ever site P $ p _Y Some discussion I'think is due of what will occur, when as and if Spring Street has an overpass over Route 2. In one way or another, we know that Spring Street will be connected to that overpass, and exactly the same means of egress will be available then that; are available now without the problem of the traffic light at Spring Street, and the Concord Turnpike. Spring Street blends into Smith Street on ;this side by,Clevite; end'out to Trapelo Road. And it is on this basis that we estimate that as many people will go one way as will come the other. We know that Clevite is here, going to 128, and on the other side there is Kelliher. We know on this nide of Route 2 is Raytheon, and the land zoned for C-3 below Spring Street. The argument in favor of rezoning this parcel is that it is on the farthest corner of the town, and it is insu- lated. It is an island. It can properly be described as an island; that the development of the whole hill its a basis of tax revenue is logical, that if we are to zone for the purpose of gaining taxation, or broadening our tax base, this is a logical place to do it. There are 60 acres off by itself here, situated between two industrial zones. It is ` z 1 r15. unique insofar as geography of the town is'concerned, and the development of it will be orderly, and not disturb the . town as a whole, and on that basis the .petitioner asks you consider rezoning it into a C-3 area. Thank you, very much. The CHAIRMAN: Do you have anything else, Mr. May? Mr. MAY: No that 'is all. The CHAIRMAN: I think we will adjourn to the larger room upstairs, so that I will declare a ten minute recess. [Whereupon, a ten minute recess was taken, ;and the meeting moved to larger quarters.] The CHAIRMAN: You have heard the proponents give their proposal on this rezoning change. I must announce at this time that there is no smoking in this hall. This may aid ,in cutting the hearing short. At this time there will be an opportunity for questions, r and an opportunity for the oroponents to speak following. Following that, those not in favor may speak and have their opinions recorded. We are then going to ask for a show of hands of those in favor, and those not in favor of this proposition. However, I beg you to be brief, loud, and to the point. When you stand, would you give your name and address so that our recorder may get it on the record. Now first of all, we would like to hear from those` who are in favor. -77 h 1 FROM THE FLOOR: Alice Gross. I would like to know what plans have been made for the historical house? The CHAIRMAN: The plans for the historic house. Mr,May? Mr. MAY: The Parker House is not the house of Captain Parker, and has nothing to do with the history of Lexington Green. The house is the house of Theodore Parker who is someone very dear to all good Unitarians in the town. Theo- dore Parker was one of the greatest Unitarian clergymen I believe anywhere in the United States. Some people can speak, more thoroughly on that subject than I can, but he was not connected in any way with the Parker of Lexington Green fame, and the Revoluntionary War. As far as I know, no plans are made in relation to this zoning article on that parcel, that particular Parker homestead'. FROM, THE FLOOR: Dorothy Williams, 20 Barberry Road. May I,,ask how' many, single homes could be put on this isolated parcel, or this isolated island of land? Mr. MAY: On.the thirty acres owned by the developer at the present time, there could, be built 30 houses, using the formula of one house to one acre. The zoning in that area calls for 30,000 square feet, and 150 foot frontage., Allowing room for the development of roads, a; rule of the thumb is 30 houses on 30 acres. As a practical matter, that ii . will not occur on this site purely from a point of view of economics. A developer wishing to open up a 30 acre site is ordinarily required by the Planning Board to provide two roads out, A variance from this is usually granted for ,four or five hundred feet, but not much more. Before the developer can reach this 30 acres, he would have to construct a road on a strip of land 70 foot wide, a distance of 300 feet, and at a normal cost of $30.00 a running foot. He would then have to knock down an existing house on Spring Street end use that site as 'another roadway, The only practical ways from the point of view of topography, and climbing the hill, is at least -300 feet deep, and he would then be 'required to construct another road 300 feet long before he - if I may use the phrase, before he hit pay dirt. To build 30 houses onthissite would require as much problem -solving with reference to sewerage disposal as it does for a multi -tenant= building which per capita uses much less water than is used in a home. The estimate to the developer for reaching a sewer line is somewhere in the nature of $90,000. If you put that with the cost of constructing two roads, add that in with the two roads, through two strips of land, which can't be used as building sites for homes, it becomes economically impossible to develop this for single family residences. FROM THE FLOOR: I'have "a question about the number of automobiles. They gave 600 for one structure, .and that times four would be 2,400, making 1,200 in each direction. I don't understand how you get 1;500 from the 400 figure. Could you clarify hat, please? Mr.,MAY The developer's figures on traffic for the first 17 acre plot was 400 cars. The Planning Board -- a Planning Board member felt this not quite enough, but, that for such a structure, a multi-tenaum: office, the figure' of 600 cars would be more appropriate, so.that the request was made to provide parking spaces for thatnumber of vehicles. This is the maximum which would be required on a multi -tenant building. The other buildings will not be of that nature, but it will be on much smaller sites, and will be' developed -by people who like Raytheon, will own the building themselves, and will have a smaller ratio of cars per square foot. FROM THE FLOOR: Phylis Powell, 15 Field .Road. I would like to ask if there will be any control over the design of the other three buildings on this land? The first one is quite elegant, but is there any control over the others? The CHAIRMAN: The question was,, will there be any control over design of the buildings? i Mr. MAY: I don`t know, of any group in Lexington that has authority to control the design pff$buildings_other .than the building Inspector as to minimum safety requirements. The design of the building would be purely a matter of option to the owner. The CHAIRMAN: Yes, Mr. Nickerson Mr. NICKERSON: Will there be any ;control over the topography of this area if the zone is changed? In other words, can somebody go in there and flatten out a quarter of this area and put a building on it, or would there be any control over that? The CHAIRMAN: There is no site control in the C-3 zoning. We do have control over the road, and this being a subdivision, the Planning Board would have control over the grade, site distance, and other details regarding the road, and the size of the lots. Further question? FROM THE FLOOR: Mr. Dolan, 82 Spring Street. During our discussion, sometime ago, of, the shopping center, there was sympathy for those people that just built their homes, and I think the traffic problem is a factor in the defeat of the shopping center. Now we are zoning to C-3 which involves factories -- I not factories, but research offices, and major offices. Now we can consider'now :that 'at: the junction of Route 2 and the junction of Spring Street and Route 2-A there is another traffic problem. Sometimes it is very hard to make a left hand turn. Those going to use Spring Street, to make a right and left hand turn, it involves quite a consideration of the traffic congestion in the area. Now, the other thing -- I was late coming in -- do I understand that the people now have residences are in favor, or are willing to sell their property to this project? Mr. MAY: All but one owner of a residence has -- no, all but two owners of residences have agreed to sell their. property. One owner does not wish to sell, but wishes to be rezoned. One owner does no:t wish to sell, and I will not answer for him because he is here, on whether or not he opposes the rezoning, Mr. DOIAN: Does the town planners -- or does the town plan to meet the problem, if such traffic becomes greater than Spring Street can handle? The CHAIRMAN: This is why we are here tonight, to consider all these problems. I would like to remind the meeting at this time that we will attempt to answer -- or the proponents will attempt to answer questions. We would like at this time to hear from anybody in favor, and at the conclusion of that, we will ask for those opposed. This is r of brevity. FROM THE FLOOR: Louis Brown, 37 Maple Street. Mrs. Williamsaskedabout homes, and she was answering in terms of one one of the parcels, being asked to rezone a muchlarger piece, as I understand it. What with regard to residences would be the number of homes on the whole thing? The CHAIRMAN: Well, rule of thumb, there are approxi- mately 70 acres up there. Mr. MAY• Sixty. The CHAIRMAN: Sixty acres. Rule of thumb is an acre per home,,or a home per acre, 60 acres, 60 homes. Want to`amlify that, Mr. May? Mr. MAY: It has to be qualified to this extent. Using Mr. and Mrs. Green's parcel as a -good example, they have seven acres of land.It will not accommodate seven houses, unless they first knock down the large white house at the corner of Spring and the Concord Pike. They have legal frontage for one home.:,. Recently the state took a large part of their frontage, on Route 2, and made it limited access. The only way that they could develop their seven acnes into seven house l*ts',would be to bring in a new road, first removing or changing the site of their present house. The next owner has a parcel only 150 feet wide, and that can only be one house lot, yet it has two acres. ., .,... ,;✓ a ., 22 The next owner has a similar parcel of land with two acres, and a vacant lot beside it, so that in answering approximately, an acre.per house, I referred only to the developer's parcel, but the rest of the land will only accommodate one or two more houses without bringing in new roadways. FROM THE FLOOR: Martin Gilman. How far down Route 2 on the easterly side of Spring Street does C-3 go on the Raytheon side7" We have zoned a little bit on the other side of Spring Street, have we not? The CHAIRMAN: It is approximately 40 acres on the easterly side of Spring Street. MR. GILMAN: Do you have any idea what the frontage is on that? The CHAIRMAN: I don't know. Perhaps somebody can answer the frontage in feet. East of Spring Stree;, that is now zoned ,C-3. It is approximately 40: acres, whatever' that amounts to. Yes, away back? FROM THE FLOOR: Pearlman, Precinct 1. Tell me, what would be the cost to the ,town for wideningSpring S rin Street? The CHAIRMAN: We have an estimate on the widening of Spring Street from Route 2 to the Waltham line, from our town engineer of approximately $50,000. As the proponents stated, the developer would stand the sewer and water costs, FROM THE FLOOR: Did you mention there was going to be 23 another road? What is that going to cost? The CHAIRMAN: The cost of that will be -taken care of, by the developer, as I understand FROM THE FLOOR: J. L. Powell 15 Field ,Road. At the time of theRaytheon plans, or the ,shopping center plans, I heard a good bit about a buffer strip. I would like to. ask Mr. May what plans for buffer strips hehasin this de_ velopment, if any? Mr. MAY: No plans whatsoever, sir. The; land that we own is, for the most part, across the street from vacant land. The land on the other side of Spring Street where' there are residences for the most part is not owned by us. FROM THE FLOOR: Paul Morgenstein, Massachusetts Avenue. I would liketoask Mr.- May with regards to advantages that he listed at the end of his presentation, if he could be more specific in terms of what these advantages are to the town to develop this land. Perhaps in terms of dollar figures, if you will. Mr. MAY: I stated, sir, that without cost to the town' for the providing of any utilities, that there would be buildings on this location having a value, with land and buildings, of $12,000,OOQ, The first building on the 17 acre site will be valued at approximately $3,000,000. This is 120,000 feet ofoffice space„ on two floors, on a 17 acre tract. 24 FROM THE FLOOR: I would like to quote Mr. May from two years. Herbert A. Thing, ,46 Munroe Road. Mr. May stated two years ago when he was on our side against the Filene's shopping center, that he would not hurt anyone with the Filene's shopping center. Tonight, he definitely stated that one family, one house was not in favorof going with this proposition we have been discussing' tonight. Mr. MAY: May I answer', that? The CHAIRMAN: May I interrupt here and say that this is a time for questions, and for proponents to speak. I now understand you are in opposition? MR. THING: I am opposing. The CHAIRMAN: You will have an opportunity to speak after questionsfromthe proponents. FROM THE FLOOR: On, this. picture he showed, he showed an overpass. You just mentioned the town engineer,,, and a price of $50,000 for widening Spring Street. Now last Tues- day I appeared before the Planning Board, and they had no idea of doing anything to Spring Street in the way of widening it, nor had they any idea of putting up an overpass. Now how does he have this information, if the Planning Board tells me thei opposite? Mr. MAY: May I answer that? The CHAIRMAN: Yes, go ahead. Mr. MAY: There was no time this evening---- VF - m. FROM THE FLOOR: `Louder, we can't hear you. Mr. MAY: There was no time this evening that I showed any picture having on it an overpass. I mentioned at one time that it is contemplated. It is understood it will happen, that when Route 2 is widened, an overpass will be made over Route 2 where Spring Street as it is now or Spring Street recloated but none of these pictures show any proposed overpass, and I have no knowledge of ,where the state is going to place it. FROM THE FLOOR Doesn't that make; Spring Street as it is existing,, now, the same. svaall street that it is, if this proposal goes through, we still have this additional traffic on the present Spring Street., is that true? The CHAIRMAN: I believe so THE FLOOR: That is good. I'm against it: The CHAIRMAN Mr. Baker? FROM THE FLOOR: Mr. Baker, Linwood Terrace. May I ask who are the principals, the trustees of this Lexington Investment or Realty Trust? Mr. MAY: The Lexington Investment Trust is composed of four people whose names have been on record in the Registry of Deeds for a good many years as the owners of this land. Three of them are the so-called Roberts' brothers of Newton, and Brookline, who are contractors developing apartment buildings. Perhaps the best known one that they 26 have is the Commonwealth Avenue apartment called thet"Sovereign which is about 400 or 500. The fourth member who owns a; quarterinterest is a name which is poison in Lexington, and I assume that is what you wish to know, it is Martin'Cerel. The CHAIRMAN Now,, if there are:no more proponents to speak I would give an opportunity for those opposed.. FROM THE FLOOR: Mr. Greeley. I rose too soon. The CHAIRMAN: Sir?' Mr. GREELEY: I rose when you finished the senience. I come between, I think, The CHAIRMAN: All right, this is the opportunity for the " Tweener' s ! " Mr. GREELEY: There are things about this that seem to be fine, and then there are things that I ought to oppose. I want to clear up Theodore Parker who had a great deal to do with the battle of Lexington. His grandfather is the key to any discussion about the role of the Parkers and the battle of Lexington. He was not only a Minister, but was one of the greatest anti -slavery speakers in the nation, and it was he who furnished Lincoln with his now -famous phrase, "Of the people, by the people, and for the people." .a That is Theodore Parker. The general purpose of planning and having zoning plans and zoning':.laws, of course, is to protect the town against 27 an undesirable development and to insure a more or less orderly development to'occur:in-the town. That is on the part of the town. On the partof individuals who may bey land, here, the citizens, the purpose of zoning laws is to give them security. They buy a house lot, or a house in a residential area, and the Town of Lexington through its town meeting votes and practically says to them, "If you buy here, you are secure, the Town guarantees to you that this is a resi- dential area, and you are safe to build." Now all these things are subject to change in ways. that may arise that were not,forseen so ,that it isn't exactly playing fast and loosewithhome owners to deprive them of that privilege which we have promised them. In a way it is defrauding them. But in another way ,it is due to changes that come aboutabovethe control of anyone, or the control of allof us. This is the general-purpose -- these two purposes of the zoning law. Now it is true that everytime that we change a zone from one type to another, we unsettle that feeling of security which all citizens in the town have. It unsettles me in my line. It unsettles everybody If.changes are made repeatedly,-and perhaps easily, then there is no security there. This is one reason why we should never change unless we feel that the good of the town demands it; actually 28 demands it. The present proposition comes from no one of us citizens of Lexington. It is entirely and totally an out side proposition. It didn't come to the .mind of any of us that this was desirable, but we are 'told by outsiders that it is desirable. I believe they are right in that it will be successful financially, to them.. I believe they are right, that it would help the town in a direct way, financially. Indirectly is a very different question, and it is very hard for anyone to answer for the changes that fall upon the town, to answer whether we will profit financially or not. But whether we profit financially or not, I'think, is not the main question The main question is, faith in us, on the part of people who buy in our residential areas. I believe residential zones should be changed where the good of the• town demands it, but not other*ise. Now, as far as what.is goo&>about this :is concerned, it seems to me that the lots upon which $12,000,000 worth of buildings are to be 'constructed resulting in a tax benefit - to Lexington are pretty well by themselves. There is a ridge there, the finest view in Lexington being from the top of this property. If anybody wants to buy, or :build a house there, it's a perfectly magnificent view. Beyond' that, towards 128, the buildings that are proposed, it seems would interfere very little with the happiness or welfare 29 of citizens who now own or may in the future own property on the both sides of Spring Street. This is an island? Not quite, because where it may be business on the west of Spring Street, it is not business on the east, so that we have ,really extended, if I`say 'the blight, don't misunder- stand me, but we have extended the blight in that sense across the road to include the other side of Spring Street which is occupied by homes. All this property that is to be developed is on the lots on the west side of the hill, and seems to interfere very little if at all with the residences on the east side of Spring Street. The question of whether the road is wide enough to get in and out,,or whether that same road can be separated by a green strip 5O feet wide therefore making two roads, wouldn''t°it, in the'same place, it isn't necessary that the two roads should be out of sight of each other-- perfectly simple to have a double road with grass between, and use that for access to these properties.I believe that is a reasonable thing for the citizens of Lexington to do, provided we here tonight, or at the Town meeting, that it isn't going to upset too much the citizens who have already vested rights in this residence zone. [Applause.] The CHAIRMAN: Historically, in a public hearing for a .proposed zoning change, the people who show up are opposed 30 to the zoning change. I will ask you, in'your presentation, kindly do not be repetitive If you want to be heard, and the point has already been gone into, please consider that in the interest of time, We want ,to give everybody the opportunity to be heard, and we want to be fair about r it, but we do not want to prolong the hearing beyond reason. Please be moderate in youIr statements: Mr. Whitney. FROM THE FLOOR: May I ask the question, before the previous session ends? It is a question directed with regards to Spring Street. Is it possible considering the large value ,of this total block of land to be developed both sides of the hill -- is it possible twe'developers would pay the cost of widening Spring -Street to handle the traffic which they intend to put on the street? Mr. MAY: That question has never been asked me before, sir, and I`don't have any authority to answer. I know that I am authorized to say we will pay for all our sewer con- nections, and the town is protected because we can't get building permits unless we satisfy the Board of Health.' We know we willp y a for our own water. We know where the wain is, and build the road on our own property. Certainly the town isn't going to ,do that. -I have no authority to answer whether we will contribute to the widening of Spring Street. 31 The CHAIRMAN: Mr.', -Kingston.„ Mr., KINGSTON: Vberf H. Kingston, 4 Field Road. I have taken the liberty ,of taking some`'pictures and sl dear. I think it may,be-hpparent that I am representing myself and some of my neighbors in opposition to this zoning. I will try, if possible, to present some general facts and other views of the situation. And, if I could have the first slide, Dick, I think we could get started. I think the main argument in favor of this proposition, and there is no question about it, `,is -the possiblerevenue return to the town. This slide shows an approximate, crude calculation. It is based upon an assumed $3,000,000 assess- ment. If you believe that there will be $6,000,000, or $12,000,000, you can simply multiply the last figures. I will run through these very briefly, and explain the calcu- lations. But from some of the discussion further on, I do not believe that it can build up in the immediate future to the order or $12,000,000. -I doubt if it can be done above $5,000,000. But take the $3,000,000 basis, and take the standard 50% assessment. This works out to $1,500,000. The tax return to the town on.this, as you can see, is $109,,000. Now, it is very difficult to predict expenses. However, there is one thing that can be, done. One can look through the town .reports rand calculate the cost of a'particular' 32 installation, whether residence or commercial use. And, one can find, if you look through it, that a non -residence use s costs the town .about one third as much as residential... use. Another way of putting it, of course, _is'to say that the greatest percentage of money raised °in.the town is from houses, ;and that all the money, that comes in also goes out. If, however, one builds commercial developments, the cost to the town is about one third as much as it is on residential construction. Therefore, one can safely assume that of the $109,000 income, roughly one third on the average will go back into municipal services for such things as police, fire, public works, streets, and many other factors. In other words, for the three -to -one return on com- mercial property, and I think most land economists would agree on that. Therefore, it is only fair to take one third from the tax income to go back, and we end up with a net of $73,000 income on the original $3,000,000 value of the buildings. If you now apply -this to -.our present town assessed valuation, you come up with a -net effect in the tax rate; of $0.91. In other words, one divides $73,000 by $80,000,00, and this is roughly the change in the tax rate, 91C. Now, if you believe the $6,000,000figure, it will be $1,82. If you further believe $12,000,000, it will be $3,60. This is the best estimate that can be given. 33' Well, this is the tax situation, and Ithink it is the strong argument in favor of the proposal, I would like at this time, if you will forgive me, to take you on a very quick guided tour around the property and show some different views of it. I, would like toreinforce a statement Mr. Greeley made about the particular location, The first view -- and I might as well be candid, is taken from my own home. In fact, I took it out the bedroom window. Can I have the next slide? Can you all see this? Or should we dim the lights a-little bit? if you raise the pro- jector, you can get it up above the light. This is a view taken from the Field Road section towards the site, towards the hill. I don't know whether there is a pointer here,.but I vrill'try to point from here Roughly, about the height of that telephone pole, if you can imagine, there is,a, road running through, Spring Street. As you see, from this residential area; we look somewhat up at a fairly steep hill, and I will get into the, steepnessof the hill in a minute. Spring Street runs along through this general area about the height of the top of the post there. With the exception ofoneplot, the.vegetation is completely deciduous, the leaves falling and are down four to five months of the year, and one in effect sees the hill quite clearly and _ has a much clearer view of this whole area when winter comes. 7,7 34 Now this, mind you, is a view of the side of the hill away from 128. You are looking west. Now let's go a little bit closer and come back to the subject that came up before. Let's go over to the Waltham line and drive north on Spring Street towards Route 2, and the next slide will show you the view. This is Spring Street, coming from Waltham. On the left is the subject we won't go into more detail on now, the' Parker homestead. `,You see the sign up there on the tree. I'am`told by the,ownei that there is a monument further on which must be maintained under a deed restriction on the property. We will drive a little bit further along on Spring` Street on the next slide. Well, seems we have run into water here. Well, we are now looking across the reservoir towards the site, and I think the main thing that has been brought out before, is that it does overlook the reservoir, and as you can see, it is a heavily wooded section. The height of the hill is not so obvious here. Now, the next one I will take pat -luck on. This is the one I really wanted to show you, to go further along Spring Street -- this is one of the typical residences on this street, and Ithink the important point here is that the typical residence in this area has an average assessment in the $15,000 to $20,000 bracket, which is 35 roughly in the order of twice the average assessment in the town. In fact the total assessment of all the properties on, Spring Street.in this area is approximately $150,000, or I would guess in the normal formula of value, a third of a million dollars. These will all be affected by the de- velopment. Now, the next one is a view looking back towardsthe hill from Waltham -- the other side of the line. If you look very carefully, there is a sign down in the left and I will not mention the name of the man on the sign; That sign incidentally, is roughly at the Waltham line, I think just beyond it is the Lexington line, and the hill actually moves up away from 128. Well, this is just 'a,general,appearance of the area. I think this will be of interest to those of you who haven't been around to see it. I think itis a beautiful piece of property, and I frankly think it should be a town park, but of, course there is another way to keep it from rezoning. However, let me now digress and take you to the other corner of town. And 'could I have the next slide? This is a topographic map of a familiar site to many town meeting members. You will remember about a year ago there was a question of a land taking on the top of this hill for a town park. Now I'show this for two reasons. Number 1, 1 want you to note the altitude, 374 feet. I may 77 36` be off a few feet, but.I believe it is the highest hill in town. It has a beautiful view. The other point I want to make about it is that you should not overlook these contour Lines. Those of you who climbed this hill may ;remember how steep it was, but if you can possibly keep in -your mind how steep that walk was up the hill, and to refresh you, if you look at the town line there, where the road ends about the middle of the slide, near that No. 300, you walk up a slope roughly from that little square up to a triangle'. This, I believe, is the main path we took when we went over that area on that tour. Keeping in mind this topography, the -fact the contour spacing, the closer it is, the steeper the hill, I would like to now show you a property known as Fullers Hill, which is also in Lexington. You will note that Fullers Hill is actually the property we are considering rezoning. The height of Fullers hill is 45 feet, which I believe is 10 or 15 feet lower than Mirriam_ Hill, or Loring Hill, the other hills in the center of the town. And as Mr. Greeley pointed out, this is not only_a beautiful view from this hill, but I can state I think, with certainty, that it is the second-highest undeveloped natural hill in the Town of Lexington. And it is rather interesting to note that it is exactly opposite the town from Whipple Hill. This may, of course, bring some =aaalpgyw' to, parks, but I am • 37 not pointing; to them. Now again, let me call your attention to the contours. Take a look at the general contours around this hill. And,. Dick, could you just switch back to -.Whipple Hill so the people can get a feeling from the difference in contours. You will note they are about as wide as one of the numerals. Each contour is a 10 foot altitude change. Now switch back again _ to Fullers Hill, and you see especially near the top, the contours are probably closer spaced by a factor of 2 at any rate, if not 3 in some places, and I am trying.to bring out the fact that this hill is even steeper, much steeper in many parts than Whipple Hill. I bring this out to you to point out that those of you who have climbed Whipple Hill may appreciate how hilly this area; is. It is on this basis that I seriously question how one can: develop four large office building sites on this land, unless the parking,lots are going to be at 45 degree angles possibly. And also, I question seriously how s road as,proposed,can be,run through this property without s®rious land moving operations. Or again,, how a 120,000 square foot building can ,be placed on the site with such steep contours without serious leveling and destruction of the land value. Now let me go on and just discuss a few other items. Many of ahem have been brought up.If you look in the right, you will actually see Field Road Concord Avenue runs off 38 down to the right, with the strips along it. Route 2 is horizontal, and 128 slop�,ng down to the 1e9t If you come down Route 2, bear right at Concord Avenue, you end up in the general Concord Avenue, Field Road, Barberry Road resi- dential area. It is quite built up with what I would guess on the order of a hundred houses in this general area --' not a hundred, .but certainly a large percentage of these look over towards.thishill as I, showed, you with my second slide -- the view from my, own home:. It is certainly not protected topographically. If, ` you look at these contours, the general slope of the whole terrain is downward with:a very small rise in"the middle in between this area and our own residential area,, and the rise is only 200 feet, because actually it ;is a small knoll on the .Hilton land. Let me emphasize again the difficulty with developing to the detriment of the people living in the area. The fact that this is entirely different from the zoning across the highway which, if you look at it, is completely contoured away from the residential area. In other words, the people in Shade Street, and the Woodhaven area, not .only 'have a buffer strip, but they have the land sloping downhill. It' is not.rising above them, and pressing them in. Now, traffic has been covered pretty much, and I will just mention again some numbers. In 1957, the traffic along 39 Spring Street going in one direction during the peak rush hours -- it was 200 in the one direction during the morning rush hour, which is a two hour period -- 200 in the other direction during the evening rush hour. A traffic count taken in February, 16, 1961 by the Town of Lexington by the Town Engineer, and taken because of the serious concern of the traffic hazzard at that time, indicated that the traffic had roughly doubled; namely 400 cars going in one direction in the morning, and 400 in the other direction in the afternoon, so that with a rise of 200 cars -- 200, mind you -- the congestion at the Route 2 - Spring Street section is now extremely serious. If you would come in February, or April before that bridge was torn down, you still would have seen a very serious backup on all four streets. In addition to these present 400 cars, there is no question but there will be another 400, at least, maybe only 200, but going from 200 to 400. We have a difficult problem on our hands now, and I don't believe that the situation as it exists there now can handle any further increase. Now let me finish up very quickly with the last slide. I am not sure this is the way one decides an issue, but I think the balance sheet has only one positive entry, and that is money. Yes, 91t less on your tax rate, if the three million development goes in. If they go to six million, you will 40 get $1,80. What does this mean to you if you were the average residential owner in Lexington, ;and your assessment is about $9,000? On that basis the three million dollar building will mean to you $8,10 extra a year, or $8.10 less on your tax bill during the year. If you believe that the developers will put in the twelve million dollar development,your net ,gain then, and it is only a guess, nobody can guarantee it, but it is $32,40 saving in your tax bill. This mind you, if you have an average assessment of $9,000. Than is the positive side. I think it should be presented, and I would be less than candid if I said we wouldn't make any return on this proposition. We certainly can. However, on the minus side, Mr. Greeley has stated many of the difficulties. I have listed two or three on the negative side. One is the traffic problem, the cost of taking care of the traffic I suppose would be included in this cost figure we used before. However, the noise, detriment, and nuisance and possible outright hazzard cannot be paid for or figured in dollars. - The second negative°factor is that I firmly believe that this is extremely :poor . land :uses One sinply does not take a high', steep hill, heavily' wooded, and tear it up to put large buildings on it. 41 I might point out another thing. You will be destroy- ing what I consider several beautiful homes. And last, of course, is somethingwhich -1 can speak about from a personal point of view. I'think "the opinion of the opponents here is that we in the area certainly feel this development is detrimental to our own interests. We are worried. We are worried for obvious reasons. I might point out that there are three homes across Spring' Street who will be looking uphill at parking lots and build- ings. They are worried, and we are obviously concerned about where one draws the.line. - I think the natural line is Route 2, and I think there are some other factors. These are that if this development goes in we are stuck with a huge, interchange. Now, it is true, it won't cost the Town of Lexington much, but it will cost the state a pretty penny, the order of one or two million dollars. This doesn't hurt our tax rate, but remember, we do pay state taxes. Alternative proposals have not been investigated. I think`one serious one is a parallel access road from Waltham ' Street. I don't think peoplehave faced up to the problem of traffic in this area. I think if you are going to develop land in the town, let's put buildings on the land that we have rezoned, and wait until we see what happens` there before we rezone more land. We have two commercial 42` areas in town now. There is one building on each. Let's` wait until we can have a couple more before we go-ahead and rezone another section for a third building. Thank you, very much. (Applause] The CHAIRMAN: Mrs. Williams? Mrs. WILLIAMS: There have been a couple of points made and I am not sure how many town meeting: members are here, and whether this will have to be repeated. Therefore, that is why I Question how much value we will get from this, if there are so few proponents. If so' -many of goare opposing this, I am afraid we will have to repeat this. Mr. Greeley made the point that this does not really affect some of the people. I would like to'disagree, as'much as I hate to -- and I -think he is gone now -- but I disagree with him on that. I think we have seen how this has affected some of the people because of what happened at Raytheon. I was told at that time by one ofthe people' that if this town allowed the rezoning to occur, with Raytheon, his land would be for sale. Now it holds true for him and many others, that if this land is now rezoned, it will affect all of them, and their land might be for sale. This is only one point on how it affects people -- other people in town. Indiscriminate rezoning can setoff a chain reaction of properties for sale. 43 The other thing is that when we have looked at the; contour maps, and people say there won't be any bulldozing, and I won't go into that but to say that_I was promised at one time there would be no bulldozing in Waltham. We had a beautiful view with beautiful wooded areas behind my house. A contractor came in there and bulldozed the whole hill to fill in the swamp, and there is a lot of swamp around this beautiful hill to be filled in. Not only that, but those of you who have homes ands who have changed the contour of the land when ,you have built homes found out that there were other problems involved,;' because; by changing the ,contours, you create other problems, and these might not be problems that will be solved by the people building the buildings here, but may well turn out to be problems that will have to be solved by the town. Mr. FOX: Warren Fox, I am perhaps the only holdout from financial gain in the area. I purchased my home about six months ago I have invested close to $5,000 in alterations, and fittings since. I actually investigated before I purchased, I thought I was safe. It turns out I'am not much of a detective because one week later when.I;purchased the home that I heard and discovered what was going on. I have been approached, and I have resisted, and I intend to resist I came to this town to live. I like the town, or I wouldn't have purchased a home here in the first place. I appreciate the charm and respectful character of the town, and the residential character Ithat"is so ,prevalent. This seems to be a'question of bricks, cement, and mortar vs. lawns. You have seen the figures an the board. I realize there are some people who feel that the rate of tax is all important. I appreciate that outlook. On the other hand, just stop to think, there are many of us in this town that are two car owners. The depreciation on one car a year is about $500. And that does not take into consideration the excise tax. The saving here, or the income possibilities to the town with this development, is a pittance to pay for maintain- ing the respectable character of the town. I am proud when I travel around the country to mention where I live, and I am sure it is recognized not only for the historical value, but recognized because people have been here, and I am sure they are impressed by the charm of the town. I certainly don't care to see it go into, what I would call an industrial development direction. If this area were to be developed, I would find my present area would be untenable. I don't know what else I can do. I have written to the Planning.Board and endorsed a letter to the citizens of the town. I don'trknow.just what else is left to do, except ask you to please consider very carefully before you make this decision. 45 ,The CHAIRMAN: Kindly refrain from public demonstrations, Our time is short, and we wart to get all the information that we can. FROM THE FLOOR: I am Mrs. Charles M. Hutchins of 164 Spring Street, diagonally across from the Parker Home- stead, and I would have to repeat the repeat the remarks of Mr. Greeley and say that I love my home, and I love 'Lexing- ton. My husband and I moved here two and a half years ago. We looked for a year and a half for a location for home. We have planted extensively with shrubbery and flowers, and it will take years before we can pink A bushel of peaches. We intended to stay here a long time, and Iwould,be just sick if this hill were rezoned. We would be sitting looking at the parking lots, and I simply wish to make a formal protest against this rezoning, FROM THE FLOOR: George Kovack.I moved to Lexington, from Belmont because I like the zoning, the larger lots, and the strictly residential character of the town, and the town itself. New there are about a hundred homes in the area where I live south of Route 2. Even if they don't look directly at this hill, they are all affected. They are all concerned about this change. We will be completely isolated and surrounded by water on one side, Route 2, which is already rezoned, without bringing much income to the town, and the new rezoned area. 1 !l any land along Route 2 in this area which will be affected? Mr. MAY: The gentleman knows very well I own land, and it will not be affected. About a year ago - let me go back -- there was a corporation in Lexington called Site and Shelter which developed Five Fields. At the end of Site and Shelter's development,they were left with approximately four acres of land on the Concord Avenue side near the Concord highway. This parcel of land was offered by Site and Shelter to the Five Fields Corporation, and Five Fields Corporation declined to purchase it. The land was listed, with; every last real estate broker in the Town of Lexington, and with other people. I bought it, and recorded a.deed in ,my name. I didn't record it under any secret corporation. I didn't record it under any secret trust with unrecorded true owners.' I recorded it in my own name.; I take the tax bill in my name, 4b- I don't think that this protects our legal rights.' And I would also point out that the town I moved from, Belmont, has been able to keep the tax rate very reasonable without letting commercial property in. FROM THE FLOOR; J. L. Powel, 15 Field Road. Because I am interested in the possibility that the rezoning can creep on down Route 2, if it is allowed to begin, on the westerly side of Route 2, I would like to ask Mr. May, or Mr. Russian whether they have any land, whether they hold 1 !l any land along Route 2 in this area which will be affected? Mr. MAY: The gentleman knows very well I own land, and it will not be affected. About a year ago - let me go back -- there was a corporation in Lexington called Site and Shelter which developed Five Fields. At the end of Site and Shelter's development,they were left with approximately four acres of land on the Concord Avenue side near the Concord highway. This parcel of land was offered by Site and Shelter to the Five Fields Corporation, and Five Fields Corporation declined to purchase it. The land was listed, with; every last real estate broker in the Town of Lexington, and with other people. I bought it, and recorded a.deed in ,my name. I didn't record it under any secret corporation. I didn't record it under any secret trust with unrecorded true owners.' I recorded it in my own name.; I take the tax bill in my name, G -::. — 47 and I pay it. And I think I was a little bit more wide awake than the Five Fields Corporation because they let it slip through their hands. FROM THE FLOOR: You had more.money. Mr. FOX: Mr. Chairman, I"want to state here that I have always felt Mr. May operates strictly; with the bounds of his profession. I don't think we have any right to question in any way his personal motives in this matter. Mr. RIFFIN: I might point out that although -the -land was offered to Five Fields Corporation, I might state that we are not land developers FROM THE FLOOR: I was wondering what about the side- walks on Spring Street? The CHAIRMAN: May I have your name? FROM THE FLOOR: < Virginia Trebeno,•;83 Spring Street. The CHAIRMAN: The question is about sidewalks. MRS. TRABENO: Yes. For years we haven't had any sidewalks on Spring Street, and there is an awful lot of ch children, school c dren and now since Raytheon is down at the corner, we have had more accidents than you can speak of. It is a turmoil coming home from 4:30 on, and yet we have no sidewalks. The CHAIRMAN: The question is why are there no side- walks on Spring Street. It is not relevant to the question tonight, which is a zoning question, and I would suggest if you and your neighbors get a petition up'ind present it to the Selectmen and the Department of Public Works for side- walk construction. Thank you, very much. FROM THE FLOOR: Charles Cutter, 14 Worcester Road. Is there any other method of preserving the nights of people on the other side of Route 2 on Spring Street? I assume the ones that are going; to sell out are the developers, and they are probably upset by cars coming and going to Clevite. Is there any other way the town can help them such as digging some large chuck holes on the Waltham line, or chopping trees of something? The CHAIRMAN: Is there any other comment? FROM THE FLOOR: Vernon Page. It seems too bad that every little while we have to getthecitizens of Lexington in friction with each other. Now we have a Planning Board, and the purpose of the Planning Board was to plan the town development so that we have residential where we need it, and we have business where we need it, and manufacturing where we need it. About ten years ago we hired a town planner, and the first job was to make a master plan, and as yet,, as.fax as I know, we don't have any master plan, and -it seems to mel that it should be the responsibility of the Planning Board to decide where we should have these different zones. If we zone some more for C-3, but we have plenty of land now that hasn't been touched for C-3, isn't that right, up in North Lexington, and it seems to me that this initiative should come from the Planning Board. When these people want to buy some land and want to clean up, they should go to the Planning Board; and it should be cleared through them, if,. -the Planning Board can convince the whole town that we need this jor the benefit s= of the town _then it should go through, but until that time, it should be left entirely to the Planning Board.` I think people coming in here from out of town, taking their chances to get a piece of land here and there, and trying to change the zoning law, and upset our whole town, it is very bad. The CHAIRMAN: I would like to remind the meeting, and Mr. Page, that any group of 10 citizens, can put an article on the warrant of the regular March town meeting. A group of a hundred citizens can put any article on the warrant of a special town meeting. Any group of 200 citizens can cause to happen a special town meeting. The reason you will continually hear propositions is that 10 or a hundred, or two hundred see fit to make a petition and bring it to the attention of the town for a vote. The Planning Board has not stated its position on 7.1 50 this zoning proposition. We are here to hear all the facets of this proposition, and come to'the town .fleeting on Monday'-, night i g t w th our report. FROM THE FLOOR: Benjamin White, '18 Peacock Farm Road., I grant any number of people can make a petition, but I` submit this is the fourth piecemeal rezoning of C-3 we have been forced to consider, and if the Planning Board had put before us an overall plan for the whole town for zoning of C-3, wewould not be required to try to be planners ourselves, and to pass on the merits of each separate parcel. As a town meeting member, I don't feel competent to do so. If there were land specifically designated for C-3,;, then the number of such petitions would decrease because here would be the place for them, outlined on the plan. There would be no probability of speculators getting it past if these places were still unoccupied. I would like to speak in opposition to this article pending any overall plan for C-3 from the experts, the Planning Board, so that we can, as town meeting members, make a more intelligent decision on these separate articles as they come up. FROM THE FLOOR: Myerson, Lawrence Lane. It is my understanding that there has been a master plan completely formulated, that has been held up by release due to some internal -- let's call it red tape -- in the Planning Board. L y 51 I wonder if you can tell us anything of the contents of that master plan, and just what the Planning Board's position is with regards to this piecemeal rezoning to commercial use? The CHAIRMAN: As I have stated before, we are here to consider this proposition of zoning tonight. At 20 minutes after 9:00, I do not want to get into a discussion of the internal politics of the Planning Board. I might state that we have policies in the Board,,an4' I am forced to admit they haven't been published as yet. We do still have hope to publish these. But tonight we are here to hear opinions on this zoning propsotion. FROM THE FLOOR: Our current zoning By-law isn't a secret for anyone. They can get -a copy of it at the town offices, but perhaps Mr. Soule can tell us what land exists now on which an office building of _this sort could be built, if the people who are willing to develop it could put a three million dollar building on it now, without rezoning. The CHAIRMAN: Land of this size which is presently zoned for C-3 -- there is on the easterly side of Spring Street about 40 acres the westerly side of Spring Street zoned C-3 is in the entire ownership of Raytheon Corporation, and there is no other C-3 land in Lexington at the present time. - FROM THE FLOOR Can a building of this'. sort be built iI 52 in an M-1 area? The CHAIRMAN: I believe so. Is Sam still here? Sam is not here. Mr. MAY: The answer is yes. The CHAIRMAN: The answer is that this building could be built in an M-1 area by Mr. May's tatement here. FROM THE FLOOR: I still don't see how this can be discussed without reference to the internal politics of the Planning Board. We are seeing creeping re-zorning. There must be a plan put before the people before anymore creeping,; rezoning can be tolerated by people who live in the area. The CHAIRMAN: In December of 1946, at a special meeting of the Planning Board, there was adopted the policy set forth below. Since that date, the Board has not revised or amended these policies. (1) That the Board restudylu proposals for intensity, parking, loading, and similar requirements for M-1 and C-3 zoning, and recommend to the town the adoption of provisions to accomplish more adequate regulation than exists under the present zoning By.lAw.. (2) That no enlargment of M-1 or C-3 districts be recommended until the town adopts what the Board considers to be adequate provisions for obtaining the standards:de•` sired for such districts. (3) That no consideration be given to 'the -rezoning of land on the easterly side of Route 128 for non-residential 53 use except uses which will provide services of direct benefit to residents of Lexington. And in general, to consider such rezoning only after specific projects have been presented to the Board. That was the policy that the Board adopted in 1946. FROM THE FLOOR: That seems to be contrary to the present zoning problem. FROM THE FLOOR: What was the date on that? The CHAIRMAN: December 15, 1956; FROM THE FLOOR: I live across from Clevite which they put over there, on what you call the other side of the island. People should drive by there at night if they want to see what the buildings look like alt lit tip. I am really opposed to it. FROM THE FLOOR: My name is Weis, and I live on Lowell Street. In accordance with what you just read, the present, plan does not consider a complete and detailed plan for the proposed rezoning area. Therefore, it would seem that it does not come under the Planning Board's recommendations for consideration for rezoning. I would like to know the answer to the following from the Planning Board Here it is three days I believe before town meeting, at which the town meeting members are tovote on this. The Planning Board hasn't come out with,a public statement on it. The town meeting members are not as 7 F1 PVT proficient in these matters as the ,Planning Board -is, and the townspeople know even less about it. This is supposed to be a town where the average town person can participate in his government by informing his town 'meeting member, who in turn votes on this. The people have no intelligent basis for discussion of any of these problems in this time. There has been no relevant information publicized that I know of, and no opportunity for discussion. This is the first such oppor- tunity. We certainly don't have a large percentage of the town here, and it doesn't look as though we are going to have many.more by Monday: My,question is why does this stuff have to be rushed so much to the point that we can't,get'the information through to the people so that some intelligent result may be obtained? The CHAIRMAN: First, I would like to reiterate the purpose of this hearing is to have the Planning Board hear information relative to the zoning proposition. The reason that it three days prior to -atown meeting is because we didn't know when a town meeting was going,to be, o,It depended upon the architects of the Senior High School. They did not know whether they would come in for town meeting, be ready to come in or not, right down to the last possible town meeting. This was back in May. Legally, there has to be a_three week notice on a public hearing. The notice had to be in the paper on Tuesday following the Monday that the Selectmen decided to have a special town meeting. The reason the town meeting was not held later in the summer is, that it is felt that with people leaving town on vacations, that mid-June is the last possible date and time that the meeting could be held. - Believe me, the Planning Board does not relish the, thought of sitting down after everybody goes home tonight and between now and Monday, to write,a comprehensive report to read in this hall at 8:00 o'clock Monday night. We would much rather have a long time. However, we could not bring a report to the town meeting in,a shorter time. If there is no report, the article must be indefinitely,post poned, and it cannot be brought to vote. We feel that the article is important enough to have it considered fully. There are pressures on both sides, so that,the town meeting should have an opportunity to vote on this proposition. FROM THE FLOOR: It is nicetosee a zoning article coming in that isn't at least spot zoning. This is creeping zoning. As far as I can; see, C-3 is going to engulf us in the Concord Avenue area, but I don't think enough emphasis has been mentioned about one point, and that was about the topography of the area, the natural beauty of the hill li ' ion We have been. resented with a ne that is in quest p drawing tonight indicating whet can be put in there. We recognize physical assault. It is easy to say a beautiful building can be put in there, but we have seen no elevation drawings or renderings. It would be very easy not to 'destroy_ the natural beauty of this area, but even if attempts were made to keep it, it would be easy to put a monstrosity in there. I think that the proponents of this have come here without giving the town some idea of what they really intend to put up there, and on that basis alone should be turned down. The CHAIRMAN: Mrs. Brown. Mrs. BROWN: I would like to make one statement, which I will make anytime anybody will listen to me. The only way to keep a piece of land from changing is .to zone it, and to resist the change of zone. It seems to mein a sense that we who are owners of land, and we have bought because we wish to keep our own plots free of somebody else's house, have to look at the broad picture of the town in the same way. And land which is zoned for a given use, it seems to me should remain in that given use unless it is transparently clear that it must change. Now, with regards to the controlofarchitecture, aAd 57 what kind of -a building;goeston a piece or land, we have to face the brutal fact that it is strictly none of our business. This is not the point. The point,is the use of the land. Nobody in this town except the building inspector, with regards to certain laws,; can control, or has any right to control architecture, and what, goes on that hill might be beautiful or it might be incredible, but i€ it meets-cer- tainstandards, it is legal, and that is what we accepted when we rezoned it - if we rezone it -, So we have'`to say that if we want to keep land empty,in this town, really empty, nothing on it, then we make a park and I am all for as many parks as we can make. ,It is the cheapest way of using town land, as well as the most attractive way, and.if it is a question of homes,let's have homes. If it is a question of something else, let's have something else, re- membering, that there are homes we don't like too. The CHAIRMAN: If anybody has anything newto present to the meeting, I would like to hear from you now. FROM THE FLOOR: I would like to ask how much land is presently available on the other sections of Route 2? The CHAIRMAN: How much land is available for what, sir? FROM THE FLOOR: For the C-3 purposes. The CHAIRMAN: The balance of the land in the town would be some expansion of the existingM-1 area with which you are familiar, and a portion of land on Route 2-A, across from Howard Johnson at Route 128, across from the Lexington line. And this is about all the available non residential land left to us in Lexington. FROM THE FLOOR: For example, is there room enough' for several units such as Raytheon? The CHAIRMAN: Up in the M-1 zone possibly, yes. Mr. Whitney? Mr. WHITNEY: This is just a small point with regards to one made earlier, the effect on the town of this develop- ment. If they develop it industrially,they will probably clear a large portion of the land. If you look at the topo- graphical map, you will see half the water shed is going to end up on Spring Street, and they will have to provide -- the town will have to provide for, carrying it away on that side, and the state on the other side. This is an additional cost the town will have to bear for`,sewers and repaving`. The CHAIRMAN: There apparently being no further comments,, I would like at this time to call for a show of hands of those in favor of this proposition. Let the record show seventeen (17) indicate that they are in favor. Those opposed? Let the record show one hundred and ten (110) indicate that they are opposed.