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HomeMy WebLinkAbout1961-09-11PLANNING BOARD MEETING ' September lls 1961 On Mondays September Us 1961 at 7:15 p.m. the Planning Board held a regular meeting in its office in the Town Office Building. Present were Chairman Soule, members Grindles Brysons Mabee and Meyers and Planning Director Snow. Considered first were the following Form A applications for determination of Planning Board jurisdiction: #61-45s submitted September 51 1961 for Spring Street Trust by John J. Hammond, Trustee; plan entitled "Plan of Land in Lex- ington, Mass."s Scale: 1" = 40's dated Sept. 51 1961, Miller & Nylanders C.F.'s & Sur- veyors. #61-46$ submitted Sept. 6s 1961 by Marjorie J. Nevilles agent for James Neville; plan entitled "Plan of Land in Lexington, Mass."s ' Scale: 1" = 40's dated August 29s 1961s Miller & Nylanders C.E.'s & Surveyors. #61-471 submitted Sept. 8s 1961 by Catherine V. Kelly, Norman T. Mays agent; plan en- titled Plan of Land in Lexinatons Mass."$ Scale: 1" = 30's dated April 22s 1961s Miller & Nylanders C.F.ts & Surveyors. Upon motion duly made and seconded, it was unanimously VOTED: that the Lexington Planning Board determines that the plans accompanying Form A applica- tions #61-451 #61 -46 -and #61-47 do not re- quire approval under the Subdivision Control Laws and that said plans be so endorsed. Considered next was the letter of August 31s 1961 from Mr. John J. Carrolls Superintendent of Public Works, to Eugene C. Roberts III giving evi- dence that the required work in the Middle Ridges Sec. 3 subdivision had been completed to the satis- faction of said superintendent. Mr. Snow reported ' that on January 20s 1960 the Board had received from Mr. Roberts a grant of utilities in said subdivision. All other matters appearing to be in order it was moveds seconded and unanimously "sJ4&W MIDDLE RIDGE SEC. 3 ROBERTS 9-11-61 -2- Mr. Jackson was informed that it was desired to acquire immediately Part A of the Jackson prop- erty as shown on the plan, and that the Board was ' Interested in obtaining an option for the Town to purchase said Part A. In regard to Part B on which VOTED: to return to Eugene C. Roberts III his check ' for $1000 that secured the performance by him of his agreement with the Town, dated January 201 1960s to complete the construc- tion of the ways in the Middle Ridge Section Three subdivision by constructing the side- walks and loaming and seeding the shoulders. Likewise considered was the application of MARRM Adam Grigor for approval of the Marrett Gardens Sec - GARDENS tion Two definitive subdivision plan. Mr. Snow SEC. 2 called the Board's attention to a letter, dated Sep- tember 11, 1961s from the Board of Health approving GRIGOR said subdivision. He also called to their attention the performance bond secured by a deposit which had been filed with the Board by Mr. Grigor. All matters appearing to be in order, it was moved, seconded and unanimously VOTED: that the definitive subdivision plan entitled "Marrett Gardens Section Two Lexington, Mass.", dated May 121. 1961, which was submitted to the Board by Adam Grigor on July 171, 1961, accom- panied by an application for approval of defin- itive plans Form C, dated July 12, 1961s, be and hereby is approved subject to the following ' condition: that the provisions of the rules and regula- tions of the Board are hereby waived in this instance only to the following extent: that the permanent turnaround at the end of Roose- velt Road be 110 feet in diameter. The Board held a preliminary discussion and JACKSON LAND then met with Mr. C. Henry Jackson and son from 8:15 FOR to 8:35 P.M. to discuss further the matter of acquir- RECREATION ing as an addition to the Center playground a part PURPOSES of the Jackson property numbered 40 Clarke Street. (See minutes of Planning Board meeting of June 261 1961 and Board of Selectmen's meeting of July 24, 1961.) Particularly discussed was a plan, copies of which were given to Mr. Jackson, said plan being en- titled "Portion of C. Henry Jackson Land Recommended for Playground and Other Public Purposes," dated June 9, 1961 and prepared for the 'Planning Board by Mr. Snow. Mr. Jackson was informed that it was desired to acquire immediately Part A of the Jackson prop- erty as shown on the plan, and that the Board was ' Interested in obtaining an option for the Town to purchase said Part A. In regard to Part B on which 9-21-61 Mr. Jackson stated that he would take these matters into consideration and advise the Board of what he thought Part A was worth and what arrange- ments he would be willing to enter into in regard to Part B. Town Counsel Stevens next met with the Board to discuss with it several matters under considera- tion. With reference to the Cary Acres Section Two subdivision, Mr. Stevens informed the Board that he ' had not been able to enter into any agreement with the attorney for the subdivider, Cary Realty Trust, in re- gard to the unauthorized sewer which had been con- structed in a drain easement in lot 319 of the subdivi- sion elan. Tt was agreed that the Town Counsel should write a letter to said Trust stating that if Mr. 1,4. T. Ferguson of 16 Fairbanks Road did not wish to pay sewer betterments for the use of this unauthorized sewer, and also if said 'trust did not open up the sewer for in- spection purposes, then said sewer must be cut off and closed within a period of time to be mutually decided upon by the Town Counsel and the Superintendent of Public Works. At 9:00 p.m. Messrs. Antonio and Alfred Busa and their attorney, Mr. Alfred P. Tropeano, met with the Board at the time the Town Counsel was present to discuss the Boards letter of August 21, 1961 to Mr. Antonio Busa with reference to the proposed Section 7 addition to the Green Valley residential development. Two plans were also discussed, these being dated August 31, 1961s prepared for the Planning Board by Mr. Snow and entitled, respectively, "Study of Layout for Green Valley Section Seven Subdivision - Scheme One" and ' "Study of Layout for Green Valley Section Seven Subdivision- Scheme Two." In regard to one major point in said letter -3- CARY ACRES SEC. 2 CARY REALTY TRUST GREEN VALLEY SEC. 7 BUSA there was a range of greenhouses, Mr. Jackson was in- formed that the Board would like to enter into some sort of an arrangement with him wherein the Town could acquire now the land included in "art B and lease the land to him for a number of years to enable him to use the greenhouses. Mr. Jackson was told that if this was not a satisfactory arrangement perhaps one could be made wherein a price could be agreed upon now to nay for the land included in Part B at the expiration of a period of years. Tn either case details, such as the duration of the period and other terms, would have to be discussed further. Mr. Jackson stated that he would take these matters into consideration and advise the Board of what he thought Part A was worth and what arrange- ments he would be willing to enter into in regard to Part B. Town Counsel Stevens next met with the Board to discuss with it several matters under considera- tion. With reference to the Cary Acres Section Two subdivision, Mr. Stevens informed the Board that he ' had not been able to enter into any agreement with the attorney for the subdivider, Cary Realty Trust, in re- gard to the unauthorized sewer which had been con- structed in a drain easement in lot 319 of the subdivi- sion elan. Tt was agreed that the Town Counsel should write a letter to said Trust stating that if Mr. 1,4. T. Ferguson of 16 Fairbanks Road did not wish to pay sewer betterments for the use of this unauthorized sewer, and also if said 'trust did not open up the sewer for in- spection purposes, then said sewer must be cut off and closed within a period of time to be mutually decided upon by the Town Counsel and the Superintendent of Public Works. At 9:00 p.m. Messrs. Antonio and Alfred Busa and their attorney, Mr. Alfred P. Tropeano, met with the Board at the time the Town Counsel was present to discuss the Boards letter of August 21, 1961 to Mr. Antonio Busa with reference to the proposed Section 7 addition to the Green Valley residential development. Two plans were also discussed, these being dated August 31, 1961s prepared for the Planning Board by Mr. Snow and entitled, respectively, "Study of Layout for Green Valley Section Seven Subdivision - Scheme One" and ' "Study of Layout for Green Valley Section Seven Subdivision- Scheme Two." In regard to one major point in said letter -3- CARY ACRES SEC. 2 CARY REALTY TRUST GREEN VALLEY SEC. 7 BUSA of August 21s Mr. Troreano stated that he believed Circle Road as shown on Land Court plan #6807 was a public way under the terms of the Zoning By-law. He pointed out that Mr. Alfred Antonelli and Mr. Alfred S. Buss, owned residences numbered 38 and 34 Circle Roads these residences being located on lots 213 to 221 inclusive as shown on said plan. Mr. Troneano said a Land Court decree granted these people rights to use Circle Road in conjunction with the rights granted to others. Mr.. Stevens pointed out that Circle Road was a private way, that a person or a subdivider cannot by dedication make a road a public way and that the question was whether Mr. Antonio Busa, who owned the abutting land which was not regis- tered, could show that he had rights or could grant any rights to others to use Circle Road as shown on said Land Court plan. Discussion in regard to a second major point in the letter referred to above centered around whether or not Circle Road as shown on Land Court plan No. 6807 was adequately constructed, in the Planning Board's opinion, to provide a second means of reasonable access to Mr. Busa's proposed subdivi- sion. Mr. Tropeano said that the Busa brothers had an agreement to build a residence for Mr. and Mrs. Zagami who owned lots 207-212 inclusive,that Mr. Antonio , Busa had an agreement to purchase from the Guisseppi Russo estate lots 222-233 inclusive, that negotia- tions had been entered into to purchase lots 234 and 235s numbered 27 Circle Road, and that Mr. -Alfred Busa had made an offer to the Selectmen to purchase all town -owned lots on said Circle Road. Mr. Alfred Busa said that the Planning Board was being informed of these facts because in his offer to the Selectmen to purchase the tax title lots on Circle Road he agreed to complete said road according to town speci- fications including the installation of a sewer, if there was an available connection, water mains and hydrants. He said he was repeating this offer to the Planning Board understanding that the Selectmen re- ferred the possible sale of tax title property to the Planning Board for a recommendation. In discussing the matter with the Town Counsel he stated that if the Planning Board believed this offer to be important he could prepare an instrument setting forth just how an agreement w hich was entered Into would be carried out. The Board took the matter under advisement. The attention of the Planning Board was called ' to a copy of a memorandum, dated September 8, 1961.* 9-11-61 from John J. Carroll to Robert L. Higgins, stating that on September 5, 1961 the Board of Selectmen voted to adopt a 44 -foot width of pavement as stand- ard for a 70 -foot road right-of-way. It was noted that it had been decided that in the future all sec- tions of Emerson and Worthen Roads would have a 44 - foot wide pavement. The Planning Board decided to discuss this matter with the Selectmen. The Board's attention was also called to a letter, dated September 8, 1961, the Planning Director had received from Mr. J. Carlisle Crouch, Chief of Operations, Pegion 5, National Park Ser- vice, with reference to Mr. Snow's request of July 25 to the Director of the Park Service seeking a statement of the Service's intentions as to land ac- quisition or interest in the Lexington Office Center Trust proposal to have its land on Route 2 A rezoned as a special commercial district. In his letter Mr. Crouch indicated that the Service did not believe it was in a position to object to any steps the Lexing- ton Planning Board might take to rezone the tract of land owned by said trust. (See addenda.) -5- EMERSON AND WOR THEN ROADS PROPOSED C3 DISTRICT NATIONAL PARK SERVICE The remainder of the meeting was devoted to a draft of a set of suggested amendments to the Lex- PROPOSED ' ington Zoning By-law for the area bounded by Route ZONING 128, Bedford Streets the Bedford -Lexington town AMENDMENTS lines and the proposed access road from the Air Base 0 to Route 128. Mr. Snow was asked to prepare this M 1 and C 3 draft in final form for the ?Tanning Board to con- DISTRICTS sider in detail and to use the suggested amendments as a basis for preparing an agenda for an Informa- tional meeting to be held the following evening for property owners in Lexington's light industrial dis- trict. The Planning Board adjourned its meeting at 10:30 p.m. Robert E. Meyer, Clerk ADDENDA United States Dept. of the Interior ' Region Five, 143 South Third Street, Philadelphia September 8, 1961 Mr. Samuel P. Snow Planning Director Planning Board Town of Lexington Lexington, Massachusetts Deas Mr. Snow: This is pursuant to Mr. Lee's letter to ,you of August 24 and in further reply to your letter of July 25 to Director Wirth in which you requested a statement from us in regard to the proposed rezoning by the Town of Lexington of a tract of land owned by the Lexington Office Center Trust located south of Marrett Road. We regret that we have been so long in answering your letter. While this Service has an intense interest in preserving the historic scene of Minute Man National historical Park and the adjacent land, we do not feel we are in a position to object to any steps the Lexington Planning Board may take to rezone this tract. Our future plans for land acquisition do not extend into this area; however, as you have pointed out in ,your letter the land values of property rezoned from single family resi- dence use to that of commerce or industry would increase enormously over present fair market values. Also, we assume that it could have marked effect on nearby lands within the Park boundary proposed for acquisition. Naturally, this causes us quite some concern and we are thankful that we have been forewarned of the possible impact of appreciated land values In this vicinity. We deeply appreciate the opportunity to comment on the re- zoning prorosal and thank you kindly for ,your thoughtfulness in this and the many other courtesies you have extended to us in the past. Sincerely yours, J.Car lisle Crouch Regional Chief of Operations 1 PLANNING BOARD MEETING ' September 18, 1961 On Monday, September 182 1961 at 7:30 p.m. the Lexington Planning Board held a regular meeting In its office in the Town Office building. Present were Chairman Soule, members Bryson, Grindle, Mabee and Meyer, and Planning Director Snow. The Board approved for payment a bill from Spaulding -Moss Co. in the sum of $6.05 for a compass. The Board also confirmed the action by the Planning Director in approving for payment since the previous meeting of the Board the following bills: Chandler - Davis Publishing Co., booklets -415-44; Wesley J. Fwell, drafting services and reimbursement for use of automobile for period ending September 8, 1961-- $122.00. Considered next was a letter, dated September 11, 1961, to the Board from Mr. Dudley Redden of Schofield Brothers with reference to the Board's de- termination that the plan accompanying Form A apnli- cation #61-44 did require approval under the Subdivi- sion Control Law. In connection with said letter there was considered a draft of a reply to Mr. Reddents request for a reconsideration of the Board's determination. The Board approved said draft which was signed by the Chairman. (See addendum.) Mr. Snow reported that Mr. George J. DeVries of Westchester Estates, Inc, had discussed with him the Planning Boardts action taken.at its September 5, 1961 meeting in returning to said corporation checks that secured performance of agreements to com- plete certain installations and construction in the Lowell Estates subdivision. Mr. Snow stated that Mr. DeVries believed that an additional check should be returned to him and requested that this be done. Mr. Snow said that in locking^ into the matter he had noted that the Board had overlooked Mr. John J. Carroll's letter of March 27, 1961 giving evidence that certain other work in the Lowell Estates subdi- vision had been combleted to the satisfaction of Lexington's Superintendent of Public Works. All matters appearing to be in order, it was moved, sec- onded, and unanimously ' VOTED: to return to Westchester Estates, Inc. its check for $2500.00 that secured the perform- ance by said corporation of its agreement BILLS FORM A LOWELL ESTATES DE VRIES 9-18-61 -2- with the Town, dated June 20, 1960, to com- plete the installation and construction of the ways and services to serve lots numbered 23, 24, 25, 26, 32s 33s 36s 37s 38s 39, 40, 41, and 42 and Parcel F in the subdivision entitled "Lowell Estates Lexington, Mass.", dated December 9, 1958. From 8:00 to 8:30 p.m. the Board held a n ub- TILLINGHAST lic hearing relative to the application of ?obert 0. and Ann R. Tillinghast for approval of the subdivi- sion of their property bounded by Adams and Meriam Streets and lots fronting on said streets and Ber- wick Road. Eight persons attended the hearing. The Chairman 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 had been advertised in the August 24, 1961 issue of the Lexin7ton Minute -man. He then explained the procedure in conducting the hearing. The peti- tioners not being present, the Planning Board dis- cussed with those present the elan as they under- stood it and the questions which the people attend- ing the hearing raised. It was pointed out by the Chairman that the plan had been referred to the Town Engineer and the Board of Health but that the Board had not received to date any reports on the plan. Mr. Charles P. Whittemore of 96 Meriam St. asked what arrangements were being made in regard to the entrance of his driveway onto the proposed road in the subdivision. He was told that he would have direct access. It was pointed out, howevers that there was a question in regard to the profile of the proposed road as shown on the plan, the pro- file appearing to be much steeper than existing grades. It was also stated that this matter would be discussed with the Town Engineer. Mr. Robert A. Bittenbender of 85 Meriam St. and Mr. g. Bigelow Moore of 50 Hancock St. both thought that the subdivision of the Tillinghast property into five lots would not be in character with the neighborhood. It was pointed out that each lot had the minimum area and frontage required under the zoning by-law. There was then sketched on the plan the minimum yard requirements for each lot in- dicating that there was more than sufficient room to - have a moderately sized house and yard on each of ' said lots. Mrs. Collins of 17 Adams Street asked when the 9-18-61 -3- Planning Board would take action on the subdivision plan. It was stated that October 16 was the last date of the last regularly scheduled Planning Board meeting on which the Board could take action on said plan. At 8:30 p.m. Mr. Fznilio Spagnuola of Kingston Homes, Inc. and Mr. Donald N. Sleeper, Jr., attorney KINGSTON for said corporation, met with the Board to file a HOMES definitive subdivision plan, said plan being untitled, INC. dated September 14, 1961, and consisting of seven sheets. Mr. Sleeper explained the details of the clan and then discussed with the Board its letter of June 6, 1961 to h4m with reference to the study plan. Mr. Snow had previously prepared and upon which the definitive subdivision plan was based. (See minutes of Planning Board meeting of June 5, 1961). The Board scheduled October 9, 1961 as the date on which It would hear the application of said corporation for approval of the definitive plan. From 9:00 to 9:20 p.m. Town Counsel Stevens met with the Board to discuss with it several matters currently under consideration. ' Mr. Snow presented to the Board for its con- sideration the estimated cost of holding a hearing in C 1 DISTRICT connection with the proposal to rezone from R 1 to REZONING C 1 use a parcel of land as an addition to the Country -PROPOSAL side, Inc. local business district. He recommended that the Board set a fee of 45 to cover the cost of COUNTRYSIDE, holding the hearing on the petition which had been pre -INC. sented. (See minutes of the Planning Board meeting of September 5, 1961.) The Board approved of Mr. Snow's recommendation and authorized him to write a letter to Mr. Christoforo, attorney for Countryside, I_nc., noti- fying him of the fee which the Board had established and that the Board would set a date for a public hear- ing and advertise for the same upon payment of said fee to the Town of Lexington. (See addendum.) From 9:25 to 10:10 p.m. the Planning Board met with a group of Town Meeting Members from Precinct 1 to discuss at their request proposals for improve- ments in the vicinity of Countryside; i.e., at the intersection of Lowell and Woburn Streets in Lexing- ton. Those present were Robert H. Gray, Homer J. Hagedorn, Mr. and Mrs. Franklin C. Hudson, Jack L. Mitchell and Sumner E. Perlman. (See minutes of Plan- ning Board meeting of May 15, 1961.) ' The group -presented its studies in regard -4- to proposals for improvements and filed a written HARRINGTON report of recommendations with the Planning Board ' P.T.A. together with traffic data which they had assem- bled. The group also presented a plan which they COUNTRYSIDE had prepared for consideration b the Planning Board. The plan, dated August 2, 19612 was pre- sented as proposed revision of a plan dated August 7, 1961, prenared by John J. Carroll, Town Engineer, and entitled "Plan of Street and Build- ing Details Lowell and Woburn Street Lexington - Mass." Mr. Hagedorn requested that the Planning Board consider this material and formulate recom- mendations to the Selectmen in regard to the pro- posals which his group had presented. The Board indicated that it would take the matter under ad- visement, studying the material presented. From 10:10 n.m. until the end of the meeting SUBDIVISION Mr. John J. Carroll, Superintendent of Public Works, ADMINTSTRA- and Town Counsel Stevens met with the Board with TION reference to Mr. Carroll's two letters of July 19, 1961 to the Planning Board setting forth recommen- dations in regard to the construction of sidewalks In subdivisions and the filing of definitive sub- division plans with the Planning Board. In regard to the filing of definitive subdivision plans with the Planning Board, without the applicant first , obtaining from the Superintendent of Public Works a letter approving the subdivision plan, the fol- lowing procedure was agreed upon: (1) that the Board would notify the Superintendent of Public Works as soon as possible after an application had been submitted indicating the filing date of the application and the date which had been scheduled for a public hearing 3.n regard to the same; (2) that the Board would transmit to him a correct set of prints of the definitive plan submitted and would request him (a) to inform the Board by letter either that he approved the plan as filed or that he would like to have certain changes and/or addi- tions incorporated in the plan, and (b) to furnish an estimate of the cost of performing the various items of work shown on the plan; (3) that should the Superintendent of Public Works suggest changes or modifications to be made in the plan the Board would transmit a modified plan to the Superintendent to enable him to have an opportunity to review modi- fications and changes prior to final approval by the Board. In regard to Mr. Carroll's proposal of an alternate method of constructing sidewalks in sub- divisions he was informed that the Planning Board 9-18-61 ' could not require the construction on said sidewalks way. -5- the developer to deposit cash for of a final one -inch finishing course after the street becomes a- public The Board adjourned its meeting at 11:15 p.m. obert E. Meyer, Clerk ADDENDUM September 19, 1961 Mr. Dudley Redden Schofield Brothers 48 Park Street Framingham, Mass, Dear Mr. Redden: In reply to your letter of September 11, 1961s the Lexington Planning Board at its meeting last night reconsidered Its previous determination that the plan accompanying Form A anplication #61-44, submitted by Schofield Brothers on August 2%, 1961 for Lloyd C. Goodrich, required approval under the Subdivision Control Law. It was noted that when layout shown on Land Court Plan #23315A Is subdivided into lots 5 and 6 the plan does not fulfill the requirements of a subdivision under Section 81-K of the Sub- division Control Law, Lot 6 does not have "frontage (a) on a public way, or (b) a way shown on a plan theretofore approved In accordance with the Subdivision Control Law, or (c) a way in existence when the Subdivision Control Law became effective (in the Town of Lexington), having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to'be erected thereon.` The frontage of lot 6 should be at least 150 feet as is required by the Lexington Zoning By-law. The Board, therefore, reaffirmed its decision that the plan ' accompanying Form A application #61-44 does require approval under the Subdivision Control Law. The Board is returning 9-1A-61 -6- herewith the print accompanying your letter of September 11. , Yours very truly, LEXINGTON PLANNING BOARD /s/ Richard N. Soule, Chairman FPC. September 19, 1961 Mr. John Christoforo Hale & Dorr 6C State Street Boston 9, Mass. Dear Mr. Christoforo: The Town Clerk has filed with the Planning Board a letter stating that the petition you filed with him has 165 cor- rect names of registered voters in the Town of Lexington. The Board has determined the area immediately deemed to be affected by the proposed amendment to the zoning by-law, has estimated the costs of holding a public hearing 6n the ' etiti.on, and established a fee to cover said costs at 45.00. If -you will mail the Board a check made out to the Town of Lexington in the sum of $45.00, the Board will set a date for a public hearing and advertise said hearing in the local newspaper. Sincerely yours, LEXINGTON PLANFTNG BOARD jsf Samuel P. Snow, Planning Director 1