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HomeMy WebLinkAbout1961-11-27PL.AN71YG BOARD MEETITTG November 27, 1961 On Monday, November 27, 1961 at 7:40 p.m. the Lexington Planning Board held a regular meet- ing in its office in the Town Office Building. Present were Chairman Soule, Members Grirdle, Brvson and Meyer, and the Board's secretary, Mrs. Macomber. Annroved for payment were the following bills which had been presented: Minute -man Publications, ad.vert3sinn--"4.90; Samuel P. Snow, car allowance for November --20.00: Boston Law Book Co., Book and sub- scrintion to future service --X25.00; Charles M. Evans ?- Associates, nrofessio^al services --A1,500; H. B. McArdle, office sunnlies--118.60; T. Fr. peenstierna, appraisal service --125.00. From 7:h5 to 8:00 n.m. Mr. Donald L. Legro, attorney, of 1842 Massachusetts Avenue, met with the Board. He stated that he represented the Douglass brothers who wish to erect a funeral home upon a portion of the Ladd lot numbered 2001 Massachusetts Avenue and located between Massachusetts Avenue and Tlorthen Road.. Mr. Lercro also stated that the Douglass brothers had an agreement to purchase the Lade house and lot nronosing to subdivide the lot laterally into two new lots, Lot A fronting on Worthen Road and Lot B retaining the Ladd house and fronting; on Massachusetts Avenue. Ile said it was the intention of the Pouglass brothers to retition the Board of Anneals for a variance to erect a funeral home on Lot A, but before doing so was seeking the Planning* Board's attitude towards such a nronosal. BILLS BOARD OF APPEALS DOUGLASS BROTHERS Mr. Legro said he was well aware of the zoning nroblems which involved funeral homes, that they neither fitted into residential districts nor obviously Into commercial districts where they create snecial traffic nroblems and do not take into consideration the Feelings of those being served. He said there were no adeauate provisions for the location of such homes but believed that; the rear of the Ladd lot was a suitable answer to the location problem in Lexing- ton. He pointed out that this lot was bounded on one side by land owned by the LexinF�ton Home for tYe Aged and on tre other site by St. 7riaid's church. He stated that if the Douglass brothers were allowed to use Lot A for the erection of a funeral home, there would be, adequate room on said lot for narki.np_; facil- ities so that processions would not have to form on 11-27-61 -2- Worthen Poad. He said the Douglass brothers would be w~lli.ngr to separate the lot with a screen alantins. Mr. Lego was asked if he rad tal',ed with owners of abutting nronerties. He said that he pro - nosed to do so but wished to obtain the Planning Board's reaction first. Mr. Soule informed Mr. Lef-ro that Mr. Snow had recommended that each member of the Board read the ASPO information report on funeral homes and that after this had been done the Board would discuss the matter and notify Tir. Lego of its opinion on the pro- nosal. f#61-72, submitted. November 24, 1961 b}* Vi_ano Pronerties, Inc., by A. F. Viano; plan en- titled "Plan of Land in Lexington, Mass.", Scale: l" = 401, dated Nov. 22, 1961, Miller & Nylander, C.E.'s & Surveyors. Upon motions duly made and seconded, it was unanimously VOTED: that the Lexin�-ton Planning Board determines that the plan accompanying Form A #61-71 does I. Mr. August Schumacher of 11.8 Wood Street met SCHUMACHER with the Board next to obtain an informal opinion in PROPOSED regard to the plan he exhibited showing a subdivision SUBDIVISION of his nroperty. Noting* that the nronosed subdivision had only one means of access to it, Mr. Schumacher was informed that the Board would not approve the plan un- less there was provided a second means of access to said subdivision. Several suggestions were made as to where he might locate a road for this purpose. Mr. Schumacher was also informed that the streets in the subdivision had to have a right of way 50 feet in width and that no dead-end street longer than 500 feet in length would be approved. Mr. Schumacher kept his subdivision plan to studv it further, leavinrr the meet- ing at 8:25 p.m. The Board then took under consideration the FOPMS A following Form A applications for determination of Planning Board jurisdiction: X61-71, submitted November 24, 1961 by Louise M. Brogna; plan entitled "Plan of Land In. Lexinrrton Mass.", Scale: 1'T = 401, dated Nov. 15, 1961, Miller �� Nyland.er, C.E.'s & Survey- ors. f#61-72, submitted. November 24, 1961 b}* Vi_ano Pronerties, Inc., by A. F. Viano; plan en- titled "Plan of Land in Lexington, Mass.", Scale: l" = 401, dated Nov. 22, 1961, Miller & Nylander, C.E.'s & Surveyors. Upon motions duly made and seconded, it was unanimously VOTED: that the Lexin�-ton Planning Board determines that the plan accompanying Form A #61-71 does I. 11-27-61 -3- not require apnroval under the Subdivision Control Law and that said plan be so endorsed with the added notation that the Q.2 acre parcel does not have the frontage required under the Lexinrnton Zoning By-law. VOTED: that the Lexington Planning Board determines that the plan accompanying; Form A application #61-72 does not require approval under the Subdivision Control Law, and that said plan be so endorsed. From 8:30 to 8:115 p.m. Mr. Antonio Busa met Considered next were the notices of petitions to be heard by the Board of !appeals on Yovember 28. BOARD OF It was decided to take no action on the neti_tons to APPEALS be heard. Town Counsel Stevens met with the Donrd from 9:05 to 9:25 p.m. Considered first with Mr. Stevens was the with the Board to discuss with it his subdivision GREEN VALLEY plan to be entitled "Green Vallev, Section Seven" SEC. 7 (see minutes of the Planning Board meetings of Sep- tember 11 and October 16, 1961). He requested that BUSA the Bard annrove Scheme Two of the two studies which Mr. Snow had prepared for the Board on August 31, 1961. Mr. Busa said that he objected to Scheme One because it rad one less lot in it than Scheme Two and because It was more difficult to la -7 a sewer on a curved street. He said he had to raise the grade of the existing ground to lay a sewer, needing about 2,000 cubic yards of �r.avel for fill. He also said he needed the extra lot shown on Scheme Two plan to help pay for the cost of the sewer installation. The Board took Mr. Busa's request under consideration. Read to the Board was a letter, dated November 24, 1961, from Kingston Homes, Inc. requesting a fur- KINGSTON ther extension of time within which the Board must HOMES act on said corroration's subdivision plan. Upon DEFI'\TTTIVE motion dul,r made and seconded, it was unanimously SUBDIV?SION PLANT VOTED: that pursuant to the written request from the applicant the time of approval of the definitive subdivision plan entitled "Sub- division of Land in Lexington,Mass.", dated June 231 1961s and prepared by MacCarthy Engineering Service, TTatick, Mass., be and hereby is further extended to and including December 4, 1961. Considered next were the notices of petitions to be heard by the Board of !appeals on Yovember 28. BOARD OF It was decided to take no action on the neti_tons to APPEALS be heard. Town Counsel Stevens met with the Donrd from 9:05 to 9:25 p.m. Considered first with Mr. Stevens was the 11-27-61 draft of a letter, dated November 27, 1961, ad- SHADF: dressed to Mr. Paul F. Hannah, General Counsel for ' STREET the Raytheon Comnany, referring to the plan accom- OPTION pa raring Form A application !!61-67 and informing him that said plan had not been endorsed for the reason that the lots shown on the plan did not front on a way, there beinC7 an intervening strip of land between the northeasterly lines of the lots and the southwesterlv side line of Shade Street as marked on the plan. In said draft it was stated that before the Raytheon Comnanv conveyed the title to this strip of land to a prospective buyer, Lex- ington would greatly appreciate receiving; a grant of perpetual rights and easements to use said strip of land for the purnose of public travel and for all other purposes for which streets are now or hereafter may be commonly used in Lexington. The draft of the letter was approved by the Board. Mr. Stevens suggested that Mr. Soule deliver the letter personally to Mr. Hannah and discuss it with him. Mr. Soule agreed to do this. VOTED: to accept the agreement executed November 25, 1961 by Todd Realty, Inc. and the denosit of $2,000 to secure the performance of the same; and to release the performance bond, dated June 271 1960s filed by Todd Realty, Inc., Mark Moore Jr., President, as Principal, and Mr. Stevens called the Board's attention to TODD REALTY his letter of November 27 to the Planning Director INC, in regard to the Burnham Farms, Section 5 subdivi- sion enclosing (1) the original of an instrument, BTRNHAM dated November 25, 1061, wherein Todd P.ealty, Inc. FARMS obligates itself to reconstruct and repair the r_br- SEC. 5 tion of Burroughs Road situated between Station 12 + 75 and the intersection of Thoreau Road if such is determined to be necessary by the Supt. of Public Works at any time within one year from the date of the release by the Planning Board of the bond filed by the subdivider covering this subdivision; (2) a check in the amount of 2,000, the check being drawn on Lexington Trust Companr, dated September 15, 10612 and certified by the bank on November 27, 1961; and (3) a grant of utilities to the Town in this subdivision executed by Todd Realty, Inc. under date of Yovember 27, 1061. (See minutes of 7ovember 13, 1961 llanninr* Board Meetinf-.) Mr. Stevens stated that as far as he knew it was now in order for the Board of release the surety bond securing_ the obli- gations of the subdivider in relation to the Burnham Farms, Section Five subdivisions whereupon it was moved, seconded, and unanimously VOTED: to accept the agreement executed November 25, 1961 by Todd Realty, Inc. and the denosit of $2,000 to secure the performance of the same; and to release the performance bond, dated June 271 1960s filed by Todd Realty, Inc., Mark Moore Jr., President, as Principal, and 11-27-61 ' Continental Casualtv Compan7T as Surety, in the sum of Eighty Thousand and 00100 (4t?0,000.00) dollars to secure the perform- ance by the subdivider of its agreement it the form of an application for apnroval of a defini- tive plan, Form C, dated May 251 1960, to com- plete the work to be performed by the subdivider as shown on the subdivision plan entitled "Burn- ham Farms Section Five Lexington, Mass.", and dated April 27, 1960. There was exhibited an executed performance bond in the sum of ?10,000 which had been filed in connec- tion with the Till,nghast Estates subdivision. Mr. Stevens approved the bone as to form. All matters appearing to be in order, upon motion duly made, and seconded, It was unanimously Mr. Stevens reported that he had received grants of easements from Emerson Gardens Realty Cor- noration and Lex -wood PoultrZT Farms, Inc. These being in hand, the Board endorsed the TNerson Gardens, Sec- tion One definitive subdivision nlan which Rr. Stevens took with him for recording in the Registry of Deeds. After Mr. Stevens left the meeting there was read a copy of a letter from the Building Inspector to the Board of Selectmen, said letter being dated November 15, 1961, in regard to recommending a policy* for the enforcement of rules regarding the sale of produce at roadside stands. The matter was taken un- der consideration and the letter placed on file. -5- TILLINGHAST ESTATES R.O.TTLLING- HA ST DIERSON GADDFNTS SFC. ONE EMERSON GAIzDENS REALTV COPP .' ROADSIDE STANDS VOTED: that the October 16, 1961 vote of the Lexing- ton Planning Board disapproving the untitled def.n'tive subdivision plan, dated July 12, 1961, prepared by Albert A. Miller and Wilbur C. Nylander, civil engineers and surveyors, Lexin�ton, r'ass., which was submitted to the Board by pobert 0. and Anne P. Tillinghast, be and hereby is rescinded. VOTED: that the definitive subdivision plan entitled "Tillinghast Estates in Lexington, Plass.", dated Julv 12, 1961, revised November 15, 1961, be and hereby Is approved subject to the fol- lowinc* condition: that the provisions of the rules and regulations of the Board are hereby waived In this instance onlv to the following extent, that the subdivider be not required to provide a leveling area on TIM Place at its approach to the intersection of Merriam Street. Mr. Stevens reported that he had received grants of easements from Emerson Gardens Realty Cor- noration and Lex -wood PoultrZT Farms, Inc. These being in hand, the Board endorsed the TNerson Gardens, Sec- tion One definitive subdivision nlan which Rr. Stevens took with him for recording in the Registry of Deeds. After Mr. Stevens left the meeting there was read a copy of a letter from the Building Inspector to the Board of Selectmen, said letter being dated November 15, 1961, in regard to recommending a policy* for the enforcement of rules regarding the sale of produce at roadside stands. The matter was taken un- der consideration and the letter placed on file. -5- TILLINGHAST ESTATES R.O.TTLLING- HA ST DIERSON GADDFNTS SFC. ONE EMERSON GAIzDENS REALTV COPP .' ROADSIDE STANDS 11-27-61 M Considered next was Mrs. Morey's letter of , WORTHEN RD. November 2h. to the Plann ng* Board asking that it COWTECTION be rrenared to comment in detail on a letter dated TO RTE. 2 Tdovember 13, 1961 from 'he Board of Selectmen to Mr. McCarth7r, Chief Engineer of the Massachusetts Department of Public Works with reference to the proposed connection of Worthen Road to Route 2. Copies of said letter to Mr. McCarthy were distrib- uted to members of the Board. (See addendum.) Read was Col. Holcombe's letter of October THE GROVE 29 to the Planning Board in regard to his sugges- SEC. 1 tion for improving the intersection of Burlington Street and the nronosed access to The Grove, Sec HOLCOMBE tion One subdivision of the Greener and ?whiter Trusts. Read also to the Board and approved by it was the draft of a recommended reply to Col. Hol- combe's letter. (See addendum.) p Bert E. Meyer, ' Clerk Also read was Mrs. Morey's letter of Novem- POPjTU TT07 ber 21, 1961 to the Planning Board and the draft of ESTTMATION a recommended reply in regard to the estimated future nossible norulation of Lexin7ton. Said draft was approved by the Planning Board. (See addendum.) Considered also was the Itek Corporation PEZON77G rezoning proposal which was discussed by Mr. C. T. PPOPOSAL Morris of said cornoration with the Planning Board - at its meeting on .November 20. It was the concensus ITEK that the Board would give further consideration to a rezoning nronosal for all the Roberts Brothers land (1) if the line of the proposed commercial dis- trict stopned at the ridge separating Spring Street from Route 128; (2) if there were adequate site con- trols incorporated in the zoning by-law, and (3) if there were two suitable means of access to the area to be rezoned. In regard to the location of one means of access it was thought that this might be in the form of a public way located on the Clevite Cor- poration land in Waltham, said way being located be- tween the Clevite Cornoration building, Route 128, and Trapelo Road. Mr. Soule was asked to convey this information to Mr. Morris. The Board adjourned its meeting at 10:30 p.m., p Bert E. Meyer, ' Clerk 11-27-61 ADDE'vTDIIM INovember 13s 1861 Mr.'_'.,T.TIcCsrth,r, Cl: ief T7ngi neer Massachusetts Denartment of Public Works 100 TT .a Street 3oston, T°?assachusetts Dear Mr. licCarthy: -7- Deference is mace to the meeting held on Tuesday, October 31, 1961 at your office concerning the connection of Worthen Road to Route 2. Attending Tiere Messrs. McCarthy, Cox, Hue and Olson, of the Department of Public Works, and Mrs. Morey and Messrs. Soule, Carroll, Snow and Staples of Lexin"ton. At, this meeting; the plan of Foute 2 and the interchange nro- nosed by the Derartment of Public Works, shown on a elan accompanying; a letter from ',',Ir. rreorge C. Toumpouras dated September 15, 1961, were discussed, The followinP7 is the re- nort made by us to the Lexinc-ton Board of Selectmen and the Planning 'hoard. 1. Tt was r^enerall�r agreed that the location of the new inter- change proposed by the Derartment of Public Works was an acceptable solution to the nroblem. 2. Derartment of Public '.+7orks officials agreed that the entire cost of this interchanIrre would be borne by State -Federal funds. 3. The Derartment of Public Works officials sup--gested that the connecting; road from the south side of the interchange to Wal - them Street near the Waltham line would be handled in the fol- lowing manner: A. The State Department of Public Works would do all of the engineering to make the lavout and the State would construct the road, with all costs of construction borne by the Common- wealth of TTassachusetts. B. The Town would he asked to make the land takings for this road and to assume the entire cost of an,,, land damages. 4. The De-)artment of Public Works officials stated that the layout, land acquisition and construction of Worthen Rond from Tarrett Roy d to the northerl-r end of the rronosed interchange would be Lexin7ton's responsibility. 5. The Derartment of Public Storks officials stated that if the Worthen Road interchange was constructed as nronosed, it would mean that a parallel overpass would be constructed at Waltham Street. The cost of this bridge would be entirely borne by the 11-27-61 -8- Commonwealth. Connection between Route 2 and Waltham , Street would be eliminated, and there would be no need for relocation of Waltham Street as nrorosed in earlier plans. 6. Tt was stated by the Department of Public Works offs- vials that if the Town of Lexington accented the location of the !-'ortken Road interchange as shown on the elan re- ferred to above the State Department of Public Works would immediately grant access at this location for the construc- tion of Worthen Road, even if, in the interim, Route 2 has been made limited access (the understanding being that when Route 2 is actually constructed the interchange will be built with a connection to Worthen Road.) 7. Tt wns suggested by Town officials that Worthen Road from Bedford Street to Route 2 could be designated by the Bureau of Public Roads as a Federal aid secondary highway. The State officials agreed that this could be done. How- ever, they said that if it were done that the present .Route 4 and 225, and Waltram Street, since they run anproxi- mately parallel to Worthen Road, would then nrobably be eliminated from the secondary Federal Road system and would be made ineli^ible for Federal aid. They also stated that since the requests for this tvpe of Federal aid far exceeded the funds available that the chances were poor that the Igor - then Road project would be approved as eligible in the near future. They suggested considering Chapter 90 funds for h_s rondo The Planning Board and the Poard of Selectmen are continu- ing study of our project, May I hear from you if lou ques- tion the accuracy of any of`"the above memoranda. Very truly yours, /s/ Ruth Morey, Chairman PM:m (Mrs. George P. Morey) November 271 1961 Theodore G. Holcombe Colonel, A11 S - Fetired 145 Burlington Street Lexin-ton 73oMassachusetts Dear Colonel Holcombe: Thank you for your letter of October 20 and for your sug- gestions in regard to the present situation at the intersec- tion of Burlington Street and Angier Road. The latter is the name which was selected for the way entering Burlington 11-27-61 119 Street from "The Grove" subdivision. (As you no doubt know, Angier was one of the very early residents of Lexinfrton who lived on what is now known as Burlin7ton Street and who was killed at Fort Ticonderoga.) IfThe Grove" subdivision nlan'was anproved after it was modi- fied to meet Lexinc^ton's Subdivision Rules and Regulations and requirements of the Town Engineer and Superintendent of Public Jorks. It is believed that existing conditions at the above-named intersection will be greatly improved with the gradinrc and the installation of a drain.. If, after this is done, it is found conditions at the intersection still need improving, reco-nendati.ons will be made with a view of correcting problems. In the meantime a copy of your letter is bein_n forwarded to the Superintendent of Public Works, Mr. John J. Carroll, with the request that the situation be exam- ined by the Town's Traffic Committee. Sincerely, LEUNGTON PLkN'TTrIG BOARD /sl Richard. H. Soule, Chairman ' November 27, 1961 Mrs. -nth 1110re7, Chairman Board of Selectmen Town of Le7in7ton, Massachusetts Dear. Mrs. Morey: In reply to 70ur letter of Yovember 21 to the Planning Board wits reference to porulation estimates, Mr. Snow has informed the Board that in making; his nroiections he took into consid- eration, among other matters, the total acreage of land which he either estimated would be or recommended should be utilized for roads, schools, nla7r7rounds, and oven space, commerce, in- dustry and government. The Toard understands that he included all the projects which nou mentioned in .your letter. It Is understood further that ?4r. Snow knows of no factor ?t the moment which would cause him to revise his estimate that c5O,000 persons will eventuall7r reside in this town. Fe does believe, however, that his latest ronulation study of June, 1959 needs revision i^ other ways. among the studies he believes are needed are those of the latest variables in rate of growth and development to determine if 1984 is still the -rear when he be- lieves the Town will be so occunled. ' If you or other members of the Board of Selectmen would like to 11-27-61 -10- discuss Mr. Snowts population studies, the Plannin' Board ' would be aareeable to b_oleln,7 a joint meeting for this nvr- nose. Since-el7, LrvTT?CTT07 of nArTTT7G BO PD /s/ Richard 'T. Soule, Crai_rman 1 D