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HomeMy WebLinkAbout1961-12-11I PLAYTTT`TG BOA^r MEFTTTTG December 11, 1961 On Monda7r, December 11, 1961 at 7:30 n.m. the Lexi_nrrton Planning* Board held a regular meetinFr in Its office i.n the Town Office Buildin7. Present were Chairman Soule, members Bryson, Grindle, Mabee and Meyer, Planninr* Director Snow, and the Secretary_, Mrs. Macomber. The Board annroved the minutes of its Novem- MTTTTTTES ber 27, 1961 meeting,,. Apnroved for nanment were the following bills which had been presented: Louise U. Macomber, extra BILLS secretarial service for December h., 1961-- 5.00: L.M. Foster, Tnc., office sunn_lies--f"4.35; Andrew T, John- son, nrints--?9,10, Considered next was the followinrr Form A appli- cation for determination of Planning Board jurisdic- FOpM A tion: ' #61-731 submitted on December 11, 1961, mora Ford, attorney for the Pantheon Company; entitled "Plan of Land to Lexi_nrlton, Mass. dated Dec, 8, Y-61, Mi ller & 7ylaneer, C.E. Is and Surveyors. Unon motion duly made and seconded, it was unanimously "70TFD: thn.t the Lexi nr^ton Planning Board determines that plan accomnanvi-n7 Form A application #61- 73 does not require annroval under the Subdi- vision Control Law and that said plan be so endorsed. Tn connection with said elan there was exhibited an instrument prepared by the Town Counsel and executed earlier in the day on behalf of the pavtheon Company, wherein said companv rtrants to the Town an ontiorn to purchase perpetual risrhts and easements to use for the our-ose of nublic travel, and for all other nurroses for which streets are now and hereafter may be commonly used in Lexinr?ton, a strip of land situated on Shade Street as shown on the plan, referred to above and market "Easement for Public Travel." The Board approved a letter which was signed by the Crairman, said letter being dated December ll, 12-11-61 -2- transmitting a conformed copy of said executed , option to the Board of Selectmen and recommending that it exercise tre option that evening. Mr. Snow reported that the Town Counsel had nrepared an Exer- cise of Ontion instrument and h ad informed him that he would deliver to the Selectmen before attending the Planning Board meeting. Said letter and cony of option was given to the Selectmen who in turn exer- cised said option and gave a conformed copy of the exercise to the Planning; Board. (See addendum.) Read to the Board was a letter, dated Decem- LONGFELLOW ber I1, 1961) from James E. Farmer asking for an ESTATES extension of time within which the Board must act SEC. 2 upon his subdivision plan. Upon motion dult made and seconded it was unanimously FARMER VOTED: that pursuant to the written request from the applicant the time of approval of the definitive subdivision elan entitled "Long- fellow Estates Section Two Lexington, Mass.", and dated Jan. 1961, be and hereby is ex- tended to and including December 18, 1961. CIRCLE ROAD Read to the Board also was a letter, dated TAX TITLE December 6, 1961, from the Board of Selectmen LOTS acknowledging the Planning_ Board's letter relative to the disposition of tax title lots on Circle GREEN VALLEv Road, approving the recommendations submitted by SEC. 7 Mr. onow and stating that the Board of Selectmen would have to arrive at a fair market price for BUSA said lots and discuss the matter further with the Town Counsel. The Board reviewed next the correspondence between Mr. Snow and attorneys for the trustees WOODLARTD of the Woodland Bird Sanctuary in Lexington with BIRD reference to the possible acquisition by the Town SA NCTITARY of said sanctuary (see addenda). Mr. Snow was re- quested to write to attorney Theodore Chase stat- im, the Town through its -planning; board would like the first opportunity to negotiate for the land if the Trustees were considering; the sale of all or amr Dart of the sanctuar,T. Mr. Snow was also asked to have the Town Counsel find out what the conditions of the trust were with reference to the Sanctuary. Notices of petitions to be r eard on December BOAQD OF 12, 1961 by the Board of Appeals were read. It was APPEALS decided to take no action on said neti.tions wits the , exception of that of Johnstone Fitz7erald. Mr. Snow presented the draft of a letter whicr heh ad pre- 12-11-61 pared in regard to the Fitzgerald netition. The Board annroved the letter which the Chairman signed. (See addendum.) There was exhibited to the Board a sketch of a rronosed subdivision of hart of the Tillinghast and former Conant land on Lincoln Street, said sub- division showing an extension of Jean Road for a distance of annroximatelTr 400 feet bevond theinter- section of said way and Morgan Road. Mr. Snow re- nortee that Mr. Tillinghast wished to obtain the 'Board's informal oni.nion in regard to said subdivi- sion. Tt was decided that the 'Board would not approve any extension of Jean Poad until such time as Morgan Road hada second means of access to Massachusetts Avenue. Mr. Snow was asked to so inform Mr. Tilling- hast. At 8:00 n.m. the Board held a public hearing relative to the annlication of Lexington Office Cen- +er Trust for annroval of a subdivision plan entitled Minute Man Research Park in Lexington, Mass.', said subdivision being bounded by Marrett Woad (State Route 2A), the 7orthern Circumferential uirhway (Rte. 128), and lands of Antonio and Coneetta Venutti, City Of Cambri6+-1e, 'Boston Edison ComrTanTr and the Lexington ''Votor Tnn, Inc. right nersons attended the hearing. The Cl -airman onened the same by reading the notice of the hearin€r, as it had teen sent to all owners of -ronerty as shown on the subdivision elan, the same notice having been nubli_shed in the TTovember 23, 1961 issue of the Lexi.nc^ton Minute -man. Cl -airman Joule then exn_lained the nrocedure to be followed in conduct- ing the reari.nr^ and called unon a representative of the Trust to nresent the elan. Mr. Paul P. Shepherd dial so, he being a repre- sentative of the firm of Cabot, Cabot g, Forbes, of which the Lexi_n7ton Office Center Trust was a subsi.di_- arv. Mr. Shepherd pointed out that the subdivision was composed to two lots,, one h avinP7 an area of 9.54 acres and the other 33.47 acres, both served by a nro- nosed dead-end street 500 feet in length. He then noted the location of the sewer manhole at the common boundary of the smaller lot and the northwesterly ramp of the 7oute 2A-128 interchange. Mr. Shenherd stated that in connection with the widenin- of Route 128 a sanitary sewer was to be constructed under Route 128 to connect wi_t'- said manhole. Mr. John J. Carroll, Lexinrrtnn Superintendent of Public "forks, co -invented on the 10 -inch water main TILLINGHAST PROPOSP'D STTT3DTVTSIOT MiT\TTTTE MjkN RESEARCH PARK LEXTNGTOY OFFICE C p^TTFR TRUST -61 shown in the nronosed roac, rointinr out that the only water available in P,.arrett Ro^d to which a con- , nection could be made was 1!00 feet distant at the Routes 2A-128 intercran�re, and that said dine was only 6" in size and entirely inadequate to serve the needs of the subdivision. Mr. Carroll also said that 1-e dial not know when the 12-1.nch water line would be construc- ted in the nronosee relocation of Vassachusetts Avenue, noti_n- in this case that the nearest a water line would be to the rronosed subdivision street was 600 feet. Mr. Shepherd said that he realized that water was not nresenti,r available and that this was a matter that C.C.g- F. would have to discuss wits the Board of Select- men. Mr. Shepherd stated that C.C.F F. had access for the subdivision from the State Department of Pub- lic Works. FI said, however, that the Department was consi.derinn making! a land taking along Marrett Road for its relocation in connection with the nronosed national park. Mr. Carroll commented that if the nro- nosed taking was made the lack of sight distance along the new right of way line would constitute a rroblem which would have to be solved.. Tt was decided to dis- cuss this matter with the Town Counsel. Mr. Carroll stated that he had sent a letter, L_s 1061, to the Planning Board setting ' dated December forth his views with reference to the subdivision plan and a list of corrections which should be made to it. He said that since this tate the rlan had been modified so that for the most hart the corrections 'he required had been included In the revised elan but that there were others which still had to be made. He questioned the design and location of the cul-de-sac on the pro - nosed subdivision street stating that he believed the street should be extended and the turnaround made per- manent if a land takinr_; of about 100 feet was to be made bir the State. There beinp; no further comments or a_uestions the hearir" was declared closed at 8:25 n.m. and the plan taken underadvisement. At this time Town Counsel Stevens came to the M 1 - C 3 meeting and: introduced. Mr. Henry W. Wardy of Needham DISTRICT • who was to be the Boards counsel in regard to Its PPZOITTTTG draft of rezoninr^ rronosals for the area bounded by PROPOSALS Bedforc and Wood Streets, Route 12F, and the Bedford town line. (See minutes of the Planning Board meeting of October 2, 1061.) Mr. 11 -Tardy stated that his work with ?!Tr. Stevens and the Board depended unon what the Board wished to le -i1-61 ' do with the Boardls draft of September 21L, 1951 which he said he 1 -.ad reviewed. ue wished to know whether it .represented the final thinking of the Board in re- rPard to the provisions contained therein or whether the draft was the Poar.dts first attempt to express what it had in mind. Mr. Soule said that the Planning Director had prepared the draft, that the Planning* Board had re- viewed .t i_n detail, and that it had then been sub- mitted to Mr. Stevens for further review. Tt was pointed out that extent for a few minor details the draft included all the material the Board would like to have inclilded in its final rnresentation but that counsel was needed in its arrangement and its con- tent. Mr. Soule stated that since 1"r. Stevens could not now devote the time necessary to assist the Board in the r,renaration of a draft for consideration at a public heari_nr, he had recommended that Mr. FTardy be retained as counsel In this case. Mr. Soule also said that the Poard would like to present the entire nro- nosal at a heari_nr- to be held as soon as possible. He stated that If it was found at the rearing that there was too much opposition to the nronosal the Board would wish to reconsider it and revise it for presen- tation a;^1a.n. Mr. Stevens innu,.red if it was the Board's th.our^ht th-!t the number of restrictions in the draft was -oint- to anneal to the nro-iert7 owners of the area proposed for rezoninr}. Mr.Soule replied that the Boars rad met informall-- with the owners of the nropertT involved in an attempt to arrive at a draft which would have the minimum obiecti_ons to it. Fe said that most of these centered around the -problem of sight control. Mr. Hardy brieflTr reviewed what had been done in rTeedram a number of -Tears aFo in the watt of rezon- ing land for i_ndustr.ial use. Fe said that Cabot, Cabot F-, Forbes, owners of the land involved, had included sight and buil6in1 control restrictions in its deeds when conve- ying tracts within the rezoned area and that F'eedham had. accented these restrictions in considering the rezoning of said land. Mr. F?ard7 said that he did not know whether such a method would be advisable in Lexington but offered it for the Boards consideration. "r. Soule indicated teat there were quite a number of owners of land in the area which the Board was consider- , ing rezoning and that while C.C.£- F. was the largest owner of nronert-r the Board could not be sure that the remaini.n7 owners would be favorable to including such agreements in the sale of land. Mr. Stevens commented 12-11-61 that he thought that the draft as written by the Planning Board placed too much burden on the Board of Appeals. F.e�stated that he did not think there was an,r problem of a legal nature in having; the Board of Anpeals act as rrorosed. Ne said, however, that the basic consideration was whether or not con- trol over use was to be placed under restrctions set forth in the by-law or controlled by the Board of Appeals. Tt was decided that Mr. Hardy and Tr. Snow would prepare an outline of the items to be In- cluded in the final draft, and that after the Board approved the outline their would draft details of the proposals to be considered under each item. It was agreed tgat tie Board would meet with Mr. Hardy as soon as possible after a draft outline had been pre- nared. Thereupon Messrs. Harder and Stevens left the meeting; at 9:00 p.m. -6- The Planning; Boardd then adjourned to meet with the Selectmen. (For a record of the joint meeting between the Planning* Board and the Board of Selectmen see the minutes of the latter FoardIs meeting of December 11, 1961.) Board of Selectmen Town Office Buildi_nn Lexin^ton 73, r"_ass. ? - 0 �_L 7;,C� 0 R Bert F. Meyer, Clerk ADDE^TDL?M December 11, 1961 P e: pantheon Co. Option Dear T.ad.am and "entlemen: Attached herewith is a conformed copy of an option which the Planning Board has obtained to purchase Perpetual rights and easements to use for the nur- nose for which streets are commonll,r used in Lexinrrton a stria of land situated on Shade Street as noted in said instrument. The Planning Board recommends that the Board of Selectmen exercise this option this even- ing. Sincerely 11rours, LFEXIPISTO°,T rL4Y77TTG T?OnnD Is/ Richard F. Soule, Chairman Enc. 1 L� 12-11-61 -7- November 271 1961 ' Miss Virginia R. Aldrich Attorney -at -Law 53 State Street Boston 9, Massachusetts Dear Miss Aldrich: I am writing to you in behalf of the Lexington Planning Board understanding that you are the attorney for the trustees of the Woodland Bird Sanctuary situated in this town. The Board is interested in knowing if the trustees would consider conveying this property to Lexington. By powers granted to them each ,year by the Annual Town Meeting the Planning Board undertakes to obtain options and the Board of Selectmen to exercise said options to acquire any land the Planning Board has recommended as part of its master Plan for narks, recreation and oven space for the town of Lexington. The Woodland Bird Sanctuary and certain other oro-perties adjacent thereto are -part of said elan, it being the recommendation that this land be kept in perpetuity as much as possible in Its Present state as a bird sanctuary. If the trustees would be willing to have the Town acquire tbis land either now or at some future date under this and similar conditions, the Planning Board would be pleased to dis- cuss this matter further. The Board is 4nterested in receiving a renly from you at your earliest convenience. S i nc er e lv, /s/ Samuel ". Snow, Planning Director November 28, 1961 Mrs. Bradford Williams 235 '4estfield Street Needham, Massachusetts Dear Mrs. Williams: I enclose copv of a letter received from the Lexington Planning Boprd relating to the possible transfer to the town of the `.Toodland Bird Sanctuary. This nronosal would seem to have certain very real advantages, and I should suppose that you and your fellow trustees would want to consider it Pretty carefully. If you want any advice as to the legal ramifications involved, Please let me know. 12-11-61 -8- I shallbe glad to renl-r to Mr. Snowrs letter in such , fashion as you may instruct, or you may wish to communi- cate with him directly. Sincerely yours, /s/ Theodore Chase December 4-t •1961 Samuel P. Snow, Director Planning; Board Town of Lexington, Massachusetts Dear Mr. Snow: srour letter of November 27 relating to the t=loodland Bird Sanctuary has been referred to the trustees, and they have instructed me to say that they do not at the present time wish to make a transfer to the Town of Lexina'-on as suggested in your letter. S1ncerel-1r yours, /s/ Theodore Chase , L