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HomeMy WebLinkAbout1962-04-02PLANNING BOARD MEETING ' April 2, 1962 The Lexington Planning Board held a regular meeting in its office, Town Office Building, on Monday, April 2, 1962 at 7:40 p.m. Present were Chairman Grindle, members Bryson, Campbell, Mabee and Meyer, and Planning Director Snow. Approved by the Board were the minutes of its MINUTES March 17, 19, 202 21 and 24, 1962 meetings. Approved for payment were the following bills which had been submitted: From General Expenses BILLS Account - Weslev J. Ewell, professional services for peri.od ending March 301 1962, 60.75, car expenses, t2.5a--63,25; A. B. Dick Co. of N.F., Inc., office supplies --65.70; Andrew T. Johnson, drafting supplies -- P12.95. From 1961 Carry -Over Account - Charles M. Evans & Associates, professional services --;,150.00. The Board also confirmed the action of the 'Manning Director in approving for payment the fol- lowing bills which had been presented during the previous week when the Board had not met: From General Expenses Account - Colonial Supplv Co., office sup lies --::"26.1}0; Hobbs & :Warren, Inc., office supplies26.25; L. M. Macomber, office supplies-- $2.69. From 1961 Carry -Over Account - Harold S. Furness, printing -4137.20. From �:45 until 8:45 p.m. Town Counsel Stevens met with the Board to discuss current problems before It. Particularly discussed with. Mr. Stevens was the application of Garric Realty Trust, Robert A. MINUTE MAN Carrig, trustee, for approval of the Minute Man High- HIGH -LANDS Lands, Section Four definitive subdivision plan. Mr. SEC. 4 Stevens recommended the acceptance of the modified - application as having been submitted on the date it GARRIC was filed with the Board, said date being March 13, REALTY TF.U,ST 1962. It was further decided to schedule a public hearing on April 23, 1962 at 8:00 p.m. Mr. Antonio Busa met with the Planning Board from 8:45 until 9:00 p.m. to discuss said Boardfs GREEN VALLEY action in regard to his Green Valley, Section 7 pre- SEC. 7 ' liminary subdivision plan. (See minutes of March 12, _ 1962.) Mr. Busa wished to know what the Board meant BUSA by the term "a second means of reasonable access" to LL -2-62 -2- said subdivision. He was informed that the Board meant that Circle Road as shown on Land Court Plan #6807 should be adequately constructed as the Board and the Town Counsel had discussed with him and his son Alfred and their attorney, Mr. Alfred P. Tropeano, at the Planning Board's meeting on September 11, 1961. Mr. Busa left with the Board a print of lot layout entitled "Preliminary Plan of Proposed Subdi- vision Green Valley -Section Seven in Lexington, Mass.", dated February 26, 1962, concerning which he wished the Planning Board's opinion, particularly with regard to the Board approving the subdivision provided that he construct a temporary turn -around on parcel A and lots 24 and 25 as shown on said plan. 9he Board agreed to take the -plan under advisement. At 9:30 p.m. Mr. Michael G. Demons of Cabot, C.C.&. F. Cabot & Forbes Associates, Mr. Albert L. Ampolo and ASSOCIATES Mr. Leslie H. York, realtor, met with the Board to discuss two possible schemes for the development of MA13RETT RD. a proposed lot in the Marrett Road C 3 district, both C 3 DISTRICT schemes requiring a variance from the Board of Appeals Mr. Demone stated that before taking the matter to the Board of Appeals Mr. Ampolo, the proposed developer, and C. C. & F. Associates would like the Board's in- formal opinion in regard to the variance to be sought. The group was informed that if the present turn- around at the end of Forbes Road were eliminated and the road extended so it was 500 feet in length there would be no need for a variance. Mr. Demons was asked to bring in a plan for the entire C 3 district and not to bring in further piece -meal developments for the Board's consideration. Considered next were the following Form A appli- FORMS A cations for determination of Planning Board jurisdic- tion: #62-18, submitted March 27, 1962 by Frank M. Hodgdon; plan entitled "A Compiled Plan of Land in Lexington, Mass.", Scale: 1" = 40', dated March 21$ 1962, Miller & Nylander, C.E.'s & Surveyors. #62-19, submitted March 28, 1962 by W. M. Glovsky as Trustee for both The Greener Trust, The Whiter Trust; plan entitled "Plan of Land in Lexington, Mass."s Scale: 1" = 40', dated Mar 26, 1962, Miller & Nylan der, C.E.'s &. Sur- veyors. 4-2-62 -3- Upon motions duly made and seconded, it was unanimously VOTED: that the Lexington Planning Board determines that the plan accompanying Form A application L #62-18 does require approval under the Subdi- vision Control Law. VOTED: that the Lexington Planning Board determines that the plan accompanying Form A application #62-19 does not require approval under the Sub- division Control Law, and that said plan be so endorsed. Read to the Board. was Town Counsel's letter of March 27, 1962 to the Planning Director in regard to the options which had been obtained for the acquisi- tion of parcels of land owned by Lloyd C. and E. Lester Goodrich and Mary A. Hennessy. The Board approved the draft of a letter to the Board of Selectmen recommend- ing that the Selectmen exercise the options which had been obtained. (See addendum.) Considered next was the application of Nathan Ribock for tentative approval of the Longfellow Es-tates, Section Three preliminary subdivision plan. After considering the Town Engineer's letter of March 19, 1962 to the Planning Board, it was moved, seconded and unanimously VOTED: that the preliminary subdivision plan entitled "Preliminary Plan of Longfellow Estate Wood -side Section Lexington, Massachusetts," dated March 1, 1962, which was submitted to the Planning Board on March K, 19621 together with an appli- cation for Tentative Approval of Preliminary Plan, Form B, dated March 51 1962s be and here- by is approved subject to the following condi- tions: 1. That the storm drainage is extended up to the throat of the cul-de-sac as marked on the attached print; 2. That the large drain which is a continua- tion of the drain in the previous subdivi- sion is extended through the entire depth of Lot 7 and includes a headwall at its end; and 3. That the grade of the cul-de-sac be in- creased to approximately 1.0/. GOODRICH AND FMTESSY LAND FOR RECREATIONAL PURPOSES LONGFELLOW ESTATES SEC, -3 RIBOCK LE -2-62 Considered next was the preliminary plan of BOWSERS Bowser's Saddle Club Estates, Section 2 subdivision, , SADDLE CLUB concerning which Mr. Mark Moore, Jr. of Todd Realty, ESTATES Inc. requested the Boards informal opinion as to SEC. 2 whether or not he should file a formal application - for tentative approval of said plan. It was decided TODD REALTY there were no particular problems evident in the INC. plan which he had filed with the Board. It was re- ported that the Town Engineer had viewed the plan and was of the same opinion. On this basis Mr. Snow was asked to inform Mr. Moore that the Board saw no reason why he should not proceed with the preparation of a definitive plan for submission to the Board but to suggest to Mr. Moore that before submitting said plan he have it approved by the Town Engineer. Mr. Snow called attention of the Board to his WILLARD memorandum to the Board of Selectmen with reference WOODS to the use of the Willard Woods and the clearing that had been done therein. (See addendum.) Mr. Snow exhibited a print which showed the Rd boundaries of the Lidberg property on Adams Street and Lbnersan _ adjacent lands including the proposed location for �,lper Emerson Road shown on the Adams Estates, Section 3, y ' definitive subdivision plan which to date had not been filed formally with the Board. Mr. Snow indicated how lot lines might be readjusted so that the Lidberg land together with small parcels of adjacent properties could be lotted in such a m annex as to create five lots fronting on the proposed location of Emerson Road and an additional lot, including the existing Lidberg resi- dence, fronting on Adams Street. Upon indication by the Board that this proposed location of Emerson Road appeared satisfactory, Mr. Snow said he would draft a letter to the Town Engineer transmitting a marked copy of said print and requesting that the Engineer prepare a definitive plan which the Board could use to obtain an option to acquire an easement of a parcel of land for the future location of Emerson Road across said Lidberg land. (See addendum.) The Planning Board then met with the Selectmen ROUTE 3 from 10:15 until 10:45 p.m. to discuss informally the possible location of Route 3 through Lexington and re- lated problems. Mr.Snow agreed to obtain from the State Dept, of Public Works all the factual information he could on the studies and their status for both Routes 2 and 3 and report his findings to the Planning Board and the Board of Selectmen. Tt was decided that after receiving this information said Boards would appraise the situation and then determine what action might be taken in regard to the matter. 4-2-62 -5- Another matter the Board discussed was the under- With reference to Mr. Russian's meeting with the Board on February 26 concerning the Dr. Short land on Waltham Street, Mr. Snow reviewed his proposal that said land be rezoned for a garden apartment district. (See minutes of Planning Board meeting of said date and of March 12.) Upon the conclusion of Mr. Snow's proposal the Board voted 4-1 to inform Mr. Russian that the Board would be in favor of the proposal wherein all the land now or formerly of Dr. Leonard V. Short on Waltham Street at the Waltham city line be rezoned for garden apartment use. In connection with the vote it was understood that the present A 1 dis- trict category in the Zoning By-law would be amended to eliminate hotels as a permitted use in said dts- tricts. Mr. Meyer wished to be recorded as being op- posed to the proposal to rezone the Short or any other land for garden apartment use until such time as the Town had experience with the development and occupancy of the districts now zoned for said use. Mr.Snow was requested to draft a letter for the Chairman's signa- ture, said letter addressed to Mr. Russian, informing him of the planning Board's decision. (See addendum.) -5- Another matter the Board discussed was the under- A 1 REZONING PROPOSAL DR. SHORT TOWN COUNSEL standing that Mr. Harold E. Stevens did not wish to b e reappointed Town Counsel and the Board's regret that he had come to such a decision even though it realized how burdensome the position had become under present circum- stances. The Board likewise discussed its great need of assistance in the legal aspects of zoning and subdivi- sion control in which Mr.Stevens was so well versed. It was pointed out that the past situation in regard to ob- taining all the counsel the Board needed in these matters was not satisfactory, not because of the person- ality involved but simply because the Town Counsel was so overloaded with work that he could not possibly have undertaken the zoning by-law and subdivision regulations study and amending which the Planning Board would have liked to have had considered. It was decided, trere- fore, to write to the Board of Selectmen setting forth these views and suggesting that a Special Counsel be appointed to assist the Board i.n its particular legal problems, that the services of said Counsel be paid for in the form of special fees to be charged to the Law Department account and to recommend, if he would so agree, that Mr. Stevens be appointed Special Counsel to undertake this work. Mr.Snow was asked to draft for the Board's consideration at its next meeting a letter to be transmitted to the Board of Selectmen setting forth the Planning Board's views and recommendations in regard to the above matters. A 1 REZONING PROPOSAL DR. SHORT TOWN COUNSEL 4-2-62 -6- Distributed to the Board were copies of the ' Building Inspector's letter of March 15 to the Plan- ning Board and previous correspondence in regard to non -conforming residential use. The Board took the proposal set forth in said correspondence under con- sideration. p.m. The Board then adjourned its meeting at 11:30 Arthur E. Bryson Clerk ADDENDA April 2, 1962 Board of Selectmen Town Office Building Lexington 73, Mass. , Re: Goodrich and Hennessy Options Gentlemen: The Planning Board has obtained an option from the Goodrich brothers, F. Lester and Lloyd C., to purchase land referred to in Article 38 of the ?Tarrant for the 1962 Annual Town Meeting. The Board has also obtained an option from Mary A. Hennessy to purchase real es- tate referred to in Article 39 of said warrant. Town Counsel has delivered the original options to the Town Clerk. The Planning Board recommends that the Board of Select- men exercise these options promptly so that as to the Hennessy land an examination of the title can be started and as to the Goodrich land the Town Engineer can retain a qualified engineer and have preparation of the neces sa ry land court plan started. Both options must, by their terms, be exercised on or before Mav 71 1962. Sincerely, LEXINGTON PLANNING BOARD /s/ Thomas S. Grindle, Chairman 4-2-62 -7- Memorandum for the ' Board of Selectmen Last Thursday afternoon I accompanied Stephen F. Hamblin, one of our citizens and an eminent horticulturist, on a tour of the Willard 'goods to view its boundaries and conditions. The main object of the view was to observe and select the most preferred locations for the planting of wild flowers to supple- ment those already indigenous to these woods. One of these locations it was especially desired to plant, and the area con- cerning which this memorandum is being written, is the swampy area southwesterly of the brook which enters the ?-Iillard Woods property from the northwest. This area is on the other side of the meadow directly opposite the orchard area where there have been located fireplaces and picnic tables. I understand that the Lexington Field and Garden Club through Mr. Hamblin is preparing a list of existing trees and shrubs growing in these woods. Perhaps later the Club will prepare likewise a list of wild flowers growing there. I understand also that the Club is preparing a program to present to the Selectmen making suggestions for the use of these woods as a wild Flower and bird preserve and requesting permission to• make, where nroner, additional plantings of wild flowers. This pro- posal would certainly be in keeping with the thoughts of the :Misses Robinson and Willard with whom the negotiations for the purchase of this property were made. At the time of these nego- tiations I indicated to them that it was the intention to keep the woods themselves in a natural state and to acquire the re- maining portion of woods not then in their ownership so that all the woods within this area are kept as an integral unit. When Mr. Hamblin and I came to view the site referred to in the first paragraph we found that during the winter months a large portion of this swampy land had been cleared of all the under- growth and many large trees The natural state of this immediate area and certainly much of its ecology has been destroyed. Was this cutting done with the knowledge and sanction of the Board of Selectmen? It is hard for me to believe that it was. As a taxpayer I protest the time and money wasted in this cutting and clearing. As one of the principles who did the negotiating for the ?Villard Woods area with the Misses Robinson and Willard I protest also the breach of understanding between principles in regard to the treatment of the woods. I feel that the Town has a moral obligation to leave the woods as they are. True, there is nothing in the option instrument or deed which sets this restric- tion on the land. However, I expect that when the Misses Robinson and Willard return to Lexington from their winter residence and see what can be done with chain saws in the Willard 'Moods that ' they will have something to say in regard to the matter. It is my understanding that under Section 4 of Article 30 of the Lexington General By-laws the control of this area is under the 4-6-62 -8- jurisdiction of the Board of Selectmen. If this is true, then ' I recommend that you consider establishing a policy that there be no further cutting of trees in Willard Woods or no development whatsoever of the wooded portion of this area. If there are one or two places where a large number of fallen trees have created a fire hazard, some judicious removal of dead wood might take place. However, many of tFe trees that are down, as was observed when Mr. Hamblin and I visited the wood the other afternoon, serve as a shelter for many of the ground birds and wild life which seek protection in the woods. Two-thirds of the remainder of the former Willard property is open land or set off in blocks of sparsely wooded sections that can be used for other than bird and plant sanctuary. This is the only piece of publicly -owned wooded land of this type remaining in Lexington and I believe it should be set a- side for posterity and should be conserved for this purpose. Samuel P. Snow Planning Director 'Mr. Stephen T. Russian April 5, 1962 Attorney at Law 1776 Massachusetts Avenue Lexington 731 Massachusetts Dear Mr. Russian: Reference is made to .your meeting with the Planning Board on February 26 at which time ,you informed the Board that Dr. Leonard V. short proposed to proceed with the construc- tion of two office buildings on 71laltham Street on that por- tion of land now or formerly owned by him and now zoned as a local business district unless in the Planning Board's opinion some other use should be made of said land. This matter was considered by the Board at its meeting on April 9 at which time all members of the Board were present. A summary of the discu.-.sion and decision in regard to this matter is set forth for your information. It is the opinion of the Planning Board that the business development on Lexington Street in Waltham just adjacent to the Lexington town line is not what the Board would like to have in Lexington. This, among other reasons, is why the ' Board would not like to have the Lexington land b etween the Waltham city line and Concord Avenue either used or rezoned for business use. The majority of the Board's members 4-2-62 would be in favor, therefore, wherein all the land now or formerly owned by Dr. Short in this area on the easterly side of Waltham Street were rezoned for garden apartment use in order that the Town might have some control over the type of development which would be built in this area and In order also to have a buffer in the form of a better transition between single family dwellings in Lexington and the existing development in Waltham. In this connection, however, it is pointed out that the Board wishes to amend the present A 1 district category in the Zoning By-law to eliminate hotels as a permitted use in said districts. Your attention is called to the fact that the vote wherein the Board would be in favor of the proposal to rezone said land for garden apartment use was not unanimous. Mr. Meyer is opposed to such a proposal to rezone this or any other land in Lexington for garden apartment use until such time as the Town has had experience with the development and occu- pancy of the districts now zoned for said use. Sincerely, LEXINGTON PLANKING BOARD /s/ Thomas S. Gri.ndle, Chairman Mr. John J. Carroll April 4s 1962 Supt. of Public Works and Town Engineer Lexington 73, Mass. Re: Emerson Road Dear John: Attached herewith is a marked print showing the appraximate location of Emerson Road through the property of Chester A. Lidberg, Adams Street, Lexington, Using this print the Plan- ning Board would appreciate having you prepare at your earliest convenience, a definitive plan of this proposed road location so that the Board may use the plan to obtain an op- tion and later a deed to acquire the land within the proposed right of way. To assist you in the preparation of the plan I enclose two prints: one entitled "Subdivision Plan of Land in Lexington -Mass.", dated October 3, 19[6, by xenry F. Bryant & Son, Inc., Engineers, Brookline, Mass.; and the second print entitled "Adams Fstates Section Three Lexington, Mass.", dated ' December 20, 1061 by Albert A. Miller & Wilbur C. Nylander, i-6-62 -10- Civil Engineers & Surveyors, Lexington, Mass. When ,you are through with the latter two prints please return them to me. Sinc erelys /s/ Samuel P. Snow Planning Director Enc : 3 r 1