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HomeMy WebLinkAbout1962-05-16' PL.AN'�TTITG BOARD MEETING May 161 1x62 The Lexington "Tanning Board held a special meeting in its office in the Town Office Building on Wednesda7, hlay 16, lq�- 2 at 6:00 p.m. Dresent were Chairman Grindle, members Campbell and Mabee, Town Counsel Stevens and Mr.Snow, Planning: Tr -rector. The purpose of the meeting was to take action on the application of Girrac Realt-- Trust for annrov- al of its Minute Man High -Lands Section Four defini- tive subdivision plan. Mr. Stevens exhibited duplicate originals of a covenant executed on Mao 16, 1962 by Walter E. Murphy and Robert W. Carrig as trustees of Girrac Realty Trust with reference to said clan. He gave a conformed copy of said executed covenant to Mr. Snow for the Planning Board files. Mr. Stevens said he would keep the originals and make arrangements for their filin:c- at such time as the definitive sub- division plan was registered in the Land Court. All matters appearing; to be in order, it was moved by Mr. Mabee, seconded by Mr. Campbell, and unanimously VOTED: that the definitive subdivision plan entitled "Kmute Man High -Lands Section Four Lexington - Mass.", dated August 21, 1°61, which was sub- mitted to the 9oard by Girrac Realty Trust, Robert 4. Carrig, Trustee, on March 13, 1862, accompanied by an anplieation for approval of definitive plan, Form C, dated March 13, 1062, be and hereby is modified as follows; 1. A portion of "C" Street is relocated, widened and extended to the northwesterly boundary of the Girrac Realty Trust land as shown on plan prepared by the Lexington Planni_ne, Board entitled "Modification of Subdivision Plan entitled 'Minute Man High - Lands Section Four Lexington, Mass.'" and dated May 7, 1962. 2. A second portion of "C" Street is relocated and extended to the center line of Clematis ' Brook, and said nortion of "C" Street is marked "D" Street. The portion of said "D" Street between the westerly sideline of "C" MINUTE MAY HIGH -LANs S SEC. 4 G I"RAC REALTY TRUST WX Street, as relocated and as set forth in , -paragraph 1 above, and the centerline of Clematis Brook is marked "Easement for Public Travel." 3. The portion of "A" Street which turns in a northeasterly{ direction to connect to Rockville Avenue is marked "Temporary Connection to Rockville Avenue."' all as shown on said modification plan, and as so modified, said definitive subdivision plan be and hereby is approved subject to the following conditions: 1. That the nrofi_le of "C" Street be raised from about Station 2+0 to about Station 21+75, the maximum increase to be 2 feet all as shown on said modification plan, or that adequate sub -drainage be installed between said stations. 2. That all sanitary sewer mains over 10 feet deep be constructed of "Class 3300" pipe and the nlan so marked 3. That the sanitary sewer main on "A`° Street ' be extended to the certerline of Rockville Avenue extended. 4. That the existing 24" sewer main on Pleasant Street be shown on the plan and marked as such. 5. That water main gate valves be shown on each water main branch at all intersections. 6. That the water main on "A" Street be extended to Station 15+97.31L in said "At° Street. 7. That the existing? 12" water main and proposed tapping sleeve and gate on Pleasant Street be shown on the plan and marked as such. 8. That storm drainage on "A" Street be extended to Station 15+97.34 in said "A" Street. 9. That storm drainage on "E" Street beeextended to Station 6+0. 10. That all storm drains with less than 3 feet ' of cover be reinforced concrete pipe conforming to AASHO designation M41-49. 5-16-62 ' 11. That the drainage outlet at Clematis Brook on Lot 161 have an invert elevation of not less than 195.50. 12. That the upper end of the box culvert on "E" Street be at elevation 195.50 13. That the box culvert on "Ell Street be en- larged to 131x7'. 14. That the box culvert on "E" Street be en- closed on both sides with 5 feet of se- lected bank gravel. 15. That the drainage outlet at Clematis Brook on lots 170 and 171 have a headwall which shall be shown on the plan. 16. That a bituminous concrete sidewalk five (5) feet *aide be constructed. according to the current specifications of the Lexing- ton Department of Public Norks along the entire length of "C" Street on both sides of said street, along the northeasterly side of "A" Street, along; the northerly ' side of "D'k Street, along the easterly side of "B" Street, and alonEp,, the north- westerly side of "E" Street. 17. That no building or structure Shall be built or placed upon the following lots without consent by the Lexinr-ton Board of Health; namely, lots numbered 159 to 165, inclusive, 174 to 196, inclusive, 197 to 213 inclusive, 222, 227 and 228. It was also moved by Mr. Mabee, seconded by Mr. Campbell, and unanimously VOTED: that i f the Gi.rrac Pealty Trust grants to the town of Lexington easements for utilities and the easements sl -own on the subdivision plan entitled "Minute Man High -Lands Section Four Lexinc7ton, Mass.", and, in addition, an ease- ment for all nurposes of public travel over lots 112, 113 and 114, between "A" Street and Moreland. Avenue, the Lexincton planning Board would: -3- 1. Recommend to the Board of Selectmen that a ' public way be laid out and constructed by the Town from "A" Street to Moreland Avenue over said lots 112, 113 and 114. -16-62 -4- 2. Recommend to the Board of Selectmen that ' the subdivider be compensated for part of the cost of constructing "Ct1 Street as widened and extended by the Planning Board in its modification of said elan. 3. Agree to reimburse Girrac Realtv Trust for reasonable additional charges for engineer- ing services for redesigning the definitive subdivision plan to incorporate the modifi- cations made by the Planning Board in widen- ing and extending "C" and "D" Streets on said plan. After the Board had taken this action, the Chairman signed a letter to the Town Clerk setting forth the first vote and another letter to the Girrac Realty Trust setting forth the second vote. In addi- tion to reviewing the procedure to be followed the next morning in regard to said letters, Mr. Stevens stated that a copy of the letter to the Town Clerk to- gether with the originals of the Minute Man High -Lands definitive plan and a set of marked prints comprising the modification of said plan should be rriven to the firm of Miller and Nylander which prepared the defini- tive plan for the purpose of'making the necessary changes in the original drawings incorporating modifi- cations and conditions prescribed by the Board. Mr. Stevens said that a receipt for the enumerated material should be prepared for signature by a representative of said firm, the receipt indicatinfr that the originals should be returned to the Board for endorsement. It was decided to inform the Board of Appeals that the Planning Board was sympathetic with the Douglass funeral home problem but did not see how the Board. of Appeals could errant a variance on the basis of (1) the Massachusetts Supreme Judicial Court deci.- si.on in the Cefalo v. Ellis et al., Supreme Judicial Court of Massachusetts, Feb. 4, 1955, 124 N.F.2d 247 (& ZD 133). Variance for morticians home in a single - residence district properly denied - which set forth , tr-e opinion teat a Board of Appeals could properly deny a variance for a mortician's home in a single family Mr. Stevens left the meeting at 6:15 p.m. Considered next was the request of the Board BOARD OF APPEALS of Appeals for a planning Board opinion in regard to - the bouglass petition for a variance for a funeral DOUGLASS home proposed for location on Worti-en Road in a one- FUNF.RAL HOME family dwelling. (See minutes of Planning Board meet- PF.T7TION Ing of April 30, 1962.) It was decided to inform the Board of Appeals that the Planning Board was sympathetic with the Douglass funeral home problem but did not see how the Board. of Appeals could errant a variance on the basis of (1) the Massachusetts Supreme Judicial Court deci.- si.on in the Cefalo v. Ellis et al., Supreme Judicial Court of Massachusetts, Feb. 4, 1955, 124 N.F.2d 247 (& ZD 133). Variance for morticians home in a single - residence district properly denied - which set forth , tr-e opinion teat a Board of Appeals could properly deny a variance for a mortician's home in a single family -16-62 ' residential district, and (2) of the four condi- tions set forth for a variance in the Zoning Enab- ling Act. It was also decided to inform the Board of Appeals that$ if a variance were granted and not appealed., said board would hardly be in a posi- tion to deny another variance for a business use in this particular location or for a funeral home in a residential district in general. Mr. Grindle was asked to convey this informa- tion to Mr. Nickerson, chairman of the Board of Appeals, informing him that the Planning Board did not intend to write a letter to the Board of Appeals In this case but would if requested to do so and also to inform him of the availability of the ASPO Planning Advisory Service information report on funeral homes should he desire to borrow it. There being no further business to transact at the time, the meeting was adjourned at 6:30 p.m. Thomas S. Grindle Chairman