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HomeMy WebLinkAbout1962-07-23PLANNING BOARD MEETING July 23, 1962 On Monday, July 231 1962 the Lexington Plan- ning Board held a regular meeting in its office in the Town Office Building at 7:1t5 p.m. Present were Chairman Grindle, Members Campbell, Mabee and Meyer, and Mr. Snow, planning Director. The Board annroved the minutes of its meeting MINUTES Of July 9, 1962. The Board approved for payment the following bills: Henry F. Keenan, appraisal services -4350.00: BILLS Wesley J. Ewell, drafting; services through July 20, i962 -4115 -50 - The Board also confirmed the action of the Planning Director in arnroving for payment since the last meeting of the Board an order for $3.00 for a land use report and map from the Greater Boston Econ- omic Study Committee. ' From 8:00 to 10:00 n.m. Town Counsel Stevens met with the Board to confer on several matters cur- CARRIAGE rently before it. The first concerned the Carriage GROVE Grove Estates definitive subdivision plan which the ESTATES Board endorsed. The elan was to be held until the - Town Engineer could check its construction details WOOD to see that all met with his approval before the plan was placed on record. In connection with the endorsement of said plan Mr. Snow gave to Mr. Stevens for recording prior to the recording of the definitive plan a deed which he had been holding in escrow in which Walter S. and Dorothy Harrington conveyed to Reginald A. Wood, the subdivider, parcel A, to be nart of the Carriage Grove Estates subdivision, said deed, dated June 18, 19622 and said parcel shown on the plan to accompany the deed. (See plan accompanying; Form A application #62-44.) In connection with this endorsement Mr. Snow also gave to the Town Counsel the original of an in- strument executed July 23,1962, in which r4r, and Mrs, Reginald A. ?Mood granted to the town easements in the Carriage Grove :states subdivision, said instrument to be recorded with the plan. The second_ matter discussed was the written re- quest, dated Julir 13, Ic)-2, of the Whiter and Greener 7-23-62 Trusts for obtaining release of lots 11 to 15, in - THE GROVE clusive, in "The Grove Section One" subdivision from SEC. 1 the provisions of the existing covenant and the sub- stitution of a surety company bond as a performance GREENER AND guarantee for the completion of work on White Ter- WH?TER race. Mr. Snow exhibited an agreement and bond in TRUSTS the sum of X17,000 recommended by the Town Fhgineer, said instrument having been executed on July 20, 1962. Mr. Stevens rnresented for execution a nronosed instru- ment entitled "Partial Release of Covenant." All matters anpearing to be In order, on motion duly made and seconded, i.t was unanimously VOTED: that the Lexin7ton Planning Board sign a par- tial release of covenant for required work referred to in the covenant executed by William M. Glovsky, Trustee of the Greener Trust and the Whiter Trust, dated October 9, 1961s and release lots numbered 11 through 15, inclusive, on the subdivision pian entitled"The Grove Section One Lexinr-ton, Mass.", dated May 20, 1961, revised October 6, 19613 from the provi- sions as to sale and building specified in said covenant, and to accept in substitution there- for herefor an agreement, dated July 20, 1962, and a surety company bond securing the same. After adopting said vote the Board executed the instrument. The Town Counsel then obtained the Chairman's acknowledgement of his free act and deed and that of the Planning Board stating that he would deliver the executed instrument to representatives of said Trust. While Mr. Stevens conferred with Mr. James A. MERSON ROAD Carrig and sons relative to easements in the Minute - Man High -Lands Section 4 subdivision, Mr. Chester A. LIDBERG Lidberg met with the Board at its request to discuss the possibility of the Town acquiring a portion of his land for the future location of Emerson Road, said portion being known as Lot B on a plan prepared by the Town Engineer. (See minutes of Planning Board meeting of June 18, 1962.) The Board offered Mr. Lidberg $6,000.00 for said lot, he being informed that the Hoard would recommend to the Town Meeting an appropria- tion of this amount for the lot. Mr. Lidberg said be would give the lot to the town for nothing if it would construct a section of .Emerson Poad over his land. When he asked when this might be done, he was informed that the Board did not know, the timing of such construction depending to some extent on circumstances such as how soon the land now owned by Mr. Castoldi was developed for residential -2- I 1 7-=3-62 -3- ' Taken under consideration were the following Form A applications for determination of Planning FORMS A Board jurisdiction: ¢#62-48, submitted July 122 1962 by A. B. Sziklas, Agent for Temple Emunah; plan en- titled "Plan of Land in Lexington -Mass.", reale: 1 In. = 100 ft., dated July 11, 19621 Everett M. Brooks Co., Newtonville, Civil 'ng'rs . 462-49, submitted July 16, 1962 by Louis L'rancis Di_Giovanni for Alexander Palladinoi plan entitled "Plan of Land in Lexington, Mass.", Scale: 1 in. = 20 ft., dated Feb. 8s 19621 Fred. A. Joyce, Surveyor, Belmont. X62-50, submitted July 16, 1962 by Tdilliam H. Ryan; plan entitled "Plan of Land in Lex- ington, MaS9.t1.9 Scale: 1" = 60', dated July 11, 1962. Albert A. Miller, efilbur C. Ny- lander, Civil ^ngineers & Surveyors, Lexing- ton, Mass. #462-51, submitted July 19, 1962 by Paul J. McCormack, attorney, for James E. Barrett, Jr.; plan entitled "Plan of Land in Lexing- purposes. Since the Board could not commit the town on a date when said section of Emerson Road might be constructed, Mr. Lidberg took the Board's offer under consideration. Mr. James A.Carrig and sons then met with the Board to request that the Board endorse the Minute MINUTE MAN Man High -Lands Section 4 definitive subdivision clan. HIGH -LANDS It was stated that the pian as most recently revised SEC. 4 by Mr. N41ander had only 'heen left that day with the - Town Engineer for checking and that while the latter CARRIG had not completed his work he had already found a - number of construction details which either had been GIRRAC omitted or were not satisfactory. Since the Alan REALTY could be revised completely to the satisfaction of TRUST the Town Engineer by the following evenin, it was agreed that a majority of the Board would meet in- formally for the purpose of endorsing the definitive plan. Mr. Stevens said that he would be present at this time also with an instrument entitled "State- ment of Conditions," for members of the Board to sign, said instrument to be filed in the Land Court with reference to said Minute Man High -Lands defini- tive subdivision Alan. ' Taken under consideration were the following Form A applications for determination of Planning FORMS A Board jurisdiction: ¢#62-48, submitted July 122 1962 by A. B. Sziklas, Agent for Temple Emunah; plan en- titled "Plan of Land in Lexington -Mass.", reale: 1 In. = 100 ft., dated July 11, 19621 Everett M. Brooks Co., Newtonville, Civil 'ng'rs . 462-49, submitted July 16, 1962 by Louis L'rancis Di_Giovanni for Alexander Palladinoi plan entitled "Plan of Land in Lexington, Mass.", Scale: 1 in. = 20 ft., dated Feb. 8s 19621 Fred. A. Joyce, Surveyor, Belmont. X62-50, submitted July 16, 1962 by Tdilliam H. Ryan; plan entitled "Plan of Land in Lex- ington, MaS9.t1.9 Scale: 1" = 60', dated July 11, 1962. Albert A. Miller, efilbur C. Ny- lander, Civil ^ngineers & Surveyors, Lexing- ton, Mass. #462-51, submitted July 19, 1962 by Paul J. McCormack, attorney, for James E. Barrett, Jr.; plan entitled "Plan of Land in Lexing- 7-23-62 -4- ton, Mass.", dated July 12, 1960, Scale: l" = 30', Albert A. Miller and Wilbur C. Nylander, ' C.E.'s & Surveyors, Lexington, Mass. #62-52, submitted July 20, 1962 by Carole A. Sullivan; plan entitled Plan of Land in Lex- ington, Mass.", dated July 14, 1962s Scale = 501, Albert A. Miller & 11Tilbur C. Nylander C.E.'s e, Surveyors, Lexington, Mass. A group of people representing Temple Emunah Temple met with the Board in regard to application #62-48. Emunah Mr. Gerald Stechlar, president of the Temple, and Mr. Max W. Rosenthal, Attorney, served as spokesmen for the group, explaining the Temple's position upon being informed before the meeting that the plan filed with said application might constitute a subdivision and might not be signed by the Board. Town Counsel atevens stated that under the Lexington Zoning By-law the Temple did not have frontage on a public way, namely Route 2 (the Cambridge -Concord Highway), be- cause frontage implied rights which had been taken away when ?route 2 was laid. out as a limited access highway. when it was stated that the Board could en- dorse the plan with a notation that the lot did not , meet the frontage requirements of said by-law, Mr. Stechlar pointed out that a bank would not grant the Temple a mortgage for construction of the Temple's edifice. Explained to the group was the necessity of the Temple obtaining a variance to erect a building on a parcel of land which did not have said frontage requirements. The group was informed that the Plan- ning Board recognized the hardship involved in the Temple's case and would support its petition for a variance. It was decided to take no action on applica- tion #62-51 pending submission of further evicence in regard to this case. Upon motions duly made and seconded, it was unanimously VOTED: that the Lexington Planning Board determines that the elan accompanying Form A application #62-48 does not require approval under the Subdivision Control Law, and that said plan be so endorsed with the notation that the lot does not comply with the frontage requirements of the Lexington Zoning By-law. 7-23-62 ' VOTED: that the action of three members of the Board be validated in determining on July 161, 1962 that the plan accompanying Form A application #62-LL9 does not require approval under the 'Sub- division Control Law and that said Dian be so endorsed. VOTED: that the Lexington Planning Board determines that the plans accompanying Form A applications 162-50 and #62-52 do not require approval under the Subdivision Control Law and that said plans be so endorsed. W2 Read to the Board was a letter, dated July 3, 1962s from the Board of Fire Commissioners to the Chairman of the Board of Selectmen requesting that subdividers be required to irstall in their develop- ment wires, cables, boxes, and pedestals for fire alarms. (See addendun.) Mr. Snow stated that unon receipt of a copy of said letter he had requested the Fire Chief to furnish him wltr detailed information as to what other municipalities require subdividers to make such installations, and as to just how this was done either under subdivision regulations or un- der by-laws or ordinances. He said that the Chief agreed to obtain what information he could on the subject. The Board's attention was called to a copy of a letter, dated July 16, 19623 from the Town Counsel to Attorney Robert L. Halfyard indicating; that an executed grant of easement from Alfred Camarano to the Town of Lexington had been received and recorded (see addendum), said easement granting rights to use FIRE COM- MISSIONERS �e/INTER STREET Considered next were notices of the petitions to be heard by the Board of Anpeals on July 31, 1962. BOARD OF It was decided to take no action in regard to said APPEALS petitions with the exception of that of the Carrig Realty* Trust. The Planning Bonrd decided that in or- der to avoid a repetition of a situation similar to that of the Ehlers case on Waltham Street and Wachu- setts Drive that the Board of Appeals be requested that if in its judgment it decided to grant a variance in this case, such a variance be granted with a restriction that a- no future date could lot 9 be subdivided so that there could be a house fronting on Concord Avenue in this locus as well as one fronting on Chadbourne Road. Mr. Snow was asked to brepare for the Chairman's sig- nature a letter to the Board of Appeals setting forth the Planning Board's nosition it this case. (See adden- dum.) Read to the Board was a letter, dated July 3, 1962s from the Board of Fire Commissioners to the Chairman of the Board of Selectmen requesting that subdividers be required to irstall in their develop- ment wires, cables, boxes, and pedestals for fire alarms. (See addendun.) Mr. Snow stated that unon receipt of a copy of said letter he had requested the Fire Chief to furnish him wltr detailed information as to what other municipalities require subdividers to make such installations, and as to just how this was done either under subdivision regulations or un- der by-laws or ordinances. He said that the Chief agreed to obtain what information he could on the subject. The Board's attention was called to a copy of a letter, dated July 16, 19623 from the Town Counsel to Attorney Robert L. Halfyard indicating; that an executed grant of easement from Alfred Camarano to the Town of Lexington had been received and recorded (see addendum), said easement granting rights to use FIRE COM- MISSIONERS �e/INTER STREET 7-23-62 for street purposes a portion of lot 8 on 'V nter Street. Mr. Snow said'that upon receipt of two more ' easements, these being in lots 7 and 93 it would then be in order to lay out Winter Street from Pangeway westerly to a permanent turnaround located adjacent to said lots. The Board adjourned its meeting at 10:15 p.m. Thomas 9.`Grindle, ' Chairman Attention was also called to a copy of a H WTESSY LAND letter, dated July 13, 1962, from the Town Counsel FOR RECREA- to the Chairman of the Board of Selectmen, stating TIONAL pUR- that there had now been acquired from Mary A. POSFS Hennessy a parcel of land containing an area of 10.02 acres with a stable thereon situated easterly_ of Robinson Road and abutting on land acquired by the Town in 1960 for playe?round and recreational purposes. (See addendum. ) In connection with said acquisition it was noted that (1) there had been ob- tained a release and discharge by Mrs. Hennessy of the right to use Mountain Road to Robinson Road, (2) there had been granted by the Town to Mrs. Hennessy a 40 -foot right of way from her h.11 acre lot on Turning Mill Road,and (3) there had been obtained an agreement b etween the Town and Mrs. Hennessy relat- ing to the use of the stable for a period of five years. The Board next discussed a letter, dated July PROPOSED 171 1962, from the Board of Selectmen to the Planning ' ZONING BY- Board recommending that some action be taken to amend LAW AM7Nr the zoning by-law to permit retail liquor stores in MT'`'TS areas other than C 2 districts. The matter was taken - under advisement LIQUOR STORES Distributed to members of the Planning Board and the Board of Selectmen were conies of the final EMERSON AND report, dated July 9, 1962, of Abbott Engineering, WORTuEN Inc., setting forth recommendations for locations of ROADST?merson and tdorthen roads with connections to Route 2, STUDIES Mr. Snow said that be had also given a copy of said report to Mr. Carroll, Lexington's Superintendent of Public Works. It was decided to arranme a joint meet- ing with the Board of Selectmen to discuss the report with Mr. Carroll, Mr. Snow, and representatives of said corporation in order to determine a course of action with reference to the proposed laying: out of Emerson Road. The Board adjourned its meeting at 10:15 p.m. Thomas 9.`Grindle, ' Chairman 7-23-62 -7- ' ADDE'IDTJM July 26, 1962 Board of Appeals Town Office Building Lexington 731 Mass. Gentlemen: 1 Reference is made to the July 12 notice of the Carrig Realty Trust petition for a variance in regard to lot 9 numbered 130 Concord Avenue. The Planning Board requests that if the Board of Appeals in its judgment decides to grant a variance in this case that it do by placing a restriction on lot 9 so that at no future date can spid lot be subdivided to that the original lot in effect would have two houses on it, one fronting on Concord Avenue and the other facing Chadbourne Road. Sincerely, LEXINGTON PLADTNTYCT BOARD /s/ Thomas S. Gr;ndle, Chairman P O.Box 150 Lexington, Nass. Mr. Alan '. Adams, Chairman July 3,1962 Board of Selectmen Town Office Building Lexinf�ton 73, Massachusetts Dear Mr. Adams: The Board of Fire Commissioners would like to recommend that on new developments and new roads that are being constructed by contractors and development corporations, that our By - Laws be changed to include Fire Alarm (wires, cables, boxes and pedestals) the same as water and sewer. A number of Towns are now requesting, this as part of the de- velopment. Xe feel that the Town could save a considerable amount of money plus the fact that all new areas would be covered by fire protection. The way it is now, we cannot in- clude all of the new locations each year with the amount of our scheduled Tearly expenditures. We would like to have -�-ou give this serious consideration and. 7-23-62 W if possible incorporate it in the next Town Meeting. Very truly ,yours, ' Is/ William P. Fitzgerald Chairman July 16, 1962 Robert L. Hatfyard, Fsq. Messrs. Richardson, Wolcott, Tyler and Fassett 75 State Street Boston, Massachusetts rear Mr. Halfyard: Re: 120 Winter Street, Lexington Your letter of Jultr 13, -1.962 enclosing the executed grant of easement from Alfred Camarano to the Town of Lexington was received this morning and this afternoon I recorded the instrument in Middlesex South District Pegistry of Deeds as instrument Pio. 355. 'At the same time I recorded the nlan referred to therein as plan No. 975 of 1962. I enclose for your file a conformed co -PIT of the grant of easement together with a copy of the elan. Sincerely ,yours, ' /s f HAROLD E. STEVENS HES :eAk 2 encs. cc - Lexington Planning Board July 13, 1962 Alan G. Adams, Chairman Board of Selectmen Town Office Building Lexin?ton 73, Massachusetts Dear Mr. Adams: Re: Acquisition of Hennessy Land This is to advise You that I have now completed the transaction in which the Town acquired from Mary A. Hennessy a parcel of land, containing an area of 10.01 acres, with a stable thereon, situated easterly of Rob- inson Road and abutting on land acquired by the Town in 1960 for nlayground and recreational purposes. This acquisition was authorized under Article 39 of the War- rant for the 1962 Annual Town Meeting. As you will recall, the land was taken by order adopted ' by the Board of Selectmen on June 25, 1962, recorded in Middlesex South District Registry of Deeds on June 7-23-62 -9- 25, 1962s recorded in Middlesex South District Registry of Deeds on June 27, 1962, Book 10065, Pat -e 405. A re- cently drawn survey plan that shows tbisl and was re- ferred to in the order and was recorded at the same time as plan No. 882 of 194:2. This morning T recorded a confirmatory deed and release of damages from Mary A. Hennessy dated July 9, 1962 and an instrument dated July 9, 1962 executed by Mary P. Hennessy releasing and discharging to the Town the right that was appurtenant to her adjoining 4.11 acre parcel to use Mountain Roar' from that parcel to Robinson Road. The deed was recorded as instrument No. 4 and the release of the right to use Mountain Road was recorded as instrument No. 6. At the same time I delivered to Mrs. Hennessy's attorney and he recorded the instrument dated July 9, 1962 executed on behalf of the Town by the Board of Se- lectmen which granted to Mary A. Hennessy as appurtenant to said 4.11 acre parcel a right of way over a forty -foot strip of Town owned land extending from the westerly boundary of said 4.11 acre parcel to Turning Mill Road. This was recorded as instrument No. 7. ' I enclose for the Board's file a conformed copy of the agreement between the Town and Mrs. Hennessy dated July 9, 1962 covering the payment by the Town on January 10, 1963 of the balance of $17,850 of the agreed price of '`25,500, nayment of X7,650 having been made today. The agreement also gives Mrs. Hennessy the right to use for a period of five vears from July 9, 1962 the living quarters now maintained by her for a caretaker in the stable that is situated on the land the Town acquired, all subject to the terms set forth in the agreement. T an delivering the Town's original of that agreement to the Town Clerk. -,Te adjusted taxes at the time of the passing and on behalf of the Board of Selectmen, T an requesting the Board of Assessors to abate the balance of the l9`2 taxes, inas- much as under the terms of the deed the Town agreed to assume and pay these taxes. v Sincerelyyo-?rs, /s/ Harold E. Stevens Enc. HES: epk cc - Superintendent of Public :forks Planning; Board