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HomeMy WebLinkAbout1962-09-24PLANr1ING BOARD MEETING ' September 24, 1962 A regular meeting of the Lexington Planning Board was held in its office in the Town Office Building on Mondavy Sentember 2Li, 1962 at 7:40 n.m. 'resent were Chairman Grindle, members Bryson, Campbell, PN?abee and Meyer, and Mr,Snow, Planning Director. Considered first and apnroved by the Board were the minutes of the Planning Board's meeting of Sentember 17, 1962. The Board approved for na-�rment the follow- ing bills which had' been presented Baird & Bart- lett Co., sunolies-414.11; Samuel P. Snow, car allowance for month of Sentember, 1962---'.20.00. From 7:45 to 8:00 n.m. Mr. Donald N. Sleeper, Jr., attorney for Kingston Homes, Inc., met with the Board witl^ reference to the cornora- tion's request that the Planning* Board release certain lots from the rrovisions of a covenant ' executed by the corporation in return for agree- ment and bond securing the same. Pxhi_bited was the original of an instrument, dated August 31, 19621 wherein Kingston Homes, Inc., the sub- divider, agreed to construct the ways and services to serve the lots enumerated therein and to com- plete the same by august 31., 1963s together with a surety bond executed by Kingston homes, Inc, as principal and The Hanover Insurance Companv as surety, dated Aur-ust 31, 1962, securing the per- formance of said agreement. All matters annearing to be in order, upon motion duly made, and seconded, it was unani- mou sly VOTED: that the Lexinf*ton Planning Board sign a partial release of covenant for required work referred to in the covenant executed by Kingston Homes, Inc., Fnilio V. Spag- nuola, Treasurer, dated July 2, 1962s and release from said covenant Lots 1 through 6 and 30, 31, 32 and 41 shown on the sub- division olan entitled "'Ingleside' Subdi-vision of Land in Lexinr-ton, Mass.", dated June 23, )961, revised October 30, 196l, from the provisions as to sale and build- ing specified in said covenant and to MINUTES 'INGLESIDEi KINGSTON HOMrS, INC 9-24-62 -2- accept in substitution therefor an anree- I ment and surety company bond securing the same. The Board then executed an instrument en- titled "Partial Release of Covenant." Mr. Sleeper took Mr. Mabee's acknowledgement in regard to the same. After conforming copies were made the origi- nal of the instrument was given to Mr. Sleeper for recording in the Registry of Deeds. From 8:00 until 8:30 p.m. Mr. Stephen T. GREEN VALLEY Russian, attorney for Mr. Antonio Busa, met with SEC. 7 the Board to discuss the latter's application for approval of the Green Vallev, Section Seven defini- BUSA tive subdivision -olan. Mr. Russian asked why it was suggested that Mr. Busa request the Planning Board to extend the time within which the Board must take final action on said an-olication. It was pointed out that the Board did not wish to disapprove the application but would be placed in a position to do so for the following reasons: (a) Circle Road in the subdivision would be further than 500 feet from the nearest means of access, namely the intersection of Anthony and Lillian Roads; (b) the ' subdivision has no recognized second means of access; (c) an executed instrument has not been obtained from the Town of Arlington to cast surface water from the subdivision onto the Great Meadows; (d) no perform- ance guarantee has been filed in connection with the subdivision. In summary, Mr. Russian said that he would ob- tain an executed instrument In which the town of Arlington grants Mr. Busa the right to cast surface water on Great Meadows and that Mr. Busa could assign his right to tr e town of Lexington. He also said that to fulfill another one of the Planning Board's conditions he would obtain from the Busa Realty Trust an instrument guaranteeing the construction of Circle Road as shown on Land Cou-t plan No. 6807 providing the town of Lexington sold to said trust the town - owned lots fronting on Circle Road as shown on said plan. After the discussion with Mr. Russian and at the written request of the anplicant, it was moved, and seconded, and unanimously VOTED: to extend to and including October 8, 1962 the , time with;n which the Lexington Planning Board must take final action on anolication for FIM n/ -z4-62 approval of the definitive subdivision plan entitled '"Green Valley Section Seven Lex- ington, Mass.", dated Julv 6, 1962. Mr. C. T. Morris' letter of September 18 to the Plann`ng Board was read with reference to the location of a proposed build,ng on Itek Corporation land. on Maguire Road. (See addendum; see also min- utes of the planning Board meeting of September 10, 1962. ) It was decided to meet with Mr. Morris and the Itek corporate counsel at 9:00 n.m. at the Board's next regular meeting on October 1. -3- BOARD OF APPEALS IT EK Mr. Snow next called the Board's attention to Mrs. John B. Rawls' letter of September 18 and LWV his ren_ly. (See addenda with reference to the Lex- ington League of TIomen Voters local stud�r Item.) From 9:10 to 9:30 p.m. Mr. Donald 1. Legro, the new Town Counsel for Lexington, met with the EMERSON Board. With reference to the written request of GARDENS the _Everson Gardens Realtv Corporation Mr. Legro SFC. ONE was F;iven an executed agreement, dated September - 24, 1962, and a bond executed by The Aetna Casualty EMERSON & Surety Cnmpanv. The bond was not correct or in GARDENS droner form, Mr. Legro said he would hold any REALTY ' nartial release of covenant instrument in connec- CORPORATION tion with this subdivision until such time as he had in hand a bond satisfactory to him as to form. mhereunon it was moved, seconded, and unanimously 'TOTED: that the Lexin-ton Rlanni ng Board sign a partial release of covenant for required work referred to in the covenant executed by Emerson Gardens Realty Corporation, Philip Longo, President, dated Sentemb er 21, 1961, and release from said covenant Lots 8, 9, 10, 11 and rart of Lot 17 on the subdivi.si.on plan entitled "Emerson Gardens Section One Lexin-^ton, Mass.", dated Sep- tember 12, 1960, revised September 15, 1961:, from the provisions as to sale and building specified in said covenant and to accept in substitution therefor an agreement, dated September 24, 1962, and a surety company bond securing the same. The Board then executed an instrument en- titled "Partial Release of Covenant," Mr. Legro takin7 Mr. Mabee's acknowledgment of the latter's free will and deed. All the originals of the ' agreement, bond and partial release of covenant were given to Mr. _Legro to hold until a new bond was substituted for the one submitted. 9-24-62 Discussed next with lir. Legro was the LIQUOR Selectmen's letter of September 18 to the Planning ' STORES Board with reference to a possible amendment to the zoning by-law in regard to liquor stores. (See addendum.) Indenend ent of any decision which the Plan- ning Board mi.ght make in regard to the Selectmen's inquiry, Mr. Legro was asked whether or not it would be valid if the zoning by-law nrovided that liquor stores be located in local business dis- tricts subject to permission from the Board of Appeals. Mr. Legro said he would s tud.T the matter. Mr. Snow was asked to send him conies of corres- pondence between the Selectmen and the Planning Board in reference to this nroposai. Attention of the Board was called to a letter, , dated Sentember 243 from the Board of Appeals trans- mitting an an -plication and. plans for a finding and Mr. Snow reported that he had written Mr. MURPHY LAND J. J. Murphy of Arlington a letter offering him FOR `2000.00 for the five -acre parcel situated between RFCRFATIONAL Grove Street and Baskin playground. Pyr. Snow said PUPPOSES that he had received a telephone call from Mr. Murphy in which the latter said that the Planning Board's offer was unacceptable and that he wanted `3000.00 for this parcel. Tn vi.ew of the fact that the parcel had been appraised as having a fair market value of `A2200.00 (see minutes of Planning ' Board meeting; of September 4, 1962), Mr. Legro was asked whether it was advisable from a legal cost standpoint to take the land by eminent domain or to seek a settlement at a higher price than the Plan- ning Board's offer. ,after a discussion of the problems involved, Mr. Snow was authorized to offer Mr. Murphy 4,�2500.00 for the parcel, and to inform him if this was not satisfactory to him that the Board would recommend to the next town meeting that the parcel be taken by eminent domain. Mr. Snow exhibited a plan showing land under- ROSSETTI stood to be owned by Anthony M. Rossetti, compris- LAND FOR in,", about 19.5 acres and situated in Lexington ad- RFCREATTONAL jacent to the ?hiiprle Hill area. As part of the PURPOSES loq--range nlanwof recreation and open spaces for Lexington, Mr. Snow recommended the acquisition of the Rossetti land as an addition to the 4hi-prle Hill area. The Board approved the draft of a letter to Mr. Possetti inquiring; if he wouldd be interested in sellin* hi.s land to the town for recreational purposes. (See addendum.) Attention of the Board was called to a letter, , dated Sentember 243 from the Board of Appeals trans- mitting an an -plication and. plans for a finding and Q -P4-62 -5- determination regarding the Kennecott Copper Cor- BOARD OF noration's proposed Ledgemont laboratory addition. APPEALS ' Mr. Snow was asked to examine these plans and make - a recommendation regarding them for consideration KENNECOTT by the Board. COPPER CORP. Attention of the Board was also called to the proposed sale by i -1r. William H. Lyon of certain lots he owned fronting on Waltham Street and situ- MUNICIPAL ated opposite Vine Brook Road. It was noted that PARKING during the winter of 1962 Mr. Soule had negotiated LOT unsuccessfully to acquire lots 1 and 2 and those portions of lots 3 and 4 located northwesterly of an extension of the rear lot line of Manhattan Builders, Inc, as an addition to and a better en- trance for the 'Jaltham Street municipal parking area. On a marked print of a plan which he had pre- pared and which was dated January 251 1961, Mr. Snow pointed out the boundaries of the parcel it was de- sired to acquire and the existing entrance to the parking area between the properties of said corpora- tion and Anthon17 Bevilaqua it was desired to exchange with Mr. 7;''ron in connection with the acquisition of part of the latter's parcel. Mr. Snow said he under- stood from Mr. Soule that he had given Mr. Lyon a marked copy of the plan. Mr. Grindle was asked to discuss the matter with Mr. Lyon asking about his willingness to sell and how much he wanted for the portion of lane the Planning Boars thought should be acquired. Distributed to the Board was a letter from CAPITAL the Capital Expenditures Committee together with a EXP7,1DITL'RES form to be filled out for the capital expenditures COMMITTEE budget for the period 1963-1967 inclusive. There being no further business to discuss the Planning Board adjourned its meeting at 9:40 p.m. Arthur E. Bry son. , Jr. Clerk 1 9--4-62 Mr. Thomas S. Grindle Town of Lexington, Massachusetts Planning Roard Dear Mr. Grindle: This will acknowledge receipt of wherein you reiterate the opinion withstanding the hardship problem 22 August. September 18, 1962 ,your letter of 11 September of the Planning Boart not - presented in my letter of T_nasmuch as I may be instructed shortly to proceed wits this construction and In view of my stront, desire to avoid the substantial added cost which redesign of the building would force us to incur, I would appreciate an opportunity to meet with the Board along with our Corporate Counsel for a dis- cussion of the legal aspects involved herein. Perhaps It would be desirable from ,your point of view of ,your Town Counsel were also present for such a discussion. I expect to be out of this area next week but could be avail- able any day during the week of the 30th at the convenience of other parties concerned. 1fould you please advise me whether or not such a conference can be arranged? Sincerely, /s/ C. T. Morris OTM:3d Sept . 18, 1902 Dear. Mr. Snow: T'd very much like to have a chan(7e to discuss our new local study item (League of Women Voters) with lou before getting* my committee together and orrani_zing the work. The rat),er too all-inclusive wording of the item is "Land Use - To studir and take appropriate action on the growth problems of LexinE7ton - Included topics, Land zoning, conservation of oven spaces, balance in land use, relationships among governmental agencies concerned, special economic and political problems or' 1^nd. use in a rapidly expandi.nf- suburb." This covers just about everything the League could dream up about Land Use; Plans will have to remain somewhat flexible until T see how many able and willing workers show up to gather information. 1 1 9-24-62 -7- I also roped you might be able to tell me where existing studies of the effects of zoning can be found. T know many articles have been written about what new families cost a town, what new industry does to a town, etc.; but I don't know where these studies are. We very much hope that you'll find our project useful, and that ,you'll give us some of your time and exneri_ence as youv'e so graciously done in the past. Sincerely, /s / Margaret Rawls Sentember 20, 1962 Mrs. John B. Rawls 9 'linthron Road Lexington 73, Yassachusetts Dear Mrs. T'awls : I have read your letter of September 19 and have had copies I did have a meeting; of very able Leaguers who are also Town Meeting members, to see what direction they thought this study could most profitably take. .Some of their suggestions which appealed most to me were 1) A study of open land remaining in Lexington and of possible uses for it, within the larger picture of what we want Lexington to become. 2) A more comprehensive study of a specific area (we chose both sides of Route 2 from Spring St. to 128.- 28,even eventhough much is already C 3) and the effect on the Town's economic and social balance of zoning it for in- dustry, resicence, recreation, or simply keeping it green. 3) A further look into the term (!Master Plan,' what our planners and those of Towns which have adopted one mean by it, and whether there are popular misconceptions about its meaning. Any of these studies would necessitate a survey of our existing zoning and assessing laws, of new experiments in zoning, and of legal limitations on the rower of planning boards. Most of my steering committee will stay with the wtudy in some capacitjr, thous all are too busy to do very much (it includes Ruth Morey, Mildred Marek, Ann Fisher, Lois Brown, Natalir T?i.ffin, and Mrs. Meyer). You can be of infinite ' help to me, who have only lived here two ,years, If you would give some thought to our proposed project and let me know if there is some area where you feel we could do a more valuable study. I also roped you might be able to tell me where existing studies of the effects of zoning can be found. T know many articles have been written about what new families cost a town, what new industry does to a town, etc.; but I don't know where these studies are. We very much hope that you'll find our project useful, and that ,you'll give us some of your time and exneri_ence as youv'e so graciously done in the past. Sincerely, /s / Margaret Rawls Sentember 20, 1962 Mrs. John B. Rawls 9 'linthron Road Lexington 73, Yassachusetts Dear Mrs. T'awls : I have read your letter of September 19 and have had copies 9-24-62 -8- and sent to the Planning Board members for the reason ' that I have been requested by the Planning Board to give my whole time outside of two days administrative work each week to the completion of a comprehensive report. Enclosed herewith is a memorandum, dated June 6, 1962, in regard to this matter. T suggest, therefore, that you get in touch with Mr. Grindle, Chairman of the Planning Board, and dis- cuss with him any questions you may have in regard to the League's land use studies. Sincerely, /s% Samuel P. Snow Planning Director Enc. September 18, 1962 Lexi nrcton Planning " oard Town Office Building; Lexington 73, Massachusetts Gentlemen: Thank you for your letter of September 17 with reference to ' location of liquor stores in the future. Ve would like to know whether or not the Planning Board would consider an amendment to the Zoning By-law which would give rower to the Board of Appeals to grant special permission for the location of liquor stores in local business districts. Very truly ,yours, Is/ Alan G. Adams, Chairman September 25, 1962 Mr. Anthony M. Rossetti, 42 Heath Street _�:verett 49, Mass. Dear Mr. Rossetti: The Lexington '_Tanning hoard would like to discuss with -,ou the r ossi.bility Of the Town acquiring for uublic recrea- tional nurnoses land which it is understood you own in Lex- ' inPton.and which is situated next to the Winchester town line. If ,you are willing to sell this land to Lexinrrton the 9-24-62 -9- Board would like to discuss with you such matters as pur- chase and option prices and dates of exercising the option and delivery of deed. If this apnears agreeable to ,you and a mutual agreement can be made on these matters, the Board is nrenared to recommend to the next annual town meet- ing favorable action for acquisition of 70Ur land and the annronriation of funds therefor. The Board would appreciate receiving a reply from .you at your earliest convenience. If 1rou desire to do so you may telephone the Planning Board office, VO 2-0500, and arrange for an annointment to meet wits the Planning; Board to dis- cuss these matters. The Board holds regular meetings in its office in the Town Office Building every Monday evening. Sincerely yours, Is/ Thomas S. Grindle, Chairman C� i