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HomeMy WebLinkAbout1962-11-05PLANNING BOARD MEETING November 5, 1962 A regular meeting of the Lexington Planning Board was held in its office in the Town Office Building on Monday, November 5, 1962, at 7:35 p.m. Present were Chairman Grindle, members Bryson, Campbell and Mabee, and Planning Director Snow. The Board approved the minutes of its meet- MINUTES ings of October 22 and 29, 1962. It was decided to hold no formal meeting on the holiday, November 12, but to schedule instead a work session on the Board's proposed report on a master plan for Lexington. The Board approved for payment a bill pre- sented by Samuel P. Snow, car allowance for month BILL of October 1962--$20.00. There was then considered the application of John W. Castoldi, Inc. for approval of the Adams ADAMS Estates, See. 3 definitive subdivision plan. ESTATES Exhibited was an executed duplicate original of a SEC. 3 covenant in which John W. Castoldi, Inc. agrees that no lot in the Adams Estates, Section Three subdivi- CASTOLDI sion will be sold or built upon until the ways and services to serve such lot have been constructed and installed, and in which the Suffolk Franklin Savings Bank has subordinated its mortgage to the covenant. It was noted that the Town Counsel held the executed original of the instrument in his file for recording with the subdivision plans at a subsequent date. All matters appearing to be in order, it was moved, seconded, and unanimously VOTED: that the definitive subdivision plan entitled "Adams Estates Section Three Lexington, Mass.", dated December 20, 1961, revised April 30, 1962, accompanied by an application for approval of definitive plan, Form C, dated August 15, 1962s be and hereby is approved. Considered also was the application of Todd BOWSER'S Realty, Inc. for approval of the Bowser's Saddle Club SADDLE CLUB Estates Section 2 definitive subdivision plan. There ESTATES ' was exhibited an executed performance bond in the sum of X30,000 to secure the construction of the work to TODD REALTY, be done in the Bowser's Saddle Club Estates, Section Inc. Two subdivision. 11-5-62 All matters appearing to be in order, it was moved, seconded, and unanimously VOTED: that the definitive subdivision plan en- titled "Bowser's Saddle Club Estates Section Two Lexingtons Mass.'s dated August 15s 1962: accompanied by an application for approval of definitive plan, Form Cs dated September 28s 1962s be and hereby is approved. It was reported that there had been received GREEN VALLEY from the Lexington Supt. of Public Works a letter, SEC. 6 dated October 11, 1962, giving evidence that the work to be done in the Green Valleys Section 6 sub- BUSA division had been completed to his satisfaction. It was reported also that there had now been obtained a grant of utilities in said subdivision from Mr. Antonio Busa, the subdivider. Thereupon it was moved, seconded and unanimously VOTED: to release the performance bonds dated Jan- uary 26, 1961s filed by Antonio Busa, as Principal, and American Fidelity Company, as Surety, in the sum of Six Thousand Five Hundred ( 6,500.00) Pollarss to secure the performance by the subdivider of his agree- ' ment in the form of an application for approval of a definitive plan, Form Cs dated October 31s 1960s to complete the work to be performed by the subdivider as shown on the subdivision plan entitled "Green Valley Sec- tion Six T,exingtons Massa"s and dated Septem- ber 29s 1960. The Board's attention was called to a letters COLONIAL dated October 26s 1962s from the Lexington Supt. of ACRES Public Works to the firm of Maloney, 'Williams and SEC. 3 Baer of Boston with reference to the work to be com- pleted or corrected in the Colonial Acres, Section 3 subdivision. Various items set forth in the letter were duly noted and said letter placed on file. From 8:00 to 8:15 r.m. Mr. Stephen T. Russian, GREEN VALLEY Attorney, met with the Board with reference to Mr. SEC. 7 Antonio Busats definitive subdivision plan entitled "Green Valley, Section Seven." Mr. Russian pre- BUSA sented a written requests dated November 5, for another extension of the time within which the Board must take final action on Mr. Busats application for approval of said definitive plan. Mr. Russian reported that he had been unable to obtain for Mr. Busa from the Arlington Board of 11-5-62 Selectmen rights to cast surface water from drains in the Green Valley Section Seven subdivision onto the land of the Great Meadows. He said it would be necessary to obtain such authority from the Arlington Town Meeting but that in the meantime a letter of in- tent to grant such rights could be obtained from the said Selectmen. He asked if the Planning Board would accept such a letter as fulfilling one of the condi- tions necessary for approval of said subdivision. Mr. Russian said in exchange for the right to cast water upon the Great Meadows the Board of 'Selectmen of Arl- ington were seeking in turn an easement for foot pass- age over the drain easement shown on Lot 25 on the subdivision plan. Mr. Russian was referred to the Town Counsel to whom "'i'.r. Snow had written a letter on September 20, 1962, seeking for the Planning Board advice in this matter. Thereupon it was moved, seconded and unani- mousiy VOTED: that pursuant to the written request of the applicant the time within which the Planning Board must take final action regarding the definitive subdivision plan entitled Green ' Valley Section Seven Lexington, Mass.", dated July 6, 1962s, be and hereby is further ex- tended to and including November 19, 1962. Considered next were drafts of letters to the Winchester Planning Board and the Lexington Board of Selectmen with reference to a proposed relocation of a section of the Lexington -Winchester town line. These drafts were approved and signed by the chair- man of the Planning Board. (See addenda; see also minutes of the Planning Board's meeting of October 29, 1962.) The attention of the Board was called to a letter, 'dated November 2, from Mr. Harold E. Stevens enclosing a conformed copy of an instrument, dated October 30, 1962, wherein Mr. and Mrs. S. Richard Tringale grants to Lexington easements for public travel, and for all other nurnoses for which streets are now or may be commonly used, in a oortion of lot 7 on Winter Street. It was noted that the original of said instrument was recorded on November 2 in the Middlesex South Registry of Deeds as instrument No. 26. ' The attention of the Board was also called to a letter, dated November 1, from Mr. Stevens to the Planning Director stating that on November l there -3- LEXINGTON- WINcHESTER TOWN LINE WINTER STREET 11-5-62 _1L_ had been recorded in said Deeds the Abandonment t BOARD OF executed by Minola M. Black, dated August 6, 1960, APPEALS together with the plan referred to therein, which was recorded as plan No. 1536 of 1962. It was noted BLACK that the recording of said instrument and plan closed the Minola M. Black case which had been acted upon by the Board of Appeals. (See minutes of Planning Board meeting of June 4s 1962.) Mr. Snow reported that on November 1 Mr. and MURPHY LAND Mrs. James J. Murphy of Arlington had come to the FOR office and executed an instrument granting to.the RECREATIONAL town an option to purchase lot 7A fronting on Grove USE Street as an addition to the Baskin Playground. Mr. Snow said that he had given the signed option to the Town Counsel requesting that he have the Board of Selectmen exercise the option at the earliest date. (See minutes of Oct. 22, 1962.) Consideration was next given to a letter, BOARD OF dated November 2, 1962s from the Board of Appeals APPEALS enclosing an application and accompanying prints from the Itek Corporation "for a finding and determina- ITEK tion under Section 5.(f) and 8.(e)l.b.(1) of the Zoning By-law of the Town of Lexitg ton that the pro- posed construction of shoos and office buildings in ' a CM 1 district will constitute a suitable develop- ment and will not result in substantial detriment to the neighborhood." Accomanying the application were two prints; one entitled PtMaster Plan, dated. May 12, 1960, and marked Drawing No. Ml;" the other entitled "Site Plan -Roof Plan & Details,undated but stamped as issued October 251 1962, and marked Drawing No. 0-1. It was noted that accompanying the applica- tion there was no petition for a variance from the yard regulations set forth in Section 8.(e)l.b.(1) of the zoning by-law although the Itek Corporation was seeking a finding and determination under said section. It was pointed out that such a finding and determina- tion could only be made under subsections (f), (h) and (i) of the by-law. It was also noted that there had not been submitted with the application, as had been reuested in the Planning Board's letter of October 17, 1992s supporting evidence that the variance the Itek Corporation was in fact seeking would constitute a suitable development, etc. (See minutes of planning Board meeting of October 15, 1962.) Mr. Campbell was requested to telephone Mr. Morris, Director of Prop- ' erty and Facilities for said corporation, asking him to submit such evidence. 1 1 1 11-5-62 In connection with the completion and the opening to traffic of Worthen Road from Massachu- setts Avenue to Waltham Street, the matter of a fence along the playground side of Worthen,Road was discussed. It was the distinct recollection of the Planning Board members who attended the public hear- ing in regard to the layout of this section of Worthen Road that the Board of Selectmen through its chairman that a fence would be constructed along the road. Observing that such a fence was not erected, notes were dictated from which Mr. Snow was asked to draft for the Planning Boardts consideration at its next meeting a letter to the Board of Selectmen, a copy of which was to be sent to the School Committee, stating the Planning Board's views in regard to such a fence and requesting that an article for funds for said fence's erection be included in the warrant for the next town meeting. The Chairman reported that Mr. Walter S. Pierce of 16 Trotting Norse Drive had requested an opportunity to read the report of the study which Abbott Engineering,; Inc. had made of possible con- nections of Worthen and Emerson Roads to Route 2 in the vicinity of Watertown Street. Mr. Bryson said he would loan his copy of the report to Mr. Pierce. Chairman Grindle also reported that he had received a telephone call from Mr. Charles Kenny of C. Whittier & Bro. requesting a meeting at which he and one of the Roberts brothers wished to discuss further the rezoning proposal presented at the public hearing held by the Planning Board on February 27 and at the 1962 annual town meeting. It was decided that the Chairman should inform Mr. Kenny that the Board did not wish to discuss at this time said proposal be- lieving that it had obtained all the facts necessary in this case but to also inform him that the Board would be pleased to receive from him any additional information for consideration if he had any to pre- sent. Considered next were the notices of petitions to be heard by the Board of Appeals on November 20, 1962. It was decided to take no action in regard to said -petitions with the exception of the one of the Richards Lumber Co. Rather than write a letter to the Board of Appeals it was decided that Mr. Grindle would inform the chairman of the Board of Appeals that the Planning Board felt that there should be no variance from the previous permit which had been granted in this case. WORTHEN ROAD FENCE REZONING PROPOSAL ROBERTS BOARD OF APPEALS RICHARDS LUMBER CO. 11-5-62 There the time the 10:00 P.M. -6- being no further business to transact at Planning Board adjourned its meeting at 4; zmjeur� Q02f Arthur E. Bryson, Jr. Clerk November 5, 1962 Winchester Planning Board 71 Mt. Vernon Street Winchester, Mass. Re: Lexington -Winchester Town Line Gentlemen: At the public hearing the Lexington Planning Board held on September 171 1962 in regard to the "Crestview" defini- tive subdivision plan of Mrs. Gertrude Hr Murphy, this Board discussed with Mr. Oscar E. Merrill, of your Board, a proposal to relocate a section of the Lexington-Wtn- chester town line between bounds L -W-1 and L -W-3. Attached herewith are two prints of an undated preliminary plan "Lexington -Winchester Town Line" showing this proposal. The principal advantage of this proposal is that a new town line would be located between the common property lines of the Sun Valley development in Lexington and the Winchester Estates, Section Four and the "Crestview" subdivisions in Winchester so that Thornberry Road and the lots fronting thereon and the lots on Berkshire Drive would all be in Winchester. Problems relating to zoning, building permits, servicing of lots with utilities, maintenance of streets and utilities, and decisions as to which chouldren should go to which schools, etc. would all be eliminated. A desirable feature of this proposal from Lexington's standpoint is that a rortion of the land which this town would like to acquire as an addition to its so-called "Whipple Hill Recreational Area'f would be located within Lexington. The portion referred to is a triangular parcel, about 7968 square feet, fronting on Johnson Road. (On a separate print, herewith attached, is a more detailed plan showing said triangular parcel Lexington desires to ac- quire.) In order to acquire the parcel, however, this town would not only have to obtain your approval of the proposed acquisition but would have to petition the legis - 1 11-5-62 -7- ' lature for a special act for the reason that most of the triangular parcel is in Winchester. As you know the procedure for relocating a town line is set forth in Chapter 42 of the General Laws as recently amended under Chapter 157, Acts of 1962. With this in mind Lexington's Planning Director discussed the proposed town line relocation with Mr. Robert W. Hunter, Chief of the Survey section of the Massachusetts Dept. of Public Works, before the attached print was prepared. Mr. Hunter gave informal approval of a sketch plan but stated that a preliminary plan as has been prepared should be submitted to him through the Chief Engineer of said department seek- ing written approval or recommended changes. It is under- stood that the purpose of this submission is to obtain in advance an approved final description for incorporation in identical articles for Lexington and Winchester town warrants, and in a Bill to be presented to the legislature. Upon receipt of a favorable reply from Winchester, a letter accompanying a print of the proposed relocation will be sent to the Chief Engineer for consideration by either this Board or the Lexington Board of Selectmen. The Lexington Planning Board is recommending favorable con- sideration of this proposal to the Lexington Board of Selectmen. It will be appreciated if at ,your earliest con- venience you give one of these prints to the Winchester Board of Selectmen, discuss this proposal formally with that Board, and inform this Board of Winchester's response to the proposal. If it seems feasible perhaps a meeting can be arranged at which representatives of each Board are present to discuss the matter. Sincerely, LEXINGTON PLANNING BOARD Isl Thomas S. Grindle, Chairman cc: Lexington Bd. of Selectmen November 6, 1962 Board of Selectmen Town Office Building Lexington 73, Massachusetts Re: Lexington -Winchester Town Line Gentlemen: Attached herewith is a print of an undated preliminary plan 11-5-62 -8- entitled "Lexington Winchester Town Line." This plan was , prepared by the Town of Lexington Engineering Department at the request of the Lexington Planning Board. Marked in red on the print is a proposed relocation of said town line between bounds L -W-1 and L -W-3. More information and further explanation In regard to the proposal is found in this Board's letter, dated November 5, 1962, to the Win- chester Planning Board. A copy of this letter is also attached as well as a small untitled print showing the Mendum land whish is being recommended for acquisition for public recreational purposes and which is presently located in both Lexington and Winchester. The Lexington Planning Board recommends that the section of the town line be relocated as shown following the pro- cedures outlined in the General Laws under Chapter V as recently amended under Chapter 157, Acts of 1962. Sincerely yours, LEXINGTON PUNNTNG BOARD /s/ Thomas S. Grindle,Chairman Fnc : 3 u