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HomeMy WebLinkAbout1962-11-19PLANNING BOARD MEETING ' November 19, 1962 The Lexington Planning Board held a regular meeting in its office, Town Office Building, on Monday, November 19, 1962 at 7:40 P.M. Present were Chairman Grindle, Members Bryson, Campbell and Mabee. The Board approved the minutes of its meeting of November 5, 1962. The Board confirmed the action of the Plan- ning Director in approving for navment since the last meeting of the Board the following bills: Ex- change Bibliographies, subscription --$8.00; Urban Land Institute, ?research Monograph --`2.00; A.S.P.O., book, Site Planning -47.00. The Board also confirmed the action of three members of the Board in endorsing on November 12, 1962, the definitive subdivision plan entitled "Crestview at Winchester, Mass ", dated August 18, 1962, Considered next were the following releases of bonds in regard to the Battle Green Village, Sec. 3, M9.ddle Ridge, Sec. 5 and Bowser's Saddle Club Estates, Sec. l subdivisions. It was re- ported that in each case the required work in these subdivisions had been completed to the satisfaction of the Superintendent of public ?dorks, that grants of utilities had been obtained in the subdivisions.. and that all other matters appeared to be in order, whereupon it was moved, seconded, and unanimously VOTED: to release the performance bond, dated June 1, 1959, filed by Leeland Construction Co., Inc., as Principal, and American Surety Com- pany of New York, as Surety, in the sum of Eighty -Five Thousand Dollars--($85,OOO.00)-- to secure the performance by the subdivider of his agreement in the form of an applica- tion for approval of a definitive plan, Form C, dated March 2, 1959, to complete the work to be performed by the subdivider as shown on the subdivision plan entitled "Battle Green Village Section Three Lexington, Mass.", and dated March 21 1959. ' VOTED: to release the performance bond, dated Decem- ber 301 1960, filed by Turning Mill Asso- _ 0-M ?!: BILLS CRESTVIEW MURPHY RELF4SE OF BONDS BATTLE GREEN VILLAGE, SEC. 3 LEEL&ND CONSTRUCTION CO. 11-19-62 -2- elates, Inc., as Principal, and New Amster- ' MIDDLE RIDGE dam Casualty Co., as Surety, in the sum of SEC. 5 Eight Thousand Dollars --(M 000.00) --to secure the performance by the subdivider of TURNING MILL its agreement in the form of an application ASSOCIATES for approval of a definitive plan, Form C, dated October 11, 1960) to complete the work to be performed by the subdivider as shown on the subdivision plan entitled "Middle Ridge Section Five Lexington, Mass.", and dated August 31, 1960. VOTED: to release the performance bond, dated Jan- BOWSER'S uary 293 1962, filed by Todd Realty, Inc., SADDLE CLUB as 'Principal, and Continental Casualty Co., ESTATES as Surety, in the sum of Seventy Thousand Dollars-- ($70,000.00) --to secure the perform - TODD REALTY ance by the subdivider of its agreement in the form of an application for approval of a definitive plan, Form C, dated December 1, 1961, to complete the work to be performed by the subdivider as shown on the subdivision -olan entitled "Bowser's Saddle Club Estates Section One Lexington, Mass.", and dated September 28, 1961. The Town Counsel's letter of November 8 to ' ERICKSON the Planning Director was reviewed by the Board. The letter confirmed several discussions in rela- tion to the request made by Mr. Robert V. Erickson to John J. Carroll, Superintendent of Public Works, for permission to construct, at his own expense, sewer and water mains in Grandview Avenue from Welch Road to Lot 1051 and Mr. Carroll's specific question to the Planning Board whether "this case falls under the 1956 Amendment to the Subdivision Control Law which would necessitate that this road be constructed under the Subdivision Control Law." (See addendum.), Attention was also called to a letter from STREET the Selectmen acknowledging the Planning Board's ACCEPTANCES letter of October 15 to them in regard to streets recommended for acceptance under the betterment act for the 1963 annual town meeting. It was noted that the Selectmen would include Dunham Street in the list of streets to be accepted and include Kendall Road in the list to be considered in the 1963 budget but that the Board did not feel that there was any particular urgency at the present time In accepting other streets which the Planning Board had listed in its letter. (See Planning Board min- ' utes of October lti, 1962.) Considered next and approved by the Board was 11-19-62 -3- the draft of a letter to the Selectmen requesting WORTHEN ' that funds for a fence along the easterly side line ROAD FENCE of Worthen Road be included in the 1963 budget. (See addendum.) Also considered by the Board were the notices of petitions to be heard by the Board of BOARD OF Appeals on December 4. It was decided to take no APPEALS action in regard to said petitions. Attention was called to the Selectmen's letter of November 6 to the Planning Board asking CHAMBER OF for its opinion of a letter, dated October 19, COMMERCE from the Lexington Chamber of Commerce relative to the latter's concern that the Town was playing a MINUTE MAN relatively minor role in the development of plans NATIONAL for the Minute Man National Historic Park, and to HISTORIC the reply, dated November 13, which Mr. Snow wrote. PARK In his letter to the Selectmen Mr. Snow expressed the opinion that the reading of the Boston National Historic Sites Commission's publication, entitled "The Lexington -Concord Battle Road," dated June 16, 1958: would eliminate much of the misunderstanding which, after reading its letter, appeared to him to exist within the Chamber. It was noted that in his ' letter Mr. Snow suggested that the Chamber obtain copies of the publication by the U.S. Dept.of Com- merce, "Your Community Can Profit From the Tourist Business," with the idea of using the material set forth in the booklet to help the town improve its economic status through a tourist development pro- gram. A letter, dated November 19, was read from Mr. Stephen T. Russian, attorney for Antonio Busa, GREEN VALLEY requesting an extension of time within which the SEC. 7 Board must act on Mr. Busa's application for - approval of the Green Valley, Section 7 definitive BUSA subdivision plan. Upon motion duly made, and seconded, it was unanimously VOTED: that pursuant to the written request from the applicant the time of approval of the definitive subdivision plan entitled "Green Valley Section Seven Lexington, Mass.", dated July 6, 1962s be and hereby is further extended to and including December 10, 1962. The inquiry of Mr. John Christoforo, attorney, ZONING of November 16 and the Planning Director's reply of PROPOSAL ' November 19 was read to the Board, the correspond- ence having to do with the placing of an article in COUNTRYSIDE the warrant for the next town meeting relative to a 11-19-62 -1�- change of zoning in connection with a portion of the Currier property known as Countryside, Inc. In his ' reply Mr. Snow stated that he understood the Lexing- ton School Committee had requested a special town meeting to be held some time the latter part of January for the nurpose of acting upon a proposal to approve final plans for an addi_t,on to the High School, and confirming the agreement that the Plan- ning Board would so place the article in the warrant. Also read was the Selectmen's letter of CENTER November 13 to the Planning Board in regard to the PLAYGROUND Recreation Committee's letter of June ltd to the Selectmen recommending certain recreational facil- ities for the Center Playground. Before ren_lging to the Selectmen's letter it was decided to request the Planning Director to discuss at the next Plan- ning Board meeting his previous studies for facil- ities for this playground. Mr. Henry E. Keenan's letter of November 5 MUNICIPAL to the Planning Director was read in regard to the PARKING LOT former's appraisal of properties which might be in- volved -in a relocation of Waltham Street entrances to a municipal parking lot. Accompanying the letter were three copies of Mr. Keenan's report of ' his appraisal. Particularly noted was that state- ment in Mr. Keenan's letter that he hoped his re- port would be read as a whole rather than taking one part of it w ithout the proper consideration of re- locating the parking lot in the manner which the Plann'Ing Director had outlined as being in the best interest of the town. In response to Mr.Camnbell's telephone call BOARD OF to Mr. Morris of the Itek Corporation the Planning APPEALS Board received a letter, dated November 8, from Mr. _ Morris accompanied by a set of prints of prelimi- ITEK nary drawings of the build'ng the Corporation pr1- posed to construct on Maguire Road. It was noted that this material was a duplication of that which the Planning Board had already received from the Board of Appeals with reference to the Corporation's application for a finding and determination. It was also noted that no supporting evidence as re- quested in the Planning Board's letter of October 17 had been received. Since November 26 was the last regular Planning Board meeting at which the Board might act on the Board of Appeals letter of transmittal with reference to said applications. members of the Planning Board decided to take a view of the proposed location of the building on Sunday=, November 25, at 12:30 n.m. 11-19-62 -5- ' Mr. 74illiam Potter met with the Board briefly to discuss a proposal to have added to the zoning by-law an amendment wherein commercial golf .courses would be allowed as a use in a one -family dwelling district (see minutes of Planning Board meeting of August 21, 1061.) Since Mr. Potter had no specific recommendation to make as to how an amend- ment might be worded, it was decided to ask Town' Counsel Legro's opinion as to the best way of amend- ing the by-law should the proposal be given favorable consideration, 1 11 ZONING CHANGE A letter, dated November 173 1962, was re- ceived from Mr. Igendell H. Locke, one of the owners of the land the Board was recommending the town ac- quire as an addition to the so-called 'Whipple Hill recreational area. In response to his comment re- garding lane values, it was decided to write Mr. Locke that the Planning Board had been informed by the Board of Assessors that the professional appraisal firm in the revaluing of property in Lexington had set values of land at 100% of their fair market value. It was also decided to inform Mr. Locke that the Board had offered him what they were informed was the fair value of the Lncke acres in Lexington, namely 17,650.00. (See addendum.) The meeting adjourned at 10:00 p.m. Arthur E. Bryson, Jr. Clerk ADDENDUM November 8, 1962 Samuel P. Snow, Planning Director Town Office Building Lexington 73, .Massachusetts Dear Mr. :Snow: Re: Grandview Avenue, Lexington LAND FOR RECREATIONAL USE LOCKE This is to confirm our several discussions in relation to the request made by Mr. Robert V. Erickson to John J. Carroll, Superintendent of Public Works, for permission to construct, at his own expense, sewer and water mains in Grandview Avenue from Welch Road to Lot 105, and Mr. Carroll's specific question to the Planning Board whether "this case falls under the 1956 Amendment to the Subdivi- 11-19-62 -6- Sion Control Law which would necessitate that this road be ' constructed under the Subdivision Control Law." Even if it be assumed in favor of Mr. Erickson that there is to be no division of land into two or more lots so as to constitute a subdivision as defined in the law, and that the land is not subject to the requirements of the sub- division control law.with respect to laying out ways and constructing municipal services in ways, it does not appear to me that Mr. Erickson has shown that the land which he proposes to serve by construction of the sewer and water mains is on a street as defined by the Zoning By -Law of the Town of Lexington so as to entitle him to a building permit or hermits to build on such land. The Zoning By -Law requires certain frontages on a "street," and defines a "street" as a "public way, or a private way legally open or dedicated to public use or approved by the Planning Board." I think it is clear that the land does not have frontage on any way approved by the Planning Board, and, at the time of our recent view of the land, "Grandview Avenue," at least from its junction with Welch Road to lots 107 and 108 on which there exists a dwelling apparently known as and numbered 39 Grandview Avenue, contained no evidence of even a footpath and was impassable by motor vehicle because of the terrain and , growth of trees. The remaining portion to Estabrook Road, as it exists on the ground, is in the nature of a private access to number 39 and very rough and wide enough for only one vehicle. It is obvious that Grandview Avenue is not a way legally open or dedicated to public use. Under these circumstances, while the layout and con- struction of the ways and services are administrative matters, the practical problem could be resolved, in har- mony with the intent and -purposes of zoning and subdivision control, by agreement with the applicant under substantially the same rules and nrocedur es for construction of ways and services as in formal subdivisions. Very truly ,yours, DEL/b /s/ Donald E. Legro cc: Donald K. Irwin, Building Inspector John J. Carroll, Supt. of Public Works ♦. !. * -n X i4 K 1 November 19, 1962 Board of Selectmen ' Town Office Building Lexington 731 Mass. Re: Worthen Road Fence Gentlemen: With the virtual completion of the Worthen Road project from Massachusetts Avenue to Waltham Street and the open- ing of this road to traffic, the Planning Board is deep- ly concerned with the lack of a fence along the easterly sideline of the road. It is the distinct recollection of the Planning Board members who attended the public hearing in regard to the layout of this section of Worthen Road that the Board of Selectmen through its chairman stated that a fence would be constructed along the entire length of the road. Since onl~T a short length of fence from Massachusetts Avenue to the swimming pool.parking lot Is shown on the construction plans and is included In the present contract for the road, it is requested that there be included somewhere in the 1963 budget funds for the extension of this fence along the playground high school field house. LEXINGTON PLAN7TNG BOARD /s/ Thomas S. Grindle, Chairman cc: Recreation and School Committees November 19, 1962 ' Mr. Wendell W. Locke 78 Ridge Street Winchester, Mass. Pear Mr. Locke: Such a fence is considered absolutely essential in the over-all use of the center playground. Except for neces- ' sary service gates and, openings for pedestrians the fence should be continuous to help prevent accidents such as might arise if someone ran across the road from the play- ground in pursuit of a ball, or if a ball of low trajec- tory struck a person or vehicle, or in other situations. The idea of a fence and appropriate screen planting for background and other purposes was considered to be an in- tegral part of the proposed general development plan for a central school and recreation area prepared by the plan- ning staff during the summer of 1960 and was so presented at various occasions to citizens and town agencies alike prior to the public hearing on the layout of Worthen Road. Sincerely, LEXINGTON PLAN7TNG BOARD /s/ Thomas S. Grindle, Chairman cc: Recreation and School Committees November 19, 1962 ' Mr. Wendell W. Locke 78 Ridge Street Winchester, Mass. Pear Mr. Locke: 11-19-62 M Thank you for your letter of November 17. ' The Town does not own any lots adjacent to the Locke acres In Lexington although it does own some acreage on top and In the vicinity of so-called Whipple Hill. Acting for the town the Board is attempting to obtain options to consol- idate most of the land, including the Locke acres and the land between this and town -owned nroperty, into one large tract for general recreational purposes. In regard to the value of the land, the Planning Board has been informed by the Board of Assessors that the pro- fessional appraisal firm in the revaluing of property in Lexington has set values of land at 100% of their far market value. In fairness to all concerned the Board has offered Tou what it understands to be the fair market value, namely 7,650.00, for your Lexington land. Sincerely, LEXTNGTON PLANNIT'G BOARD Isl Thomas S. Grindle, Chairman 11 1