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HomeMy WebLinkAbout1963-01-21PLANNING BOARD MEETING ' January 21, 1963 The Lexington Planning Board held a regu- lar meeting in its office in the Town Office Building on Monday, January 21, 1963 at 7:40 p.m. Present were Chairman Grindle, members Campbell, Mabee and Meyer, and Mr. Snow, Planning Director. The Board first reviewed material having to do with a nronosed rezoning of land in the viein- it7 of Spring Street south of Route 2 and the nro- nosed Route 2-9pring Street interchange. The Board then met with the following representatives from the Five Fields residential area to discuss these proposals. Present were: Mr. Ferbert-W. Eisenberg, 470 Concord Avenue: Mr. Allan Careen, 6 Barberry Road; Mr. Robert H. Kingston, 4 Field Road; Mrs. Paul V. Riff_n, 6 Field Road; Mr. Stenhen Waldron, 464 Concord Avenue; Mr.Caleb Warner, 546 Concord Avenue. The group were informed of the Planning Boards meeting with representatives of Spring ' Street property owners and the decision to which the Board came after this meeting in regard to both the rezoning proposal and the interchange. Ex- cerpts from the minutes of the planning Board meet- ing of Januar? 14, 1963 setting forth this decision were read to those present. Mr. Warner asked that a copy of this excerpt be mailed to him for the use of the Five Fields group. This it was agreed to do, a copy of the excerpt to be mailed also to Mr. Francis Gallagher of 151 Spring Street. The group was also informed (1) of the Plan- ning Boardls efforts and those of the Selectmen to obtain a ramp from Snrin g Street directly to the eastbound lane of Route 2 following a general de- sign satisfactory to the residents of the Five Fields area, (2) of the Mass. Dent. of Public 'i!orks decision not to include such a ramp in the nro- nosed Route 2 -Spring Street interchange, and (3) of a planned meeting with. the Chief Engineer of the Department to inform him of the Planning Board's decision to place articles in the warrant for the 1963 annual town meeting for rezoning land in the Snring Street area, to acquire other land for oven space between this street and Five Fields, and in prospect of these decisions to seek again a ramp as described above. SPRING STPM REZONING PROPOSAL PROPOSED RO17TE 2 - SPRING ST. INT ERCEA NGE 1-21-63 -2- Mr. Mabee said he would inform the Five Fields ' association of the result of the meeting with the Chief Engineer. He agreed to present this information at the annual meeting of Five Fields, Inc. to be held in the Franklin School on Friday evening, January 25. The group left the Planning Board meeting at 9:00 P.M. In regard to the first possibility*, Mr. Legro commented that he could not conceive how Mr. Potter could show facts to justify a variance by the Board of Appeals; in regard to the second, Mr. Legro said that zoning of the fifty acres of Mr. potter's land could constitute spot zoning just as well as a smaller area because it was zoning for one individual and only affected one parcel of land. After discussing the third possibility, members of the Board voted unanimously in favor of adding to the zoning by-law golf courses as an accessory resi- dential use subject to permission from the Board of Appeals. Mr. Legro was asked to prepare an amendment ' to Sec. 5 (a) 7.d. by adding at the end thereof the phrase, "and golf courses." He was also asked to From 9:00 to 9:30 p.m. Town Counsel Legro met REZONING with the Board to discuss with it Mr. William L. PROPOSAL Potter's proposal for a golf course to be operated - commercially and to be located on the former Potter GOLF farm on Walnut Street. (See minutes of Planning - Board meeting of December 10, 1962.) POTTER Mr. Legro returned to the Board the copy of the town of Yarmouth zoning by-law and the decision of the Yarmouth Board of Appeals with reference to the construction and operation of a golf course includ- ing a club house in that town. Mr. Legro said that he had reviewed the material but that as Town Counsel he had told Mr. Potter that he would not advise him as to what approach to take in this matter, it being the function of his own counsel to so advise him. The Board then discussed with Mr. Legro three , possibilities by which a golf course such as Mr. Potter proposed might be apAroved in Lexington: (1) by a variance under the zoning by-law; (2) by the creation of a golf course district and the rezoning of Mr. Potter's land for the same; and (3) by amend- ing the zoning by-law so as to allow, by permission from the Board of Arpeals, golf courses in P 1 dis- tricts. In regard to the first possibility*, Mr. Legro commented that he could not conceive how Mr. Potter could show facts to justify a variance by the Board of Appeals; in regard to the second, Mr. Legro said that zoning of the fifty acres of Mr. potter's land could constitute spot zoning just as well as a smaller area because it was zoning for one individual and only affected one parcel of land. After discussing the third possibility, members of the Board voted unanimously in favor of adding to the zoning by-law golf courses as an accessory resi- dential use subject to permission from the Board of Appeals. Mr. Legro was asked to prepare an amendment ' to Sec. 5 (a) 7.d. by adding at the end thereof the phrase, "and golf courses." He was also asked to 1-21.-63 .3- ' nrepare a definition of folf courses using language of the trade for phraseology as we ordinarily think of golf courses and expressly prohibiting so-called "pitch and puttt° and miniature courses as well as driving ranges. From 9:35 to 10:05 P.M. Mr. Mark Moore, Jr. met with the Board to discuss his two proposals for REZONING amendments to the town's zoning by-law. He had peti- PROPOSALS tioned the Selectmen to place articles in the warrant - for the lo( -3 annual town meeting and also petitioned MARK MOORE the Planning Board to hold public hearings in regard to these nroposals. (See minutes of the Planning Board meeting of january 14, 1963.) Mr. Moore said he was seeking the Board's in- formal sunnort of both these proposals. He stated that he had discussed them with property owners in the immediate vicinity and they had indicated approval of both of them. The Board made no statement in re- gard to being in favor of or opposed to the proposed amendments. However, members of the Board did ask Mr. Moore numerous questions in regard to his proposals. From 10:10 to 10:35 P.M. the Planning Board ' met with the Board of Selectmen to discuss a letter, ROUTE 2 dated January 4, which the latter had received from the Chief Engineer, Mass. Dept. of Public Works, in regard to decisions which the Department had made in regard to the locations of ramps for proposed Lexington interchanges for Route 2. (See addendum.) Members of the Planning Board also discussed the decisions which they had made in regard to the De- partment's Route 2 -Spring Street interchange design and related matters as set forth in Mr. Snow's memo- randum of January 21 to the Planning Board. (See addendum; see also the minutes of the Selectmen's meeting of said date.) Upon returning to its own meetings the Board took under consideration the following Form A appli- FORMS A cations for determination of Planning Board juris- diction: #'63-4, submitted January 16, 1963 by Clyde R. Wheelers Agt. for Kingston Homes, Inc.; plan entitled "Plan of Land in Lexington, Mass. Owned by Kingston Homes Inc.", .dated Jan. 15, 1963, Scale: 1" = 401, MacCarthy Engineering Service Inc. ' #63-51 submitted January 18, 1963 by M. Whitman Stephens; plan entitled Plan of 1-�1-63 -4- Land in Lexington -Mass.", Scale: 1" _ 601, dated Jan. 15, 1963s John J. Sullivan, , C.E., Arlington #63-6, submitted January 21, 1963 by Harold E. Stevens for Town of Lexington; plan en- titled "Plan Showing; Drain Easement Land Court Case No. 6962 in Lexington, Mass.", Scale: 1" = 40', dated Feb. 6, 1961, Miller & Nylander, C.E.'s & Surveyors. x#63-7, submitted January 21, 1963 by Lee E. Tarboxi plan entitled "Flan of Land in Lexington, Mass.", Scale: 1"'= 201, dated Jan. 15, 1963, Miller & Ny_lander,-C.E.'s & Surveyors. Upon motion duly made and seconded, it was unanimously VOTED: that the Lexington Planning Board determines that the plans accompanrving Form A applica- tions #63-4, #63-51 #63-6 and 163-7 do not require approval under the Subdivision Con- trol Law, and that said plans be so endorsed. Read to the Board was Mr. John J. Carroll's , VINE BROOK letter of December 12, 1962s stating that the re- MEAD019S quired work in the Vine Brook Meadows, Section One SEC. 1 subdivision had been completed to his satisfaction - with the exception of general clean-up, including VINE BROOK loaming and seeding of the shoulders of the roads. REALTY In his letter he suggested that this remaining work TRUST be secured by a bond in the amount of $1,000.00. There was then exhibited Town Counsel Legro's letter of January 17, (see addendum) as well as an executed agreement and certified check with reference to the said subdivision. All matters appearing to be in order, unon motion dull made and seconded, it was unanimously VOTED: that the Lexington Planning Board release all the lots shown on the subdivision plan en- titled "V'ne Brook Meadows Section One Lex- ington, Mass.", dated May 14, 19581 from the provisions as to sale and building specified in the covenant executed by Torsten H. Reen- stierna, Trustee of the Vine Brook Realty Trust, on April 16, 19592 in return for an agree- ment, dated January 7, 1963, to complete the work in said subdivision and a certified check to secure the performance of said agree- ' ment. 1-21-63 The Board then executed the "Release of Covenant" which was given to the Chairman so that he could acknowledge before Mr. Legro the instru- ment to be his free act and deed and that of the Planning; Board, said executed instrument to be mailed to Mr.Alfred P. Tropeano, attorney for the subdivider, for recording. Further attention was given to the Select- men's letter of January 3 in regard to the recei.rt of articles to be inserted in the warrant for the 1963 annual town meeting. (See minutes of the Planning Board meeting of January 142 1963.) The Board approved the draft of a letter setting forth articles in addition to those listed in the Plan- ning Board's letter of Janvarq 14 to the Board of Selectmen. (See addendum.) The attention of the Board was called to the Selectmen's letter of January 14 to the Plan- ning Board statin¢ that after due consideration all the articles for zoning changes were taken from the list of articles to be inserted in the warrant for the sbeci_al town meeting to be held on January 28, and further stating that these articles for amendments to the zoning; by-law would be included in the warrant for the annual town meeting. Mr. Snow said that he had sent a copy of the Selectmen's letter to Mr. John Christoforo, attorney for Countryside, Inc., which wished to zone a pl-,rcel of this cornorati_on's land as an addition to the local business district located at the southerly quadrant of the Lowell -Woburn Street intersection. (See minutes of Planning Board meet- ing of November 26, 1962.) The attention of the Board was also called to Town Counsel Legro's letter of January 11 to the Board of Selectmen indicating that he had now com- pleted the acquisition by the town of lot 8A, Grove Street, Lexington from James J. and Bertha J. Murphy pursuant to the authorization by vote under Article a0 of the warrant for the 1962 annual town meeting. It was noted that this land was acquired as an addition to the Baskin playground. (See addendum; see also minutes of Planning Bonrd meet- ing of December 3, 1062.) ARTICLES FOR 1963 ANNUAL TOWN MEET IN G REZONING PROPOSAL COUNTRYSIDE MURPHY LAND FOR RECREATIONAL PT?RPOSES Mr. Alfred P. Troneano's letter of January 4 and the Board of Selectmen's reply of January 15 was WORTHEN ' referred to the Planning Board. The Board approved ROAD a draft of a letter to the Board of Selectmen with reference to Mr. Troneano's su-gestion for an exten- 1-21-63 -6- sion of Worthen Road. (See addendum.) 1 Distributed to members of the Board were ROiTTE 2 copies of a letter, dated January 14, 1963s from Jack P. Ricciardi, Commissioner of the State Dept. STATE of Public Works, wit'-. reference to the access to HIGHWAY and egress from state and federal highways. A POLICY copy of this letter was placed on file for future reference. The Board next considered items to be in- AnTUAL sluded in the Planning Board's 1962 annual report. REPORT Mr. Grindle said re would draft, with Mr. Snow's assistance, a preliminary report for considera- tion by the Board. The meeting was adjourned at 11:20 p.m. Thomas 'S. Grindle, Chairman I January 4, 1963 Board of Selectmen Town Offices Lexington 73, Mass. Gentlemen: In your letters of October 1R, 1962 and December 18, 19622 certain modifications to the proposed in4-erchange at Spring Street and Waltham Street were requested. The results of the Department's consideration of these re- quests could not be presented previously since, as you , know, confirmation rw7st also be obtained from the Bureau 1-21-b3 I of Public Roads. -7- The Department will agree to construct an off - ramp in the southwest quadrant at Waltham Street, al- though it is felt that this needlessly creates an additional Point of conflict on Waltham Street. An additional ramp will be Provided in the southwest quadrant at Pleasant Street, similar in design to the one In the northwest quadrant and Pro- vidi.ng for return movements to it. Actually this will remove more vehicles from Concord Avenue than the one at Waltham Street. The on-ramp in the southeast quadrant could not be Provided inasmuch as it causes hazards on Route 2 from successive ramns too closely spaced, nor will the Bureau of Public Roads annrove this in con- junction with the one in the southwest quadrant at Waltham Street. It is not clear why this request has not been reheated since the above Points were brought out at Previous meetings. It is further agreed that the northerl-y front ' age road can be located abutting the Poute 2 location linea The Department feels that the design set back about 4001 offered better alignment, superior traffic and land service, and agrees to this change only at the insistence of Town. Since the economics of a design must also be considered, not only of construction but also of the large land takings involved.. since all movements are provided for and considering the proximity of the Interchange on Route 21 it is felt that the current design represents a better resolution of these Prob- lems than previous plans, which were not intended to be definitive. Tt should be noted that the Preparation of construction Plans for this project are not being Processed and the renartment must now Proceed with a definite design. I trust tris answers the Points raised In lour letters. VF`ry truly yours, I /s/ E. J. McCarthir Chief Engineer 1-21-63 Memorandum for the Lexington Planning Board 9:11 January 21, 1963 ' Reference is made to the proposed Route 2 -Spring Street interchange as shown on the preliminary plan for relocation of Route 2 from Route 128 to a point midway between Pleasant and Watertown streets as shown on print furnished to the Board of Selectmen and the planning Board on October Ks 1 962 by the Massachusetts Department of Public Works. You will recap that in considering this -proposed interchange design and related matters, the Doard made three decisions: (1) to place an article in the warrant for the 1963 Annual Town Meeting_ to see if the Town will rezone for something other than residential use all the land between the Waltham city lines Route 128, Route 2 and a line easterly of the proposed relocation of Spring Street to provide rows of five -acre lots fronting on tris street; (2) to , place another article on the warrant to see if the Town will acquire for-ublic recreation and open space purposes an area of hillsides fields and swamp between Spring Street and the Five Fields residential area; and (3) to seek a favorable decision from the Mass. Dept. of Public Works for a ramp from Sprld g Street directly onto Route 2 in the southeasterly quadrant or this interchange thereby eliminating Concord Avenue as part of the interchange. In making; the first decision it is understood teat the Board is in no way committed to recommend passage of the rezoning article but by so _including the article in the warrant the Board would be in a position to recommend favorable action should a solution satisfac- tory to the Board be found to the combined over-all problem of zonings oven land acquisition and inter- change design. Such a solution to the interchange phase of this problem is attached herewith for vour review. This is the nronosal which the Board ds - cussed at its last meeting and found to be acceptable. The proposal includes the request of the Planning Board and Board of Selectmen to the Mass. Dept. of Public Works for an on-ramp at the southeasterly quad- rant of the Spring Street -Route 2 interchange. For 1-21-63 comparative purposes the solution is superimposed upon the Department's design for this interchange. The scheme which the two Boards would like to have accepted has the following features to recommend It: 1. It incornorates the same standards found In the DeDartmentts designs for other Route 2 inter- changes i7 Lexi.nnton - location of Spring Street off - ramp from eastbound lane, distances between one and off ramps, and radii of the ranns themselves. 2. It gives existing and potential volumes of traffic from the commercial -industrial complex in Waltham direct access to the eastbound ramp of Route 2 without having to use Concord Avenue, crossing traffic at tie Waltham Street -Concord Avenue intersection in turning northerly onto Wal- tham Street, and then using the easterly ramp at the proposed Route 2 -Waltham Street interchange to get onto Route 2 - a total distance of a-onroxi.mately 7100 feet. (As you well realize residences are located all along both sides of Concord Avenue. It serves as a residential collector for the Lexington ' area south of Route 2 and should not be used as an access road for traffic bound to and from a commer- cial -Industrial complex.) 3. The on-ramp goes around the Juniper hill- side Dreserving this natural feature in the proposed recreation and open space area and leaving the hill- side to act as a visual barrier between the on-ramp and. the Five Fields residential area, (The Concord Avenue connector proposed by the Department of pub - lie Works goes through the hillside completely de- stroving it and decreasing the value of the adjacent residential nronerties,) 4. The scheme removes the off -ramp from the Route 2 eastbound lane eliminating the use of Con- cord Avenue as a *horoughfa"e and as a short cut to Waltham. (The proposed off -ramp at the Route 2-. '4altham Street interchange will serve eastbound traffic desiring to go to either T,exinFrton and ','al- tham centers or the Five Fields residential area.) Samuel P. Snow I Planning Director Y ,: 1-21-63 Samuel T. Snow, planning Director Lexington Planning Board Town Office Building Lexington 73 Massachusetts Pe: Vine Brook Meadows Section One Dear Sam: -10- January 17, 1963 Pursuant to your letter dated December 18, 1962, T enclose the following instruments in refer- ence to the above subdivision: 1. The executed original and one conformed copy of an Agreement dated January 7, 1963 whereby the trustee of The Vine Brook Realty Trust agrees to complete the installation and construction of the ways and services to serve the lots in the above subdivision, and to comolete the same by July 1, 1963. 2. A certified check of The Vine Brook Realty Trust dated January L, 1963 on the Lexington Trust Company and navable to the mown of Lexington i_n the amount of A1,000.C1,0 to secure the above agreement. 3. The original and one copy of an instrument entitled "Release of Covenant" which T believe the Planning Board is now in a nosition to execute, re- leasing the lots in the above subdivision from the covenant of said trustee dated April 16, 1959 and recorded on October 20, 1959 in Middlesex South Dis- trict Deeds, Book 948, Page 339. When the release has been executed by the Planning Board, please conform the cony and return the original to me for forwarding to Mr. Tropeano for recording. Very truly yours, Isl Donald E. Legro DELA Fne. 5 1 1 1-21-63 -11- January 21, 1963 ' Board of Selectmen `Down Office Building; T,exington 73, n?assachusetts Ae: Art-icles For '!arrant Gentlemen: Tn addition to articles for acceptance of subdivision streets listed in the planning Boards letter of January 1.4 to you, It is requested that articles for the follow- ing matters be placed on the warrant for the 1963 annual town meeting: 1. Rezoning of land in the Spring Street area southerly of Route 2. 2. Acquisition of recreation and open space land between Five Fields, Concord Avenues Spring Street and Waltham city line. 3. Rezoning of additional land at Countrvside. 4. Lexington -Winchester town line change. ' K, Creation of separate garden apartment and hotel dis- tricts. (At least two articles would be reau4red.) 6. Acouisition of recreational land in the '4hipple Hill area. 7. Renaming of `.^Tinter Street from Grove Street south- westerly to the nronosed dead end located southwesterly of Rang eway. 8. Renaming of Sky View Road to Winter Street. Sincerely yours, LEKTTTGTON PLAT YTNG BOARD /s/ Thomas S. Grindle, Chairman January 11, 1963 Miss Hazel J. Murrair, Txecuti.ve Clerk Board of Selectmen "''own Office Building_; ' Lexingto-, 73, Yassachusetts Re: Lot 8A Grove Street Dear Miss Murray: 1-21-63 I have not completed the Lot 8A Grove Street, Lexin7ton, Bertha J. Murphy pursuant to the under Article 40 of the `Tarrant Meeting;. -la acquisition by the Town of from James J. Murphy and autrorization by vote for the 1952 Annual Town The Town obtained an option for the land from James J. Murphy et ux and pursuant thereto made a taking by emi- nent domain by order adopted by the Board of Selectmen on December 10, 1962 and recorded in Middlesex South District Registry of Deeds on December 11, 1962, Book 101813 Page 318. This afternoon I recorded as instrument No. 219 a confirmatory deed and release of damages from the above taking and also from a taking; of sewer easement dated Octo- ber 16, 19611 recorded in said Deeds, Book 9910, Page 585, and a taking of sewer easement dated October 10, 1961s re- corded in said Deeds, Book 9922, Page 517, executed by James J. Murnhy and Bertha J. Murphy, and I have sent to them the Town's check for the agreed consideration of $2,500.00. The taxes for 1962 have been paid by the sellers, and) as the deed was dated and delivered on January 2, 1963, no adjustment was made for 1963 taxes. I am enclosng; an executed duplicate of agreement dated November 1, 1962, a conformed order of taking; adopted December 10, 1962, an copy of the exercise of option dated November a conformed cony of the confirmato.ry deed and January 2j, 196 3 . Sincerelv yours, /sl Donald E. Legro DELA Enclosures as above cc: Supt, of Public :forks (with cor-T of deed) Planninv Board (with cons* of deed) Board of Selectmen Town Office Building Lexington 73, Mass. pe: Troneano - 'pTorthen Road Gentlemen: the option copy of the executed 19, 1062, and release dated January 211 1963 The Planning Board has received conies of Mr. Tropeano's n 1 G 1-21-63 -1.3- letter of January 4 to the Board of Selectmen and your reply of January 15. This Board thanks Mr. Tropeano for his suggestion for an extension of Worthen Road. The recommendation is thought to have considerable merit. It is one which the Planning Board has included in its study plans for some time. No detailed location or construction studies have been made of the extension for the reason that other matters have been considered more urgent. Sincereln, LFXTA?07,T0 F PLANA? NG BOARD Is/ Thomas S. Grindle, Chairman 1 1