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HomeMy WebLinkAbout1963-04-15PLAhTNTING BOARD MEETING ' April 151 1963 The Lexington Planning Board held a regular meeting in its office in the Town Office Building on Monday, April 151 1963 at 7:35 p.m. Present were Chairman Mabee, members Campbell, Greeley, and Meyers and Mr.Snow,Planning Director. The Board approved the minutes of its meet- ing of April 8, 1963. Considered next were the following Form A applications for determination of Planning Board jurisdiction: 1163-25 (See minutes of April , 1963 #63-26 f?Planning Board meeting for #63 -27 listings.) MINUTES FORMS A GREEN VALLEY SEC. 8 BUSA Upon motions duly made and seconded it was ' unanimously VOTED: that the Lexington Planning Board determines that the plan accompanying application ,#63-25 does require annroval under the Subdivision Control Law. VOTFL: that the Lexington Planning Board determines that the olans accompanying applications #63- 26 and #63-27 do not require approval under the Subdi.vi.sion Control Law, and that said plans be so endorsed. Mr. Snow reported that he had discussed with Mr. Carroll, Lexington's Sunt, of P,blic Works and the Town Counsel the matter of a drain crossing the Metronolitan District Commission sewer easement as shown on the Green Valley Section Eight definitive subdivision plan concerning ubich the Planning; Board held a public hearing on April S. Mr. Snow reported that the Town Counsel had ruled that it was neces- sary for the subdivider to obtain from the M.D.C. an easement to locate a drain across the Commission's sewer easement as shown on Sheet 3 0£ the subdivision plan. Thereupon, the draft of a letter to Mr. Antonio Busa, the subdivider, was presented to the Planning Board. for its consideration. The letter was aonroved and signed by the Chairman. (See addendum.) MINUTES FORMS A GREEN VALLEY SEC. 8 BUSA 4-15-C3 -2- The next matter considered by the Board was that , of the possible sale to various individuals of four different parcels of town -owned lots concerning which the Selectmen sought Planning Board recommendations. Mr. Snow said, however, that after he had made this recommendation he had reviewed the assessor's records and had come to the conclusion that the town did not own lot 101 and that there was some question if the town had a clear title to lot 100, but that these ' matters cam3 under the jurisdiction of the Board of Selectmen. The second parcel consisted of lots 59 and 60, Ivan Street situated on the accepted portion of Ivan Street. Mr. Snow reported that in this case also he had recommended informally to the Board of Selectmen that lots 59 and 60 be sold subject, for a period of ninety-nine -Years, to the restriction that said lots be combined together to form one lot and that not more than one dwelling, together with the common customary buildings, shall be erected or placed on the combined lot. Mr. Snow said that placing such a restriction on this sale would be in conformity to the size and frontage of most of the remaining lots fronting on that section of Ivan Street northwesterly of Eldred Street. The Planning Board also agreed with this recommendation. The third parcel consisted of lots 22 to 29, Marvin Street inclusive, on Marvin 'Street, all of which is a so- called "paper -street." Exhibited to the Board was a Iodice letter, dated March 26, 1963, from Francis X. Morse, attorney for Mr.Alfred Todice, who was interested in acquiring said lots and who was willing to purchase , the same with the stipulations that they not be built upon, and that then be added to Mr. Iodice' present The first of these parcels consisted of lots 92 TOWN OWNED to 101, inclusive, situated on the "paper -street" sec - LOTS tion of Grandview Avenue. It was reported that Mr, and _ Mrs. Gunther K. E. Kleeberg of 46 Eastern Avenue wished Kleeberg to purchase these lots. Mr. Snow said that he had _ viewed the conditions on the ground and had observed Grandview rock outcropping where Grandview Avenue was supnosed to Ave. be eventuallv constructed beyond Estabrook Road. He said because of the unfeasibility of constructing this section of Grandview Avenue he had recommended inform- ally to the Selectmen that said lots be sold subjects for a period of ninety-nine years, to the restriction that they be added to and combined with the lot num- bered 46 Eastern Avenue to form one residential lot. The Planning Board agreed with this recommendation. Mr. Snow said, however, that after he had made this recommendation he had reviewed the assessor's records and had come to the conclusion that the town did not own lot 101 and that there was some question if the town had a clear title to lot 100, but that these ' matters cam3 under the jurisdiction of the Board of Selectmen. The second parcel consisted of lots 59 and 60, Ivan Street situated on the accepted portion of Ivan Street. Mr. Snow reported that in this case also he had recommended informally to the Board of Selectmen that lots 59 and 60 be sold subject, for a period of ninety-nine -Years, to the restriction that said lots be combined together to form one lot and that not more than one dwelling, together with the common customary buildings, shall be erected or placed on the combined lot. Mr. Snow said that placing such a restriction on this sale would be in conformity to the size and frontage of most of the remaining lots fronting on that section of Ivan Street northwesterly of Eldred Street. The Planning Board also agreed with this recommendation. The third parcel consisted of lots 22 to 29, Marvin Street inclusive, on Marvin 'Street, all of which is a so- called "paper -street." Exhibited to the Board was a Iodice letter, dated March 26, 1963, from Francis X. Morse, attorney for Mr.Alfred Todice, who was interested in acquiring said lots and who was willing to purchase , the same with the stipulations that they not be built upon, and that then be added to Mr. Iodice' present 4-1t-63 .3 - house lot. The Planning Board recommended the sale of such lots with these restrictions and authorized Mr. Snow to write a letter to the Board of Selectmen set- ting forth the Planning Boardts recommendation in regard to their sale. (See addendum.) The fourth parcel consisted of lot 60 on the so-called raper street section of Winter Street. Tn Winter Street a letter, dated March 19, 1963, to the Board of Select- men, Mr. Everett L. Cram, Jr., owner of »ronerty adja- cent to lot 60, made a token offer to nurchase this lot After discussing the possibilities of lot 60 being a consideration in the settlement of the Harry M. Sulli- van case with reference to the laying out of a portion of Winter Street, Mr. Snow was authorized to write a letter to the Board of Selectmen recommending c reum- stances under which lot 60 might be sold. (See adden- dum.) At 8:00 p.m, the Board held a rublic hearing relative to the application of Girrac Realty Trust for MINUTE MAN approval of a definitive subdivision rlan entitled HIGH -LANDS "Minute Man High. -Lands Section Four Lexington, Mass.t", SEC. 4 dated February 27, 1063. Twelve persons attended the - hearing including 't?r. Wilbur C. N71ander who had -ore- GIRRAC ' pared the Man and Messrs. James A. and Robert W. REALTY Carrig who renresented the Girrac Realty Trust, own- TRUST ers of the nronerty to be subdivided. The Chairman opened the hearing by reading the notice of the same as it had been sent to all proo- arty owners deemed to be affected and as it had been published in the March 28, 1963 issue of the Lexington Minute -man. He then explained the procedure to be followeT7n conducting the hearing and called upon Mr. Robert W. Carrig; to present the subdivision plan. Mr. Carrig said that the rlan being submitted for annroval was the' same as was submitted on March 13, 1062 but which was modified by the Planning Board nrinci.pally by widening Worthen Road to seventy feet. He also said that what the Trust was seeking was a modification of the subdvision plan as endorsed by the Board July 24, 1962. Mr. Carrig pointed out that the modification being sought consisted of a reduction of Worthen Road to fi.ftp feet in width, changes in street connections necessitated by the change in the width of Worthen Road, an additional lateral sewer in Worthen Road, and a change in the size of the box cul- vert under Barrett Road. Mr. Carrig explained further that he had not ta-15—r,' been able to come to a77y satisfactory agreement with ' Lexington officials as to how much the Town would be willing to nay for the cost of constructing the addi- tional twenty feet of width for t-forthen Road. He said further that the town did not have money to bay for the extra construction. It was pointed out to Mr. Carrig that at the 1963 annual town meeting Lexington had appropriated funds for reimbursing subdividers for part of the cost of constructing ways or installing -muni- cipal services of greater width or size than would be required to serve the subdivision alone. (See Chapter 570 of the Acts of 1962.) Members of the Board asked Mr. Carrigr about the -plans and -profiles of certain streets missing from the tet of -plans he had submitted for approval. He said that except for the lot layout elan anything missing or not shown on this -plan was on the nrevi.ous Minute Man High -Lands Section Four elan which had been en- dorsed by the Board. In answer to further inquiries from the Board Mr. Carrig pointed out on the prints of the Trustts latest subdivision plan specific changes he was seeking from those already approved. Several questions in regard to lot sizes were asked by some of the persons attending the hearing. Mr. Carrig stated that all lots on the plan conformed to the frontage and area required by the Lexington Zoning By-law. The Chairman read into the record two letters, both dated April 11, 1963, one from the Board of Health approving the subdivision -plan under certain conditions and the second from Mr. Carroll, Tiexin7,ton Supt. of Public Works, making certain comments about the plan and expressing the oninion that the elan should not be approved. (See addenda.) The hearing was adjourned at 8:25 n.m. Mrs. John T. Harvell, Mr.. Eric T. Clarke and Mr. SUMKARY Leslie H. York, members of the Executive Committee of REPORT the Lexington Town Meeting Members Association, met with the Board to discuss clans for holding a series T.M.M.A. of meetings to discuss the Planning Board's Summary Report published in March. (See minutes of the Plan- ning Board meeting of April 1, 1963.) It was decided that May 2 and 9 would be satisfactory dates for the Association to hold informational meetings with a third meeting to be held later if necessary. At 8:30 P.M. the Board held a_public hearing relative to the application of William I. Burnham for 1-15-63 ' the approval of a plan showing the subdivision of his land, the plan being entitled 'Burnham Farms Section Six Lexington, Mass.", dated Januar? 28, 1963. Thir- teen persons attended the hearing, including Mr. Burn- ham and Mr. Mark Moore, Jr. who proposed to develop the land_. The Chairman read the notice of the. hearing as It had been sent to all owners deemed to be affected and as it had been advertised in the March 28, 1963 issue of the Lexink-ton Minute -man. He then exnlai;ned the procedure in conducting the hearing and ca_lied upon Mr. Moore to present the plan. Mr. Moore stated the proposed subdivision con- sisted of a proposed road about 580 feet long having a permanent turnaround. He pointed out that eight lots would front on this dead end street. He said that Mr. Burnham would continue to reside in his resi- dence located on Lot 2 of the plan. Mr. Moore stated., however, that all other buildings on the property be - Ing subdivided would be removed. Read into the record were three letters to the Planning: Board. The first, dated March 28, was from ' Mr.,Carroll, Lexington Supt, of Public Works, anprov- ing the plan with certain exceptions. The second letter, dated April 1T, was from the Board of Health, approving the plan. The third letter, dated April 12, was from Mr. Frank T. Samuel of 6 Burnham Road express- ing his objections to the development of the Burnham property. (See addenda.) Mrs. George W. Mayo, Jr. of 3 Emerson 'Road and Mrs. Charles R. Skinner of 10 Burnham Road both spoke of surface water running into their back yards. They said they thought the d evelopment of the Burnham land would increase this problem. Mr. Moore pointed out on the subdivision plan the approximate location of houses to be built on lots 5 and 6 stating that it was not his intention of disturbing existing conditions on the rear of these lots and thereby increasing any existing sur- face water runoff. A number of questions which were not relevant to the action the Board must take on the plan were asked of Mr. Moore. These were referred directly to him. The hearing was declared closed at 9:00 n.m. and the subdivision plan taken under advisement. ' From 9:15 to 10:05 p.m. Messrs Brooks Dodge, Michael G. Damone and Daniel G. Tdheeler of Cabot, Cabot Me BURTM, M` FARMS SEC. 6 BURNHAM TODD REALTY 4-15-63 MT and Forbes Co. met with the Board with reference to the ' proposed construction of an office building on land portions of which are owned by both C.C. & F. and the Raytheon Company. Mr. Wheeler reviewed four schemes C. C. & F. had ROUTE 2 = nroposed in an effort to have representatives of the SPRING ST. State Dept, of Public Works change their design for INTFRCHANGE the northeasterly quadrant of the nronosed Spring Street -Route 2 interchange. At the conclusion of this review Mr. Wheeler said that both companies proposed to submit plans to the Board during the latter part of the week, the plans showing two lots - one which it was proposed to sell to Countryside, Inc, for the erection of a building; to be leased by the Burroughs. Corporation, the second which would show the remaining land owned by C. C. & F. in the northeasterly quadrant of said inter- change. Mr. Wheeler asked the cooperation of the Plan- ning Board in notifying the Department of the filing of the plans with the Board in the hope that the Department would come to a decision in regard to the taking of land for this quadrant of the interchange. Yr. Snow said he would mail prints of the plans to the Dena rtment upon their being filed with the Board. (See addendum.) The Board adjourned its meeting* at 10.20 p.m. , Joseph A. Campbell Clerk ADDENDA' Mr. Antonio Busa April 15, 1963 4 Lillian Road Lexington 73, Mass. Dear Mr. Busa: Reference is made to the definitive subdivision plan entitled 'Green Valley Section Eight Lexington, Mass.", dated January 7, 1963• Before the Planning Board is in a position to approve this subdivision plan It will be necessary for you to obtain from the Metropolitan District Commission sewer , easement from the end of Albemarle Avenue easterly to 4-15-63 ' a brook, as shown on Sheet 3 of your subdivision plan. In obtaining this easement from the M.D.C. it should be in such a form that you in, turn can convey this drain easement to the Town of Lexington. Yours very truly, /s/ Irving H. Mabee, Chairman Anril 18, 1063 Board of Selectmen Town Office Building Lexington 73, class. Re: Tax Title Lot - ?°Tinter Street Gentlemen: -7- Reference is made to tour request for the Planninm Board+s recommendation in regard to the sale of Lot 60 situated on Winter Street and to the letter, dated March 19, 19632 in which Mr. Everett L. Cram, Jr. makes an offer to purchase this lot, At its meeting on April 15 the Planning Board discussed this matter and authorized me to write a letter recommending circumstances under which Lot 60 might be sold. It is suaCested that instead of selling Lot 60 to Mr. Cram the lot be retained by the Town at least temnorari.ly, until a settlement is reached with Mr. Harry M. Sullivan in re- gard to the taking the Town made of a portion of his lot #9 in connection with the laying out of a permanent turnaround for hinter Street. As a consideration in this settlement Mr. Sullivan may be willing to accept title to Lot 60 In order to proceed with the various steps necessary to add a nortion of the "paper street" section of Minter Street to lots he owns on this street and Skvview Road. Tn conferring with Mr. Sullivan (as well as other property owners on Winter Street) in regard to a suggested layout for the extension of this street westerly of Rangeway, I pointed out to hi.m the steps mentioned above. I also showed him a sketch similar to the one made on the prints attached show- Ing- him how each nortion of Winter Street might be added to adjoining lots. It was in this connection that I understood Mr. Sullivan agreed to grant to the Town the right and ease- ment to use the nortion of his Lot #9 within the proposed turnaround for the purpose of public travel, etc. As you know, h Ever, he chanced his mind later and dial not execute ' the instrument which Mr. Stevens nrepared and sent to him last December. (See Mr. Mabee's letter of October 15, 1962 )i-17-63 to .you in regard to the acceptance of a portion of Winter Street westerly of Ran7eway,) If there is any way you feel I may be of assistance in settling the Sullivan case, I shall be most pleased to do SO. Sincerelv, /s/ Samuel P. Snow Enc. Planning Director Board of Selectmen Town Office Building Lexington 73, Mass. Re: Tax Title Lots -Marvin Street Gentlemen: M April 18, 1963 Reference is made to your request for the planning Board's recommendation in regard to the sale of Lots 22 to 29, in- clusive, situated on Marvin Street and to the letter, dated March 26, 1963, in which Mr, Francis X. Morse, attorney, informs you of Mr. Alfred Iodi.ce's interest in acquiring these lots. At Its meeting on April 15 the Planning Board discussed this matter, recommended the sale of these lots under certain conditions, and authorized me to write a letter to ,you concerning the same. These lots are shown on a plan entitled "Plan of Park Heights No. !i Lexington, Mass." Property of W, S. Griswold, dated July 25, 1921, pre -oared by '.?obert E. Bellemy, C.E., and re- corded in Middlesex South District Registry of Deeds on Novem- ber 14, 1929 in Book 51117, page End. The particular lots in question are shown on Assessors' Map 88 in the following way-. Lots 22 and 23 are shown as parcel 644 lots 211 and 25 as parcel 63, lots 26 and 28 as parcel 62, and lot 29 as parcel 61. According to the Board of Assessors' records lot 29 was not found to be owned by the Town but by Clayton S. Peabody of Cambridge. Mr. Iodice and Mr. Morse discussed with me the sale of these lots and conditions under which Mr. Iodice would be willing to acquire them. Since he desires to use these lots only as an addition to his property and as pasture land, it is recom- mended that lots 22 to 28, inclusive, be sold subiect,for a -period of 99 years, to the restriction that these lots, and such' part of Marvin Street in which the Town has the fee, be combined together with the Iodice lot, numbered 65 Winter 1 1 4-15-63 -9- Street, to form one lot and that no more than one dwelling, together with customary accessory buildings, shall be erected or placed upon the combined lot. Such a restriction would eliminate the lots and the portion of the paper street Involved from being used in the future for house lots. This would be a desirable result since most -of the land involved may be described as low and, at times, wet. Mr. Iodice indicated that if the Town sold him these lots he would try also to acquire adjoining lots, privately owned and situated northerly of those owned by the Town, as_a further addition to his holdings. If he is successful in acquiring this additional property, perhaps he might be willing to com- bine it with the lots the town may sell hi.m. In so doing he would be eliminating some additional land from residential development allowing at the most for the development of the remaining portion of Marvin Street as a short dead-end street. P.ttached herewith Is an assembled set of prints of Assessors' maps 88 and 90 indicating how these proposals might be accom- plished. Sincerely, /s% Samuel 0. Snow ' rnc. Planning Director ADril 11, 1963 Planning Board Town Office Building Lexington 73, Mass. pe: "Modification of Plan Approved May 161 1962s Minute Man vs Tr,_A— Gentlemen: The Lexington Board of Health approves the definitive sub- division plan entitled "Modification of Plan Approved May 16, 1962s Minute Man Highlands, Section Four," and dated February 27, 19633 subject to the condition that no build- ing or structure shall be built or placed upon Lots 159-165 inclusive, 174-186 inclusive, 197-213 inclusive, 222, 227, and 228 inclusive without consent by the Le-InFton Roard of Fealth that the structural foundation and finished grades on each of these Lots will not be detrimental to the public health by reason of inadequate or improper drainage of sub- surface and surface waters. Yours truly, PLM/j /s/ P. L. McQuillan, Chairman 4-15-63 -10- April 11, 1963 Planning Board ' Town Office Building Lexington 73, Mass. Pe: Minute Man Highlands.. Section Four Gentlemen: Reference is made to the Minute Man Highlands, Section Four subdivision, plan entitled "Minute Man Highlands, Section Four, Lexington Mass., Scale 1" s 40,1, dated February 27, 1963, containing 8 sheets. T rave the following comments to make regarding this defini- tive plan. 1) The layout plans, including orofi.les, of Dudley Road, Barrett Road and Moreland Avenue, a»e not Included. 2) 2) On Worthen Road the proposed 24" sewer main to be installed by the Town has �-ot been shown. Instead an B" main is shown. 3) On Pleasant Street the existing 24" trunk sewer is shown as a 12" sewer. ' 4) The existing 12" water main and pronosed tapping sleeve and gate on Pleasant Street are not shown on the plan. 5) Water main gate valves are not shown on all branches at all intersections. They must be included. 6) The upper end of the box culvert must be set at elevation 195.50. The culvert must be enlarged to 13' x V. 7) No sidewalks are shown on the plan. These must be in - eluded on at least one side of each street. it is my opinion that this subdivision should not be approved by the Planning Board due to the fact that a great deal of pertinent information in regard to streets and utilities was not included in the plans. Verg tr»ly yours, /s/ John J. Carroll Supt. of Public Works & Town Engineer JJC/c e d I have received the notice of the hearing on April 15, 1963 4-15-63 _11 - 8 Burnham March 28, 1963 Planning Board ' Town Office Building Lexin'Tton 732 Mass. April 12, Re: Burnham Farms, Section Six Gentlemen: Reference is made to the subdivision nlan entitled "Burnham Farms, Section Si.x, Lexin0ton, Massachusetts," dated January 28, 1963. 1) Acceptance Is given to the locations and grades of exist- ing streets. There are no existing water mains, sewer mains or storm dra'_ns within this subdivision. 2) Approval is given to the -proposed location, sizes and grades of streets, easements, water mains, sewer mains and storm drains with. the following exceptions: a. The plans should show an "amended date." b. The class of sewer pipe should be shown. c. Manholes with services entering to have shaped inverts. d. The 1% leveling area must be from the exterior street line of Fast Street. ' 3? No approval is given for an7 deviations from the design and work requirements found in the "Rules and Regulations Gov- erning the Subdivision of Land in Lexington, Massachusetts." 4) The estimate of cost for performing, the various items of work is $22,500. Very truly ,yours, /s/ John J. Carroll Supt. of Public Works RLH/ads 9. Town 7ngineer I have received the notice of the hearing on April 15, 1963 8 Burnham Road Lexington, Mass. April 12, 1963 Mr. Irving Mabee, Chairman Lexington Planning Board Town Office Building Lexington, Massachusetts Dear Mr. Mabee: I have received the notice of the hearing on April 15, 1963 4-15-63 -12- cerning the re -zoning of the Burnham Property for develop- ' ment purposes as proposed by Mark Moore, Inc. I would like to voice my objection to this In two partsl There is considerable discussion among various town agen- cies that Lexington needs more so called "green areas.` I am in full accord with this theory because I think that in some cases in the past, the torn has been somewhat hasty in doing away with,areas of this type. The particular land In question is, for a considerable part, made up of what would be termed woodland and in the summer is rather attrac- tive and fairly abundant with the various forms of wild life such as pheasants, rabbits, and birds. Furthermore, it is an area where the children of the surrounding neighbor- hood can at least see some of the doings of nature. To do away with this area and nut it into a housing development, even though I am sure that Mr.. Moore intends to build houses of appropriate design, would be depriving the neighborhood, if not the town, of an attractive "green area." The second reason I object to the development of this area is purely on the grounds that it completely takes away from my pronerty and the nrorerty of others on the street the pri- vacy which we have had in our bac? yards. This privacy was ' one of the selling features pointed out to us when the house was sold to us.dhether or not it was known to others that Mr. Moore had an option for the land in question is unknown to me. Very truly yours, /s/ Frank T. Samuel April 18, 1963 E. J. McCarthy, Chief Engineer Department of Public Works 100 Nashua Street Attn: Walter T. Hue Boston 14, Mass. Highway Design Engineer Dear Mr. McCarthy: For your information there is being exclosed herewith two prints of plans filed with the Lexington Planning* Board this afternoon, the plans not thought by the applicants to re- quire approval under the Subdivision Control Law for the reason that each lot shown on the plans has the amount of frontage required by the Lexington Zoning By -Law on a public way, namely, Spring Street. Since the plans do not consti- tute subdivisions thev will be endorsed b7 the Board at its 4-15-63 -13- meetings either on April 22 or on April 29. The plan entitled "Plan of Land in Lexington, Mass., dated April 17, 1963 was submitted by P. Tetzlaff, Jr. for the Raytheon Company. The plan entitled "Plan of Land in Lex- ington, Mass.", dated Feb. 7, 1962, revised April 17, 19631 was submitted by John J. Hammond, as trustee but not individ- uaily, for the Snri_ng Street Trust. Enc : 2 C 1 Sincerely, /s% Samuel?. Snow Planning Director