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HomeMy WebLinkAbout1963-04-29PLANNING BOARD MP777MG April 29, 1963 MINUTE MAN HIGH -LANDS SEC. 4 GTRRAC REALTY TRUST CARRIG The Lexington Planning Board held a regular meeting in its office in the Town Office Building on Monday, April 29, 1063 at 7:45 n. m. Present were Chairman Mabee, members Campbell, Greeley, and Meyer, and Mr. Snow, Planning Director. From 7:45 to 8:hO n.m. Town Counsel Legro met with the Board at its request to discuss the anpli.cation of Girrac Realty Trust for annroval of the definitive subdivision plan entitled "Min- ute Man High -Lands Section Four Lexincrton, Mass.", dated February 27, 1963 (see minutes of Planning Board meeting of April 15, 1963.) There was first reviewed what the Board understood to be the trust's position in regard to seeking a modifica- tion of the subdivision elan bearing the same name, dated April 21, 1961, revised May 16, 1962, and en- dorsed by the Board July 21, 1962. The Board then reviewed its position in regard to the new defini- tive plan, dated Tebruary 27, 1963. ' It was determined that the new plan could not be treated as a modification of the older subdivi- sion plan for the reason that the Land Court did not have a registered subdivision to modify. It was pointed out that even if such a registered plan existed, it was not clear in a number of instances on the new nlan lust what or what not was proposed for modification. Tn addition, the question was raised as to who was sunrosed to construct the access from Pleasant Street across Commonwealth of Massachusetts land to the beginning of Worthen goad. In discussing the deficiency of the plan itself as ortlined In a letter from Lexi.ngton's Superintendent of Public `forks, it was particularly noted that plans and profiles of three streets, as shown on the lot layout plan, were missing. Mr. Le7ro also noted that the Board dial not have in Its possession a regis- terable covenant, that is, a covenant corresponding to the flan dated February 27, 1963. Tt was decided that Mr. Carris- be notified that the Board nronosed to treat the plan of 'February 27 as a separate and new plan and that, as such, the plan is incomplete, Mr. Mabee was requested to so inform Mr. Carrig, askin,r, him if he wished to extend the time within which the Board must act on the Trust's application, to enable him to mal.ce a complete MINUTE MAN HIGH -LANDS SEC. 4 GTRRAC REALTY TRUST CARRIG i!-29-63 -2- Later on during the meeting the Board discussed Mr. Canald's offer decid.in that -the parcels under consideration were not worth the nrice ","r. Capaldi placed on them. Mr, Snow was asked to inform Mr. Canaldi that the Board did not wish to recommend the acquisition of tr ese parcels at the nrice offered. set of plans and to discuss the su'division plan with SPRING STRFT'P- ' the Board. ROT)TF 2 From 8:40 to 8:50 p.m. Mr, Frank T. Capaldi, LAND FOR represFnting the Colonial Develonment Corporation, RECREATIONAL met with the Board in regard to the possibility of PURPOSES the Town acquiring for public recreational purposes - the former Bromna nronerty and a contiguous parcel BATES ROAD of land, Parcel 19 on Assessors' Man 67, fronting on - Bates Road (see minutes of Plannin7 Board meeting; of CAPALDI Anril 22, 1963). Mr, Caraldi reiterated the conver- sation he and his father, ('Tennaro, had had with ','r. Snow during the nast two weeks in rega-(' to nossibil- ities of the Plannirg Board recommending the rezoning of these parcels .for either apartment or light manu- facturing use, He was informed by the Board that it recommended that this and other land from Wood Street to Route 128 between Ha-twell and Massachusetts Ave- nues be retained as a light density residential area. Unon being; so told he offered to sell these parcels, now owned by the Colonial Develonment Cornoration, to the Town for the nrice the Colonial Develonment Corp, paid for them, na,-ely, x'35,000 for the 9.2 -acre rarcel formerly owned. by Brogna, and 15,000 for the narcel former17 owned by the T^cLaughlin Realty Trust. Fe. also offered to exchange this land for some town -owned ' lots of equal value, The Board took the matter under advisement) informing; "Jr, Capald'_T: that it would notify him of its decision in regard to the offer. Later on during the meeting the Board discussed Mr. Canald's offer decid.in that -the parcels under consideration were not worth the nrice ","r. Capaldi placed on them. Mr, Snow was asked to inform Mr. Canaldi that the Board did not wish to recommend the acquisition of tr ese parcels at the nrice offered. Messrs. Alan B. ?-lode and Caleb Tdarner of 524 SPRING STRFT'P- and 56 Concord Avenue, respectively, and other renre- ROT)TF 2 sentatives of the Five Fields resi.dent'al area, net I7T7RC7ANGI' with the Board from 8:50 to 9:05 p,m, to discuss the _ design of the southeasterly quadrant or t?^e proposed FiVE FIELDS Snri.ng; Street -Route 2 interchange, Tt was stated that Mr, 'lade had come to the Planning Board office during the previous week to obtain information on the latest developments of the Route 2 proposals affecting; the Concord Avenue residential area and had, at that time, become aware for the first time of the scheme which it was understood both Lexin7tcn and the Vass. Dent, of Public ?,Torks officials had aPreed upon for the scheme for said quadrant, ' Mr. Wade said that the resi.dents of the area 4-20-63 ' off -ramp be obtained from Sorinn Street to Route 2; (2) that any connections between Sprinr4 Street and Route 2 or Concord Avenue rro around end not through the juni_ner hill located easterly of Spring street; and (3) that this hill and adjacent land between Snring Street and the Five Fields residential area be preserved as a buffer of recreati_onQl land and open space. Mr. Wade inquired if the Planninr? Board had made any decision in regard to the rezoning of the Spring Street area. He was told that the Planning? Board's position was the same as it had been in nre- senting the oron_osal to the Town on March 132 1963. (See minutes of Planning Board Nearing veld on said date. ) Mr. ',Jade was aiso informed that the Board had not seen any definitive plans of the ramp scheme Just discussed and that, until it did see what de- tails of the solution would be, the Board would not come to any final decision on the Springy Street re- zoning nr000sal.. Mr. -ray, 7xecutive Assistant to the Select- men, came to the meeting! briefly to state that the Selectmen had scheduled a special meeting at 10:00 a.m. on Thursdav, May 21 in the Selectmen's office ' to meet with representatives of the State Denartment of Public ':.'orks to discuss the consultant's proposals for the relocation of loute 3. All members of the Plan- -3- Snr,ng Street Rezoning Proposal ROUTE 3 did not believe t? --is was a satisfactory solution to ' the traffic problem through the area. He exhibited two sketches, one of the schemes that it was under- stood the Lexi.ngtnn officials had originally re- quested and which was satisfactory to the residents of the Concord Avenue area, and the second of the scheme it was understood was finally decided unon. Yr. Wade said that the 'roup he represented was of the opinion that from a time standroint it was too late to seek a be -ter solution to the exchange prob- lem than that decided upon, and incuired if the Planning Board believed this was so. 'rt was pointed out to Mr.',dade and the others present that the scheme as fi nall7r arrreed upon b.r the Board of Selectmen and the Planninrr Board (see min- utes of February L�., 1Q63) was not the scheme Lexington officials wor.10 have lilfed to have obtained but was the only one to which Mass. Dept, of Public Works ren- res�ntatives would agree. Tt was especially noted that the solution, however unsatisfactory to Lexinrrtor, did fulfill the P lannin7 Board's three criteria before it would consider favorably anv rezoninrr change in the Springy; Street area. These criteria were: (1) that an ' off -ramp be obtained from Sorinn Street to Route 2; (2) that any connections between Sprinr4 Street and Route 2 or Concord Avenue rro around end not through the juni_ner hill located easterly of Spring street; and (3) that this hill and adjacent land between Snring Street and the Five Fields residential area be preserved as a buffer of recreati_onQl land and open space. Mr. Wade inquired if the Planninr? Board had made any decision in regard to the rezoning of the Spring Street area. He was told that the Planning? Board's position was the same as it had been in nre- senting the oron_osal to the Town on March 132 1963. (See minutes of Planning Board Nearing veld on said date. ) Mr. ',Jade was aiso informed that the Board had not seen any definitive plans of the ramp scheme Just discussed and that, until it did see what de- tails of the solution would be, the Board would not come to any final decision on the Springy Street re- zoning nr000sal.. Mr. -ray, 7xecutive Assistant to the Select- men, came to the meeting! briefly to state that the Selectmen had scheduled a special meeting at 10:00 a.m. on Thursdav, May 21 in the Selectmen's office ' to meet with representatives of the State Denartment of Public ':.'orks to discuss the consultant's proposals for the relocation of loute 3. All members of the Plan- -3- Snr,ng Street Rezoning Proposal ROUTE 3 4-24-63 -4- ning Board who could do so were requested to be present. After a brief recess the Board met from 9:15 , LONG-RKNGE to 10:55 n.m. with all members of the Capital Fatpen- FINAYCIAL ditures Committee and Mr. Robert H, Kingston, PLAN representing the Appropriations Committee, to discuss the Planning Board's proposal, set forth in Phase I of its published Summary Report, that, in cooperation with said committee, a study of a long-range financial plan for the town be undertaken by a -professional con- sultant. In reply to the inquiry from the chairman of the Annronriations Committee as to why the Planning Ioard had made such a nronosal, it was stated that the Board had recommended a physical plan for the community but did not know what the cost implications were in carrying out such a plan, both in terms of the cost of development and the cost of operating ex- penses. Members of the Board called attention to the Board's premise that the town should continue to be a residential community with recreational land and onen space as recommended, and the ultimate zoning for commerce and light industry as proposed, in the Board's Summary Renort. Members of the Board sug- gested that the question now was, if the town develops in the direction recommended, what will be the result ' from a financial standpoint. The members also said that if the Board's premise is not correct, it would like to be in a position to know the financial impli- cations of various alternate n_remises which should be offered. It was n articularly noted that present in- formation available was not a sufficient basis for making a judgment on the Board's present proposals. In discussing the preparation of a long-range financial plan it was stated that it could be under- taken in three ways: 1. By a citizen committee which could utilize (a) local unpaid talent to gather data and make studies, and (b) employ a coordinator for the work; 2. By a professional consultant who would gl ve the study and conclusions prestige; and 3. By a Planning Board staff man especially trained to make economic studies. At the conclusion of the discussion it was ' agreed to create an informal sub -committee composed of the chairmen of the two committees and the plan- 4-29-63 -5- ' nine; Board to study the Board's nronosal for the preparation of a long-range financial elan, and also to stud7r the best wags and means of preparing such a plan. Mr. Kingston said that the .npropriation Com- mittee was scheduled to meet in about two weeks after additional appointments had been made to it, and nt that time it would reorganize. He said that after this was done the chairmen of the P3_anning Board and the Capital Fxpenditures Committee would. be notified as to who was elected Chairman of the Arpronriatlons Committee. The Planning Board next approved the minutes MMTTE:S of its meetings of April 15 and 22, 1963. The Board approved for payment a bill for -'•11.93 from the-1allace B. Mitchell Co.ffor blue BILL print paper. Considered next were the following Form A applications for determination of Planning Board FORMS A jurisdiction: #63-31, submitted April 2Q, 1963 by Joseph F. and Christine 0. Jones; plan entitled "sA Com -oiled Plan of Land in Lexington, Mass.", Scale 1 40 Dated April 2L, 1063, Miller R.. NT71ander, C.F.'s & Svrve?rors. 463-32, submitted April 29, 1963 by Mrs. Peter J. Wallis; -plan entitled "Plan of Land in Lexi-f^ton,Mass.", scale: 1" = !}Os, dated August 250 1962, Miller R- 71ylander, C.E.'s P• 3urve7ors. 163-33.t submitted Anril 29, 1963 by S. Arthur neterson, Inc.; plan entitled "Plan of Lnnd in Lexington, Mass.'s, 1" = bOs, dated Feb. 16, 1963, Miller Ac Nylancer, C.F.'s & 3urve7rors. Unon motions dul-%r made and seconded, it was unanimously VOTED: tr.at the Lexington Planning Board determines thst the *dans accompan71ng applications ,6'? -31 and ff63-33 do not require anproval under the Subdivision Control Law, and that said plans be so endorsed. VOTED- that the Lexington Planning Poard determines that the elan accompanyin¢ application r"63-32 )�-2c- 3 N M1 does not require annroval under the Subdivi- sion Control. Law, and that said plan be so en- dorsed with the additional notation "Parcel B to be added to and combined with lot of peter J. and :Anna T-Tallis to ma'<:e one building lot, Mr. Snow called the Board's attention to his BURI+THAM letter of April 26 and the Town Counsel's reply of FARMS April 27 in regard to the application for approval SBC. 6 of the Burnham Farms, >ection 6, subdivision plan. (See addenda.) He said he had shown these letters TODD REALTY to 7'1r. Moore of Todd Realty, Inc. and that "r. Moore TYC, had decided to acquire title to the land being sub- divided prior to the time the Board must act on the subdivision plan. The Board next considered the notices of BOARD OF hearinns to be held on netitions to be heard on April APPEALS 30, 19'3. It was decided to take no action on the peti_tlons to be heard. It was decided, however, to call to the attention of the Board of Appeals the possible relocation of `•Talth.am Street in the vicinity of the parcel numbered 753 'laltham Street concerning which Mr. 'hardy was seeking a variance with the thought in mind that the Board of Appeals might want , to take this nossi.bility into consideration at the time It heard. said petition. The attention of the Board was called to a PELHAM letter, dated April 23, 1 963, from the Board of ROAD Selectmen with reference to straightening; out Pelham Doad at Massachusetts Avenue and extending; Pelham Road to Bennington Road. From notes dictated by the Board T`Tr, Snow was asked to prepare for the Board's consideration at its next meeting, comments and recom- mendations concerning* these nroposals. The Board adjourned its meeting at 11:15 p.m. Joseph A. Campbell, Clerk ADDENDUM April 26, 1963 Mr. Donald E. Legro Town Counsel of Lexington 1842 Massachusetts avenue Lexington 73, Massachusetts 1 r l -20-63 Re: Burnham Farms, Section 6. Dear Mr. Legro: Attached herewith is a copy of 14r. William T. Burnham's annlicnt ion, dated A?arch 11�, 1063, for arnroval of the Burnham Farms, Section 6, definitive subdivision plan. I understand that there is being heid in escrow by "5r. Burnham's attorney,Francis 'I.K.Smith, a deed in which "r. Burnham has conveyed to Mark Moore, Jr. of Todd. Realty, Inc., certain portions of this land being sub- divided and that Mr. Moore wishes to record this deed after the above-named definitive plan has been recorded in the Regstry of Deeds. It is my understanding also teat '17r. Moore is nlann,.nrr to submit to the Board before the time it must act on this amputation a bond securing the required work to be performed in said subdivision whereas it is Mr. Burnham ct o in the application has arrreed to construct and install all improvements within the nronosed subdivision. It would appear to me that the way the rresent situation may be resolved satisfactorily is by the following nro- cedure: 1. That "r. Burnham enter into a covenant wherein in consideration of the Planning Board approving said subdivision that Mr. Burnham covenant that the ways and services to serve any lot in the subdivision shall be installed and constructed before any lot may be built upon or conveyed other than by mortga?e deed; 2. Th^t the Board annrove the plan subject to the nro- visions of such a covenant to be recorded withthe plan; 3. That upon receipt of the above grant tre subdivision plan ; 4. That upon receipt be endorsed by the has expired; 5. That Mark Moore or went assuming the Burnham, securing -7- of tYe above grant the subdivision plan Board but not before the anneal neriod Todd Realty, Inc. enter into an agree - obligations of the ar-olicant, 7r. said agreement with a bond; 6. That upon recei_nt of the above agreement the Board re- lease the lots in the subdivision from the rrov,stons of the covenant; 4-20-63 7. That the -)lan and the following instruments all be re- corded at one time in the pegistry of Deeds in the fol- lowing order: plan, covenant, and release. What do you think of this procedure? T know of no simpler way of taking care of this problem and certainly would welcome any suggestions you have in regard to the matter. Sincerely, /s/ Samuel P. Snow Enc Planning Director Samuel P. Snow, Planning Director April 27, 1863 Town Office Building Lexin7ton 73, Massachusetts Re: Burnham Farms, Section 6 Dear Sam: This is it reply to your inquiry by letter of April 26 relative to nrocedure for aparoval of the above subdivision. -8- Tf Mark Moore does not take title until after approval or takes title to only a part of the subdivision, or both, T think the _procedure outlined in your letter is the minimum required. Tn addition, a "rant of easements and a grant of utilities, if any are installed before the conveyance, should be obtained from Burnham nrior to recording of the plan and covenant. Tf Mark Moore takes title to the entire siubd .v si on -ori.or to approval, an agreement from Moore assuming Burnham's'obliga- tions under the application, and a bond, would seem to be adequate without Burnham's covenant, and no release would be required. DEL/b Sinc$rely trours, /s/ Donald P. Legro 1 1 i