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HomeMy WebLinkAbout1963-05-06PLANNING BOARD MEFTTNG May 6, 1963 From 8:00 to 8:15 n.m. Mr. and Mrs. F. Irving Currier and their daughter, Elizabeth, met with the Board to discuss again the Countryside, Inc, situa- tion at the southwesterly corner of Lowell -Woburn St. intersection. (See minutes of planning Board meet- ing of April 1, 1953.) Mr. Currier presented a print of a plan en- titled. "Plot Plan of Land in Lexington, Mass.", dated April 23, 1963, and nrenared by Albert A. Miller, surveyor. On the nlan was located the foundation for a pronosed store and office building (for wrich Mr. Currier at one time had been offered a building per mit) and its relation to the southeasterl7 side line MINUTES GREEN VALLEY SEC. 8 BUSA CUN OTRYSTDE, ry 1 7C . CURRIER The Lexington P12nning Board held a regular meeting in its office in the Town Office Building on Monday, May 6, 1963 at 7:45 p.m. Present were Chairman Mabee, members Campbell, Greeley and Meyer, and Mr. Snow, Planning Director. The Board annroved the minutes of its meet- ing of ^.aril 29, 1963. The Board considered next the application of Antonio Busa for annroval of the Green Vallev, Sec- tion 8 definitive subdivision Dian. In connection with this annroval there was read to the Board a letter, dated May 3, from John J. Carroll, Lexing- ton's Sunt, of Public ',lorks, enclosing a copy of a letter from the Metropolitan District Commissioner Sewerage Division giving permission to the Town of Lexington to maintain a'12" storm drain across the M.D.C.sewer easement within said subdivision. Mr. Snow exhibited a bond in the amount of X183000.00, executed by .intonio Busa, Princir,al, and Thelma Park hurst, Attorney -in -Fact for American Fidelity Com- pany, Surety, with. reference to the same subdivision. All matters annearing to be in order, upon motion duly made, and seconded, it was unanimously VOTED: that the definitive subdivision plan entitled "Green Vailev Section El -ht Lexington, Mass.", dated January 7, 1963s which was submitted to the Board. by Antonio Busa on March 11, 1963, accompanied by an application for ann.roval of definitive nlan, Form C, dated March 5, 19631 be and hereby is approved. From 8:00 to 8:15 n.m. Mr. and Mrs. F. Irving Currier and their daughter, Elizabeth, met with the Board to discuss again the Countryside, Inc, situa- tion at the southwesterly corner of Lowell -Woburn St. intersection. (See minutes of planning Board meet- ing of April 1, 1953.) Mr. Currier presented a print of a plan en- titled. "Plot Plan of Land in Lexington, Mass.", dated April 23, 1963, and nrenared by Albert A. Miller, surveyor. On the nlan was located the foundation for a pronosed store and office building (for wrich Mr. Currier at one time had been offered a building per mit) and its relation to the southeasterl7 side line MINUTES GREEN VALLEY SEC. 8 BUSA CUN OTRYSTDE, ry 1 7C . CURRIER 5-6-63 -2- of the lot owned by Countryside, Tne. Also on the olan was recorded a certification by Mr. Miller to the effect that the plan represented existing con- ditions on the date of the survev. This plan and the one, dated_ August 7, 19592 *)repared. by Mr. Carroll, Town Fngineer, were comnared and found to be different. Mr. Currier was informed that the Board would ask Mr. Carroll to confer with Mr. Miller to determine which plan was correct and .wrere the discrepancy was. Later, when Mr. Carroll attended the Planning Board meeting, both plans were given to him with the request that he confer with Mr. Miller in regard to the difference of the plans and Inform the Board which one was determined to be cor- rect. Mr. Currier saidhe would like to have some- thing done so he could n roceed with the completion of his oronosed building,. He said he had decided to build only a one-story store if a wav can be found for him to do so. A discussion was then held in regard to whether or not the Planning Poard would supnort a zoning amendment substantia.ily the same as set forth in Article 83 of the 1963 annual town meet Ing if the Miller clan was found to be correct. No decision was made in regard to this matter pending receirt of information in regard to both plans. The Board took under consideration next the FORMS A following Form A apnli.cations for determination of Planning Board jurisdiction: #63-34, submitted May 2, 1963 by Michael and Ruth Saunders; plan entitled "A Subdivision of Land Court Case 7o. 27754 in Lexington Mass.'£, Scale: 1" = 201, dated April 25, 1063, Miller �- Vylander, C F.'s 8- Surveyors. #63-35, submitted May 21 1063 by Tiwin C. Boyden; pian entitled 'nlan of Land at Blossom St. Lexincton Massachusetts," Scale: 1" 401, dated Anril 1963, Elwin C. Poyden, n r From 8:15 to 8:30 n.m. Mr. Saunders and his attorney attended the meeting to explain why they thought the Board should endorse the n lan. The attorneZ• said that because there was a defect In the title to lots 4 to 8, inclusive, as shown on a elan entitled "Arlington Heights Terrace Lexington, Mass."j, ' datee October 15, 1908s recorded in YlOdlesex South District Registr`* of Deeds in Plan Book 175 as elan S-63 35, thesA lots were registered in the Land Court as one lot and numbered case No. 27750 . The attorney said that it was not desired to subdivide the land court nlan so that lot 2 shown on the subdivision could be retained as one building lot and lot 2 shown on the same nlan added to lot 9, an unregistered lot, to comprise a -second buildi_np, lot. He said that his client would be willing to sign ann affidavit the plan- ning Board desired to assure this would he done. 7n addition 11'r, 3nuneers said he would be willing to 'black top" the wR7 in front of tr ese lots. ?r.. Saunders' arrlication and plan were taken under advisement. Later during the meeting the plan was discussed Tilt!- the mown Counsel, after he had left the meetinc;, it was moved_, seconded, and unanimously VOT7E: that. the Lexinrrton Plr=In? Board determines that the plan accomonn71ng Form A application 163-311 requires apnroval under the subdivision control law. The Board took no action on Form A arplieetion '63-35. Before tnking action in regard to the same, ,ir. Snow was asked to investir!ate the conditions at the site shown on the plan accompanying said nnnlica- tion, reporting these conditions to the Board at its next meeting. The attention of the Board was called to John J. Carroll's letter of April 29 in regard to the Burn- ham ~,arms, Section 6, subdivision plan (see addendum). This -Letter and rrevious correspondence i_n regard to this case was reviewed together with said subdivision plan as amended.Anril 2b, 1963. :'fter sorre discussion of the matter the Board amreed reluctantly to modify Its subdivision rules and regulations to allow in this case for 'steeper grades for the proposed_ road and its levelinrz area than are set forth i_n said rules and regulations. Tor. Snow said that he understood the Town Counsel was preparing for Todd Realty, Tnc, several instruments in connection with the latter's assumption of the obligations of the original subdivider, and that if these instruments were -properly executed and on hand at the next planninP board. meeting it should be in a position to approve the subdivision plan as amended. ' ;T'he Board annroved a draft of a letter to the Board of Selectmen in regard to the relocation of a -3- BURNHAM FA BITS SFC . 6 TODD REALTY, PTC . 5-6-63 -L - section of Pelham road and nrovidinn a second means PELHAM ROAD of access for said road by layinn out a nortion of Bennington Road as a town way. (See addendum; see also minutes of Planni.nc, Hoard meeting of A?arLVU;`j,01�3 1963.) From 9:10 to 9:30 p.m. Town Counsel Legro met FORM A with the Board, at its request to discuss the plan accompanying Form A X63-3LL, and. also a letter, dated April 30, 1961s from attorney Raymond E. Ki -ng with reference to Form A annlicati.on 4863-2)i (see addendum). After the conference the Planning; Board acted on arolic^tion '�63-34 as noted Pbove. After the confer- ence also Mr. Snow was asked to draft from notes dic- tated by the Board a letter for the chairman's signa- ture informing 'Mr. king; of the Boards comnarison of the plans accompany in g Form A applications 1L61-70 and x163-24.(See addendum.) _ At the Board's request also Yr. Carroll, Lex- WORTHEN AND i.ng;ton's Supt, of Public Uorks, met with the Board to EMERSON discuss the adoption by the Selectmen of a 4L! foot ROADS width of pavement as standard for a 70 -foot right of way and their decision that in the future all sections of Emerson and Worthen Roads would have this width of pavement. (See minutes of planning Board meeting of September 11, 1961.) Tt was nointed out that with this standard it was difficult for the Planning Board to ob- tain approval of the Emerson and. Worthen Road nroiects and/or of entering into negotiations for land for this and related nroiects. In the discussion which followed it was agreed that until the actual need for the L_ti-foot ravement width exists, "merson and Worthen roads be constructed with a pavement 30 feet wide and a base 44 feet wide. It was further agreed that as an excenti_on to this standard Worthen Road should be -caved L.4 feet wide be- tween Waltham Street and Niarrett Road. At the conclu- sion of the discussion it was decided to meet with the Selectmen at their next regul^r h scheduled meeting to discuss further the situation in regard to the 7- erson and Worthen Road nro ects and to seek a modi.fi_cation of the standards the Selectmen had adonted nreviously. The attention of the Board was called to a letter, MINUTE MAN dated May 1, 19631 from the Girrac Realty Trust seeking HIGH -LANDS an extension of the time -in whish the Planninp- Board SFC.4 must act on the Trust 's aorlicati.on for annroval of the Minute Man High -Lands, Section 4, definitive plan. (see GTRRAC REALTY addendum.) Unon motion made and seconded it was unani- TRITST - CARRIG mously r, r� L 5-6-63 -5- VOTED: that pursuant to the written request of Girrac ' peaity Trust, the ti.me within which tre Board must act on the application of Girrae Realty Trust for apnroval of the subdivision plan en- titled "Minute Man Higb.-Lands Section 4 Lexing- ton, Mass." be extended to and including May 13, 1963. From 10:00 p.m. until the end of the meeting Messrs. James A. Carrig, James A. Jr., Robert W. Carrig, and Wilbur 0. Pdylander met with the Board to discuss the Minute Man Hip*i-Lands, Section 4, definitive subdivision plan. The gentlemen were informed of the Board's posi- tion in regard to the plan. (See minutes ,of Planning. Board meeting of Anril 2g, 1963.) The Trust was asked to submit a complete set of plans for action by the Board. This Yr. Robert W. Carrig agreed to do stating that in order to allow time for this to be done that he would no doubt seek a second extension of time within which the Board must take final action on the subdivision plan. Mr. Robert Carrig was asked if it was the 70 -foot right of wav of '°lorthen Road or having to construct the extra width of this road to which he objected. He said both. He pointed, out that the 50 -foot right of way he pronosed allowed d-eener lots between the road and Clematis Brook, the extra depth providing better lots on which.to erect houses. Mr. Carrig said that he also objected -to having to construct under nronosed Barrett Pond a culvert deeper than the present level of the brook -in order to conform to the town's plans to deepen the brook. He stated that he thought he should only have to construct the culvert at a level consistent with the existing one under Pleasant Street. Another objection which Mr. Carrig had to preparing a plan in conformity to the Planning Board's recommenda- tion for a 70 -foot right of way for Worthen Road was the estimated cost said trust would receive as its share for constructing the road and the lack of a satisfactory method of receiving compensation for this construction. He said that under these circumstances he couldn't promote the sale of the subdivision plan. There bei n;? no further business to transact at the time the 'nlanring Roard adjourned its meeting at 10:)15 n.®m. Q��flir ' J' o amp e , 0lerk ADDENDUM April 29, 1963 Planning Board Town Office Building Lexington 732 Massachusetts Re: Burnham Farms, SectionSix Gentlemen: peference is made to my letter to you of March 28, 1063 concerning the subdivision -olan entitled ''Burnham Farms, Section Six, Lexington, Massachusetts, dated January 28, 1963, ` amended Anr' l 21i , 1963. T rave reviewed the amended olan. The comments in my rrevious letter to -ou have all been made on the plans with the exce-otion of 2,,d. T have discussed this problem with Miller ?- Nylander and have come to the conclusion that the best solution to this rroblem Is to modi..fv both the slope of the levelling area and the requirement as to maximum grade of a street. Therefore the levelling; area is shown as 2.885 and the maximum grade of the street is '10:855. To adhere to the 11' grade from the exterior line of Fast Street anc! the 10`l maximum grade wouldcause the street to"be in a deeo cut, which in my oninion, would not be prover in this case. Very truly yours, /s/John J. Carroll, Sunt. of Public ''or}rs & Town Tn?i.neer JJC /cc e cc: Moore Realty May 6, 1963 Board of Selectmen Town Office Buildi-ng Lexi.nrpton 7, Mass. Gentlemen: Tn response to P -'r. Adams' letter of .Ppril 23, the planning 5-6-63 -7- Board is of the opinion that the easterly end of. Pelham Road should e be relocated so as to obtain a better sight distance at its intersection with PTassachusetts Avenue. In reward to extending Pelham Road to Bennington road, it is the Planning Board's understanding that Pelham goad is a town tray to r>ennington Road having been accepted as a town wail to this noi_nt under Article 66 of the 1960 Annual Toi4n Yeetin7. To orovi0e wh^t this Roard considers an acceptable second means of access to the westerin end of Pelham Toad, the nlanni r . board recommends the laying, out as a town wa-v that nortlon of Bennington Road which is now a private wa7,. Sincereiv yours, LE?C?t?"-TSD? P 1!?T"'Tn;^- BOARD Is/ irvi.ng 7. Mabee, Chairman April 303 in63 Mr. J. T.T. r"abee, Chairman Lexington Planning Board Lexington, Massachusetts Re: Subdivision Plan Piled by r=Ti ldred B. Gould Your File 63-24 Dear Mr. Mabee: I am in receint of a notice from you dated April 9, 1963 which states that a elan filed by Mil-dred B. Gould requires approval under the Subdivision Control Law. The elan which was filed is dated TTovember 16, 1961 and shows three lots at the inter- section of the Cambridge to Concord Highway and Blossom Street In Lexington. This plan was submitted to you previously; I believe "late in 1961. As i understand it, at that time your Board stamped the Ulan 'No approval required under the Subdivi- sion Control Law." Subsequent to the time that your Board stamped the plan, it was lost. It was never recorded. T -iv present purpose is to obtain some indication that the plan was previousl7,r stamped "T?o approval required under the Subdivi- sion Control Law." It would satisfy me completely if you would send me the new tracinr? of the plan filed with your office on March 2R, 1063 together with a letter stating that the exact same elan was submitted to hour Board at an earlier date, sneci_- fvin� said date, and that the same was stamped '17o approval re- nuired under the Surdivi_sion Control Law." 5-6-63 I woul6 appreciate it very much if you could accommodate me in this respect. Mildred B. Tould has sold the land but we have a damage case pending against the Commonwealth because of the takings along; the "ambridge-Concord Himhway. The fact that a plan was previously submitted to your Board and stamped as aforesaid 1.s relevant to our damage case W-,ry truly * ours , /s/ Raymond E. King RE :kmb May 21, 1963 Paymond 7. Kine, ',sq. c o Goodwin, Procter ?- Hoar, R State Street, Boston, Mass. Dear Mr. King-: In further response to 70ur letter of April 30, 1963 to the Planning Board with reference to the Gould nroperty in Lex- ington., there is enclosed herewith the planning Board's letter of May 10, 1963 to you. Also enclosed is the unsigned plan entitled "Compiled Plan of Lotting in Lexington, Mass.', dated November 16, 1961, prepared by Albert A. Miller and 'Tilbur C. Nylander, Civil Fngineers and Surveyors. Mr. Nylander informs me that this plan was traced from a print - which had been made from the original plan -i_ch it is under- stood has been lost. Yours very truly, LEXTNGTOY PLATT"T?G PO4RP ,/s/ Samuel P. Snow, Plannin7 71rector Enc. May 1, 1963 Lexi_nrton Planni.nrr Board Town nffice Build.n Lexington, Mass. Gentlemen: ":11th regard to the plan entitled "Modification of Plan Approved May 161 1962 Minute Man High -Lands, Section Four" submitted to ' you 'larch ', 1?63 for lour anproval, which apnroval would modify 5-6-63 1 the approval of May 16, 1Q62, it is hereby agreed, pursuant to requ-rements set out in Section 81 U of the Subdivision Control Law, thet the Lexinr-ton Plann;ng Board may defer taking action on tris Ulan until Nay 11!, 1.063. Sincerely, s/s Robert *-T. Carri g, Trustee ri_rrac Realt-* "'mast. 17 Dunster street Cambri dp,-e, mass. C� 1