HomeMy WebLinkAbout1963-07-01PLANNING BOARD MEETING
July 1, 1963
A regular meeting of the Lexington Planning Board
was held in its office, Town Office Building, on Monday,.
July 1, 1963, at 8:06 p.m. Present were Chairman Mabee,
members:Greeley and Meyer, and Mr. Snow,.planning consultant.
The Board approved the minutes of its meeting of May MINUTES
27, 1963.
The Board approved for payment a bill from Wallace B.
Mitchell Co., in the sum of $5.49 for blueprint paper.
Considered next were the following Form A applica-
tions for determination of Planning Board jurisdiction:
#63-97) See minutes of Planning Board meeting
#63-40) of June 24.
#63-41)
Upon motions duly made, and seconded, it was unani-
mously
' VOTED: that the Lexington Planning Board determines that
the plans accompanying Form A applications #63-39
and 03-41 do not.require approval under the subdi-
vision control law, and that said plans be so en-
dorsed.
VOTED: that the Lexington Planning Board determines that
the plan accomparWing Form A application #63-40
requires approval under the subdivision control
law.
Mr. Snow gave a report of his study of the question
raised by Mr. Arthur J. Thyng in his letter of June 17.
(See minutes of Planning Board meeting of June 24, 19634
Mr. Snow then presented for the Board's consideration a
reply to Mr. Thyng's letter. This was approved and signed
by the Chairman. (See addendum.)
From 8:30 to 10:00 p.m. Mr. Stephen F. Ells of 110
Shade Street met with the Board at its invitation to dis
cuss Massachusetts enabling legislation in regard to town
conservation commissions and the possibility of Lexington
establishing such a commission.
The Board had two main objections to.the present enab-
ling legislation: one, the limitation of $15,000.00 and the
percentage maximum which is now set on the amount any town
may appropriate for a conservation fund in one year; two, the
BILL
FORMS A
THYNG LAND
CONSERVATION
COMMISSIONS
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lack of power of a conservation commission to acquire a parcel
of land or an easement by eminent domain.
In regard to the first objection, it was pointed out
to Mr. Ells that the town frequently appropriates three or
four times this amount at "a town meeting for the acquisition
of only one parcel of land. Mr. Ells recognized this limita-
tion explaining in detail the state's contribution under the
present law.
He said that presently a town can appropriate only
$15,000 in any one year for a conservation fund. If the state
approves of this action, it will reimburse the town $7500,'
that amount going into the town's general fund. He also said
that it has been the practice of towns to reappropriate that
$7500 in the conservation fund, thus making it available for
expenditure in the next year along with that year's $15,000
appropriation. Thus, this is a growing contribution, and
while it is not $15,000 from the state in the first year, it
will soon approximate that after this process has continued
for a few years.
In regard to the second objection, Mr. Ells was told
of numerous times when the town counsel of Lexington recom-
mended to the Selectmen a taking by eminent domain of land for
recreational or school purposes when he found that an estate
had not been probated or that there was a defect in the title
to the land the town wished to acquire. In response Mr. Ells
said that he believed this matter probably could be taken care
of with an amendment to the present legislation granting con-
servation com¢nissions a limited power of eminent domain where
land owners were willing to sell but where title faults needed
eminent domain procedures to clear the titles.
Also discussed with Mr. Ells was the use of easements
to preserve open space by limiting the taxable uses.of land.
Specifically discussed was the matter of making such an ease-
ment sufficiently perpetual so that it could not be released
at a future date. Mr. Ells said he would discuss this and
other matters raised by -the Board with representatives of the
State Department of Natural Resources.
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After Mr. Ells left the meeting the Planning Board con-
WALTHAM'ST. sidered the letter of June 14 and accompanying plans from The
GARDEN APT. T & N Realty Trust to the Board of Appeals with 'reference to
DISTRICT the Waltham Street garden apartment district. On June lB the
Board of Appeals had forwarded this material to the Planning
T&N REALTY Board for examination. The Board discussed this material but
TRUST took no action upon it until all members of the Board would be '
present at a subsequent meeting.
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With reference.to the proposed modification of Emerson
Gardens apartment district plans, (see minutes of Planning
Board meeting of June 24) Mr. Snow pointed out a major devia-
tion in the previously approved site plans (see minutes of
Planning Board meeting of December 4, 1961). He said, how-
ever, that in his opinion the devistion in the form of a
service road cutting across the garden apartment district at
about right angles to Emerson Road could be eliminated as a
permanent proposal. Mr. Snow was authorized to discuss this
matter with the chairman of the Board of Appeals and with Mr.
Maloney of the Emerson Gardens Realty Corp. before the Plan-
ning Board took any action on the submitted site plans.
Referred to the Board was the memorandum of June 27
from Mr. Gray, Executive Assistant to the Board of Selectmen,
to Mr. Snow in regard to the sale of tax title lots on Earl
Street. Mr. Snow was asked to borrow from the Board of
Assessors' aerial photographs used in the recent revaluation
of town property a print showing existing conditions in the
vicinity of Earl Street, and any other pertinent material,
so that the Planning Board could discuss in detail at a
subsequent meeting a recommendation in regard.to.the sale of
said lots.
' Also referred to the Board was a letter, dated June
25, from the Selectmen to the Planning Board requesting a
report and recommendations in regard to Mr. John A. Bellizia's
letter of June 19 to the Selectmen renewing his request to
purchase tax title property to be added to the Pine Meadows
Country Club. Mr. Snow was asked to obtain detailed assess-
ing records and any other pertinent material he could in re-
gard to this request so that the Planning Board could con-
sider this matter in detail. The Board scheduled tentatively
a conference with Mr. Bellizia at the Board's meeting on July
29 to discuss this request and to inquire of his future plans
in regard to the country club.
Mr. Snow exhibited a sketch based on his study of the
proposal Mr. Castoldi of Newton had made to the Board at
its previous meeting in regard to the latter's request to
exchange some of the land in the Adams Estates development
for town -owned land which was part of the so-called Willards
Woods complex. (See minutes of the Planning Board's meet-
ing of June 24, 1963•) Mr. Snow pointed out on the sketch
how such an exchange might be accomplished to the advan-
tage of both Mr. Castoldi and Lexington. Mr. Snow was
authorized to discuss the sketch with Mr. Castoldi and ob-
tain the latter's reaction to it.
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The Board scheduled its next meeting for July 8.
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19APLE STREET
GARDEN APT.
DISTRICT
EMERSON GARDENS
REALTY TRUST
TAX TITLE LOTS
EARL STREET
KELLY
PINE MEADOWS
GOLF CLUB
ADAMS ESTATES
SEC. 3
CASTOLDI
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Having no further business to transact at the time, the
Board adjourned its meeting at 11:45 P.M.
Irving H. Mabee
Chairman
ADDENDUM
July 1, 1963
Mr. Arthur J. Thyng
676 Marrett Road
Lexington 02173., Mass:
Dear Mr. Thyngs'
In response to your letter of June 17, 1963, it the Planning
Board's opinion that the location of any new street entering your
property from Marrett Road, as shown on your sketch plan, would
raise serious questions of sight distance and safety.
Yours very truly,
LEXINGTON PLANNING BOARD
/s/ Irving H. Mabee, Chairman
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