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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 7-1-63 -2- 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. 1 J 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. 7-1-63 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. I The Board scheduled its next meeting for July 8. -3- 19APLE STREET GARDEN APT. DISTRICT EMERSON GARDENS REALTY TRUST TAX TITLE LOTS EARL STREET KELLY PINE MEADOWS GOLF CLUB ADAMS ESTATES SEC. 3 CASTOLDI 7-1-63 -4- 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 1 u 11