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HomeMy WebLinkAbout1963-07-08PLANNING BOARD MEETING ' July 8, 1963 A regular meeting of the Lexington Planning Board was held in its office, Town Office Building, on Monday, July 8, 1963, at 8:00 p.m. Present were Chairman Mabee, members Bryson, Greeley and Meyer, and Mr. Snow consultant. Mr. Donald M. Graham, Director, and Mr. Michael Greenbaum, BOSTON Chief of Transportation, of the Boston Regional Planning Project REGIONAL met with the Board from 8:00 to 9:00 p.m. to discuss the project PLANNING and to answer any questions the Board might have in regard to it. PROJECT Mr. Graham said the project was organized around the 152 cities and towns within the circle created by the proposed loca- tion of Interstate Route 495• He said funds for the project were being equally shared by the State Department of Public Works and the Mass Transportation Committee created by the State legisla- ture. He also said that the project had two main objectives: the preparation of a preliminary comprehensive plan and the initiation of a continuing planning process at the state level. Mr. Graham pointed outthatthe project had two.serious ' weaknesses: the first being the policy committee of five members established by common consent and on which no local officials were represented; and second being that the State was not really committed to the project. Mr. Graham told in detail of the studies the project was undertaking, these consisting of gathering information, analyzing and forecasting, and of planning operation. He said that at the conclusion of these studies the project proposed to prepare a pre- liminary composite statement of policy of a regional plan. He stated that this sdatement would be a communications device,.em- phasizing highways and transportation. Members of the Board asked Mr. Graham if the basic informa- tion assembled during the project would be available to use. He said it would be available to all. Mr. Graham was also asked in what way planning boards might be of assistance in the project other than by cooperating in sup- plying what basic information they had. He said that localities could insist upon saving the project by bringing effective local pressure to bear on state agencies which would rather not be bothered with the project in the first place. From 9:00 to 9:40 p.m. the Board met in the Town Account- ant's office with representatives of the Appropriations and Cap- LONG RANGE ital Expenditures committees to discuss ways and means of pre- FINANCIAL PLAN paring a long-range financial plan for Lexington by a citizen's 7-8-63 -2- committee with the assistance of a consultant. ' MINUTES Upon returning to its own meeting the Board first considered and approved the minutes of its meeting of June 8, 1963. The Board then considered and approved for payment -the fol - BILLS lowing bills which had been presented: Samuel P. Snow, consulting services, June 17 through June 29, 1963--$180.00; Colonial Supply Co,,. secretarial supplies --$16.00. Considered next were the following Form A applications for FORMS A determination of planning board jurisdiction: #63-42, submitted July 1, 1963 by Robert H. Dunning; plan entitled "Plan of Land Lexington, Mass.", dated June 19, 1963, Scale: 30 ft. to 1 in.., Robert H. Dunning, Surveyor, Arlington. #63-43, submitted July 8, 1963 by Alfred Iodice; plan en- titled "Plan of Land in Lexington, Mass."', owned by Iodiee," Scale: 1" = 401, dated March 26, 1963, Joseph W. Moore),Inc. Reg. Land Surveyor. Upon motion duly made and seconded, it was unanimously VOTED: that the Lexington Planning Board determines that the ' plans accompanying Form A applications #63-42 and #63-43 do not require approval under the Subdivision Control Law. and that said plans be so endorsed. Mr. Mabee gave a report of a sequence of events which had EMPLOYMENT occurred regarding arrangements which had been made for Mrs. , HALF TIME Macomber's services. He said first.that Mrs. Macomber had advised - him that Mr. Gray, Executive Assistant for the Board of Selectmen MACOMBER had talked with her about the possibility of her working half time as clerk of the Planning Board and half time as clerk of the. Board of Appeals. Mr. Mabee reported that he thea telephoned to Mr. Gray about t1i:s matter, Mr. Gray confirming that he wished to have such an arrangement made. Mr. Mabee stated that he then advised Mr. Gray that at a previous meeting.of the Planning Board this matter.had been dis- cussed and that the Board agreed to go along with this arrange- ment temporarily. Mr. Mabee stated also that he further advised Mr. Gray that if the Planning Board's work load became greater, or at the time a full-time senior planner was employed, it was likely that then the Planning Board would require a full-time secretary. Mr. Snaw.reported that during the previous.week he had met with Mr. John W. Castoldi of Newton with reference to the ' latter's request to exchange some land in.the Adams Estates Ide- velopment for torn -owned land. (See minutes of the Planning Board's meeting of July 1, 1963.) Mr. Snow said that upon Mr. 7-8-63 ' Castoldi's favorable response to the sketch showing just how such an exchange might be made and how it might coincide with the proposed extension of Emerson Road, he and Mr. Castoldi conferred about the sketch with Mr. Wilbur C. Nylander, civil engineer, who was preparing for Mr. Castoldi definitive plans for the future extension of the Adams Estates development. Mr. Snow said that as a result of the conference he understood Mr. Nylander was going to restudy the definitive plan proposals further, making some modifications in the scheme the latter had presented to the Planning Board on June 24. Mr. Snow also said that he understood that as soon as these plans were ready they would be brought to a planning board meeting for consideration. Attention was called to Mr. Ells' letter of July 2, 1963 to the Board with further reference to conservation commis- sions and his meeting the Board on July 8. Copies of Mr. Ells' letter were distributed to each member of the board. Considered next were notices of petitions to be heard by the Board of Appeals on July 9. It was decided to take no action on the petitions to be heard. Mr Snow reported that he conferred with both Mr. Maloney and Mr. Nickerson in regard to the Emerson Gardens site plans, that Mr. Maloney was having a correction made to these plans, and that the corrected plans would be substi- tuted, with the permission of Mr. Nickerson, for the plans the Emerson Gardens Realty Corp. had submitted on June 10. (See minutes of the Planning Board meeting of July 1.) The Board considered again the letter of June 14 and accompanying plans from The T & N Realty Trust to the Board of Appeals in regard to the Waltham Street garden apartment district. After due consideration of this material the Plan- ning Board dictated a set of notes from which Mr. Snow was asked to draft for the Board's consideration at its next meet- ing a letter to the Board of Appeals setting forth the Plan- ning Board's recommendation in regard to the plans which had been submitted. It was decided to hold the next meeting of the Board on July 15th. The meeting was adjourned at 100:445 p.m. / ' Irving H. Mabee, Chairman -3- ADAMS ESTATES SEC. 3 CASTOLDI CONSERVATION COMMISSION BOARD OF APPEALS EMERSON GARDENS REALTY CORP. T & N REALTY TRUST PLANNING BOARD MEETING ' July 15, 1963 A regular meeting of the Lexington Planning Board was held, in the Board's office in the Town Office Building on Monday, July 15, 1963, at 8:00 p.m. Present were Chairman Mabee, members Bryson, Campbell, Greeley, and Meyer, and Mr. Snow, consultant. Mr. Francis X. Morse,.attorney for Mr. Alfred Iodice of Winter Street, Lexington, appeared before the TAX TITLE LOTS Board to discuss his client's proposal to acquire from - the town Lots 22 to 29, inclusive, situated on Marvin MARVIN STREET Street, adding said lots to the Iodice property numbered - 65 Winter Street. (See minutes of Planning Board meeting IODICE of April 15, 1963.) He referred to his letter of June 21 to the Planning Board, (see addendum) stating that the original proposal of Mr. Iodice was somewhat different from that to which the Planning Board had agreed previously. He asked, however, if it would not fulfill the Board's inten- tion to have Mr. Iodice agree to combine said tax title lots with Lot 1 as shown on the plan which the Planning Board endorsed at itspreviousmeeting instead of the original lot numbered 65 Winter Street. (See plan accompanying Form A ' application #63-43.) The Board agreed to this change in the original proposal and informed Mr. Morse that it would so notify the Board of Selectmen in a letter. (See adden- dum.) From 8:05 to 8:20 p.m. Mr. Norman J. Richards met with the Boardtto seek'its opinion in regard to a rezoning REZONING proposal. Mr. Richards said his clients, Mr. and Mrs. PROPOSAL Russell S. Davenport of 482 Bedford Street, had entered in- to an agreement to sell their property provided it was DAVENPORT rezoned for garden apartment use. Mr. Richards also said that in the agreement Mr. Davenport had a three-year lease on the land and all rights to the greenhouses standing thereon. In response to Mr. Richard's inquiry members of the Board expressed the opinion that the proposed use dis- cussed by Mr. Richards was not an appropriate one for this land which is zoned for C H 1 use. The Board next considered and approved the minutes MINUTES of its meeting of June 24. The Board then considered the following Form A applications for determination of Planning Board juris- FORMS A diction: #63-44, submitted July 11, 1963 by Roman Catholic Archbishop of Boston; plan entitled "Plan of Land 7-15-63 -2- in Lexington, Mass. Belonging to Roman Catholic , Archbishop of Boston," Scale: 1 in a 50 ft., dated April 1963. Rowland H. Barnes & Co., Civil Engineers. #63-45, submitted July 11, 1963 by Paolo Puma; plan entitled "Plan of Land in Lexington, Mass.", Scale: 1" - 501, dated July 5, 1963, Miller & Nylander, C.E.'s & Surveyors. Upon motion duly made and seconded, it was unani- As requested by the Board at its, previoius meeting, WALTHAM STREET Mr. Snow also submitted for the Board's consideration a GARDEN APT. draft of a letter he had prepared addressed to the Board of DISTRICT Appeals with reference to the .letter, dated June 14, 1963.9 from The T & N Realty Trust to Board of Appeals with refer- T&N REALTY ence to the Waltham Street garden apartment district site TRUST and building plans. This draft was revised by members of the Board for signature by the Chairman. (See addendum; see also minutes of the Planning Board meeting of July 8, 1963.) Further consideration was given to Mr. Bellizia's PINE MEADOWS renewed request to purchase from the town tax title lots COUNTRY CLUB in the so-called Meagherville area as an addition to the Pine Meadows Country Club. As requested by the Board at its meeting on July 1, Mr. Snow exhibited 1962 and 1963 valuation and assessment data which he had obtained from the Board of Assessors in regard to this club property. ' There was also exhibited prints of Assessors' maps and of the site the School Committee recommended be acquired for an ele- mentary school. After discussing this data and reviewing mously VOTED: that the Lexington Planning Board determines that the plans accompanying Form A applications #63-44 and #63-45 do not require approval under the sub- division control law, and that said plans be so en- dorsed. Mr. Snow reported that during the past week Mr: MAPLE STREET Maloney had exchanged corrected site pians for the Maple GARDEN APT. Street garden apartments in place of the ones which accom- DISTRICT panied the Emerson Gardens Realty Corp. application of June - 18, 1963 and which were found to have a major error in them.` EMERSON GARDEN'S Mr. Snow then submitted for the Planning Board's considers- REALTY CORP. tion a draft of a letter he had prepared addressed to the Board of Appeals, the draft being based on the corrected ' plans and recommending that the Board of Appeals take favor- able action on said application. The draft was approved by the Board and signed by the Chairman. (See addendum; see also minutes of the Planning Board meeting of July 8, 1963.) As requested by the Board at its, previoius meeting, WALTHAM STREET Mr. Snow also submitted for the Board's consideration a GARDEN APT. draft of a letter he had prepared addressed to the Board of DISTRICT Appeals with reference to the .letter, dated June 14, 1963.9 from The T & N Realty Trust to Board of Appeals with refer- T&N REALTY ence to the Waltham Street garden apartment district site TRUST and building plans. This draft was revised by members of the Board for signature by the Chairman. (See addendum; see also minutes of the Planning Board meeting of July 8, 1963.) Further consideration was given to Mr. Bellizia's PINE MEADOWS renewed request to purchase from the town tax title lots COUNTRY CLUB in the so-called Meagherville area as an addition to the Pine Meadows Country Club. As requested by the Board at its meeting on July 1, Mr. Snow exhibited 1962 and 1963 valuation and assessment data which he had obtained from the Board of Assessors in regard to this club property. ' There was also exhibited prints of Assessors' maps and of the site the School Committee recommended be acquired for an ele- mentary school. After discussing this data and reviewing 7-15-63 ' generally the proposal and problems related thereto,.the Board requested Mr. Snow to write to Mr. Bellizia and the School Sites Committee inviting them, if convenient, to meet with the Planning Board on July 29 to discuss the Bellizia proposal.and related matters. Ll Mr. Snow next exhibited a letter, dated June 17, 1963; from Mr. Stanley B. Berenson, attorney at law, to the Plan- ning Board with reference to certain lots on Reed Street and correspondence between Mr. Snow and the Town Counsel in re- gard to Mr. Berenson's inquiry. After discussing this cor- respondence the Board authorized Mr. Snow to draft for the Chairman's signature a reply to Mr. Berenson's letter stating. that it is the Planning Board's opinion that in the absence of proof to the contrary, neither any of the section of Reed Street nor any of Myrtle Street to which Lots 12 and 13, Block 30, abutt appear to be a "street" within the definition of the Lexington Zoning By-law. (See addendum.) With reference to Mr. Gray's memorandum of June 27 to Mr. Snow (see minutes of Planning Board meeting of July 8), there was exhibited for review a photographic print and Assessors' maps of the Meagherville area made in con- nection with the 1962 revaluation of the Town. After a review of this data with reference to zoning regulations, the Board voted to reaffirm Mr. Snow's recommendation to the Board of Selectmen in regard to the sale of Lots20and 21, Block 16, to Mr. Kenneth P. Kelly, Mr. Snow was author= ized to write to the Selectmen stating the Planning Board's position in regard to this matter. (See addendum.) For the benefit of all the members of the Board, three members reviewed the discussion which they had held with Mr. Stephen Ells of Lexington at the Planning Board meeting of July 1 and his subsequent letter of July 2 to the Board with reference to conservation commissions and the possible establishment of one in Lexington. It was the concensus of all the members that it was worthwhile to es- tablish such a commission. It was decided to recommend that the Town do so and to request that the Selectmen place an article in the warrant for tjae next town meeting to see if the town will vote to accept Section 8, Chapter 40, of the General Laws. Mr. Snow was requested to draft for the Chairman's signature a letter to the Board of Selectmen stating that the Planning Board had studied this matter, enclosing a set of documents in regard to such commissions, setting forth in the letter the advantages of establishing this type of com- mission, and requesting that the matter be placed before the Town for consideration. (See addendum.) Mr. Snow asked for authority to order an electric -3- REED STREET BUILDING LOTS FENNO KELLY EARL STREET CONSERVATION CGru4ISSION SEC. 81 CHAP. 40. G.L. 7-15-63 -4- The attention.of the Board was also called to a GENERAL general letter, dated July 11, 1963 from Allan Green., BY-LAWS Chairman of the town By -Laws Committee, to each department, board and commission of the town requesting that they study the by-laws that affect each particular board with the view of giving the committee any comments and sugges- tions regarding any changes which it was felt were neces- sary in said by-laws. Mr. Meyer stated the committee was only interested in the town's General By-laws. Copies of Mr. Green's letter were distributed to each member of the Board. The Board's attention was likewise called to a STEEP ROCK notice received from the Winchester Planning Board of a ROAD, WIN- public hearing it was to hold in regard to the application CHESTER of Irene B. Graziano for approval of a definitive subdivi- sion plan of land on Steep Rock Road, a tray extending from Sky Line Drive at the .&rlington town line northwesterly about 273 feet to the Lexington town line. In connection with this application there was exhibited a set of prints of the proposed subdivision, the prints having been left at the Lexington Planning Board.office by the engineer of the applicant.. After a review of this plan by the Board Mr. Snow was authorized to write a letter to the,Winchester Planning Board pointing out that Philemon Street was a paper street and that the Lexington Planning Board would require its construction and also that portion of Steep Rock Road in Lexington as shown on the plan should it be filed with the Lexington Board for a determination under the subdivision control law. (See addendum.)_ . As the last item of business on its agenda the Board typewriter for the office and to trade in the present type- ELECTRIC ' writer. He said that the agency having the local Royal TYPEWRITER typewriter franchise had examined the Board's present type- writer and had made an allowance of $55.00 for it on a pur- chase of a new electric typewriter. The Board authorized this purchase, it being noted that in the Board's budget for general expenses for 1963 a sum of $375.00 had been allowed for such a purchase. Mr. Mabee called the Board's attention to the fact SENIOR that no replies had been sent to the applicants for the PLANNER position of Senior Planner on the Board's. staff. The Board authorized him to acknowledge their applications and to inform them that their qualifications did not seem to fit the requirements of the, Board at -this time. Mr. Mabee was also authorized to readvertise for this position in Jobs for Planning published by The American Society of Planning b cia s.' The attention.of the Board was also called to a GENERAL general letter, dated July 11, 1963 from Allan Green., BY-LAWS Chairman of the town By -Laws Committee, to each department, board and commission of the town requesting that they study the by-laws that affect each particular board with the view of giving the committee any comments and sugges- tions regarding any changes which it was felt were neces- sary in said by-laws. Mr. Meyer stated the committee was only interested in the town's General By-laws. Copies of Mr. Green's letter were distributed to each member of the Board. The Board's attention was likewise called to a STEEP ROCK notice received from the Winchester Planning Board of a ROAD, WIN- public hearing it was to hold in regard to the application CHESTER of Irene B. Graziano for approval of a definitive subdivi- sion plan of land on Steep Rock Road, a tray extending from Sky Line Drive at the .&rlington town line northwesterly about 273 feet to the Lexington town line. In connection with this application there was exhibited a set of prints of the proposed subdivision, the prints having been left at the Lexington Planning Board.office by the engineer of the applicant.. After a review of this plan by the Board Mr. Snow was authorized to write a letter to the,Winchester Planning Board pointing out that Philemon Street was a paper street and that the Lexington Planning Board would require its construction and also that portion of Steep Rock Road in Lexington as shown on the plan should it be filed with the Lexington Board for a determination under the subdivision control law. (See addendum.)_ . As the last item of business on its agenda the Board 7-14-63 -5- considered the application, dated July 8, 1963, from Niles, WORTHEN ROAD Inc. for a determination under Section 5 (g) of the Lex GARDEN APT. ington Zoning By-law. The application and accompanying DISTRICT plans were transmitted by the Board of Appeals to the Plan- ning Board by a letter, dated July 10, 1963• BATTLEGREEN APARTMENTS After a discussion of the site plans Mr. Snow was - asked to discuss them further with Mr. Carroll, Town NILES, INC. Engineer and Supt.,of Public Works, and seek his opinion particularly in regard to any sewer or drainage problems which might be involved. It was decided to hold the next meeting of the Board on July 22, 1963. The Board adjourned.its meeting at 10:115 p.m. Joseph A. Campbell, Clerk ADDENDUM June 21, 1963 Planning Board Town of Lexington Town Office Building Lexington, Mass. Gentlemen: Representing Mr. Alfred Iodice of Winter St.,Lexington,Massachusetts, I write you in re my clients request to subdivide his present lot known at #65 Winter Street. (St. or Post Office #) You have before your Board a Plan, submitted by Mr. Iodice, drawn by J. W. Moore, dated March 26, 1963. As you can see, this Plan shows the proposed subdivision of the lot in question in relation to new land acquired by the petitioner from Drummer Boy Corp. Mr. Iodice seeks permission to so subdivide and also to have approved a request to tie this Lot (where the present house is located) to the lots recently approved by the Town (tax titles of Lots #22 to 28 inclusive on Marvin St.) ' Under date of June 19, 1963 the Board of Selectmen notified me of its approval of sale of the tax title lands to my client. As per prior agree- ment, this land is restricted for a period of 99 years so that no more 7-15-63 than one dwelling,together with customary outbuildings, be errected on ' the entire land;i.e. lot known as #65 Winter street and the tax title lands. My client is in accord with this restriction. It is my understanding that the Town demands assurance that no buildings will be errected on the so called tax title lots other than in connection with a residence on the matin lot of Mr Iodice. It is requested that your Board allow Mr Iodice to errect a residence on the new lot which will be in existence after his subdivision of his present Lot. It is agreeable that the restriction be applied so that the tax title lands (lots 22-28) be tied to the lot where Mr. Iodice presently has a house. In this way the Town will be assured that no subdivision or building will be effected in re the tax title lands. I have spoken to Mr. Gray,Executive Assistant pertaining to..these matters. He suggested that I contact your Board and seek approval. Under normal circumstances, I would appear, in person, to explain the re- quest of my client. However, I will not be in Town for the next two weeks. I ask that you consider the sought -for approval of the land. In the event your Board approves,will you kindly so advise the Board of Se- lectmen so that the deed in re tax title lands may be so worded to tie the lot where Mr Iodice presently has a home, to the Marvin street lots as per the Board of Selectmen letter dated June 19,1963• ' Thanking you in advance,I remain, Yours very truly, /s/ Francis X. Morse F)Wmol . lex. July 15, 1963 Board of Appeals Town Office Building Lexington 73, Mass. Re: Emerson Gardens Gentlemen: In response to your letter of June 18, 1963 the Planning Board submits herewith its final report and recommendations with reference to the application, dated June 10, 1963, of. Emerson Gardens Realty Corp. for a determination under Section 5 (g) of the Lexington Zoning By -Law. The Planning Board recommends that the Board of Appeals take favorable ' action on this application. In making this recommendation the Planning Board understands that the site plan as shown on plan sheets X-2, X-3, and U-1 referred to in the determination made by the Board of Appeals on 7-15-63 -7- January 9, 1962 in regard to the Emerson Gardens apartments will remain approved as they now are except for the changes in the walks and util- ities necessitated by the substitutions and relocations referred to in the corporation's application, dated June 10, 1963. This recommendation is also made with the understanding that the Town of Arlington shall have right of access over the relocated service drive toonepoint only on the boundary of the Great Meadows, so-called, said point to be determined at a later date, and that access shall be used only for maintenance of the Great Meadows and not as a public way. A copy of the corporation's application and a set of plans accompanying this application are returned herewith. Sincerely yours, LEXINGTON PLANNING'BOARD /s/ Irving H. Mabee, Chairman July 16, 1963 Board of Appeals Town Office Building Lexington 73, Massachusetts Re: The T & N Realty Trust Gentlemen: Reference is made to your letter of June 18 and its accompanying letter, dated June 14, 1963, from The T & N Realty Trust addressing certain peti- tions to the Board of Appeals with reference to a proposed garden apart- ment development on Waltham Street. It is the Planning Board's understanding that under Section 5 (g) of the Lexington Zoning By -Law the Board of Appeals is only authorized to make a determination that proposed garden apartment buildings and use, including the site plans and building designs, constitute a desirable development in and will not be detrimental to the neighborhood and that the Planning Board is limited to considering and making a final report on an application for such a determination which is transmitted through you. While the Plan- ning Board has received no application it nevertheless submits herewith its final report on what it understands to be the proposal. The Planning Board recommends:approval of the site plan accompanying the letter from said trust but does so with the notation that it is the Plan- ning Board's opinion that the layout does not permit an adequate means of ' access from the driveway on which most of the apartment buildings front to the land southeast of the proposed development and may preclude any full development of this land for garden apartment use. 7-15-63 Additionally, the letter dated June 14 from The T & N Realty Trust can in part be construed as a petition to the Board of Appeals to grant variances under Section 5 (g) of the Zoning By -Law to permit the construction of basement apartments which are now prohibited and elevan dwelling units per building instead of the maximum of ten., and under Section 7 of the Zoning By -Law to permit three stories and a height of forty-five feet instead of the permitted maximum of two. and one half stories and forty feet all in connection with proposed buildings 1, 2, 4 and 6 as shown on the site plan. The Planning Board recommends that the variance under Section 5 (g) to permit basement apartments and the variances under Section 7 not be granted. In the Planning Board's opinion proposed buildings 1, 2, 4 and 6 each present an overbearing appearance which is incompatible with th3e remainder of the development, with the neighborhood and with the understanding of the Town Meeting of the appearance of garden apart- ments in general and of apartments in this development in particular at the time that the parcel to question was rezoned for A 1 use. In the Planning Board's opinion buildings 1, 2, 4 and 6 as shown on the site plan to which the above identified variances are requested would not constitute a desirable development in and would be detri- mental to the neighborhood. The Planning Board believes it should be noted that the conditions ' on the property have not changed since the rezoning was requested. A copy of the letter from The T & N Realty Trust and a set of plans accompanying the same are returned herewith. Sincerely yours, LEXINGTON PLANNING BOARD /s/ Irving H. Mabee, Chairman ------------- July 16, 1963 Stanley B. Berenson, Esq. 18 Tremont Street Boston 8, Massachusetts Dear Mr. Berenson: At its meeting last night the Planning Board discussed your letter to it of June 17, 1963. It is the Planning Board's opinion that in the absence of proof to the contrary, neither any of the section of Reed Street nor any of Myrtle Street to which lots 12 and 13, Block 30, ' abutts appears to be .a "street" within the definition of the Lexington 7-15-63 52 Zoning By -Law. In making this statement, however, the Board believes you will understand when it also expresses the opinion that the Board does not believe it is the function of a planning board to advise whether the use of lots for the construction of a dwelling is "within the existing zoning laws." Board of Selectmen Town Office -Building Lexington 73, Mass Gentlemen: Sincerely, LEXINGTON PLANNING BOARD /s/ Irving H. Mabee, Chairman July 16, 1963 Reference is made to Mr. Gray's memorandum of June 27 to me in regard to Mr. Kenneth P. Kelly's request to purchase from the Town lots 20 and 21, Block 16, as shown on the plan entitled "Plan of Lots at Lexington Heights owned by M. C. Meagher, dated July 1892, and prepared by E. A. W. Hammett, civil engineer. The Planning Board has reviewed my previous recommendation and its own that said lots 20 and 21 be sold to Mr. Kelly only on the basis that these lots be conveyed subject to easements, restrictions, covenants and agree- ments running with the land, if any of record, so far as now in force and applicatie, and also subject, for a period of 99 years from the date of sale to Mr. Kelly, to the restriction that, for purposes of building, all of lots 20 to 24, inclusive, Block 16, are to be combined together to form one lot and that no more than one dwelling, together with customary accessory build- ings, shall be erected or placed on the combined lot. This is to inform you that after this review the Planning Board at its meet- ing on July 15 voted to reaffirm the recommendation set forth above. The sketch attached to Mr. Gray's memorandum to me is returned herewith. Sincerely yours, /s/ Samuel P. Snow Planning Consultant 7-15-63 -10- ' Board of Selectmen July 26, 1963 Town Office Building Lexington 02173, Mass. Re: Conservation Commissions Gentlemen: Attached herewith for your information is some material with reference to the establishment of conservation commissions in Massachusetts municipalities. After a study of this matter it is the Planning Board's opinion that the establishment of such a commission in this town has some advantages in approach to the acquisition of recreation land and open spaces. With the existence of a conservation commission the town would be able to acquire under Section 8 C, Chapter 40, G.L., permanent development rights and easements for open spaces. There is also the advantage of obtaining a very limited amount of State funds for the acquisition of land, easements, etc. for open spaces. It is understood, however, that there is a movement under way to amend the enabling legislation restrictions on the use of these fund:;s and to increase the amount of State contributions. It is recommended, therefore, that the town establish such a commission and that the Selectmen place the matter on the warrant for the next town , meeting to see if the town will vote to accept Section 8, Chapter 46, of the General Laws. Sincerely yours, LEXINGTON PLANNING BOARD /s/ Irving H. Mabee, Chairman ------------ July 24, 1963 Winchester Planning Board Town Hall Winchester, Massachusetts Gentlemen: Reference is made to the notice of the public hearing to be held by your board on July 29, 1963 in regard to the definitive subdivision plan, dated June 1963, of Irene B. Graziano, prepared by John J. Sullivan, civil engineer, Arlington. Mr. Sullivan kindly left a set of prints of this subdivision with the Lexington Planning Board for its information. After reviewing these plans with the Lexington Planning Board I am 7-15-63 -11- authorized by its chairman to inform your board that it is this board's present opinion that should this plan be filed with the Lexington Plan- ning Board for a determination, the board would rule that this subdivi- sion plan requires approval. What this board would require is the con- struction of Philemon Street, a paper street, and that part of Steep Rock Road located in Lexington, all as shown on the subdivision plan, to the specifications of this town as set forth in Lexington's subdivi- sion rules and regulations. If the subdivider does not wish or propose to do this, it is recommended that said streets as enumerated above be removed from the subdivision plan. Should your board wish to do so, the Lexington Planning Board would be pleased to discuss this matter further with you. Sincerely yours, /s/ Samuel P. Snow Planning Consultant 1 1