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HomeMy WebLinkAbout1963-09-09VOTED: that the Lexington Planning Board determines that the PLANNING BOARD MEETING ' September 9, 1963 A regular meeting of the Lexington Planning Board was held in its office in the Town Office Building on Monday, September 9, 1963 at 8:00 p.m. Present were Chairman Mabee, members Bryson, Campbell, Greeley, and Meyer, and Mr. Snow, planning consultant. The Board approved for payment the following bills which had been presented: Samuel P. Snow, professional services, BILLS August 26 to September 6, 1963--$280.00; Spaulding -Moss Co., contact negative and photographic prints for zoning map --$30.63; Collins Typewriter Co., carbon ribbons --$9.50; Foster's Inc., stationery -44.99; American Society of Planning Officials, planning advisory service from July 1, 1963 to June 30, 1963-- $100.00. The Board then took under consideration the following ' Form A application for determination of planning board juris- FORMS A diction: #63-58, submitted Sept. 51 1963 by Gerald D. Shirley; plan entitled "A Subdivision of Land Court Case No. 5982 Land in Lexington, Mass.", Scale: 1" = 40', dated Aug. 31, 1963, Miller & Nyla.nder, C.E.'s and Surveyors. Upon motion duly made and seconded, it was unanimously VOTED: that the Lexington Planning Board determines that the POND REALTY TRUST TAURASI PINE MEADOWS GOLF CLUB BELLIZIA PROPOSED ELEMENTARY SCHOOL SITE plan,accompanying Form A application #63-58 does not require approval under the Subdivision Control.Law, and that said plan be so endorsed. Attention was called to the fact that the Board had not replied to the Pond Realty Trust's request for an in- formal opinion in regard to a sketch plan for the proposed second section of the Country Club Manor development as presented to the Board at its meeting on July 29, 1963. A letter to Mr. Taurasi, trustee of said trust, was drafted for the Chairman's signature. (See addendum.) .Considered next was a reply to the Selectmen's letter of June 25, 1963 requesting a report and recommenda- tion in regard to Mr. John A. Bellizia's renewed request to purchase from the Town tax title property for the purpose of adding it to the pine Meadows Country.Club. From notes dic- tated by the Board, Mr. Snow was asked to prepare for the ' Chairman's signature a letter to the Selectmen setting forth the Planning Board's report -on this matter. (See addendum.) Mr. Snow reported that during the past week Mr. POND REALTY TRUST TAURASI PINE MEADOWS GOLF CLUB BELLIZIA PROPOSED ELEMENTARY SCHOOL SITE 9-9-63 -2- Charles MacArthur, Jr. of Countrywide Offices, Inc., New COUNTRYWIDE York City, and Mr. A. W. Geller, architect, came to the OFFICES, INC. Planning Board office to confer about the site plan for the proposed office building for the Burroughs Corp. to be located within the northeasterly quadrant of the proposed Route 2 -Spring Street interchange. Mr. Snow said that the above-named gentlemen showed him a sketch plan of this quadrant pointing out that both the grade of the so-called frontage road «A" at a point about opposite the proposed en- trance to the office building was ten feet higher, and the distance between the rights-of-way of said road and Route 2 was less, than they understood had been planned originally. (See minutes of Planning Board meeting of February 11, 1963.) Mr. Snow also reported the gentlemen informed him that in connection with making an application to the Board of Appeals for a finding and determination under Section 5(h) of the Lexington Zoning By -Law Countrywide Offices would have to seek a variance in the setback requirements in C 3 districts because of the conditions noted above. He said that with the required one hundred foot setback from both the frontage road and Route 2 there was twenty feet less distance than the width of the building which had been designed for the site. Mr. Snow also said that, upon being asked by the gentlemen which road or highway he thought the Planning Board might be willing to recommend a variation in setback, he had suggested an 80 -foot setback from Rouiffi 2 because of the relationship of existing topography to the proposed grade of the frontage road. It was pointed out that the Planning Board had not ROUTE 2 received from the State Department of Public Works any in - RELOCATION formation in regard to the final plans for the proposed PLANS Route 2 -Spring Street interchange as it was understood at a conference with representatives of said department on March 20, 1963 there would be received. (See minutes of Planning Board meeting of March 19, 1963.) Mr. Meyer was asked to attend the Board of Selectmen's meeting later on in the evening and to request _that `Board to write the department requesting information about these final plans. The Chairman reported that the Selectmen wished to PROPOSED ZONING know when the Planning Board would have prepared for a public REVISIONS hearing and subsequent special town meeting a draft of a pro- posed revision of zoning by-law relating to local business LOCAL BUSINESS districts. Mr. Meyer was authorized to inform the Selectmen DISTRICTS that the Planning Board was of the opinion it would have such a draft ready for advertisement on October 15. It was de- cided to request the Town Counsel for the services of Mr. Henry W. Hardy of Needham in advising and assisting the Planning Board in the preparation of the final draft of its proposed re - PLANNING BOARD vision. Mt was also decided that until further notice the MEETINGS ' Board would hold meetings only on every other Monday evening in order to devote the intervening periods to the preparation 9-9-63 -3- Iof a draft to submit to Mr. Hardy. The next regular meeting of the Planning Board was scheduled for September 23. Consideration was given to a proposed amendment to the Lexington Zoning By -Law in regard to roadside stands as set forth in Mr.,Meyer's memorandum of August 13 to the Planning Board and in a letter, dated August 14, from Mr. Donald E. Nickerson, chairman of the Board of Appeals. After discussing a slight modification to Mr. Meyers draft, it was decided to send a copy of this revised proposed amendment to Mr. Nickerson for his comments. (See addendum.) Mr. Snow was asked to write to the Farm Bureau Asso- ciation to obtain what standards or policies the Bureau had ROADSIDE in regard to roadside stands. He was asked also to write STANDS to the ASPO Planning Advisory Service to obtain from this source what information he could in regard to such stands. From 9:00 to 9:25 p.m. Mr. Meyer represented the Planning Board at an executive session of the Board of Selectmen. From 9:00 to 9:30 p.m. Mr. Charles H. Cole II, archi- tect, met with the Planning Board to present a proposal to A 1 DISTRICT rezone for garden apartment use a major portion of the REZONING Maxner and Seth land on Worthen Road. He said he was a PROPOSAL member of a proposed corporation which was planning to pre- sent to a special town meeting to be held later on in the COLE year an article setting forth this proposed change. He said the corporation would be willing to accept any proposed changes in A 1 district regulations which he understood the Board was considering. Mr. Cole also said he was seeking the Planning Board's support of the rezoning proposal. Mr. Cole then exhibited prints of two undated plans, one which he left with the Board and which was entitled "Land Use Plan for Reuben L. Seth Property Worthen Road Lexington Massachusetts," and a second which he kept and which showed a tentative layout of garden apartment buildings to include 168 apartment units. Shown on the land use plan at the rear of the Maxner and Seth property was a proposed recreation area of about eight acres which Mr. Cole said the corporation would like to sell to the town. It was pointed out that over half of this land was too steep for playground use but might be used as a buffer area. After a general discussion with Mr. Cole of various as- pects of his proposal, it was taken under consideration. ' Notices of hearings on petitions before the Board of Appeals on September 10 and 17, 1963 were read. It was de- BOARD OF tided to take no action in regard to these petitions except APPEALS those of H. I. Currier and Anthony J. DiRocco. Letters to 9-9-63 -4- the Board of Appeals in regard to these two petitions were drafted for the signature of the chairman of the Planning I Board. (See addenda.) Read to the Board was a letter, dated August 29, 1963, TAX TITLE from Town Counsel Legro with reference to the Planning Board's LOTS letter of July 26 to the Board of Selectmen in regard to the - sale by the town of tax title lots on Marvin Street. (See MARVIN ST. addendum; see also minutes of Planning Board meeting of July 15, 1963.) It was decided to inform Mr. Legro that the re- striction recommended in his letter would satisfy the in- tent of the Planning Board in recommending the sale of said lots. (See addendum.) Attention was called to the Board of Selectmen;s letter CONSERVATION of August 27, 1963 to the Planning Board notifying it that the COMNIISSION Board of Selectmen is in favor of the establishment of a town conservation commission and that an article will be.inserted in the warrant for the 1964 annual town meeting to see if the town will accept Section 8, Chapter 40 of the General Laws as recommended in the Planning Board's letter of July 26 to the Selectmen. Attention was also called to a letter, dated.Augast 28, 1963, to the Planning Board from Charles P. Doyle, attorney FORM A at law, with reference to Form A application #63-54 acted upon DOYLE at the Board's meeting held on August 26. Mr. Snow was asked to confer with the Town Counsel about attorney Doyle's letter and draft for the Planning Board's consideration a reply to the same. The Board decided to hold its next regular meeting on September 23, 1963. Thereupon, the meeting of September 9 was adjourned at 10:15 p.m. Joseph A. Campbell, Clerk ITITW September 20, 1963 Board of Selectmen Town Office Building Lexington, Mass - 02173 Re: Pine Meadows Country Club Gentlemen: Reference is made to your letter of June 25, 1963 to the Planning Board in regard to Mr. Bellizia's renewed request to purchase from 9-9-63 -5- the Town tax title property for the purpose of adding it to the Pine Meadows Country Club. In accordance with your request the Planning Board has studied this matter and herewith submits the following report and recommendations. In the course of its study the Planning Board met jointly with Mr. Bellizia and representatives of the School Sites Committee and later along with the said representatives. After discussing the proposal with the Committee, the Board asked it for a recommenda- tion as to which part of the so-called Meagherville school site, which the 1963 Annual Town Meeting voted to acquire under Article 45 of the warrant for that meeting, the Committee believed to be the best suited for elementary school and playground use. The Committee's recommendation is shown on the attached print of a plan entitled "Plan. of Proposed Elementary School Site Garfield St. Lexington, Mass.", dated Aug. 8, 1963, and prepared by Charles H. Cole, II, Architect. Both the Committee and the Planning Board are of the opinion that the land marked "Lot B" on Mr. Cole's plan should not be sold, even with certain deed restrictions, but that it could be made available for lease for golf course purposes either to the Pine Meadows Country Club or the Lexington Golf Club. The latter or- ganization is mentioned for the reason that representatives of the club have made inquiries of the possibilities of such a lease in connection with the possibilities (which they are now exploring) ' of acquiring some of the rear properties fronting on Cedar Street and entering into some sort of an agreement with Mr. Bellizia for the use of the Country Club land. The Planning Board has been concerned for a number of.years with the future of all these properties and the possibility of their being combined for golf course purposes either private or municipal. The Board can think of no better use of the proper- ties than for such a purpose. The Board recommends therefore that this possibility be explored in greaterdetail with the idea that (1) the rear portions of lots on Cedar Street be acquired for golf course purposes, (2) means be found to keep the golf course lands in private ownership; and (3) the lands be acquired for public use if necessary to prevent them from being used for other than golf course purposes. Yours very truly, LEXINGTON PLANNING BOARD /s/ Irving H. Mabee, Chairman September 10, 1963 Board of Appeals Town Office Building Lexington Mass - 02173 Attn: Mr. Nickerson, Chairman 9-9-63 n ,Dear Mr. Nickerson: Thank you for your letter of Aigust 14 in regard to your proposed ' amendment to the Zoning By-law with reference to roadside stands. Previously to the receipt of your proposal the Planning Board had drafted one of its own, concerning which the Board would appreciate receiving your comments. The Planning Board's draft reads as follows: "To permit the owner of a farm to maintain on that farm a stand for the sale only of farm products at retail provided that an adequate provision for off-street parking for customers of that stand be maintained. Any such permit shall contain the condition that by dollar volume at least two-thirds of the products so sold be produced within the town on farms operated by the person maintaining the stand." Sincerely yours, LEXINGTON PLANNING BOARD /s/ Irving H. Mabee, Chairman September 10, 1963 Lexington Board of Appeals Town Office Building Lexington 02173, Mass. Gentlemen: Reference is made to the petition of H. I. Currier for a variance in accordance with the notice of the hearing dated August 22, 1963• The Planning Board wishes to be placed on record as being; opposed to the granting of this petition. The Board calls your attention to its position in this matter as set forth in its letter of June 10, 1963. A copy of this lette which was sent to you at this time is attached herewith for inclu- sion in your file in this case. As stated in this letter, the Planning Board is opposed to the extension of buildings now stand- ing on the Countryside property. The Planning Board would, however, support a petition for a variance to maintain the Countryside park- ing area which is located on land zoned for single family residen- tial use and which is presently being used for parking in violation of the Lexington Zoning By-law. It is the Planning Board's opinion that in the public interest the existing cellar hole would best be used by filling it and using the area for much needed parking pur- poses. Yours very truly, LEXINGTON PLANNING BOARD /s/ Irping H. Mabee, Chairman --------------- 9-9-63 -7- September 10, 1963 Board of Appeals ' Town Office Building Lexington 02173 Mass. 1 Gentlemen: Re: DiRocco Petition- Dunham Street Reference is made to the petition of Anthony J. DiRocco to erect a house on Lot 2 on Dunham Street, said petition to be heard on September 10 by your Board. The Lexington Planning Board wishes to be placed on record as being opposed to the granting of said petition. This Board has found no evidence that so-called ttDunham Streets' was ever constructed to the specifications of the Board of Survey in accord- ance with the plan entitled "Plan Showing Proposed Street Over Land of Steve Trebino Lexington, Mass.'?., which bears the approval of said Board in 1925. Until very recently the portion of this unaccepted street in front of Lot 2 was sod and weeds. Today the exposed surface of the soil in front of this lot indicates no gravel base was ever laid down as part of any construction. In a letter, dated October 15, 1962, to the Board of Selectmen the Planning Board supported a petition of Mr. DiRocco and others by re- questing that Dunham Street be laid out as a town way. Because of higher priority in the case of other streets, it is underatood that the Selectmen deferred this laying out. It is understood also that Mr. DiRocco has agreed to t1black top's at his own expense Dunham Street if the Board of Appeals grants his petition. In the absence of evidence to the contrary the Planning Board does not know whether Mr. DiRocco has any rights in the land of Steve "fi±ebino to undertake any construction. Should Mr. DiRocco do so, it is the opinion of the Planning Board that the orderly processes provided by the statute for the layout and acceptance of streets by the Selectmen and the Town Meeting and the layout of streets by the Planning Board under the Sub- division Control Law will be defeated for all practical purposes to the extent that ways not conforming to town construction standards and not providing proper utilities are allowed to be built upon. Yours very truly, LEXINGTON PLANNING BOARD /s/ Irving H. Mabee, Chairman August 29, 1963 Irving H. Mabee, Chairman Lexington Planning Board Lexington 73, Massachusetts Dear Irving: Re: Tax Title Lots 22-28 Marvin Street Reference is made to your letter of July 26, 1963 to the Board of Selectmen, and particularly to the fourth paragraph in which you state that, unless the conveyance can be made in such way that the fee 9-9-63 IN to the middle line of those portions of Marvin Street on which the , lots abut is included with the lots conveyed, the intent of the Planning Board's recommendation would not be followed. If the'76wn acquired the fee in those portions of Marvin Street, it follows that the owners of the land on the opposite side of Marvin Street from lots 22 and 23' ibably acquired a right over ro the whole of that portion of Marvin Street on which lots 22 and 23 abut. In addition, it is doubtful whether the record will disclose if other persons have acquired rights of way in Marvin Street from the northerly boundary of lot 22, as extended into Marvin Street, to the southerly end of MarvinStreet. If I find that the Town did acquire the fee in those portions of Marvin Street in question, I believe that the restriction should provide; 11. . . said lots 22 through 28, inclusive, together with those portions of Marvin Street on which said lots abut, insofar as the grantor has the right to convey the fee to the same, subject, however, to the rights, if any now existing, of owners of other lots on said plan to make any lawful and customary use of said portions of Marvin Street, and lot 1 as shown on plan entitled TTPlan of Land in Lexington, Mass.", dated March 26, 1963, recorded in said Deeds as plan No. 1003 of 1963, are to be combined into one lot . . . ." Before undertaking substantial additional work to determine the owner of the fee in Marvin Street, I would appreciate your reply as to whether t)ie foregoing would satisfy the intent of the Planning Board in recommending the sale. Sincerely yours, /s/ Donald E. Legro DEL/k September 10, 1963 Mr. James Taurasi, Trustee Pond Realty Trust, 1260 Massachusetts Avenue Arlington 02174, Mass. Dear Mr. Taurasi: Reference is made to the conference you and Mr. Nylander held with the Planning Board at its meeting on July 29, and your request for an informal opinion in regard to the sketch plan Mr. Nylander had prepared, said plan being entitled "Country Club Manor Proposed Sec- tion Two Lexington, Mass.", dated April 30, 1962. After due consideration the Board has decided to abandon the idea of ' 9-9-63 100 Worthen Road as shown on said plan. The Board recommends instead that the plan prepared by Mr. Nylander be modified by extending Vaille Avenue, using a right-of-way width of 50 feet, so as to con- nect with Augustus Road. cc: Mr. Nylander 1 Yours very truly, LEXINGTON PLANNING BOARD /s/ Irving H. Mabee, Chairman