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HomeMy WebLinkAbout1965-03-04C PLANNING BOARD HEARING March 4, 1965 The Lexington Planning Board held a public hearing on Thursday, March 4, 1965 in Estabrook Hall, Cary Memorial Build- ing on the proposal to see if the town will vote to amend the zoning by-law by adding a new subparagraph c. in paragraph 3. of subsection (d) of Section 5 thereof as follows: "c. In the C 2 districts described in paragraphs 2, 3, 4, and 7 of subsection (d) of Section 4 of the Zoning By -Law, apartments each having independent cooking facilities and not more than 500 square feet of floor area, on either the second or third floors, or both, of buildings of first class construction designed and used for stores, offices, and other permitted commercial uses on the first floor. At least one readily accessible offstreet parking space not less than 200 square feet in area and not less than 10 ft. in width for each two apartments shall be provided on the same lot with the apartments. Present were Chairman Bryson, Members Campbell, Fowle, Greeley, and Riffin; Secretary Macomber; also approximately 100 interested citizens. Chairman Bryson opened the hearing at 8:00 p.m. and ex- ' plained the usual procedure, stating that the meeting was for the purpose of obtaining information and not for debate. He explained that this article was put in by the Planning Board at the request of the Selectmen, that it is connected with Articles 65-69 on the warrant which are in reference to the widening of Mass. Ave. Art. 17 is put in by the Planning Board asking for an appropriation to make a study of the Central Business District. If the widening of Mass. Ave. does go through this study should be done at once be- fore new facilities go in as a result of the widening. Read was a part of the report of Mr. Kolovson, chairman of the committee to consider the revitalization of Lexington Center. The use of apartments would not be in compliance with present policy which is to exclude residences from the center. Lincoln Cole: As I stated last night the Board is primarily con- cerned with the widening of Mass. Ave. and doing it as reasonably as possible. We can keep within our original estimate of $250,000 if the article is passed. If the article is not passed we are talking in the neighborhood of $40,000 more to widen. I think basically this states our position. If the Town wishes to do this and pay the extra money this is fine. I would recommend the zoning passing and getting it for the better figure. This is the Board of Selectmen's feeling. Ernest Giroux, Trustee of the Minute Man Park Realty Trust: After last night's meeting at the High School there are a few things we 3-4-65 -2- would like to clarify and can to some extent by reading copies of letters we have written to the Planning Board in February and ' to the Selectmen in March. (Read letters. See addenda.) We planned to buy this property in 1962 when we were informed it would be sold. We were interested in it for numerous reasons and started talking about what we would do with it -- we didn't do it casually. There are certain things you can do with any property in a commercial area. You can have stores and offices and you can have offices on 2nd and 3rd floors. The market for office space in a town like this is very good. Most of the better commercial business is in the center. This may change over the years as we cannot predict. Depends somewhat on the future of the electronics business. It was not a good invest- ment to build a building in 1962 or 1963 with two or three floors of office space. We thought of other things such as a motel havine in mind the opening of the park in about 10 years. This property is going to be worth money some day. We decided that there was a need for these efficiency apartments, there is nothing like this in Lexington. We still think there is a need for it. The location is different than other property in the Center. We have Depot Square on one side and the Battle Green area and Buckman Tavern on the other. It would be a good loca- tion for this - central location and three or four blocks from the Center. We are talking in terms of a building demolished. Obviously anything we put on this land is goi rg to have to bring some return. Three stories is going to be very close. We could not build with two stories and do anything with it. This is an economic fact. Cole: If I had read that. letter I certainly would not have with- held it. I have not read it. Giroux: I am sorry. Keep in mind that we are in no warp involved with the Hunt block. Last night several references were made to this and the Hunt block. Our situation has nothing to do with this. We made an agreement with the Town last fall in regard to the widening of Mass. Ave. which we think is a very fair one for the Town. We cannot compete with the Niles Co. on Worthen Rd. We felt there was a need for small type apartments. They would be 13 ft. wide x 27 ft. deep. They have them in Cambridge and Greater Boston. Bryson: At the time you were considering these properties in 162 or 163 I believe it was quite clear three stories were not covered in the zoning by-law. The by-law is very clear that apartments would not be allowed after demolishing the building there now. Giroux: We didn't know this was so. We were going to . . . Greeley: You said that the efficiency apartments were 365 sq.ft. Do you give a figure for the 1 -bedroom apartments you had planned? Giroux: Yes. They would range not more than 600 sq.ft. as we have ' discussed it. The reason I mentioned the 730 sq.ft. (mentioned in 3-4-65 -3- the letter previous read) is that if we wished to combine two ' efficiency units into one larger apartment it would have double the efficiency unit area or 730 sq.ft. and in comparison to the Battle Green 1 -bedroom apartments. ? How many apartments in the present building? Giroux: 48 rooms, broken down into 9-10 apartments. ? Have you any idea what that would be if converted into 50 apart- ments? Giroux: They would be very small, even less than 365 sq.ft. G. Baker: Does this mean apartments in this C 2 district or in all C 2 districts? Bryson: The article mentioned by the Board is in the Center only. Marjorie Battin: I believe this is a serious legal question as to whether you can allow apartments in some C 2 districts and not in other C 2 districts. An exception must apply to all districts of a particular class. There is a question if the Attorney General would approve. Bryson: We talked with Town Counsel and he said he would not have ' put it in the warrant if he thought it would not be passed by the Atty. General. ? Has Mrs. Battin just cut this out of whole cloth? M. Battin: No. I talked with legal counsel. Four have been con- sulted. All feel this is a very serious legal point. It would have to be applicable to all districts and this is an exception. E. Weiss: We have been hearing for a long time people who come in for change of use from residential to commercial.. Here we are hav- ing a request to permit residential use in a business district. It seems very strange. There is not enough business area in the town and tremendous pressure on residential areas. It seems unwise to pick space suitable for business and permit other than business use in it. I think it is an unwise article. How about conflict of in- terest? Martin Small: I did have a question but now I am in opposition. It seems inconceivable that the agreement made last fall to swap land at the Central Block was made without knowledge of this condition. Otis Brown: On behalf of the Trustees, we did know there was some question about apartments. However we were willing to go ahead and clear the property with the hope that in time we would be able to ' put in apartments on the second.and third floors. We said we hoped to remove this building and replace it. The previous owner wanted to be paid. We said we would be happy to make the exchange. We 3-4-65 -4- still feel this is a good thing for the town and we knew this when we bought it. We wrote Town Counsel asking him to whom we should speak to see how we should go about getting a variance. This was never answered. Mrs. Bayle: This was intended to be a fairly rapid study so it would be of help. Jack Mitchell: I am in opposition. 1. It does not seem logical to make residential use of land in commercial district. 2. 500 sq.ft. as a maximum is too small. 3. Restriction that only demands one parking space for every two apartments means that the Town will have to build parking space for half the apartments. This town requires parking spaces for every apart- ment. Eaton: Mr. Giroux mentioned studio efficiency type apartments. We have a problem of housing teachers. I talked with Dr. Fobert about this and he tells me only 25% of the teachers and school' administrators live in Lexington at the present time. He says they are not living here in the first place because they cannot find what they want, and they cannot afford to pay for it if they do. This location might be ideal. Want to ask if they have any idea as to the cost of rentals of such units if permitted. Whalon: Then you would not be able to go through demolition un- til January 1, 1966. I talked with Mr. Stevens concerning the status of this property and also the status of the other property Mr. Brown is interested in. This block presents a similar prob- lem. Both of these buildings will be in some manner or other demolished, rebuilt, or moved back and reconstructed so as to provide modern appearing structures. I was concerned over the necessity of there being an article to rezone this property in view of the fact that the zoning law does contain provisions in Sec. 10 for the expansion of existing non -conforming uses. I am not certain of the history but my understanding is that these buildings were at one time used consistently with the then zoning ordinance which permits apartments on top of stores and that some- ti-ne in the past the zoning ordinance was changed to remove from this district the right to have apartments over stores with the result that the apartments now there are non -conforming and may be permitted to continue as long as the building stands. What happens if you demolish it? Has any legal information been sought? Bryson: If 75% of the building is destroyed then it is considered a new building. In both cases this would be 100% demolition. Mr. Battin: If all the articles 64-69 should pass with the excep- tion of the zoning considered tonight we would then proceed to demolish the Hunt Block but apparently not remove the bottle -neck because the Central Block would continue to be a bottle -neck. Cole: It is Pty understanding there would still be the possibility of a land switch. 1 1 u 3-4-65 -5- ? If there were a land switch then the town would be able to ' take their portion of the land and it would mean destroying that building. What would be your plans to rebuild? What would happen then? Giroux: If we are not permitted to have apartments we would not take down the building next year. We would renovate it. Most of the income would come from the first floor and the r enovated apartments would not be desirable units. We would prefer not to do it. If we had to we would. Our rental schedule would carry the building only. We can improve the side which comes under the H.D.C. We would rather build a new building but if we can't we will raise our rents and give five-year leases, then it would be up to the town if they wish to proceed with the widening. At that point they would have to make some arrangement with the 1775 Trust. ? Under Art. 69 does this authority expire within one year or continue indefinitely? Cole: If we made a taking on this we would have to make a taking within 30 days after being authorized and make a settlement within 60 days. Mrs. Touart: What do you intend to do about the Baker property? Cole: All these properties are still in negotiation. Woodman: Has there been a swap of land as authorized a year ago? Cole: No. ? Is it binding to make this swap in accordance with the article as approved by the Town Meeting? Giroux: Keep in mind the article suggests that the building be removed. We are not forced to move the building. We have no in- tention of renovating it except to meet our investment. ? Nevertheless you mentioned what you would do if this article were not approved. You would renovate the building and mean to renovate it at its existing front. Giroux: Yes. Weiss: I was under the impression that the town had an agreement with this Minute Man Realty Trust for the land swap and that the purpose of the article was to enable the Selectmen to carry, out this agreement. Giroux: Keep in mind that we can do nothing with this property if ' we do not know what land we will have to build on. We would like to make it on an even swap basis if it were done. 3-4-65 I Me Weiss: I am talking about an agreement already in existence that we would be asked to approve the money for. ' Cole: There is no money involved. This will take effect upon tearing down the building. If the building is not torn down it will not take effect. ? How can the apartments compete with apartments in the other areas? Mrs. Hagedorn: I thought this was for the Central Block. I had a feeling this was mixed up with the Mass. Ave. widening. Fred. Conroy: Representing the trustees of 1775 Realty Trust - in answer to questions, they have no intention to have apartments. They have the right to have apartments and if the present building is taken down they should have this right in the new building also. They have no plans for apartments in the new building. Greeley: Do I understand the 1775 Realty Trust has no intention of building apartments but are asking $38,000 for the privilege to do what they don't intend to do? You told the Selectmen either you had the right or else you had to be paid $38,000. Conroy: The negotiations are still in progress. No agreements have been reached. ? Does the 1775 Trust have the right to demolish and rebuild with apartments over stores? Bryson: They do not. Mrs. Hagedorn: Did we ask for a legal opinion on this point? I think this Town Meeting should have a legal decision. May we have that opinion by Town Meeting? Bryson: We will try. ? I would like to suggest that on this particular set of issues the town meeting membgrs are confronted with more legal questions than we are as to what should be done for the Town. I hope we can get a summary of the legal part before the debate starts during the Town Meeting. Martin Gilman: Are there any other apartments non -conforming in C 2? Bryson: There are a few. M. Battin: There are 39 in downtown business, 16 in the buildings we are talking about - 39 in all. ' Whitman: Are there any non -conforming apartments in other C 2 dis- tricts? 1 1 1 3-4-65 -7- Weiss: We have some in C 1. Small: Is the figure $250,000 for the Hunt Block? Cole: No, this is the entire project exclusive of the apartments. Baker: How much for the road building? Cole: I believe we had $10,000 to $20,000.for actual widening. Mrs. Morey: It seems as tho Mr. Giroux said if they don't have this apartment house permissionthey will perpetuate that abomina- tion in the Central Block. I don't have the building laws here and I don't know to what extent this can go ahead and to what ex- tent the building code would allow them to continue without an expenditure that would be prohibitive. I think the cost of put- ting that building into condition to allow apartments on the third floor would be rather high: Giroux: We don't wish to indicate there is any threat involved, we are just being realistic. We have one lease that expires this year . Regardless of the condition of the property it is an excel- lent location. If we can give leases then they will be able to spend money themselves. I would like to renovate my office myself. We could give leases and survive until 1975 if we had to. Nickerson: About 15 years ago we had a fixe in that block. I think we all prayed it would burn down. It didn't. Specifically the owner was forced to make some repairs to his building. He was forced to do some electrical work. It was Mr experience at that time that these people can go ahead and do about whatever they want to with that building. You can't force them to take it down. It is lacking in all conveniences above the first floor. There being no further discussion the hearing closed at 9:25 p.m. si aw Planning Board Town of Lexington Massachusetts Gentlemen: Secretary February 23,1965 Relative to Article 64 in the current Town Warrant, I note that reference is made to a limitation of 500 square feet of space per 3-4-65 -B- apartment unit. This specified space is small for a one bedroom ' apartment, as the enclosed sketch of the Battle Green Apartments on Worthen Road will indicate. Their one bedroom apartment appears to comprise in excess of 700 square feet, not including storage or outside hallway areas. It is the hope of the Minute Man Park Realty Trust, of which I am a trustee, to erect a three floor building on the so-called Central Block site in Lexington Center with stores and offices on the first floor and apartments on the second and third. Projected plans call for fifty "efficiency" units of about 365 square feet each and six- teen one bedroom units. The apartments would be served by two ele- vators and parking would be in the basement. We can comply with the parking requirement of 200 square feet for each two apartments. It is our expectation that some of our apartment tenants will be attracted to our new building primarily because of the central loca- tion and will not have cars at all. It is unlikely that our units will be of interest to families with children. It is, of course, difficult to predict interest in efficiency units as opposed to the one bedroom apartment and it is possible that we may wish to increase the number of one bedroom units by combining the space now planned for two efficiencies, for a total area of approximately 730 square feet. This would definitely be the largest unit contemplated and it would contain no more than one bedroom. We shall be happy to discuss this matter with your Board at your ' convenience, should there by any questions regarding our plans which may be of interest to and in the best interest of the Town. Very truly yours, /s/Ernest A. Giroux, Trustee Minute Man Park Realty Trust March 1, 1965 Honorable Board of Selectmen Lexington, Massachusetts . Gentlemen; With certain articles relative to Lexington Center appearing in the current Town Warrant, present plans for the "Central Block" site may interest the Board at this time. This property was purchased in 196x3 by the Minute Man Park Realty Trust subject to one lease which expires this year. The lease has prevented the owners from proceeding with a new building as yet, but it is our hope that in 1966, after demolition of the oresent ' buildings and settlement of the land exchange to widen Massachusetts Avenue, we will be able to erect a three floor structure of Colonial 3-4-65 50 ' architecture with stores and offices on the first floor and small apartment units on the second and third. Parking for apartment tenants would be provided in the basement. It is expected that the majority of the apartments would be "studio" units, primarily of interest to teachers now living outside of Lex- ington and to single people or families with no children who wish to live in a central location within walking distance of all conven- iences. Some larger units would also be included, but in no instance with more than one bedroom. The cost of this project should be at least $750,000.00 and tax revenue to the Town should be four to five times that now derived. Improvement in appearance of the Center is obvious and, in this regard, we have met informally with the Historic District Commission on several occasions relative to exterior views of the new building. The Minute Man Park Realty Trust, which comprises six long -tune Lex- i.ngtom residents, has for over two years considered the best possible use of the Central Block site commensurate with a reasonable return on the investment involved. If, for any reason we are unable to proceed with our plans as outlined, we shall, before the end of this year, renovate the forty-eight apartment rooms in the main building and the ten stores and offices on Massachusetts Avenue and Depot Square and give long-term leases to first floor tenants. We trust, of course, that this will not be necessary. Very truly yours, /s/ Ernest A. Giroux, Trustee Minute Man Park Realty Trust 1