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1974-05-21
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1974-05-21
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Zoning Board of Appeals
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Zoning Board of Appeals
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BA-1 to BA-12, Board of Appeals Minutes, 1929-1985
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The Chairman said that he would read some of the letters. <br />I've read much of the content of the Building Inspector's letter. <br />I'll read Mr. Chase's letter. (Town Engineer) <br />Gentlemen: <br />We are in receipt of the plans for the subject project, however, you <br />should be made aware of the fact that both First and Second Streets are <br />classified as paper streets which in our opinion raises some serious doubts <br />as to the legality of the submittal. <br />In 1971, the Planning Board inquired of then Town Counsel, Donald E. Legro, <br />requesting guidelines in dealing with land abutting so-called paper streets. We <br />are enclosing herewith a copy of his reply to that letter. In brief Mr. Legro <br />states that these paper streets do not meet the definition of a street as defined <br />in the zoning by-law therefore no frontage exists and no lots could have been <br />created. <br />If such is the case and no streets do exist, then it is quite evident that <br />there are two options available to the developer. The first would be to go <br />before the Planning Board with a subdivision conforming to the subdivision con- <br />trol law or, secondly petition the Board of Selectmen acting as the Board of <br />Public Works to lay out the streets under the betterment acts which would re- <br />quire public hearings and Town Meeting action. <br />In any event, even if the above consideration is found to be incorrect, <br />and the streets are declared open to public travel, the developer would not <br />have the rights to the first sections of both streets since the right in fee <br />to the center line would be owned by the Feinsteins and Di-Benedettos in the <br />case of First Street and the Eliades and Kruszenskis in the case of Second <br />Street. In order to construct those portions of the streets releases from <br />all four families would first have to be obtained. <br />Finally, this department does not find xerox reductions that have to be <br />pasted together suitable for submission of engineering plans for our review. <br />Any plans showing proposed site development should be submitted at much the <br />same size and scale as those required under the subdivision rules and regula- <br />tions. <br />Should you have any questions concerning this matter, please do not <br />hesitate to contact us. <br />' Yours very truly, <br />/s/ James E. Chase, P.E. <br />Town Engineer <br />Lexington Housing Realty Trust Hearing (continued) <br />-13 <br />' <br />Frances Movsessian, 17 Webb St.: I live on Webb, the <br />third <br />house <br />in. In the <br />past few years there have only been 6 new homes on Webb St. <br />and 2 <br />new houses <br />on Young St. There is a notable difference in traffic <br />that <br />I can <br />notice, <br />whether it be deliveries or traffic or what have you. <br />It's <br />very <br />tolerable <br />but I cannot envision what it would be like to have 44 <br />more <br />home <br />owners in <br />that area. Thank you. <br />The Chairman said that he would read some of the letters. <br />I've read much of the content of the Building Inspector's letter. <br />I'll read Mr. Chase's letter. (Town Engineer) <br />Gentlemen: <br />We are in receipt of the plans for the subject project, however, you <br />should be made aware of the fact that both First and Second Streets are <br />classified as paper streets which in our opinion raises some serious doubts <br />as to the legality of the submittal. <br />In 1971, the Planning Board inquired of then Town Counsel, Donald E. Legro, <br />requesting guidelines in dealing with land abutting so-called paper streets. We <br />are enclosing herewith a copy of his reply to that letter. In brief Mr. Legro <br />states that these paper streets do not meet the definition of a street as defined <br />in the zoning by-law therefore no frontage exists and no lots could have been <br />created. <br />If such is the case and no streets do exist, then it is quite evident that <br />there are two options available to the developer. The first would be to go <br />before the Planning Board with a subdivision conforming to the subdivision con- <br />trol law or, secondly petition the Board of Selectmen acting as the Board of <br />Public Works to lay out the streets under the betterment acts which would re- <br />quire public hearings and Town Meeting action. <br />In any event, even if the above consideration is found to be incorrect, <br />and the streets are declared open to public travel, the developer would not <br />have the rights to the first sections of both streets since the right in fee <br />to the center line would be owned by the Feinsteins and Di-Benedettos in the <br />case of First Street and the Eliades and Kruszenskis in the case of Second <br />Street. In order to construct those portions of the streets releases from <br />all four families would first have to be obtained. <br />Finally, this department does not find xerox reductions that have to be <br />pasted together suitable for submission of engineering plans for our review. <br />Any plans showing proposed site development should be submitted at much the <br />same size and scale as those required under the subdivision rules and regula- <br />tions. <br />Should you have any questions concerning this matter, please do not <br />hesitate to contact us. <br />' Yours very truly, <br />/s/ James E. Chase, P.E. <br />Town Engineer <br />
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