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5-19-5a -2- PART OF LIBERTY HEIGHTS ANN 'ST. - DeFELICE PHEASANT GARDENS BIA CK PROPOSED SUN VALLEY RECREATION AREA Attention was called to Mr. Frank DeFelice's request for the return of a $700.00 check which he had deposited with the Town Treasurers said check securing his obligation in the form of a perform- ance bonds dated April 14, 1958s and of the Board of Appeals denial on April 29s 1958 of Mr. DeFelice's petition for a variance in regard to his subdivision of land fronting on Ann Street. It be- ing thought that the best way to take care of the matters the Town Counsel had prepared a form to be executed by Mr. DeFelice requesting rescission of the Planning Board vote approving his subdivision plan. Said form was read to the Boards particular note being taken of the provision by which Mr. De - Felice would authorize the Board to destroy the plan. Mr. Stevens explained that this provision seemed necessary so there could be no question here- after of there being any possibility of a proceed- ing being brought to have the plan delivered to Mr. DeFelice under the theory that by rescinding the approvals the Planning Board left itself in the position that having taken no action there wass therefores an automatic approval. Further consideration was given to Mr.and Mrs. Black►s application for approval of their defini- tive subdivision plan entitled "Pheasant Gardens Lexingtons Massachusetts % and dated February 17, 1958. The issues raised at the public hearing on said application were discussed as well as the deed wherein William C. and Elinor H. Martin of ?7 Bloom- field St. purchased from Walter G. Black on March 2s 1942 Lot 15 shown on plan prepared by Lewis and dated April 27s 1927. (see Minutes of May los 1958 meeting.) After due consideration Mr. Snow was asked to advise the Blacks that upon filing with the Planning Board a properly executed bond in the sum of $14s000.00s the Board would be in a position to approve their application. With reference to the Proposed Sun Valley recreation areas the Board reviewed with Mr. Snow and Mr. Stevens the minutes of the Boards March 3s 1958 meeting and the plan to which reference was made in said minutes. Mr. Snow reported that on several occasions he had reviewed the whole matter with Mr. DeVries with what Mr. Snow con- sidered were unsatisfactory results. He said that Mr. DeVries confirmed the fact that Lot 187, shown on the "Section Fifteen of Sun Valley" subdivision plans plus additional land shown on the Sept. 1957 plan prepared by Robert G. Vannes had been sold to Fred G.sJr. and Marie J. Benkleys and that Lot 188 PART OF LIBERTY HEIGHTS ANN 'ST. - DeFELICE PHEASANT GARDENS BIA CK PROPOSED SUN VALLEY RECREATION AREA