HomeMy WebLinkAbout1956-01-161
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PLANNING BOARD MEETING
January 16, 1956
A regular meeting of the Planning Board was held
in the Town Engineerfs Room, Town Office Building, on
Monday, January 16, 1956 at 7:30 P.M. Chairman Adams,
Messrs. Abbott, Grindle, Hathaway, Irwin and Jaquith,
Mr. Snow, Planning Director, and the secretary were
present. Mr. Stevens, Town Counsel, was present from
9:10 to 9:40 P.M.
Mrs. Anne H. Milliken presented a bill for $10.62 BILL
for secretarial services. It was moved, seconded and
unanimously voted that the bill be paid.
The Board endorsed the definitive subdivision SUBDIVISIOt
plan entitled "Plan of Lots in Lexington -Mass. owned EXTENDING
by Dianne Estates, Inc. - 34 Revere St., Lexington", LIBERTY AVP
dated Oct. 19, 1955 and approved on December 20, 1955.
Consideration was given to notices of Board of
Appeals hearings to be held on January 17, 1956. In
regard to the Michelson petition, the Board decided
to reiterate its position taken in its previous let-
ters to the Board of Appeals, to be placed cin record
as being opposed to the granting of the petition and
to emphasize that, in its opinion, public convenience
and welfare would not be substantially served by the
granting of said petition.
In regard to the Miller petition for a Liberty
Mobile Home, it was decided to inform the Board of
Appeals that in the preparation of the Lexington Zon-
ing By -Law and its subsequent provisions, the Plan-
ning BBoard had intended that house trailers not be
permitted, that it felt inclusion of trailers in
residentlil districts tends to depreciate the value
of neighborhoods, that it wished to be placed on
record as being opposed to the granting of the peti-
tion and that, in its opinion, public convenience
and we;fare would not be substantially sbrved by
the granting of said petition.
The notices of Board of Appeals hearings to be
held on January 31, 1956 were also take$ under con-
sideration. It was decided to take no action on
any petitions to be heard.
BOARD OF
APPEALS
HEARINGS
PRELIMINARY At 7:55 Mr. Antonio Busa and two sons and Mr.
PLAN -- BUSA Joseph W. Moore met with the Board for an informal
SUBDIVISION discussion regarding the "'Preliminary Plan of the
Lands Owned by Antonio Busa in Lexington, Mass.",
dated January lei, 1956.
Speaking for the Board, the Chairman mentioned
the fact that it was interested in having the Town
acquire a section of the proposed subdivision for
a playground, this being the former Daley tract of
about 7.7 acres.
Mr. Busa asked if all this land was needed and
why now, after he had purchased it, when it -had been
available for years. He also asked why the gravel
pit on Massimilla's land could not be used for a
playgroup and pointed out that he intended to use
the hill n the former Daley tract for fill needed
on the to er land he intended to develop.
In r ply it was stated that the Board recog-
nized that a complete study of the town's needs in
regard to park and playground areas should have been
made a nu ber of years ago batt that this was being
und6rtakea now by the Board's Planning Directors
that the rormer Daley tract was the only area in the
neighborhood -- in the Board's opinion -- available
and°at the same time adaptable for playground use and
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that such an area was badly needed. It was thought
that a playground would increase the value of the
Busa property for residential development. It was
further noted that the Massimilla land was too low for
a good playground, would be too expensive to develop
and was not as readily accessible to the greater por-
tion of the neighborhood.'
The question was raised as to whether Mr. Busa's
greater concern was the loss of the land or the lose
of the fill, in reply, it was stated that it was
both, that the2Busa's had spent a year working on
the project and expected to obtain at least five
years of living in developing the land. The Board
thought that the Busas could use some of the former
Daley land for fill, the principal -concern being
that of the Town acquiring the necessary land for a
playground.
The Chairman suggested that the subdivision plan
be left with the Board to study and that the matter
of a playground could be worked out to the advantage
of everyone. Messrs. Busa and Moore left the meeting
at 8:25 P.M.
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At 8:35 Mr. Harold Michelson: and son and Mr.
Bateman, Chairman of the Board of Selectmen, met
MICHELSON
with the Board to discuss the Michelson petition
BOARD OF
for a variance of the Town Zoning By-Law,in order
APPEALS
to erect an addition to the Michelson store.
PETITION
Mr. Michelson stated that he understood the
Board had gone on record as being opposed to the
granting of his petition and asked if that opposi-
tion was still in effect now that the municipal
parking lot on which his store abuts had been re-
marked.
Summarizing the lengthy discussion, it was
stated that the $oardts basis of objection to the
granting of the petition was one of principle and
it had designed a parking area providing for a
traffic land around the perimeter of the area giv-
ing access to the area itself for customer parking
and to each privately -owned lot for the purpose of
providing for private parking and a rear off-street
loading zone on said lots.
It was further stated that if Mr. Michelson
were allowed to build to the property line, then all
the property owners and tenants should be allowed
to do the same and that if this were done, the pur-
pose of the,parking area would largely be defeated.
It was also pointed out that the parking area was
not completed and that present remarking of the
pavement was only temporary.
The matter of a rear yard 10 feet Ind epth in
a General Business District was also discussed, it
being noted that the Rybaeh property on which Mr.
Michelson was part tenant did not meet this require-
ment. On looking at the Board's plans for the park-
ing area, it was pointed out that it had been the
Board's idea to sell to Mr. Ryebach about 20 feet
of the property the Town acquired from Smith and
thereby straighten out the parking area boundary
line. The Chairman pointed out that this had been
discussed with Mr. Ryebach and that he was interested
at the time. If he purchased what would be an addi-
tion to his property, it was noted that Mr. Michelson
and other tenants who wished to do so could add to
their stores and at the same time maintain the re-
quired rear yard 10 feet in depth. '
Mr. Michelson said that Mr. Ryebach had already
donated $10000.00 toward the cost of the parking lot
and that he did not like to ask him to purchase the
.and suggested. He asked if the PlAnning board would
make a proposal to Mr. Ryebach, Mr. Bateman said he
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would and left the meeting at 8145. -
The Michelsons left at 9:05. The Boarddecided '
to abide by its decision made earlier in the meeting
to oppose the granting of Mr. Michelson's petition.
Mr. Stevens arrived at 9:10 and entered into a
discussion concerning the following Form A applica-
tions submitted for determination of Planning Board
jurisdiction:
#56-1 , submitted on January 9, 1956 by Henry
E. Cronier; plan entitled "Compiled Plan of Land in
FORMS A Lexington, Mass.," Scale: 1" = 801, dated August 1,
1955, Miller and Nylander, C. Eels & Surveyors.
It was noted that in 1933 Mr. McLaughlin hied
to prove that the right of way from Marrett Street
to Lot B-2, now owned by Mr. Cronier, was a legal
way. Mr. Stevens felt that the only safe solution
to the problem was to rule that Planning Board ap-
proval was required in this case and to file a notice
of such determination with the Town Clerk. It was
then moved, seconded and unanimously
VOTED: That the plan accompanying Form A
application #56-1 requires Lexington
Planning Board approval under the
subdivision control law.
#56-2, submitted on January 16, 1956 by Lexing-
ton Sand & Gravel Co:, Paul M. Wagner, Jr. Pres.;
plan entitled"Land of Charles Linehan Estate at
Lexington",, Scale = 80, dated Mch 10, 19220 F. P.
Cutter, C. B., Lexington. This plan was copied from
a bliie print of the original by Miller and Nylander.
It was moved, seconded and unanimously,
VOTED: that the`plsn accompanying Form A
application #56-2be signed bearing
the endorsement "Lexington Planning
Board approval not required under
Subdivision control law"'.
The Board next discussed the subjects of articles
for which it wished to assume responsibility on the;
Town Warrant. The following topics were suggested
for submission:
1. Changes of street names. -
2. Options to include land acquisition for parks`
and playgrounds as well as for streets,
3. Historic districts legislation.
4. Worthen Road. '
5. Change in number of Planning Board members.
' Mr. Stevens left the meeting at 9:40.
Taken under consideration was a January 16, 1956
letter from the Selectmen in which the Planning Board
was asked to consider articles for the acceptance of
streets both under and not under the Betterment Pct.
It was moved, seconded and unanimously voted that a
letter be written to the Selectmen approving the pro-
posed acceptance of streets to be constructed under the
Betterment Act but only Mill Brook and Fiske Roads not
constructed under the Betterment Act because property
owners had not granted to the Town necessary easements
in subdivisions administered under the subdivision con-
trol law and because the Planning Board would like to
see a plan and profile of Allen Street before making
any recommendation in regard to said street.
The meeting adjourned at 10:10 P.M.
LSA �r
Charles T. Abbott
' Clerk
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STREET
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