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HomeMy WebLinkAbout1956-01-16 r II PLANNING BOARD MEETING January 16, 1956 A regular meeting of the Planning Board was held in the Town Engineerts 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 SUBDIVISIOP 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 BOARD OF regard to the Michelson petition, the Board decided APPEALS to reiterate its position taken in its previous let- HEARINGS ters to the Board of Appeals, to be placed on 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 Board had intended that house trailers not be permitted, that it felt inclusion of trailers in residential 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 welfare would not be substantially served by the granting of said petition. The notices of Board of Appeals hearings to be held on January 31, 1956 were also taken under con- sideration. It was decided to take no action on any petitions to be heard. 1 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 16, 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 q P P e Daley a playground, this being the f ormer al y tra t c 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 playground and pointed out that he intended to use the hill on the former Daley tract for fill needed on the lower land he intended to develop. In reply 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 number of years ago batt that this was being undertaken now by the Board's Planning Director, that the former Daley tract was the only area in the neighborh)od -- in the Board's opinion -- available ' and at the same time adaptable for playground use and 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 loss of the fill. In reply, it was stated that it was both, that the Busa'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 Tawn 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. 1 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 Board's 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 in d 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 $1,000.00 toward the coat of the parking lot and that he did not like to ask him to purchase the .and suggested. He asked if the P1*nning board would make a proposal to Mr. Ryebach. Mr. Bateman said he 11 would and left the meeting at 8145. The Michelsons left at 9:05. The Board decided 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. E. 's & Surveyors. It was noted that in 1933 Mr. McLaughlin tiied 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, 1922, F. P. Cutter, C. E. , Lexington. This plan was copied from a blue print of the original by Miller and Nylander. It was moved, seconded and unanimously VOTED: that the plan accompanying Form A application #56-2 be 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 . IIMr. Stevens left the meeting at 9:40. Taken under consideration was a January 16, 1956 letter from the Selectmen in which the Planning Board STREET was asked to consider articles for the acceptance of ACCEPTANCES streets both under and not under the Betterment fict. 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. Charles T. Abbott Clerk