Loading...
HomeMy WebLinkAbout1956-04-09PLANNING BOARD MEETING April 9,1956 A regular meeting of the Planning Board was held in the Town Engineer's Room, Town Office Building, on Monday, April 9, 1956 at 7:35 p.m. Present were Chair- man Adams, Messrs. Burnell, Grindle, Hathaway and Jaquith; Mr. Snow, Planning Director and the secretary. Mr. Stevens, Town Counsel, was present from 10:15 to 10:55 P.m. The Board approved the following bills presented for payment: John L. McAdams, mimeograph paper -47.00; BILLS Anne H. Milliken, secretarial services -47.50; Spauld- ing -Moss Company, drafting supplies -42.00. The following Form A applications were taken un- der consideration for determination of Planning Board jurisdiction: #56-24, submitted on March 30, 1956 by Ernest J. FORMS A Corrigan; plan entitled "Plan of Land in Lex- ington, Mass.", Scale: 1" = 40', dated Feb. 21, 1956, Miller and Nylander, C.E.'s & Surveyors, Lexington, Mass. #56-25, submitted on March 30, 1956 by Ernest J. Corrigan; plan entitled "Plan of Land in Lexin - ton, Mass.", Scale 1" = 40t, dated Feb. 10,195, Miller and Nylander, C.E.'s & Surveyors, Lex- ington, Mass. #56-26, submitted on April 9, 1956 by Harold E. Stevens for the Town of Lexington; plan entitled "Plan of Proposed Drainage Easement in Lexington, Mass:.", Scale 1" - 40', dated Jan. 11, 1956) Richard J. Gayer, Town Engineer. It was moved, seconded and unanimously VOTED: That the plans accompanying applications #56-242 #56-25, #56-26 be signed bearing the endorsement "Lexington Planning Board approval not required under subdivision control law". Mr. Burnell arrived at 7:45 P•m- The Board considered next Mr. Antonio Busats appli- cation for tentative approval of a preliminary subdivision plan dated March 9, 1956 and submitted on March 30, 1956. Mr. Snoi%, discussed with the Board his recommendation in regard to said plan. The Board also discussed the problem of acquiring for the Town for recreational purposes the so-called Daley tract which Mr. Busa had acquired recently. It was noted that Mr. Busa planned to develop said tract into 15 lots and that the Board wished to recommend the acquisition of land involving 9 lots or 3/5th of the area. Understanding that Mr. Busa paid about $3,000 for the land, did not wish to ask a price for the land and wanted the Board to make him an offer, it was decided that approximately $1,800 would be a fair price for the portion recommended for acquisition by the Town. PRELIMINARY SUBDIVISION PLAN - BUSA Mr. Busa and Mr. Joseph Moore who prepared Mr. Busals an met with the Board at 8:10 p.m. and were shown recommendations drawn on a print of the preliminary plan, said recommendations including the abandoning of existing A Street, leaving some of A Street as a water and sewer easement and ex- tending Albemarle Avenue. Mr. Busa said that if this was to be done, he thought the Town should pay part of the cost of constructing Albemarle Avenue from Rawson Avenue to the intersection shown on the plan. In reply it was stated that Mr. Busa and his son-in-law, Mr. Antonelli, owned to the center of A Street, an unaccepted way; that in order for this street to be accepted it had to be constructed properly, Messrs. Busa and Antonelli being assessed for such betterments; that in constructing Mr. Busa's proposed subdivision, drains and sewer would have to be laid in A Street to connect said subdivision with existing utility systems; and that it would not cost any more for him to construct the recommended exten- sion of Albemarle Avenue. The Board suggested that questions raised about size of utilities and connections with existing systems be referred to the Town Engineer. In answer to questions about street names and addresses, it was stated that Mr. Antonelli's future address would be Albemarle Avenue and that Mr. Busa might suggest other street names subject to the approval by the Board. Mr. Busa then asked if the Board had made any decision about his land the Board wanted the Town to have for recreation. He said he thought it was the Board's place to make him an offer. He added that he did not think the site was a good one to play upon and that there was left in Town very little good land to build upon and which at the same time had a view like this site. He said he had been interested in the 1 1 1 particular tract for some time, was planning on giv- ing up farming and entering the house construction field and planned to build on the site houses selling between $16,000 and $17,000. It was pointed out to Mr. Busa that a playground on the proposed site would be for the benefit of the Town and its children and of particular benefit to the people residing in Mr. Busa's development. It was also stated that in its general approach to a problem such as this, the Board has tried to make offers which it felt would not hurt owners financially but that the Board would not recommend purchasing land for what it was thought the land might be worth if developed. Mr. Busa wanted to know what the Board thought the land was worth. He stated that it would cost him a little less than $20 a linear foot to build a road including sewer, water and drainage and that when this was done some lots would be worth $6,000 apiece. When asked by the Chairman if he paid $3,000 for the land, Mr. Busa said he was not selling, the Board was asking and he was figuring on a rofit. When asked if he was thinking in terms of 10,000, Mr. Busa said he was. When also asked if he would want the land assessed for that, he replied that if the land were built upon he would be able to obtain three times this value, that ' he could plant and cultivate the land and not be assessed $10,000 and that he did not have to build upon the land if he did not want to. It was pointed out to Mr. Busa that he and the Board were looking at the matter in different ways, that the Board was considering the fair market value of the land as it was now, that as a taxpayer Mr. Busa would not want the Board to look at the matter in any other way and that he was talking of future profits which to- day the land does not have. Mr. Busa was told that the Board thought a town meeting would not act favorably upon a Planning Board recommendation that the Town pay $10,000 for the land under consideration and that a pro- fessional real estate appraiser would not place such a value upon the land. Mr. Busa said that this was true but that he was not trying to sell the land to the Board and was not interested in selling it. The Chair- man concluded the discussion by saying that the Board would consider the matter further. Mr. Busa asked about the procedure in having a definitive plan approved and the length of time neces- sary for each step. This was explained to him and Mr. Moore as well as the difference between a bond and a conditional approval contract as performance guarantees. When it was understood that Mr. Busa only wanted at this time to construct a section of street to service four lots, he was told to bring to the Board a plan which ' included just this much of his proposed development. Messrs. Busa and Moore left the meeting at 9:10 p.m. after which it was moved, seconded and unanimously 1 VOTED: that the preliminary subdivision plan en- titled "Preliminary Sub -division of Land (off Rawson Ave. and A Street, Lexington, Mass.)", dated March 9, 1956, submitted on March 23, 1956, be and hereby is approved subject to the condition that A Street and Albemarle Avenue be relocated substantially as drawn in pencil on print of said plan on file in the Planning Board office, copy of said modified plan to be sent to subdivider. SUN VALLEY At 9:15 p.m. Mr. George DeVries brought to the SECS. 12 meeting definitive plans for Section 13 of the Sun and 13 Valley development, a Form C application for approval of said plan, designer's certificate, application fee and a December 19, 1955 letter of approval of said plans from Mr. Burns, former Superintendent of Public Works. After discussing the plans.with the Board, ' Mr. DeVries requested that a date be set for a public hearing upon the application. It was thought that this could take place on April 30. The plans were taken under advisement. Mr. DeVries then inquired if the DeVries Con- struction Co. could change its performance guarantee in regard to the Sec. 12 Sun Valley definitive plan from a conditional approval contract to a bond. The Board agreed to such an arrangement provided the bond was secured by a deposit, either cash or certified check. It was suggested that three weeks be allowed for this to be done in order to give the Town Counsel sufficient time to prepare the necessary instruments for the company and Board to approve and sign. Mr. DeVries left the meeting at 9:30 p.m. at which time the Board discussed the action it had taken as individual members on April 4. 1956 with reference to Section 11 of the Sun Valley development. A major- ity of the Board had signed two instruments: one en- titled "Release of Restrictions" to be recorded in the Middlesex South District Registry of Deeds and regis- tered in the Middlesex South District Land Registration Office; the second entitled "Release of Conditions of Planning Board Approval" required by the Land Court en- gineer. It was moved by Mr. Hathaway, seconded by Mr. Grindle and unanimously 1 N 1 �I VOTED: to accept the agreement by DeVries Construction Co., Inc., dated April 3, 1956, to complete the construction of the ways and other improvements in Section 11 of Sun Valley by April 1, 1956, which agreement is secured by a certified check in the amount of $7500.00, and to release the lots in said Section 11 fran the restrictions set forth in the conditional approval contract, dated November 7, 1955, and to ratify and confirm the action of the majority of the Planning Board in executing instruments, dated April. 4, 1956, releasing such restrictions. Mr. Silva and Mr. Joseph Moore, civil engineer, met with the Board at 9:50 p.m. to obtain an informal opinion concerning several rough sketches Mr. Silva had prepared indicating various ways he thought Sunny Knoll Terrace could be extended for a distance of approximately 250 feet and so provide access for four more lots. Mr. Silva's inquiries in regard to his proposals concerned the need for a turn -around, its location and its diameter. 'It was pointed out to Mr. Silva that under the present subdivision rules and regulations dead-end streets shall not be longer than 500 feet, that Sunny Knoll Terrace was already that long and that dead-end streets permanently designed as such require an outside property line diameter of 120 feet. The Board suggested extending Sunny Knoll Ter- race past Mr. Watson's property through to Garfield Street and requested that the plans be left for the Board to consider further. Messrs. Silva and Moore left the meeting at 10:05 p.m. SILVA SUNNY KNOLL TERRACE SUBDIVISION Mr. Stevens came to the meeting at 10:15 at which time he discussed with the Board the application of ADAMS Louis M. Nystrom for approval of the definitive sub- ESTATES division plan entitled "Adams Estates Section Two SEC. 2 Lexington, Mass.". Mr. Stevens stated that he had found that the titled reference Mr. Nystrom had given on the application had nothing to do with any land in Lexington and that he had discussed the error on the application with Mr. Nystrom's attorney. Mr. Stevens suggested that the Board should find that the state- ments in the application are in error and the Board is unable to find that the aoplicant is the owner of the land. Whereupon it was moved by Mr. Hathaway, seconded by Mr. Jaquith and unanimously VOTED: that the definitive subdivision plan en- titled "Adams Estates Section Two Lex- ' ington, Mass.", dated Dec. 21, 1955, which was submitted to the Board by Louis M. Nystrom on February 27, 1956, accom- panied by an application for approval of definitive plan, Form C, dated January 10, 1956, be and hereby is disapproved f or the reasons that the statement on the application as to title is in error and that the Board is unable to find that the applicant is the owner of the land. COMPLETION Mr. Snow asked Mr. Stevens what action the Board OF WORK could take in regard to cases where the Board had ac - UNDER SUB- cepted a conditional approval contract as a perform - DIVISION ance guarantee and subdivision work had not been com- REGULATIONS leted within a year as agreed in Paragraph 6 of the Form C) application for approval of a definitive plan. Mr. Stevens said he thought the Board should take some action when the time work should have been completed had expired and that in such a case the Board had the rigght to rescind its approval of a sub- division plan. In cases where a bond had been filed as a performance guarantee and the bond mentioned ' liquidated damages, Mr. Stevens said that the Board can try a case and bring a suit against the subdivider for the sum of the bond. He suggested that Mr. Snow keep the Board informed of all those who have not completed work in the various subdivisions being developed so that letters could be written stating the work had not been completed. In cases where bonding companies are in- volved, letters can be sent to then as well as subdi- viders stating that unless something is.done to complete the necessary work, the Board will take appropriate action. FRISSORE Mr. Stevens left the meeting at 10:55 p.m. at which - time Mr. Snow asked the Board to reconsider its action BATTLE VIEW of the previous week in regard to its informal opinion PARK Mr. Frissore had requested of his proposal for a road between Laconia and Fifth Streets.- Mr. Snow had pre- pared several studies indicating possibilities for development of the area as a whole in order to deter- mine what he thought would be the most desirable de- velopment of Mr. Fri'ssore's property in relation to adjacent parcels of land. As a result of these studies, he suggested a road relocation on the print Mr.'Frissore had submitted. To accompany the print Mr. Snow also prepared for :the Boards consideration'a letter addressed ' to Mr. Frissore and dated April 9, 1956. The Board approved the letter and it was signed by the Chairman. RECREATION The Board considered next the preliminary plan of AND SCHOOL Techbuilt to extend the Middle Ridge subdivision. Dur - SITE ing the discussion Mr. Snow said that he had examined the George Andrews, John Smith, George Wilkins, and ' Hennessy properties and had included them with the "paint mine" area as a proposed combined site for a town park, neighborhood playground and elementary school and would like the Board to consider action on this project at a later date. After a detailed discussion of Techbuilt's pro- posal, it was moved by Mr. Grindle, seconded by Mr. Hathaway and unanimously VOTED: that the preliminary subdivision plan en- titled "Plan of Proposed Lotting in Lex- ington, Mass.", dated Feb. 24, 1956, sub- mitted on March 12, 1956, be and hereby is approved subject to the following con- ditions: (a) that a proposed system of storm drainage of the subdivision be filed and approved in writing by the Superintendent of Public Works before any definitive plan of subdivision is accepted; (b) that a turn -around be provided at the end of Turning Mill Road abutting the land now or formerly of Raymond and Gaetana Carchia; (c) and that a written state- ment from the Boaston Edison Company be provided the Board stating that Tech - built is in no way infringing on Edison's easement rights in crossing said easement with a road. The Board likewise considered Mr. Corrigan's pre- CORRIGAN liminary plan for subdividing the former Burgoyne SUBDIVISION property. It was moved by Mr. Jaquith, seconded by Mr. FORMER Grindle,and unanimously BURGOYNE PROPERTY VOTED: that the preliminary subdivision plan entitled "Proposed Subdivision and Street Plan and Profile of Land in Lex- ington, Mass.", dated March 1956, sub- mitted on March 30, 1956, be disapproved for the reasons that the plan does -not comply with the Lexington Subdivision Rules and Regulations in that the pro- posed road does not have any storm drainage, has insufficient leveling area at North Hancock Street intersection and has too steep a grade. The Board examined the request of Mr. H. S. B. PEACOCK White, representing Ben Franklin Homes, for an in- FARMS formai opinion in regard to his proposal for extend- ing,Peacock Farms Road and subdividing the remaining undeveloped land of Peacock Farms. The Board had no objections in regard to the plan submitted. ' FITZGERALD Considered also was Mr. Fitzgerald's request for the Board's informal opinion in regard to his proposal DEWEY ROAD to subdivide the former Goodfellow land on Grove Street E%TENSION and to extend Dewey Road as shown on a plan. The Board decided to approve the scheme subject to the con- dition that Mr. Fitzgerald obtains rights to travel over Gould and Dewey Roads and from Techbuilt rights to drain surface water from a portion of Dewey Road onto Techbuilt's land. BOARD OF The Board considered Lexington Board of Appeals APPEALS notices of hearings to be held on April 17, 1956 and also a Waltham notice of a hearing to be held on April 11, 1956 in regard to re -zoning from residen- tial to limited commercial use an area bounded by Smith Street., Trapelo Road, Route 128 and the Lexing- ton -Waltham boundary line. It was decided to take no action on the petitions to be heard. The Board approved the draft of�a letter had been prepared for its consideration, dated 1956 and addressed to the Selectmen requesting they notify the Planning Board of any possible tax title or other town -owned property before is consummated. (See letter attached.) Chairman Adams reported on two telephone had received from Roland B. Greeley concerning latter's proposals that the Town purchase all now available in Lexington, a program which h would cost the Town approximately one million The meeting adjourned at 11:x.5 p.m. Levi G. Burnell Jr. Clerk whi ch April 10, that sale of such sale calls he the vacant land e believed dollars. April 10, 1956 Board of Selectmen Town Office Building Lexington 73, Mass. Gentlemen: Reference is made to this Board's letter of Sept. 7, 1955 r L 1 and your reply of Sept. 12, 1955 in regard to the sale of tax title and other town property which might have possible use for recreation purposes. In your letter you indicated that,the Planning Board would only be interested in land for recreational purposes. After further consideration of this matter the Board feels that it might be interested in any tax title lots being sold regardless of size or location. The Board would, therefore, appreciate that you send it notice of any possible sale of tax title or other town owned property before such sale is consummated. This request is being made for the following reasons: 1. At present this Board's recreation studies are only in the form of notes and rough maps. Before publishing its recommended recreation plan, the Board wishes to complete and correlate its neighborhood plan studies. The Board also believes it should negotiate for and, if,possible, obtain options on land in order to avoid speculation, inflated land values and high costs to the Town. 2. In a number of instances it may be desirable to develop fairly good existing and proposed sites into better ones through the expansion of an area, the gain of a better access, or provision of access where none is available now. It may also be possible to do this without direct purchase by exchanging now privately owned for tax title or other town lands even in instances where individual lots have an area much too small to be used for recreation in themselves. This is one reason why the Board would like to have the opportunity to recommend the retention of certain town -owned parcels should it feel that these could be used to the advantage of the town for other than building purposes. 3. The Board has noted that there are a number of larger parcels of land which serve as potential residential developments but which are not now being considered because there are house lots between the parcels and nearby streets. It is thought that it would be to the best interests of the Town if properly -located vacant lots, either privately or town -owned, could be retained as parcels only to be used as access into back land useable. for development. It is for this reason also that the Board'`would like to be able to review the matter before any possible future sale of tax title or other town -owned property. As soon as it can fit such work into its present schedule, the Planning Board will prepare a map indicating ' where it recommends lands be acquired, retained or exchanged for recreation or street access purposes. When this is com- pleted this Board would then like to meet with the Select- men to discuss these recommendations. Very truly yours, LEXINGTON PLANNING BOARD /s/Alan G. Adams, Chairman