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HomeMy WebLinkAbout1956-06-18PLANNING BOM METING June 18, 1956 A regular meeting of the Planning Board was held in the Tann Engineer8s Room, Torn Office Building, on Nonday, June 18, 1956 at 7120 p.m. Present were Chairman Hathaway, Members Abbott, Adams, Burnell, Grindle &d Jaquith, Planning Director Snow, and the secretary. Mr. Stevens, Tam Counsel, and Mr. Gayer, Supt. of Public Works, were present also from 7545-8615 p.m. The Planning Board approved the following bills presented BILIS for payments Spaulding -Moss Co., reprinting Zoning By -laws -- $458.00; Adams Press, advertising -411.25; Adams Press, adver- tieing--$11.90; Foto Beam, Inc., white prints --$1.20; Bruce E. Howlett,professional services --$198.00; Anne H. Milliken, sec- retarial service -413.75• The following Form A applications were taken under con- FORMS A sideration for determination of PlatM hg Board jurisdictioni #56-14 (See Minutes of June k, 1956.) In regard to said application, it was reported that Mr. ' Groden, Mrs. Seabury's attorney, had no evidence to show that the plan acca panying said application did not require approval, but had stated that he did not see any reason why the Tam should not acquire Lots A, B, and C shown an said plan, except for a small part of Lot C Mrs. Seabury needed to swap for a similar parcel of land it was understood Mr. Grigor owned on the northwesterly corner of the intersection of Routes 2 and 128. #56-45, submitted by Murray G. Dearborn on June 18, 1956,. plan entitled "Plan of Land in Lexington, Mass. Belonging to Murray G. Dearborn", Scales 30 feet to an inch, dated June 4, 1956. C.W.Kitson,.3urveyor, 10 Kearney Square, Lowell, Massa In discussing the plan accompanying said application it was noted that so-called Stratham Road has no width, was a temporary driveway and is probably now a private way over which certain individuals have rights, the portion of Stratham Road upon which the proposed lots would front has no utilities and that Worthen Road also does not have utilities. After the discussing of the plans accomparWing said appli- cation it was moved by Mr. Jaquith, seconded by Mr. Grindle, and unanimously POTEDI that the plans accompanying Form A applications #56-44 and #56-45 be not endorsed on the grounds that they are subdivisions and that the plans re- quire approval under the Subdivision Control Law. Mr. Stevens then filed with the Board a band which he had drafted and which was signed by both Peacock Farms, Ino. and Con- structorts Properties, Inc. He further stAted that the latter corpora4 tion was.then in no position to take title to the land being sub- divided but expected to acquire title not later than July 20, 1956. Mr. Stevens said that if Constructors' Properties, Inc. acquire title. a new bond can be accepted and the old bond released. It appeared that all matters were in order, whereupon it was moved by Mr. Abbott, seconded by Mr. Grindle, and unanimously VOTEDs That the definitive subdivision plan entitled *Pea- cock Farms Section Four Lexington, Mass.", dated Apr. 17, 1956, which was submitted to the Board by Pea- cock Farms, Inc. and Estate of W. Danforth Compton on May 21, 1956, accompanied by an.application for approval of definitive plan, Foam C. dated April 17, 1956, be and hereby is approved. Messrs. Gayer and Stevens left the meeting at N15 p.m. At WO p.m. the Board held a public hearing relative to the application for approval as a subdivision property of Antonio Busa Mr. Stevens, Tam Counsel, and Mr. Gayer, Superintendent of ' Public Works, came to the meeting at 7145 p.m. OUTHET The Board then took under consideration the application of REALTY the Outhet Realty Trust for tentative approval of a preliminary TRUST plan submitted June 4, 1956. A copy of said plan had been given to the Supt. of Public Works with the request that he give the Board his opinion of the plan. Mr. Gayer presented a study plan prepared under his direction indicating the entire Outhet subdivision could be connected to a town sewer, lots 1 through 7 and 19 through 25 connecting to Lowell Street via Peartree Drive, lots 11 through 18 connecting through lots 145 and 146 of the Sun Valley development to Blueberry Lane. He asked if the Beard in some manner could with- hold approval of the plan until the Town obtained an easement acres said lots 145 and 146, constructed a sewer in said easement, and ex- tended the sewer at the Lowell -Maple Street intersection along Lowell Street and Peartree Drive. Mr. Gayer said that the matter had not been discussed With the Selectmen, but that he Would recomuend to them that the sewers be constructed partly under a betterment arrangement, and that an article be placed in the warrant for action by the Tam at the next special town meeting. Mr. Stevens stated that under these circumstances he thought the Planning Board would be within its rights in stating that before long a sewer would be available and that the Trust would have to put in a sewer in its subdivision. PEACOCK ' Read to -the Board was a letter dated June 12, 1956, from the FARMS State Department of Public Works stating that possible takings for SEC. 4 a proposed new maintenance building would not affect the proposed Peacock Farms,.Sec. 4 subdivision. (see addendum.) Mr. Stevens then filed with the Board a band which he had drafted and which was signed by both Peacock Farms, Ino. and Con- structorts Properties, Inc. He further stAted that the latter corpora4 tion was.then in no position to take title to the land being sub- divided but expected to acquire title not later than July 20, 1956. Mr. Stevens said that if Constructors' Properties, Inc. acquire title. a new bond can be accepted and the old bond released. It appeared that all matters were in order, whereupon it was moved by Mr. Abbott, seconded by Mr. Grindle, and unanimously VOTEDs That the definitive subdivision plan entitled *Pea- cock Farms Section Four Lexington, Mass.", dated Apr. 17, 1956, which was submitted to the Board by Pea- cock Farms, Inc. and Estate of W. Danforth Compton on May 21, 1956, accompanied by an.application for approval of definitive plan, Foam C. dated April 17, 1956, be and hereby is approved. Messrs. Gayer and Stevens left the meeting at N15 p.m. At WO p.m. the Board held a public hearing relative to the application for approval as a subdivision property of Antonio Busa 6/18/56 known as "Green Valley Sub -Division Section #11" the plan of said subdivision being dated April 23, 1956. Present were Messrs. Alfred and Antonio Busa, and Mr. Joseph W. Moore, surveyor. The Chairman read the notice sent to all owners of property abutting an said proposed subdivision and as published in the June 7, 1956 issue of the Lexington Minute- man. The Chairman explained the procedure to be tollZ;e07n oofding a hearing and then called upon the applicant to pre- sent his plan. Hr. Alfred Buss stated that the only question in re- gard to the plan had to do with A Street, an unaccepted street approved by the Planning Board, Board of Survey, in 1947. It was pointed out that A Street was to be abandoned as a Way and used in conjunction with an adjacent parcel of land as an easement for water, sewer and drain. It was ex- plained that the procedure followed is that the subdivider grants some of said easements to the Town before the Plan- ning Board endorses the subdivision plan, the Tarn Counsel drafting the instrument for this purpose. Mr. Antonio Buss. was asked who aped A Street. He replied that he and his daughter, Mrs. Antonelli, did. The Chairman asked if there were any other questions about the plan. Mr. Snow then pointed out that the temporary turnaroknd shown on the plan should be located beyond the limits of the proposed street. Mr. Moore said that where he had located it on the plan was where the town engineers told him to put it. The Chairman asked who wished to be retarded in favor of approving the plan. Messrs. Buss and Moore did. Mr. Alfred Busa asked what the Planning Board had de- cided about the area which had been previnnsly discussed as a proposed site for a playground. He was told that Mr. Antonio Buss would receive a carmmunication from the Board very shortly in regard to the matter. The hearing was declared closed at 8130 p.m. at which time Messrs. Busa and Moore left the meeting. GREEN VALLEY SEC. 1 HEARING At 8s35 p.m. the Board held two public hearings on the SUN VALLEY applications of DeVries Construction Co.,Ino.s the first, SEC. 3 for approval of a modification of a portion of its subdivl- - sion known as "Section Three Sun Valley Lexington, Mass. SUN VALLEY Owned by DeVries Construction Co.,Inc.x, pliminating as a SEC. 114 way a portion of Whipple Road extending northeasterly from _ Fiske Road; the second, for approval as a subdivision prop- erty of said corporation known as "Section Fourteen of Sun HEARINGS Valley, Lexington, Mass. Owned by.DeVries Construction Co., Inc." Present at the hearing were five people including Mr. George DeVries, Mr. Jack L. Radle of 3 Fiske Road, and Mr. Howard Scharfman of 23 Whipple Road. The Chairman read the hearing notice which was sent to all property owners abutting on the proposed modified por- tion of said Section Three and said proposed Section Fourteen, and as was also printed in the June 7, 1956 issue of the Lexington Minute- man. After explaining the procedure in Conducting the hearing, the Mirman called on the applicant to explain the proposals. Mr. DeVries stated that an the Section Three plan, Whipple Road continued in a tangent beyond Fiske Road whereas a curve in a northeasterly direction was needed to keep the better part of the land for house lots, to give proper alignment to the proposed exten- sion of Whipple Road to fulfill the above purpose, and to abut properly on Lot 96, a lot recorded earlier. Mr. DeVries pointed out that the relocation of Whipple Road northeasterly of Fiske Road was included in the plan for the proposed Section Fac rUm of the Sun Valley development. Mr. Sharfman stated dist he was concerned about the ledge in the proposed road, the blasting which would be necessary to remove this ledge, and the possible effect said blasting would have upon his house. Mr. DeVries stated that surface surveys did not indicate the extent of the ledge and that his company carried adequate insur- ance in case damages were caused in blasting operations. Mr Radlo asked if Whipple Road was to be extended beyong Lot 176. Mr. DeVries replied it was proposed to continue said road for several hundred feet and terminate the road as a permanent dead-end street. There being no further questions, the Chairman asked who wished to be recorded in favor of approving the application for approval of the definitive plan. lir. DeVries said he most certainly was. No one wished to be recorded as opposed to approval. Thereupon the hearing was declared closed at 860 p.m. The people attending the hearing, with the exception of Mr. DeVries.left the Planning Board meeting. SUN VALLEY The Board next took under consideration the application for SEC. 13 approval of the Sun Valley, Section 13 definitive plan. Mr. DeVries filed a Conditional Approval Contract as a performance guarantee for work to be done in said subdivision. It was noted that the Town Counsel had approved the contract as to form. All other matters appearing to be in order, it was moved by Mr. Adams, seconded by Mr. Grindle, and unanimously VOTSDs that the definitive subdivision plan entitled "Section Thirteen of Sun Valley, Lexington., Mass. Owned by De - Vries Construction Co., Inc.," dated October 26, 1955, which was submitted to the Board by DeVri.es Construc- tion Co., Inc. on May 7, 1956, accompanied by an appli- cation for approval of definitive plan, Farm C, dated 6/18/56 April 9, 1956, be and hereby in approved subject to the oc ndi ti& ` dist 'nb' lbt 'tn the subdivision 'shad` besold and ne"kilding shall_ bs erected or' placed cc any lot`"i&M the, ways and other im- provements required undo the rules Abid regula- time of the Board necessary to adequately serve such lots have been eagDleted to the satisfaction of the Boards In regard to Section Eleven of Sun Valley, the Chairman reported that the Board had received a letter, dated June 4, 1956, from the Superintendent of Public Works stating that the work requ4red of the subdivider in said Section had been com- pleted to his satisfaction; that the Total Counsel had re- ported that the required easements for water, sewer and'drain- age purposes had been granted to the Tom by the subdivider and duly recorded or registered; and that the subdivider had also granted to the Town the pipes and appurtenances installed in the water and sewer easements. Thereupon, upon motion made by Mr. Adams, and seconded by Mr. Abbott, it was unanimously VOTED: to release to the subdivider, DeVries Construe - tion Company, Inc., the $7500.00 that it had de- posited with the Town as security for the per- formance of its agreement dated April 3, 1956 to complete by July 1, 1956 the work required to be performed by it in Section Eleven of Sun Valley. Preliminary plans for the development of the Oathet subdivision were discussed with Mr. DeVries, he being asked if he would grant a serer easement across lots 146 and 147 in Section Twelve of the Sun Valley development. Mr. DeVries replied that both lots were owned by the DeVries Construc- tion Co. Inc. but that Lot 147 was under agreement to be sold. He -thought that there might be some objection out the part of the prospective corner to an easement across Lot 147 but that this might be overcome if plans were prepared imme- diately. Mr. DeVries said that he would discuss the sewer easement with the customer for Lot 147. He further Mated that he would make right then on an informal basis an agree- ment in regard to Lot 146, inserting in any sales agreement that the sale of said lot would be subject to an easement for a sewer. It was pointed out that the easement would have to be conveyed to the Town at a later date. The Chairman sug- gested that the Term Counsel be asked to prepare necessary instruments wherein easements would be granted to the Town. SDN VALLEY SEC. 11 r w.i= P&IIL4171"A lua So VALLEY SEC. 12 Mr. DeVries next discussed with the Board general SUN VALLEY ' plans for the development of the next sections of Sun Val SECS. 15 & 16 ley, one to be known as Section 15 and to be an extension PROPOSED of Locke Dane. He said that his company was studying the RECREATIONAL Whipple Hill area, and had tentatively found that only AREA about 15 acres of it could be developed because of the steep topography. He stated that one person wished to locate a radio tower on top. of Whipple Hill itself. Mr. Snow said that he would like to see said high point used as an overlook, there being such a beautiful panoramic view of the countryside from this observa- tion point. He suggested that it and the surrounding land be de- veloped into a town recreation area. Mr. DeVries left the meeting at 9slO p.m. MORE? REQUEST Read to the Board was a letter, dated June 15, 1956, from FOR MINUTFS Mr. George P. Morey of 90 Hancock Street, Lexington, stating that ". . . would be pleased to receive a copy of the instructions to Mark Moore in the matter of the development of the property at 80 North Hancock Street. . .and a copy of the . . . transcript of the recent hearing on that property . . . if the Board's secretary had made such a transcript." After reading the letter, the Board held a general discussion in regard to adopting a policy concerning such requests. It was decided to give this matter further study. It was also decided that in the meantime the Chairman would write Mr. Morey a letter, informing him that the Board had not made a decision in regard to the Moore subdivision, that minutes of the meeting at which the hearing took place were only in rough draft, and that should he wish to see them when they were in final form and approved, the Board would be pleased to show them to him at the Planning Board office and to discuss them further if he wished ' amplification on any matters. FITZGERALD Mr. Snow informed the Board that, all necessary forms and drawings having been submitted on June 18, 1956, he had endorsed L.C.CASE #5982 Mr. William E. Fitzgeralds application for approval of a defini- tive subdivision plan, said plan being entitled nA Subdivision Plan of Land Court Case No. 5982." It was decided to hold a public hearing relative to said application on July 90 1956 at 8500 P.M. MOORE At 9s35 p.m. Mr. Mark Moore, Jr. not with the Board in re- gard to the Hancock Heights subdivision plan. He filed a bond HANCOCK HGTS with the Board and requested that the plan be approved. He was informed that the Board had no power of attorney attached there- to, that what there was of the bond was not in proper order, and that Moore Realty Trust was set forth as Principal in the Bond where Ernest J. Corrigan had signed the agreement in the form of an application for approval of the definitive plan. Mr. Moore was told he would have to assume the obligations of the applicant and have the band in'proper order to accompany said assumption of obligations. It was decided that Mr. Stevens should be requested to prepare the necessary instrument and to see that the bond was in proper form. In regard to the plan itself, it was pointed out that the ' temporary turn -around should be located at the end of the proposed ` street in order to conform to the Subdivision Rules and Regulations. Mr. Moors was informed that because this turn -around would be located on a steep grade behind the high -point on the hill, the Board had decided that thte-Lots D and F should be eliminated from the plan so that the temporary turn -around would be located on top of the hill just beyond Lot Q. It was further stated that the Board had decided that it would not approve any extension of the subdivision beyond this Point from a public safety standpoint until he could ob- tain a second recognized means of egress from the subdivi- sion. Mr. Moore suggested several ways of filling in the land behind the brow of the hill in order to utilize lots D and F for building purposes. These did not appear to be satisfactory to the Board. Mr. Moore asked the Board if Mocrelin Avenue would be a satisfactory name for the proposed street. It was pointed out that this nearly corresponded to Moreland Avenue. The name Linmoor Avenue was suggested by the Board. Mr. Moore left the meeting at 10200 p.m. Considered next were the notices of petitions to be BOARD OF heard by the Board of Appeals on June 26, 1956. It was APPEALS decided to take no action in regard to said petitions with the exception of that of Bernard C. Maloney for permission to erect a free-standing, illuminated sign to be located at 327 Woburn Street. It was decided to notify the Board of Appeals that the Planning Board wished to be placed on record as opposing the granting of permission to erect said sign if its location would cause any obstruction to the vision of persons operating motor vehicles at the corner of Drell and Woburn Streets. It was voted to approve the minutes of Feb. 61 1956. MINUTES In accordance with the Board's decision of the pre- BUSA LAND AND vious week (see minutes of June 11, 1956), Mr. Snow pre- RUSSO LAND sented to the Board for its consideration drafts of two FOR STREET AND letters, one to Mr. Antonio Busa, and a second to the RECREATION Guisseppe Russo Estate. Said letters in regard to the PURPOSES possible acquisition of land for pla ground and street pur- poses were approved. (See Addendum The meeting was adjourned at 10:30 p.m. vi G. Burnell, Jr. Clerk . ADDENDUM Comonwealth of Massachusetts , De'artment of Public Works loo Nashua Street,, Boptm ,14 Mune 12, 1956 Samel P. Snow, Chairman Planning Board Lexington, Massachusetts Dear Mr. Snows Last, Friday, June S, 1956, Mr. Carey of this Department appeared at a Planning Board meeting in Lexington to inform your board that there was a possibility of additional takings along Route 2 in connection with our proposed new maintenance building. This information was submitted for consideration in connection with the development plan for Peacock Farms, Sectio Four, Lexingtcn, Massachusetts. On Monday, June 11, 1956, A. Morris Sobrick, Esquire, furnished this Department with a copy of the proposed development and Mr. S. S.. B White, one of the builders, appeared at our office. The development plan was examined as to the effect on it by our possible additional. takings for the new maintenance building. I am now able to say that any possible taking that we m make for this maintenance building will not affect the Section Four develop- I meet at all. The possibility does exist, as it has for some time, that 6=9 of the land in this area may be affected by the proposed widening of Route 2 and the interchanges - but this possibility has existed for some time and has no bearing on the reason Mr. Carey volunteered the informa- tion concerning our new building. very truly yours, H. G. Gray Chief Engineer June 22, 1956 Mr. Antonio Busa 46 Lowell Street Lexington 73, Mass. Dear Mr. Busas On June 4 your son, Alfred, came before the Board asking if this agency was still interested in having the Town acquire for playground purposes ' the land indicated an the Board's February 29, 1956 plan entitled, 'Suggested Residential Development of a Portion of Land of Antonio Busa.0 It was stated that the Board was still very much interested in 6/18/56 . the matter but temporarily had not pursued it further believing that your request of $10,000-Va's most'utreasonable for a portion of land for which you paid only $3,000. The Board agreed, however, to re- view the situation further and give you a decision in the near future. To aid in reaching a decision the Board retained the services of an appraiser who examined the land and all matters in connection with its possible development. It was noted that out of the possible 16 lots you could develop from the Daley tract, the above-mentioned plan shows that you would be able to develop 7,;leaving the remainder of the tract (oz which you planned 9 lots) for development as a town .playground. After the expert appraisal which has taken lace and after due can- sideration by the Board, it believes that $100 per lot for the poss- ible 9; lots would be a fair value for the land. Should this figure meet with your approval, the Board will be pleased to consider seriously the taking of an option for the above-mentioned lots for a period of time sufficient to permit the Board to present the facts to the next Town Meeting for action. If, jw0ever., you are not in agreement with the figure mentioned above, the Board will consider seriously the insertion of an article ' in the Warrant for the next Town Meeting asking the Town to take the land by eminent domain. Very truly yours, LIDCINGTON PLANNING BOARD Donald D. Hathaway, Chairman June 22, 1956 The Guisseppe Russo Estate 300 Maverick Street' East Boston, Massachusetts Gentlemens The Town of Lexington acting through its Planning Board is interested in acquiring a portion or all of the land known as Lots 222 through 233 on what is known as Circle Road in this town. The lots involved are described in Land Court Ctf. 18123 and are shown on Land Court Plan #6807B drawn from a plan entitled nPlan of Fast Lexington Annex, East Lexington, Mass.", by Clarence E. Carter and dated Nov. 1917. Several weeks ago a real estate broker telephoning Mr. Albert A. Russo about the land was informed that another son of the late Guisseppe Russo was handling the financial matters in regard to the estate and would return from Germany around June 30. As soon as he returns we would like to have this son get in touch With the Board ' through Mr. Snow, its Planning Director, so that matters concerning acquisitim of the land may be discussed. Mr. Snow may be reached at the Town Office Building in Lexington, telephone VO 2-0500. 'Very truly yours, . M. t W . •41 Donald D. Hathaway, Chalrmm 1