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HomeMy WebLinkAbout1956-07-23 PLANNING BOARD MEETING July 23, 1956 A regular meeting of the Lexington Planning Board was held on Monday, July 23, 1956 at 7 15 n.m. in the Town Engineer 's . . Room, Town Office Building Present were Chairman Hathaway, Messrs . Adams, Burnell, Grindle and Jaquith. The Planning Director came to the meeting at 8:00 n.m. The Town Counsel was present from 9'30 p.m. untilthe end of the meeting Mr. John F. MacNeil met with the Board at its request to discuss the Planning Board attitude in re- BOARD OF gard to the variance granted him by the Board of APPEALS Appeals on July 10, 1956 and the possibility of ob- taining Mr . MacNeil' s consent for a modification of MacNEIL the Board of Appeals permit . Later Chairman Reed, Mrs.Morey and Messrs Maloney and Tucker of the Board of Selectmen dis- cussed with the Planning Board the MacNeil case and the ''fanning Board' s considerations in regard to annealing to the Sunerior Court the Board of Appeals decision. Mr Reed said that the Selectmen did not want the Planning Board to take the matter to court and that they would not grant the Planning Board counsel to do so The Board took under consideration and approved the minutes of its July 9, 1956 meeting MINUTES Taken under consideration also was the fol- lowing Form A application for determination of Plan- FORM A ning Board jurisdiction #56-53, submitted July 23, 1956 by Edward R. Thomas, attorney for Eleanor L. Ross ; plan entitled "Plan of Land in Lexi^gton, Mass ", Scale : 80 ft to an inch, dated July 19, 1956, Whitman & Howard, Civil Engineers, Boston It was moved, seconded, and unanimously VOTED: that the plan accompanying application #56-53 be signed bearing the endorsement "Lexington Planning Board approval not required under the Subdivision Control Law. " At 8:20 p.m. Mr. H. G. Bielefelt, Development Manager of Techbuilt, Inc . , and three other represent- atives of said corporation, Mr. Donald E. Watson, Jr 7-2 -56 and Mr. Wilbur C . Nvlander, civil engineer, met with MIDDLE the Planning Board to present definitive plans for RIDGE Section Two of the Middle Ridge subdivision for SEC . 2 approval. Discussed were such matters as the proposed connection between Turning Mill Road in the Middle TECHBUILT Ridge subdivision and Gould Road in Mr Watson ' s sub- INC . division, the crossing of a high pressure gas trans- mission line, drain easements, the status of so-called "Mountain Road" and provision for a town recreation area. It was pointed out that there had not been sub- mitted a formal application for approval of a defini- tive plan including prior submission and approval of said plan by the Superintendent of Public Works . Par- ticularly discussed was the Planning Board' s point of view that it would not approve the location and grades of Gould Road as shown on the plan Mr. Snow pre- sented and discussed for the Board studies which he had made, and which the Board tentatively approved, for the plan and profile of said Gould Road The Board took the subdivision plan under advisement and stated that the Town Engineer would be consulted about the matter Thereupon, Mr. Bielefelt and others left the meeting. From 9 to 9.30 p.m. Mr. Mark Moore, Jr . met HANCOCK with the Board for the purpose of seeking the Board' s HEIGHTS informal opinion in regard to his proposal for extend- ing Unmoor Terrace as shown on the previously approved Hancock Heights definitive subdivision plan . The plan which Mr. Moore presented showed a permanent turn- around which was understood to be beyond the brow of the hill. The plan , however, lacked topographical and other data. The proposal was taken under advisement Mr. Snow was asked to discuss it with Mr. Gayer, Supt of 'public Works Mr Stevens came to the meeting at 9:30 p.m. HAYDEN He discussed with the Board first the desire of repre- RFCREATION sentatives of the Hayden Recreation Centre of having CENTRE prepared immediately the deed by which the Centre was to acquire land the Town voted to convey under Article 74 of the 1456 Annual Town Meeting. Mr Stevens also said that the representatives desired an early endorse- ment of a plan which he exhibited showing the land the Town voted to convey so that construction might begin on the Centre within a matter of weeks . Mr. Stevens stated that he had discussed with Mr. Snow the idea that had been expressed by the Counsel for the Hayden Centre that the title to the town land should be transferred without any encum- brances . The question had been raised as to whether the town should be protected after obtain ng the agree- ment whereby at a later date Worthen Road and/or a parkway connecting the center playground to the old 7-23-56 -2- reservoir property on Marrett Road might be con- structed across parcel 2 as shown on said plan The Board discussed Mr. Snow' s proposal for general development plan for recreational facili- ties from and including the center playground and the old reservoir property. Mr. Stevens suggested that a representative from the Planning Board dis- cuss with the Selectmen the proposed transfer of town land to the Hayden Centre with particular reference to any agreements which it was thorght should be included in the proposed deed. Mr. Stevens reported that there now had been obtained from the Amnvlo Construction & Engineer- GRAHAM ROAD ing Corporation a grant of utilities and easements SUBDIVISION therefor in Graham Road The attention of the Board was called to a letter, dated July 9, 1956, from the AMPOLO Superintendent of public Works stating that the re- quired work to be nerformed in the Graham Road sub- division had been completed to his satisfaction. All matters appearing to be in order, upon motion being duly made and seconded, it was unanimously VOTED to release to subdivider, Ampolo Construction & Engineering Cornorati.on, the $4,000 00 that it had deposited with the Town as security for the performance of its agreement, dated December 12, 1955, to complete by July 1, 1956 the work required to be performed by it in its Graham Road Subdivision. Mr. Snow stated that there had been filed with the Board a properly executed instrument, dated July SUN VALLEY 23, 196, in which the DeVries Construction Co. SEC . 12 granted to the Town the utilities and easements - therefor in the Sun Valley, Section 12 subdivision. DEVRIES CON- All matters appearing to be in order, upon motion be- STRUCTION ing duly made and seconded, it was unanimously Co . VOTED• to release to subdivider, DeVries Construc- tion Co. , Inc . , the X10,000 that it had de- posited with the Town as security for the performance of its agreement, dated April 28, 1056, to complete by October 1, 1956 the work required to be performed by it in Sec- ttion Twelve of Sun Valley. Mr Stevens called to the Board ' s attention ADAMS ESTATES his letter of June 8, 1956 to Mr. John R Carney, SECTION 2 Jr. , attorney for Louis F. Nystrom, in which it was stated that a proposed release deed would sat- NYSTROM isfactorily take care of the title questions that the Town Counsel had in regard to the Adams Estates, Section Two subdivision. On this basis the Board accented the apnlication for approval of the Adams Estates, Section Two definitive plan as havirg been submitted on July 23. The Board scheduled for August 13, 1956 at 8 00 n .m. a public hearing to be held relative to the said subdivision. Discussed next with Mr. Stevens was the Plan- BOARD OF ning Board' s letter of July 10, 1956 to the Board of APPEALS Appeals with reference to John F. MacNeil petition to be heard on said date, the minutes of the Board of MacNFIL Anneals hearing of the MacNeil petition and said Board' s permit issued to Mr. MacNeil. It was the con- census that the variance could be upset by the Court on the basis of the form of the Board of Anneals Her- mit alone, no evidence being set forth to substantiate said Board' s findings. Members of the Planning Board thought that it was more important to express the opinions that In this case the Board of Anneals had the authority to grant the variance and that the Board of ,ppeals ' action substantially derogated from the intent and purpose o'' the Zoning By-law. At the con- clusion of the discussion Mr Stevens was asked to pre- pare the necessary papers enabling the Planning Board to appeal the Board of Appeals action. The Town Counsel stated that he would inform the Selectmen of the Plan- ning Board ' s request . Having no further business to transact at the time, the meeting was adjourned at 11 45 p.m. 444. 6; 411-'12-95"-- Levi G. urnell, Jr. Clerk