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HomeMy WebLinkAbout1956-07-23PLANNING BOARD MEETING July 231 1956 A regular meeting of the Lexington Planning Board was held on Monday, July 23, 1956 at 7:15 n.m. in the Town P'ngineer'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 'Tanning Board's considerations in regard to appealing to the Sunerior Court the Board of Appeals decision. Mr. Reed said that the Selectmen dial 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: #56-531 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, 1956s Whitman & Howard, Civil Fngineers, 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 -?3-56 Mr, Stevens came to the meeting at 9:30 p -m. HAYDEN Tie discussed with the Board first the desire of repre- RFCRFATION sentatives of the Havden Recreation Centre of having CENTTRE prepared immediately the deed by which the Centre was to acquire land the Town voted to convey under Article 74 of the 1956 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 Centro that the title to the town land should be transferred without any encum- brances. The quest'on 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 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 TECHBUTLT Ridge subdivision and Gould Road in Mr. 'Katson's sub - INC, division, the crossing of a high pressure gas trans- mission line, drain easements, the status of so-called "Mountain Road's 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 ap-roved, 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 9:15 to 9:30 p.m. Mr. Mark Moore, Jr. met HA>`ICOCK HEIGHTS with the Board for the purpose of seeking the Boardts informal opinion in regard to his proposal for extend- ' ing Linmoor Terrace as shown on the previously approved Hancock Heights definitive subdivision plan. The pian which Mr. Moore -_resented 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 pro-osal 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 Tie discussed with the Board first the desire of repre- RFCRFATION sentatives of the Havden Recreation Centre of having CENTTRE prepared immediately the deed by which the Centre was to acquire land the Town voted to convey under Article 74 of the 1956 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 Centro that the title to the town land should be transferred without any encum- brances. The quest'on 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 reservoir property on Marrett Road might be con- structed across parcel 2 as shown on said plan. -2- 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 Amnolo Construction &. Engineer- ing Cornoration a grant of utilities and easements therefor in Grabam Road. The attention of the Board was called to a letter, dated July 9, 1956, from the Superintendent of "ublic I-Iorks stating that the re- quired work to be performed 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, Am -polo Construction & Engineering Cornoration, 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 23, 19562 in which the DeVries Construction Co. granted to the Town the utilities and easements therefor in the Sun Vallev, Section 12 subdivision. All matters appearing to be in order, upon motion be- ing duly made and seconded, it was unanimously VOTED: to release to subdivider, DeVries Construc- tion Co., Inc., the 0101000 that it had de- nosited with the Town as security for the performance of its agreement, dated April 28, 1956, to complete by October 1, 1956 the work required to be nerformed by it in See- ttion Twelve of Sun Valley. Mr. Stevens called to the Board's attention hIs letter of June 81 1956 to Mr. John R. Carney, Jr., attorney for Louis F. Nvstrom, In whish it was stated that a proposed release deed would sat- isfactorily take care of the title questions that GRAHAM ROAD STTBDIVISION AMPOLO SUN VALLEY SEC. 12 DEVRIES CON- STRUCTION Co. ADAMS ESTATES SECTION 2 NVSTROM the Town Counsel had in regard to the Adams Estates, ' Section Two subdivision. On this basis the Board accented the application for approval of the Adams Estates, Section Two definitive plan as havirg been submitted on July 23. The Board scheduled for August 131 1956 at 8:00 p.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 Appeals 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 per- 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 Appeals had the authority to grant the variance and that the Board of appeals' action substantially derogated from the intent and purpose of 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. 4,64G. urnell, Jr. Clerk G'