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HomeMy WebLinkAbout1956-07-30 PLANNING BOARD MEETING u Jly30, 1956 A regular meeting of the Planning Board was held in the Town Engineer' s Room, Town Office Building, on Monday, July 30, 1956 at 7 :20 p.m. Present were Chairman Hathaway, Messrs. Abbott, Burnell, Grindle and Jaquith, the Planning Director, Staff Member Bruce Howlett, and the secretary, Mrs . Milliken . Mr. Adams was present from 9:140 p.m. and Mr. Stevens, Town Counsel, was present from 10 :15 to 11.00. p.m. The following Form A applications were taken under consideration for determination of Planning FORMS A Board jurisdiction : #56-54, submitted July 30, 1956 by Alfred P. Tropeano, attorney for Albert C . Cuccinello , plan entitled "plan of Land in Lexington, Mass." , Scale 1" = 40 ' , dated July 16, 1956, Miller & Nylander, C .E 's & Surveyors, Lexing- ton, Mass . #56-55, submitted July 30, 1956 by James A. Carrig, attorney for Lily C. Johanson; plan entitled "Plan of Land in Lexington, Mass. ", Scale : 1 in = 50 ' , dated July 20, 1956, Fred A. Joyce, Surveyor, Belmont, Mass . #56-56, submitted on July 30, 1956 by Mark Moors, Jr. ; plan entitled "Plan of Land in Lexington-Mass " , Scale 1" = 40 ' , dated July 13, 1956, Miller A, Nylander, C F. ' s & Sur- veyors, Lexington , Mass. '256-57, submitted July 30, 1956 by Thomas Margarita per Joseph Selwyn; plan entitled "Subdivision plan of Land Lexington , Mass." , Scale : 100 feet to an inch, dated July 21, 1956, Joseph Selwyn, C . '. , 14 Linden Ave., Belmont, Mass #56-58, submitted July 30, 1956 by DeVries Construction Co. , Inc . ; plan entitled "Plan of Land in Lexington , Mass . " , Scale 1" = 40 ' , dated July 20, 1°56, Robert Venne, C .' '. IIIt was moved, seconded and unanimously VOTED: that the plans accompanying applications #56-54, #56-55, #56-56, #56-57, and #56-58 be signed bearing the endorse- ment "Lexington Planning Poard approval not required under the subdivision control law. " Approved for payment were the following BILLS bills which had been presented Samuel P Snow, reimbursement for car mileage and miscellaneous expenses--$29.76, Bruce E. Howlett, professional services and reimbursement for car mileage-- S105.04; Mary G. Campbell, secretarial services for period ending July 20-425.00; Anne H. Milliken, secretarial services for July Lawrence Hardware, Inc . , office supplies-41.21; H.P.McArdle, office supplies--$3.40; Spaulding- Moss Co , drafting supplies--93.90 Minute-man Publications, Inc . , advertising-- 3.75 MINUTES The minutes of the Board' s July 16, 1956 meeting were taken under consideration and approved. Next taken under consideration was the L.0 #5982 application of William E. Fitzgerald for approval of the subdivision of L C. Case No. 5982. Read FITZGERALD were two letters from the Board of Health, the later one, dated July 30, stating that said Board was not in doubt as to whether any of the land in the above-named subdivision could be used as build- ing sites without injury to the public health. It was noted, however, that the Planning Board had re- ceived no instruments from the subdivider granting him right of access to his land over that of the Watson subdivision not yet constructed or right to cast surface runoff onto the land of Techbuilt, Inc . In view of this situation it was moved, seconded, and unanimously VOTED: that the definitive subdivision plan entitled "A Subdivision of Land Court Case #5982 in Lexington-Mass ", dated May 1, 1956, which was submitted to the Board by William E. Fitz- gerald on June 18, 1956, accompanied by an application for approval of definitive plan Form C, dated May 1, 1956, be and hereby is disapproved for the reasons that the subdivi - sion has no recognized means of access and no approved means of disposal of storm drainage. HAWTHORNE At 8 10 p.m. the Board held a public hearing ACRES relative to the proposed Hawthorne Acres, Section Sec . 1 One subdivision. Twenty-two persons attended the hearing. The Chairman read the notice as it had been LIDBERG _ sent to all property owners abutting said proposed SPAGNUOLA subdivision and as it had been advertised in the 7-30-56 -2- July 12, 1956 issue of the Lexington Minute-man . The 11 Chairman then described the procedure to be followed in conducting the hearing and said that the applicant would explain the plan of the subdivision. Mr. Emilio V. Spacnuola stated that he was secretary-treasurer of Esco Builders, Inc . of Waltham, the firm that was to develop H.wthorne Acres. The Chairman referred to the application for approval of the definitive plan and asked who actually owned the land to be developed. He noted that the names of Chester and Adella Lidberg had been crossed out on the application and the Esco Builders Corporation sub- stituted as applicant . Mr . Spa'nuola said that Mr. Lidberg had the title to the land now but that a trans- fer of title would be made. Mr. Spagnuola said Esco Builders had an option to acquire the land to be sub- divided. TT-e Chairman asked Mr. Lidberg about the title reference on the application . Mr. Lidberg said that he did not understand these matters, that he was supposed to pass papers on the property that day but that his lawyer was ill. Mr. Chairman noted that the owner of record of the property was supposed to be the appli- cant He said that the hearing was advertised other- wise and that for this reason might not be legal. The Chairman stated that the Board would refer the matter to the Town Counsel. Mr. Spagnuola then described the plan Mich consisted of eight lots on a street located at about right angles to Adams Street. He said that this sub- division was part of what would be ultimately a devel- opment of seventy-six lots . Just how the first sec- tion of the proposed development would relate to the over-all scheme was shown on the preliminary plan which the Planning Board had on exhibit. Mr. Spagnuola called attention to the proposed road layout noting that it was designed to keep vehicles at safe speeds. He also noted that all the utilities - water pipe, sewer and drains - had been approved by the Town Engineer and would be built to town specifications . Most of the questions asked and the discussion held during the hearing were concerned with the ditch located along the common boundary line between the rear of lots fronting on Adams Street and the proposed Hawthorne Acres development and the easement ten feet wide located along the center line of said ditch . Mr. Spagnuola pointed out that the ditch was to be left open. Fe said that Fsco Builders would maintain the 11 ditch until such time as the corporation sold the pro- posed lots in said development . At the conclision of the hearing Mr. John D. Chiesa, Mr. and Mrs John F. O'Connell and Messrs Joseph A. Venedam, Wal ter E. Rutledge, Victor A.. Scenna and Carl F. Lannquist of 41t, 52, 62, 6tL, 68 and 76 Adams Street , respectively, wished to be recorded as being in favor of the approval or the subdivision plan . ATo one wished to be recorded in favor of its disapproval Thereupon, the hearing was declared closed and the plans taken under advisement at 8 40 p.m. Read to the Board was Attorney John F. Groden 's SEABURY letter of July 27, 1956 with reference to Mrs. Seabury ' s application of April 26 for a determination in regard to A 1 DISTRICT the proposed motel plans which had been submitted. Par- PLANS ticularly noted was Mr. Groden ' s request that Mrs. Seabury be granted permission to proceed with the project , Wending the obtaining of additional data requested by the Board in its letter of July 16 for t he reason that in- vestment committees of lending institutions had repeated- ly refused formal consideration of said project without this permission Tt was decided to take no action on Mrs. Seabury' s application until all necessary plans and documents had been submitted to the Board and to notify Mr . rrroden of the Board ' s decision. Mr. Snow called to the Board 's attention the SUN VALLEY applications for tentative apnroval of the Sun Valley, SECS. 15 Sections 15 and 16, preliminary subdivision plans, sub- and 16 mitted July 23, 1956. The Board discussed these plans and also the use of the adjacent land for town recrea- DwVRIES tional purposes . Particularly discussed was the recom- mendation that this unbuildable land be utilized as an open space buffer strip as set forth in a report pre- M D.C . PARKS pared by Edwards, Kelcey and Beck, consulting engineers, DISTRICT of Boston, said report being entitled "Study and Recom- STUDY mended Program of Development of Parks and Reservations and Recreational Facilities of the Metropolitan Parks District10 and published June 1, 1956 by the Metropolitan Districts Commission. An application for approval of a definitive sub- BATTTF VIEW division plan filed by Battle View Park Realty Trust was PARK REALTY deemed to have been duly submitted on July 30. It was TRUST decided to schedule on August 13, 1956 at 8:30 p.m. a public hearing on said application. It was noted that BATTT,F VIEW the plan entitled "Plan of Land in Battle-View Park Sec- PARK, SEC . 1 tion One Lexincton-Mass. ", dated July 9, 1956, consisted of a way beginning at the westerl' side line of Laconia Street thence turning in a southerly direction so as to connect with Young Street and be superimposed upon Fifth Street thus eliminating this so-called paper street It was noted also that the subdivision consisting of two lots was the first part of a development which was to connect to Woburn Street Read to the Board was a letter, dated July 30, 1956 7-30-56 -3- from Mr. Alfred P . Tropeano, attorney for Mr. Antonio Busa, requesting that the Board reconsider GREEN VALLEY its previous vote of disapproval of the Green SEC . 1 Valley, Section One subdivision plan and permit Mr. Busa to substitute a conditional approval contract BUSA in lieu of a bond as a performance guarantee. Accompanying said letter was such a contract properly executed. It was decided to accept the contract . Befo -e reconsidering its vote, however, the Board also decided to have the Town Counsel make a title examination of the land Mr. Busa pro- posed to subdivide. At 10 15 P.M. Mr. Stevens came to the meeting He reported that the instrument deeding HAYDEN two parcels of land to the Hayden Recreation Centre RECREATION had been signed earlier during that day. He said CENTRE, that said corporation agreed that if at any time within five years of this day the Town wants to es- tablish Worthen Road, and/or a service road to the town land now used as a ducrip, across the Hayden land, the Centre will convey without charge the necessary land therefor expecting to receive in return some other adjacent lands which the Town no longer needs . The application of Fsco Builders for approval of the Hawthorne Acres definitive plan HAWTHORNE was referred to Mr. Stevens, He stated that in ACRES his opinion the fact Mr Lidberg still owned the - pronerty did affect the legality of the hearing. LIDBERG Mr. Stevens did say, however, that there was no - doubt about the fact that it was a false applica- ESCO tion and that the Board had a right to reject it BUILDERS on the grounds that the applicant was not the owner of the land involved. The Board next discussed with Mr Stevens the action of the Board of Appeals in granting BOARD OF the John F. MacNeil petition. Mr. Jaquith stated APPEALS that he had informed Mr. Tropeano, attorney for Mr. MacNeil, that it was the Board's intention at MacNEIL this time to appeal the Board of Appeals ' deci- sion. Mr Stevens said that such an appeal must be filed on or before August 2 Tt was stated that the Selectmen were in favor of laying out a way from Depot Square to Meriam Street with the possibility that the pro- ll nosed way might be located on some of the MacNeil property. It was asked if on this basis the Board of Anneals permit issued to Mr. MacNeil could be modified Mr Stevens said it could but that Mr. MacNeil ' s consent to such a modification would have to be obtained The question was raised about having said permit modified for the reason that it might not protect the Town in the event that Mr. MacNeil sold his land unless an agreement were entered into between the Town and Mr. MacNeil and placed on record in the Registry of Deeds He also said that he supposed the Board of Appeals could rescind its action Mr. Jaquith pointed out, however, that the possibility of a way being laid out was not the basis on which the Planning Board objected to the Board of Appeals action. The Planning Board adjourned its meeting at 11:15 p.m. 6404. . Levi G. Burnell, Jr. Clerk I I