Loading...
HomeMy WebLinkAbout1956-07-30' PLANNING BOARD MEETING July 302 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 Hathswav, Messrs. Abbott, Burnell, Grindle and Jaquith, the running Director, Staff Member Bruce Howlett, and the secretary, Mrs, Milliken. Mr. Adams was present from 9:40 D -m- and Mr. Stevens, Town Counsel, was present from 10:15 to 11:00. D.m. The following Form A applications were taken under consideration for determination of Planning Board jurisdiction: #56-54, submitted Julv 30, 1956 by Alfred P. Tropeano, attorney for Albert C. Cuccinello; plan entitled "Ilan of Land in Lexington, Mass.", Scale: 1" = 401, dated July 16, 1956, Miller & Nylander, C.E.'s & Surveyors, Lexing- ton, Mass. #56-55, submitted July 30, 1956 by James A. Carrie;, attornev for Lily C. Johanson; plan entitled "Plan of Land in Lexington, Mass.", Scale: 1 in. = 501, dated July 20, 1956s 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 & Nylander, C.F.'s & Sur- ve7ors, Lexington, Mass. :156-57, submitted July 30, 1956 by Thomas Margarita Der Joseph Selwyn; plan entitled "Subdivision Flan of Land Lexington, Mass.", Scale: 100 feet to an inch, dated Julv 21, 1956s Joseph Selwyn, C,t,, 14 Linden Ave., Belmont, Mass. #56-58, submitted Julv 30, 1P56 by DeVries Construction Cn., Inc,; plan entitled "Plan of Land in Lexington, Mass.", Scale: 1" = 40', dated Julv 20, 1956, Robert Venne, C.r. I It was moved, seconded and unanimously VOTED: that the plans accompanying applications FORMS A #56-54s #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 --Q$29.76; Bruce E. Howlett, professional services and reimbursement for car mileage -- S105.04; Mary G. Campbell, secretarial services for period ending July 20--$25.00; Anne H. Milliken, secretarial services for July 9 -45 -00 - Lawrence Hardware, Inc., office supplies --$1.21; H.B.McArdle, office supplies -43.40; Spaulding - Moss Co., drafting supplies -t3,90: Minute -man Publications, Inc., a6vertising-43.75. MINUTES The minutes of the Board's July 16, 1956 meeting were taken under consideration and approved. Next taken under -consideration was the L.C. #5982 application of William E. Fitzgerald for approval of the subdivision of L.C. Case No. 5982. Read F'ITZGFRALD were two letters from the Board of Health, the later one, dated Julv 301 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 vet 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, 1956s which was submitted to the Board by William E. Fitz- gerald on June 18, 1956s accompanied by an application for annroval 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 rad been advertised in the 7 -?0-56 -2- July 12, 1956 issue of the Lexington M,nute-man. The 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. Spagnuola stated that he was secretary -treasurer of Esco Builders, Inc. of Waltham, the firm that was to develop Hawthorne 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. Spagnuola 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. The Chairman asked Mr. Lidberg about the title reference on the application. Mr. Lidberg said that he did not understand these matters, that he was sunnosed to pass papers on the nronerty 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 which 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 nronosed 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 teat the ditch was to be left open. He said that Paco Builders would maintain the ditch until such time as tre corporation sold the pro- posed lots in said development. At the concli.,sion 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, 611, 68 and 76 Adams Street, resnectivel7i wished to be recorded as being in favor of the approval or the subdivision plan. No 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 272 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 rending the obtaining of additional data requested by the Board in its letter of July 16 fort he reason that in- vestment committees of lending institutions had repeated- ly refused formal consideration of said project without this nermission. 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 approval of the Sun Valley, SECS. 15 Sections 15 and 16, preliminary subdivision plans, sub - and 16 matted July 23, 1956. The Board discussed these plans and also the use of the adjacent land for town recrea- DwURIES 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 -oared by Edwards, Kelcey and Beck, consulting engineers, DTSTRICT 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 District" and published Jline 1, 1956 by the Metropolitan Districts Commission. An application for approval of a definitive sub - BATTLE VIEW division plan filed by Battle View Park Realty Trust was PARK REALTY deemed to have been duly submitted on July 30. It was TPUST decided to schedule on August 13, 1956 at 8:30 p.m. a - public hearing on said application. It was noted that BATTLE VIEW the plan entitled "Plan of Land in Battle -View Park Sec- PAPK, SEC. 1 tion One Lexington -Mass.", dated July 9., 1056p consisted of a way beginning at the westerly 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 The Board next discussed with Mr. Stevens the action of the Board of Appeals in granting the John F. MacNeil petition. Mr. Jaquith stated that he had informed Mr. Tropeano, attorney for Mr. MacNeil,.that it was the Board's intention at 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. It was stated that the Selectmen were in favor of laving out a way from Depot Square to Meriam Street witb the possibility that the pro- posed way might be located on some of tfie MacNeil property. It was asked if on this basis the Board of Appeals permit issued to Mr.. MacNeil could be modified. Mr. Stevens said it could but -3- GREEN VALLEY SEC. 1 BUSA HAYDEN RECRFATION CENTRE, HAWTHORNE ACRES LIDBERG ESC 0 BUILDERS BOARD OF APPEALS MacNEIL from Mr. Alfred P. Tropeano, attorney for Mr. Antonio Busa, requesting that the Board reconsider its previous vote of disapproval of the Green Valley, Section One subdivision plan and permit Mr. Busa to substitute a conditional approval contract 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 two parcels of land to the Hayden Recreation Centre had been signed earlier during that day. He said that said corporation agreed that if at anv time wit?'in 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 dump, 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 was referred to Mr. Stevens. He stated that in his opinion the fact Mr. Lidberg still owned the property did affect the legality of the hearing. Mr. Stevens did say, however, that there was no doubt about the fact that it was a false applica- tion and that the Board had a right to reject it 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 the John F. MacNeil petition. Mr. Jaquith stated that he had informed Mr. Tropeano, attorney for Mr. MacNeil,.that it was the Board's intention at 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. It was stated that the Selectmen were in favor of laving out a way from Depot Square to Meriam Street witb the possibility that the pro- posed way might be located on some of tfie MacNeil property. It was asked if on this basis the Board of Appeals permit issued to Mr.. MacNeil could be modified. Mr. Stevens said it could but -3- GREEN VALLEY SEC. 1 BUSA HAYDEN RECRFATION CENTRE, HAWTHORNE ACRES LIDBERG ESC 0 BUILDERS BOARD OF APPEALS MacNEIL teat 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. Levi G. Burnell, Jr. Clerk L��