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HomeMy WebLinkAbout1956-08-01 PLANNING BOARD MEETING August 1, 1956 A special meeting of the Planning Board was held on August 1, 1956 at 7.30 p.m in the Plan- ning Board office, Barnes Building. Present were Chairman Hathaway, Messrs. Abbott, Burnell, Jaquith, the secretary Mrs Milliken, and Planning Director Snow. Mr Adams was also present from 815 to 930. The purpose of the meeting was to discuss the possibility of the Planning Board appealing, MacNEIL as the aggrieved party, the Board of Appeals deci - sion of June 12, 1956 granting John F. MacNeil a permit to erect an office building on a lot adja- cent to Depot Square. Mr. Hathaway cited three similar cases where the Reading Board of Appeals had granted variances to which the Planning Board of that town had objected. He said that the plan- ning Board had won each case, one of which had been acted upon by the State Supreme Court. He stated further that on July 31 in a telephone conversation in regard to the Lexington Planning Board ' s views with regard to the MacNeil case that Mr . Reed, Chair- man of the Board of Selectmen, said that the Select- men would not grant counsel to the Planning Board Mr. Hathaway stated that in the same conver- sation Mr. Peed said that he believed the Planning Board should discuss its views with Mr. Tropeano, attorney for Mr. MacNeil, and try to reach some agreement Mr. Hathaway said then he tried to dis- cuss the matter with Mr. Tropeano, who refused to do so Mr Jaquith said that in his opinion Mr. MacNeil was willing to enter into some sort of an agreement, that Mr. MacNeil had suggested that he, Mr Jaquith, confer with Mr. Tropeano, and that the latter had refused also to discuss the matter. A discussion then took place as to what the position of the Planning Board members would be if Mr. MacNeil were to turn his building around to front on the proposed way connecting Meriam Street to Depot Square Tf this were done Mr. MacNeil would have to give some of his property to the Town so that said way could be constructed ; at the same time the Planning Board would have to rezone to C 2 use that part of the MacNeil land now in an R 1 dis- trict It was believed that such an arrangement would be to Mr MacNeil s advantage. Messrs . Reed and Tucker of the Board of Selectmen came to the meeting at 8 00 p.m. to discuss the Planning 11 Board' s views in appealing the decision of the Board of Appeals. Mr Reed said that the Selectmen' s only inter- est in the case was to keep the matter out of court. He said that if the Planning Board would state its position he would in turn talk with Mr MacNeil and try to settle the matter that evening. Mr Reed was informed that the Planning Board would be willing to compromise, but would do so reluctantly, if Mr. MacNe 1 would agree to turn his building around so as to front on said proposed way agreeing to grant the Town land to construct a road Thereupon Messrs Reed and Tucker left the meet- ing. Mr Adams arrived at this time There was then discussed the question of policy of rezoning to commercial use the land owned by the rail- road and zoned for single family residential use. It was Mr. Jaquith ' s opinion that if the Planning Board recom- mended rezoning in Mr. MacNeil 's case that there were many other people in town who would seek similar variances to the one being discussed by the Planning Board. Several examples were mentioned to illustrate this point . Mr. Jaquith stated that the planning Board should oppose the hoard of Appeals action now before any more petitions of this nature were presented. Mr. Jaquith said that he did not believe that the Board of Appeals realized the effect this variance would have on the town. He stated that he believed that the Board of Appeals acted as a matter of kindness in the MacNeil case and that the decision made was not based upon the facts in the case. The Board agreed in this opinion. Mr. Mahoney and Mr. Reed of the Board of Selectmen came to the meeting at 9:00 p.m. Mr. Reed stated that Mr. McNeil agreed to give some land necessary for the lay- ing out of the proposed way between Depot Square and Meriam Street if the Selectmen would come to an immediate decision in regard to the layout of said way and at the same time the Planning Board would recommend rezoning to C 2 use that portion of the MacNeil land now in an R 1 district. Mr. Peed further stated that Mr. MacNeil would turn his building around erecting a temporary wall until such time as a town meeting voted to rezone his land as prorosed. Speaking for the Board Mr. Hathaway said that the planning Board would agree to this proposal if Mr. MacNeil held to his word. Mr. Hathaway said that if Mr. MacNeil did not fulfill his agreement the Planning Board would take counsel on its own, citing the Reading cases as a precedent 8-1-56 -2- The Planning Board took under consideration the application of Esco Builders for approval of HAWTHORNE II the Hawthorne Acres definitive subdivision pian. ACRES Upon motion duly made and seconded, it was unani- SEC . I mously - ESCO VOTED: that the definitive subdivision plan entitled BUILDERS "S'ec . I Plan of Hawthorne Acres Lexington, CORP . Mass. ", dated June 12, 1°56, which was sub- mitted to the Board by Esco Builders Corpora- tion on July 9, 1956, accompanied by an appli- cation for anproval of definitive plan , Form C , dated July 9, 1956, be and hereby is dis- approved for the reason that the Board is unable to determine that the applicant is the owner of the land. Mr. Hathaway was asked to telephone the Corporation ' s attorney, Mr. Cunningham, to inform him of the planning Board ' s action and to state that a new application must be filed and another hearing take place unless evidence could be presented show- ing that Fsco Builders owned the land now or former- ly of Lidberg at the time the application was signed. The meeting adjourned at 9.30 p.m. /• 4 . (S.--01-(2-1z, Levi G. Burnell, Jr. Clerk