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HomeMy WebLinkAbout1956-08-06 PLANNING BOARD MA 'fIATG August 6, 1956 A regular meeting of the Lexington Planning Board was held in the Town Engineer ' s Room, Town Office Building, on Monday, August 6, 1956 at 7 :30 T.m Chairman Hathaway, Messrs. Adams, Burnell, Grindle and Jaquith were present as was Mr Snow, Planning Director, Mr. Howlett, member of the Staff, and the secretary, Mrs. Milliken. The Board approved the minutes of its Febru- MINUTES arsr 20, July 23 and 30, and August 1, 1956 meetings The following Form A applications were taken under consideration for determination of Planning FORMS A Board jurisdiction #56-59, submitted on July 31, 1956 by Fred Saum for the Josiah Willard Hayden Recrea- tion Centre, Inc . ; plan entitled "Plan of Land in Lexington-Mass ", scale 1" = dated June 20, 1956, Miller & Nylander, C .E ' s & Surveyors, Lexington , Mass. #56-60, submitted on July 31, 1956 by Joseph W. Moore, agent for Donald Gibbs plan en- titled "Land Court plan of Land in Lexington, Mass " , owned by Arthur E. Wheeler," Scale: 1" = 40 ' , dated July 30, 1956, Jos enh W. Moore, Reg Land Surveyor, Bedford. it warreported that the plaaccQotmpanyjing application was-reported was endorse on the date s'u - mitted by four members of the Board in order to hasten the recording of the plan accompanying the deed conveying Town land to the Hayden Centre. Upon motions duly made and seconded, it was unanimously VOTED- to confirm the action by the majority of the members of the Planning Board in endorsing the plan accomnanving application #56-59 that "Lexington Planning Board approval not required under the Subdivision Control Law." II VOTED: that the plan accompanying anplica- tion #56-60 be signed bearing the endorsement "Lexington Planning Bo^rd approval not required under the Sub- division Control Law." The Board endorsed the definitive plan entitled SUN VALLEY "Modification of a Portion of Section Three Sun Valley SEC . 3 and in Lexington , Massachusetts." At the same time it SEC . 14 signed a certificate setting forth the vote of the planning Board modifying its prior approval of the sub- DEVRIES division plan of Section Three. Likewise endorsed by the Board was the definitive plan of Section 14 of Sun Valley. Mr. Snow was asked to hold the executed certificate and endorsed plans , deliver them to Mr. Stevens upon his return in a few days from a vacation for recording in the Middlesex South District Registry of Deeds. Read to the Board was a copy of Mr .Stevens ' CARRIG VS letter of August 2, 1956 to the Town Clerk setting CARROLL forth Judge Morton ' s decision in regard to the Carrig vs . Carroll case, Mr. Carroll being the Town Clerk of Lexington . The Judge ' s decision was reviewed and dis- cussed with the thought In mind that the Board did not wish a similar situktion to arise in the future. Taken under consideration was Mr. Antonio Busa ' s GRErN VALLEY request of July 30 for reconsideration of the Bo r d' s SFC . 1 vote of disapproval of the Green Valley Sect on 1 definitive subdivision plan . It was reported that the BUSA Town Counsel had examined the title to the land shown on the subdivision plan and had determined that Mr. Busa did own all said land On the basis of this in- formation it was moved, seconded and unanimously VOTED- that the July 9, 1956 vote of the Planning Board disapproving the definitive plan en- titled "Green Valley Sub-Division Section #1,'f dated April 23, 1956, be and hereby is rescinded VOTED: that the definitive subdivision plan entitled "Green Valley Sub -Division Scetion #1," dated April 23, 1956, submitted to the Board on May 25, 1956, accompanied by an application for approval of definitive plan, Form C, dated May 11, 1956 be and hereby is approvedsubject to the condition that no lot in the subdivision shall be sold and no building shall be erected or placed on any lot until the ways and other improvements required under the rules and regu- lations of the Board necessary to adequately serve such lot have been completed to the satis- faction of the Board. Considered next were the following bills which BILLS had been presented for navment : Bruce E. Howlett, pro- fessional services-4102.40 : Mary G. Campbell, secre- 8-6-56 -2- tarial services--$30.00; Anne H. Milliken , secre- tarial services-45.75 ; The Lexington Press, Inc . , stationery and printing-414 .35; Minute-man Publi- cations, Inc. , advertising-45.00 ; Vera print , white prints--$4.50 ; ASPO, Vols I and II, Zoning Digest-430.00 It was moved, seconded and voted (Mr Adams not voting) that the bills be paid as presented. The notices of petitions to be heard by the Board of Appeals on August 21, 1956 were read and BOARD OF discussed by the Board . It was decided to take no APPEALS action in regard to the petitions to be heard. Mr Snow gave a report of his preliminary negotiations for obtaining options to acquire OPTIONS easements for the location of an extension of - Eldred Street between Justin and Grove Streets. ELDRED He said that he had discussed the matter with Mr. STREET Lawrence H. Witherell who was willing to grant for $300 00 an easement 50 feet wide and approxi- mately 125 feet long across his land for the future location of said extension . Mr. Snow reported also that Mr Norman T. May , attorney for Richard H. Soule, had informed him that the Town could obtain for $l and in consideration that no assessments would be made against the Soule land an easement 50 feet wide and approximately 790 feet long for the extension of said rldred Street . Mr. Snow was authorized to proceed with negotiations to complete the obtaining of options from Messrs. '4Itherell and oule. Discussed next was the Building Inspector 's letter of August 6, 1956 to the Planning Board in SEABURY reply to its inquiry of Aurrust 2 in regard to the A 1 PLANS proposed hotel building plans Mrs Seabury sub- mitted to said Board . It was decided to write to Mr. Groden, attorney for Mrs. Seabury, informing him that the Building Inspector had not been able to make a detailed study of the hotel plans because of their incompleteness and that he raised ques- tions about the location of a boiler room, the num- ber and size of exist and the third-class construc- tion contemplated Tt was also decided to inform Mr. Groden that based on this information the Board would not approve the design of any building that does not meet the approval of the Building Inspector and any hotel plans which did not call for a minimum standard of second-class construction. Mr. F.G.Bielefelt , Development Manager, and Mr. John R. Yeager, Vice-President and General Manager, both representing Techbuilt, Inc . , met with MIDDLE the Planning Board from R :55 until 9 10 to complete RIDGE submission of said corporation ' s application for SEC . 4 approval of the Middle Ridge, Section 2 definitive subdivision plan. Submitted with the plan was a copy TECHBUILT, of a letter, dated August 6, 1956, from the Boston TNC . Edison Company to Techbuilt with reference to road clearance under wires on the company ' s easement and reimbursement for pole and line charges Discussed with Messrs. Bielefelt and Yeager was the letter, dated August 6, from Mr. Gayer, Town Fngi.neer and Superintendent of Public Works, with reference to his approval of the plan and his recom- mendations for modification of the same It was noted that his estimated cost for performing the various items of required work in the subdivision was $RO,000. It was pointed out to the Techbuilt repre- sentatives that no sidewalks were shown on the plan, that the Board would require that they be built on at least one side of the streets shown on the plan, and that the Board would study this matter during the coming week. In regard to a date for a public hearing relative to the corporation ' s application, it was decided that September 4, 1956 at 8 00 p.m. was the earliest time which was available after scheduled vacations, legal notifications, and advertising of the hearing. The problem of obtaining a satisfactory base map TOWN MAP of Lexington was taken under consideration. Mr. Snow stated that there was about $1700 left of the funds which had been appropriated for this rurpose. He than gave a report of the conferences he and Mr. Gayer, Town Engineer, had held with Mr. Harold J. Duffy of the William A. Fisher Co. , Inc . of Boston and Mr. Frank V. Wright, Jr. of Wright and Pierce of Topsham, Maine in regard to these firms preparing a town map. The Chairman then read a letter, dated July 30, 1,'56, from the Fisher Company to Mr. Snow and a second letter, dated July 5, 1°56 from Wright and Pierce to Mr. Gayer giving quotations for preparing such a map. The Fisher. Company quoted drafting services at $5.50 per hour including research, supervision and overhead To this cost would be added approximately $150.00 for anticipated out-of-pocket expenses for photostats, survey data from the State Department of Public Works, and travel. It was noted that the com- pany intended to assign one draftsman practically full time in order to expedite the work so it could be com- pleted in from seven to nine weeks . 8-6-56 -3- 111 The Wright and Fierce quotation was that the firm would charge t4.00 an hour for all work and materials and supplies at cost plus twenty percent for handling . If field work was to be required, a charge was to be made at the rate of `l80.00 a day for a three-man crew plus ,5.00 living expenses for each man , and that any mileage charge to the work would be at the rate of ten cents a mile. In discussing the quotations it was de- cided that there would be no need for field work, all the data necessary for the preparation of a base map being available in or througt the Town Engineer ' s office and records . Completion dates were discussed. It was noted that Wright and Pierce gave no estimate of time to complete the work . Mr. Howlett pointed out that it was not thought that either firm could finish in two months or so all that needed to be done to produce a complete map, but that a major portion of it could be done in that time . He suggested that one of the firms be engaged to start the project and be closely checked period- ' ically to see how the arrangement developed Mr. Snow reported that Mr. Gayer was ac- quainted with the work of the Wright and Pierce firm and remembered its work . After further discussion, It was moved by Mr. Adams , seconded by Mr. Jaquith, and unani- mously nani- mously VOTED• to employ Wright and Pierce of Topsham, Maine to nrenare a base map of the Town of Lexington to the extent of the funds cur- rently available for this rurnose. At 9 30 p.m. Mr . Chester Lidberg of Lex- ington, Attorney John B. Jenney of Waltham, and HAWTHORNE Mr. Emilio Spagnuola of Esco Builders, Inc . of ACRES Waltham met with the Board in response to the SEC . 1 Chairman ' s telephone call of the previous week to Mr. J. Lewis Cunningham, attorney for Esco ESCO Builders. BUILDERS The Chairman stated that he had informed Mr. Cunningham of the Board ' s decision of August 1111, disapproving the Hawthorne Acres Section One definitive plan for the reason that the Board was unable to determine that the applicant was the owner of the land to be subdivided Mr. Jenney said he had discussed the matter with Mr. Cunningham who was presently away. Mr. Jenney further stated that as far as showing a recorded deed was concerned Esco Builders could not satisfy the requirement that the applicant was the owner of the land to be sub- divided. He explained that Mr. Lidberg had filled out the anplication for approval of the plan with the only title reference of which he knew. Mr. Jenney asked that the Board waive the requirement as to a re- corded deed and reconsider its vote, exhibiting a deed which he stated"would pass title." There was then held a lengthy discussion in regard to the matter, Mr. Jaquith explaining the Board' s position, particularly that the application was in the form of an agreement. He noted that the applicant could not grant to the Town easements for drains, sewers, water mains and public travel if he did not own the land being subdivided. He than ex- plained the Town had no way of protecting itself in regard to other grants, completion of work and simi- lar matters unless the applicant was the owner of 'record of said land. Also discussed was the differences between the preliminary plan and the definitive plan as submitted It was pointed out that the Board had not seen the subdivision plan since the conditional approval of the preliminary plan of almost a year ago. The Chairman noted that the Board required greater rights of way for major streets and sidewalks on major streets He said that these considerations were not included in the Town Engineer 's estimate of the cost of con- t structing the subdivision. The need for a larger size water main and the contributary costs by the Town were also discussed It was stated that all these matters and the plan as a whole would be discussed further by the Board and with the Town Engineer and that the Board would notify Mr Spagnuola of its decisions. Messrs. Jenney, Lidberg and Spagnuola left the meeting at 10:15 p.m. after which the Board discussed the Hawthorne Acres subdivision plan further. It was decided that all streets in the subdivision were to have a minimum width of fifty feet, that sidewalks five feet wide would be required on both sides of each street, and that the streets must intersect at no less than a sixty degree angle. It was likewise decided to ask for an overall plan incorporating these design re- quirements and showing the relationship to the defini- tive plan. Mr. Snow was asked to draft for the Chair- man ' s signature a letter to Esco Builders setting forth these points -n- Tn accordance with its request of July 23, Mr. Snow reported that he and Mr. Gayer reviewed HANCOCK the proposed extension of the Hancock Heights HEIGHTS subdivision. Mr. Snow said that Mr. Gayer was of the opinion that there was not enough information CORRIGAN shown on the plan to render a decision other than disapproving it. It was pointed out that Mr. Gayer raised questions as to how side sloping was to be undertaken and where drainage was to go in relation to adjacent property. It was decided, with Mr. Grindle dissenting, to inform Mr. Moore that the Board would not approve a subdivision with a permanent turnaround beyond the summit of the hill, suggesting that he make a permanent turnaround without extending Unmoor Terrace and granting an easement to the Town for access to the rear land. There being no further business to transact the Board adjourned its meeting at 11:20 p.m. Levi G Burnell, Jr Clerk