Loading...
HomeMy WebLinkAbout1956-09-04 1 II PLANNING BOARD MEETING September 4, 1956 A regular meeting of the Lexington Planning Board was held in the Town Engineer' s Room, Town 1 Office Building, on Tuesday, September 4, 1956 at 7:35 p.m. Chairman Hathaway, Messrs . Abbott, Adams, Burnell and Jaquith were present as were also the staff - Mr. Snow, Mr. Howlett, and the Secretary, Mrs . Milliken. Mr. Stevens, Town Counsel, was like- wise present from 9:45 to 11.30 p.m. The Board approved the minutes of its August MINUTES 6, 1956 meeting. The Board also approved the following bills which had been presented for payment : Vera Print, BILLS white prints--$2.25 ; C .F.Stucke, repair of lamp-- 10.40; Louise M. Baker, secretarial services-- 10 00• John C . Lichtenberg, drafting services-- 16.00• Bruce E. Howlett, professional services-- 101.38; Minute-man Publications, Inc . , advertising-- 5.00. II Notices for hearings to be held by the Board BOARD OF of Appeals on September 18, 1956 were read. It was APPEALS decided to take no action in regard to said hearings At 8:10 p.m. the Board held a public hearing relative to the application for approval as a sub- MIDDLE division property of Techbuilt, Inc . known as "Plan RIDGE of Lots in Middle Ridge Section Two Lexington, SEC . 2 Mass. " Nine persons attended the hearing including - Mr. T. L. Hughes of the Boston Edison Company, TECH:BUILT Messrs. H. G. Bielefelt and John R. Yaeger of Tech- built, Inc. and Mr. Richard A. Pattison of Burling- ton . The Chairman read the notice of the hearing as it had been sent to property owners deemed to be affected and as it had been published in the August 16, 1956 issue of the Lexington Minute-man. He then explained the procedure in conducting the hearing and called upon representatives of Techbuilt to Pre- sent the definitive subdivision plan. Mr. Bielefelt exhibited a set of prints show- ing how Techbuilt proposed to add to its Middle Ridge 1 development. He pointed out the extension of DeMar and Gould Roads to connect to the main road in the subdivision, Turning Mill Road. In regard to the Gould Road extension Mr. Bielefelt noted that there would have to be a modification of several lots in the Watson Realty Trust subdivision. He stated that Techbuilt had an agreement with Mr. Watson in regard to constructing the Gould Road extension and the neces- sary relotting, pointing out the small parcel of land adjoining lot 35 Techbuilt intended to convey to Mr. Watson so that all lots in his subdivision would have the area required by the Lexington Zoning Bs,-law. Pointing to so-called "Mountain Road", Mr. Pattison asked what Techbuilt proposed to do with the path across lots 22 and 23 to the Burnham land. He noted that Pattison brothers had a 14-acre tract a?hitting Techbuilt' s land, this tract having only rights of way to it from Kendall Road in Bedford and across Techbuilt ' s land by reason of the State De- partment of Public Works taking of some of the Patti- son land for State Route 3, a limited access highway. He stated that the right of way across the land pre- sently owned by Techbuilt was referred to in the Patti- son brothers deed but that the right of way was not usable now. Mr Patteson concluded by stating that part of the tract was zoned for industrial use and par- ticularly because of this Pattison brothers did not want to be enclosed without adequate access. Mr. Bielefelt said that so far Techbuilt had only considered Mountain Road as a foot path and n lanned to do nothing with it. The Chairman recommended that the Pattison brothers discuss the matter directly with representatives of Techbuilt, stating that the Planning Board was mainly interested in the layout of streets in the proposed subdivision. He did ask, however, what Techbuilt ' s intention was in regard to so-called Mount- ain Road and the adjacent area between Turning Mill Road and Robinson Road. Mr. Bielefelt said that Tech- built had no designs for the road or the area, that some of the area was low and not usable for residential building, and that the remainder would be excessively expensive to develop. He stated that Techbuilt planned to use the area for recreation and playground areas. The Chairman commented that the Board was interested in having it set aside for Town recreational use. Mr. Hughes asked what provision Techbuilt was to make in regard to the high tension distribution lines of the Boston Edison Company and if Techbuilt intended to pay for What said company required in the way of clear- ance for the lines. Mr. Bielefelt reiterated the statement set forth in Techbuilt ' s letter of August 2, 11 1956 to the Boston Edison Company, namely, that Tech- built was prepared to reimburse the company foie its 9-4-56 -2- expenses in connection with the pole and line changes which the company's engineering depart- ment considered necessary for road clearance. Thereupon the Chairman read a copy of a letter, dated August 6, l956, from said company to Tech- built in whicp it was stated that the company had no objection to Techbuilt plans for the subdivi- sion provided mutually satisfactory arrangements were worked out for advance payment to the company for the cost of any changes made necessary by Techbuilt ' s development . The Chairman then asked if it were not definitely set forth in the terms of the easement what minimum clearances were required. Mr. Hughes said they were not but that the low clear- ance would be 25 feet from the ground except over a street where a minimum of feet is needed. The Chairman said the Board would give this matter con- sideration in taking action on the definitive sub- division plan . Mr . Abbott wished to know if Techbuilt , Inc had any interest in constructing sidewalks along Turning Mill Road. Mr. Yeager said the corporation preferred not to construct any because of cost and appearance. Mr. Bielefelt pointed out that there were no sidewalks in the first section of their de- velopment . The Chairman said that the Board was very seriously considering the construction of side- walks in subdivisions from now on. There being no further questions or discus- sions, the Chairman declared the hearing closed at 8'55 p M. stating that the subdivision plan would be taken under advisement Later during the meeting the Board discussed the Middle Ridge, Sec . 2 definitive plan. It was decided tor equire that Techbuilt, Inc. construct Sidewalks a bituminous concrete sidewalk five feet wide in its proposed subdivision, said walk to be about 3510 feet in length and to be located on the south- westerly side of Turning Mill Road and the south- easterly side of Gould Road from Turning Mill to Dewey Road. Mr. Snow was requested to prepare for the Chairman' s signature a letter addressed to Mr. Gayer, Superintendent of Public Works, notifying him of the Board' s decision and requesting that he prepare a revised estimate of the total cost of performing the required work in the subdivision as I/ set forth in his letter of August 6, 1956 to Tech- built, Inc Likewise discussed was the matter of the clearance of the Boston Edison Company's trans- Transmission mission lines over the proposed location of Turning Lines Mill Road. Not knowing just what details were in- volved in the relationship of the heights of lines to existing topography and to proposed road grades, it was decided that any approval of the subdivision plan would be subject to the condition that all changes necessary to effect adequate road clearances of power lines across Turning Mill Road be approved in advance by the Planning Board. Likewise discussed was the matter of so-called "Mountain "Mountain Road" over which the Pattison brothers Road" claimed to have a right-of-way. The Board took the view that the so-called road was not in fact a way, particularly as defined under Chapter 282, Acts of 1956, as passed by the State Legislature in April. It was decided that the Board should not provide access to the Pattison land, that this was a matter between Pattison Brothers and Techbuilt. In regard to Techbuilt land for recreational purposes, Mr. Snow was asked to review recommenda- Recreational tions which he had made earlier in the year for a Area town recreational area in the vicinity of Grove St. Mr. Snow exhibited an untitled plan, drawn at 200 scale and dated May ]J , 1956, showing a section of the town which he thought should be developed as a neighborhood unit with an elementary school and re- creational area at its center . The neighborhood unit recommended by Mr Snow was bounded by Bedford Street, Route 128, and the Bedford and Burlington town lines. Mr. Snow said that in taking into account existing lots in present zoning he and Mr . Howlett School Site had determined that 890 dwelling units could be lo- cated in the neighborhood. He stated that In his opinion this number of units would be ideal for sup- porting a neighborhood 12-room elementary school. He then indicated on the map the site he recommended for such a school, this site being a portion of the John Smith and all of the George Andrews property located between Grove Street and Robinson Road. Mr. 3now was asked to prepare a separate sketch of his school site recommendation so that Mr. Abbott, a member of the School Sites Committee, could present the recommendation to said committee at its next meeting. Continuing his discussion Mr. Snow stated that he believed the Williams, Techbuilt and Hennessy lands should be acquired and assembled irto a town recreational area adjacent to the school site. He 9-4-56 -3- pointed out that such an area would supplement and replace part of the central playground (known as Parker Field) and also provide one of several recreational areas around the perimeter of the town . In regard to the Wilkins land it was Mr. Snow' s opinion that the wooded hillside adjacent Wilkins Land to the school site should be retained in its nat- ural condition, that the ponds of the old muskrat farm be redeveloped for ice skating and perhaps fishing purposes, and the land under or near the Boston Edison Company easement utilized for park- ing facilities . Mr . Snow pointed out the outstanding fea- tures on the Techbuilt land including the hemlock grove and adjacent area which he believed cold be used for camping and the hillside along so-called "Mountain Road" and under the Edison easement which could be used for skiing and coasting. He said that in his opinion the hillside should be kept in its natural condition as much as possible but could at the same time be used in part for picnicking. With reference to the Hennessy land Mr. Snow said that most of it was pasture land and could be used almost entirely for playfield purposes He Hennessy Land pointed out that on the Hennessy land at the end of Robinson Road there was an excellent area for parking facilities. He also noted the Hennessy stable which was in such excellent condition could easily be converted into a club or field house or headquarters for recreational activities. Mr. Snow was asked to revise his plan by placing thereon for future reference of the Board any existing or proposed subdivisions and streets not now shown. (For previous discussions in regard to the above matters, see Planning Board minutes of Feb- ruary 6, March 12, April 9, June 11, July 23 and August 6, 19K6 meetings. ) The following Form A applications were taken under consideration for determination of FORMS A Planning Board jurisdiction: #56-63, submitted on September 4, 1956 by Norman T. May, attorney for Leo Dunn and Arthur Ruge; plan entitled, "Plan of Land in Lexington, Mass . ", Scale 1 in = 20 ft . , dated July 18, 1956, William J. Ford, C.E. , Newton- vi.11e, Mass. #56-64, submitted on September 4, 1956 by Mark Moore, Jr. for Moore Realty Trust ; plan entitled "Plan of Land in Lexington, Mass .", Scale : 1 in. = 40 ft., dated Aug. 17, 1956, Fred A. Joyce, Surveyor, Belmont, Mass. It was moved, s econded and unanimously VOTED: that the plan accompanying application #56-63 be signed bearing the endorsement "Lexington Planning Board approval not re- quired under the Subdivision Control Law." VOTED: that the Lexington Planning Board determines that the plan accompanying Form A applica- tion #56-64 is a subdivision and requires approval under the Subdivision Control Law. Mr. Jaquith asked the Board to consider the ACCEPTANCE OF matter of submission of plans in general. Using as APPLICATIONS an example the two plans just acted upon, he pointed out that they had only been filed earlier in the day so that Mr. Snow had been unable to examine the plans and so advise the Board concerning information which should have been submitted with the applica- tions. Mr. Jaquith stated that in his opinion the Board could save much time at its meetings if it would adopt a policy concerning the acceptance of applications for approval of plans or of determina- tion of Planning Board jurisdiction. Referring particularly to Sec. II.B and IIIA. and C . of the Board 's subdivision regulations, he suggested that the Board consider no more applications until all the requirements of the regulations had been checked by Mr. Snow andthat he had signed the applications as deemed to have been submitted After further consideration of the matter it was moved, seconded, and unanimously VOTED: that henceforth no applications filed on Forms A, B, or C under the Subdivision Con- trol Law shall be accepted as having been submitted to the Planning Board until the application together with all plans and other data submitted with the application have been verified as complying with the 'Rules and Regulations Governing the Subdivi- sion of Land in Lexington, Massachusetts." °-4-56 -4- Considered next was the Sun Valley,' SUN VALLEY Section 14, subdivision. A copy of a SEC . 14 letter, dated September 4, 1956, from Mr. Gayer, Sunt . of Public Works, to the De- DEVRIES lines Construction Co. was called to the CONSTRUCTION Board 's attention, said letter giving CO evidence that the required work in this subdivision had been completed to Mr. Gayer 's satisfaction. Having knowledge of this letter Town Counsel Stevens had pre- pared a certificate of performance for the planning Board to sign . Mr. Stevens when he came to the meeting presented this in- strument. He also exhibited a grant of easements and nipes in said subdivision, the grant having been signed earlier in the day by George J. DeVries, President of said Company. All matters appearing to be in order, upon motion dul- made and seconded, it was unanimously VOTED: that the Board sign a certificate of performance and a release of condi - ' tions of Planning Board approval for all required work referred to in the conditional approval contract exe- cuted by DeVries Construction Co. , Inc . , dated June 28, 1956s and re- lease all lots shown on the subdivision plan entitled "Section Fourteen of Sun Valley in Lexington, Mass. Owned by DeVries Construction Co. , Inc . " , dated March 16, 1956, from the restrictions from sale and building specified in said conditional approval contract. After adopting the above vote the Board signed the certificate which was sworn to by Mr. Burnell and notarized by "r. Stevens. The certificate was given to Mr. Stevens to record together with the grant of easements in the 9egistry of Deeds . The Planning Board 's letter of August 10, 1956 to Esco Builders of Waltham was given HAWTHORNE to Mr. Stevens to read. After he had done so ACRES the Planning Board discussed with him the con- tents of the letter. It was pointed out that 7SCO BUILDERS the time within which the Board was supposed to act on the anplication had expired on Aug LIDRERG 23. Mr. Stevens said the letter could not be substituted for a vote. He said, however, that the Board might be able to resolve with Esco Builders the various matters involved. Mr. Stevens also stated that if the question of time elapsing is raised and Race Builders takes the position the subdivision plan is approved, the Planning Board can proceed at once to hold a hearing regarding re- scinding of anproval. The Board decided to discuss its letter with Mr. Emilio Snarnuola and his attorney, Mr. Alfred P. Troneano, at its meeting on September 17 and to stand on the requirements set forth in said letter. With reference to Judge Morton 's decision in MINUTE MAN regard to the Minute Man Highlands, Section Four, HTGHLANDS subdivision, Mr. Stevens reported that he had pre- SEC . L. pared the necessary form of certificate which the Town Clerk had signed. He stated that he had ob- CARRIG tained a receipt for the plan and the executed cer- tificate upon delivery of the same to John A. Daly, Mr. Carrig's attorney. When asked about the status of the approved plan, Mr. Stevens stated that it was no longer a practical subdivision because of the land-taking of the State Dept . of Public Works for the widening of Route 2. He said, however, that if 7r. Carrig should apply for a modification of the plan, the Board could ask for a performance bond. Mr. Stevens said also that if a bond was not filed as requested, the Board could give notice of a hearing to rescind the anproval of the plan. The next matter discussed with Mr. Stevens was RTPUCTION that of reducing the Planning Board membership from IN BOARD six to five on the vacancy of either of the two terms MEMBERSHIP that expired in 1959 or effective at the latest at the 1959 Annual Town Meeting. Mr. Stevens said that such action could be taken by a Town Meeting. He was informed that Mr . Adams wished to resign from the Board soon after the Town Meeting voted to reduce the number of "lanning Board members. Mr.Stevens said he would prepare for this nurpose an article to be in- serted in the warrant for a special town meeting to be called during the fall. Mr. Snow reported that the Green Valley, Sec- GREEN VALLEY tion One subdivision Plan was scheduled for endorse- SEC . ONE ment at this meeting He suggested, however, that the endorsement of said plan be deferred until the Board had BUSA discussed a matter he wished to call to their attention. 111 He then said that upon making an inspection of the pro- -4-56 -5- II osed subdivision earlier in the day he had found that there had been constructed a house which was ready for occupancy and which faced on Proposed Anthony Road. Looking i'to the matter further he was informed that on April 10, 1956 there had been issued a building Hermit for this house to be num- bered 4 RawsonAvenue and be located on lots to 257 to 262 inclusive, fronting on said Rawson Avenue He pointed out that by combining said lots with parcel 6 as shown on the subdivision plan, the newly created house lot would have only 70.45 feet frontage on Anthony Road instead of the required 125 feet. Mr. Snow inquired if there was any way to prevent Mr. Antonio Busa, the subdivider, from transferring ownership of the property in- volved prior to the acceptance by the Planning Board of the work in the subdivision, especially since the nerformance guarantee for such work was a conditional approval contract . Mr. Stevens said that a person could have his front door facing his rear yard if be had a lot facing only one street . He also said, however, that if the front and rear of a lot faced on two streets, one with 130 feet of frontage and the other with 70, the house must face on the frontage street, in this case Rawson Avenue. Mr. Snow also reported that he had been in- formed that a building permit had been issued for a house numbered 12 Rawson Avenue, the house to be located on lots 263, 264, and 252 to 256 inclusive, this group of lots being combined into one parcel fronting on said avenue. He pointed out on the Green Valley, Section One subdivision Plan that Albemarle Avenue was to be located over lots 252 and 253. It was decided to defer endorsement of the subdivision plan . Mr. Stevens said that he would discuss with the building inspector the issuance of building permits in the location of houses as de- scribed by Mr . Snow. After Mr. Stevens left the meeting the Board took under consideration the application of Louis M. ADAMS Nystrom for approval of the Pdams Estates, Sec . 2 ESTATES definitive plan. All matters appearing to be in SEC. 2 order, upon motion duly made and seconded, it was unanimously NYSTROM 11 VOTED : that the definitive subdivision plan en- titled "Adams Estates Section Two Lexing- ton. Mass . ", dated Dec. 21, 1955, Which was 111 submitted to the Board by Louis M. Nystrom on July 23, 1956, accompanied by an applies.- [ tion for approval of definitive plan, Form C, dated July 11, 1956, be and hereby is approved subject 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 re- quired under the rules and regulations of the Board necessary to serve adequately such lot have been completed to the satisfaction of the Board. Mr. Snow reported that all matters appeared BATTLE VIEW to be in order in regard to the application of the PARK REALTY Battle view Park Realty Trust for approval of its TRUST definitive subdivision plan . Thereupon it was moved, seconded and unanimously BATTLE VIEW PARK SEC . 1 VOTED : that the definitive subdivision plan entitled "Plan of Land in Battle View Park Section One Lexington-Mass." , dated July 9, 1956, Which was submitted to the Board by Battle View Park Realty Trust and Mary Monsignore on July 30, 1956, accompanied by an application for approval of definitive plan, Form C , dated July 11, 1956, be and hereby is approved. Having taken action on all matters currently before it, the Planning Board adjourned its meeting at 11:50 p.m. Lt/1 6L4t. Levi G. Burnell, Jr. ) Clerk II 1