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HomeMy WebLinkAbout1958-05-19 PLANNING BOARD MEETING May 19, 1958 A regular meeting of the Lexington Planning Board was held on May 19, 1958 at 7:30 p.m. in the Town Engineer's Room, Town Office Building. Present were Chairman Grindle, Members Abbott, Burnell, and Jaquith, and Planning Director Snow. Mr. Soule was present from 9:10 p.m. and Town Counsel Stevens from 9:50 p.m. to the end of the meeting. The Board approved the minutes of the April MINUTES 16 and May 1, 1958 meetings. Approved also by the Board were the follow- BILLS ing bills which had been submitted for payment: Louise M. Baker, extra secretarial service-45.00; Philip and Lawrence W. Burt, stenographic services-- 96.52. The Board considered next the following Form FORMS A A applications for determination of Planning Board jurisdiction: ' #58-27, submitted on May 8, 1958 by Lexington Associates, Inc . , Walter E. Steeves, Presi- dent; plan entitled "Plan of Land Lexington, Mass.", Scale: 1" = 40' , dated March, 1958, Joseph Selwyn, C .E. #58-28, submitted on May 16, 1958 by Mark Moore, Jr. for Moore Realty Trust; plan en- titled "Plan of Land in Lexington-Mass.", Scale: 1" = 40' , dated May 8, 1958, Miller and Nylander, C.E. 's and Surveyors. Upon motion duly made and seconded, it was unanimously VOTED: That the Lexington Planning Board determines that the plans accompanying Form A applica- tions #58-27 and #58-28 do not require approval and that said plans be signed bearing the en- dorsement "Lexington Planning Board approval under the Subdivision Control Law not required. " Mr. Snow then discussed with the Board a plan WORTHEN and accompanying letter he had prepared with refer- ROAD II ence to the proposed location of Worthen Road in relation to the plan submitted with Form A appli- cation #58-27 and the development of the land of the Lexington Associates, Inc . The Board approved 5-19-58 said plan and letter, the latter being signed by the Chairman. (See Addendum. ) DIANNE The Board discussed next the situation in ESTATES regard to the uncompleted work in the Liberty Avenue subdivision entitled "Plan of Lots in Lex- LIBERTY ington, Mass. Owned by Dianne Estates, Inc., AVENUE Lexington", dated Oct. 19, 1955. The correspond- ence in connection with this case was reviewed, Mr. Snow stating that he had requested the Town Counsel to take proper action in the name of the Board. Read to the Board was Mr. Stevens' May 15 1958 letter to Dianne Estates, Inc. (See adden- dum. ) Mr. Soule came to the meeting at 9:10 p.m. BOARD OF Read to the Board were the notices of hear- APPEALS Ings to be held by the Board of Appeals on May 27, 1958. It was decided to take no action on the petitions to be heard on said date. OAK HILL Further consideration was given the appli- ESTATES cation for approval of the Oak Hill Estates Sec- SEC. 1 tion One definitive subdivision plan. It was decided to notify the Sandy Brook Corporation that SANDY BROOK the Board was prepared to approve said plan upon CORPORATION submission of a bond in proper form on or before May 28, 1958. VINE BROOK Mr. Snow reviewed with the Board Mr. Alfred REALTY Tropeano's April 16, 1958 letter in regard to the TRUST proposed location of Worthen Road, the re-location of a section of Waltham Street, the proposed WORTHEN residential subdivision plan for developing land ROAD of the Vine Brook Realty Trust, and a plan of a proposed garden apartment development which accompanied a 1955 Ryder estate petition for re- zoning some of its land for an A 1 district. The Board approved for signature a drafted reply to Mr. Tropeano 's letter. (See addendum. ) SUN VALLEY II The Board considered the application of the Winchester Development Corp. for tentative approval WINCHESTER of its preliminary subdivision plan for the devel- DEVELOPMENT opment of land (some of which was formerly owned CORP. by Cahill and some by the Kelly Corp. ) southerly of the Maple-Lowell Street intersection. It was decided to consider the application further and take action on said application at a special meet- ing of the Board to be held on May 29, 1958. Town Counsel Stevens came to the meeting at 9:50 p.m. 5-19-58 -a- Attention was called to Mr. Frank DeFelice's PART OF request for the return of a $700.00 check which he LIBERTY had deposited with the Town Treasurer, said check HEIGHTS securing his obligation in the form of a perform- ance bond, dated April 14, 1958, and of the Board ANN ST. of Appeals denial on April 29, 1958 of Mr. - DeFelice's petition for a variance in regard to his DeFELICE subdivision of land fronting on Ann Street. It be- ing thought that the best way to take care of the matter, the Town Counsel had prepared a form to be executed by Mr. DeFelice requesting rescission of the Planning Board vote approving his subdivision plan. Said form was read to the Board, particular note being taken of the provision by which Mr. De- Felice would authorize the Board to destroy the plan. Mr. Stevens explained that this provision seemed necessary so there could be no question here- after of there being any possibility of a proceed- ing being brought to have the plan delivered to Mr. DeFelice under the theory that by rescinding the approval, the Planning Board left itself in the position that having taken no action there was, therefore, an automatic approval. Further consideration was given to Mr.and Mrs. PHEASANT Black's application for approval of their defini- GARDENS tive subdivision plan entitled "Pheasant Gardens Lexington, Massachusetts ", and dated February 17, BLACK 1958. The issues raised at the public hearing on said application were discussed as well as the deed wherein William C. and Elinor H. Martin of ?7 Bloom- field St. purchased from Walter G. Black on March 2, 1942 Lot 15 shown on plan prepared by Lewis and dated April 27, 1927. (See Minutes of May 14., 1958 meeting.) After due consideration Mr. Snow was asked to advise the Blacks that upon filing with the Planning Board a properly executed bond in the sum of $14,000.00, the Board would be in a position to approve their application. With reference to the Proposed Sun Valley PROPOSED recreation area, the Board reviewed with Mr. Snow SUN VALLEY and Mr. Stevens the minutes of the Board' s March RECREATION 3, 1958 meeting and the plan to which reference AREA was made in said minutes. Mr. Snow reported that on several occasions he had reviewed the whole matter with Mr. DeVries with what Mr. Snow con- sidered were unsatisfactory results. He said that Mr. DeVries confirmed the fact that Lot 187, shown on the "Section Fifteen of Sun Valley" subdivision plan, plus additional land shown on the Sept. 1957 plan prepared by Robert G. Venne, had been sold to Fred G.,Jr. and Marie J. Benkley, and that Lot 188 5-19-58 of said subdivision plan plus additional land shown on the Sept. 1957 Venne plan had been sold to Richard F. Herzog. Mr. Snow also reported that Mr. DeVries informed him that Mr. Herzog was unwilling to sell the additional land to Mr. DeVries or to sell it to the Town, but that there was a possibility of Mr. Benkley selling to Mr. DeVries a narrow parcel of land whereby the two parcels of land shown on the Sept. 1957 Venne plan might be connected together. In discussing the situation further with the Board, Mr. Snow stated that even if it were possible to obtain the narrow parcel mentioned above, it was his opinion that the whole purpose of the recreation area was largely defeated without obtaining the top of Whipple Hill, or Mt. Orr as it is sometimes called, as a center of interest and as an observa- tion point. Mr. Snow was asked to bring to one of the future meetings of the Board his sketches indi- cating how he proposed the recreation area to be developed. The meeting adjourned at 10:30 p.m. I Thomas S. Grindle Chairman Addendum May 19, 1958 Lexington Associates, Inc. Walter F. Steeves, President 36 Highland Avenue Lexington, Mass. Dear Mr. Steeves: Reference is made to the plan accompanying your Form A application for determination of Planning Board jurisdiction, said plan being entitled "Plan of Land Lexington, Mass.", and dated March 14., 1958, Joseph Selwyn, Civil Engineer. Reference is also made to the plan which you left with the Planning Board, said plan being entitled "Proposed Plan of Land Owned by Lexington Associates, Inc . ", and dated March 1, 1958, Joseph Selwyn, Civil Engineer. The Board has determined that the plan accompanying your Form A application does not require approval under the Subdivision Control Law. The Board would 5-19-55 like to suggest, however, that a relocation of Lot eg f 7 approximately twenty feet easterly of the present site would perhaps cause less difficulty should you be able to arrange for an exchange of land with Mr. and Mrs. Cuzner, and at the same time would conform to the Planning Board's proposed location for Worthen Road. The Board's suggestion is shown on the attached print, a copy of which is being sent to the Cuzners, together with a copy of this letter. Sincerely yours, LEXINGTON PLANNING BOARD Thomas S. Grindle, Chairman May 15, 1958 Dianne Estates,Inc. 34 Revere Street Lexington 73, Massachusetts Re: Subdivision "Plan of Lots in Lexington, Mass. Owned by Dianne Estates, Inc., Lexington" dated October 19, 1955. Attention: Gerard P. Friel, President Dear Sirs: Upon the approval of the above captioned subdi- vision plan by the Planning Board of the Town of Lexing- ton on December 19, 1955, you became obligated as the subdivider to construct to the satisfaction of the Super- intendent of Public Works of Lexington, all the required improvements in the subdivision within one year from said date of approval. This obligation was secured by a surety company bond in the penal sum of $2,500 filed by you as Principal, and AmericanEmployers ' Insurance Co., as Surety. As you know, you have never completed the required improvements to the satisfaction of the Superintendent of Public Works. This has been the subject of discussion and of correspondence over a period of many months between the Planning Board and you and also your attorney, Alfred P. Tropeano, Esq. On October 21, 1q57, the Chairman of the Planning Board wrote Mr. Tropeano and enclosed a copy of a letter dated October 17, 1957,from the Superintendent of Public Works to the Planning Board explaining why the work was not satisfactory and setting forth alternative methods by which it could be corrected by you. 5-19-58 I am now informed by the Planning Board that the work has not been corrected and am requested to take whatever steps may be necessary in order to have the work satisfactorily done or the penal sum of the bond paid to the Town as liquidated damage in accordance with the pro- visions of the bond. I request, therefore, that you communicate with me promptly upon receipt of this letter and let me know what you propose to do to fulfill your obligations to the Town in completing this subdivision. A copy of this letter is being forwarded to your attorney and to the bonding company. Very truly yours, Harold E. Stevens Town Counsel of Lexington cc: Alfred P.Tropeano,Esq. American Employers ' Insurance Co. May 21, 1958 Mr. Alfred P. Tropeano11 114 Waltham Street Lexington ?3, Mass. Re: Vine Brook Realty Trust Gentlemen: Reference is made to your letter of April 16, 1958 in regard to the proposed residential subdivision plan for developing land of the Vine Brook Realty Trust. In regard to the first paragraph of said letter, the Planning Board is now preparing detailed studies for the location of Worthen Road from Waltham Street to Marrett Road. With particular regard to the second paragraph of your letter, the Board gave a copy of said letter to the Superintendent of Public Works. He has furnished the Board with a copy of a proposed reloca- tion of Waltham Street as shown on the attached print entitled "Plan of Part of Waltham St. Showing Proposed Cut-off Lexington Mass.", Scale: 1" = 100' , dated April 1958, Richard J. Gayer, Town Engineer. It is understood that the plan is traced from one having the same title and scale, dated Dec. 9, 1948, and prepared by William M. Burns, Town Engineer. in acting on the first study plan submitted by you the Boarddid id not believe at that time it was necessary to ask for further information on the location of Worthen 5-19-58 -4- Road or the relocation of Waltham Street since the plan entitled 'Preliminary Study for Proposed Garden Apart- ment Development in Lexington-Massachusetts," dated Feb. 3, 1955, Arthur G. Manaselian, Architect, follows the Burns plan. As you no doubt recall this was the site plan presented by you in connection with the Ryder Estate petition for re-zoning for an A-1 district on Waltham Street. Li...d The Board will be glad to discuss further with you and Mr. Reenstierna both the Worthen Road and Waltham Street locations and is prepared, if you are still in agreement with the general layout of the Manaselian plan, to re- quest the Selectmen to petition the County Commissioners to re-locate Waltham Street in accordance with the original Burns plan or some modification thereof. Sincerely yours, LEXINGTON PLANNING BOARD Thomas S. Grindle, Chairman cc : Richard J. Gayer Supt. of Public Works T.H.Reenstierna 853 Mass.ave., Arlington 7t , Mass. I