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HomeMy WebLinkAbout1958-05-19PLANNING BOARD MEETING May 19s 1958 A regular meeting of the Lexington Planning Board was held on May 19s 1958 at 7:30 p.m. in the Town Engineer's Rooms Town Office Building. Present were Chairman-Grindles 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. Bakers extra secretarial service -45.00; Philip and Lawrence W. Burts stenographic services -- 96.52. The Board considered next the following Form FORMS A A applications for determination of Planning Board jurisdiction: ' #58-27s submitted on May 8s 1958 by Lexington Associatess Inc.s Walter E. Steevess Presi- dent; plan entitled "Plan of Land Lexingtonr Mass."s Scale: 1" = 40's dated March, 1958, Joseph Selwyns C.E. #58-28, submitted on May 16s 1958 by Mark Moores Jr. for Moore Realty Trust; plan en- titled „Plan of Land in Lexington-Mass."s Scale: 1" = 40's dated May 8s 1958, Miller and Nylanders 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 and accompanying letter he had prepared with refer- 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 Associatess Inc. The Board approved WORTHEN ROAD 5-19-58 OAK HILL Further consideration was given the appli- ESTATES eation for approval of the Oak Hill Estates See - SBO, 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 28s 1958. VINE BROOK Mr. Snow reviewed with the Board Mr. Alfred REALTY Tropeano's April 161 1958 letter in regard to the TRUST proposed -location of Worthen Roads the re -location of a section of Waltham'Streets the proposed WORTHEN residential subdivision plan for developing land ROAD of the Vine Brook Realty Trusts 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. said plan and letters 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 ingtons Mass. Owned by Dianne Estatess Inc., AVENUE Lexington", dated Oct. 19s 1955. The correspond- ence in connection with this case was revieweds 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 eation for approval of the Oak Hill Estates See - SBO, 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 28s 1958. VINE BROOK Mr. Snow reviewed with the Board Mr. Alfred REALTY Tropeano's April 161 1958 letter in regard to the TRUST proposed -location of Worthen Roads the re -location of a section of Waltham'Streets the proposed WORTHEN residential subdivision plan for developing land ROAD of the Vine Brook Realty Trusts 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. 5-19-5a -2- PART OF LIBERTY HEIGHTS ANN 'ST. - DeFELICE PHEASANT GARDENS BIA CK PROPOSED SUN VALLEY RECREATION AREA Attention was called to Mr. Frank DeFelice's request for the return of a $700.00 check which he had deposited with the Town Treasurers said check securing his obligation in the form of a perform- ance bonds dated April 14, 1958s and of the Board of Appeals denial on April 29s 1958 of Mr. DeFelice's petition for a variance in regard to his subdivision of land fronting on Ann Street. It be- ing thought that the best way to take care of the matters 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 Boards 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 approvals the Planning Board left itself in the position that having taken no action there wass therefores an automatic approval. Further consideration was given to Mr.and Mrs. Black►s application for approval of their defini- tive subdivision plan entitled "Pheasant Gardens Lexingtons Massachusetts % and dated February 17, 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 2s 1942 Lot 15 shown on plan prepared by Lewis and dated April 27s 1927. (see Minutes of May los 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 $14s000.00s the Board would be in a position to approve their application. With reference to the Proposed Sun Valley recreation areas the Board reviewed with Mr. Snow and Mr. Stevens the minutes of the Boards March 3s 1958 meeting and the plan to which reference 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 plans plus additional land shown on the Sept. 1957 plan prepared by Robert G. Vannes had been sold to Fred G.sJr. and Marie J. Benkleys and that Lot 188 PART OF LIBERTY HEIGHTS ANN 'ST. - DeFELICE PHEASANT GARDENS BIA CK PROPOSED SUN VALLEY RECREATION AREA 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 Towns 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 Boards 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 Hills 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. Thomas S. Grindle Chairman Addendum May 19, 1958 Lexington Associates, Inc. Walter F. Steevess 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 jurisdictions said plan being entitled "Plan of Land Lexingtons Mass."s and dated March 14s 1958s Joseph Selwyn, Civil Engineer. Reference is also made to the plan which you left with the Planning Boards said plan being entitled "Proposed Plan of Land Owned by Lexington Associates, Inc.', and dated March is 1958s 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 5-19-5s ' like to suggest, however, that a relocation of Lot 7 approximately twenty feet easterly of the present site would perhaps cause less difficulty should you be able to arrange foran 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 Dianne Estates,Inc. May 15, 1958 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, 1955s 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 American Employers' 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 211, 1957, 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 yourss Harold E. Stevens Town Counsel of Lexington cc: Alfred P.TropeanosEsq. American Eanployerst Insurance Co. Mr. Alfred P. Tropeano 134 Waltham Street Lexington ?3,s Mass. Re: Gentlemen: May 21s 1958 Vine Brook Realty Trust Reference is made to your letter of April 16.9 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 letters the Planning Board is now preparing detailed studies for the location of Worthen Road from Waltham Street to Msrrett Road. With particular regard to the second paragraph of your letters the Board gave a copy of said letter to the Superintendent of Public Works. He has furnished the Board witha 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."s Scale: 1" = 100's dated April 1958, Richard J. Gazers Town Engineer. It is understood that the plan is traced from one having the same title and scales dated Dec_, 9s 1948, and prepared by William M. Burns, Town Engineer. fn acting on the first study plan submitted by you the Board did not believe at that time it was necessary to ask for further information on the location of Worthen 1 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. cc: Richard J. Gayer Supt. of Public Works T.H.Reenstierna 853 Mass.ave., Arlington 74, Mass. C Sincerely yours, LEXINGTON PLANNING BOARD Thomas S. Grindle, Chairman