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HomeMy WebLinkAbout1958-05-26 PLANNING BOARD MEETING May 26, 1958 A regular meeting of the Lexington Planning Board was held on May 26, 1958 at 7:45 p.m. in the Town Engineer's Room, Town Office Building. Present were Chairman Grindle, Members Abbott, Jaquith and Burnell, and Planning Director Snow. Town Counsel Stevens was also present from 8:35 p.m. to 9:10 p.m. The Board approved the minutes of its meeting MINUTES of April 21, 1958. Considered next were the following Form A FORMS A applications for determination of Planning Board jurisdiction: #58-29, submitted on May 22, 1958 by Gladys M. Hooks, plan entitled "Compiled Plan of Land in Lexington Mass.", Scale: 1" = 40' , dated Feb. 1958, John C. Lichtenberg, De- lineator. #58-30, submitted on May 22, 1958 by Lex- ington Associates, Inc. , Isabella Steeves, Secy; plan entitled "Plan of Land Lexing- ton, Mass.", Scale: 40 feet to an inch, dated May 21, 1958, Joseph Selwyn-Civil Engineer. #58-31, submitted on May 23, 1958 by S. E. Seegel, attorney for Robert J. and Eileen M. Cuddyer; plan entitled "Plan of Land in Lexington-Mass. ", Scale: 1" = 10', dated May 19, 1958, Miller & Nylander, C.E. 's & Surveyors. In considering the above applications, it was noted that the plan accompanying appli- cation #58-30 was a plan similar to that accompany- ing application #58-27, Lot 7 having been moved eastward in accordance with the Board's sugges- tions set forth in its May 19, 1958 letter to the Lexington Associates, Inc . It was also noted that the plan accompanying application #58-31 was simi- lar to that accompanying application #58-13, the plan having been altered after signature, the date of the plan changed, and the date of the previous endorsement erased for the reasons set forth in the letter accompanying said application. 5-26-58 -2- Thereupon, upon motion duly made and seconded, it was unanimously VOTED: that the Lexington Planning Board determines that the plans accompanyingForm A applica- tions #58-29, #58-30 and #8 -31 do not re- quire approval and that said plans be signed bearing the endorsement "Lexington Planning Board approval under the subdivision Control Law not required " PHEASANT Read to the Board was Mr. William C. Martin' s GARDENS May 19, 1958 letter to the Planning Board together with correspondence between the Planning Director and the Town Counsel in regard to said letter concerning the Blacks' application for approval of the Pheasant Gardens subdivision plan. In the correspondence the Town Counsel stated that he saw nothing in the Martin letter which called for reconsideration by the Plan- ning Board of the decision which it reached at its May 19, 1958 meeting in regard to said application. The Chairman telephoned Mr. Martin to inform him of (a) the receipt of his letter, (b) the Board' s deci- sion in regard to the Blacks' application, and (c) Mr. Martin's right, should he wish to do so, to appeal the Board's decision. SUBDIVISION The attention of the Board was called to CONTROL Chapters 206 and 207 of the Acts of 1958, each of LAW which amends the Subdivision Control Law. Both AMENDMENTS cha ters were approved by the Governor on March 25, 1958 and became effective 90 days thereafter. Chapter 206 sets forth regulations in regard to the submission of preliminary plans. Chapter 207 makes it necessary for the Town Clerk as well as the Plan- ning Board to endorse an approved subdivision plan, the clerk's endorsement stating in effect that no notice of appeal was received during the 20 days after receipt from the Planning Board of notice of approval of the plan. FLINTLOCK Also read to the Board was the Town Counsel's RIDGE May 19, 1958 letter to the Planning Director in re- SECS 1 & 2 gard to Sections One and Two of the Flintlock Ridge development. In the letter the Town Counsel stated that since the Town at the 1958 annual town meeting accepted Flintlock Ridge and Red Coat Lane in both sections of the subdivision, and thereafter took easements therein for town ways, he knew of no fur- ther easements that needed to be obtained by the Town. He further stated that unless the Planning Director knew of any such easements or other rights 5-26-58 -3- that should be obtained, the Town Counsel saw no reason why the subdivider's bonds covering these sections should not be released. The Director said he knew of none. Thereupon,upon motion duly made and seconded, it was unanimously VOTED: to release the performance bond, dated May 1j , 1953, filed by Universal Builders, Inc. , as Principals, and the New Amsterdam Casualty Co. , as Surety, in the sum of thirty-five thousand and no/100 dollars--($35,000.00)-- to secure the performance by the subdivider of the obligations under the agreement, dated May Ii., 1953, in reference to the subdivision en- titled "Plan of Lots in Flintlock Ridge Section One Lexington-Mass.", dated Feb. 13, 1953. VOTED: To release the performance bond, dated October 19, 1953, filed by Universal Builders, Inc ., as Principal, and the New Amsterdam Casualty Co., as Surety, in the sum of twenty-five thousand and no/100 dollars--(e25,000.00) --to secure the performance by the subdivider of the obli- gations under the agreement, dated October 19, 1953, in reference to the subdivision entitle. "Plan of Lots in Flintlock Ridge Section Two Lexington-Mass.", dated Aug. 10, 1953. Pursuant to the May 20, 1958 written request PART OF of the applicant, Frank DeFelice, the Board con- LIBERTY sidered again the matter of his application for HEIGHTS definitive approval of a subdivision plan entitled "Part of LibertyHeights Lexington-Mass.", dated Delete ICE January 29, 195 , said plan having been approved on April 16, 1958. Thereupon, upon motion duly made and seconded, it was unanimously VOTED: To rescind the vote adopted on April 16, 1958 approving the definitive subdivision plan en- titled "Part of Liberty Heights Lexington-Mass.", dated January 29, 1958, Albert A. Miller - Wilbur C Nylander, Civil Engineers and Survey- ors, and to permit Frank DeFelice, the appli- cant, to withdraw his application for approval of said plan and the bond, with deposit secur- ing the same, that he filed for the purpose of guaranteeing the performance of his obliga- tions as the subdivider. The Board next reviewed Mr. Snow's suggested plans for the residential development of a portion 5-26-58 -4- $UN VALLEY II the Tocci-Smith-DeVries lands located in southerly and southwesterly directions from the Lowell-Maple Street intersection. The plans were based on the DeVries' Winchester Development Corp. 's preliminary plan of Sun Valley II, dated April 21, 1958, but, in the Board' s opinion, gave better alignment to A and C Streets. While both of Mr.Snow's plans indi- cated a similar development for the DeVries lands, the Board selected the one in which the over-all development had only one connection to proposed Emerson Road. Mr. Snow suggested drafting this scheme in final form. At the tame time it was de- cided to increase the scope of the study in order to give proper consideration to a possible connec- tion between Bartlett Avenue and Emerson Road, the relation of said ways to future development of ad- jacent lands, and the relation of the DeVries lands to those between said lands and Bartlett Avenue. Mr. Stevens came to the meeting at 8:35 p.m. GREEN He reported that Mr. Antonio Busa had granted VALLEY the utilities in the Green Valley Section Three sub- SEC. 3 division to the Town, a letter enclosing a conformed copy of said grant being given to the Board for its BUSA files. All other matters appearing to be in order, upon motion duly made and seconded, it was unani- mously VOTED: to release the performance bond, dated March 18, 1958,filed by Antonio Busa, as Principal, and Aetna Insurance Company, as Surety, in the sum of Four Thousand Five Hundred and no/100 dollars--( 4500.00)--to secure the performance by the subdivider of his agreement in the form of an application for approval of a definitive plan, Form C, dated January 2 4, 1958, to com- plete the work to be performed by the subdi- vider as shown on the subdivision plan entitled "Green Valley Section Three Lexington-Mass.", dated Jan. 22, 1958. PROPOSED The Board next discussed with Mr. Stevens House LEGISLATION Bill 3009 which it was understood had very recently been passed in the Massachusetts House and had had its H.3009 first reading in the Senate. Even though the proposed legislation was thought to be an improvement over House 1683, it was decided that the present wording could still be improved upon. It was agreed that Mr. Stevens would communicate with Senator Ferguson imme- diately, to see if further Senate readings on the bill could be postponed and an amendment considered. 5-26-58 -5- Reviewed next with Mr. Stevens was the SUN VALLEY situation in regard to acquiring for recreation RECREATION AREA purposes land from the DeVries Construction Co., Inc . (See minutes of the May 19, 1958 Planning Board meeting. ) It was decided to ask Mr. George DeVries and Mr Fred G. Benkley, Jr. to meet with the Board as soon as convenient, Mr. Snow to arrange for an appointment. At 9:10 p.m. the Planning Board and Mr. MAJOR STR a 1' Snow met with the Selectmen in answer to their PLAN request for more information concerning the Plan- ning Board's major street plan with particular WORTHEN AND reference to Worthen and Emerson Roads. (See EMERSON the Selectmen's minutes for an account of this ROADS meeting. ) The Planning Board left the meeting at 10:15 p.m. at which time the Planning Board meet- ing adjourned. Thomas S. Grindle Chairman