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HomeMy WebLinkAbout1959-02-13PLANNING BOARD HEARING I February 13, 1959 The Lexington Planning Board held a public hear- ing on Friday, February 13, 1959 at 8:00 p.m. in Esta - brook Hall, Cary Memorial Building, relative to the appli- cation for approval as a subdivision property of Lexing- ton Development Company known as 'Lowell Estates" situated southerly of the intersection of Maple and Lowell Streets and bounded in part by said streets and lots abutting on said streets. Present were Chairman Grindle, and Members Abbott, Burnell, Jaquith and Soule. Approximately thirty persons attended the hearing. The Chairman read the notice of the hearing as it had been sent to all abutting property owners and others deemed to be affected and as it has been published in the January 29, 1959 issue of the Lexington Minute -man. He then explained that on the advice of theown Counsel a new notice had been advertised and a new hearing was being held so that if there were any question as to the legality of the previous hearing it would now be eliminated. He pointed out that there had been an error in the notice of said previous hearing, the error being in the date 1958 which should have been 1959. Mr. Grindle also explained the matters concerning which a planning board had juris- diction under the Subdivision Control Law, emphasizing that such a board had no jurisdiction of the type of house to be constructed and related matters. In conclusion, Mr. Grindle gave an explanation of how the hearing would be conducted. He then requested that a representative of the Lexington Development Company present the proposed definitive subdivision plan entitled "Lowell Estates Lex- ington, Mass.", dated Dec. 12 1958. Mr. Eugene L. Tougas of Waltham stated that he was an attorney at law and represented the Lexin-ton Develop- ment Company. Using the plans on display he pointed out that they were the same as those presented at the previous hearing held on January 19, 1959. He explained various details on the plan and said that these had been discussed with the Planning Board at an informal meeting held on January 29, 195°. He sd d that since the plans had been approved by the Town Engineer and since it complied with Lexington's Zoning B -7 -law and subdivision rules and regu- lations, the Lexington Development Company was asking for approval of said plan. ' Mr. William Hammer of 15 Fiske Road wanted to be assured that the records of the public hearing held on January 19, 1959, including the statement he had read and the petition Mr. Shaughnessy had read, would be incorporated 2-13-59 in the records of the of his neighbors had Ing that it would be regard to the Lowell the previous records hearing. -2- present hearing. He said that many not come to the present hearing believ- a r epetItion of the last one held in Estates subdivision. Mr. Grindle said would be incorporated into the present Mr. Hammer asked a number of questions about the location of sidewalks and the width of streets within the subdivision. He suggested that the pavement of the road connecting to Lowell Street be widened to make what he be- lieved would be a safer place of entrance from and exit to a much -traveled way. Mr. Maurice J. Reutter of 6 Fairlawn Lane expressed the opinion that the proposed road should be widened. Mr. Frederick W. Crawford of 276 Lowell Street asked if said street could be widened at the intersection of the proposed subdivision. It was pointed out that all streets in the subdivi- sion were to be 50 feet in width, all road pavements 24 feet wide, and sidewalks to be 5 feet in width. It was also pointed out that the location of sidewalks had not been deter- mined but would be located on all principal streets. Mr. Grindle noted that Lowell Street was a State highway and not under jurisdiction of the Town. He said that the matter of additional pavement width for a portion of the subdivision street discussed would be taken unser consideration by the Board. Mr. John Castelli of 194 Lowell Street asked if the proposed subdivision plan might be modified so that a con- nection could be provided to his land in such a way that it could be developed more economicallir. Mr. Castelli was asked to discuss the matter after the hearing with the Messrs. DeVries of the Lexirton Development Company. A number of comments and questions in regard to drains in Lowell Street were made and asked. It was sug- gested that the persons interested in the matters involved refer them to the Lexington. Department of Public Works. In answer to Mr. Hammer's question regarding what guarantee there would be that work as shown on the subdivision would be completed, he was informed of the method of either filing a performance bond or a covenant, the provision of such in- struments being read. Mr. George DeVries said that his com- pany was asking that all the subdivision be approved under the provisions of a covenant. Mr. Reutter asked who supervised the work to be per- formed as shown on the subdivision plan. He was informed that this was the responsibility of the Superintendent of Public Works, that when all the work was completed to his satisfaction he so notified the Planning Board in writing, and upon receipt of this notification the Board was in a position 1 L 1J 2-13-59 -3- to release the performance guarantee. Upon conclusion of the hearing, Mr. Grindle asked for a show of hands of those in favor of and opposed to approving the subdivision plan. No one indicated that he was in favor, 25 persons indicated that they were not in favor, of such approval. Mr. Grindle then said the plan would be taken under advisement and declared the hearing closed, the time being 8:50 p.m. Richard H. Soule Clerk 1