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HomeMy WebLinkAbout1959-03-23' PLANNING BOARD MEETING March 23, 1959 A regular meeting of the Lexington Planning Board was held in the Planning Board Office, Town Office Building, on Monday, March 23, 19591 at 7:40 p.m. Present were Chairman Abbott, Members Burnell, Grindle, Mabee and Soule, and Planning Director Snow. Town Counsel Stevens was present from 8:15 to 8:30 p.m. Approved by the Board were the following bills which had been presented for payment: from current ex- penses: Graphic Reproductions, white prints --$6.05; Minute -man Publications, advertising --4.90; from Base Map account, John C. Lichtenberg, corrections and additions to town map --$143.94• The attention of the Board was called to Mr. Stevens' March 19, 1959 letter in regard to obtain inn easements and grants of utilities in the Pea- cock Farm, Section 4 subdivision. All matters appearing to be in order, upon motion duly made and seconded, it was unanimously VOTED: To release the performance bond dated July 31, 1956, filed by Constructors' Properties, Inc., as Principal, and The Century Indemnity Company, as Surety, in the sum of twenty- eight thousand five hundred and 00/100 dollars--($28,500.00)--to secure the perform- ance b}* the subdivider of his agreement in the form of an application for approval of a definitive plan, Form C, dated April 17,1956, to complete the work to be nerformed by the subdivider as shown on the subdivision plan entitled "Peacock Farms Section Four Lexing- ton, Mass.", and dated Apr. 171 1956. The Board's attention was also called to Mr. Stevens' March 171 1959 letter in regard to the granting of utilities and easements in Sections 1 and 2 of the Hancock Heights development. All matters appearing to be in order, upon motion duly made and seconded, it was unanimously VOTED: To release the performance bond, dated June 18, 19[6, filed by Mark Moore, Jr., trustee of Moore Realty Trust, as Principal, and Peerless Insurance Company, as Surety, in the sum of Twenty-two Thousand and no/100 Dol- lars--(221000.00)--to secure the performance BILLS PEACOCK FARM SEC. 4 CONSTRUCTORS' PROPERTIES INC. HANCOCK HEIGHTS SECTIONS 1 & 2 MOORE REALTY TRUST 3-23-59 by the subdivider of his agreement in the ' form of an application for approval of a definitive plan, Form C, dated May 7, 1956, to complete the work to be performed by the subdivider as shown on the subdivision plan entitled "'Hancock Heights' Lexington, Mass.", dated -April 23, 1956, the Principal having assumed the obligations of the subdivider by instrument entitled "Assumption of Obliga- tions of Subdivider by Subsequent Purchaser," dated June 25, 1956." To release the performance bond, dated Oct- ober 7, 1957, filed by Mark Moore, Jr., trustee of Moore Realty Trust, as Principal, and Continental Casualty Company, as Surety, in the sum of Nineteen Thousand and 00100 Dollars--($19,000.00)--to secure the perform- ance by the subdivider of his agreement in the form of an application for approval of a definitive plan, Form C, dated September 17, 1957s to complete the work to be performed by the subdivider as shown on the subdivision plan entitled "Hancock Heights Section Two Lexington, Mass.", dated June 20, 1957. Mr. Snow called the Board's attention to the ' BURNHAM fact that Todd Realty, Inc, had filed a performance FARMS bond assured by a security ccmpany for work to be per - SEC. 4 formed in the Burnham Farms Section 4 subdivision. - He also called the Board's attention to the Board of TODD Health's March 4, 1959 letter in regard to said sub - REALTY, division. All matters appearing to be in order, upon INC, motion duly made and seconded it was unanimously VOTED: That the definitive subdivision plan entitled "Burnham Farms Section Four Lexington, Mass.", dated January 311 1959 which was submitted to the Board by Todd Realty, Inc, on February 17, 1959 accompanied by an application for approval of definitive plan Form Ci dated February 9, 1959s be and hereby is approved subject to the condition that lots 42A and 43A shall not be built upon without prior consent by the Lex- ington Board of Health. The Board's attention was also called to the fact that Colonial Development Corporation had filed with the Board a performance bond secured by a secur- ity company for work to be done in the Colonial Acres Section 4 subdivision. The Board of Health's ' March 6, 1959 letter in regard to said subdivision was also noted. All matters appearing to be in order, C 1 3-23-59 upon motion duly made and seconded, it was unan- imously VOTED: That the definitive subdivision plan entitled "Colonial Acres -Section Four Lexington, Massa- chusetts," dated February 6, 1959 which was submitted to the Board by Colonial Development Corp, on February 27, 1950, accompanied by an application for approval of definitive plan, Form C, dated February 12, 1959P be and hereby is approved. Mr. Douglas J. Wacome, President of Wynwood Associates, Inc., met with the Board from 8:10 to 8:15 p.m, to submit the definitive subdivision plan entitled "Oak Hill Fstates Section Two Lexington, Mass.", dated Feb. 4, 1959. The date for a hearing relative to said application was set for April 13, 1959 at 8:00 p,m, Mr. Stevens met with the Board from 8:15 to 8:30 p.m. At this time he called attention to his March 10 and 13, 1959 letters to the Board notify- ing it of the DeVries Construction Co., Inc. and the George J. DeVries conveyance to the Town of the remaining lands in the Sun Valley subdivision area that was to be acquired by the Town pursuant to the vote adopted under Article 46 of the Warrant for the 1958 Annual Town Meeting. Mr.Stevens suggested t o the Board it would seem now to be in order for the Board to review the situation and determine what arrangements it desired to work out to provide access between the two parcels that are now separated by an unnumbered parcel conveyed previously to the owner of Lot 187 in said subdivision. It was decided to review the entire Whipple Hill situation at a special Planning Board meeting to be held by the Board some- time in April. COLONIAL ACRES SEC, 4 COLONIAL DEVELOPMENT CORP. OAK HILL ESTATES SEC . 2 WYNWOOD ASSOCIATES PROPOSED WHIPPLE HILL RECREATTON AREA Mr. Stevens also discussed with the Board the situation with reference to the Adams Estates, Sec.2 ADAMS subdivision and the fact that Mr. Emanuele Coscia,Jr. ESTATES had an agreement to purchase from the subdivider Lot 10 in said subdivision. Mr. Stevens asked if, in view of the uncompleted status of the work to be done in this subdivision, the Board would consider accepting an arrangement wherein Mr. Coscia could file a per- formance bond to insure the cost of the extension of Millbrook Road for a distance of 150 feet, said distance being sufficient to serve Lot 10 on which Mr. Coscia wished to build a house. The Board authorized Mr. Stevens to proceed with arranging such an agreement as he had in mind. 3-23-59 1 1 1 At 8:30 p.m. Messrs. Walter S. Pierce, C.N. EMERSON Touart, Laurens Troost, and Benjamin 'lhhite, ROAD trustees of Peacock Farms Association, met with - the Planning Board in regard to the proposed PEACOCK FARM location of Emerson Road through the Peacock Farms ASSOCIATION Development, particularly as said road related to the proposed swimming pool under construction on the Association's common land. At the request of the Board Mr. Snow discussed his recommended location for Emerson Road and possible alternate solutions for its location between Cambridge -Concord Highway and Massachusetts Avenue, said discussion being a dupli- cate of that which took place at the previous Plan- ning Board meeting and with the Selectmen. (See Planning Board minutes of March 17, 1959.) After a detailed discussion of the proposal, the trustees were informed that unless they could offer a better proposal than Mr. Snow's recommended location for Emerson Road, the Planning Board proposed to proceed with plans for acquiring land for the purpose of lay- ing out Emerson Road in said location. The trustees said that they would consider the matter further and left th.e meeting at 9:15 p.m. Considered next were three proposals of Mr. ARLEX Robert F. Bessette of the Arlex Realty Trust for REALTY development of the former Silk and Vine Valley Realty TRUST Corporation land bounded by Vine Brook and lots fronting on Burnham Road and East Street. The Board's BESSETTE attention was called to the Moore Realty Trust's March 11, 1959 letter to Mr. Bessette in which it was stated that said Trust agreed to sell to Arlex Realty Trust a parcel of land fronting on Burnham Road, said parcel to be used for an access to the Arlex Realty Trust land. It was decided to approve a scheme wherein there would be constructed a dead-end street having access to Burnham Road, the present access to Arlex Realty Trust land from East Street would be eliminated, and the rear property lines of lots fronting on East Street would be rearranged in such a manner as to provide better -shaped lots fronting on the dead end of the proposed street. The Board asked Mr. Snow to present this matter to Mr. Bessette forhis consideration. EMFRSON RD. Read to the Board was Mr. Edwin B. Worthen NAME Jr.'s March 15, 1959 letter to the Planning Board with - reference to the naming of Emerson Road. After due WORTHEN consideration the Board dictated to Mr. Snow notes with which he was asked to prepare for the Board's consideration a draft of a reply to Mr. Worthen's letter. 1 1 1 3-23-59 Considered and approved by the Board were ' drafts of letters in regard to the Hamilton and BOARD OF Peacock Farms Associatinn petitions to be heard by APPEALS the Board of Appeals on March 24, 1959. (See addenda.) The meeting adjourned at 10:15 p.m. )R4chard H. Soule, Clerk March 24, 1959 Board of Appeals mown Office Building, Lexington 73, Mass. Re: William H. Hamilton Worthen Road Gentlemen: ' Reference is made to the petition of William H. Hamilton for a variance to divide a parcel of land at the corner of Worthen Road and Massachusetts Avenue into two lots, one of which will not have the area required by the Zoning By-law. The Planning Board .wishes to be recorded as being opposed to the granting of said variance. Setting forth the reasons for its decision as noted below, the Planning Board understands that Mr. Hamilton does not own the land now or formerly owned by Daniel H. and Beatrice H.Freeman. ;,then Worthen Road was laid out as a Town Way in 1955) a taking of an easement for a Town Way was made in a portion of the Freeman land by the Board of Selectmen on July 11, 1955. Enclosed herewith is sheet C of the plan referred to in the taking order. When the copjr of the plan has served your purpose please return it to the Planning Board. As will be noted on the plan, the Freeman land on which the easement was taken and a small portion of 1180 sq. ft. was cut off from the remainder of the land by Worthen Road. The Selectmen were unable to reach a mutually acceptable price with Mr. Freeman and he accordingly brought suit in the Superior Court to have the damages determined by a jury. ' Subsequently, he died and the proceedings were carried on by his widow as his executrix and as part owner of the re- maining land, since the title had.b een held as tenants by 3-23-59 the entirety. When the case was about to be tried the , Selectmen reached the settlement by which the Town paid Mrs. Freeman $2900. The settlement was completed in July of 1958. The negotiations for settlement proceeded on the basis that before the layout of the road there had been suf- ficient land for two lots, one of which would face on Massachusetts Avenue and the other on Stratham Road, and that following the taking the area was reduced to such an extent that it was not sufficient to provide for two lots. Accordingly, the question at issue was principally the determination of the value of the lot which had been lost as a result of the taking. It was on this basis that the Town finally paid $2900. In view of the settlement made in this case, it is the Planning Board's opinion that no hardship would be in- volved in denying Mr. Hamilton's petition. Sincerely yours, LEXINGTOY PLANNING BOARD Isl Charles T.Abbott,Chairman ' March 24, 1959 Board of Appeals Town Office Building Lexington 73, Mass. Re: Peacock Farms Association Petition to be heard March 24, 1959 Gentlemen: Reference is made to the petition noted above and to the Planning Board's December 16, 1958 letter in regard to the Peacock Farms Association petition to construct a swimming pool located on common property held by the trustees of said association. For your information attached herewith is a marked white print on which is shown the proposed location of Emerson Road from Route 2 to Massachusetts Avenue, said location showing one quadrant only of an interchange drawn to Massachusetts Department of Public `.-forks standards. From information supplied by the Peacock Farms Association there is also shown the location of common property re- ferred to above and the creation of the proposed swim- ' 3-z3-59 -4- ming pool. The plan for Emerson Road was reviewed, dis- cussed, and tentatively approved on March 171 1959 by the Town Engineer, Board of Selectmen and Planning Board. Sincerely yours, LEXINGTON PLANNING BOARD /s/ Charles T. Abbott, Chairman CI