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Home My WebLink About1959-05-11 PLANNING BOARD MEETING May 11, 1959 A regular meeting of the Lexington Plan- ning Board was held in the office of the Board, Town Office Building, on Monday, May 11, 1959 at 7:40 p.m. Present were Chairman Abbott, Messrs. Grindle and Mabee, and Planning Director Snow. Town Counsel Stevens was also present from 9:30 to 10 :30 p.m. Approved by the Board were the minutes of the April 27 and May 4, 1959 Planning Board MINUTES Meetings. Approved also by the Board were the following bills which had been presented for pay- BILLS ment : . L.M.Foster, Inc ., office supplies-44.32; Graphic Reproductions, Inc. , white prints-41. 20. From 8:00 to 8:05 p.m. Mr. Joseph W. Moore, surveyor, met with the Board to obtain its in- WAYMINT formal opinion in regard to a proposal of the REALTY TRUST iaymint Realty Trust to subdivide into three lots SUBDIVISION 1 Lot 23 in the Middle Ridge, Sec. 2 subdivision. PROPOSAL Mr. Moore showed the Board an uncompleted sketch including some topographical data and the outline of a dead-end street approximately 375 feet long and abutting the southerly side line of Lot 23. He pointed out that the proposed street would slope slightly toward Turning Mill Road. From what information was shown on the sketch the Board decided it had no objections to the Trust 's pro- posal. The Board considered next Mr. Brun's re- quest for a written offer for McCormack-Brun LAND FOR land which the Planning Board had recommended that RECREATION the Town acquire for recreational purposes. (See PURPOSES minutes of the April 27, 1959 Planning Board meet- ing.) After a review of matters as the Board un- McCORMACK- derstood them, notes were dictated from which Mr. BRUN LAND Snow was asked to draft for the Board's considera- tion at its next meeting a letter addressed to Mr. Brun setting forth the Board' s proposal. With reference to the previously submitted BESSETTE preliminary scheme of Mr. Robert E. Bessette (See - March 23, 1959 Planning Board minutes) , the Board PROPOSED reviewed the revised scheme entitled "Plan of PRELIMINARY Land Lexington, Mass.", dated May 7, 1959 by Fred SUBDIVISION A. Joyce, Surveyor. Before giving an informal PLAN opinion on this revised scheme, particularly with 5-11-59 reference to Lot 3 as shown on said plan, the Board requested Mr. Snow to ask that the 176 contour de- lineating the Town' s flowage rights be drawn on the plan. In addition Mr. Snow was asked to study the design of the dead-end street shown on the plan with the idea of recommending an improvement in its align- ment . When Mr. Stevens met with the Board the fol- FORMS A lowing Form A applications for determination of Plan- ning Board jurisdiction were considered: #59-36, submitted May 6, 1959 by Joseph W. Moore, Agent for Waymint Realty Trust; plan entitled "Plan of Land in Lexington, Mass.", dated April 24, 1959, Scale: 1" = 40' , Joseph W. Moore, Inc ., Reg. Land Surveyor. #59-37, submitted May 6, 1959 by Joseph W. Moore, Agent for Dennis J. Kelley; plan entitled "Plan of Land in Lexington, Mass.", Scale: 1" = 40' , dated May 14, 1959, Joseph W. Moore, Inc . , Reg. Land Surveyor. #59-38, submitted May 11, 1959 for Boston & Maine Railroad, by W. H. Barrett, its Attorney; plan entitled "Land in Lexington, Mass.", dated February 9, 1959, Scale: 1" = 30' , J.F.Kerwin, Engineer of Design. Upon motion duly made and seconded, it was unanimously VOTED: that the Lexington Planning Board determines that the plans accompanying Forsm A #59-36, # #59-37 and #59-38 do not require approval under the Subdivision Control Law and that said plans be so endorsed. Discussed next with Mr.Stevens was the LAND FOR possibility of the Town purchasing for recreational RECREATIONAL purposes the remaining Tower Estate land which the PURPOSES Board was recommending that the town acquire. Mr. Stevens reported that he had discussed with the TOWER trustees and real estate agent of the said estate ESTATE the "Plan of Land in Lexington-Mass. ", dated December 17, 1951 and revised August 2, 1954, by Everett M. Brooks Co. He pointed out on said plan those areas adjacent to existing lots which the agent thought might be sold to adjacent property owners. Mr. Stevens asked the Board to consider whether or not it wished to recommend the acquisition of the entire 5-11-59 -2- remaining Tower Estate land as shown on said plan or only the remainder of the land which said a gent felt might be sold to adjacent property owners. It was decided that the Board would examine the site the following Saturday morning with a view of making such a determination. The Board gave further consideration to the Berman and Tropeano petitions to be heard by the BOARD OF Board of Appeals on May 12, 1959. Mr. Snow reported APPEALS that the Berman petition had been withdrawn. The Board then discussed with the Town Counsel the plan TROPEANO for the proposed building and parking area which was submitted to the Board of Appeals with the Tropeano petition. It was decided to write a letter to the Board of Appeals with reference to the Tropeano petition pointing out that the notice of said peti- tion was not adequate to permit anything to be done outside the limits of the lot numbered 114 Waltham Street. (See addendum.) Mr. Stevens reviewed his previous discussions with the Board with reference to the uncompleted ADAMS ESTATES work in the Adams Estates Section 2 subdivision SEC. 2 pointing out the facts (1) that the performance - ' guarantee for work to be done in this subdivision COSCIA was a conditional approval contract, (2) that Mr Emanuele M. Coscia, Jr. had an agreement to pur- chase Lot 10 in said subdivision after the way and other improvements necessary to adequately serve such lot are completed under the terms of said conditional approval contract executed by Louis M. Nystrom, and (3) that the Board had pre- viously indicated its willingness to release the restrictions in regard to said lot provided Mr. Coscia entered into an agreement with the Town to complete and install the way and other improve- ments necessary to serve adequately such lot, secured by said agreement with an adequate deposit in the form of a certified check. Mr.Stevens showed the Board the agreement which he had pre- pared and which had been executed by Mr.Coscia, a bank check for $500 securing said agreement, and the release of restrictions instrument which he had prepared for the Board's execution. All matters appearing to be in order, upon motion duly bade and seconded, it was unanimously VOTED: that the Board release Lot 10 shown on the subdivision plan entitled "Adams Estates Section Two Lexington-Mass .", dated December 21, 1955, from the restriction in the con- ditional approval contract against the sale • 5-11-59 of such lot and against the erection or placing of any building on such lot, but that such action shall in no manner affect the application of said restriction is expressly reserved and maintained in full force and effect as to all said other lots. The Board then executed the Release of Restrictions instrument dated May 11, 1959, said instrument being given to Mr. Stevens. Mr. Snow was given the Agreement executed by Mr. Coscia and the Lexington Savings Bank check for $500.00 for transmittal to the Town Clerk for safekeeping. After Mr. Stevens left the meeting, there was held a general discussion of other matters currently before the Board. The meeting then ad- journed at 11:00 p.m. Charles T. Abbott, Chairman * * * ADDENDUM May 12, 1959 Board of Appeals Town Office Building Lexington 73 Mass. Gentlemen: Reference is made to your notice of the petition of Alfred P. and Gladys E. Tropeano to be heard on May 12, 1959. It would appear from reading the notice of said peti- tion that a request is being made only to extend and enlarge the use and building at 114 Waltham Street whereas a view of the plans submitted with the peti- tion indicate that it is proposed to use the rear of the prem? ses numbered 100 Waltham Street for parking purposes. The Planning Board doubts that the people receiving or reading a copy of said notice are aware of this intent and calls your attention to the fact that the notice is not adequate to permit anything to be done outside the limits of the lot numbered 114 Wal- tham Street. Very truly yours, LEXINGTON PLANNING BOARD /s/ Thomas S. Grindle,Vice Chairman