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HomeMy WebLinkAbout1959-10-13 PLANNING BOARD MEETING October 13, 1959 A regular meeting of the Lexington Planning Board was held in the Board' s office, Town Office Building on Tuesday, October 13, 1959 at 7:30 p.m. Present were Chairman Abbott, Members Burnell, Grindle, Mabee and Soule, and the secretary Mrs . Baker. Town Counsel Stevens was present from 9:10 until 9:30 p.m., The Board approved the following bills which had been presented for payment • David Cooper, pro- BILLS fessional services, Sent. 24, Oct. 5, and 8, 1959-- $48.50; Wallace B. Mitchell, white prints-44.85. Taken under consideration was the following Form A applications for determination of Planning FORMS A Board jurisdiction: #59-66, submitted October 13, 1959 by Antonio Cataldo; plan entitled "Plan of Land in Lexington, Mass.", Scale : 1" = 30' , dated Oct. 9, 1959, Miller & Nylander, C E. 's & Surveyors. #59-68, submitted October 13, 1959 by C . Lawrence Bond for Charles A. Linehan; plan entitled "Plan of Land in Lexington Sur- veyed for Charles A. Linehan", dated Sept. 4, 1959, C . Lawrence Bond, Surveyor. It was decided that the plan accompanying application #59-66 needed corrections and should be referred to Mr. Nylander before the Board made a finaldetermination in regard to said application. The Board' s attention was called to Mr. Bond' s October 9, 195° letter in regard to the Linehan plan. Mr. Sharkey of the Itek Corporation and Mr. Linehan were present to discuss said plan. Mr. Sharkey showed a plan of proposed Itek build- ings and how Mr. Linehan ' s land was to be added to Itek holdings . Necessary evidence having been sub- mitted to show why the Linehan plan was not a sub- division, upon motion duly made and seconded, it was unanimously VOTED: that the Lexington Planning Board determines that the plan accompanying Form A application #59-68 does not require approval under the 10-13-59 -2- Subdivision Control Law, and that said plan be so endorsed. The attention of the Board was called to Mr. GREEN Stevens' October 9, 1950 letter in regard to obtain- VALLEY ing easements and grants of utilities in the "Green SEC . 4 Valley Section Four" subdivision. All matters appear- - ing to be in order, upon motion duly made and BUSA seconded, it was unanimously VOTED: To release the performance bond, dated March 5, 1959: filed by Antonio Busa, as Principal, and Aetna Insurance Company, as Surety, in the sum of eleven thousand dollars--(11,000)-- 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 16, 1959, to complete the work to be performed by the subdivider as shown on the sub- division plan entitled "Green Valley Section Four Lexington, Mass.", and dated January 12, 1959. Read to the Board was a letter dated October FOLLEN HILL 9, 1959 from Fallen Hill Estates Assn, ,Inc . request- ESTATES ing arrangement for a meeting with the Planning Board ASSN. to discuss the proposed extension of Buckman Drive to Moreland Avenue In reply to said request the Chair- man by letter informed said association that when and if this extension is planned it will be preceded by a public hearing which will be advertised in the Lexing- ton Minute-man. (See Addendum. ) From 8:25 to 8:40 p.m. Mr George S. DeVries, WINCHESTER representing the Winchester Development Corp . , met ESTATES with the Board to discuss the revised Winchester Es- - tater Section 4 plan and to request that the Board, WINCHESTER as the Winchester k'lanning Board had done, endorse DEVELOPMENT said plan on the basis that it did not require appro- CORP. h Subdivision Control Law (See October 5, val under the 1959 Planning Board minutes .) The Board did not endorse said plan stating that it would refer it to the Town Counsel. Mr. DeVries also Inquired about arrangements LOWELL for delaying the construction of sidewalks in the ESTATES Lowell Estates subdivision until after he completed houses therein. It was suggested that the subdivider, LEXINGTON Lexington Development Co. , could be released from the DEVELOPMENT provisions of its covenant with the Town provided CO. said company substituted a bond in the amount neces- sary to cover the cost of completing the unfinished work in said subdivision. Mr. DeVries was referred to 10-13-59 -3- Mr. Carroll, Supt . of Public Works, who would deter- mine the estimated cost of completing said work. Considered next and approved by the Board was the draft of a letter to the Board of Appeals set- BD OF ting forth the Planning Board 's opposition to the APPEALS granting of the Netzer petition for a variance to - locate a trailer on lots on Valley Road and to use NETZER said trailer for a dwelling. (See addendum. ) Mr. Soule was asked to attend the Board of Appeals hear- ing on said petition and to present said letter to the Board. Thereupon, Mr. Soule left the meeting at 8:!a_5 p m. and returned at 9:30 p.m. The Planning Board considered also the notices of petitions to be heard by the Board of Appeals on October 27, 1°5° . It was decided to take no action in regard to said petitions Read to the Board was Mr. Reenstierna ' s Oct. 6, 1959 letter setting forth his informal opinion of WHIPPLE the value of the parcels of land owned by Messrs. HILL Herzog and Benkley, said parcels being located on LAND FOR Whipple Hill and being ones which the Town wished to RECREATION acquire for recreational purposes. It was Mr. Reen- PURPOSES stierna' s opinion that each parcel contributed no more than $1000 to the whole of each of the Herzog and Benkley properties and that damage after a tak- ing in each instance would not be more than said amount and quite probably about$500. Mr Abbott stated that Mr. Berglund had also appraised said parcels and thought their value to be about $500 each. In view of these opinions it was decided to discuss the matter with the Selectmen later in the evening and to recommend that the parcels be acquired by eminent domain Discussed next was the Board of Appeals de- cision granting the McCormack petition for a pro- McCORMACK fessional office building. It was the concensus PETITION that a definite ruling should be obtained on the - zoning matters involved so that the Planning Board BOARD OF would be guided and/or know how to proceed in plan- APPEALS ning for the Town ' s future and in preparing future amendments to the zoning by-law. Thereupon, upon motion duly made and seconded, it was unanimously VOTED: That the Lexington Planning Board file in the Middlesex Superior Court an appeal from the Lexington Board of Appeals decision that was filed in the Town Clerk' s office on September 28, 1959 granting a variance of the Lexington 10-13-59 -4- Lexington Zoning By-law to G. Ruth and Paul J. McCormack to erect a professional office build- ing at 789 Massachusetts Avenue At 9:10 p.m. Mr. Stevens came to the meeting. The Board then discussed with him its decision to appeal from the Board of Appeals decision in regard to the McCormack case. Mr. Stevens stated that if the Planning Board appealed the decision, it would be necessary for someone to represent said Board. Mr. Stevens said the Board should ask the Selectmen for such counsel. At 9:30 p .m. the secretary was dismissed. Mr. M EfING Soule having returned to the meeting, the Board and WITH Mr. Stevens then met with the Selectmen to discuss SELECTMEN the McCormack matter and also the acquisition of land on Whipple Hill for recreational purposes. (For a record of this discussion see the Selectmen' s minutes. ) At 10:45 p.m. the Planning Board returned to its own meeting to discuss various planning matters currently under consideration. At 11:30 p .m. Mr. Stevens returned to the Plan- ning Board meeting to inform the Board that the Se- lectmen had appointed him to represent the Planning Board in its appeal from the Board of Appeals decision in regard to the McCormack case. Thereupon, the Plan- ning Board meeting was adjourned c "Ikichard H. Soule Clerk * 4 * ADDENDUM October 14, 1959 Follen Hill Estates Assn. , Inc . 1j6 Buckman Drive Lexington 73, Mass. Attn: Phyllis F. Black Gentlemen We refer to your letter of October 9 in which you re- quest an interview with the Planning Board in regard to the extension of Buckman Drive to Moreland Avenue . When and if this extension is planned it will be pre- ceded by a public hearing utaich will be advertised in lO-13-59 -5- the Lexington Minute-man. If there is any information or help that you require at this time please contact me . Sincerely yours, LEXINGTON PLANNING BOARD /s/ Charles T. Abbott, Chairman October 13, 1959 Board of Appeals Town Office Building Lexington 73, Mass. Re: Rose Massucco Netzer petition Trailer to be used as dwelling Gentlemen: The Planning Board has no knowledge of the facts to be presented in regard to the petition referred to above to vary the Building By-law. The Board would like to comment, however, on said petition with reference to Lexington 's Zoning By-law. In the original preparation of said Zoning By-law and its subsequent revisions no provision was made for the inclu- sion of trailers as a permitted building or use. It is be- lieved that this was not an oversight on the part of the Planning Bo2rd in recommending the by-law or of the Town in voting upon the same. It is believed that it was intended that house trailers not be permitted. The Planning Board believes that their inclusion in residential districts tends to depreciate the value of the neighborhood and that public convenience and welfare will not be substantially served by the granting of said petition. It is for these reasons that the Board wishes to be placed on record as being opposed to the granting of the petition . Sincerely yours, LEXINGTON PLANNING BOARD /s/ Charles T. Abbott, Chairman