HomeMy WebLinkAbout1959-12-14 111
PLANNING BOARD MEETING
December 140 19
Zt- 59
A regular meeting of the Lexington Plan-
ning Boar Office, Town Office Building, on
Monday, December ]4, 1959 at 7:1+0 p.m. Present
were Chairman Abbott, Members Burnell, Grindle,
Mabee, and Soule, and Planning Director Snow.
Town Counsel Stevens was also present ' from 8:1.0
o.m. to 9 30 p.m.
A pproved by the Board were the minutes MINUTES
of its November 30, 1959 meeting.
Also approved was the following bill
which had been presented for payment : Bruce E. BILL
Howlett, Preparation of Report on Population--
$135.00.
Taken unc.er consideration was the follow-
ing Form A application for determination of FORMS A
Planning Board jurisdiction :
#59-84, submitted December 10, 1959 by
Arthur G. Baker, Agent for Pond Realty
Trust ; plan entitled "Plan of Land in
Lexington, Mass. ", scale : 1 in. = 40 ft . ,
dated Nov. 2, 1959, Fred A. Joyce, Sur-
veyor.
Upon motion duly made and seconded it was unan-
imously
VOTED: that the Lexington Planning Board deter-
mintes that the plan accompanying Form A
application #59-84 does not require
approval under the Subdivision Control
Law and that said plan be so endorsed.
The attention of the Board was called to
Mr. John J. Carroll's December 114, 1959 letter in MIDDLE
regard to the work in the Middle Ridge Section RIDGE
subdivision being completed with the exception of -
the sidewalk and the loaming and seeding of the SEC. 3
road shoulders. The Board approved Mr.Carroll 's
recommendation that it now secure the construction ROBERTS
of sidewalk and the road shoulder foaming and seed-
ing in the amount of $1000 for a one-year period.
Mr. Snow was asked to inform Mr. Carroll of the
Board's decision and to ask Mr. Stevens to prepare
12-1)4-59 -2-
the necessary instrument wherein the Board would
release the bond it now holds upon receipt of a
$1,000 bond for the work as noted above.
The Board took under consideration next
BOARD OF the findings, rulings, and order for decree, dated
APPEALS December 8, 1959, in regard to the Planning Board
of Lexington vs. the Board of Appeals of Lexington
et al, said findings and decree having been signed
by Stanley W. Wisnioski, Judge of the Middlesex
Superior Court. In discussing the document with
the Town Counsel, it was his opinion that the Court
had not found a single fact which was in dispute,
that nothing but conclusions were set forth in said
document, and that it was not a valid decision. He
said that in his opinion the decision could be re-
versed on appeal . In answer to the Board' s request
Mr. Stevens explained the procedure to be followed
should the Board wish to take an appeal on the de-
cision of the Superior Court. He also explained
to the Board courses of action which the Board might
take in regard to said decision. After Mr. Stevens
had left the meeting members of the Board were
polled in regard to appealing the Superior Court
decision. It was the unanimous opinion of the mem-
bers
that such an appeal should be taken but that
before doing so the Planning Board should discuss
the matter with the Selectmen
Thereupon, the Planning Board adjourned its
meeting at 10 :00 p.m. and attended the Selectmen' s
meeting to discuss the matter.
/ l fid/
R and H. Soule,
Clerk