HomeMy WebLinkAbout1963-02-181
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PLANNING BOARD M=TNTG
February 18, 1963
The Lexington Planning Board held a regular
meeting in its office in the Town Office Building
on Monday, February 18, 1963 at 7:45 p.m. Prdsent
were Chairman Grindle, members Mabee and Meyer, and
Mr. Snow, Planning Director.
Considered first and unproved by the Board. MINUTES
were the minutes of its meeting of January 291 1963•
Approved for nayment were the following? bills
which had been submitted : L. M. Foster, Inc., office BILLS
supplies -4'2.43; Minute -man Publications, Inc., ad-
vertisine;-449.00.
Considered next was Mr. Antonio Busats appli-
cation for arnroval of the Green Valley, Section 7
definitive subdivision plan. (See minutes of Plan-
ning Board meeting of January 14,1963. ) ]\To written
request of the applicant having been received for
further extension of the time within which the Plan-
ning Board must take final action on said definitive
olan, and the extended time to and including February
18 having expired, unon motion duly made and seconded
it was unanimously
VOTED: that the definitive subdivision plan entitled
"Green Valley Section Seven Lexington, Mass.",
dated July 6, 1962, which was submitted to the
Board by Antonio Busa on July 30, 1962s accom-
panied by an application for approval of a
definitive n lan, Form C, dated May 29, 1962,
be and hereby is disapproved for the following
reasons:
(a) Circle Road in the subdivision would be
further than 500 feet from the nearest means
of access, namely the intersection of Anthony
and. Lillian Roads; (b) the subdivision has no
recognized second means of access; (c) an
executed. instrument has not been obtained from
the Town of Arlington to cast surface water
from the subdivisiononto the Great Meadows:
and (d) no performance guarantee has been filed
in connection wit)- the subdivision.
The _following Form A applications for nlanni_ng
Board jurisdiction were also considered:
GREEN VALLA''
SEC. 7
BUSA
2-18-63
-2-
#63-15, submitted. February 12, 1963 by Myron '
FORMS A C. Fisher for Reorganized Church of Jesus
Christ of Latter Day Saints; plan entitled
"Plan of Land in Lexington.. Mass.", dated Feb.
8, 1963, Scale: 1" = 401, Miller F- Nylander,
C .ii . ' s Re Surveyors.
X63-16, submitted February 12, 1963 by Ruth
Morey; plan entitled "'Dian of Lots Land in
Lexinp?ton, Mass.'t, Scale: 1. 401, dated
Jan. 181 1963s Miller R- Nylander,
Surveyors.
x#63-17, submitted February 18, 1963 by Samuel
P. Snow for the Town of Lexin7ton; plan en-
titled "A Subdivision of Land Court Case No.
9469 Land in Lexington, Mass.", Scale: 1" = 401,
dated Nov. 15, 1960, Miller & Mylaneer, C.7.1s
& Sur veyor s -
There was distributed to members of the Board
MORFY conies of Town Counsel Legro's letter of February 15,
1963 to the Planning Board in regard to its request
for an opinion concerning Mrs. Morev's application.
(See addendum.)
Mrs. Morey and Mr. Mark Moore, builder, met '
with the Board briefly to rresent reasons why they
believed the Planning Board should endorse the plan
accomnanyi.n; her anplication. Mrs. Moret* stated that
the plan and nrofile of Blake Road referred to in Mr.
Legro's letter was approved by the Board of Survev on
July 13, 1926. She pointed out that while at present
there were no municipal services in Blake Road in
front of her nronerty the roar' was used by mangy* per-
sons travelling between Burlington Street and the
accented nortion of Blake Toad located beyond ^lowers
Road. Mr. Moore stated that he nrorosed to install
water and sewer lines in Blake Road to service the two
lots shown on the plan as, fronti_nn on Blake T?oad and
would construct a bituminous pavement in front of the
two lots, all at no cost to the town. He said that he
would not otherwise construct the road to town snecifi-
cations.
Mrs. Morey was informed that the Board would
take the application under advisement and consider it
further after studying Mr. Legro's letter of February
15.
Upon motion cull* made and seconded, it was '
unanimously
2-18-63 -3-
' VOTFD: that the Lexington planning Board determines
that the plans accompanying Form A annlica
tions #63-16 and 4;63-17 do not require approval
under the Subdivision Control Law and that said
dans be so endorsed.
The Board reviewed a letter, dated February 15,
1Q 3 from 14r.Alfred P. Troneano and r';r. Wilbur C. WALTHAM ST.
771ander in regard to the meeting which they held with GAPDEN
the Plann4ng Board at its regular meeting on Januar* 29.APARTMTMTS
1963. (See addendum.) After a re-examination of the
set of nrints which had been submitted on January 29, VINE BROOK
the Board drafted a letter to Mr. Troneano in reply to REALTY
'his request for an expression of the Roardts opinions TRUST
regarding the apartment buildings with basement apart-
ments therein and the schematic site plan showing; the
location of these buildin7s. (See addendum.)
The remainder of the meetinr; was devoted to a
review of the latest draft of the Planning Board's PLANNING
Summary Report which it was n.ronosing to publish prior BOA7D PEPOPT
to the 1963 annual town meeting
The meeting was adjourned at 11:15 n.m.
Thomas S. Gri ndle,
Chairman
ADD7NDUM
February 15, 1963
Thomas S. Grindle, Chairman
Lexington Planning Boars
Town Office Building
Lexington 73, Yassachusetts
Dear �Mr. nTri_ndle:
This i_s in rerl`r to your request for an opinion
relative to an application for endorsement by the Planning
Board of a elan entitled "Plan of Lots Land in Lexin^ton,
Mass.", b..r Albert R. Miller and 'Jilbur C. N71ander, Civil
ingi-neers and Surve,,ors, dated Januar* 18, 1963, showi-ng a
division of the land at the corner of North Hancock Street
and Blake Road into four lots.
' Tt appears that a plan entitled 7°Plan & Profile of
'Blake Road Lexington, Mass.1t, dated May 20, 19261 by George
2-18-'3 -1�-
N, ^ieatherbee, Jr,, Civil Eno-ineer, show _n,g a way in the
Road a thereof, was approved
'
locationofBlake and profile
by the Board of Survev. I an informed that the date of the
endorsement of such approval was July 13, 1926, Tt does not
appear whether this approval was made pursuant to petition
for approval, notice and bearing, nor whether the construc-
tion was ever performed in accordance with the approved plan.
But if it be assumed in favor of the applicant, that these
requirements were met, the result would rave been, at most,
an establishment of Blake Road as 1Aa private way for public
use,"T and. the Town would have acquired at most the right to
require that action to construct Blake Road, if taken by
persons having rights therein, should comply with. the plan
or with a plan or plans, if any, subsequently approved by
the Board of Sur ve-y .
Nothing; appears to show that Blake Road has become
a public way or a way shown on a plan heretofore approved
in accordance with the Subdivision Control Law.
The determi.nati.on of whether the division of the
land shown on the plan first above referred to constitutes
a subdivision depends upon whether Blake Road was "a way in
existence when the Subdivision Control Law became effective
in the town, having, in the opinion of the Planning Board, '
sufficient width, suitable rrrad.es and adequate construction
to provide for the needs of vehicular traffic in relation to
the proposed use of the land abutting thereon or served there-
by, and for the installation of municipal services to serve
such land and buildings erected or to be erected thereon,'
This is an administrative determination to be made
in accordance with the regulations, rules and requirements
of the 'DlannIn,71 Board.
There is considerable doubt who, if anvone, has the
right to construct the way or to install services within the
limits of the way. Tt is clear the "approval" of the plan
conferred no such r, get on the Town, and it may be that, if
the "approval" was not pursuant to a notified hearing, the
Town is under a sanction not to construct the wav or install
services.
Very truly yours,
DEL/b Is/ Donald_ E. Legro
2 -ie -63 -5-
February 15, 1°63
' Lexington Planning Board
Lexington
Massachusetts
Gentlemen:
1
A few weeks ago Tour Board extended the courtesy to the
undersigned of di scussin g the proposed apartment house
development at 'Jorthen 'Road and ?^Ialtham Stre t. We briefly
presented the construction problems resulting from the
n.resent sewer elevation, drainage due to the water table,
and the very deep neat n ocket as shown on the elan nrenared
by Haley and "ldr.ch.
The neat deposit necessitates constructing several of the
buildings on riles. Due to the sewer elevation several of
the buildings will rave to be kept at an elevation w'oere
four or five feet of the foundation will be exposed above
the present c -rade. he nr.ior elan required that fill would
have to be brought in to conceal this foundation exposure.
in sowe -)laces it indicated that as much as six or seven
feet of fill were requi-red. The cost to provide this fill
would be in excess of Wr ,con.
In order to eliminate tris fill item, to h eln defray the
high cost of the piles, and due to the topogranhical and
other conditions, we propose to petition the Board of
Anneals under Section la. (b) to hermit the construction of
four bui.ldirr s of two and one-half stories, each to contain
eleven apartments. None of these buildings will exceed the
maximum height nermitted. These buildings are shown on the
nlans left with your Board.
We appreciate the fact that your Board cannot grant prior
apnroval. We are merely seeking an expression of your Board's
feeling_ regarding the two and one-half story buildings with
eleven a-)artments in each, and of the site elan we have nre-
sented, before finalizing them to present to the nrosnective
mortgagee insurance comnanv and then to the Board of anneals
for final apnroval.
The site elan Tae submitted contains the same number of apart-
ments and one building, less than the plan annroved by the
Lexinr*ton Board of Anneals. We would appreciate an early ex-
pression of your-9oard's opinion, as we do want to get started
this Spring, and if vnur Board indicates a favorable feeling,
we will start site clearance during the winter months, while
the r_tro1nd is still frozen.
Thanking 70u for -our consideration, we remain
APT/b
Very truly yours,
Alfred P. Troneano
Wilbur C. Nvlander
2-18-63
M
February 219 1963. '
Mr. Alfred P. Tropeano
114 'Ialtham Street
Lexinr*ton 73, "Tassachusetts
Dear Mr. Troneano:
The Planning Board believes that the number of apartments
and the location of apartments below the mean finished
grade are matters entirely within the Boe.rd of Arpeals.
However, because of the sub -surface conditions on this
»articular site, the planning Poard believes you have a
good basis upon which to seek a variance.
Tn regard to the Board's opinion of the site plan, it is
understood you are now working; on a revi_si_on of the pre-
liminary scheme which you presented to the Board. Until
a more definite plan has been developed the Board does not
wish to make any statement regarding; its annronr4ateness.
Yours very truly,
LFXT7 rTON PLAY7TY s BOAnD
Is/ Thomas S. Grindle,
Crai rman
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