HomeMy WebLinkAbout1963-04-15PLAhTNTING BOARD MEETING
'
April 151 1963
The Lexington Planning Board held a regular
meeting in its office in the Town Office Building
on Monday, April 151 1963 at 7:35 p.m. Present
were Chairman Mabee, members Campbell, Greeley,
and Meyers and Mr.Snow,Planning Director.
The Board approved the minutes of its meet-
ing of April 8, 1963.
Considered next were the following Form A
applications for determination of Planning Board
jurisdiction:
1163-25
(See minutes of April , 1963
#63-26 f?Planning Board meeting for
#63 -27 listings.)
MINUTES
FORMS A
GREEN VALLEY
SEC. 8
BUSA
Upon motions duly made and seconded it was
'
unanimously
VOTED: that the Lexington Planning Board determines
that the plan accompanying application ,#63-25
does require annroval under the Subdivision
Control Law.
VOTFL: that the Lexington Planning Board determines
that the olans accompanying applications #63-
26 and #63-27 do not require approval under
the Subdi.vi.sion Control Law, and that said
plans be so endorsed.
Mr. Snow reported that he had discussed with
Mr. Carroll, Lexington's Sunt, of P,blic Works and
the Town Counsel the matter of a drain crossing the
Metronolitan District Commission sewer easement as
shown on the Green Valley Section Eight definitive
subdivision plan concerning ubich the Planning; Board
held a public hearing on April S. Mr. Snow reported
that the Town Counsel had ruled that it was neces-
sary for the subdivider to obtain from the M.D.C. an
easement to locate a drain across the Commission's
sewer easement as shown on Sheet 3 0£ the subdivision
plan. Thereupon, the draft of a letter to Mr.
Antonio Busa, the subdivider, was presented to the
Planning Board. for its consideration. The letter was
aonroved and signed by the Chairman. (See addendum.)
MINUTES
FORMS A
GREEN VALLEY
SEC. 8
BUSA
4-15-C3
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The next matter considered by the Board was that ,
of the possible sale to various individuals of four
different parcels of town -owned lots concerning which
the Selectmen sought Planning Board recommendations.
Mr. Snow said, however, that after he had made
this recommendation he had reviewed the assessor's
records and had come to the conclusion that the town
did not own lot 101 and that there was some question
if the town had a clear title to lot 100, but that these '
matters cam3 under the jurisdiction of the Board of
Selectmen.
The second parcel consisted of lots 59 and 60,
Ivan Street situated on the accepted portion of Ivan Street. Mr.
Snow reported that in this case also he had recommended
informally to the Board of Selectmen that lots 59 and
60 be sold subject, for a period of ninety-nine -Years,
to the restriction that said lots be combined together
to form one lot and that not more than one dwelling,
together with the common customary buildings, shall be
erected or placed on the combined lot. Mr. Snow said
that placing such a restriction on this sale would be
in conformity to the size and frontage of most of the
remaining lots fronting on that section of Ivan Street
northwesterly of Eldred Street. The Planning Board
also agreed with this recommendation.
The third parcel consisted of lots 22 to 29,
Marvin Street inclusive, on Marvin 'Street, all of which is a so-
called "paper -street." Exhibited to the Board was a
Iodice letter, dated March 26, 1963, from Francis X. Morse,
attorney for Mr.Alfred Todice, who was interested in
acquiring said lots and who was willing to purchase ,
the same with the stipulations that they not be built
upon, and that then be added to Mr. Iodice' present
The first of these parcels consisted of lots 92
TOWN OWNED
to 101, inclusive, situated on the "paper -street" sec -
LOTS
tion of Grandview Avenue. It was reported that Mr, and
_
Mrs. Gunther K. E. Kleeberg of 46 Eastern Avenue wished
Kleeberg
to purchase these lots. Mr. Snow said that he had
_
viewed the conditions on the ground and had observed
Grandview
rock outcropping where Grandview Avenue was supnosed to
Ave.
be eventuallv constructed beyond Estabrook Road. He
said because of the unfeasibility of constructing this
section of Grandview Avenue he had recommended inform-
ally to the Selectmen that said lots be sold subjects
for a period of ninety-nine years, to the restriction
that they be added to and combined with the lot num-
bered 46 Eastern Avenue to form one residential lot.
The Planning Board agreed with this recommendation.
Mr. Snow said, however, that after he had made
this recommendation he had reviewed the assessor's
records and had come to the conclusion that the town
did not own lot 101 and that there was some question
if the town had a clear title to lot 100, but that these '
matters cam3 under the jurisdiction of the Board of
Selectmen.
The second parcel consisted of lots 59 and 60,
Ivan Street situated on the accepted portion of Ivan Street. Mr.
Snow reported that in this case also he had recommended
informally to the Board of Selectmen that lots 59 and
60 be sold subject, for a period of ninety-nine -Years,
to the restriction that said lots be combined together
to form one lot and that not more than one dwelling,
together with the common customary buildings, shall be
erected or placed on the combined lot. Mr. Snow said
that placing such a restriction on this sale would be
in conformity to the size and frontage of most of the
remaining lots fronting on that section of Ivan Street
northwesterly of Eldred Street. The Planning Board
also agreed with this recommendation.
The third parcel consisted of lots 22 to 29,
Marvin Street inclusive, on Marvin 'Street, all of which is a so-
called "paper -street." Exhibited to the Board was a
Iodice letter, dated March 26, 1963, from Francis X. Morse,
attorney for Mr.Alfred Todice, who was interested in
acquiring said lots and who was willing to purchase ,
the same with the stipulations that they not be built
upon, and that then be added to Mr. Iodice' present
4-1t-63 .3 -
house lot. The Planning Board recommended the sale of
such lots with these restrictions and authorized Mr.
Snow to write a letter to the Board of Selectmen set-
ting forth the Planning Boardts recommendation in regard
to their sale. (See addendum.)
The fourth parcel consisted of lot 60 on the
so-called raper street section of Winter Street. Tn Winter Street
a letter, dated March 19, 1963, to the Board of Select-
men, Mr. Everett L. Cram, Jr., owner of »ronerty adja-
cent to lot 60, made a token offer to nurchase this lot
After discussing the possibilities of lot 60 being a
consideration in the settlement of the Harry M. Sulli-
van case with reference to the laying out of a portion
of Winter Street, Mr. Snow was authorized to write a
letter to the Board of Selectmen recommending c reum-
stances under which lot 60 might be sold. (See adden-
dum.)
At 8:00 p.m, the Board held a rublic hearing
relative to the application of Girrac Realty Trust for MINUTE MAN
approval of a definitive subdivision rlan entitled HIGH -LANDS
"Minute Man High. -Lands Section Four Lexington, Mass.t", SEC. 4
dated February 27, 1063. Twelve persons attended the -
hearing including 't?r. Wilbur C. N71ander who had -ore- GIRRAC
' pared the Man and Messrs. James A. and Robert W. REALTY
Carrig who renresented the Girrac Realty Trust, own- TRUST
ers of the nronerty to be subdivided.
The Chairman opened the hearing by reading the
notice of the same as it had been sent to all proo-
arty owners deemed to be affected and as it had been
published in the March 28, 1963 issue of the Lexington
Minute -man. He then explained the procedure to be
followeT7n conducting the hearing and called upon Mr.
Robert W. Carrig; to present the subdivision plan.
Mr. Carrig said that the rlan being submitted
for annroval was the' same as was submitted on March 13,
1062 but which was modified by the Planning Board
nrinci.pally by widening Worthen Road to seventy feet.
He also said that what the Trust was seeking was a
modification of the subdvision plan as endorsed by
the Board July 24, 1962. Mr. Carrig pointed out that
the modification being sought consisted of a reduction
of Worthen Road to fi.ftp feet in width, changes in
street connections necessitated by the change in the
width of Worthen Road, an additional lateral sewer in
Worthen Road, and a change in the size of the box cul-
vert under Barrett Road.
Mr. Carrig explained further that he had not
ta-15—r,'
been able to come to a77y satisfactory agreement with '
Lexington officials as to how much the Town would be
willing to nay for the cost of constructing the addi-
tional twenty feet of width for t-forthen Road. He said
further that the town did not have money to bay for the
extra construction. It was pointed out to Mr. Carrig
that at the 1963 annual town meeting Lexington had
appropriated funds for reimbursing subdividers for part
of the cost of constructing ways or installing -muni-
cipal services of greater width or size than would be
required to serve the subdivision alone. (See Chapter
570 of the Acts of 1962.)
Members of the Board asked Mr. Carrigr about the
-plans and -profiles of certain streets missing from the
tet of -plans he had submitted for approval. He said
that except for the lot layout elan anything missing
or not shown on this -plan was on the nrevi.ous Minute
Man High -Lands Section Four elan which had been en-
dorsed by the Board. In answer to further inquiries
from the Board Mr. Carrig pointed out on the prints of
the Trustts latest subdivision plan specific changes
he was seeking from those already approved.
Several questions in regard to lot sizes were
asked by some of the persons attending the hearing. Mr.
Carrig stated that all lots on the plan conformed to
the frontage and area required by the Lexington Zoning
By-law.
The Chairman read into the record two letters,
both dated April 11, 1963, one from the Board of Health
approving the subdivision -plan under certain conditions
and the second from Mr. Carroll, Tiexin7,ton Supt. of
Public Works, making certain comments about the plan
and expressing the oninion that the elan should not be
approved. (See addenda.)
The hearing was adjourned at 8:25 n.m.
Mrs. John T. Harvell, Mr.. Eric T. Clarke and Mr.
SUMKARY Leslie H. York, members of the Executive Committee of
REPORT the Lexington Town Meeting Members Association, met
with the Board to discuss clans for holding a series
T.M.M.A. of meetings to discuss the Planning Board's Summary
Report published in March. (See minutes of the Plan-
ning Board meeting of April 1, 1963.) It was decided
that May 2 and 9 would be satisfactory dates for the
Association to hold informational meetings with a
third meeting to be held later if necessary.
At 8:30 P.M. the Board held a_public hearing
relative to the application of William I. Burnham for
1-15-63
' the approval of a plan showing the subdivision of his
land, the plan being entitled 'Burnham Farms Section
Six Lexington, Mass.", dated Januar? 28, 1963. Thir-
teen persons attended the hearing, including Mr. Burn-
ham and Mr. Mark Moore, Jr. who proposed to develop
the land_.
The Chairman read the notice of the. hearing as
It had been sent to all owners deemed to be affected
and as it had been advertised in the March 28, 1963
issue of the Lexink-ton Minute -man. He then exnlai;ned
the procedure in conducting the hearing and ca_lied
upon Mr. Moore to present the plan.
Mr. Moore stated the proposed subdivision con-
sisted of a proposed road about 580 feet long having
a permanent turnaround. He pointed out that eight
lots would front on this dead end street. He said
that Mr. Burnham would continue to reside in his resi-
dence located on Lot 2 of the plan. Mr. Moore stated.,
however, that all other buildings on the property be -
Ing subdivided would be removed.
Read into the record were three letters to the
Planning: Board. The first, dated March 28, was from
' Mr.,Carroll, Lexington Supt, of Public Works, anprov-
ing the plan with certain exceptions. The second
letter, dated April 1T, was from the Board of Health,
approving the plan. The third letter, dated April 12,
was from Mr. Frank T. Samuel of 6 Burnham Road express-
ing his objections to the development of the Burnham
property. (See addenda.)
Mrs. George W. Mayo, Jr. of 3 Emerson 'Road and
Mrs. Charles R. Skinner of 10 Burnham Road both spoke
of surface water running into their back yards. They
said they thought the d evelopment of the Burnham land
would increase this problem. Mr. Moore pointed out on
the subdivision plan the approximate location of houses
to be built on lots 5 and 6 stating that it was not his
intention of disturbing existing conditions on the rear
of these lots and thereby increasing any existing sur-
face water runoff.
A number of questions which were not relevant to
the action the Board must take on the plan were asked
of Mr. Moore. These were referred directly to him.
The hearing was declared closed at 9:00 n.m. and
the subdivision plan taken under advisement.
' From 9:15 to 10:05 p.m. Messrs Brooks Dodge,
Michael G. Damone and Daniel G. Tdheeler of Cabot, Cabot
Me
BURTM, M`
FARMS
SEC. 6
BURNHAM
TODD REALTY
4-15-63
MT
and Forbes Co. met with the Board with reference to the '
proposed construction of an office building on land
portions of which are owned by both C.C. & F. and the
Raytheon Company.
Mr. Wheeler reviewed four schemes C. C. & F. had
ROUTE 2 = nroposed in an effort to have representatives of the
SPRING ST. State Dept, of Public Works change their design for
INTFRCHANGE the northeasterly quadrant of the nronosed Spring
Street -Route 2 interchange. At the conclusion of this
review Mr. Wheeler said that both companies proposed to
submit plans to the Board during the latter part of the
week, the plans showing two lots - one which it was
proposed to sell to Countryside, Inc, for the erection
of a building; to be leased by the Burroughs. Corporation,
the second which would show the remaining land owned by
C. C. & F. in the northeasterly quadrant of said inter-
change. Mr. Wheeler asked the cooperation of the Plan-
ning Board in notifying the Department of the filing of
the plans with the Board in the hope that the Department
would come to a decision in regard to the taking of land
for this quadrant of the interchange. Yr. Snow said he
would mail prints of the plans to the Dena rtment upon
their being filed with the Board. (See addendum.)
The Board adjourned its meeting* at 10.20 p.m. ,
Joseph A. Campbell
Clerk
ADDENDA'
Mr. Antonio Busa April 15, 1963
4 Lillian Road
Lexington 73, Mass.
Dear Mr. Busa:
Reference is made to the definitive subdivision plan
entitled 'Green Valley Section Eight Lexington, Mass.",
dated January 7, 1963•
Before the Planning Board is in a position to approve
this subdivision plan It will be necessary for you to
obtain from the Metropolitan District Commission sewer ,
easement from the end of Albemarle Avenue easterly to
4-15-63
' a brook, as shown on Sheet 3 of your subdivision plan.
In obtaining this easement from the M.D.C. it should be
in such a form that you in, turn can convey this drain
easement to the Town of Lexington.
Yours very truly,
/s/ Irving H. Mabee, Chairman
Anril 18, 1063
Board of Selectmen
Town Office Building
Lexington 73, class.
Re: Tax Title Lot - ?°Tinter Street
Gentlemen:
-7-
Reference is made to tour request for the Planninm Board+s
recommendation in regard to the sale of Lot 60 situated on
Winter Street and to the letter, dated March 19, 19632 in
which Mr. Everett L. Cram, Jr. makes an offer to purchase
this lot, At its meeting on April 15 the Planning Board
discussed this matter and authorized me to write a letter
recommending circumstances under which Lot 60 might be sold.
It is suaCested that instead of selling Lot 60 to Mr. Cram
the lot be retained by the Town at least temnorari.ly, until
a settlement is reached with Mr. Harry M. Sullivan in re-
gard to the taking the Town made of a portion of his lot #9
in connection with the laying out of a permanent turnaround
for hinter Street. As a consideration in this settlement
Mr. Sullivan may be willing to accept title to Lot 60 In
order to proceed with the various steps necessary to add a
nortion of the "paper street" section of Minter Street to
lots he owns on this street and Skvview Road.
Tn conferring with Mr. Sullivan (as well as other property
owners on Winter Street) in regard to a suggested layout for
the extension of this street westerly of Rangeway, I pointed
out to hi.m the steps mentioned above. I also showed him a
sketch similar to the one made on the prints attached show-
Ing- him how each nortion of Winter Street might be added to
adjoining lots. It was in this connection that I understood
Mr. Sullivan agreed to grant to the Town the right and ease-
ment to use the nortion of his Lot #9 within the proposed
turnaround for the purpose of public travel, etc. As you
know, h Ever, he chanced his mind later and dial not execute
' the instrument which Mr. Stevens nrepared and sent to him
last December. (See Mr. Mabee's letter of October 15, 1962
)i-17-63
to .you in regard to the acceptance of a portion of Winter
Street westerly of Ran7eway,)
If there is any way you feel I may be of assistance in
settling the Sullivan case, I shall be most pleased to do
SO.
Sincerelv,
/s/ Samuel P. Snow
Enc. Planning Director
Board of Selectmen
Town Office Building
Lexington 73, Mass.
Re: Tax Title Lots -Marvin Street
Gentlemen:
M
April 18, 1963
Reference is made to your request for the planning Board's
recommendation in regard to the sale of Lots 22 to 29, in-
clusive, situated on Marvin Street and to the letter, dated
March 26, 1963, in which Mr, Francis X. Morse, attorney,
informs you of Mr. Alfred Iodi.ce's interest in acquiring
these lots. At Its meeting on April 15 the Planning Board
discussed this matter, recommended the sale of these lots
under certain conditions, and authorized me to write a
letter to ,you concerning the same.
These lots are shown on a plan entitled "Plan of Park Heights
No. !i Lexington, Mass." Property of W, S. Griswold, dated
July 25, 1921, pre -oared by '.?obert E. Bellemy, C.E., and re-
corded in Middlesex South District Registry of Deeds on Novem-
ber 14, 1929 in Book 51117, page End. The particular lots in
question are shown on Assessors' Map 88 in the following way-.
Lots 22 and 23 are shown as parcel 644 lots 211 and 25 as
parcel 63, lots 26 and 28 as parcel 62, and lot 29 as parcel
61. According to the Board of Assessors' records lot 29 was
not found to be owned by the Town but by Clayton S. Peabody
of Cambridge.
Mr. Iodice and Mr. Morse discussed with me the sale of these
lots and conditions under which Mr. Iodice would be willing
to acquire them. Since he desires to use these lots only as
an addition to his property and as pasture land, it is recom-
mended that lots 22 to 28, inclusive, be sold subiect,for a
-period of 99 years, to the restriction that these lots, and
such' part of Marvin Street in which the Town has the fee, be
combined together with the Iodice lot, numbered 65 Winter
1
1
4-15-63 -9-
Street, to form one lot and that no more than one dwelling,
together with customary accessory buildings, shall be
erected or placed upon the combined lot. Such a restriction
would eliminate the lots and the portion of the paper street
Involved from being used in the future for house lots. This
would be a desirable result since most -of the land involved
may be described as low and, at times, wet.
Mr. Iodice indicated that if the Town sold him these lots he
would try also to acquire adjoining lots, privately owned and
situated northerly of those owned by the Town, as_a further
addition to his holdings. If he is successful in acquiring
this additional property, perhaps he might be willing to com-
bine it with the lots the town may sell hi.m. In so doing he
would be eliminating some additional land from residential
development allowing at the most for the development of the
remaining portion of Marvin Street as a short dead-end street.
P.ttached herewith Is an assembled set of prints of Assessors'
maps 88 and 90 indicating how these proposals might be accom-
plished.
Sincerely,
/s% Samuel 0. Snow
' rnc. Planning Director
ADril 11, 1963
Planning Board
Town Office Building
Lexington 73, Mass.
pe: "Modification of Plan Approved May 161 1962s Minute Man
vs Tr,_A—
Gentlemen:
The Lexington Board of Health approves the definitive sub-
division plan entitled "Modification of Plan Approved May
16, 1962s Minute Man Highlands, Section Four," and dated
February 27, 19633 subject to the condition that no build-
ing or structure shall be built or placed upon Lots 159-165
inclusive, 174-186 inclusive, 197-213 inclusive, 222, 227,
and 228 inclusive without consent by the Le-InFton Roard of
Fealth that the structural foundation and finished grades
on each of these Lots will not be detrimental to the public
health by reason of inadequate or improper drainage of sub-
surface and surface waters.
Yours truly,
PLM/j /s/ P. L. McQuillan, Chairman
4-15-63 -10-
April 11, 1963
Planning Board '
Town Office Building
Lexington 73, Mass.
Pe: Minute Man Highlands.. Section Four
Gentlemen:
Reference is made to the Minute Man Highlands, Section Four
subdivision, plan entitled "Minute Man Highlands, Section
Four, Lexington Mass., Scale 1" s 40,1, dated February 27,
1963, containing 8 sheets.
T rave the following comments to make regarding this defini-
tive plan.
1) The layout plans, including orofi.les, of Dudley Road, Barrett
Road and Moreland Avenue, a»e not Included.
2)
2) On Worthen Road the proposed 24" sewer main to be installed
by the Town has �-ot been shown. Instead an B" main is shown.
3) On Pleasant Street the existing 24" trunk sewer is shown as
a 12" sewer. '
4) The existing 12" water main and pronosed tapping sleeve and
gate on Pleasant Street are not shown on the plan.
5) Water main gate valves are not shown on all branches at all
intersections. They must be included.
6) The upper end of the box culvert must be set at elevation
195.50. The culvert must be enlarged to 13' x V.
7) No sidewalks are shown on the plan. These must be in -
eluded on at least one side of each street.
it is my opinion that this subdivision should not be approved
by the Planning Board due to the fact that a great deal of
pertinent information in regard to streets and utilities was
not included in the plans.
Verg tr»ly yours,
/s/ John J. Carroll
Supt. of Public Works
& Town Engineer
JJC/c e d
I have received the notice of the hearing on April 15, 1963
4-15-63 _11 -
8 Burnham
March 28, 1963
Planning Board
'
Town Office Building
Lexin'Tton 732 Mass.
April 12,
Re: Burnham Farms, Section Six
Gentlemen:
Reference is made to the subdivision nlan entitled "Burnham
Farms, Section Si.x, Lexin0ton, Massachusetts," dated January
28, 1963.
1) Acceptance Is given to the locations and grades of exist-
ing streets. There are no existing water mains, sewer
mains or storm dra'_ns within this subdivision.
2) Approval is given to the -proposed location, sizes and
grades of streets, easements, water mains, sewer mains and
storm drains with. the following exceptions:
a. The plans should show an "amended date."
b. The class of sewer pipe should be shown.
c. Manholes with services entering to have shaped inverts.
d. The 1% leveling area must be from the exterior street
line of Fast Street.
'
3? No approval is given for an7 deviations from the design and
work requirements found in the "Rules and Regulations Gov-
erning the Subdivision of Land in Lexington, Massachusetts."
4) The estimate of cost for performing, the various items of
work is $22,500.
Very truly ,yours,
/s/ John J. Carroll
Supt. of Public Works
RLH/ads 9. Town 7ngineer
I have received the notice of the hearing on April 15, 1963
8 Burnham
Road
Lexington,
Mass.
April 12,
1963
Mr. Irving Mabee, Chairman
Lexington Planning Board
Town Office Building
Lexington, Massachusetts
Dear Mr. Mabee:
I have received the notice of the hearing on April 15, 1963
4-15-63
-12-
cerning the re -zoning of the Burnham Property for develop- '
ment purposes as proposed by Mark Moore, Inc.
I would like to voice my objection to this In two partsl
There is considerable discussion among various town agen-
cies that Lexington needs more so called "green areas.` I
am in full accord with this theory because I think that in
some cases in the past, the torn has been somewhat hasty
in doing away with,areas of this type. The particular land
In question is, for a considerable part, made up of what
would be termed woodland and in the summer is rather attrac-
tive and fairly abundant with the various forms of wild
life such as pheasants, rabbits, and birds. Furthermore, it
is an area where the children of the surrounding neighbor-
hood can at least see some of the doings of nature. To do
away with this area and nut it into a housing development,
even though I am sure that Mr.. Moore intends to build houses
of appropriate design, would be depriving the neighborhood,
if not the town, of an attractive "green area."
The second reason I object to the development of this area
is purely on the grounds that it completely takes away from
my pronerty and the nrorerty of others on the street the pri-
vacy which we have had in our bac? yards. This privacy was '
one of the selling features pointed out to us when the house
was sold to us.dhether or not it was known to others that
Mr. Moore had an option for the land in question is unknown
to me.
Very truly yours,
/s/ Frank T. Samuel
April 18, 1963
E. J. McCarthy, Chief Engineer
Department of Public Works
100 Nashua Street Attn: Walter T. Hue
Boston 14, Mass. Highway Design Engineer
Dear Mr. McCarthy:
For your information there is being exclosed herewith two
prints of plans filed with the Lexington Planning* Board this
afternoon, the plans not thought by the applicants to re-
quire approval under the Subdivision Control Law for the
reason that each lot shown on the plans has the amount of
frontage required by the Lexington Zoning By -Law on a public
way, namely, Spring Street. Since the plans do not consti-
tute subdivisions thev will be endorsed b7 the Board at its
4-15-63
-13-
meetings either on April 22 or on April 29.
The plan entitled "Plan of Land in Lexington, Mass., dated
April 17, 1963 was submitted by P. Tetzlaff, Jr. for the
Raytheon Company. The plan entitled "Plan of Land in Lex-
ington, Mass.", dated Feb. 7, 1962, revised April 17, 19631
was submitted by John J. Hammond, as trustee but not individ-
uaily, for the Snri_ng Street Trust.
Enc : 2
C
1
Sincerely,
/s% Samuel?. Snow
Planning Director