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Home My WebLink About1975-01-13PLANNING BOARD MEETING January 13, 1975 ' The meeting of the Lexington Planning Board was called to order at 7:35 p.m. by the chairman Dr. Clarke with members L. Brown, S. Brown, Costello, MacKenzie, planning director Briggs and secretary Mrs. Snow present. Also in attendnance were Manfred Friedman and Laura Nichols, Conservation Comm., Steve Politi, Lexington Minute -Man, and Margaret Reynolds, Lexington Patriot. The minutes of the Planning Board meeting of December 9, 1974, were MINUTES 12/9 approved as amended. Question arose as to intended purpose and implications of suggested BROOK SETBACK Planning Board sponsored Article regarding requirement for 20' setback ARTICLE from water courses. Mr. MacKenzie will draft a proposed Article following conference with Town Engineer and others for input as to its value to the Town. Mr. Briggs draft letter to the B/A with Planning Board recommendations on the Drummer Boy Green petition, was reviewed. The members suggested amendments to include reference to forthcoming Planning Board action on the Drummer Boy definitive subdivision plan with respect to certain waivers and conditions to be included in the Planning Board's Certificate of Action at the time of approval. Dr. Clarke will review the revised letter and will sign on behalf of the Board. Joseph S. R. Volpe was present to invite members to attend a seminar on SEMINAR OPEN ecology and open space to be held in the Radcliffe Yard at 9 a.m. on SPACE & ECOL. January 24. Mr. Volpe gave a resume of the presentation. Dr. Clarke hopes to attend. Twelve residents of tha wea surrounding the proposed Farmhurst V sub- FARMHURST V division were present for discussion of aspects of the court case involv- ing Farmhurst V. Dr. Clarke recapped some matters discussed in conference with Town Counsel regarding the legal action, and informal agreement among members re possibility of settlement out of court. Draft statement on ' Planning Board position on the matter, to be released to the press, was reviewed and approved. Mr. Costello asked that Town Counsel Acheson Callaghan's The Board reviewed the request of Theodore L. Freeman, developer, for BICENTENNIAL extension on Bicentennial Farms definitive subdivision plan. Upon a FARMS SUBDV. motion duly made and seconded, it was VOTED: EXTENSION To extend to January 28, 1975, inclusive the time within which the Planning Board must act on the definitive subdivision plan entitled "Bicentennial Farms in Lexington, Mass.", dated September 23, 1974, as requested by Theodore L. Freeman, applicant. ' Louis Stoico's request for extension on Lowell Estates II subdivision was reviewed. Upon a motion duly made and seconded, it was VOTED: LOWELL EST II SUBDV. To extend to January 28, 1975, inclusive, the time within which EXTENSION the Planning Board must act on the definitive subdivision plan entitled "Lowell Estates Section 2 in Lexington, Mass.", dated June 27, 1974, as requested by Louis Stoico, applicant. Mr. Briggs draft letter to the B/A with Planning Board recommendations on the Drummer Boy Green petition, was reviewed. The members suggested amendments to include reference to forthcoming Planning Board action on the Drummer Boy definitive subdivision plan with respect to certain waivers and conditions to be included in the Planning Board's Certificate of Action at the time of approval. Dr. Clarke will review the revised letter and will sign on behalf of the Board. Joseph S. R. Volpe was present to invite members to attend a seminar on SEMINAR OPEN ecology and open space to be held in the Radcliffe Yard at 9 a.m. on SPACE & ECOL. January 24. Mr. Volpe gave a resume of the presentation. Dr. Clarke hopes to attend. Twelve residents of tha wea surrounding the proposed Farmhurst V sub- FARMHURST V division were present for discussion of aspects of the court case involv- ing Farmhurst V. Dr. Clarke recapped some matters discussed in conference with Town Counsel regarding the legal action, and informal agreement among members re possibility of settlement out of court. Draft statement on ' Planning Board position on the matter, to be released to the press, was reviewed and approved. Mr. Costello asked that Town Counsel Acheson Callaghan's Page 2 1.13.75 letter of January 10, 1975, re G.L. ch 41, Sec. 81-W, be sent to the FARMHURST V Town Manager and to Norman Cohen. He expressed opposition to the ' entering of a consent decree as follows: "Last week, in Executive Session, in the presence of and with the con- sent of Mr. Callaghan (Town Counsel), the Planning Board voted to in- struct the Town Counsel to enter a consent decree in Superior Court as a settlement with regards to the Farmhurst Section V subdivision (Hamilton). I was then and I am still now against this action for two reasons. (1) The Planning Board does not have the authority under any circumstances to vote in Executive Session. (2) Only the Town Manager, (with the consent of the Selectmen) under Item H, Section 9, has the authority to compromise and settle litigation against the Town. No such action has been taken by the Town Manager or the Selectmen. The only action the Planning Board MAY take is outlined in the General Laws Chapter 41; Section 81-U: "... Planning Board shall revoke its disappro- val and approve a plan which as amended conforms to its rules and regula- tions..." This type of action by the Planning Board allows an appeal. However, by entering a consent decree, the abuttors or people affected by this subdi- vision will not have the right of appeal or standing in court. There are a considerable number of neighbors that have voiced strong opposition to this subdivision and they are here tonight. They have said that they will oppose this subdivision if the Town does not. We must not remove their rights of appeal. Also, I do not feel that the Planning Board should even consider reversing its former decision under the applicable provisions of ' Section 81-U because under Chapter 41, Section 81-M "Purpose of the Subdivision Control Law is enacted to protect the safety, convenience, welfare of in- habitants... and for securing safety ... in the event of ... flood...". The Town Engineer has reported that "flooding will occur with or without this subdivision". Statement was made by Mrs. Brown of Planning Board intent to give neighbors all opportunities for legal recourse, whichever course of action the Planning Board may take. Upon a motion duly made and seconded, it was VOTED: To instruct the Town Counsel to request an extension of one week, during which time the following will be investigated: (1) legal questions regarding Chapter 41, Sec. 81-U), (2) questions to the Engineering Dept. regarding flooding in the subdivision, (3) preparation of conditions to be placed on the subdivision in the normal course of events, (4) review of Board of Health recommendations. Secondly, if the Judge is unwilling to grant the delay, the Planning Board confirms its executive session instruction of Jan. 6, 1975, to Town Counsel to enter a consent decree and proceed with negotiations of settling of the case on the condition that the developer, Richard_ Hamilton, apply to the Conservation Commission for a determination as to whether or not a permit under the Wetland Protection Act will be needed. The vote was 4 to 1; Mr. Costello opposed. Page 3 1.13.75 ' Request by Otis S. Brown, dated October 18, 1974, for release of surety on Battlegreen Office Park Subdivision, and favorable report on work com- BATTLEGREEN pleted from James Chase, Town Engineer, dated January 10, 1975, were OFF. PARK reviewed. Upon a motion duly made and seconded, it was VOTED: BOND RELEASE The construction of ways and the installation of utilities in the subdivision shown on the definitive plan entitled "Battlegreen Office Park in Lexington, Massachusetts", dated November 2, 1967, having been fully completed in accordance with the terms and con- ditions of the application dated November 14, 1967, and of the New Hampshire Company bond No. 939616, the penal sum of said bond (10,000), and the obligations of the developer and the surety thereunder are hereby released. Letter from the Board of Selectmen requesting that a Planning Board RECR. STUDY member be provided to serve on a Recreation Study Committee, to be com- COMMITTEE posed of representatives of several Town agencies, was noted. Mr. MacKenzie, who was absent to attend a meeting in the Selectmen's office re Town - owned land in Village Circle subdivision, was suggested as Planning Bd. representative. Following his return, Mr. MacKenzie agreed to serve on the committee. The meeting adjourned at 10 p.m. PJJ L -,00 • Paul J. MacKenzie, Clerk 1