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HomeMy WebLinkAbout1979-01-03'PLANNING BOARD MEETING January 3, 1979 The meeting of the Lexington Planning Board was called to order at 7:37 p.m. by the chairman Mr. Zabin with members Sandy, Nichols, Wheaton, Friedman, planning director Briggs and secretary Mrs. Snow present. Mr. Briggs informed the Board that Town Counsel had met V7ith him to discuss the two remaining bonds on the Ingleside sub- division in the amounts of $5,000 and $2,000. According to INGLESIDE Mr. Briggs, the developer,Kingston Builders Corp., requested release from these bonds an a $14,000 bond on the same sub- division in letters hand delivered to the Board at the October 23, 1978, meeting with him. Subsequently, Mr. Briggs reported that these letters were mailed to the Board by registered mail and were dated October 25, 1978. Mr. Briggs stated that all work on the subdivision had been completed and that Town Counsel had recommended that the Board release the bonds. Further review of this subdivision revealed that upon request of the developer, the Board had released the $14,000 bond which covered Carnegie Place on November 6, 1978, but had retained the $5,00 and the $2,000 bonds on advice of the Engineering Dept. to cover the incompleted drainage system in Ingleside Rd. Mr. Briggs reported that in processing the release of the $14,000 bond, he did not formally inform Kingston Builders Corp. of the Board's denial of the request to release the $5,000 ' and the $2,000 bonds nor the Board's reasons for the denial. Town Counsel had informed Mr. Briggs that since the Board had not notified the developer of the denial and its reasons within 45 days of his request, as required by Section 81-U of Ch.41 of the General Laws (the Subdivision Control Law), the Board could no longer keep the bond. Mr. Briggs reported that he was unaware of this provision in the law. Mr. Friedman reported that he was unaware- _sof any formal request from the developer for the release of the $5,000 and the $2,000 bond. Mr. Zabin also reported that he couild not recall ever having heard that a request for release of these two bonds had been made. Mr. Briggs reported that the requests had been in a folder given to the Chairman. After further discussion the Board decided that since it had been the clear in- tent of the Board to hold these two bonds, it should not make the release of the bonds appear to have been intended by voting to release them at this time. However, the Board conceded that the Town Clerk could turn the bonds back to the developer in accordance with the statutory requirements. In order to prevent a situation of this nature from occurring again, Mr. Zabin urged Mr. Briggs to keep a log or diary of all requests that come into the Planning Board office with notations of the actions required indicated on the appropriate deadline dates. ' Because of the observance of Martin Luther King day on January 15, the Planning Board meeting scheduled for that evening was rescheduled for Wednesday, January 17, 1979, at 7:30 p.m. Page 2 1.3.79 ' Responsibilities for draft reports to Town Meeting on zoning REPORTS TO articles, and the schedule for Public Hearings were decided TOWN MEETING upon. Article concerning impact of drainage on aubtting properties,DRAINAGE proposed by the Building Commissioner was reviewed. Town ARTICLE Counsel will be asked if the Article relates to the Zoning By -Law or the General By -Law. Minutes of November 27, 1978, were reviewed and amended to MINUTES 11/27 include reference to action on Ingleside subdivision. The minutes were unanimously approved as amended. Definitive plans for Willow Ridge subdivision (public hearingWILLOW RIDGE scheduled for January 8) were reviewed, and discussion contin- ued on type of surfacing for the proposed cut -through to Wellington Lane. Tapes and minutes of meetings at which Willow Ridge was discussed will be researched to get a clear picture of the chronological order of Planning Board action on plans previously submitted, and to recall discussion or decisions on the design/construction of the emergency cut - through path. The Planning Board will consider acceptance of the Housing HOUSING STUDY ' Study on January 22, following receipt of any minority state- ments which may be forthcoming. It was brought to the attention of the Board that comments onB/A INTER_ on Board of Appeals petitions by the planning director in DEPARTMENTAL Interdepartmental Information memos were being read directly MEMOS into the B/A decisions on the petitions. Henceforth, Mr. Briggs will initial memos, and make no comment as to whether the Planning Board will deem it appropriate to make recommen- dations. Board of Appeals decisions for December 28, 1978, were noted. The meeting adjourned at 10:08 p.m. Iris G. Wheaton, Clerk 1