HomeMy WebLinkAbout1980-03-17 Board of Survey Minutes March 17, 1980
' Meeting of the Board of Survey convened in Room 16, Munici-
pal Building at 8 :00 P . M.
Present were Chairman Price , Secretary Cowell, Board Members
DeHart, Wood and Fallon and Superintendent Louanis.
Mr. DeHart read notice of public hearing regarding the approval
disapproval or modification of plans for a proposed roadway to serve
two new lots and extend the existing end of Warren Avenue for a
distance of 105 feet more or less. Approximately fifteen people
attended the hearing . Mr. Rivers , the developer was present and
was represented by Attorney 0. Bradley Latham and Edward Stearns
from the firm of Hayes Engineering, Melrose , Massachusetts.
Chairman Price introduced the Board and stated the developer
and/or his representative would make a presentation, questions
would be forth coming from the Board and then the Board and the
developer would entertain questions from the citizens .
Attorney 0 . Bradley Latham stated his dlient wished to move
' forward with the proposed subdivision and that in fact the plan
had been filed with the Conservation Commission and that the Order
of Conditions had been issued by the. Reading Conservation Commission
which was out of necessity being appealed because of the techni-
cality of the law that would require the developer to file an appeal
within ten days after the commission had acted . Since his client
did not know what requirements the Board of Survey might impose it
might be possible to have an order of conditions and approval of
the Board of Survey that were incompatible . If the Board of Survey ' s
approval was compatible with the Conservation Commission ' s order of
conditions then his appeal would be withdrawn. He also stated the
Order of Conditions dealt with only one of the lots in question and
that the other lot had been withdrawn by mutual agreement with the
Conservation Commission and the developer and before a building per-
mit could be issued for the other lot it would be necessary to file
for a wetland protection hearing with the Conservation Commission .
Mr . Stearns of Hayes Engineering made a technical presentation of
the proposed subdivision stating that the three concerns of the
Engineering Department (copy attached) were addressed satisfactorily .
Mr. Price asked Mrs . Twombly , representative of the Conserva-
tion Commission if she wished to make a statement. Mr . Twombly con- '
curred with Mr . Latham ' s account and stated it will be necessary to
schedule a hearing on the southerly lot before a building permit
could be issued .
Mr. Price opened the hearing to questions from the public.
Mrs . Ballentine presented a petition to the Board requesting the
land be purchased by the Town. The Board had voted 3-0-2 in February
not to pick up any option they might have in acquiring the land and
so the restriction by Riverside Subdivision would lapse . Also the
warrant had closed and it would not be possible to get any action at
Town Meeting regarding a desire to purchase the land . It was pointed
out that a Special Town Meeting had been called on which the warrant
wouldclose on the 20th. Mr. Nichols stated he would be willing to bring
it up before the ad hoc committee for consideration but did not be-
lieve action could be taken in time even with the Special Town Meet-
ing because money would not be available until July 1 , 1980 and that
was after the three year restriction on the lot .
Mrs . Tucker questioned the existing walk easement from Warren
Avenue to Washington Park, questioned whether the developer would
build and grade it and fence it so people would not walk on her
property . Mr. Rivers agreed that he would be willing to do some
grading, but was concerned about ponding water on Mrs . Tucker ' s
property. He also stated the easement was already fenced on his
property and he had no plans to fence it further.
Mr . Nichols suggested the developer might be willing to grant
an easement to the Town which would run from Washington Park along
the back property line to Pinevele. The Chairman asked Mr. Nichols
if he was speaking as a member of the ad hoc committee or as a
citizen and he stated the ad hoc committee had not taken any action
on his proposal . Attorney Latham proposed to the Board that at
this time the Board of Survey should consider the approval or dis-
approval of the subdivision as the developer had made himself
available on numerous occasions and the Town had not taken advantage
of that but the developer would be willing to discuss the matter ,
further after the approval of the subdivision .
Mrs . Maloney (Lot 9) 43 Riverside Drive complained about the
existing easement from Riverside Drive to Washington Park because
Minutes - continued March 17 , 1980
' of the traffic of people through her property, expressed a great
deal of concern because of debris , bad language fear that some-
one was going to steal something in her car and questioned what
action could be taken to have that easement removed. The Chair-
man suggested she contact the Superintendent to find out what
steps could be taken to alleviate her problem and what legal action
would be required to remove said easement .
It was moved, seconded and voted to close the hearing.
It was moved , seconded and voted 5-0 to approve the definitive
plan of Warren Avenue Extension and to notify the Town Clerk of
the Board's action .
Meeting adjourned at 9: 00 P. M.
Reeullubmitted,
Secretary