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HomeMy WebLinkAbout1928-12-17-STM-MIN 21. 6. eXt Cid ADJOURNED TO"TN MEETING, DECEMBER 17 , 1928 . The meriting was called to order by Moderator , Robert 4 . Holt at 8 o ' cloct4 P2M . The amendments to the nresent Zoning Law were explained by Mr . Frederick L . Emory , and stereo ~- t -t con views were shown of existing houses built on 50 foot lots , and how those same houses would be i►nproved if placed on 75 foot lots . Art . 5 ; Mr . Frederic1T L . Emery then moved " That our present Zoning Law be amendedby subst3. ttb,ting for Section I of the present Zoning Law tine following : Section I . To promote the health , safety , convenience and welfare off' its inhabitants , to lessen The rcngers from Fire nnd co gesti nn and to improve ani beautify the town . under and to obtain tire benefits of the provisions or General Laws , Chapter 40 and Chanter 143 , t1-c inspect ' on , materials , cons tru n ti on alteration , repair , height , area . locatirn and use of bu i. l_dine: s and structures and the use o'' premises in the Town of Lexington are hereby regulated as her! in providedand the Town is divided into four tynes of districts hereinnfter defined in Section 3 , aragranh ( b ) , andasshown on the Zoning map prepared. by J . Henry Daffy , Town Engineer , andfiledwith the Town Clerk March 17 , 1924 , and all amendments thereto , which ma '' is hereby made a pnrt of Flits by- law . " tsr .. Thome s j . Heaney . Marrett Road , spoke against amending the present Zoning Law . Mr . Eugene T . Bucl, ey , 8 Grant Street , stated th^ t he thought the picture showing houses on Barrett Roa:r opposite Prospect Hill ROSA were inaccurately shown , although Mr . Eery stated that the picture wn s drawn to scale and was correct . Mr , Isadore Michelson , Par?-er Street , spo're against + � e Town adopting the proposed airen_dments . A rising, vote wns ta'-en , 174 being in t:he affirmative and 142 in the nrigr five . A two- thirds vote bei nf; necessary the motion wns declared lost . Mr . David J . Maloney , 24 Muzzey Street , a=-' red flint if the amendments as a whole were ad or. ted , wo-i ld they be the Zoning Law of the Town , and he was assured' thr t they would be . Mr . Fredericks L . Emery moved " That Secti3n 9 of t' e present Zoning Law be amendedby sub - : ti tuting therefore the following : Section 9 . Permits by Board o `' Apreals requires as a Condition Precedent . When in its judgment the public convenience and welfare will be substantially served , and where s uch exception will not tend to impair the status of the neighborhood , the Board of Appeals may in a specific case , upon written petition , a hearing of Which fourteen days ' public notice shall have been given , and subject to ap1ro riate conditions and safeguards ,glxards , determine and vary the application of the regulations he ^o established in harmony with their general purposes and intent as follows : ( a ) Permit any uses referred to this section under R . 1 , R . 2 and C . 1 districts , and Section 7 . • ( b ) remit variations from the nrovi. sions of Sections 6 and 7 , where topography or other conditions malre it necessary. ( c ) Pe nrnit the alteration of a one - family house or building whe»ever located to accommodate morn than one family . M J 217 ( d ) Pe "mit temporary structures and us „ ry tb, ^ + do not conform to the uses and regul aJ i ons herein prescribed with such conditions aVans will nrotect - e community . rrovided that no such ne rm i. t shall be for -ore ttii an a one-yeas period . ( e ) Permit-, for yearly terms nroduction of articles in wrote or substartin1, nart Pro•-, materials excavated or grown upon the premises . ( f ) Permit for yearly terms a roadside stand for the saleo of only the Products of t}•nn land or t-be owner , Provided that it observes the front yard regulations and complies with all other conditions i-mnosed by the Board of Appeal s . ( g ) Permit in any district any use obviously intended , or be - cause hsrmonious or compitibl e with or accessory to the uses nr any of them herein menti --ned , or necessary for p� 'blic con - venience or benefit , but which has not been specifically mentioned , or wH- ich , otherwise permitted hereunder , may have developed since the framing of this by- law . lie building inspector shall grnnt no permit under th i s section except as directed by the Board or An- eals following the procedure laiddown herein an ,-1 in conformity wit }. the de - cision of the Boar,- or Anneals . "r . 1`4eil 'eclntosh , Aeriam Street statedthat in most of the sur turtling towns no area is stated in their Zoni-ng Laws . He then offered the following ns a substitute motion : " Voted : Tln t: t1 e Board of Selent'-ien arnoint a committee or ten cit ? zeas �rho shall be representative of all sections andconditions of the Town to unite with tl- e Planning Boar'1 n s a " Committee for thr, Review of the Present Zoning By_ r,aws " to see if it is necessary to ad. d. to , altor , , correct or amend the present Zoning By- Laws so trent t1~,e Town ns a W1 ole mry be substantially served and meetings �. 4 such as may he held by said Zoning Vommittee be open to the public , and that said. Committee re - ports its recomnends. tions to the next regular town meeting . " The above motion was passed . lr'r . l' ei1 McIntosh then moved that his ration be amended to read as follows : " Voted : That the Bona" of selectmen appoint a committee of ten citizens who shall be representative of all sections and donditions of the Town to unite witl- the Planning Board n as a " Committee for the Review of the Present Zo •- ing By-Laws to see . if it is necessary to add to , alter , correct or amend the present Zoning By-Laws so that the Town as a whole may be substantially served and such meetings as may be held by said Zoning Committee be onen to the public , and that said Committee report its recommendations as son as it conveniently ;pan , " and the amendment was Passed by the meeting . Art . 6 . Mr . ±heodorn A. Cus tante then offered the following moti or• win1 ch w�ls passed. g " Voted that ti- n stun of 2500 be transferred from General • Revenue and Surplus Account to H - Phway Constructi -,n , Mass . Ave . ( Oa'" to Middle 3trents . " ) Art . 1 . On motion of mr . Albert h . Burnham it was 4c, i. " Voted : That a Committee of three ( 3 ) , of whom the Moderator shall be a member , be appointed to act on behalf of the Town it connection with the lectures provided for under the wills of Eliza Cary Farnham and Susanna E . Cary , said. Committee to continue until the Torn shall otherwise vote . - fl ommittee aprointed :: l'o '. . ert II . Holt , rs . Henry D . Love ,.-, lev . cCi. Art . 16 . on motion of Mr . Albert Il . Burnham it w ., , voter, to inee ?Mf fe �, Postpone this article . 1 , The meeting dissolved. at 10 o ' clock P . M . A true record , Attest : K. 7714e Town Clerk . = t. .r