1933-10-16-STM-min - Laserfiche WebLink

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Remarks by ?'.Ir. F E Burke, exPressinz himself as to why change should be granted. B henry Dufy , Chairman of the Planning Board reads the following report; Renort of Planning Board on Petition for a change in the Zoning 37-Law a d" Mair bar ' s S Mary A `{iii real els and Neil McIntosh 259 Bedford Stree t;,1 Lexington. Acting or the petition of Miss nary A Whalen Heil McIntosh, and others , to amend thee Lexington Zoning By-Law and Mar by Cha piing from an R-1 to a C-1 District h e plot of land at 259 Bedford Street, described as follows; Lots numbered 30, 31, 32,33, and 34 on plan of Su"nyfield, Lexington, Massachusetts , as shown on subdivision plan 9475E recorded in Land Court Registration Court, a cop;; of which is filed with Middlesex South Registry _of Deeds, Land - e;vistration Division, said pan being subdivision plan of land shown on elan 9475A, filed with certificate of title No ®27001, in said Re� istry. e . a the Planning Board has , in accordance with the provisions of the Zoning =y-Law,held a duly: sdver tis ed hearing and after careful consideration now reports to the Town. The purpose upon which this petition is based is that of the operation of an establishment, for the serving of meals to tran- sients and for t " eir accomod.ation as ovsrnight guests ; which, being without question a business enterprise, is not allowable, under the provisions of the Zoning By-Law, in an R-1 or .resident District. The petition is signed by a large number of residents and property owners within. an area which was designated by the ~oard, and at the public hear i ng no persons appeared in opposition. In the opinion of the Board, this petition, so far as this intended use is concerned,has no serious objection; the Boad has also taken into consideration the fact that the property referred to is con- tiguous to an existing business area,which,however, was established by the Town contrary to the recommedation of the Planning Loar§',, and is at present used as a :golf driving range. The Plan rdng Board, however, feels that the operation of a business of this particular character does not necessarily warrant the establishment of a business zone which, when once established, allows its use for general commercial purposes . Similar businesses are known to be in operation elsewhere in the Town in non-conformity with the Zoning Law which, with this as a precedent could reasonably be urged as sufficient excuse for the establishment of still other C-i Districts Such action would be directly s�a.bvensive of the intent of the L' nip. By-law. It is conceivable in this particular section or e.'_ ewhere on IHedford Street that at some future time a C-1 Zone May be required. Previous to such necessity the Manning Board does noir re- commend the change petitioned for.Pr o viti - on for the operation of tea- rooms should be accomplished by other means; and it is the purpose of the Board to present, at the earliest opportunity,an amendment to the Zoning ,4,y-law which will permit this and other specific � nor-conforming uses, subject to proper safeguards,in otherwise restricted areas of the Town. The Planning Board therefore does not approve the ar1endil;ent to the Zoning By-Law covered bV this petition Lexington Planning Board henry puffy ; Sheldon A Robinson Wm - Milne C Edward Lexington , Mass . Edward T wimball October 1 , 19 3. _. Scheibe Remarks by 'r.? A Northrup, speaking in favor of the change be made. The vote s presented BT; i i-rt e. BurTke, had the following result, Yes iel2ers No 9 `-i-i-ohols 19 38 Redman 19 51 69 "eclared lost .9;20 P .M.