1936-03-16-ATM-min - Laserfiche WebLink

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211 Selectman Mr. Ferguson moved to take up Article 18. Mr. Borden Presented vote as follows : Voted: To amend the Lexington Zoning By-Law by adding to Sec- tion 4, R.1 Districts, Paragraph 6, the following sen- tence, to be designated (e) : "(e)" Excavation and removal from the Premises of any sod, loam, sand, gravel, clay or quarried or crushed stone, except that the provisions of Section 9 do not apply when such excavation and removal are incidental to and in connection with the construction of a building for which a Permit has been issued in accordance with the building by-law and this by-law, and when such excavation and removal are permitted under paragraph numbered "4" in the paragraphs headed 'In R.1 Districts ' ." Mr. Borden reads report as Follows: , Report of the Planning Board on the following proposed Zoning Amendment, as it appears under Article 18 in the Warrant for the Town Meeting to be held March 16, 1936. To amend the Lexington Zoning By-Law by adding to Section 4, R.1 Districts , Paragraph 6, the following sentence, to be designated (e) :- le) Excavation and removal from the premises of any sod, loam, sand, gravel, clay, or quarried or crushed stone, except that the provisions of Section 9 do not apply when such excavation and removal are incidental to and in connection with the construction of a building for which a permit has been issued in accordance with the building by-law and this by-law, and when such excavation and removal are permitted under paragraph numbered "4" in the paragraphs headed 'In R.1 Districts ' ." A public hearing was held February 28, 1936, on the proposed amendment, after the notices given in accordance with the Lexington ByTLaw, and the Planning Board now submits a final report with re- commendations to the Town Meeting. In presenting this amendment, the Board believes that it is providing an effective means against reoccurrences of devastating projects such as occurred a short time ago in the northerly part of the Town, and has at the same time left the opportunity for the dis- posal by the farmers, of sufficient quantities of sod, sand, loam and gravel to meet the day to day needs of the average citizen; with- out a cumbersome process of permits. There is no difference in opinion that the sale of such natural resources , in reasonable quantities , is a part of normal farming activities and the Board feels that the proposed addition makes no change in the status of the operation of such sand and gravel pits as are now being carried on as non-conforming uses . While it is generally agreed that our present By-Law is suf- ficiently inclusive to achieve the desired ends, it does so in an indirect manner and it is felt the addition of a paragraph dealing directly with requirements for excavation and removal will act as a deterrent against attempts toward further wholesale operations in residential sections. The Board therefore recommends that the Town adopt this amend- ment. Neil H. Borden Lester F. Ellis D. E. Nickerson Edward W. Kimball Clem H. Ferguson John A. Sellars