HomeMy WebLinkAbout1936-09-21-STM-min 236 cn
SPECIAL TOWN MEETING HELD SEPTEMBER 21, 1936
The meeting was called to order by the Moderator, Robert H.
Holt, at 8:07 P.M.
There were 179 Town Meeting Members present.
Town Clerk, James J. Carroll, read the warrant for the meeting
until upon motion of A. Edward. Rowse, which was seconded, and voted
unanimously. further reading was waived. 8:08 P.M.
Article 1. Selectman Charles E. Ferguson moves to take up Article One,
offering the following:
Voted: That the Moderator appoint a Committee of five Town
Meeting Members representative of all sections of the
Town to study and investigate the Vine Brook Drainage
situation, and to make recommendation to the Town at the
Annual Town Meeting in 1937 as to the advisability of
undertaking construction work to improve Vine Brook Drain-
age.
Carried unanimously 8:10 P.M.
Article 2. Selectman Charles E. Ferguson moves to take up Article 2,
offering the following :
Voted: That the sum of $529.51 be transferred from the
Trunk Line Sewer Construction Account to the Trunk Line
Sewer Repairs Account.
Chairman of the Appropriation Committee, A. Edward Rowse,
presents report, without reading same, moving same be
accepted and placed on file.
Carried unanimous 8 :13 P.M.
Lexington, Mass . , September 15, 1936
REPORT OF THE APPROPRIATION COMMITTEE
The Appropriation Committee makes the following report
with reference to the Articles contained in the Town Warrant
dated September 8, 1936, calling for a special Town Meeting to
be held September 21, 1936.
Article 1. To receive the report of any Board of Town Officers
or of any Committee of the Town and to appoint other
Committees .
The Appropriation Committee makes no
recommendation under this Article.
Article 2. To see if the Town will vote to transfer the sum of
8529.51 from the Trunk Line Sewer Construction Account
to the Trunk Line Sewer Repairs Account.
The Appropriation Committee recommends
that under this Article the sum of $529.51
be appropriated for Trunk Line Sewer
Repairs, and that this amount be transferred
from the Trunk Line Sewer Construction
Account.
Article 3. To see if the Town will vote to appropriate and trans-
fer sums from available funds to the following accounts :
Public Welfare
Health Depar Liiient
Engineering Department Salaries
Engineering Department Expenses
Public Works, Suptls . Office - Salaries
Public Works Building, Expenses
Town Offices & Cary Memorial Bldg. Expenses
Snow Removal
Garbage Collection
!37'
The Appropriation Committee recommends
that under this Article appropriations
be made and that the amounts be trans-
ferred from Excess & Deficiency account
•
as follows :
For Public Welfare 818,000.00
For Health Department 2,400.00
For Engineering Dept. Salaries 560.00
For Public Works, Supt 's . Office
Salaries 271.00
For Public Works Building Expenses 865.00
For Town Offices & Cary Memorial
Building Expenses 300.00
For Snow Removal 2,100.00
For Garbage Collection 600.00
Article 4. To see if the Town will vote to approve the purchase
of land outside the limits of the Town of Lexington,
said land to be used for an airport to be constructed
under the Works Progress Administration and maintained
in conjunction with the Towns of Bedford and Concord,
and appropriate a sum of money therefor by transfer
from available funds or by the issuance of bonds or
notes, or act in any manner relating thereto.
The Appropriation Committee recommends
that this Article be indefinitely post-
poned.
Article 5. To see if the Town will vote to appropriate funds
for labor and materials on public works and for other
expenses in connection therewith, to be expended by
the Selectmen for aid to persons employed on various
projects, and provide funds therefor by transfer
from available funds .
The Appropriation Committee recommends
that the sum of 85,000.00 be appropri-
ated and transferred from the Excess
& Deficiency Account.
Article 6. To see if the Town will vote, upon petition of
Galvin W. Childs, to amend the Lexington Zoning By-Law
and Map by changing from an R-1 District to a C-1 Dis-
trict the parcel of land described as follows :
"30 (b) . At the junction of the Concord
Turnpike and Watertown Street the parcel
bounded easterly by the curve at said junc-
tion 55.98 feet; southerly by said Turnpike
277.50 feet; westerly by a line at right
angles to said Turnpike 98.97 feet; north-
westerly by a line at right angles to said
Watertown Street 98 .97 feet; and north-
easterly by said Watertown Street 286.96 feet."
The Appropriation Committee makes no
recommendation under this Article.
Article 7. To see if the Town will vote, upon petition of
Daniel J. O 'Connell, to amend the Lexington Zoning
By-Law and Map by changing from an R-1 District to
a C-1 District the parcel of land described as
follows :
"A triangular parcel of land bounded on
the northwest by Fletcher Avenue distant 183.90
feet, on the southwest by Woburn Street distant
320.22 feet, and on the northeast by the Boston
and Lowell Railroad Corp. right of way distant
317.40 feet, containing about 27,994 square
feet."
The Appropriation Committee makes no
recommendation under this Article.
238
Article 8. To see if the Town will vote, upon petition of
garah A. Cutler, to amend the Lexington Zoning By-Law
and Map by changing from an R-1 District to a C-I
District the parcel of land described as follows :
"On the easterly side of Pleasant Street
beginning at a point about 100 feet from the
northerly line of the Cambridge Turnpike, ex-
tending northerly one hundred and fifty ( 150)
feet, along Pleasant Street and of a depth of
one hundred ( 100) feet, the southerly side of
the said parcel being Clematis Brook."
The Appropriation Committee makes no
recommendation under this Article.
Article 9. To see if the Town will vote, upon petition of
Eric S. Peterson, to amend the Lexington Zoning By-
Law and Map by changing from an R-1 District to a
C-1 District the parcel of land described as follows :
"At the junction of Blossom Street and
the new Concord Highway upon the southerly side
of the new Concord Highway and the easterly side
of Blossom Street, extending 150 feet easterly
along the new Concord Highway and of a depth of
100 feet from the southerly line of the new
Concord Highway throughout."
The Appropriation Committee makes no
recommendation under this Article.
Article 10. To see if the Town will vote to transfer the sum
of $300.00 from the Sewer Construction Sundry Streets
Account to the Sewer Maintenance Account .
The Appropriation Committee re-
commends that the sum of $300.00
be appropriated for Sewer Maintenance
and that this amount be transferred
from Sewer Construction Sundry
Streets Account .
Article 11 . To see if the Town will vote to appropriate and
transfer funds to defray the expenses of the Lexington
Town Meeting Association, or act in any manner
relating thereto.
The Appropriation Committee re-
commends that this Article be
indefinitely postponed.
GENERAL COMMENTS ON THE WARRANT
Trunk Line Sewer
The additional money for Trunk Line Sewer Repairs Account
is needed in order to raise some of the manholes in the old
trunk line sewer inasmuch as the manholes are now below the
flood level, thereby causing surface leakage into the sewer.
Public Welfare
The additional money is approved for the Public Welfare
Department due to continued increased expenditures which ap-
peared to start during the last six months of 1935 and have
carried on into 1936.
Health Department
The additional funds have been approved for the Health
Department for the reason that that Department has been sub-
jected to unusual expenditures for hospitalization and other
expenses on contagious diseases. The X2400.00 provided is
believed to he sufficient to carry the Department through the
balance of the year and to provide about $400.00 for the pur-
chase of a new pump for the cart used by Mr. Canessa in pumping
out cesspools, etc.
23
Engineering Dept. Salaries
The additional amount of $560.00 is required to cover the
part-time salary of an additional engineer for the balance of
the year and to provide the salary for an engineer transferred
from the Water Department to the Engineering Department. The
additional engineer is required to properly prepare preliminary
requests in connection with proposed W.P .A. projects .
Engineering Dept. Expenses
The amount of $300.00 is requested by the Board of Select-
men for labor in taking soundings in connection with the con-
struction of culverts over Vine Brook. In view of the motion
to be presented under Article 1 to form a Committee to investi-
gate and make recommendations on Vine Brook Drainage, it seems
to this Committee advisable not to provide this money until the
Town has committed itself to the advisability of proceding with
the whole Vine Brook Drainage project.
Public Works-Supt 's . Office Salaries
The additional amount of $271.00 is required on account of
the fact that former Superintendent Trask was allowed a vacation
with pay after the new Superintendent took office and, therefore,
there was a duplication of pay for that period. Also, additional
money is required to increase the salary of the present Superin-
tendent from $3300.00 per annum to $4200.00 per annum, effective
November 11th.
Public Works Building Expenses
The additional amount of $730.00 is required for general
maintenance expenses due to the fact that certain expenses have
been incurred which were not included in the 1936 budget as ap-
proved and voted. Also, the sum of $135.00 is needed for the
purchase of a new grease gun.
Town Offices & Cary Memorial Bldg. Expenses
The additional amount of $300.00 is required to cover the
general maintenance expenses for the balance of the year.
Snow Removal
The additional amount of $2100.00 is required for minor
equipment, labor, and insurance.
Garbage Collection
The additional money is required to provide for funds under
a new contract. The old contract for Garbage Collection expires
the latter part of September and the new contract will call for a
larger expenditure than the old contract.
Labor, Materials & Expenses on Public Works
The Board of Selectmen have requested $8000.00 for this item
of which $3000.00 is to be the cost of materials and expenses to
construct culverts over Vine Brook at East Street and Bowser's
Road. In view of the motion to be presented under Article_ I to
form a Committee to investigate and make recommendations on Vine
Brook Drainage, it seems to this Committee advisable not to con-
struct these culverts until the Town has committed itself as to
the advisability of proceding with the whole Vine Brook Drainage
project. The additional sum of $5000.00 is required to cover
further expenses on the Mill Brook project, Clematis Brook project,
Topographical Survey, Waltham Street Sidewalk, Moth Project, and
other expenses . This money is all used on projects where the
ilabor is provided by the Federal Government on the so-called
'P.A. Projects .
240 c�
Sewer Maintenance
The additional amount of $300.00 is required for service
connections .
Lexington Town Meeting Association
The Appropriation Committee recommends indefinite post-
ponement of this Article for the reason that the appropriation
of funds for the purpose set forth in the Article would not be
legal.
Excess & Deficiency Account
On September 1, 1935, the amount in our Excess & Deficiency
account was $64,287.51. The amount in the Excess & Deficiency
account which is available for transfer by vote of the Town Meeting
is the difference between the amount in the Excess & Deficiency
account and the uncollected delinquent real estate taxes . As of
September 1st, the uncollected real estate taxes for 1935 and prior
years amounted to $33,581.72. Subtracting this amount of $33,581.72
from the amount of 564,287 .51 in the Excess & Deficiency account
results in a balance of $30,705.79, which is the amount which was
available for the use of the Town on September 1st. It will be
observed that the transfers which the Appropriation Committee has
approved from the Excess & Deficiency account total $30,096.00.
Respectfully submitted,
A. Edward Rowse
Chairman
Louis E. Yeager A. R. Soderberg
•
Raymond L. White George M. Hynes
Winthrop H. Bowker A. W. Tucker
Appropriation Committee of the Town of Lexington
The Moderator instructs the Town Clerk to note and check
report as being filed.
Article 2, as presented by Selectman Charles E. Ferguson pre-
sented and carried unanimously, 8:13 P.M.
Article 3. Selectman Charles E. Ferguson moves to take up Art-
icle 3, reading same, each item being voted upon sep-
arately, as follows :
Voted: That the following sums be appropriated and trans-
ferred from the Excess and Deficiency Account to the
following accounts :
Public Welfare $18,000.00 Carried unanimous 8:14 P.M.
Health Department 2,400.00 Carried unanimous 8:15 P.M.
Engineering Department-Salaries 560.00
Question by Mr. Arthur F. Hutchinson referring to report of
Vine Brook Committee of 1930.
Answered by Selectman Charles E. Ferguson.
Moved by Mr. Arthur F. Hutchinson that same be laid upon table
or indefinitely postponed.
Moderator Robert H. Holt states that it must be one or the
other, laid on table or indefinitely postponed, asking which it shall
be, whereby Mr. Arthur F. Hutchinson moves for indefinite postponement.
241
The main question for indefinite postponement of the transfer
of $560.00 was put to a vote, and the indefinite postponement was
declared lost.
Unanimous 8:19 P.M.
The main question for the transfer of $560.00 for Engineers '
salaries was put to a vote, and declared carried unanimous 8 :19 P.M.
Engineering Department-Expenses $300.00 Carried unan. 8:23 P.M.
Public Works, Superintendent 's Office-Salaries 271.00 Carried unan. 8:23 P.M.
Public Works Building Expenses 865.00 Carried unan. 8:25 P.M.
- Town Offices & Cary Memorial Building-Expenses 300.00 Carried unan. 8:26 P.M.
Snow Removal 2,100.00 Carried unan. 8:27 P.M.
Garbage Collection 600.00 Carried unan. 8:27 P.M.
Article 4. Selectman Charles E. Ferguson moves to take up Article 4,
at the same time moving that Article 4 be indefinitely post-
poned.
Mr. Walter E. Sands objectsto indefinite postponement, that
the Town Meeting Members expected to vote on the article.
The question of indefinite postponement of. Article 4 was put
to a voice vote, the result of same being doubted by the
Moderator, whereby a rising vote was taken, results as
follows :
Yes Tellers No
31 Roder D. Long 5
51 Neil McIntosh 46
17 Charles M. Blake 14
99 65
Indefinite postponement carried 8 :31 P.M.
- Article 5. Selectman Charles E. Ferguson moves to take up Article 5,
offering the following:
Voted: That the sum of $8,000.00 be appropriated for labor
and materials on public works and for other expenses in
connection therewith, to be expended by the Selectmen for
aid to persons employed on various projects, and that to
provide funds for this appropriation, the sum of $8,000.00
be transferred from the excess and deficiency account.
Amendment to the motion made by Mr. A. Edward Rowse, Chair-
man of the Appropriation Committee, that the amount be
changed to read $5,000.00 instead of $8,000.00
Mr. Arthur F. Hutchinson refers to Metcalf-Eddy report.
General discussion from following speakers , Glynn., Houghton,
Rowse, Duffy, Worthen, Farnham, Spellman, and Ryder.
The amendment of A. Edward Rowse, to reduce the amount from
$8, 000.00 to $5,000.00 was put to a vote and declared lost.
Unanimous 8:56 P.M.
The original motion as presented for $8,000.00 was voted
upon and declared carried.
Unanimous 8 :57 P.M.
Article 6. Selectman Charles E. Ferguson moves to take up Article 6.
Mr. A. Edward Rowse calls the attention to the Moderator
of Article 5, that under Chapter 90, General Laws, such
vote should be by two-thirds majority, whereby the Moderator
called for a standing vote, with results as follows :
Yes Tellers No
27 Roger D. Long 4
81 Neil McIntosh 3
31 Charles M. Blake 0
139 7
Declared carried 8:58 P.M.
242
Selectman Charles E. Ferguson moves totake up Article 6,
whereby Mr. Lyon Carter offered the following motion.
Voted: That the Town amend the Lexington Zoning
By-Law and Map by changing from an R-1 District to
a C-1 District the parcel of land described as
follows :
At the junction of the Concord Turnpike and
Watertown Street the parcel bounded easterly by the
curve at said junction 55.98 feet; southerly by
said Turnpike 277 .50 feet; westerly by a line at
right angles to said Turnpike 98.97 feet; north-
westerly by a line at right angles to said
Watertown Street 98.97 feet; .and northeasterly by
said Watertown Street 286.96 feet.
Mr. Carter asked that the privilege be granted Mr. Calvin
W. Childs to address the Town Meeting Members .
The Town Meeting Members having voted no objections ,
Mr. Childs explained his proposition and reasons for his
request.
Mr. Neil H. Borden, Chairman of the Planning Board, reads
report.
Report of the Planning Board on the Following Proposed
Amendment, as it Appears Under Article 6 in the Warrant
for the Town Meeting, to be Held September 21,. 1936 :
To amend the Lexington Zoning By-Law by changing from an
R-1 (Residential) District to a C-1 (Commercial) District the parcel
of land described as follows :
"At the junction of the Concord Turnpike and Watertown
Street the• parcel bounded easterly by the curve at said
junction 55.98 feet; southerly by said Turnpike 277.50 feet;
westerly by a line at right angles to said Turnpike 98.97 feet;
northwesterly by a line at right angles to said Watertown Street
98.97 feet; and northeasterly by said Watertown Street 286.96 feet."
A public hearing was held on September 17, 1936 on the
proposed amendment, after the notices given in accordance with the
Lexington By-Law, and the Planning Board now submits a final report
with recommendations to the Town Meeting.
Each year, since work was startedon the Concord Turnpike,
the subject of the treatment of the adjoining property has been a
major item in the program of the Planning Boards . This fall the
Board crystallized its opinions and has presented a comprehensive
report to the Town as a whole. Although that report was prepared
previous to the receipt of this particular petition, it is hereby
made a part of this report.
In arriving at the decision to report adversely on this
amendment the Board is governed by the following considerations :
(1) Safety to the traveling public is of the utmost import-
ance, and the intersection of Watertown Street and the Turnpike
is the most dangerous Turnpike intersection in Lexington, not only
because of the volume of heavy traffic, but because of the top-
ography of land.
This contention is supported by the police records ,
which show that for 1935 and so far this year, 4e of all the
accidents along the Lexington portion of the Turnpike have occurred
at this intersection. Anything that even tends to increase com-
plexity at such an intersection is not for the public good.
243
(2) While the Board cannot fairly consider in its deliberations
the question of personal gain or loss, the very fundamentals of sound
zoning are to protect existing values . Any business enterprise at this
point is not in the best interest of either other business areas or
to the protection of property rights in the immediate vicinity.
(3) The Board has specifically recommended an area approximately
two miles west for the paired gasoline stations deemed most suitable
for the highway, and it is convinced that its plan is far superior
to this spot from the standpoints of safety to motorists , effect on
real estate value, and development of the highway.
( 4) There is at present no zoning by-law establishing areas for
the sale of gasoline, oil, and auto accessories only. Until the Town
Meeting can consider this problem, the Board hopes that no action will
be taken by the Town to establish a C-1 zone on the new-road.
The Board feels that priority of petitioning should not
determine the granting of such areas and believes the Town accordingly
shouldnot rush into precipitate zone changes . Accordingly it rec-
ommends to the Town Meeting that this petition be denied.
Edward W. Kimball
Clem H. Ferguson
Donald E. Nickerson
Lester F. Ellis
John A. Sellars
Motion of Mr. Lyon Carter seconded by Mr. William H. Ballard.
General discussion, following speakers, Dr, James J. Walsh,
John H. Devine, William R. Greeley, Edwin B. Worthen,
Robert L. Ryder, Arthur F. Hutchinson, Ernest Cutter,
Clarence Shannon.
Motion to amend Zoning By-Laws under Article 6 was put to
a standing vote as follows :
Yes Tellers No
25 George H.B. Green 7
89 Neil McIntosh 14
30 Charles M. Blake 2
144 23
Declared carried by two-thirds vote - 10:45 P.M.
Article 9. Mr. Arthur F. Hutchinson moves to take up Article 9,
offering the following :
Voted: To amend the Lexington Zoning
By-Law and Map by changing from an R-1
District to a C-1 District the parcel
of land described as follows :
At the junction of Blossom Street
and the new Concord Highway upon the
southerly side of the new uoncord
Highway and the easterly side of
Blossom Street, extending 150 feet
easterly along the new Concord
Highway and of a depth of 100 feet
from the southerly line of the new
Concord Highway throughout.
244 crt
Remarks by Mr. Robert L. Ryder.
Mr. Neil H. Borden, Chairman of the Planning Board,
reads report of Planning Board.
Report of the Planning Board on the Following Proposed
Amendment, as it Appears Under Article 9 in the Warrant
for the Town Meeting, to be Held September 21, 1936
To amend the Lexington Zoning By-Law and Map by changing,
from an R-1 District to a C-I District the parcel of land described
as follows :
"At the junction of Blossom Street and the new Concord
Highway upon the southerly side of the new Concord Highway
and the easterly side of Blossom Street, extending 150 feet
easterly along the new Concord Highway and of a depth of
100 feet from the southerly line of the new Concord Highway
throughout."
A public hearing was held on September 17, 1936 on the
proposed amendment, after the notices given in accordance with the
Lexington By-Law, and the Planning Board now submits a final report
with recommendations to the Town Meeting.
This petition for a business zone goes counter to the recom-
mendations laid down in the plan for the development of the Cambridge-
Concord Turnpike submitted to the Town Meeting Members by the Planning
Board, which may be considered a part of this report. In this plan the
Board advises the minimum of business necessary to serve passing motor-
ists and recommends specifically paired stations at a single point on
the highway in the level area one half mile to the west of the spot
involved here.
While the spot sought by the applicant as a zone for erection
of a gasoline station is judged from the standpoints of danger and inter-
ference with traffic movement to be less objectionable than those
involved in other petitions presented (or to be presented) to this Town
Meeting, the Board does not feel that the Town should grant any peti-
tion for a business zone for sale of gasoline on the highway unless
it is satisfied that the application meets as nearly as possible the
ideal desired and is in the best interests of. the Town and of the
motoring public. Mere priority of application is not considered dd-
equate reason for granting of such petitions . The needs of the
motoring public for gasoline service on this highway are not so
pressing that the Town should rush into precipitate and unwise zoning
changes .
The chief objections to this zone change are :
( 1) It is far inferior to the area recommended by the Board for
any gasoline station to be permitted by the Town.
(2) It is at the entrance of an overpass intersection to the
highway, deemed undesirable from a traffic safety standpoint.
( 3) The view of a gasoline station to eastbound motorists would
be limited to some extent by the sharp grade west of the Waltham
Street overpass and would be limited very greatly to westbound motor-
ists by the sharp grade from Blossom Street and the high rocky cliffs
bordering this grade.
( 4) While a station might be erected on the opposite side of
the highway to give avoidance of crossing of motorists , such a station
would be undesirable from the standpoint of visibility to motorists
from the east who would be its patrons .
(5) Finally, it must be pointed out that the applicant seeks a
C-1 zone, which the Board feels undesirable for this highway. Although
it is unfortunate that a limited gasoline zone is not available to
applicants at this Town Meeting, the Board believes C-1 zones should
not be granted.
245
In view of these considerations, the Board recommends that
the petition be denied.
Neil H. Borden Clem H. Ferguson
Lester F. Ellis Edward W. Kimball
Donald E. Nickerson John A. Sellars
Motion to amend Zoning By-Laws under Article 9 was put
to a standing vote as follows :
Yes Tellers No
15 George H. B. Green 7
53 Neil McIntosh 37
20 Charles M. Blake 5
88 49
Not being a majority two-thirds vote, amendment declared
lost. 11 P.M.
Article 7 . Mr. William E. Mulliken moves to take up Article 7, offer-
ing the following:
Voted: That the Town amend the Lexington Zoning By-Law
and map by changing from an R-1 District to a C-1 District,
the following described parcel of land:
"A triangular parcel of land. bounded on the
northwest by Fletcher Avenue distant 183.90
feet, on the southwest by Woburn Street dis-
tant 320.22 feet, and on the northeast by
the Boston and Lowell Railroad Corp. right
of way distant 317.40 feet, containing about
27,994 square feet."
Mr. Mulliken asks the privilege be granted Mr. Daniel J.
OeConnell to address the Town Meeting Members from the
floor, which was granted unanimously.
Mr. Neil H. Borden, Chairman of the Planning Board, reads
the report of the Planning Board.
Report of the Planning Board on the Following Proposed
Amendment, as it Appears Under Articlezele 7 in the
Warrant
for the Town Meeting, to be Held September 21, 1936.
To amend the Lexington Zoning By-Law and Map by changing
from an R-1 District to a C-1 District the parcel of land described
as follows :
"A triangular parcel of land bounded on the northwest
by Fletcher Avenue distant 183.90 feet, on the southwest by
Woburn Street distant 320.22 feet, and on the northeast by
the Boston and Lowell Railroad Corp. right of way distant
317 .40 feet, containing about 27,994 square feet."
A public hearing was held on September 17, 1936, on the
proposed amendment, after the notices given in accordance with the
Lexington By-Law, and the Planning Board now submits a final report
with recommendations to the Town Meeting.
The Board believes that the fundamental of sound zoning is
to protect property values through adherance to established zones,
unless a change is justified by public need. It believes that the
Town should not grant to any owner of peculiarly located or otherwise
unusable tracts the privileges of business or other special uses unless
such uses are clearly proven to be required.
Former Boards have expressed the opinion that the areas
already zoned for business were laid down for a population growth very
considerably in excess of both what had actually occurred or might be
reasonably expected for some time to come. The unprofitable uses of
many buildings around the Town convinces the present Board that these
opinions apply at present, and that there is no necessity for additional
business areas at this time.
246
That there is no demand for additional business in this
particular locality is evinced by the lack of business development
in the area now zoned for business along Woburn Street on the opposite
side of the railroad track.
The Town has recognized the advisability of protecting its
heavy investment in public buildings by establishing a solid residen-
tial area on this side of Massachusetts Avenue from Vine Brook south.
The Planning Board believes that the future needs of the
Town will require the acquisition of not only this tract of land but
the land intervening between this lot and the present Town Hall lot
in order to provide adequate facilities for the police, fire, and
other departments of the Town.
It also believes that the changing of this wedge into a
business area is unsound zoning and that no change should be made
until there is a definite public need or until a civic use for it
can be found.
In view of these considerations, the Planning Board recom-
mends to the Town Meeting that this petition be denied.
Neil H. Borden
Edward W. Kimball
Clem H. Ferguson
Lester F. Ellis
Donald E. Nickerson
John A. Sellars
Remarks by Edward W. Kimball, Eugene T. Buckley, Dr. Clar-
ence Shannon, Leigh V. Farnham, George W. Sarano and
Arthur F. Hutchinson.
Motion to amend Zoning By-Laws under Article 7 was put
to a standing vote as follows :
Yes Tellers No
12 George H.B. Green 7
52 Neil McIntosh 23
23 Charles M. Blake 7
87 37
Being a majority two-thirds vote, amendment declared
carried. -
11 :15 P.M.
Article 10. Selectman Charles E. Ferguson moves to take up Article 10,
offering the following:
Voted: That the sum of $300.00 be transferred from the
Sewer Construction Sundry Streets Account to the Sewer
Maintenance Account.
Carried unanimous 11:16 P.M.
Article 11. Selectman Charles E. Ferguson moves to take up Article 11,
at the same time moving that Article 11 be indefinitely
postponed.
Indefinite postponement carried unanimously 11:17 P.M.
Article 8. Selectman Charles E. Ferguson moves to take up Article 8.
Mr. Burroughs takes the floor to speak in favor of
Article 8.
Moderator Robert H. Holt informs speaker, as yet no motion
before meeting.
247
Mr: Arthur F. Hutchinson offers motion as follows :
Voted: To amend the Lexington Zoning By-Law and Map by
changing from an R-I District to a C-i District the parcel
of land described as follows :
"On the easterly side of Pleasant Street beginning
at a point about 100 feet from the northerly line of
the Cambridge Turnpike, extending northerly one hun-
dred and fifty (150) feet, alongP'.easant Street and
of a depth of one hundred ( 100) feet, the southerly
side o-f the said parcel being Clematis Brook." -
Mr. Neil H. Borden, Chairman of the Planning Board, reads
report of the Planning Board.
Report of the Planning Board on the Following Proposed
Amendment, as it Appears Under Article 8 in the Warrant
for the Town Meeting, to be Held September 21, 1936.
To amend the Lexington Zoning By-Law and Map by changing
from an R-1 District to a C-1 District the parcel of land described
as follows :
"On the easterly side of Pleasant Street beginning at
a point about 100 feet from the northerly line of the Cambridge
Turnpike, extending northerly one hundred and fifty ( 150)
feet, along Pleasant Street and of a depth of one hundred (100)
feet, the southerly side of the said parcel being Clematis Brook."
A public hearing was held on September 17, 1936, on the
proposed amendment, after the notices given in accordance with the
Lexington By-Law, and the Planning Board now submits a final report
with recommendations to the Town Meeting.
This petition for a business zone goes counter to the recom-
mendations laid down in the plan for the development of Cambridge-
Concord Turnpike submitted to the Town Meeting Members by the Planning
Board, which may be considered a part of this report. In this plan the
Board advises the minimum of business zones necessary to serve passing
motorists, and recommends specifically the scheme of paired stations
at a single point on the highway in the level area approximately a mile
to the west of the spot involved here.
The chief objections to a zone change for this area are:
( 1) It is inferior as a gasoline station site, from the stand-
points of safety and effect on property values , to the area recommended
by the Board.
(2) It is located on an intersection, deemed undesirable from a
traffic safety standpoint.
(3) Visibility for westbound traffic is limited because of a
high rock embankment on the highway to the east of the area.
(4) A C-1 zone is sought, undesirable from the standpoint of
development of the highway. Although it is unfortunate that the
limited gasoline zone is not available to applicants at this Town
Meeting, the Board believes C-1 zones should not be granted.
The Board feels that the Town should not grant any petition
for a business zone for sale of gasoline on the highway unless it is
satisfied that the application meets as nearly as possiblethe ideal
desired and is in the best interests of the Town and of the motoring
public. Mere priority of application is not considered adequate reason
for granting of such petitions . The needs of the motoring public for
gasoline service on this highway are not so pressing that the town
should rush into precipitate and unwise zoning changes .
In view of these considerations, the Board recommends to the
Town Meeting that this petition be denied.
Neil H. Borden Clem H. Ferguson
Donald E. Nickerson Lester F. Ellis
Edward W. Kimball John A. Sellars
248
Mr. Burroughs granted permission by Town Meeting Members to speak
from the floor.
Motion to amend Zoning By-Laws under Article 8 put to a standing vote
as follows :
Yes Tellers No
0 George H. B. Green 12
4 Neil McIntosh 52
1 Charles M. Blake 19
5 83
In accordance with two-thirds vote required, same not obtained,
amendment declared lost.
11 :26 P.M.
All articles being dispensed with, the Moderator, Robert H. Holt,
declares the meeting is dissolved.
Unanimous 11:27 P.M.
A true record:
Attest :
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