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HomeMy WebLinkAbout1936-12-07-STM-min 263 SPECIAL TOWN MEETING HELD DECEMBER 7, 1936 Meeting called to order at 8:12 P.M. by Robert H. Holt, Moderator. There were 149 Town Meeting Members present . James J. Carroll, Town Clerk, read the Warrant for the meeting until motion of Selectman Philip M. Clark, which was seconded. Further reading of the warrant was waived. Carried Unanimous 8 :13 P.M. James J. Carroll, Town Clerk, read. the Constable 's return of the Warrant. Article 1. Selectman Charles E. Ferguson moved to take up Article 1. A. Edward Rowse, Chairman of the Appropriation Committee, presented report of the Appropriation ComLn.ittee, which voted unanimously to be accepted and placed on file, said report as follows : Lexington, Mass . , December 3, 1936 REPORT OF 7 E APPROPRIATION COMMITTEE The Appropriation Committee makes the following report with reference to the Articles contained in the Town Warrant dated Novem- ber 24th, 1936, calling for a special Town Meeting to be held December 7th, 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 appropriate and transfer sums from available funds to the following accounts : Public Welfare Removal of Snow and Ice Public Works Building Equipment Old Age Assistance Workmen's Compensation and Public Liability Insurance Elections and Registrations Highway Department Equipment The Appropriation Committee recommends that under this Article appropriations be made and that the amounts be transferred from Excess & Deficiency Account as follows : For Public Welfare $7,000.00 For Removal of Snow and ice 3,000.00 For Public Works Building Equipment 129.00 For Old Age Assistance 1,000.00 For Workmen's Compensation and Public Liability Insurance 3,873.41 For Elections and Registrations 232.10 For Highway Department Equipment 1,030.55 Public Welfare The additional money approved for the Public Welfare Department is needed to cover the expenses of the Department for the balance of the year and to cover payment of bills due other Cities and Towns . If set- tlement is not made with all of the Cities and Towns where it is hoped to obtain settlements , it is anticipated that there will be an unexpend- ed balance in the Public Welfare Department which on December 31st will be automatically transferred to the 1936 Revenue account and from that account will be transferred to Excess & Deficiency. Therefore, while your Committee feels that the amount recommended for appropriation may be slightly in excess of the money needed it is believed good judgement to Provide the amount which has been requested so that there may be no delay on the part of Lexington in making settlements with other Cities and Towns . 264 Snow Removal The additional money is approved to cover some equipment replace- ments and repair and to cover the probable expense of snow and ice removal for the balance of the year. If we have the good fortune of a small amount of snow between now andthe end of the year it is believed probable that there will be an unexpendedbalance in this account which will automatically findits way back to the Excess & Deficiency Account. Public Works Building Equipment The appropriation of $129.00 is approved for the purchase of a jack which is urgently needed. Old Age Assistance The additional money is approved for Old Age Assistance to cover probable expenditures for the balance of the year, together with the amount necessary for payment of bills due other Cities and Towns . Your Committee feels the same regarding this appropriation as it does with respect to the additional appropriation for Public Welfare. Workments Compensation and Public Liability Insurance The money approved for this item is to cover the advance insurance premium for the period September 1, 1936 to September 1, 1937. It will be remembered that your Committee in its annual Report for 1936 stated that in an endeavor• to charge compensation insurance to each separate department instead of carrying it in the general insurance account each department was being charged for its compensation insurance costs . Your Committee stated that the same heldtrue for public liability insurance. It has now been determined that in a number of accounts insufficient money was provided to pay for the workmen's compensation and public liability insurance, and it therefore has been deemed advisable to reestablish an insurance account to cover this cost, but it is recommended that this insurance account be kept separate and distinct from the account for fire and sprinkler insurance'. Elections & Registrations The additional money approved. for Elections & Registrations is due to greater expenses than anticipated in connection with the election which was held November 3rd, and also a part of the additional money is needed to cover the cost of a recount of the votes cast for Lieutenant-Governor. Highway Department Equipment The additional money approved is to cover the purchase cost of a new truck. The total cost of the new truck will be $1180.55 and an allowance will be secured on old trucks turned in of $150.00. The Superintendent of Public Works has stated that the old trucks can not be registered another year inasmuch as they are not fit for any further service. ARTICLE 3. 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 under this Article the sum of $4000.00 be appropriated and that this amount be transferred from Excess & Deficiency Account. The additional amount of $4000.00 approved for this item is to cover the probable expenses for materials and other items needed from January 1st to April 1st, 1937, to carry on projects where the labor is provided by the Federal Government on the so-called W.P.A. Projects . This additional money needed has been determined in the following manner: For Mill Brook $1048.00 For Clematis Brook 1018.00 For East Lexington Skating Rink 321.00 For Topographical Survey 50.00 For Tree Work 544.00 For Office Expenses 966.00 Total $3947.00 265 ARTICLE 4. To see if the Town will vote to appropriate and transfer money from available funds for the unpaid bills for the year 1934 in the following account: Health Department $56.00. The Appropriation Committee recommends that under this Article the sum of $56.00 be appropriated for Health Department 1934 Bills , and that this amount be trans- ferred from Excess & Deficiency Account. This unpaid bill of the Health Department was presented by Dr. W.W. Harrington, and was not rendered until 1936. ARTICLE 5. To see if the Town will vote to appropriate and transfer money from available funds for the unpaid bills for the year 1935 in the following accounts : Health Department $84.00; Police Department $25.00 The Appropriation Committee recommends that under this Article appropriations be made and that the amounts be transferred from Excess & Deficiency Account as follows : For Health Department 1935 Bills - $84.00 For Police Department 1935 Bills - 25.00 These unpaid bills of the Health Department and Police Department are bills presented by Dr. W.W. Harrington which were not rendered until 1936. ARTICLE 6. To see if the Town will vote to appropriate and transfer the sum of $150.00 for the payment of tuition of pupils attending Vocational School or act in any manner relating thereto . The Appropriation Committee recommends that this Article be indefinitely postponed. The School Committee has informed the Appropriation Committee that it was felt the additional money would be needed for two new pupils attending Vocational School but both pupils have decided not to attend for which reason no further money is required. ARTICLE 7 . To see if the Town will vote to transfer a sum of money from the Interest Account to the Excess and Deficiency Account. The Appropriation Committee recommends that under this Article the sum of $3500.00 be transferred from the Interest on Debt Account to Excess & Deficiency Account. The transfer of $3500.00 approvedfrom the Interest on Debt Account to the Excess & Deficiency Account is an excess in the Interest Account brought about because of the low interest rates prevailing on loans which have been made this year. - ARTICLE 8. To see if the Town will vote to transfer a sum of money from the Highway Maintenance Salaries Account to the Excess & Deficiency Account. The Appropriation Committee recommends that under this Article the sum of $800.00 be transferred from the Highway Maintenance Salaries Account to Excess &- Deficiency Account. The amount of $800.00 approved for transfer from the Highway Maintenance Salaries Account to the Excess & Deficiency Account is a surplus in the Highway Maintenance Salaries Account caused by the fact that the salary of Mr. John O 'Connor, designated as Assistant to the Superintendent of Highways , has , for a good part of the year been charged to the account for Labor, Materials and Expenses on Public Works . The salary for Mr. O 'Connor was provided for in the Highway Maintenance Salaries Account. ARTICLE 9. To see if the Town will authorize the Selectmen to install street lights in the following unaccepted streets : Arcola Street; Bartlett Ave. ; Pearl Street ; Ridge Road; Stratham Road; Taft Avenue. 266 cn The Appropriation Committee recommends the installation of street lights in the streets as designated. This will involve no additional appropriation inasmuch as there is sufficient money in the Street Lights Account to cover the expense which may be incurred for the balance of the year. ARTICLE 10. To see if the Town will vote to accept a bequest of the late Frederick L. Emery to be held by the Town in trust to permit the Lexington Field and Garden Club to apply the income toward the beauti- fication of public places in the Town as more fully set forth in the will of the late Frederick L. Emery. The Appropriation Committee makes no recommendation under this Article. ARTICLE 11. To see if the Town will grant to the United States of America an easement to use the portion of the property at the corner of Massachusetts Avenue and Grant Street known as the Harrington property between the present exterior line of Massachusetts Avenue and the building line heretofore established by the Town on said property sub- stantially in accordance pith a form of deed on file with the Town Clerk, a copy of which is open to public inspection. The Appropriation Committee makes no recommendation under this Article. ARTICLE 12 . To see if the Town will vote to amend the Zoning By-Law and Map by adopting any or all of the following amendments thereto or take any action thereon:- 1. By substituting for Section 1 thereof the following:- "Section 1. For the purposes set forth in General Laws, Chapter 40, sections 25 to 30A inclusive (as amended by Statute 1933, Chapter 269) and under the authority thereof, and of General Laws , Chapter 143, and any other laws it thereto enabling, the inspection, materials , construction, alteration and repair, height, area, location and use of buildings and structures, and the use of land in the Town of Lexington are hereby regulated as herein provided, and the Town is divided into types of districts as hereinafter defined, and as shown on the Zoning Map prepared by J. Henry Duffy, Town Engineer, and filed with the Town Clerk, March 17, 1924, and allamendments , thereto, which Map as amended is hereby made a part of this By-Law." 2. By adding to Section 2. Definitions , the following:- ( f) A throughway is any State Highway primarilydeveloped for through traffic, with a general taking of not under 100 feet in width. 3. By inserting between the second and third paragraphs of Section 3, ( a) the following:- "T.1 indicates trunk-hi?hway districts with specially re- stricted uses, located adjacent to a throughway." 4. By changing Section 3. (b) after the heading "R.l Districts" to read as follows :- "Every part of the Town not shown upon the zoning map as amended and not hereinafter specifically designated as R.2, T.1, C .l and M.1 Districts ." 5. By changing the numbering of the paragraphs under Section 3 (b) as follows : - Change paragraphs numbered 11 to 30a inclusive to become 1 to 21 inclusive. Change paragraphs numbered 31 to 32 to become 1 and 2. 6. By inserting in Section 4 between the paragraphs relating to R.2 Districts and those relating to C.1 Districts the following: - "In T.1 Districts: - All uses that are permitted under R.1 and R.2 'but. sub- ject to any conditions and restrictions set forth therein and the following subject to the provisions of Section 9. 1. Retail gasoline, oil and greasing stations . 2 . Sale and installation of tires and other auto- mobile accessories ." The Appropriation Committee makes no recommendation under this Article. 267 ARTICLE 13. 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.l District to a C.1 District the parcel of land described as follows : "Beginning at a point 200 feet easterly of the junction of the easterly line of Blossom Street with the southerly line of the new Concord Highway, thence easterly along the southerly line of the Concord Highway 200 feet, and for a depth of 100 feet throughout." The Appropriation Committee makes no recommendation under this Article. ARTICLE 14. To see if the Town will vote, upon petition of Sarah A. utter, t o amend the Lexington Zoning By-Law and Map by changing from an R.1 District to a C.1 District the parcel of land bounded and des- cribed as follows-: "On the easterly side of Pleasant Street, beginning at a Point 100 feet north of the Concord Turnpike and extending north along Pleasant Street for a distance of 150 feet, from there running easterly for about 400 feet to a point on the Concord Turnpike 100 feet east of where Clematis Brook goes under the Concord Turnpike, and bounded on the south by the Concord Turnpike and Clematis Brook." The Appropriation Committee makes no recommendation under this Article. ARTICLE 15. To see if the Town will vote, upon petition of Ernest DeVincent, 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 bounded and des- cribed as follows :- "Beginning at a point at the southwesterly intersection of Pleasant Street and the Cambridge-Concord Turnpike and run- ning along said turnpike iii a general westerly direction 320 feet . thence turning and running due south 140 feet, thence turning and running easterly on a line parallel to the Cambridge-Concord Turnpike 130 feet to Pleasant Street, thence turning and running in a northeasterly direction along Pleasant Street 210 feet to the point of beginning." The Appropriation Committee makes no recommendation under this Article. Excess and Deficiency On December 1, 1936, the amount in our Excess & Deficiency Account was $36,977 .72, and the amount of uncollected Real Estate Taxes for 1935 amounted to $18,076 .31. Subtracting this amount of $18,076.31 from the amount of $36,977.72 in the Excess & Deficiency Account results in a balance of $18,901.41, which is the amount available for the use of the Town on December 1st. If the Town approves the transfers of $3500.00 from Interest on Debt Account and $800.00 from Highway Main- tenance Salaries Account the amount in the Excess & Deficiency Account available for the use of the Town will be increased to $23,201.41. It will be observed that the transfers j.hich the Appropriation Committee have approved from the Excess & Deficiency Account total $20,430.06. Respectfully submitted, A. Edward Rowse Chairman Raymond L. White Edward W. Sibley George M. Hynes A. W. Rucker L. E. Yeager A. Randall Soderberg lqnthrop H. Bowker Appropriation Committee of the Town of Lexington 268 Article 7 . Selectman Charles E. Ferguson moves to take up Article 7 offering the following: VOTED that the sum of $3500. be transferred from the Interest Account to the Excess and Deficiency Account. Carried Unanimous 8:15 P.M. Article 8. Selectman Charles E. Ferguson moves to take up Article 8 offering the following: VOTED that the sum of $800. be transferred from the Highway Maintenance Salaries Account to the Excess and Deficiency Account. Carried Unanimous 8:16 P.M. Article 2. Selectman Charles E. Ferguson moves to take up Article 2 offering the following: VOTED that the following amounts be appropriated and trans- ferred from the Excess & Deficiency Account: Public Welfare 87,000.00 Carried Unanimous 8:17 P.M. Removal of Snow and Ice 3, 000.00 Carried Unanimous 8 :17 P.M. Public Works Building Equipment 129.00 Carried Unanimous 8 :18 P .M. Old Age Assistance 1,000.00 Carried Unanimous 8:18 P.M. Workmen's Compensation & Public Liability Insurance 3,873.41 Carried Unanimous 8 :19 P.M. Elections & Registrations 232.10 Carried Unanimous 8:19 P.M. Highway Department Equipment 1,030.55 Carried Unanimous '8 :20 P.M. Article 3. Selectman Charles E. Ferguson moves to take up Article '3 offering the following: VOTED that the sum of $4,000. 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 for this purpose this amount be transferred from the Excess and Deficiency Account. Carried Unanimous 8:21 P.M. Article 4. Selectman Charles E. Ferguson moves to take up Article 4 offering the following: VOTED that the following amount be appropriated and trans- ferred from the Excess and Deficiency Account for the unpaid bills for the year 1934 of the following account : Health Department, $56.00. Carried Unanimous 8:22 P.M. Article 5. Selectman Charles E. Ferguson moves to take up Article, 5 offering the following: VOTED that the following amounts be appropriated and transferred from the Excess and Deficiency Account for the unpaid bills for the year 1935 of the following accounts: Health Department, 484.00; Police Dept. , 825 .00. Carried Unanimous 8 :23 P.M. Article 6. Selectman Charles E. Ferguson moves for indefinite post- ponement of this Article. Indefinite postponement carried unanimous 8 :24 P.M. Article 9. Selectman Charles E. Ferguson moves to take up Article 9 offering the following: VOTED that the Selectmen be authorized to install street lights in the following unaccepted streets : Arcola Street Carried Unanimous 8 :24 P.M. Bartlett Avenue Carried Unanimous 8:24 P .M. Pearl Street Carried Unanimous 8 :25 P.M. Ridge Road. Carried Unanimous 8 :25 P.M. Stratham Road Carried Unanimous 8 :26 P .M. Taft Avenue Carried Unanimous 8:26 P .M. 269 Article 10. Selectman Charles E. Ferguson moves to take up Article 10 offering the following : VOTED that the Town accept a bequest of $5,000. from the estate of the late Frederick L. Emery, and. hold the same in trust for the purposes set forth in the will of the said Frederick L. Emery. Unanimous By Rising Vote 8:27 P.M. Article 11. Selectman Charles E. Ferguson moves to take up Article 11. Sydney R. Wrightington, Town Counsel, offers the following: VOTED: That the Town grant to the United States of America an easement to use the portion of the Property at the corner of Massachusetts Avenue and Grant Street which was conveyed to the Town by Caroline A. Harrington by deed dated April 1, 1932, recorded with Middlesex South District Deeds , Book 5637, page 219, for the purposes defined in the deed here- inafter mentioned, subject to the agreement of the grantor contained in the said deed that the grantor is in no event to be liable for any damages for any erection or structure in or on said parcel at the time of any widening or relo- cation of Massachusetts Avenue, and that a majority of the Selectmen be and they hereby are authorized to execute and deliver and the Town Treasurer to countersign a deed to the United States of America granting the said easement in the form submitted to this meeting, and the signatures of the said officers thereto shall be sufficient to identify the said deed referred to in this vote for all purposes . Carried Unanimous 8:30 P.M. Article 12. Selectman Charles E. Ferguson moves to take up Article 12. Neil H. Borden of the Planning Board presents Article 12, stating that same would be voted upon in three parts as follows : Voted: That the Lexington Zoning By-Law and Map be amended, ( 1) By substituting for Section 1 thereof the following:- "Section 1. For the purposes set forth in General Laws , Chapter 40, sections 25 to 30A inclusive (as amended by Statute 1933, Chapter 269 ) and under the authority thereof, and of General Laws , Chapter 143, and any other Sec. laws it thereto enabling, the inspection, materials , con- struction, alteration and repair, height, area, location 1 and use of buildings and structures, and the use of land in the Town of Lexington are hereby regulated as herein provided, and the Town is divided into types of districts as hereinafter defined, and as shown on the Zoning Map prepared by J. Henry Duffy, Town Engineer, and filed with the Town Clerk, March 17, 1924, and all amendments thereto whichMap as amended is hereby made a part of this By-Law. ' Article 12 Voted: That the Lexington Zoning By-Law and Map be amended, (5) . By changing the numbering of the paragraphs under Section 3 (b) as follows :- Sec. Change paragraphs numbered 11 to 30A inclusive to 2' become 1 to 21 inclusive. Change paragraphs numbered 31 and 32 to become 1 and 2 . Article 12 Voted: That the Lexington Zoning-By-Law and Map be Sec. amended as follows: 3 2. By adding to Section 2. Definitions , the follow- ing:- 270 cyl 0-1 ( f) A throughway is any State Highway primarily developed for through traffic, with a general taking of not under 100 feet in width. - 3. By inserting between the second and third paragraphs of Section 3, (a) the following :- "T.1 indicates trunk-highway districts with specially re- stricted uses, located adjacent to a throughway." 4. By changing Section 3. (b) after the heading "R.1 Districts" to read as follows : - "Every part of the Town not shown upon the zoning map as amended and not hereinafter specifically designated as R.2, T.l, C .l and M.1 Districts ." 6. By inserting in Section 4 between the paragraphs relating to R.2 Districts and those relating to C .1 Districts the following: "In T.l Districts :- All uses that are permitted under R.1 and R.2, but subject to any conditions and restrictions set forth therein and the follow- ing subject to the provisions of Section 9. 1. Retail gasoline, oil and greasing stations. 2 . Sale and installation of tires and other automobile access- ories.f° Neil A. Borden reads report. Report of the Planning Board on the following proposed amendment as it appears under Article 12 in the warrant for the Town Meeting to be held December 7, 1936. To amend the Lexington Zoning By-Law and map by adopting any or all of the followin=g amendments : (1) By substituting for Section 1 thereof the following.: "Section 1. For the purposes set forth in General Laws, Chapter 40, Sections 25 to 30A inclusive ( as amended by Statute 1933, Chapter 269) and under the authority thereof, and of General Laws, Chapter 143, and any other laws it thereto enabling, the inspection, materials, construction, alteration and repair, height, area, location, and use of buildings and structures, and the use of land in the Town of Lexington are hereby regulated as herein provided, and the Town is divided into types of districts as hereinafter defined, and as shown on the Zoning Map prepared by J. Henry Duffy, Town Engineer, and filed with the Town Clerk, March 17, 1924, and all amendments thereto, which Map as amended is hereby made a part of this By-Law." (2) By adding to Section 2. Definitions , the following: ( f) A throughway is any State Highway primarily developed for through traffic, with a general taking of not under 100 feet in width. ( 3) By inserting between the second and third paragraphs of Section 3 (a) the following: "T.1 indicates trunk-highway districts with specially restricted uses, located adjacent to a throughway." ( 4) By changing Section 3. (b) after the heading "R-1 Districts" to read as follows : "Every part of the Town not shown upon the zoning map as amended and not hereinafter specifically designated as R-2, T-1, C-1, and M-1 Districts ." ( 5) By changing the numbering of the paragraphs under Sec- tion 3 (b) as follows : Change paragraphs numbered 11 to 30a inclusive to be- come 1 to 21 inclusive. Change paragraphs numbered 31 and 32 to become 1 and 2. 271 (6) By inserting in Section 4 between the paragraphs re- lating to R-2 Districts and those relating to C-1 Districts the following: "In T-1 Districts : All uses that are permitted under R-1 and R-2, but subject to any conditions and restrictions set forth therein and the following subject to the provi- sions of Section 9. 1. Retail gasoline, oil and greasing stations . 2. Sale and installation of tires and other auto- mobile accessories . The first part of Section One of Article 12 was put to a vote and carried unanimously 8 :34 P.M. Neil H. Borden reads final report. A public hearing was held on December 1, 1936,. on the proposed amendments after the notices given in accordance with the Lexington By-Laws, and the Planning Board now submits a final report with recommendations to the Town Meeting. The Planning Board recommends the adoption of all the amendments in this article . Amendment No. 1 was instigated by the Town counsel in order that the Lexington Zoning By-Laws might rest upon the broad- enedscope of power given to towns to enact zoning by-laws , carried in the Statutes of 1933, Chapter 269. There is some indication in certain Supreme Court decisions that the court might question whether a by-law enacted before 1933 and not purporting to be an exercise of the powers given by the Statutes of 1933, Chapter 269, would be interpreted in a subsequent litigated case in the light of the authority given by that statute. Accordingly, it seems de- sirable for the Town, by an expressed amendment subsequent to the enactment of that statute, to mention it as a source of authority. Thus the Town may avoid in some future litigation being annoyed by a claim of defense based on the theory that the Town had failed to claim the statute's authority. There is no change of substance of the Town By-Laws made by the new wording, but a demonstration is given that the Town claims whatever power is given under the new statute. Amendment 5 provides merely for a more orderly numbering of paragraphs under Section 3-(b) of the zoning by-laws . The para- graphs in the several divisions of this section were originally numbered consecutively. As amendments have been adopted for inser- tion in these divisions , it has been necessary to resort to use of letters in conjunction with numerals . A provision for separate numbering of the paragraphs in each division of this section will permit a simpler and clearer arrangement and will in no way change the substance of the by-laws . Amendments 2, 3, 4, and 6 of this article deal with the establishment of a new T.1 or trunk highway zone. Tr;e business uses to he permitted in a T.1 zone, given in amendment 6, are re- strictecdto those of a complete gasoline service station, including ' sale of gasoline, oil, and greasing service, and the sale and in- stallation of tires and other automobile accessories. This new T.1 zone would apply only to areas adjacent to a throughway, which is defined in amendment 2. The establishment of a T.1 zone is devised to give the Town a better control over business development along trunk-highways than is provided under present zoning provisions . The C.1 or com- mercial zone, for which applicants for filling stations on these highways must now apply, will, if granted, permit the use of the property for a wide variety of commercial uses on the area. In other words, anyone granted a C.1 zone, ostensibly for a gasoline filling station, could use such premises at any later time for a hot-dog stand, a dance hall, an amusement park, or other types of business that might be highly detrimental to the adjacent neighbor- hood and dangerous to traffic on a main, high-speed road. 272 0-1 As in a previous report, the Planning Board recommends that business on throughways such as the Cambridge-Concord Turnpike be kept at a minimum and restricted solely to gasoline stations . Its chief reason for recommending that other than this minimum of necessary business be kept off is to provide a maximum of safety for motorists and pedestrians on tb- se high-speed, dense traffic arter- ies. A business zone means friction and confusion of traffic. Fric- tion and confusion of traffic means retarding of traffic movement and accidents . In addition, the Board stresses the importance of protecting the future residential development of the town by prevent- ing an unsightly and unsafe development along these highways . In order thst persons who request sites for gasoline stations may be held subsequently to the type of business for which they make re- quest, the T.l or gasoline zone is devised. The basis for such restriction of use rests in the need not merely of protecting ad- jacent residential property values , but also of saving the lives and health of those using these heavily travelled, high-speed throughways. If at any time the Town should find reason to permit other types of business upon any throughway, the proposed zone will not interfere. Applicants desiring to carry on types of business other than gasoline station service may apply for a C.1 or commercial zone. In such instances, however, the Town Meeting members will know to what future uses the land may be devoted and can decide whether it appears advisable to depart from the recommended policy of granting only gasoline stations on a throughway. In the mean- time, if the Town does wish to restrict business on throughways or any part thereof to gasoline stations , the new zone will provide desired protection. Neil H. Borden Edward W. Kimball D. E. Nickerson Lester F. Ellis Clem H. Ferguson Edward W. Kimball of the Planning Board offered the following motion: Moved : That Section 2 of the motion before the Meeting be changed by substituting the words, "Right of Way less than' for the words , 'staking of not under" so that the Section shall read " ( f) A throughway is any State High- way primarily developed for through traffic, with a general Right of Way not less than 100 feet in width ' . Question by Norman C. Hooper why reference should be made as State Highway. Motion made by Norman C. Hooper that word be stricken out. Norman C . Hooper withdraws his motion. General discussion by the following speakers : Harold B.Lamont, Neil H. Borden, Francis E. Burke, John H. Devine, Sydney R. Wright- ington, Senator Joseph R. Cotton and Francis Chamberlain. The Moderator appoints the following tellers to obtain a two- thirds vote : Robert D. Mayo Eugene G. Kraetzer Richard E. Rowse Question by William R. Greeley if entire question could be considered under one vote. Answered by Moderator - It could. Motion made by John H. Devine that entire question be voted under one vote. Carried Unanimous 9 :18 P.M. Tim The tellers as appointed by the Moderator countedthe results as follows : In Favor Tellers Opposed 36 Mayo 5 49 Kraetzer 16 17 R. Rowse 4 102 25 Declared Carried 9 :20 P.N. Art. 13. Mr. Robert L. Ryder moves to take up Article 13. Mr. Francis E. Burke moves that article 13, 14, and 15 be taken up together as one article. The Moderator rules same should be taken up one at a time. Robert L. Ryder, under Article 13, offers 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 :- "Beginning at a point 200 feet easterly of the junc- tion of the easterly line of Blossom Street with the south- erly line of the new Concord Highway, thence easterly along the southerly line of the Concord Highway 200 feet, and for a depth of 100 feet throughout." Question by William E. Mulliken concerning T.1 description. Neil H. Borden, Planning Board, states proper protection on file. William E. Mulliken moves Article 13 be indefinitely postponed. 9 :32 P .M. Neil H. Borden, Planning Board, presents report as follows : Report of the Planning Board on the following proposed amendment as it appears under Article 13 in the warrant for the Town Meeting to be held December 7, 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 : Beginning at a point 200 feet easterly of the junction at the easterly line of Blossom Street with the southerly line of the new Concord Highway, thence easterly along the southerly line of the Concord Highway 200 feet, and for a depth of 100 feet throughout. A public hearing was held on November 19, 1936, on the proposed amendment after the notices given in accordance with the Lexington By-Laws, and the Planning Board now submits a final report with recommendations to the Town Meeting. In its report at the last Town Meeting, the Planning Board expressed its opinion regarding business zones on the Cambridge- Concord Turnpike, as follows : ( i) That no business be permitted other than the minimum of gasoline service stations necessary to care for passing motorists . (2 ) That the minimum necessary appeared to be a pair of stations just west of the Waltham Street overpass. These recommendations were believed to be in the best in- terests of the Town because they reduced to a minimum the danger to motorists on such a high-speed artery, had the least adverse effect upon established property values , and involved a minimum of interfer- ence with future residential development of the area adjacent to the highway. 274 c The action taken at the September Town Meeting, counter to these recommendations, however, has altered the situation. While it would appear that the one station granted at Watertown Street might be considered adequate to care for the needs of pass- ing motorists, the existence of a single station at that point only on the highway within the town presents some difficulties : ( 1) Motorists coming from the West would find it necessary to cross the highway near the corner at Watertown Street in order to get service, and would thus tend to increase traffic hazards . (2) The station at Watertown Street alone would not serve to relieve residents along the highway in the western and central parts of town who complain of being bothered by motorists in need of gasoline. Accordingly, since the Town has seen fit to establish a gasoline station on the northerly side of the highway near the eastern edge of the town, there is reason for establishment of a station on the southerly side of the highway towards the western border of the town. While the location requested in this petition is not con- sidered ideal in that it is some distance from the western border of town, it does meet the requirement of being on the southerly side of the highway. Thus far the Board has received no indication that a property owner on the southerly side of the highway at a Point west of this location plans to request a business zone. The location is acceptable from the standpoint of safety in en- trance and egress of patrons . It is away from an intersection and permits driveway connections with long and easy curvatures . In addition, it provides a 700-foot unobstructed view to motorists approaching from the west, who would be the patrons of a station on this site. The Planning Board believes that the policy of establish- ing a single business spot in an otherwise residential area is bad policy, that the Town would have followed much sounder zoning if it had established the paired business areas originally rec- ommended. No nearby property owners object to this spot zone, however, and in view of the reasons cited, the Board recommend favorable action on this petition. Neil H. Borden Edward.W W. Kimball Clem H. Ferguson _ Lester F. Ellis D. E. Nickerson Remarks by Frederic L. Fischer, Neil H. Borden, Leigh V. Farn- ham. Sydney R. Wrightington rises for point of order. Moderator rules in favor of Mr. Sydney R. Wrightington. Vote taken on motion of William E. Mulliken for indefinite postponement of Article 13, which was declared lost 9:40 P.M. Vote taken on original motion, count taken by same appointed tellers as follows : In Favor Tellers Opposed 34 Mayo 2 65 Kraetzer 0 19 R. Rowse 0 118 2 Motion Carried 9 :42 P.M. Art. 15. Francie E. Burke moves to take up Article 15, offering the following: 275 Moved that the Lexington Zoning By-law and map be amended by changing from an R-1 District to a C-1 District the parcel of land bounded and described as follows : Beginning at a point at the south westerly intersection of Pleasant Street and the Cambridge. Concord Turnpike and run- ning along said Turnpike in a general westerly direction 320 feet, thence turning and running due,. easterly on a line parallel to the Cambridge Concord Turnpike 130 feet to Pleasant Street thence turning and running in a northeaster- ly direction along Pleasant Street 210 feet to the point of beginning. south 140 feet, thence turning and running Richard S. McCabe asks permission to address the meeting from the platform. No objection. Picture slides shown of the location in question. Neil H. Borden reads report of the Planning Board as follows : Report of the Planning Board on the following proposed amendment as it appears under Article 15 in the warrant for the Town Meeting to be held December 7, 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 landdescribed as follows : Beginning at a point at the south-westerly intersection of Pleasant Street and the Cambridge-Concord Turnpike and running along said turnpike in a general westerly direction 320 feet, thence turning and running due south 140 feet, thence turning and running easterly on a line parallel to the Cambridge-Concord Turnpike 130 feet to Pleasant Street, thence turning and running in a northeasterly direction along Pleasant Street 210 feet to the point of beginning. A Public hearing was held on November 19, 1936, on the proposed amendment after the notices given in accordance with the Lexington By-Laws, and the Planning Board now submits a final report with recommendations to the Town Meeting. The Board recommends that this petition be denied. The petitioner has gone to considerable trouble to provide a safe lay- out for a gasoline station at this site through an arrangement of roadways providing safe entry and egress for patrons . Moreover, the site is on the southerly side of the highway and, as laid out . would provide a safer service for east-bound traffic than would be provided by a sole station on the site already granted at Watertown Street. On the other hand, although the layout suggested by the petitioner appears acceptable, time generally brings change of own- ership or other developments, and the granting of a business zone carries for the Town no guarantee of continuance of any proposed layout. Should the petition be granted, the Town would have a business zone at an intersection with 340 foot frontage on the high- way and 200 feet on Pleasant Street . The Board again expresses itself as opposed to the location of a filling station at an in- tersection and directs attention to the fact that this site would carry in the future threat of a gasoline station at an intersection in a less desirable form than that proposed by the petitioner. Moreover, the Board is of the opinion that if the Town is to grant a gasoline site on the southerly side of the highway, it should be farther to the Vest, in order to relieve residents adjoining the highway in the westerly part of the town from the bother of having to assist motorists in distress . Finally, certain adjoining prop- erty owners have not expressed approval of the granting of a zone for a filling station at this location. Neil H. Borden Clem H. Ferguson Edward W. Kimball Lester F. Ellis D. E. Nickerson 276 Remarks by Leigh V. Farnham, Pierre A. Northrup, William R. Greeley, and Robert L. Ryder. The count on the original motion of Article 15 was taken by the same appointed tellers as follows : In Favor Tellers Opposed 0 Mayo 31 18 Kraetzer 45 6 R. Rowse 14 24 90 Motion Lost 10:17 P. M. Article 14. Under Article 14 Neil H. Borden volunteers to present motion under article for Mrs . Sarah A. Cutler as follows : Voted: That the Lexington Zoning By-Law and Map be amended by changing from an R.1 District to a C .l District the parcel of land described as follows :- On ollows :-On the easterly side of Pleasant Street begin- ning at a point 100 feet northof the Concord Turn- pike and extending northerly along Pleasant Street for a distance of 150 feet, from there running east- erly for about 400 feet to a point on the Concord Turnpike 100 feet east of where Clematis Brook goes under the Concord Turnpike, and bounded on the south by the Concord Turnpike and Clematis Brook. Mrs . Sarah A. Cutler asks permission to address the meeting. No objections . Neil H. Borden of the Planning Board reads the Planning Board report as follows : Report of the Planning Board on the following Proposed amendment as it appears under Article 14 in the warrant for the Town Meeting to be held December 7, 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 des- cribed as follows : On the easterly side of Pleasant Street beginning at a point 100 feet north of the Concord Turnpike and ex- tending northerly along Pleasant Street for a distance of 150 feet, from there running easterly for about 400 feet to a point on the Concord Turnpike 100 feet east of where Clematis Brook goes under the Concord Turnpike, and bounded on the south by the Concord Turn- pike and Clematis Brook. A public hearing was held on November 19, 1936, on the proposed amendment after the notices given in accordance with the Lexington By-Laws , and the Planning Board now submits a final report with recommendations to the Town Meeting. The Planning Board recommends that this petition be denied, for the following reasons : ( 1) There is no need for a filling station at this point, either from the standpoint of needs of residents or of passing motorists. The Town has already granted permission for a business zone and filling station on the same side of the road at a distance of approximately one-half mile from this location. The Board recommends that a minimum of business locations be permitted on the highway, and accordingly feels that no business zone should be allowed unless there is a real need for it. 277 (2 ) The location is deemed undesirable as a site for a gas- oline station from the standpoint of safety to passing motorists . It is at an intersection, and as such it is generally deemed un- desirable from a traffic safety standpoint . Visibility for west- bound traffic is limited because of a high rock embankment on the highway to the east of the area. Neil H. Borden Edward W. Kimball Clem H. Ferguson D. E. Nickerson Lester F. Ellis The count for Article 14 by the same appointed tellers was taken as follows : in Favor Tellers Opposed 0 Mayo 27 4 Kraetzer 38 1 R. Rowse 12 5 77 Motion Lost 10:25 P.M. Moderator Robert H. Holt declared meeting dissolved at 10:26 P.M. A True Record. Attest : • '117 (\-) Town erk