1937-Annual Report - Laserfiche WebLink

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REPORT OF TOWN CLERK 109 town Street 98.97 feet ; and northeasterly by said Water- town Street 286.96 feet." And by adding the following to Section 3. after para- graph 10 under "R.2 Districts" and preceding the heading "C.1 Districts" :— T.1 Districts 1. 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 of a depth of 100 feet throughout. 2. At the junction of the Concord Turnpike and Water- town 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. And by changing the Zoning Map in accordance there- with. A public hearing was held on February 19, 1937, on the proposed amendment, after the notices given in accordance with the Lexington Zoning By -Law, and the Planning Board now submits a final report with recommendations to the Town. In its report to the Town covering the treatment of properties adjoining the Concord Turnpike, in its reports on the various petitions for Commercial Zones along this high- way, and in its report recommending the adoption of the Throughway Zone, the Board has repeatedly expressed its opinion that there is no present justification for business along this way, other than that necessary to the movement of automobile traffic. The Board is still of the opinion that there is definite 110 TOWN OF LEXINGTON danger to life and limb in the establishment of any type of business use at the intersections but is also convinced that danger is lessened if the use is confined to a filling station business only. The Throughway (T.1) Zone has been provided and adopted by the Town to accomplish this specific purpose. In presenting the Throughway Zone at the November Town Meeting, the Board announced its intention, should the Town adopt that zone, of proposing a change of the Commercial (C.1) Zones now established on the Concord Turnpike into Throughway (T.1) Zones. Since the Town did adopt this zone, the Board considers that it is carrying out the desires of the Town in initiating this change. The Planning Board has obtained advice from officials, eminent in State and Town zoning and planning law, that no financial liability is incurred by the Town through a change as proposed since the application of zoning is accom- plished under the police power rather than by eminent domain. The Board feels that it is not concerned at any time with any private restrictions placed on property but that it must rather deal with the broader aspects of proper zoning. In these particular cases, the restrictions placed on the properties by the owners do not afford the protection which the Town desires under a Throughway (T.1) Zone. One agreement executed in this case permits the installation of an automobile show room in connection with the filling sta- tion and both permit the owners at any time to convert the properties by giving up the filling stations into any uses permitted in a Commercial (C.1) Zone. The Planning Board recommends favorable action by the Town on the above amendment. NEIL H. BORDEN D. E. NICKERSON EDWARD W. KIMBALL CLEM H. FERGUSON EUGENE G. KRAETZER