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!!F*Z <br />In answer to still another question, it was <br />stated that the railroad would maintain a waiting room <br />in the building. <br />There being no further questions or discussion, <br />the Chairman asked for an expression of opinion of <br />those persons in favor of and those opposed to the pro- <br />posal. Sixty-nine indicated they were in favor of re- <br />zoning the land described; no one indicated opposition <br />to the proposal. <br />Mr. Jaquith acted as chairman for the second part <br />of the hearing which began at 8:12 p.m. He read the <br />PROPOSED <br />second proposal set forth in the notice previously re- <br />BOARD OF <br />ferred to and published in the August 28, 1958 issue of <br />APPEALS <br />the Lexington Minute -man. He then explained that in <br />APPROVAL <br />preparing the proposed regional shopping center amend- <br />OF A 1 <br />ment to the Town's zoning by-law, a question was <br />DISTRICT <br />raised as to how far the Planning Board could go in <br />PLANS <br />approving plans for a center. He said that after this <br />matter was studied further by the counsel for Filene's <br />and the Lexington Town Counsel approval of plans was <br />changed from the Planning Board to Board of Appeals <br />jurisdiction. Mr. Jaquith added that in the case of <br />garden apartment and hotel districts the Planning Board <br />thought it desirable to change approval authority to <br />' <br />the Board of Appeals, the Planning Board still having <br />the power to make recommendations. <br />Mr. 3tenhen T. Russian of 10 Marlboro Road <br />asked if anyone had found it necessary to make a change <br />such as was being proposed. Mr. Jaquith said no. <br />Mr. William Roger Greeley of 1948 Massachusetts <br />Avenue asked how the court decision in regard to the <br />North Andover zoning by-law applied in the proposal to <br />amend Lexington's by-law. Mr. Jaquith replied that the <br />North Andover case involved the power to approve a <br />motel 3.n any area after holding a public hearing on <br />such a proposal whereas Lexington's by-law called for <br />approval of plans for a motel to be located in a specif- <br />ically described garden apartment and hotel district. <br />He explained that the amendment proposed by the Planning <br />Board provided that garden apartments and hotels could <br />not be built without approval of plans, that such plans <br />had to be submitted with an application of approval to <br />the Board of Appeals, that said plans and application <br />had to be referred to the Planning Board for a report <br />thereon, and that they then had to be acted upon by the <br />Board of Appeals after the holding of a public hearing. <br />' <br />There being no further questions or discussion, <br />Mr. Jaquith asked those present to indicate by a show <br />