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9-15-58 <br />proposal contained provisions for the approval of site <br />plans by the Board of Appeals. Although it seemed to every- <br />one concerned with the preparation of that proposal that the <br />approval of site plans was more properly a function of the <br />Planning Board than the Board of Appeals, a question was <br />raised as to whether under the State Enabling Act, a Plan- <br />ning Board could be given this approving authority. The <br />doubt was resolved under that zoning proposal by placing <br />the approving authority in the Board of Appeals. <br />Although no question has been raised as to the <br />legality of the present zoning by-law giving the Planning <br />Board the authority to approve plans and designs for gar- <br />den apartments and hotels, the Planning Board believes <br />that the approving authority in the present by-law should <br />be transferred from the Planning Board to the Board of <br />Appeals. The Planning Board also believes that this <br />change should be made at the September 151 1956 Special <br />Town Meeting in view of the proposal under Article 9 of <br />the Warrant to establish a new garden apartment and hotel <br />district. Under the proposed amendment, the Planning <br />Board is required to make recommendations to the Board of <br />Appeals on any application for approval of plans for a <br />garden apartment or hotel. This provision for Planning <br />Board recommendations is similar to provisions contained <br />in the Filene's proposal. <br />The Planning Board unanimously recommends adoption ' <br />of the amendment proposed under Article 8. <br />Lexington Planning Board <br />Charles T. Abbott <br />Levi G. Burnell, Jr. <br />Thomas S.Grindle, Chairman <br />Wilbur M. Jaquith <br />Richard H. Soule <br />September 12, 1958 <br />Report of the Planning Board on the Amentment to <br />the Zoning By-law Proposed by Article 9. <br />On September ll, 1958 at 7:45 p.m. the Planning <br />Board held a public hearing on the rroposal to amend the <br />Lexington Zoning By-law set forth in Article 9 of the <br />'Warrant for the Special Town Meeting on September 15, 1958. <br />The Hearing was held upon request by a petition signed by <br />not leas than 100 registered voters of Lexington. About <br />105 persons attended the hearing; due notice of uiich was <br />given according to law. At the close of the hearing an <br />expression of opinion by those present showed 60 persons <br />In favor of and 15 persons opposed to the amendment as , <br />presented. <br />