1942-03-23- to 1942-03-23 ATM-min

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34 The Board consists of five members with alternates to fill vacancies tV at hearings and has averaged 26 hearings per year for he past three years . In general its activities rave a direct relation with building activities , and as a result the meetings reach a peak during the Spring and Summer months when enforced absences of members make it difficult to obtain full attendance . To meet this condition it is proposed by this amendment to increase the number of available alternates, and the Planning Board recommends favorable action by this meeting. Wm. Roger_Greeley Lester F. Ellis Edward T. Kimball D. E. Nickerson Edwin B. Worthen, Jr. Fred C. Newhall Main motion as presented Carried Unanimously 10:56 P.M. Article 30. Presented by Lester F. Ellis . VOTED: That the Lexington Zoning By-Law be amended as follows: By adding the following to Section 6 ( a) second paragraph: However on such lots there shall be provided on each side of each dwelling or other permitted main structure a side yard which shall be kept open from the front line of the main structure to the rear line thereof as follows : On lots recorded previous to July 19, 1929 the side yard shall be at least 7.5 feet in width and on lots recorded after July 19, 1929 but before October 6 , 1938 the side yard shall be at least 10 feet in width. REPORT OF THE PLANNING BOARD ON A PROPOSED AMENDMENT TO TEE LEXINGTON ZONING BY-LAW AS IT APPEARS UNDER ARTICLE 30 IN TI-JE TOWN WARRANT FOR THE TOWN MEETING TO BE EELD MARCH 23, 1942. A public hearing was held February 27, 1942 after notices were given in accordance with the Zoning By-law and the Planning Board now submits a final report with recommendations to the Town. Previous to July, 1929 the only reference to a minimum width open side yard between a duelling and the lot boundary was con- tained in the Building Code under a provision that the side walls of any building of the second or third class shall not be less than 7* feet from the line of any adjoining lot. In 1929 the Zoning By-law was revised and among the amendments adopted was a provision for a minimum 75 foot lot frontage with not less than a ten foot side yard. In 1938 an amendment was adopted substituting a minimum 100 foot frontage with not less than a fifteen foot side yard. It has been discovered that the second amendment has abrogated the ten foot provision for recorded lots. The proposed Building Code, however, makes no provision for side yards but refers this whole matter to the Zoning By-Law, although the seven and a half foot re- striction of the Building Code still stands. In order to continue the intent of the By-Law, the. Planning Board offers the amendment covered by Article 30 of this meeting and recommends favorable action thereon.