HomeMy WebLinkAbout1928-12-17-STM-MIN 21. 6. eXt
Cid
ADJOURNED TO"TN MEETING, DECEMBER 17 , 1928 .
The meriting was called to order by Moderator , Robert 4 .
Holt at 8 o ' cloct4 P2M .
The amendments to the nresent Zoning Law were explained
by Mr . Frederick L . Emory , and stereo ~- t -t con views were shown
of existing houses built on 50 foot lots , and how those same
houses would be i►nproved if placed on 75 foot lots .
Art . 5 ; Mr . Frederic1T L . Emery then moved
" That our present Zoning Law be amendedby subst3. ttb,ting
for Section I of the present Zoning Law tine following :
Section I . To promote the health , safety , convenience
and welfare off' its inhabitants , to lessen The rcngers from Fire
nnd co gesti nn and to improve ani beautify the town . under and
to obtain tire benefits of the provisions or General Laws , Chapter
40 and Chanter 143 , t1-c inspect ' on , materials , cons tru n ti on
alteration , repair , height , area . locatirn and use of bu i. l_dine: s
and structures and the use o'' premises in the Town of Lexington
are hereby regulated as her! in providedand the Town is divided
into four tynes of districts hereinnfter defined in Section 3 ,
aragranh ( b ) , andasshown on the Zoning map prepared. by J .
Henry Daffy , Town Engineer , andfiledwith the Town Clerk
March 17 , 1924 , and all amendments thereto , which ma '' is hereby
made a pnrt of Flits by- law . "
tsr .. Thome s j . Heaney . Marrett Road , spoke against amending
the present Zoning Law .
Mr . Eugene T . Bucl, ey , 8 Grant Street , stated th^ t he
thought the picture showing houses on Barrett Roa:r opposite
Prospect Hill ROSA were inaccurately shown , although Mr . Eery
stated that the picture wn s drawn to scale and was correct .
Mr , Isadore Michelson , Par?-er Street , spo're against + � e
Town adopting the proposed airen_dments .
A rising, vote wns ta'-en , 174 being in t:he affirmative and
142 in the nrigr five . A two- thirds vote bei nf; necessary the
motion wns declared lost .
Mr . David J . Maloney , 24 Muzzey Street , a=-' red flint if the
amendments as a whole were ad or. ted , wo-i ld they be the Zoning Law
of the Town , and he was assured' thr t they would be .
Mr . Fredericks L . Emery moved
" That Secti3n 9 of t' e present Zoning Law be amendedby sub -
: ti tuting therefore the following :
Section 9 . Permits by Board o `' Apreals requires as a Condition
Precedent . When in its judgment the public convenience and welfare
will be substantially served , and where s uch exception will not
tend to impair the status of the neighborhood , the Board of Appeals
may in a specific case , upon written petition , a hearing of Which
fourteen days ' public notice shall have been given , and subject
to ap1ro riate conditions and safeguards ,glxards , determine and vary
the application of the regulations he ^o established in harmony
with their general purposes and intent as follows :
( a ) Permit any uses referred to this section under R . 1 , R . 2
and C . 1 districts , and Section 7 .
•
( b ) remit variations from the nrovi. sions of Sections 6 and 7 ,
where topography or other conditions malre it necessary.
( c ) Pe nrnit the alteration of a one - family house or building
whe»ever located to accommodate morn than one family .
M
J
217
( d ) Pe "mit temporary structures and us „ ry tb, ^ + do not conform
to the uses and regul aJ i ons herein prescribed with such
conditions aVans will nrotect - e community . rrovided that no
such ne rm i. t shall be for -ore ttii
an a one-yeas period .
( e ) Permit-, for yearly terms nroduction of articles in wrote
or substartin1, nart Pro•-, materials excavated or grown upon the
premises .
( f ) Permit for yearly terms a roadside stand for the saleo of
only the Products of t}•nn land or t-be owner , Provided that it
observes the front yard regulations and complies with all other
conditions i-mnosed by the Board of Appeal s .
( g ) Permit in any district any use obviously intended , or be -
cause hsrmonious or compitibl e with or accessory to the uses
nr any of them herein menti --ned , or necessary for p� 'blic con -
venience or benefit , but which has not been specifically
mentioned , or wH- ich , otherwise permitted hereunder , may have
developed since the framing of this by- law .
lie building inspector shall grnnt no permit under th i s
section except as directed by the Board or An- eals following
the procedure laiddown herein an ,-1 in conformity wit }. the de -
cision of the Boar,- or Anneals .
"r . 1`4eil 'eclntosh , Aeriam Street statedthat in most
of the sur turtling towns no area is stated in their Zoni-ng Laws .
He then offered the following ns a substitute motion :
" Voted : Tln t: t1 e Board of Selent'-ien arnoint a committee
or ten cit ? zeas
�rho shall be representative of all sections
andconditions of the Town to unite with tl- e Planning Boar'1 n s a
" Committee for thr, Review of the Present Zoning By_ r,aws " to see
if it is necessary to ad. d. to , altor ,
, correct or amend the present
Zoning By- Laws so trent t1~,e Town ns a W1 ole mry be substantially
served and meetings �. 4
such as may he held by said Zoning
Vommittee be open to the public , and that said. Committee re -
ports its recomnends. tions to the next regular town meeting . "
The above motion was passed .
lr'r . l' ei1 McIntosh then moved that his ration be amended to
read as follows :
" Voted : That the Bona" of selectmen appoint a committee
of ten citizens who shall be representative of all sections
and donditions of the Town to unite witl- the Planning Board n
as a " Committee for the Review of the Present Zo •- ing By-Laws
to see . if it is necessary to add to , alter , correct or amend the
present Zoning By-Laws so that the Town as a whole may be
substantially served and such meetings as may be held by said
Zoning Committee be onen to the public , and that said Committee
report its recommendations as son as it conveniently ;pan , "
and the amendment was Passed by the meeting .
Art . 6 . Mr . ±heodorn A. Cus tante then offered the following
moti or• win1 ch w�ls passed. g
" Voted that ti- n stun of 2500 be transferred from General
• Revenue and Surplus Account to H - Phway Constructi -,n , Mass . Ave .
( Oa'" to Middle 3trents . " )
Art . 1 . On motion of mr . Albert h . Burnham it was
4c, i. " Voted : That a Committee of three ( 3 ) , of whom the Moderator
shall be a member , be appointed to act on behalf of the Town it
connection with the lectures provided for under the wills of
Eliza Cary Farnham and Susanna E . Cary , said. Committee to continue
until the Torn shall otherwise vote . - fl
ommittee aprointed :: l'o '. . ert II . Holt , rs . Henry D . Love ,.-, lev . cCi.
Art . 16 . on motion of Mr . Albert Il . Burnham it w ., , voter, to inee ?Mf fe �,
Postpone this article . 1 ,
The meeting dissolved. at 10 o ' clock P . M .
A true record , Attest : K. 7714e
Town Clerk .
= t. .r