HomeMy WebLinkAbout1930-11-07-STM-MIN 428 r
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TOWN MEETING
NOVEMBER 7 , 1930
The meeting was called to order by the Moderator , 1
Robert H . Holt at 8 : 07 P . M . 1
On motion of. Mr . Theodore A . Custance article 2
was indefinitely postponed .
Art . 10 . Under this article Mr . Howard S . 0 . Nichols
offered the following motion which was passed unanimously :
" Voted : That the Moderator be authorized to appoint
a School Building Committee of Seven , of which three shall
be the School Committee to secure architects ' plans and
contractors ' bids for an addition to the Adams School
Building , andto report to the Town in the annual meeting
in March 1931 . "
Committee
. Aldinted : Jar' es St art SmiL:itbC Howard S ..
0 .
Pic1ols ' Yiiam Ti . haardowarQ. i ,. xstance . Mrs . Claire
re
� anr Clyde ' . cteoves anrinnie A . Glp .
Art . 'On motion or Mr . Theodore A . Custance , this
article was laid on the table , to give the Appropriation
Committee further time to consider the matter .
Art . 3 . Under this article Mr . Robert P . Trask offered
the following motion :
" Voted : That the Town accept and establish a Building
Line on Mass achu ; et is Avenue from the northerly terminus
of the present street line on the former Town Hall property
now owned by hies `? rs . Rubin and Seligman to the property of
the Boston and Lowell Railroad. Corporation , all as laid
out by the Selectmen and shown on plan on file in the
Town Clerk ' s Office entitled, " Plan showing proposed
building line on Massachusetts Avenue , Lexington, from its
northerly terminus to pro 'erty of the Boston & Lowell
Railroad Corporation , Sept . 4 , 1930 , Scale 1 inch - 20
feet , John T . Cosgrove , Town Engineer , " p 'lovided that any
structure existing at the time of the establishment
of the saidbuilding line shall be permitted to remain
and be maintained in its present location, and for the
purpose of establishing this building line the sum of
$ 10 , 000 be appropriated, and for the purpose of raising
this money the Town Treasurer be and hereby is authorized
to sell under the direction of and with the approval of
the Selectmen bonds or notes of the Town , issued and payable
in accordance with law , so that the whole loan shall be
payable in not more than ten years or at such earlier dates
as the Treasurer and the Selectmen may determine . "
Mr . Trask then presented the building line order
which he explained was adopted by the Board of Selectmen
and the reading; of the order was waived .
He then proceeded to presentthree stemo.) tican
slides in llus trat ion .
After considerable discussion a vote was taken
on Mr . Trask ' s motioft forty- two voting in favor and
seventy - five against . The motion requiring; a two - thirds
vote of the meeting was declared lost by the Moderator .
Art . 4 . motion of Mr . Edwin B . "orthen it was voted
that articles 4 and 5 be taken up together .
Mr. Robert P . Trask then offered the following; motion :
under article 4 .
" Voted : That the Town accept the relocation of
Massachusetts Avenue from the northerly terminus of
the present street line on the former Town Hall property
now owned by Messrs . Rubin and Seligman to the property
of Anstiss S . hunt , et al , as laid out by the Selectmen
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and shown on plan on file in the Town Clerk ' s Office
entitled , " Plan showing proposed relocation of a
portion of Mass . Avenue , Lexinrton , October 17 , 1030 ,
Scale 1 inch - 20 feet , John T . Cosgrove , Town
Lnprineer , " and for theT Massa-
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of relocating assa-
chus et is Avenue the sum of : ').55 , 000 be appropriated ,
and for the purpose of raisi nm *this money the Town
Treasurer be and hereby is authorized to sell , under
the direction of and with the approval of the 'loam? of
Selectmen , bonds or notes of the Town issued and
payable in accordance with law , so that the whole loan
shall be paid in not more than ten years or at such
earlier dates as the Treasurer and the Selectmen may
determine . "
A vote was takenon Mr . Trask ' s motion , sixty -
one voting in the affirmative and fifty - seven in
the negative . The vote req Tiring a two - thirds vote
the Moderator declared the motion lost .
Art . 9 . On motion of Mr . Theodore A . Custance , this
article was taken from the table . On motion of Mr .
Theodore A . Custance the following vote was passed
unanimously :
" Voted : That the Board of Selectmen be authorized
to install approximately 7350 feet of water pipe of
not less than 6 " in diameter in Wood. Street , subject
to the usual guaranty . tnd that the sum of $25 , 000 be
appropriated for the Water Construction Account , and
for the purpose of raising this money the Town Treasurer
be and hereby is authorized to sell , under the direction
of and with the approvalof Selectmen ,the Board of Selectmen bonds
or notes of. the Town issued and payable in accordance
with the law . "
The Appropriation Committee stated that they
approved of the above expenditure .
Art . 7 . On motion of Mr . William P . Herbert this
article was taken up .
Mr . Frederick L . 1:mery , Chairman of the Planning
Board , read the report of the Planning Board on this
request to change the Zonin _3 Law . The report is as
follows :
REPOF.T OF THE PLANNING BOARD .
Petition of Catherine F . Herbert for change in
the Zoning By- law and Zoning Map from an R . 1
Res denti ' ii District to a C . 1 . Business Distr . ct
of the corner plot of land in the apex at the
junction of Massachusetts Avenue and arrett Road .
A hearing was granted by the Planning Board on the
21st of July , 1930 , pursuant to a notice pu dished in the
Lexington Ti -les -Minute-Man in its issue of aTuly 4Wh , 1930 ,
more than fourteen days prior to the date assigned to the
hearing and some sixty notices sent by registered mail to
residents within the area designatediky the Planning
Board as affected by the proposed chnige .
Five citizens appeared in response to the notices ,
two of whom were Mr . and Mr :; . Herbert .
No need was expressed at the hearing for business
at this location except the desire to install a filling
station thereat , and that this was the purpose of the
petiti .. n was admitted by the petitioner .
The Planning Board feels that there is no need for
another filling station in this locality- there already
exist two filling stations at the Five Forks , eight tenths
of a mile south of the point whe : e the change in zoning is
requested , and another filling stats . n eight tenths of a
mile to the north . The junction of Massachusetts Avenue
and Marrett Road is a partscularly dangerous one , with heavy
and fast traffic already moving upon Marrett Road , and with
the prospects of an increasingly heavy traffic on the new
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Massachusetts Avenue road recently completed at that
point . It is thought that t c alleged need of a filling
static,n at this point does not justify the danger that
would arise from its location at this particular point .
The Planning Board reports adversely upon this
petition .
hespectfully subrnitt, ed ,
F . L . Emery
Chairman .
On motion of Mr . Sydney R . Wrightington , it was
vetea to indefinitely postpone this articl_ e .
Art . 4 . Mr . Robert P . Trask moved that Article ^• be
reconsidered . A rising vote was taken, sixty - three
voting in the affirmative and forty- six in the negative ,
the Moderator declared the motion before the meeting for
reconsideration . Cdr . 'Trask then offered the following
motion :
"Voted: That the Town accept the relocation of
Massachusetts Avenue from the northerly terminus of the
• present street line on the former Town Hall property now
owned by Messrs . Rubin and Seligman to the property of
Anstiss S . Hunt , et al , as laid out by the Selectmen and
shown on plan on file in the Town Clerk ' s Office entitled ,
" Plan showing proposed relocation of a portion of 4ass .
Avenue , Lexington, October 17 , 1930 , Scale 1 . inch - 20 feet ,
John T . Cosgrove , Town Engineer , " and for the purpose of
relocating Massachusetts Avenue the sum of * 25 , 000 be
appropriated , and for the purpose of raising ;his money •
the Town Treasurer be and hereby is authorized to sell ,
under the direction ofand with the ap2roval of the Board
of Selectmen bonds or notes of. the Town issued and payable
in accordance with law , so that the whole loan shall be paid
in not more than ten years or at such earlier dates as
the Treasurer and the Selectmen may determine . "
Mr . Arthur E . Hutchinson voted an indefinite
postponemetxtof the article . His motion was declared lo:> t .
Mr . Robert P . Trask then withdrew his lotion.
On motion of Mr . Frederick L . Eaery , the following vote
was passed ; ninety- seven voted in the affirmative and seven
in the negative .
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"Voted : That it is the sense of this meeting that
a Building Line be established fro_:: the terminus of
the present street line of the Rubin and Seltman property
through to leriam Street , and that the Selectmen be
instructed to take necessary steps to that end . "
Art . 8 . On motion of Mr . Frederick L . Emery this article
was taken up . :sir . Emery then read the report of the
Planting Board which is as follows :
REPORT OF THE PLANNING BOARD .
Sid
Petition of Ethel W . Bean for change in the zoning
By -law aid Zoning lap from an R . 1 Residential
District to a C . 1 Business District of a plot of
land at the north of other land owned Oby her at No . 241
Bedford Street , as defined in said article .
Pursuant to this petition a public hearing was granted
by the Planning Board under date of July 21 , 1930 , following
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notice thereof published more than fourteen days earlier
in the Lexington Times -Minute -Man of July 4th , 197)0 , and
registered notices sent to some sixty residents living within
the area designated by the Planning Board as affected by
the proposed change . Fifteen citizens appeared at this
hearing , of which six recorded themselves as in favor of
the change and nine opposed .
The property is at present used for driving practice
for golf .
The Planning Board is opposed to what may be called
" spotty " business developments and business zones . Where
there is a demand for business to such an extent as to
justify a well-develo ; ) ed business zone , a change is perfectly
proper and under norral conditions should be made , but vterre ,
as in this case , no demand was expressed for use of the
property for real business purposes and no deed of business
at that part ' cu1ar point was expressed , the Planning Board
voted to recommel '.d that, the petition be not granted . To
establish business upon this one lot would deprcc _ ate res i_ dential
property values on either side . Thus adjoining properties ,
which would. thereafter be worth less for residential purposes ,
would have no offsetting increased values for business purposes
because there is not yet a deA end for business in that locality .
The Plan: .ing Borird reports adversely upon this petition .
Respectfully submitted ,
F . L . Emery
Chairman .
motion :
Under this Article Mr . Georae t . Bean offered the following
" Voted : That the town amend the Lexington Zoning
By- law and map by changing frim an R-1 district to a
C-1 distr et the plot of land owned by Ethel W . Bean and
located on the easterly side of Bedford Street , northwest
of property of said name at 241 Bedford Street , said plot
extending easterly two hundred ( 200 ) feet ; thence turning
and running in a northerly direction three hundred ( 300 ) feet ;
thence turning and running southwesterly two hundred fifty ( 250)
feet to Bedford Street ; thence turning and running southeasterly
along Bedford Street two hundred forty - seven (247 ) feet to
the point of beginning and comprising one and three eights ( 1 )/8)
acres of land 11( re or 4:ess . "
A rising vote was taken on Mr . Bean ' s motion , fifty-five
voting in the affirmative and twenty- seven in the negative ,
the Moderator declared the motion carried by a two - thirds
vote .
The question of a quorum was present , and the Tellers
counted one hundred and . seven town meeting members present .
D
Art . 6 . On motion of Mr . Frederick L . Emery , article o
was taken up . Under this article Mr . Emery offered the
following report of the Planning Board :
REPORT OF THE PLANNIr1G BOARD .
Article o provides for consideration of change in the
Zoning By - law and zoning map from an R . 1 Residential
District to a C . 1 Business District of all or any of
the remaining corner propertLes at the junction of
Bedford Street , Nrertr! Hancock Street and Valley Road
that still remain as Residentin& 1 District .
This article developed initially from the petition of
Harriette W . Smith , owner of the north -west corner property
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at the junction of Bedford Street and Valley Road ,
approximately opposite North Hancock Street , and opposite
the business block known as Crescent Manor .
Pursuant to the Smith petition and following
fourteen days published notice given in the Lexington
Tines - Minute -'Man, issue of July 4th , 1930 , and to some
sixty notices forwarded by mil to resident citizens within
an area designated by the Planning Board as affected by
the pro osition to make the change petitic' ned for ,
the Planning Board held a hearing under date of July 21 ,
1930 . Five citizens recorded themselves as apuearing at
and for th s hearing .
No i1:a fedi ate demand for further general business in
th L s locality was expressed at the hearing . The Crescent
Manor buiding nearly opposite has contained two vacant
stores for some time past , both of which wou �_.d probably have
been availed of had there been any real demand for business
at that point . It was said that the stores were small ,
but they could undoubtedly be enlarged more cheaply and
satisfactorily than new stores could be built . It was
stated by Ir . Smith that he had had an offer for business
but did not know what kind of business it was to be used for ;
fro'n another source it was learned that the probable
intention was to establish thereon another filling station .
There having been evidenced rio demand for business thereat
of a general nature , is there any demand for a filling station
at that point? There are two filling stations a little
less than a mile to the sou-Eh , on Bedford Street , to be
exact , nine tenths of a mile, and there is another filling
stati : n seven tenths of a mile to the north .
It is felt that there is no real need for another
filling station at the point under consideration . The
estab + ishent of any filling station tends to slow UP
traffic and increase the danger , due to automobiles swinging111
out from the traffic lines to the filling stati .. in and again
swinging to join the traffic lines .
Of the four corner properties at the junction of
Bedford Street , North Hancock Street and Valley Road , one
corner is already occupied for business - the Crescent ;Aanor ,
which existed at the time of the adoption of our first
Zoning By-law . Accordingly , in the original Zoning By - Taw
a business zone was created at that point , extending two
hundred feet northerly along Bedford Street from its
junction with North Hancock Street , and two hundred fifty
feet easterly along the northerly side of. North Hancock
Street . Mr . E . W . Ormond ' s grocery store is located within
this area , on the northerly side of North Hancock Street .
It was then felt that this aggregate frontage of four
hundred fifty feet furnished opportunity for all the
business that would be required in that locality for
many years to come . If this status is to be changed and
if thet' e is need for bringinu in any of the additional
corner properties , the Planning Board , in considering
the subject , felt tint all of the remaining corners should
be brought in . It would be unjust to change the status of any of
the additional corners w thout changing all of them . The
reason for this is obvious - the creation of any addition
to the business zone at the opposite side of Bedford Street
at this point will naturally depreciate values of residential
property adjoining , consequently all should be treated alike
and all have the opportunity to enter the business zone
if any have that opportunity , provided always that there Ls
demand for the change . To throw properties into a business
zone without a demand therefor means that the " e would be
no use of such pro2erties for business , consequently no
increase in values arising from business uses to offset
the depreciated values of those properties for residential
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purposes .
Accordingly , another hearing was granted under
dat €: of October 20th , pursuant to notice published in
the Lexington Times -Minute -Man of October 3rd , and to
some sixty additional notices sent by registered mail
to property owners within the area designated by the
Plan ing Board as prospectively affected by the further
change , this last notice being upon the proposition to
bring all the corner propert es into a business zone .
jill Three citizens _il peared at this hearing and one property
owner who lived in Lowell .
Two of these opposed the proposed chanr; e and two ,
including the non- resident property owner , favc�.red it .
No need of an additional business zone in this locality
to accommodate general business was expressed by those
appearing . Mr . Tholaas Kelly stated that he had had an
opportunity to sell a plot of land on the easterly side of
Bedford Street between his house and the railroad crossing
for business and , when pressed for a statement as to the
nature of the business said it was for a tea room .
There are on the westerly side of Bedford. Street
between the coal yard property and Valley Road several
excellent residences ; on the easterly side there are two .
The values of these as residential ) roper -Les would surely
be depreciated if they we _ . e thrown into an addition to
the business zone because of the likelihood of change of
any one of thea froa a residential use to a business one .
The e being no real demandfor business at that locality ,
we sound exect no change to a bus ' ness status that wouLd
bring added values to the Town to offset the depreciated
residential values .
The Planning Board is opLlosed to any additions to
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the business zones in the town until there Is a real
demand therefor . If any considerable areas are thrown
into business before such a need develops , nothing but a segre-
g .atJad and sporadic development ( thin such business zones may
be expected , and that kind of a development br : ngs no real
values into The town from business and it kills the
neighborhood for residenti : l purposes . In nearly every
instance , however , where these £Jetitions for changes develop ,
it is found that in the background is the desire of some one .
of the oil companies to acquire a site for a filling
station, not so much for its im ;ediate value and profit
as for what is conce ; ved to be of future value as the town
develops . The Planning Board is not in sympathy with this
sort of business . If t lei' e are already filling stations enough
in our town - and we believe that this is substantially the
fact , the Planning Board does not favor opening up additio al
locations for filling stations alone in advance of the time
when, if ever , they will be needed . If the zoning is once
changed to admit any of these propertLes to business , they
can at any time be changed from filling station uses to
general uses . But these is already sufficient business area
at the junction of Bedford Street and North hancock Street
to accommodate all necessary business for many years to coact' , r
and to permit additional areas on the opposite side of
the street or in that locality to be opened to present or
prospective business would be to injure the Town and its
property va '. ues more than it could possibly benefit .
It is ,stated that the presen3e of the coal yard
destroys the value of any property fur resider_ti 'tl uses
in that general locadty . The coal yard has been there for
many years and many of the houses in that locality have
been built since the coal yard was there established , wh ' ch
would seem to disprove this point .
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The boundary of the coal yard is located approximately .4
six hundred feet away from Valley Road and two hundred
feet from the garage of the nearest residential property .
It does not seem to the Plan ' ing Board that the presence
of the coal yard justifies the change petitioned for .
If and when the need develops to enlarge the butiness
zone at the point under consideration, the Planning Board
feels that all the remaining corner properties should
be included in such a change , thereby to create a real
and substant i_ a L business zone ; but until that time arrives
and until the pres ?nt business zone now existing at that
point has been more fully availed of , the Planning Board
feels that it would be to the detriment of the Town to rake
the change petitioned for .
The Planning Board reports unanimously against the
change petitioned for .
Respectfully submitted ,
F . L . Emery
Chainan.
On motion of Mr . Sydney R . Wrighti. ngton, it was
voted to indefinitely post o 'ie th :_ s article .
On motion of Mr . Theodore A . Custance the meeting
adjourned at 10 : 45 P . 1 .
A true record , Attest :
6%.-Lr/ Town Clerk .
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