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HomeMy WebLinkAbout1931-09-28-STM-MIN 503 TOWN MTE:TING . S iTfjl't�BE 28 , 1931 . The meeting was called to order by ;:soderator , i.: r . Holt , at 8 ; 12 P .M . , about 130 Town I:ie et ing Members being present . Town `41erk , James J Carroll , began the reading of the " arrant , upom motion of Selectman Er . Custance , further reading of the warrant was wavied . The Town Clerk then continued , by reading the Constable ' s return of the ' arrant . Art . l . Selectman Yir . Trask moved to take up article 1 . Under this Article "ir . Lawrence G iiit the li , chairman of the Appropriation Committee read the following report , covering the Lrticles in the Town " arrant for the Meeting of bePtember 28 . 1961 , as being approved by the Appropriation ‘' ommitoe - - - approved Under Amount l''rom Account of To Account of Article - - - - - --3 45 . 00 Parks and playgrounds Traveling; Axpenses 4 1200 . 00 Massachusetts Avenue Allen ►street construction construction b 83u . 30 Highway construction A44ccesL & Dox•iciency (Fottler & Taft Avenues and Lcrtwell ad . Acc ' t ) 500 . uu Daniel J O ' Connell Excess & Luficiency ( Building Line A c c ' T ) 6 1983 . 23 ' Overlay -tQQserve Fund wept otrublic .ielfare 7 75 . 00 ' Excess & Deficiency zlections & Registrations 300 . 00 ' excess & Deficiency collector of `luxes 3000 . UUJ Lxcess & Deficiency Public isclfare Dept . 450 . 00 ` Excess & Deficiency =.ngineering Dept . 90u . 0u v . xcesE & Deficiency School playground and Park purposes ( Allen A stone property ) 8 5000 . 00 10 8000. 00 Sewer Assessment r' und installation of hewers 20uu . 0u l Lxcest & Deficiency installation of :: ewers 10000 . 00 To be raised by Bonds Installation of towers Or ZIotes £ aspect fully submitted , Lartiv; ence 0 lAtchell , Uhwan . 8 ; l& P . M. Art . l .Under this Article selectman rite . Trask oa fered the following motion ; "Voted ; That a Committee of three be appointed by the thoderator to furnish the details of a design for a new ' own Seal subject to the approval of the Selectmen , and Then so approved to become the seal of The 1' ov.n . " Trask explained there had been some criticism of the present seal , due to the Suet that the center of the seal does not re - present any Einute -pian in i:articular , ratnur , resembling concord ►Teal . He stata , he felt this wouldbe a Good opportunity to study it and maAL any changus i I ne c u s Bary . =.:r . r' . Amery , stated he felt the :Neal was as g7Jod as ever , speaking a;rainst any change in the design of the present seal , but suggested a clear copy be made of the original design , for the reason , if same not clear at present , in all proability , caused from continuous repro- ductions . she motion under Article 1 , as offered by Selectman Ir . Trask for changing of the .Qesign of she Town Seal , was . unaninously lost , 8 ; 15 P .M . Atf , 1 . . oleciman iir . Trask , moved to take up article 2 , oiferinb the following motion Voted ; That article 111 , Section 5 , of the code of by-Laws of 1922 of the Town of Lexington be amended by striking out in the first sentence the word " six " and inserting in place thereof the word " eight " so that section . 5 will read as follows ; " Section 5. 'Tho annual meeting of the Town shall be called for eight o ' clock in the 504 dr) t morning ann thefeafter the polls snv ll bo opun ctntinuosly for vote- ing until eight o ' clock in tho evening . immeciately upon the announce - ment of the result of the voting the meeting shall stand adjourned until such time and at such place as shall be set forth by the select - men i the Warrant for the meeting . " belectman Mr . 'Trask , explained , in observing the last elects nn , L here did not seem to be ` ny part ieular reason for opening the polls at sixo ' clock in the morning , since the closing time ha., peen changed to eight o ' clock in the evening , it gave cti eryone _plenty of opportunity to vots , also at the last elect ion tne vote cast up until eight o ' clock in the morning w s vory light . of :fir . Haynes , spoke opposing tne vote , and hoped it �,-; ould /prevail . F . Burke , opposed the vote , stating she polls should be open as early as possible , inorder to give those of anyone the opportunity of voting , whenever they could , as he felt in changing the time of opening the polls , it might possibly , deprive someone of the erivelege of voting , which should be avoided . As the ' changing of 'the .tB; -.sws requires tiro- . thirds vote of , the ' ' own Meeting Members present , the following tellers :. ere appoint - ed . Massaro , Glynn . Blake and Locke , with the following result ; Yes No 10 Glynn 19 18 Blake 45 Locke 20 31 84 The motion as presented py lectman :,:r , Trask , underarticle 2 , to change tube opening hour of the polls was lost 84 to 31 , 8 ; 25 Art . 3 .Under article 3. ►selectman . :.: r . Trask , offered the following motion ; " Voted ; `ihat t ..e sum of 465 . 1/4) 0 be a : propriated to pay the necessary expenses of the buperintendent of Parks incurred outside the " ornmonv. oalth in securing information upon matters ifl which the j' own is interested , or which may tend to improve the service in the Pc: rk Department , and that to meet this a�,propriation the sum of w65 . be transferred from the Parks and Playgrounds Account to 1 ravolling Expense Account . In explanat a nn of title above article , Lelectan Mr . 1 rack , stated similar articles had teen placed in previous Warrants , due to recent law passed , which stated that such expenses must have a separate appropriation , also , Mr . (arrity , has worked for the interest of the Town for` long time , and a long while since he has asked to attend anythinf of this nature , and felt to ir:formation tnat would be obtai; ed would be a benefit for the Sown , stating , the ►selectmen yore in lavor of the ai.propriati on . " arrioc unanimously at 8 ; 28 E . . Art . 4 . Commonwealth of ' assachusetts . Middlesex ss . Lexington , lass . July 14 . 31 . Mown of Lexington , ►selectmen ' s Room. At a mooting of the Board of belectmen of the Town of Lexington , after having given due written notice of the intention of said Board , as required by law , to lay out as a town way the way known Allen street , from a street now or Formerly called Allen street , a diEtance of about 600 foot northerly , all as hereinafter more fully appears , and after public nearing thereon held this day , and no object - ions having bLen made , Noy , upon consideration of the matter , it is ORD 2ED ; 'That this Board of selectman is of the opinion that public necessity ane convenience require that said Alien street ee laid out and o : tablished as a public town way , and that the same here- by is laid out and established as a public town way respectively , follows ; - The westerly line of Allen Street begins at a point in the northerly line of a street now or formerly called Allen Street said point being south© as*erly and distant about 337 feet from the easter- ly line of Waltham :.treat , thence bearing to the left with a curve of radius (0 . U0 feet distant 53. 59 feet to a point of tangency , thence N 1 59 ' 30 " distant 209 . 01 feet to a tont of curvature , thence bearing to the right with a curve of 1144 . 53 feet radius 505 distant 122 . 02 feet to a joint of tan ; ency , thence N e071 E distant 73 . 63 feet to a point of curvature , thence bearing to the left with a curve of 532 . 40 feet radius distant 76 . 97 feet to a point el tangency , thence :: 4440 ' ;r distant 75 . 89 feet to a point . The easterly line of Allen etroe begins at a point in the easterly line of a s , reet now or formerly cae fed Allen Street , thence bearing to the richt with a curve of 521 . 49 feet radius distant 261 . 85 to a point of tangency , thence 1° 59 ' 30 " dis- tant 124 . 36 feet to a point of curvature , thence bearing to the right with e curve of 1104 . 53 Beet radius distant 117 . 75 feet to a point of tangency , thence i1 41° 07 ' E distant 76 . 63 feet to a point of curvature , thence bearing to the belt with a curve of 572 . 40 feet radius distant 82 . fl feet to a point of tangency;. thence 1, 4 `' 10 ' e distant 7F . 89 feet to ! a point `i he above described lines are parallel with and dim giant 40 . 00 foot from each other with the exception of the curved inter - sections v: ith the street now or forrmeely called Alen Street . Said "lien Street is hereby laid out and established as shown on a plan , entitled , " Plan of Allen Street at i an: :.lin School Property , Lexington , : : a:_ s . , July 2 , 1931 , Seale 1 in - 40 ft . , John 1' Cosgrove lown engineer , " whiciS plan is on file in tie Town clerk ' s Office itt said Lexington and a copy of which v. ill be recorded with ;.= iedlesex south L , strict .‘le ` ds with a copy of this order . And said Board having considered the c. uestion of damages sustained by -ane owners or lands across and tnrough which said ways have been laid out and established as aforesaid , hereby deter- mines trwt no o & mages are sustained and no damages are awarded , and said Soard hereby declares that all acts herein are done under the provisions of law authorizing tno a : Leesment of betterments . J � ob e rt Trask Clarence Shannon Board Hallie C Blake of John E Gilcreast Selectmen . • Theodore A Custance Under Art . 4 . " Voted ; shat tne loom accept the lay out as a sown way of Allen street from a street now or formerly called Allen street a distance of approyimately bu0 feet northerly , as laid out by the Selectmen , under the Betterment Act , and as shown on plan b John T Cosgrove , Town :engineer , dated July 2 , 1931 , om rile in tne sown Clerk ' s office , and for the purpose of construct ft'' said stir : et tne sum of * 12u0 be Iran . (erred from Excess and Leficiio cy Account ►) elcctman . ur . Trask explained , tnis was to make easy access to the _ Net: Franklin School , as tne approach is by v. ay of what has been called Allen Street , but does not pakE in front or the School . In front of the school is an old private way . and he felt the school should be on a public way , stating tnis s reet in a vary bad condition and should tie made passable before Winter set in . she street is only to be constructed as far as tne school at this lime , and from money that is left over from MasEachusetts Avenue Construction Account , and should be transferred to the .-xceEs and ficiency Andount , and tnen it could lie used for this purpose . Mr . L G blit ch©11 , stated , tete Appropriation Uommittee would cnange t : _ eir report , so it would approve the money to ue tr . . nsferrec from Exceee and Deficiency instead of Maebachubetts Avenue Construction . The entire reading was wavied , and the article as put by bolectman Lr , Trask , was carried unanimously , 8 ; 33 P .M . Art . 5 . Presented ey S © lectman , :r . Trask ; " Voted ; That the sum of *836 . 30 be transferred troy High? ay Construction ( Fottler and Taft Avenues and Bertwell daod Account ) to tease and Lot' ciency Account . " selectman Lir . Trask , explained , this money wL. : left over from construction a . ccounts anti should be transferred to Arces - and Leficiency so it could bo made availablo for use at this time . 1 ne vote carried unanimously at d ; r6b P .M . Also Voted under article b ; Shat the sum of 9500 be transferred from saniel T O ' Connell ( Building Line Account ) to excess and Deficiency Account . Selaatman lar . Trask , explained , this money was appropriated tor ouildin0 line damage , but lat tier an appropriation was made to cov® r tne suis, for damages and hrefors left this amount of money available tor transferr ear -Pied uxxafl lwu ably b ; ae P .m . 50C 7 CL Art . 6 . belectmLn :,:r . Trask , move ; to take up article 5 , offering the following motion ; Voted ; " Thi t tree sum of 41983 . 23 be transferred from Over- lay _. o erve Fund to the Department of Public velfare . :.:xpin\nation by Lelectman ,:r . Trask , as follows , £ ne Over- lay deserve Fund has been in the Treasury since 192L amd 1927 , this fund is left ior Lhe pur_;. ose of covering unset.m expenses , that were liable to happen , and to be used only in ca :: es of emergency , and he felt at this time , account of tne ". epruesion and the needs of tne welfare Department , it was the ,roper time to cj. ., ly same . uLrriud unanimously 8437 P .M . Art . 7 . Undor article 'T , c ele cta t , r . ` ra: x , offered _ the 1 ollowing motion , Voted ; "That .fine following sums be transferred from tne xCeEE and Deficiency Account to the following accounts . " Selectman Lir . Trask asked for tele privelege or taking up L ne various items individually account of the explanations to be offered , which was agreed upon . Eler. tions and 2. egistrationsy 7t . Ou carried unanimously b ; 3bP .M . Collector of Taxes 300 . 00 , account of the number of Tax Titles , and extra \cork necessary , because of people unable to pay their taxes , it , s necus . ary to ask for the amount stated , carried unanimously 8 ; 39 ? . M . :Public Welfare Deapartment w3000 . UU , b ©lectman Mr . .Trask gave a lengthy talk on the needs of he Public relfare Lopartmont , and because of conditions just now , and for tne coy . ing Winter , it w�: s necessary for this department io have more money , Etating statistics , which shoed a considerable increase in the number of persons the Tovm has had to aid , and from the return or quettion- aires which had been sent out , it appeared at least twang, - seven more families , would possioaoly aske . for ta: sis tante , uarricQd unanimously 8 ; 47 P . :;. . Lngineeri. . Department 44 50 . 00 , this amount or vo H was needed to carry out Lo -ane end of tne year , if not u e necessary to discharge two from this department , whiefi was not tavoraoly looked upon , as these men were well qualified in this department , also well acquainted wicn the various parts or the Town , which woulu be a big handicap at -ane beginning of the new year , Alen it would be necessary to hire two men , who , . ould be unf'umiliar with the Town. Carried unanimously 8 ; 50 P . M. School plcyground and park purposes ( Ellen A Stone pro - pert ) 250 . 00 , exp lamed Miss . Stone Was away when the • appropri<. tions were rade for anis property originally , and since her return , :_ he vas advised by experts , the propert at ,. his time vi . s worth from 4350e . to 440u0 . , while tne Selectmen in conference with -illiss . Stone ' s Aittorney finally agreed upon tne amount of X2500 . which was considered as a rea: onabls price , and upon suggest ion of the Selectmen , it was adviMeable to accept at this price , rather than to have a law suit , which might prove to be more costly This part of the motion wts put in two sections , the • second part being ; school playground and park purposes ( for land taken by aminent DowainJ Mien t stone property i 650 . 00 . At this time , the Lioderator Mr . Holt , called Doctor - James J wwalsh to the platform to act as Moderator Pro'- tem. Question byr . Ballard . if the amounts were to oe voted upon seperately , which was answered , as yes . The first part of 4250 . 00 was carried unanimously 8 ; t:8P . M . she 2nd . part of 4b5O . Ou was carried unanimously 8 ; 592 . M . Moderator Er . Holt , returned to the piatform , abaiis re- suming ,charge of the meeting , : tatino his reason for asking to be excuse&was , that he had been eoarsol for Miss . Stone in the above case . Art . 8 . Under this article Selectman Mr . Trask offereu tne follow- inb motion ; voted. ; " shat enc Town rescind flit part or the vote passed at a Tovn Meeting held April 27 . 1931 under Article 18 which reads as follows ; " ana tnat : aid construction work be done in conjunction with erre State and County under Chapter 9U of the mmal Laws , " so that the vote will read as follows ; • " Voted that the sum of 11 '6 , 000 . be appropriated and assess- 507 ed for t Le construction of all or any part or WW' nod Street from " assachuset i s Avenue to the Ledford Line , " Explained by selectman ;. r . Trask , ` t the time the vote was originally passed , regarding ►good Street , it was felt , money could be obtained from both the County and the State , as it stands at present the state is agreeable to give assisstance , but tile eouLty teas not bc; en convinced that ►vood Street is important enough to warrL:nt County money , while the board of Selectmen feel , the condition of this street is such , that a. : much or the street as can be constructed for 45 , 000 . should be taken care of at once . Barri eu unanimously 9 ; 04 p . M . Art . 9 .LTnder this article eulectman Ar . Trask offered the follow- ing ; Voted ; " lhct the t ulectmen be authorized to install water mains , not less than six inches in diameter , in tile following streets ; Allen 4atrcet from the; end of the present main northerly a distance of a. L , roximately 210 feet ; Parker street from Massachusetts Avenue to Clarke Street a distance of approximately 140u feet ; r' orest etreet from Clarke Street to Muzzey Street a dis- tt:.nce of approximately 5u0 Poet ; I►7u:: zey street from s orL st street to Massachusetts A venue a distance of approximately 1000 feet ; At this time selectmen L.r . Trask explained , this would mean the final tie -up of the 12- inch mien , begun this bpring in the sec- tion of Clarke , Mu:. zey and ifortest street walrcom; leted a serious fire menace will be eliminated , as worktae present pipes had been down t or many years , and are in no wa adequate to supply the demand made upon t :-:em. y Carried unanimously 9 ; 10 P . M . and further voted ; That the Selectmen be authorized to in- stall water mains , not less than six inches 14 diameter , in the following st r et s , sue j e ct to the usual guarantee ; l' rancisstreet from Woodland asQ4 a distance of approximate - ly 400 feet ; Carried unanimously y ; 11P . M : Richard Road from -Lower street a distance of approximately 585 meet westerly ; Carried unanimously 9 ; 12 P . M. Tower Street from the end of the present main in Plainfield Street to Massachusetts Avenue a distance of approximately 900 feet L'arr ici d unanimously 9 ; 14 P .M . ' Lowelletreet from the end of the present main to forth Street a d1. ta,nce of approximately 2250 feet Mr . A H Lurnham , stated on account of of ,ly two houses in tnis section at this time , with not a grULt aeal of encouragement, of more houses to be uuilt in the near future , he did' °eel or think this work should be done , at this time . fl On a voice vote , t .: e L3well Street project was declared lost by the Moderator , while Ear Chas . Nyder questioned the decision . The Moderator then called for the necessary seven people to rise who question tao decision of the vote , as only taree persons arose , the original decision of the Moderator , declaring the vote as being lost was in order ; 9 ; 15 P .N . Art . 10 . tTndur article 10 , selt� ctm� n L_r . Trask offered the following motion ; 4 oted ; " That the Selectmen be authorized to install a sew- - Oakland ►itroet fro:~: the resont end near the ; eriam ic, ctory to chandler Street a distance of approximately 1100 feet ; .:Each section was vote () upon ceperatoly , this part carried unanimously at ) ; lo P . M. Voted ; : hat theeelcctmen be a uthoriLed to install a sewer in Lisbeth Street from i. i. ssachusett s to Hillside Avenue a distance of approximately 30u feet , carried u animously 9 ; 17 P .M . Voted ; ihat the Selectmen be authorized to install a sew- er i : . -iichard Road from Tower h- treet a distance of ay;pro7imately C-. 5 % 5 feet , and tae ielectmen be authorized to install a sewer 'sower gl r in er Ltrvet from the end of the present main irk Plainfield etreet to ?iassachu: etts Avenue a distance ol aL, proximately yJu foot . or a total of 1486 feet , ca : ried unaninously , i ; 18 r . M . Voted ; ehat tree t electmen be ` teLhorized to install a sew- er in summit Road to Pinewood Street a di tance of approximaLely 750 feet . ,uestion by ?Jr . Chambn3a±n , stating he nor Mr . Murphy were interested in the sewers being installed uLto or by tneir residence , stating would like to know the number feet required to install in eummit -toad , _ also the cost . Answered by '- ele ctmen !Lr . Trask, approximately 45U feet , which would cost aboute3150 . 0U . 508 ;vhwreby ir . ThLmbrrlain o . fered an amendmunt to t , Le original motion , IR which read as follows , that the sewer contemplated for Summit -load , be nt laid only through Summit woad , a distance of api. roximtely 450 foot . ,t this time Selectman Mr . trask , stated he would substitute Er . Chamberlain ' s figures in his original vote , if by so doing Er . ;hamberlain would withdraw his amendment . Er . Che mbc rlain as rLod to ri thdrftw his amendment . 9X3W . therefore the motion w,T s put , which read as follows ; \doted ; i hat the selectmen be authorized to install a sower bur nit -,nr. d , a dis - tance of tpproximately 4b0 feet ; 7 * . As there WL: s some doubt of tic result of the oto a rising vote was taken with the : allowing results ; Yes ado L3 Glynn 0 32 Blake 0 §4 Locke 0 119 0 It being declared L_ unanimous vote , carried at 9 ; 24 ? . M. Voted ; shat the Selo ctmen be authorized to install a sewer in Hunt =toad i' : on i.iaEsachu:: © t L s Avenue u distance of approximately 450 beet , carried unanimously at 9 ; '‹ ; r 'M • further voted , that : or t 1lo purpose of constructing and install - ins sewers in said strr:: ets , the sum of ket8 , UuU be transferred from the Sewer AsseEsment i"und to the Sewer c' onstruction Account and the sum of 42 , Ouu be transferred from the ExCees and Deficiency Account and that the Treasurer vitas tne a pproval of the Selectmen be and hereby is authorized to sell bonds or notes of the `fov,n in tne sum of 'r10 , OuU . i sued and payable in accordance v itn law. ‘da.rri e d unLnimously 9 ; 28 P .M . Art . 11 . Voted that tele selectmen be authorized to install street lights in the following unaccepted streets ; taker , Tucker , Uhase and natson Avenues , Hunt and Ltob b ins Roads , 0f fered oy b eluctma.n $ir . Trask. selectman Mr . Trask stated tnere was nough money in Inc) present appropriation to instar tine lights and co er the expense for the rest Of year . L;a _• riea unanimously , 9 ; 29 P .M. Art . 12 . Offered By belecLman :dr . Trask , in tiiroi separate parts , which were voted upon seperately , Voted teat tele 'Town accept a deed of 18b square foot of land at tne junction or Abbott toad and Mariam btnet conveyed to the l' own by Arthur a ithitney . carried unanimously 9 ; 3Uk . M. Second part , Voted tnat tne Town accept a deed or 259u square Meet or land at the junction of r ranklin ltoad and Mortara street con- veyed . to the In by Hallie U . and Lulu M. B1ake .Unanimous 9 ; 31& .M . Third part ,Voted that .Lh7e 'Town accept a deed of 42Uu scuare feet of land on MaL sachusetta Avenue conveyed to the 'iown by the dison :electric Illuminating Co . Carrier: unanimo . . sly 9 ; 32 P .M . Art . 13 . l: electman Kr . Trask moved to take up article Li) . Under this article Mr . Clayton Morse offerer. the following motion ; Voted ; what tne `s' own amend the Lexington Zoning By-Law and map by changing from an R -1 to a C - 1 district tne iollowing described pal reel of land ; " A Triangular parcel of land bounded on t to north- west by Fletcher Avenue distant 183 . 9u feet , on the southwest by W oburn Street distant b2U . �; 2 zest , and on the northeast by the Lost on and Lowell Railroad Corp . right of way distant 'l7 . 40 feet , containing about 27 , 994 square feet . " i. r . seredorick L 4mery , uhai .rma n of tne planning Board , stated under the provisions of the honing Lave , the Planning Board is re- quired to present its recommendations and ho presented the follo - ing report ; ieport 01 the Planning Board under Article 13 of tne Yrarrunt o f September l5th , 1931 , upon tne petitio . of Laniel J 0 ' Connell to change twee triangular parcel 0 .1 land bounded by Letcher Avenue , isoburn :dtreet and tale Boston w Lowell Railroad from an 21 Listrict t o a 0l District . Pursuant to tne proviE Mone of the oning By- Laws a hearing was held by tne Planning Board on July 9 , 1961 , a.t8 ; 1v P . M . , at which t he petitioner aH:peared with fdurteen other citizens and one out - of- town owner Of property within the infected area previously designated be, the Planning Board . Of those present , tne petitioner :::r . O ' Connell and eignt others spoke in favor of the change . Two spoke in opposition . Pr . O ' Connell did not state definitely the kind of business that he desired to set up on the property in a uestion is the change in zoning petitioned for was granted , but that he contemplated eiLner stores , an automobile showroom and salesroom , or a tilling station . 509 The property itself lies om Lno uorder line bet-, een the principal us b : ne : e ,, b section of the town and an important residential section , There would seem to be no occasion for enlarging tne business section or district until all property within tne present bounds shall have ueun so nearly utilized as to cause congestion or undue a1: j: reciation of values . shat status has not yot been reached and apparently will not be reached for come years to core . Until tnat time is reached no reason is seen for enlarging the present business district . in tne present busine :. : or 01 district on uat sachusetts Avenue extend- ing i'ro ,l _.uriam street to ► oburn atreet there is still a total of 1 :: 10 ft . frontage of property no - et availed of for business uses . in acting upon pensions nor changes la zoning , the requirements of tne toan as a whole should be considered rather tnan indiviaual preferences or interests , otnorwise , the town would c+uic .cly lose its orderly development and would be covered aitn isolated ousiness areas in the midst o1 residential areas , and isolated values on the one hand would be unduly a1. precl 4ted , and on the outer hand adjoining values would ue depreciated . It was to avoid just such spotty devel - pment that zoning was adopted , and the whole benefit of zoning would be lost if individual petitions for cnange , such as tile present are granted . changes should be made when public need retwires . fl business district should be enl : rged nor should a now business district be created unleLs and. u til public convenience reasonably requires the change . with the large frontage o _ property , the p ; osent business dis - trict on L:assachuset is Avenue oetween : eriam street and + oburn Street now availc: bie for busix1est. out not yet utilized for busi- ness , it is felt that tnore is no present need for ;: mending our zoning lc_ to provide additi anal business afea , and while it may be true tnat at some future time the property covered by the present potition , togethor with other properties in different parts of the tovm , may in the natural and orderly growth of the town be recuired to accommodate the .. emends of oust - mss , that time is probably many years ahead , and until then its status shou'1 of be changed . the : lanning Board , after fins consideration of the petition and the arguments in favor of it Lnd in opposition to it , unanimous- ly , recommends that the change be not made . Uigne d ; . reder ick Emery , ahmn . C Edward flynn , J Hoary Duffy , m D Milne , Olarence H Cutler , . dgar i S chieb e bei. tembor 28 , 1931 . ►:e le c t man Mr . Hallie C 1 &ke opposing the change , stated at the present time there was an over - supply of stores in the Town , also the property in question had never been in the business dis- trict , and that the purchsor was aware of that fact , at the time ho bought the land , also if the oceaision arose , when tno change was necc © ssary , it could readily be taken care of. 1 _r . J O ' Connell , owner of the property in question , statedrhee was very much interested in that vicinity in as much as he l teen brought up in that Vicinity,- and to his mind , this particular section was not suitable for residential purposes , ex- plaining of the improvements he had made oh this property , since taking it over , which in the past had been a swamp . Mr . O ' Connell , stated , at the time the Zoning Las wore passed , he understood , same could be changed if proper reason arose for such , aftcr obtainin .; the signatures of fifty per- cent of the owners in such area , and presenting same to the planning board , for a hearing . He stated , he had the approval of ninety-nine per- cent of the property owners , in that section , because of the improvements he would make on the property . Pr . ifr © derick Emery , denied the part of Er . O ' Connell statement regarding tne changing of the Zoning Laws , stating this was an in- dividga,l proposition and aot a buLiness necessity , and tact if every- one who had such an idea and such change : were made without regard to the looks of the Town , it v;ould become a hodge -podge of a place . B Worthen , stated , he thought it would be a good starting place , for directing new business propositions down Woburn Street as more would not be any reason why they should he extended down towards the high- school . 510 On a Mi . 2 ruderick ., ery , ;. L t:too , once this property was placed in the business district , the owner could use it for whatever 1-. 11.2- •C"") iness n1-s- roes: he telt like putting in , also , ho did not fuel as though the . busine . L section of the Torn would over extend down Woburn :street , also , that business conditions did not warrant extending the bus- iness suction at this time Er . F E Lurke , spoke in favor 01 the change , stating of the number of property owners , in t at particular section , vho t ure in favor of tue proposition , which ho telt , should be given considera4 tion in tae case , also alter improvements were completed , it would bring a large tax from that particular piece of property . Mr . S G Preston , stated , he dia not tool as though public convenience and note : sity warranted the cnange at tnis time , also , feeling t ne . lannirg Board worked tor the best interests of t : . e Town , bettor not make the change antA. necessary . * Mir . ; Greeley , asked. .:r . 0 ' Correll , to enligaten the people as to what sort of business , he might establish t ece , 11 tnis pro - pert:: was placed in the vastness district . O ' Connell , replied , stating he had various propositions in mind , one being a tilling station , or a gan: go ane snow room , or stores , or he might sell it Lo tne 1 oWn as a location for a fire station . ) Gre; eley , stated it tould cost considerable more to the Town , if lacy were to buy it , while be if : g in tue business, district . then if in a rusidential district . Mr . William "; r ;. hall , spoke in favor of the change , because of the f, ct , of the abutting property owners being in favor of the change . Er . O ' Connell : : gain spo1Le , stating , he hoped , ti: e numbers would vote in *savor of the cnange , assuring them , whatever he did , would be a beautifying improvemcnL to the 'Town , also stating , at no time , would a coal yard exec be placed at tnis particular spot . As two -thirds vote wits required, Lessers , Glynn , Blake and Locke wore appointed as tellers , with the tolLowing results ; Yes No . 8 Glynn 16 21 Blake '68 11 Locke 40 66 eihe vote being declared lost bb to 4U , at10 ; 09 P . L . Selectman Mr . . rask , moved the meeting be adjourned . Unanimous at 1U ; 10 P .M • �Jt:x.al / Ceev eecti/ (•