HomeMy WebLinkAbout1933-10-16-STM-min 49
SP'_ C IAL TOWN y,_72717J J
Held October 16 , 1933, Robert _I Holt Moderator, presiding
O
?,'TsetiP.M.__ was called to order at 8; 10 lhere were 143 Town Leet-
in;-g :.embers presemt.
Jarnes J Carroll, Town Clerk, read the Warrant for the meeting
until further reading. owe waived, unanimous vote.
The Town Clerk read the Constable ' s Return ofthe Warrant.
�.ra
r_U
Selectman hr . -rask moved to take up article One .
Under article One ='Y . dowse , . Chairman of the Aopropriation
Committee offered the following as being approved by the Committee;
Art.2 ,The surn of ti72.00 be transferred from the Encess Deficiency
Account to provide funds for the publishing of Town Plumbing
By-Laws .
Art.3. 41,000. be transferred from the Excess P, Deficiency Account
to provide for part of drainage area survey.
Art. d. Approved no amount of money mentioned.
Art.7 . °4.2,000. be transferred from the Excess abd Deficiency Account
to the Nelfare Department,
Selectman ''r. Trask moved to take up article 3, offering ,he
following ; Voted ; -hat the ,:_Gard of Selectmen be authorized to
:rrance for a complete survey of the drainage areas of the ` 'own at
a coot of �,OCC. , and that 0 , 000. be now transferred from the Lx-
cess andDeficiency Account to provide for a part of said survey.
Carried unanimous _.;24 P.M.
Selectman _'r. -rack moved to take up article 4.
Selectman r. D J O 'Connell read_ and offered the Joiloow g
motion ; Voted: That the Town amend the Lexington Zon=n g Br-Law and
map by changing from an �f to a C-
- 1 District the following described
parcel of land;
u triangular Parcel of land bounded on the northwest by
Fletcher Avenue distant 183.90 feet,on the southwest by Woburn
Street distant 320.22 feet, and on the northeast by the Boston and
Lowell Railroad Corporation right of 7:ray di
believes that no Public need, exists to require the new business area
petitioned for.
The particular parcel of land named in this petition is located
in proximity to the main street and between two other streets and a
railroad right of way in an area where radical changes are ultimately
inevitable, which will involve considerable damages if the land is
occupied by business buildings or uses .It is located between one area
in which the town has a heavy investment in public buildings of excep-
tional dignity and another in which it has a heavy investment in school
plant. To permit the development in this wedge, of a business use is not
only to add to the traffic hazards to which the school children and others - -
are exposed, but is to prejudice the lown' s opportunity for an attract- -
ive and harmonious development along its principal thoroughfare without
burdensome costs . If not used for residence Purposes it should remain
an opPn space until such time as the development is, fixed or a civic use
for it is found.
To the plea that the owner cannot profitably use the ground under
its present zoning,the Planning Hoard and the Town mpy rightfully ans-
wer that the owner acquired the Property in its present zoning. status,
without any commitment implied orotherwise , that the lOwn was prepared
to change its status on his request. Surely, the Town, if it values its
opportunities to protect itself under the Zoning Ey-Law cannot afford
to grant to any ownerof peculiarly located or otherwise unusable tracts
the privilege of business or other special uses, unless such uses are
justified in toe public goad.
Signed; J Henry Duffy.
Sheldon A Robinson.
Wm.Dilne,
C Edward Glynn.
Edward W Kimball.
0ct.16,1933. E F Scheibe .
Selectman Tr.O ' Conhell stated he was ready to make certain
changes,referring to the building of a re-7 street, and Would' sigh
an agreement, drawn up by the Town Counsel, in referrence to changes
to be made at this point.
Selectman Mr. Trask spoke in favor of the change, and read the
agreement,as drawn up by the Town Counsel.
Mr.Francis Chamberlain spoke in opposition to the change -:oove-
ing that the article be indefinitely Postponed.
indefinite postponement: carried unanimously 8;48
Selectman Mr. Trask moves to take up article two, offering the
following; Voted; That the Plumbing By-Laws , substantially as printed
in the Lexington mute- an of August 4, 1933, be and the same hereby
are adopted as Plumbing _By-Laws of the Town,
And further voted, that the sum of 472 .00 be transferred
from the -oxcess and Deficiency Account to provide funds for the print-
ing 7,nd publishing of said By-Laws .
Questions by Mr . Walter Spellman,
Selectman Sr. Trask mentioned the fact this was the third time
said Plambing 2y-Laws had been presented to the Town ;Ieeting Members
and hoped same would be accepted.
On a two-thirds vote , the following result was obtained;
Yes Tellers No
26 Nichols 4
52 Redman 7
30 Miller 0
_ 108 11 Carried 9 P.M.
Selectman Yr . Trask moved to take up article 5.
Under article 5 Mr. Francis Burke , read and offered the
following motion; Voted;That the Lexington Zoning 1P7-Law and map
be amended by changing from an R;=1 District to a C-1 District the
following described parcel of and,namely,'
A certain parcel of land numbered 259 in,the street numbering
of Redford Street,being lots 30and 31 on Plan of aunnyfield,Lexington
_
Massachusetts,as, shown on subdivision plan 9475 B recorded in -t:ie
Land Court, Department of Middlesex Registry of Deeds,a copy of
is filed with Middlesex 10 ch District ReTistry of Deeds, said plan
being a sub-division of 17nd shown on plan 9475 A filed with Certificate
of Title No .27001 in said Registry.
•
Remarks by ?'.Ir. F E Burke, exPressinz himself as to why change should
be granted.
B henry Dufy , Chairman of the Planning Board reads the following
report;
Renort of Planning Board on Petition for a change in the
Zoning 37-Law a d" Mair bar ' s S Mary A `{iii real els and Neil McIntosh
259 Bedford Stree t;,1 Lexington.
Acting or the petition of Miss nary A Whalen Heil McIntosh,
and others , to amend thee Lexington Zoning By-Law and Mar by Cha piing
from an R-1 to a C-1 District h e plot of land at 259 Bedford Street,
described as follows;
Lots numbered 30, 31, 32,33, and 34 on plan of Su"nyfield,
Lexington, Massachusetts , as shown on subdivision plan 9475E recorded
in Land Court Registration Court, a cop;; of which is filed with
Middlesex South Registry _of Deeds, Land - e;vistration Division, said
pan being subdivision plan of land shown on elan 9475A, filed with
certificate of title No ®27001, in said Re� istry. e . a
the Planning Board has , in accordance with the provisions
of the Zoning =y-Law,held a duly: sdver tis ed hearing and after careful
consideration now reports to the Town.
The purpose upon which this petition is based is that of
the operation of an establishment, for the serving of meals to tran-
sients and for t " eir accomod.ation as ovsrnight guests ; which, being
without question a business enterprise, is not allowable, under the
provisions of the Zoning By-Law, in an R-1 or .resident District. The
petition is signed by a large number of residents and property owners
within. an area which was designated by the ~oard, and at the public hear
i ng no persons appeared in opposition.
In the opinion of the Board, this petition, so far as this
intended use is concerned,has no serious objection; the Boad has also
taken into consideration the fact that the property referred to is con-
tiguous to an existing business area,which,however, was established by
the Town contrary to the recommedation of the Planning Loar§',, and is
at present used as a :golf driving range.
The Plan rdng Board, however, feels that the operation of a
business of this particular character does not necessarily warrant the
establishment of a business zone which, when once established, allows
its use for general commercial purposes . Similar businesses are known
to be in operation elsewhere in the Town in non-conformity with the
Zoning Law which, with this as a precedent could reasonably be urged
as sufficient excuse for the establishment of still other C-i Districts
Such action would be directly s�a.bvensive of the intent of
the L' nip. By-law.
It is conceivable in this particular section or e.'_ ewhere
on IHedford Street that at some future time a C-1 Zone May be required.
Previous to such necessity the Manning Board does noir re-
commend the change petitioned for.Pr
o viti - on for the operation of tea-
rooms should be accomplished by other means; and it is the purpose of
the Board to present, at the earliest opportunity,an amendment to the
Zoning ,4,y-law which will permit this and other specific �
nor-conforming
uses, subject to proper safeguards,in otherwise restricted areas of the
Town.
The Planning Board therefore does not approve the ar1endil;ent
to the Zoning By-Law covered bV this petition
Lexington Planning Board
henry puffy
;
Sheldon A Robinson
Wm - Milne
C Edward
Lexington , Mass . Edward T wimball
October 1 , 19 3. _. Scheibe
Remarks by 'r.? A Northrup, speaking in favor of the change
be made.
The vote s presented BT; i i-rt e. BurTke, had the following result,
Yes iel2ers No
9 `-i-i-ohols 19
38 Redman
19
51 69 "eclared lost .9;20 P .M.
ie ectraal r e Trask, moves to take up article six, offering
e following, motion;Ooted; tilat the hoard of Selectmen be authorized
to ins -all water mains , not less than six inches in diameter, in t1-.,e
following, unaccepted streets , subject to the assessment of betterments
and to take by eminent domain the necessary easement therefore;
a__r Oaks Drive from the Present end northerly a distance of
anoron mately 175 feet;
Fair Oaks ^'errace rorn _'a _r Oaks Drive northwesterly a distance
of approximately 475 feet
After explanations by Selectman 'ir. Lrask, the above vote was
carried unanimously 9;22 Pm__
eIectman Tir - "ask, moves to take no article 7, offering the
followir a Voted that the sum of ,512,000.00 be transferred from the
Dees.: and Deficiency Account to the ...'elTare Depa.r'tment.
After ex-olanations by Selectman Trask, the move vote was
carried unanimously 9 :28 P .Y.
oder article 8, Selectman Trask asked for indefinite post-
tonement, same oeinv carried unanimously 9 ;29 Pyr"I.
Selectman hr ® Trask moves meeting adjourn.
- oderator ?:Tr. Holt declares meeting' disTo__ ?e , Unanincrs 9; 309 ."`I.
- G.e lec vna i'i r A Trask ro?res to take ur
the second part of the vote, which -was rot included, in the
original vote , at the time the eri inal vote was 7zoted .aoon, as -
follows
urther voted, that the sum of 'J:722eoO oe.- �._ �nsf r Edfrom
the Excess and Jefici encu eco--,nt to -orovide funds 'for the orintinM
and publishing of said , -Laws. carried i 2 ,
�.�'�"'1vd and.n� ouS 9; 4 P_ _.®
A true record
Attest ;
�' own /-lerk