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HomeMy WebLinkAbout1933-09-22 PLANNING BOARD MEETING September 22, 1933 A meeting of the Planning Board was held in the Town Office Build- ing on Friday evening, September 22, 1933, the following being present: Messrs. Duffy, Glynn, Milne, Scheibe, and Robinson, also the secretary. O 'CONNELL PETITION Mr. Daniel J. O 'Connell appeared before the Board in support of his petition of May 5, 1933 for another hearing with respect to a change in zone of his triangular plot of land at the junction of Woburn Street and Fletcher Avenue. He stated that no new reasons for the change have developed; but that he still feels that it is wise to allow business development there as the area is unsuited to residential purposes and it is unlikely that it will ever be used for that. If a business zone is established, he intends to construct sidewalks on both the Fletcher ave. and Woburn Street sides of the plot, and provide proper lighting; this making the whole location more attractive, and eventually resulting in a property that will be of greater taxable value to the Town. Mr. Scheibe told Mr. O'Connell that the Planning Board is endeavoring to abide by a State-wide policy to prevent the loaation of filling-stations near schools, churches, and other public buildings, as is the situation here; and Mr. O'Connell replied that he hoped the Board would consider what is best for all concerned, bearing in mind that many prominent citizens have expressed themselves in favor of his project. Mr. Duffy questioned if it is fair to again bring this matter before the Town, inasmuch as conditions are unchanged, and the Town has rejected it so recently. Mr. O'Connell replied that he believes it is his right to present it as often as he wishes; that he intends to present it to the next Town Meeting, and prefers to do it with the approval of the Planning Board. Mr. Duffy expladned that Mr. O 'Connell had requested action on 9/22/33 (2) this May 5 petition previous to the Town Meeting which will be on October 16, and asked if any members of the Board wished to Question Mr. O 'Connell further. There being none , he told Mr. O 'Connell that the Board would take the matter under advisement. Mr. Milne then stated that he can see no immediate advantage to the Town resulting from the proposed change in zone; that the owner had previously pre- sented the matter to the Town, and that he sees no reason for asking the Town to act upon it again within the same year. He thought it at least fair and courteous to wait for a time and see what conditions may develop, that so far as the Town's need for additional business space is concerned, the requested change is not neeesdary. Mr. O 'Wonnell then remarked that it would have been better if he had left the plot in its original condition as "Fletcher's Dump" , so that the Town would have been glad to change the zoning in order to have the lot impvoved. Mr. Duffy told him that the Board would notify him of its decision by letter. WHELAN PETITION Mr. Pierre A. Northrup appeared as attorney representing Mise Mary A. Whelan, with her petition for a change from an R-1 to a 0-1 Zone of the property at 259 Bedford Street. The petition was properly signed, and was accompanied by the required payment of $20.00. Mr. Northrup stated that the "Mary Alice Tea Room" is situated next to the Bean property, which is a business zone, and almost directly opposite the "Smith Bell Farm" which has long been used for business purposes. Miss Whelan has leased the place from Mr. Neil McIntosh with an option to purchase it; and for two years has been granted a permit by the Board of Appeals to operate it as a tea-room. In July of this year she was informed of a decision by the Town Counsel that such a license or permit cannot be granted, because the Property is not in a C-1 Zofie. 9/22/33 (3) The only neighboring property-owner who had fefused to sign her petition was Mr. Smith of the "Bell Farm" , who had said that he can handle all the business in that area. Mr. Duffy informed Mr. Northrup that a date would be set for the Public Hearing, and notice would be sent him. After Mr. Northrup's departure, The Board decided to call the hearing on the Whalen petition for Friday, October 13, 1933, at B:00 P.M. O'CONNELL PETITION With further reference to the O'Connell petition, Mr. Duffy said that there is in fact no restriction as to the number of times a citizen may present a petition to the Town; that if the Board has any thought of holding the land in question for some other purpose, it should declare itself; that so far, the one controlling reason for opposing the change to a 0-1 Zone is because there is sufficient bus- iness area in that neighborhood. Mr. Milne suggested that the plot is suitable for a permanent open space, and that he would recommend that the Town purchase it with that iiview. He maintained that there is not sufficient demand nor necessity for additional business area to warrant any change in zone at that point. It was then unanimously VOTED: That the Clerk send Mr. O'Connell a petition-form, designating the same area as previously, within which signatures must be obtained; and expressing the opinion of the Board that the petition should be not presented to the Town until the March 1934 Town Meeting. It was decided, however, that if the petition is returned in time to insert the proper notices in the newspaper, etc. , the hearing be called for Friday, October 13, 1933, at 8:30 P. M. 9/22/33 (4) CZRTIFICATE OF MAILING FOR LEGAL NOTICES With reference to the mailing of notices to property-owners who are affected by proposed amendments to the Zoning By-law, heretofore done by registered-letter with return-receipt, it was suggested that a CERTIFICATE OF MAILING from the Post-office, costing one cent for each letter, may cover legal requirements, and save considerable cost. The Clerk was instructed to obtain definite information as to this, and a ruling from the Town Counsel as to whether it is legal for this type of notice. SHURCLIFF BILL FOR SERVICES Mr. Duffy read a letter from Mr. Arthur A. Shurcliff asking for payment of a bill for services in connection with plans and advice rendered with the approval of the previous Chairman of the Board. The Clerk was instructed to write Mr. Shurcliff, informing him that it will be necessary to defer payment until next year, when a new appropriation is available. The amount of the bill is $117.85. BRICK VILLAGE EAST LEXINGTON Mr. Duffy reported a request from Mr. Northrup, engineer for Mr. Harry Johnson who is developing the socalled "Brick Villages in East Lexington, to have certain grades of streets changed from what is specified in the accepted plans. He had been told that it is not a matter in which the Planning Board has jurisdiction, but that he should take up the matter with the Town Engineer. Batter-boards for a house have been set, but the building cannot be started until the new grade is established. Mr. Duffy was authorized to take up this matter with the Selectmen. The meeting was adjourned at 10:30 o 'clock. Clerk