HomeMy WebLinkAbout1933-09-22PLANNING 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 location of filling -stations near schools,
churches, and othet public buildings, as is the situation here; and Mr.
OtConnell 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 appoeval of the Planning
Board. Mr. Duffy expladned that Mr. O'Connell had requested action on
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this May 5 petition previous to the Town Meeting which will be on
October lb, 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 It 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 ddvelop; that so far as the Town's need for additional business
space is concerned, the requested change is not neededary. Mr.
019onnell then rematked 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 impooved. 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 Miss 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 $20.00. Mr.
Northrup stated that the "Mary Alice Tea Room" is situated neat to the
Bean property, which is a business zone, and almost direotly opposite
the "Smith Bell Farm" which has long been used for business purposes.
Miss Whelan has leased the place from Mr. Neil McIntosh with an option
to purchase it; and for two years has been granted a permit by the
Board of Appeals to operate it as a tea-room. In July of this year
she was informed of a decision by the Town Counsel that such a license
or permit cannot be granted, because the property is not in a 0-1 Zoite.
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The only neighboring property -owner who had f'efMsed to sign her
petition was Mr. Smith of the"Bell Farm$, 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.
OICONSELL 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 beca$se 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 i*iew. 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
'DOTED: 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 Maroh 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 5:30 P. M.
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CERTIFICATE 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. Shuroliff 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 neat year, when a new
appropriation is available. The amount of the bill is $117.95.
BRICK VILLAGE
EAST LEXINGTON
Mr. Duffy reported a request from Mr. Northrup, engineer for Mr.
Harry Johnson who is developing the socalled "Brick Village" 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