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HomeMy WebLinkAbout1933-09-29PL"KING BOARD MEETING September 29, 1933 IA meeting of the Lexington Planning Board was held on Friday evening, September 29, 1933, in the Conference Room of the Town Office Building; these membbrs being present: Messrs. Dytffy, Glynn, Milne, also Town Counsel Wrightington and Chairman Trask of the Board of Selectmen. The secretary was also in attendance. OVERNIGHT HOUSES Messrs. Trask and Wrightington were meeting with the Board for the purpose of discussing the status of overnight -houses and tea-rooms. Mr. Duffy cited the case of Mr. Edward Tyler of Maple Street, who acco- modates tourists overnight, maintains an illuminated sign advertising such accomodations, and appears to be carrying on a business that is improper in a Residence District. Mr. Wrightington stated his opinion that such business carried on as a "side -issue" in one's home is legal; but if one had no other occupation and was making an exclusive business i of entertaining tourists, it ought to be prohibited. Mr. Duffy claimed that Mr. Tyler has no other business, and hires a housekeeper. With reference to the advertising sign, Mr. Wrightington said that a court decision has established that advertising -signs and billboards are sub- ject to regulation by the Sate Department of Public Works. Mr. Trask informed the Board that whenever a matter of this sort comes before the Selectmen, the petitioner is required to take out a Victualler's License; and these licenses cannot be issued in a Res- idence District. If no meals are served, this license does not apply. It was Mr. Wrightington's opinion that the only sure method of ddoiding the legality of a matter of this sort, is to bring a case to court, be- cause, to date, there has been no decision upon it. One case would probably be sufficient, as the knowledge that a conviction could be ob- tained would deter others from undertaking or continuing the business. 9/29/33 (2) Mr. Glyn referred to the matter of roadside stands, saying that only a very few are obtaining the required permits to operate; while many others are disregarding these requirements; this being a con- dition that is unfair to those who observe the law. Mr. Trask stated that the B 11ding Inspector customarily investigated such activities; and said further that there are probably thirty businesses, such as plumber -shops and contractors, being carried on in A-1 Districts in violation of the Zoning Law in various parts of the Town, -- usually small businesses carried on in the owner's house or garage or barn.. To this, Mr. Duffy replied that it is unfair to storekeepers who are paying the higher expenses in business districts, to allow competitors who transact business from their homes; and that the Building Inspector.. besides merely issuing permits that come to him, should canvass the Town for the purpose of detecting illegal structures and uses. Mr. Trask i agreed that this would be desirable, but that to do so would require a "full time" official at a correspondingly higher salary. Mr. Duffy then suggested that it might be helpful to insert an amendment in the BY -Law providing for signs advertising tourist accomodations and similar en- terprises; and Mr. Wrightington agreed to consult the State Department of Public Works relative to the matter. OOMMITTEE TO SURVEY ZONING VIOLATIONS It was suggested that a committee be appointed by the Selectmen to investigate all apparent violations of the Zoning Law. Mr. Milne objected that such a move would initiate a flood of petitions for Zone changes, which would be considered sympathetically by the Town Meeting since in most cases the petitioners need to add to their incomes by any means possible, in times like the present; while he favored the appointment of the suggested committee, he felt that the survey should be carried out without publicity. Mr. Trask agreed to recommend the matter to the 9/29/33 (3) Board of Selectmen; and also said that he would meet with the Planning ' Board again on October 6 for a further discussion of the problem. BRICK VILLAGE EAST LEXINGTON Mr. Duffy repeated a report from one Richard O'Connell that Mr. Johnson, developing the socalled "Brick Village" in East Lexington, is failing to follow recommendations of the Planning Board as to grading some of the lots in that area. He asked Mr. Trask what control the Selectmen can exercise over such matters. Mr. Trask replied that the Board will not extend water and sewer into the area until all specifi- cations have been met with; that several times, Johnson's applications have been refused on that account. CHAPTER 269 G.L. REVISING MUNICIPAL ZONING LAWS Mr. Wrightington called the attention of the Board to Chapter 269 of the General Laws, which went into effect on this date (Sept. 29), which revises Chapter 40 by striking out certain sections and substitu- ting new sections; and he gave the members of the Board drafts of his summary of the new law. (MSS attached) He mentioned Section 26, which makes it possible to set a time -limit non -conforming uses of structures; and Section 27, under which no new zoning by-laws, nor changes in exist- ing by-laws, can be made without proper approval by the Planning Board and adoption by the Town Meeting. Further discussion continued; Mr, Wrightington saying that the new law does not affect the Planning Board to any extent, but does change some d6tails with respect to the Board of Appeals. NEW CONCORD HIGHWAY Mr. Duffy questioned whether existing zoning regulations would adequately protect areas bordering on the new Concord Avehus from un- desirable business development; whbther the Town could take any land 9/29/33 (4) along the new highway by eminent domain, thus keeping business away from it; or perhaps lay out streets or ways adjacent to the new road which would cause structures to front on these streets instead of on the road itself. To this, Mr. Wrightington replied that the whole of the new road is in a residence district, and that development along it will thus be controlled by the Zoning By-law. He pointed out that it is the duty of the Planning Board to 66udy the development of the adjacent areas, and probably lay out new streets because it is not likely that property owners will want to build dwellings immediately on the state highway. Mr. Duffy suggested that the highway may depre- ciate the value of lands near it; that one way to safeguard abutting areas is to lay down a definite plan, with perhaps the business areas contr6lled by the Town and business sites leased in the form of con- cessions. Mr. Wrightington, however, stated that if any areas are ' changed from R-1 to 0-1, the Town cannot restrict the sort of businesses that will occupy them; and legislation under which any restrictions can be accomplished, cannot be obtained. Mr. Glynn suggested that the Town might take a five-foot strip along the new road thus control access to it; but Mr. Wrightington advised that the Town has no power to take land except for park purposes or for streets; and that five feet cannot be considered sufficient even for park purposes. He advised the Board to determine where business zones are to be established; then, when an application comes in for a change in zoning, to point out that business zones can be allowed only where designated in this plan. Also, that once a business district has been established, there is nothing to prevent its being occupied by a filling -station. He said that if the Board would decide what method is to be followed, he would then state the law on it. The meeting was adjourned at 10;20 o'clock. Clerk