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HomeMy WebLinkAbout1935-07-19PLA dL7jfiING 30,_ HEARI"G July 19, 1935 A hearing was held in the Selectmen's Room of the Town Office Building, Lexington, July 19, 1935 on the following proposed amendment to the Zoning By -Law: - That the Lexington Zoning By -Law be amended by adding to section 4, R.1 Districts, Paragraph 6, the following paragraph: - e. Excavation and removal from the premises of any sod, loam, sand, gravel, clay or quarried or crushed stone, except when incidental to and in connection with the construction of a building for which a permit has been issued in accordance with the Build- ing By -Laws, and except when incidental to and in connection with the normal and lawful development of the property concerned. P:essrs. Duffy, Kimball, Greeley, Robinson and Ellis were present. The hearing was declared open at 7:40 P. M. and Mr. Kimball moved that as there being no one appearing in favor ' or in opposition, the hearing be declared closed. This motion was seconded and unanimously voted. ir. Robert L. Ryder appeared after the hearing had been declared closed and stated that he wanted to be recorded as opposed. A report recommending the adoption of the amendment, written by Mr. Robinson, was read and after extensive dis- cussion and corrections, was approved. Respectfully submitted, (s) Roland B. Greeley C lerk 1 PLAPii ING BOARD MEETING July 19,1935 ' A meetingof the Plannin, Board was held in the Select- -men's Room of the Town Office Building, Friday, July 19, 19350 after two hearings on zoning amendments. Messrs. Duffy, Greeley, Robinson, Kimball and 'Ellis were present. F+ir. Trask appeared before the Board and stated that he could not see why the notice regarding the amendment to the Zoning By -Law relative to the stripping of loam, included the word "sod" and felt that it did not harm land to grow sod as when it is removed, more can be grown. It was moved, seconded and unanimously voted that, in connection with Article 25 of the Town Tarrant for July 22nd, the Planning Board votes to recommend that the Town take favorable action provided that the word "sod" is deleted from the proposed amendment. It was further voted that the Board present the necessary amendatory vote to accomplish this. ';Then asked about the circumferential highway, Vir. Trask stated that the Town Engineer had laid out what he thought to be the proper lines for it to go through Lexington and is wait- ing for the Tvetropolitan Engineer. Pr r. Luffy felt that the Planning Board should see the layout drawn up by the Town Engineer and it was decided that the Town Engineer and Ivir. Trask would meet with the Planning Board Tuesday, July 23rd to go over the matter. „lr. Greeley moved that the Planning Board recommend that the proposed amendment under Article 27 of the Town ':+arrant for July 22nd be not adopted. The motion was seconded and unanimously voted. Mr. Greeley also moved that the Board present the reports drawn up at this meeting on the two articles 25 and 27. This was also seconded and unanimously voted. The meeting was adjourned at 10:45 P. -Y* Respectfully submitted, (s) Roland B. Greeley, Clerk 1 Top Soil Circum- ferenti Highway PLANNING BOARD HEARING Henry S. Moody July 19, 1935 The Planning Board. held a public hearing in the Selectmen's Room of the Town Office Building, Lexington, Friday, July 19, 1935, on the petition of Henry S. Moody. iLessrs. Buffy, Robinson, Ellis, Greeley and Kimball were present. The petition was to amend the Zoning By -Latin and I;iap by changing from an R.1 District to a 0.1 District the area bounded and described as follows: - "Property located at Ivo. 130 Pleasant Street, East Lexington, Mass., having a frontage of about one hundred fifty (150) feet on Pleasant Street and running back a distance of about two hundred (200) feet as shown on the plan accompanying the petition." +r. Duffy declared. the hearing open at 8:00 P. 1A. by reading the petition, notice published in Town paper and sent to land owners affected by the petition, and certification of Assessors Department. Mr. Moody explained that he had bought the Kimball property and three adjoining properties six or seven years ago and laid out the kinute Ivan Golf Course. Realizing that he had quite a lot of money invested, he would like to tear down the buildings on the h;,oran property, preserve the old house and make it into a tea room and eating house similar to the Toll house, in order to help pay the expenses of the golf course and taxes. Mr. Nilliam Potter spoke in favor of the petition and said that he appreciated what 1,,<r. Moody had already done in the vicinity and favored the plan of the proposed tea room. Mr. Curlys Slocum stated that he also favored the improvements I+r. Moody has made in the vicinity, thought it very desirable that a man in Mr. i400dy's standing should own and improve the property, and would like to see the change granted. Mr. Kimball asked liir. Slocum what his opinion would be if the proposed tea room should fail and a gasoline station was installed and i>>r. Slocum replied that he did not think there was need for any more filling stations as there is one at the corner of k6faltham Street but felt that with the new road there might have to be more. He had no objection to the tea room and would not object if Mr. Boody wanted to sell beers and wines and have dancing. lx. Neil Borden reported that he had no objection to a tea room but asked what protection there would be against other businesses if the tea room failed. He also asked if it were possible to revert the property back to a residential zone if the tea room did not make good. He was informed by I.ir. Duffy that once the zoning of an area is changed from residential to business, it automatically gives. the owner the right for any business use. If the Town votes favorably, it will not be voting for a tea room but any kind of business. The Hutchinson Brothers stated that they wished to recorded as in favor of the petition. kr. Potter felt that if the tea room did fail, he could not see any objection to a gasoline station at this location as there are no residences adjoining and it would not affect any property. kr. Moody advised that what he wanted was a tea room and eat- ing house like the Toll House and would be willing to sign an agree- ment limiting it to that as he does not intend to do any other business but that. low Planning Board Hearing -2- July 19;135 kr. Duffy informed Irir. l'+oody that the Town had no right to restrict the business to be carried on in a district once the zoning is changed from residential. Mr. Slocum asked if Mr. Itiioody could not obtain a permit for a tea room from the Board of Appeals and was informed that it was not possible. IdIr. Robert L. Ryder declared that he had come to attend another hearing but was very much interested in the prospects of the Moody petition and felt that I'+r. Moody was entitled to this change in zoning after all he had already done for the Town. He also stated that he did not think the petitioner should be bound by an agreement to limit the business to a tea room as he is the owner of the adjoining property and would not start anything but what would be for the best interest of the Town. He agreed with Tvir. Potter in saying that any business that is established there would be a benefit, favored the proposed change very much and hoped the Planning Board would consider it favorably - 1r. Borden stated that he did not want to speak in opposition and would approve having a tea house there but would object to an undesirable road house or gasoline station and thought that the offer of the petitioner to restrict himself to a tea house should be con- sidered seriously by the board, Itilr. I'-ioody declared that he did not 'see why a tea house should be an annoyance to anyone as he was going to have a parking space at the rear of the building so the cars could not be seen from the street. He also stated that he was petitioning the change for the purpose of having a tea room and the property would only be used for that. Mr. Daffy asked if the petitioner intended to have an entrance from the new road and i:r. Moody replied that the access is to be on Pleasant Street. Wir. Burrows, owner of ten acres of land on Pleasant Street between the VanNess property and that of Mr. Uloody, stated that he would not object to a tea room but felt that if the area is changed to business, it might be an entering wedge for a Dutchland. Farm stand or a filling station. He further stated that if he ever decided to develop his ten acres of land, he would not want undesirable filling stations in the vicinity, but felt that if Iar. Moran and the other neighbors approved, he did not think it would be wrong, To this statement, iiir. Isioody declared that he would be the last one to create a nuisance as he owns most of the property in that vicinity. As there were no others who wished to speak in favor or opposi- tion to the petition, Nr. Duffy declared the hearing closed. 17 people present. Respectfully submitted, Clerk / PLAUNING BOA<h DARING Henry S. Moody ' July 19, 1935 The Planning Board held a public hearing in the Select- men's noon of the Town Office Building, Lexington, Friday, July 19, 1935, on the petition of Henry S. Moody, Messrs. Duffy, Robinson, Ellis, Greeley and Kimball were present. The Petition was to amend the Zoning By -Law and kap by changing from an R.l District to a C.1 District the area bounded and described as follows: - "Property located at No. 130 Pleasant Street, East Lexington, Ivlass., having a frontage of about one hun- dred fifty (150) feet on Pleasant Street and running back a distance of about two hundred (200) feet as shown on the -clan accompanying the petition." I�r. huffy, declared the hearing open at 8:00 P. M..by read- ing the petition notice published in Town paper and sent to land o;R!ners affected by the petition, and. certification of the °ssessorsf L partment. Iir. 1oodv explained that he had boumht the Kimball prop- erty and ti-;ree adjoining pro oartie s six or seven years ago and laid out the [Iinute Yan Golf Course. Realizing that he had quite a lot of money invested, he would like to tear down the ' buildinns on the iioran property, preserve the old house and make it into a tea room and eating house similar to the Toll house,, in ord-r to help pay the expenses of the.golf course and taxes. Iar.f;illiam Potter spoke in favor of the petition and said that he appreciated what lar. Yoody had already done in the vicinit,r and favored the plan of the proposed tea room. `r. Curlys Slocum stated that he also favored the im- provements lair. Boody has made in the vicinity, thought it very desirable that a mar. in Vr. . I;oody ' s standing should own and improve the property, and would like to see the change granted. ir. Kimball asked Ir. Slocum what his opinion would be if the proposed tea room should fail and a gasoline station was installed and Ps. Slocum replied that he did not think there ,,Bras any need for more filling,, stations as there is one at the corner of ,,';altham Street but felt that with the new road there might have to be more. He had no objection to the tea room and would not object if 11r. P.00dy wanted to sell beers and wines and have dancing. 11r. Neil Borden reported that he had no objection to a tea room but asked ,�rha.t protection there would be against other businesses if the tea room failed. He also asked if it were possible to revert the property back to a residential zone if the tea room did not make good. Ne was informed by i+ir. Luffy that once the zoning of an ' area is changed from residential to business, it automatically give s the owner the right for any business use. If the Town votes favorabh*, it will riot be voting for a tea room but any Kenr T S. R,Oody Bearing -2- July 19, 1935 'ging of business. The :Hutchinson Brothers stated that they wished to be re- corded in favor of the petition. ' Idir. Potter felt that if the tea room did fail, he could not see an -,r objection to a gasoline station at this location as there are no residences adjoining and it would not affect any property. I1r. LLoody advised that what he wanted was a tea toom and eating house like the `Poll house and would be willing to sign an agreement limiting it to that as he does not intend to do any other business but that. Mr. Luffy informed Lr. Moody that the Town had no right to restrict the business to be carried on in a district once the zoning is changed from residential. I;r. Slocum asked if 1,r. L-loody could not obtain a permit for a tea room from the Board of Appeals and was informed that it was not possible. 1'r. Robert L. kyder declared that he had come to attend another hearing but was very much interested in the prospects of the 71,=ood7 petition and felt that Mr. Moody was entitled to this change in zoning after all he had already done for the Town. He also stated that he did not think the petitioner should be bound by an agreement to limit the business to a tea room as he is the o,✓ner of the adjoining property and would not start anything bi)t viliat would be for the best interest of the Town. =e agreed with Isar. Potter in saying that any business that is established there would be a benefit, favored the proposed change ver mucin and hoped the Planning Board would consider it ' favorably. u:r. Borden stated that he did not want to speak in proposition and would approve having a tea room there but would object to an undesirable road house or gasoline station and thought that the offer of the petitioner to restrict himself to a tea room should be considered seriously by the Board. Lr. '_;body declared that he did not see why a tea house should be an annoyance to anyone as he was going to have a parking space at the rear of the building so the cars could not be seen from the street. tie also stated that he was petition- ing the change for the purpose of having a tea room and the property would only be used for that. hlr. Duffy asked if the petitioner intended to have an entrance from the new road and Iv1r. Moody replied that the access is to be on Pleasant Street. I..r. Burrows, owner of ten acres of land on Pleasant Street between the VanNess property and that of h:r. IYtoody, stated that he would not object to a tea room but felt that if the area is changed to business, it might be an entering wedge for a Dutch - land Farm stand or a filling station. He further stated that if he ever decided to develop his ten acres of land, he would not rant undesirable filling stations in the vicinity, but felt that if 1,1r. 1-;oran and the other neighbors approved, he did not think it would be wrong. C 'J be the or infy `Co this statement, I. -Ar. Itoody declared that he Mould the last one to create a nuisance as he owns most of property in that vicinity. As there were no others opposition to the petition, closed. 17 people present. 'VJ'_io wished to speak in favor Mr. Duffy declared the hear - Respectfully submitted, Clerk