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HomeMy WebLinkAbout1936-12-01 1L Ji?ING B0 RD H7ALING T.l District December 1, 1936 Planning ]ioard hearing was held in Estabrook Hall of the Cary I. emorial Building, Lexington, on Tuesday, December 1 , 1n_ F. at 8 00 P . 1 . , on tie Planning Board 's initiative , for the purpose of considering the following amendment to the Leyington Zoning Jy-Law and ',an: - no see ; f the Lexington Zoning Sy-Law will be amended 1 . BY sr_;sti_tutin-^ for Section 1 thereof the following - " section 1 . For the purposes set forth in General Laws, ;' anter 40, sections 25 to 30A inclusive (as amended by Statute 1973, han1;er 269) and under the authority thereof, and of General Lat s, ih.anter 143, and any other laws it t Zereto enabling, the inspection, mn4-erials , construction, alteration and repair, lei pit, area, location and use of buildings and structures, and the use of landin the Town of Lexington are hereby regulated as bernin provided , and the q'own is divided into types of districts as b reinafter defined, and as shown on the Zoning ; ao prepared by J. enr-• Luff--, Town Engineer, and filed with h4° gown clerk, larch 17, 1924, and all amendments thereto, - i an 9s amended is hreby made a part of this By-Law." 2 . 3-r adding to Section 2. Definitions, the following:- (f) A throughway is any State Highway primarilY develop- ed for through traffic , with a general taking of not under 100 feet in width. 3 . JJ`r inserting between the second and third paragraphs of Sectio: 3 . (a) the following - "T.1 indicates trun,,-highway districts with specially restricted uses, located adjacent to a throughway." 4. 3- clan-rink Section 3 . (b) after the heading "R.l Listricts" to read as follows - "^ver-r part of the Town not shoiqn upon the zoning map as amended and not hereinafter specifically designated as R .2, T .l, C .1 and i, .1 Districts ." 5. By chan-ring the numbering of the paragraphs under Jection 3 (b) as follows - (,hange paragraphs numbered 11 to 30a inclusive to become 1 to 21 inclusive . Cha, rre paragraphs numbered 31 and 32 to become 1 and 2 . 6. By i.nser•ting in Section 4 between the paragraphs re- la'-;ng to F .2 Districts and those relating to C .l Districts the follor*inc - I "In 1 .1 Listricts - i.l.l uses that are permitted under R.l and R.2, but subject to any conditions and restri( tions set forth therein and the following subject to the provisions of Section 9. 1. Retail gasoline , oil and greasing stations. 2 . Sale and installation of tires and other automobile accessories ." PIa ni.ne Board earinc -2- December 1, 1936 The following members of the Planning Board were present - Ten ss s . eor. ,a, , , c erson and I erruson. There were four people nresent in regard to the bearing I.r. Calvin i. Childs, I..r. John . Levine , Er , A . r,ustance and hr. boll Peterson. ?E,ir. Ievinets stenorr nher as also present. r Borden declared the hearing open and Ir. Dickerson, acting as Ller-a, read the notice of hearing which had been ibli_shed in the nvember 12th issue of the Lexington T, inute- an and sent to The pronert- owners affected by the amendment . r. Borneo explained that the eurpose of the hearing was to bear 7 at citizens had to iresent either in favor or in oppo- sition to the proposed amendments. L_r . T . A . Custance stated that he was neither for or against the amendments at the present time but was seeking information. He askery if this plan had peen tried out in any other Town and That the pnrnose of it was. r. Borden renlied that it had not been tried out before an eould annl,r at the nresent time to only the Cambridge-Concord lurnpiire but later to the Lircumferential Highway and the Lowell Turnpike . Such through highwErrs are designed to carry heavy traffic and it is desirable to move that traffic through quickly and rn ainst traffic danger . It is desirable to keep business off high' -Ts of this 'rind because business causes frictions and accidents because of stopping traffic . When a change is made from an .1 Tistriet to a C.l District, it is hoped that the petitioner will put up a filling station as petitioned for but the Town, in later gears, cannot restrict the kind of business to be carried on. Since the Town loses all future control after a n .1 District is established , it is felt that it would be desirable to have a restricted zone to meet this unique trunk hi irra-*. If a man wants a filling station, he will be granted a T.1 Zone under which he can run a filling station but •ret he restricted to that, and if, at a later time , he wanted to chanFe to a C .l District , he would have to petition over again. I_r . Borden stated that the Planning Board had put the nuestion before the Town counsel and several planning experts such as 7,r. ..artmen and ,,.r. .roodruff who both said it was an ingenuous valr of meeting such matters and the general idea was that it would stand. Er uustanee stated that several people thought a filling station was a gold mine and questioned whether the establishment of a district of this kind might not make people think it would be o^ si r to obtain the zoning change and have a station. Er. Borden replied that the Planning Board had taken a definite stand and wanted as few filling stations as possible, and feels that is this policy is laid down it should not be understood tnat these cnanges are going to be easier to get than a C .1 . Er. Custance stated that filling stations today did not have the business they did ten years ago and wondered whether the establishment of this zone would make it more attractive for people to an' l'- for filling stations. 1-7 rr rv" ,oar' earn -3- December 1, 1936 i. r . Torden replied that the rlanning Board did not feel that 7a,- hecpuse the-r stress their recommendation that all business he kent at a minimum and as few filling stations as rill serve t mown are permitted. l.r. Galvin " . Uhilds stated that he felt as Lr. Custance die tat if t lis neer zone ",as established it might invite more anril-i_eati ons a d rossiblr the To'"'n L.oeting b embers might be ore lenient in graltiop' changes thinking that they would be for resoling stations only. He felt that if the zoning remain- ed es it was end people had to aptly for C .1 changes, it would be much nor difficult: to get filling stations . He asked what fine items 1 end 2 in the last naregranh of the amendment meant. .r . Borden informed him that tie business carried on in T.] 11stricts 'onid_ be restricted to those listed in these items. Tr. r'bi_ld s stated '-het he 'ras present to obtain informa- tion about the T .1 t i stri ct as L r. Borden called him and asked if ,e 7onld be ri 1] i ng to the from a C 1 District to a 7.] r istrict and he wapted to learn more about the proposes amend- ment . mend- ment . :. v . For "uson stated that in talking with the average Town eeting Member, he thinks -ie voted on the Childs ' petition to sell -asoline only and does not know that the business is not restricted to t at . r. Childs stated tr.at i. r. 5or"den calleu and asked him to restrict his nro 'ert,r to 7.1 District but he said he had rot tel1ro i rite anyone about it, had got w tat he wanted and would not discuss it . :_r . Justance stated that in regard to dance halls and hot dog stands, licenses had to be obtained under C .l Districts. s. Borden informed. him t iat there was nothing to stop them except the rules of the Board of Health. He said that Lrs. titch had been anoroached by developers to put un a store building and it was the feeling of the Board that a business area should be back from this highway so it won't be dangerous. n . Joint Levine reported that he was present to obtain information 1-ecause he was very much interested in the project, ti ed asked if the Concord BIp'hwa-. was the sole purpose of the prop osed armndment r.r . L3ol en replied that it is the only highway affected now but the Board feels that glans should be laid out for use on the Circumferential Hi hwa-- and the Lowell Turnpike because the same nrohlems wi ] 1 core u ) when these other two roads are rut tnrough . He reported that the Circumferential Highway is being built un on each end and the Lowell Turnpike is all laid out. 1r Devine stated that he had. called Mr. Wrightington in regard to the matter and was informed that this proposed amend- ment is to rive the Town opportunity to establish this amend- ment s t ne-,r see fit . lie then asked if the article presented at Town i. eetir_F was voted in the affirmative , would the Childst petition be transferred to a T .1 District . Er. Morden replied that a petitioner would have to petition for a 7 .1 District just as he would for a C .1 District. ilannin7 uor ,-d ri ari; r* -4- December 1, 1936 r Levine telt te if this amendment is made, it is -oir_r* o be eas-- Jor any itizen to get a change from an h.l to a T.1 ._ istrict . He also stated that if petitions were made, t' ere wouldn 't he an-- sound arguments against it because the area can be restricted to the sale of gasoline , etc . He said that the reason L r . Childs did not agree to restrict himself to a T.1 District is because a limitation is a sort of cloud on his land . Ir. iorden stated that the Board hoped and expected Mr . (hurls to arrree to his development . ID. Levine asked whether the Board would like to see a string of filling stations rather than one or two business pronerties there and Lr . Borden replied it is desired to keep t _e filling stations at a minimum and the Town Meeting embers 'ili act upon teat advice . Ie. stated that when a person petitions for a c__ange from an to a C .l District, the reti'-ion_er mentions a fi-l.l.i.n- station or a tea room but when t e neti ti on is acted loon at the Town Teeting, the Town Meet- -T -Ig embers are not thin?;ing that if, at a later date , this venture does not ma,,e good., some other undesirable business ma-'r be started and no restrictions can be made . T Devine stated that he thought it very hard to get a cnan e to a u 1 istrict but feels that it will be easy to get a change to a T.l District and that by presenting this a endue-=nt, it i i*"i ting trouble for the Town. He further si-a ed tirt e tb ol)! it t;-,e reason why the other two petitions -ere turned down,after t e uhilds ' petition was granted, was 11/ because the o"!n Leeting L embers did not think they would carry t e pre iect througe as P. r. Childs would. r C'= farce asked 'tat was to be done with the petitions that are to be voted on at the Town Lioeting the same time tnis amendment is to be voted on r. Borden replied that all the petitions being brought un at the '- own ieeting have agreed to later change to a T.l IIstrict . r. r ezrire felt thr t if the Town keeting iembers refuse tie net; tion^ "ter '; .1 c .anges, there is no need for this nrorosed amendment because if the-- are going to refuse a C .l c a roe , i- -,e- are Yoin to refuse a T.l change . 1r . i,or'en stated t_.at an-r stations that might be per- mitted rill come under T 1 Districts that can be limited to r,i_s i-pie ss prooert-, and it will not be used for anv other h'isiness . I . Levine as ed Lr. Borden if he thought a change on t e hi rnr'av to a P.1 1-di strict would be less a menace than a L .1 chance and LT L5orden replied that a T .1 District would be a less menace from a traffic standpoint , and stated that since the hilc. s' eet_tion was granted, there have been three accid =pts at that intersection. r . uhild_s stated that he thought the Town Meeting I erbers -nes„ hat the- vote on. Ir . nov Peterson stated that he did not wish to make a stnterlert Js ee as pre:' ut to hear the discussions. r. 3orden declared t ,e hearing closed at 9.45 i . L. hespectfully submitted, Clerk