HomeMy WebLinkAbout1936-12-01t
PLil
:1??lI1vG BO -41M IkI;I1TG
T.1 District
December 1, 1936
A Planing Board hearing was held in Estabrook Hall of
the Cary I.-emorial Building, Lexington, on Tuesday, December
11 1036 at 8:00 P. l.., on tae Planning Board's initiative,
for the purpose of considering the following amendment to the
l e yin6:ton Zoning 3y-1.aw and
'o s e if ',he Lexlnrrton Zoning By -Law will be amended
1. BIT sitbsti_tuting for flection 1 thereof the following:-
";ection 1. 1, -'or the purposes set forth in General Laws,
Chanter 40, sections 25 to 30A inclusive (as amended by Statute
1933, Gha-;�ter 269) and under the authoritiF thereof, and of General
Larrs, Chanter 143, and any other lairs it thereto enabling, the
inspection, materials, construction, alteration and repair,
U. area, location and use of buildings and structures, and
th- us^ of land ir. the Town of Lexington are hereby regulated
as }e rein provided, and the r,'own is divided into types of
districts as '--reinafter defined, and as shown on the Zoning
;lap prepared by J. 'enrtr Duff-;, Town Engineer, and filed with
I-
1 -11 -Le loran Clerk, is -arch 17, 1924, and all amendments thereto,
}sir; tap asaYend-ed is hereby made a part of this By -Law."
2. 3 * a(9c lnrr to Section 2. Definitions, the folloirving:-
(f) A throurr'asa j is any hate highway primarily develop-
ed. for through traffic, with a general taking of not under 100
feet in viidth.
3. B -r insertinp,betneen the second and third paragraphs
of Section 3. (a) the following: -
"T.1 indicates tri)n?r-hi;,hway districts with specially
restricted uses, located ar?jacent to a throughway."
4. B -:r changing Section 3. (b) after the heading "R.1
histricts" to read as follows: -
"^ver -r part of the Town not shown upon the zoning map
as ar^ended anO not hereinafter specifically designated as R.2,
T.11. C.1 and. 1;:.1 Districts."
5. By changing the numbering of the paragraphs under
erection 3 (b) as follows: -
Change paragraphs numbered 11 to 30a inclusive to become
1 to 21 inclusive.
Cha_«- paragraphs numbered 31 and 32 to become 1 and 2.
6. 3z* inserting in Section 4 between the paragraphs re-
lat;n, to F.2 Districts and those relating to C.1 Districts
the follor'inc -
"In T.1 Listricts:-
il.l uses that are permitted under R.1 and R.2, but
sub ;ect, to any conditions and restrictions set forth therein
and the follor.!in; subject to the provisions of Section 9.
1. Retail gasoline, oil and greasing stations.
2. Sale and installation of tires and other automobile
accessories."
P]annin'r Board _'earing -2
December 11, 1936
he followlri7 members of the Planninrc Soard were present: -
T essrs. Lorder., , c`;erson and Ferr.;uson. There were four people
nresent in re,c,arrl to the l^earing:- l:r. Calvin `'i. Childs, I.r.
John De 171 -.11 i r. T. ii . Oinstance and ler. EoV Peterson. ?;ir.
D`eVine tS StP.YlO?ru er 'r'aS also present.
Irlr. Borden declared the hearing open and ?;r. Niclterson,
actin -f as Glerlr� read the notice of hearing which had been
n -.bushed in the 7,nvenber 12th issue of the Lexington Llinute-
<;an and sent to the pronertT7 owners affected b7,* the amendment.
r. Borden explained that the purpose of the hearing was to
hear gat citizens had to -)resent either in favor or in oppo-
sition to the proposed amendments.
P:ir. T. A. Custance stated that 11e was neither for or against
the amendr^ents at the p.resInt time but was seeking information.
He as'red if this plan had 'been tried out in any other Town and
!."hat the purnose of it ,vas.
,:r. Borden replied that it had not been tried out before
and 1vouldanal;,* at the present time to only the Cambridge -Concord
Turnpike but later to the Gircumferential highway and the Lowell
Turnpike. 3u.ch through hi;,h1:ia?*s are designed to carry heavy
traffic and it is desirable to move that traffic through quickly
and against traffic dan7er. It is desirable to keep business
off hi' rry-.-,Ts of this 'rind because business causes frictions
and. accidents because of sto_nping traffic. vhen a change is
made from an -,.I Distri.-;t to a C.1 District, it is hoped that
the petitioner will put up a filling station as petitioned for
but the '11o,.Pin, in later gears, cannot restrict the kind of
business to be carried on. Since the Town loses all future
control after a C.1 District is established, it is felt that
it would be desirable to have a restricted zone to meet this
uni,ue trun': hi"iIl`,'a.T. If a man wants a filling station, he
^rill be *ranted a T.1 7one under which he can run a filling
station but Bret be restricted to that, and if, at a later time,
he wanted to change to a C.1 District, he would have to petition
over again. I -r. Borden stated that the Planning Board had put
the question before the Town Counsel and several planning experts
such as h.r.iiartr..qan and i,.r. '.400druff who both said it was an
ingenuous ,rad of meeting such matters and the general idea was
that it mould stand.
I.'r. Custance stated that several people thought a filling
station Mas a *old mine and questioned whether the establishment
of a district of this kind might not make people think it would
be eesi.er to obtain the zoning change and have a station.
Lr. Borden replied that the Planning Board had taken a
definite stand and wanted as few filling stations as possible,
and feels i;hat is this policy is laid down it should not be
understood that these changes are going to be easier to get
than a C.1.
L -r. 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-ly for filling stations.
r7 nnir_, 'ooard Barin^; -3- December 1, 1936
:.r. :3orden replied that the Planning board did not feel
that -:,a,, because the -T stress ';heir recommendation that all
business be Inept at a minimum and as few filling stations as
will serve t% e Dov^,rn are nermitted.
I`'r. Calvin '. Childs stated that he felt as IIr. Custance
di' t3_at if t=his ne,, zone ^;;gas established it might invite more
a~„_)I icai;l_orns a-i.d r.ossibl�- the Tol.7n eeting I,Iembers might be
ore lens ent 1-J-1 Frarhti rng chan_r;e s thinking that the,, would be
for ge so_line stations only;, lie felt that if the zoninv; remain-
ed as it was and_ people had to anpl'T for C.1 changes, it would
be much mor- difficult: to -;et fl l ling stations. ile asked what
the items 1 and 2 in the last naragranh of the amend.nent meant.
_,r. Morden informed him that the business carried on in
T.1 T istricts 1%rould be restricted to those listed in these items.
is -r. CM ld s sta' er1 tb_at he ^.,ras pr -s --it to obtain informa-
tion about the T.1 T istrict as Lr. Borden called him and asked
if I A ti,,o^.:_ld_ be willing to cha7,a- from a C.1 T-istrict to a T.l
ristrict and he ,°rante(l to learn more about the proposes amend-
ment
mend-ment .
I:v . iTerluson stated that in talking with the average Town
l'.eeting flember, he thinks .ie voted on the Childs' petition to
sell -a.soli.ne onl,r and does not know that the business is not
restricted to t', -,.at.
- r. (nilds stated ti -,at Lir. 13orden called and asked him
to restrict-. M. s )ro )ert,, to T.l Li strict but he said he had
not ta_lkea :,,it.'t anyone about it, had got what he wanted and
would not discuss it.
r. Custance stated that, in regard to dance halls and
hot dog stands, licenses had to be obtained under C.1 Districts.
I:r. Borden informed him that there ,,as nothing to stop
them except the rules of the Board of liAalth. He said that
iIrs. titch had been approached by developers to put un a store
building and it vas the feeling of the Board that a business
area should be back from this highwalT so it won't be dangerous.
T,.r. Jol-i Levine reported that lie was present to obtain
l_r)fornation because Yie was very much interested in the project'
and a_slred if the Concord ?ii €:h,va,r ,^Ms the sole purpose of the
rronosed ar-endment.
I,.r. Borden replied that it is the only highway affected
no^,r �)u.t the Board feels that --)lans should be laid out for use
on the Circumferential Hi lyra-- and the Lowell Turnpike because
the same problems wi_11 come u -o when these other two roads are
put through. IIB reported tha`, the Circumferential Highway is
being* built uta on each And and the Lowell Turnpike is all laid
out. -
I,'.r. Devine stated that ire had. called iclr. Virightington in
regard to the matter and was informed that this proposed amend-
vent is to Pive the Town opportunity to establish this amend-
ment -s the7- see fit. lie then asked if the article presented
at To•�,,n i::Aeti.r_F was voted in the affirmative, would the Childsl
petition be transferred to a T.l District.
f:r. 3ordon replied that a petitioner would have to
petition for a T.l District just as he would for a C.l. District.
iar nine Los. -c ^arin�* -4- December 1, 1936
ine felt t'� ._t if this ar:end.ment is made, it is
coin- ',o ire eases- for arrr (;itizen to get a change from an R.1
to a T.1 :'istrict. He .=,iso stated that if petitions were made,
there ;rouldrIt be ^..n sound arguments against it because the
Brea can be restricted to the sale of gasoline, etc. IIe said
that the reason r'r. Childs did not agree to restrict himself
to a T.1 Li.striet is because a limitation is a sort of cloud
on his s 1and.
Lr. 3orden stated that the Board hoped and expected Mr.
"ri_lds to armee to his development.
D-evine asked whether the Board would like to see a
string of filling stations rather than one or t^Io business
rronerties there and 1,:r. Borden replied it is desired to keep
t' e fillinrr stations at a minimum and the Town 1v:eeting I,iembers
grill act upon that advice. r stated that when a person
i)etitions for a c'__ange from an H.l to a C.1 Listrict, the
reti`tor_er mentions a fill.in7 station or a tea room but when
t'rr' heti tion is acted upon at the Town 1',eeting, the Town Lleet-
iz :er-lbers are not thin_';ing that if, at a later date, this
venture does not na'.�e good., some other undesirable business
may be started and no restrictions can be made.
r. Dovi.ne stated that he thought it very hard to get
a c'nan e to a u.l-i_strict but feels that it will be easy to
�'et a change to a T.1 District and that btT presenting this
-e rid ant, it inviting trouble for the Town. Be further
sta,L-,er -:e thours.lt t%�e reason why the other two petitions
,'!ere turned down after the Childs' petition was granted, was
because the n,,!n 1:eeting I embers did not think they would carry
t':e prosect tr,>rou�,.n as i r. Childs would.
r. C>>s1 arca as'red :,r iat .,,pas to be done with the petitions
that are to be Noted on at the Torm Liceting the same time
t'�is amendment is to be voted on.
r. Borden rerlied that all. the petitions being brought
U-0. at t'.le r'o >n ';'eating have agreed to later change to a T.1
s';ri ct.
i;r. L-evine felt thr.t if the i'oxn I4.eeting Members refuse
t'petiti_or(;.I changes, there is no need for this
oro ,o ss;c', amendment because if the T - are going to refuse a C.1
are ^oinT to refuse a T.l change.
}, r. Borc_en stated an-* stations that might be per-
m tied i 17 cor7e under T.1 Listricts that can be limited to
business Drooert•T and it ,All not be used for an�r other
b•asi nr� ss . `
D,. Levine as'red Lr. 3orden if he thought a change on
the M_!T i*:aT to a I'.1 L+i strict ,.,ould be less a menace than a
0.1 chanme and 1,.r. Borden replied that a T.1 District 1,rould
b a less menace from a traffic standpoint, and stated that
since the Childs, -)et,was granted, there have been three
accidents at t:1at intersection.
r. Childs stated that he thought the Town Leeting
1,lembers rr,P,, --hat they vote on.
i, r. ho -,T Peterson staged that he did not wish to make a
stntement s ',A ^; as present to 'near the discussions.
?.:r. 3orden declared tae hearing closed at 9:45
Iespectfully submitted,
Clerk