HomeMy WebLinkAbout1950-11-02 i
HEARI IG - ZONING BY-LAWS
Thursday, November 2, 1950, 8 o'clock, Cary Memorial Hall
The hearing opened at 8 o'clock with the following members of the
Planning Board present: Cromwell, Adams, Caouette, Johnson, Potter, Ripley.
Town Counsel Harold Stevens also present.
The chairman, iJr. Cromwell, opened the meeting by stating that the
Board did not wish to foist its views upon the townspeople but that it had
spent a great deal of time and thought on the matter and was now willing to
listen to the views and suggestions of the citizens. The Planning Board
will then meet and consider what has been said and may possibly make changes
before the matter comes to vote at the Town Meeting.
There were no comments until Section 4. Mr. Merriam suggested that
the new location of Route 128 be placed upon the map.
Mr. Merriam stated that quite a few of R-2 areas have been
eliminated, and that there is quite a mixture of single and 2-family houses
on Grant Street to Sherman Street, both sides of Fletcher Avenue to RR tracks
which will be in the R-2 district He proposed that the area west side of
Grant Street to RR track to Adams Press property which already has one or
two 2-family houses remain in R-2 district.
Mrs.I,ouise Sexton inquired if she understood correctly that no more
2-family houses could be built unless it was in the R-2 district and was
told that that was correct.
(0) 9. fiarrett Road and Waltham Street. The people in that neigh-
borhood are opposed to an increase in the C-1 district. They feel that the
present territory is enough. Speaking in opposition to the change were:
John Downey, 4 Farmcrest Ave.; Mr. Kelly, 437 Waltham St.; John Spencer, 439
Waltham St.; Mrs. Coleman, 435 Waltham St.; Mrs. Fbx, 411) Waltham St.; Mr.
Morse, 43 Farmcrest Ave. Ur Downey asked if it would be possible to have a
petition prepared for the Town Meeting to have the article dropped. Be
stated he represented other property owners who wish to sign such a petition.
Mr.Cromwell stated that the Board would be willing to receive a petition, but
the surest way was to put it before the Town Meeting.
Mr. Morey asked if there was anyone present who felt differently about
that area, and apparently there was not.
(d) C-1 areas. Lir. Don Hathaway stated that C-1 areas had been re-
duced, one of which is Five Forks. He asked what effect this reduction will
have on the value of the properties which are proposed to be put back in the
R-1 area. IJr. Cromwell replied that any change in zoning is apt to take from
some and give to others, it is unavoidable, but that over a period of time it
is necessary that zoning laws be changed.
Mr. Richard Porter spoke of his desire to have his property at 786
Concord Turnpike changed to C-1 district in order that he might erect a
Howard Johnson stand.
Mr. Benjamin Green spoke in opposition to this request. He stated that
he would like to go on record as saying that if Mr. Porter was successful in
having his zone changed he would also petition to commercialize his place.
Mr. Francis Gallagher, 151 Spring Street, also spoke in opposition. He
does not think the entire section should be penalized for the sake of one
person.
(b) R-2. Haskell Reed, Lowell street, stated that if 2-family districts
are being eliminated in other parts of the town he did not see why the wee-
tion described under (b) R-2 - 1 should be kept in. In was his desire that it
remain in R-1.
Ail. Mr. Walsh Jr. asked if "spot zoning" were illegal, and if so would
this not come under spot zoning. Mr. Stevens replied that strictly speaking
spot zoning is not legal but of what it consists is a much discussed question.
Mr. Fellows requested the Planning Board to consider putting hotels
into C-1 districts as they are used for commercial purposes - not a specific
area but in general.
Mr. Walsh stated that he thought the town should control all land from
the cemetery to Grant St. He believed this would be a good location for the
new High School.
Roland Greeley remarked that there was considerable precedence for
coupling hotels with residential districts and thinks it is wise.
HEARING - Louise Sexton et al
At this time the hearing on petition of Louise Sexton et al to have her
property on Fletcher avenue changed from R-1 to C-1 district was heard. She
stated that the property is of no value to her as it now stands as it is the
only residence in a business area. When asked what her plans were if the zone
were changed she said she wished to sell. She stated she had previously
offered it to the Town but had been refused.
Mr. Walsh Sr. spoke in favor of the petition.
Bill Phillips also spoke in favor. He thought the property might be of
value to the town.
Mr. Ryder also favored.
Mr. Blackwell stated that there are property rights to be considered, but
there are other avenues rather than rezoning to business. He suggested that
Mrs.Sexton again try to sell to the Town.
Hearing closed at 9:15.
* * Y *** ** -r *
(c) C-1 Retail stores. Mr. Morse suggested that the article be reworded to
read "retail stores except retail liquor stores."
Carl Bryant remarked that it should be explained that these would be
allowed in 0-2 if taken out of C-1.
T.s. Hathaway thought it should be made necessary to bring before the
Board of Appeals.
AA=1. Mr. Ryder wished to know if the Board had considered other loca-
tions for this designation and was told that it had. He stated that he
thought considerable study should be given to recommend other areas for the
future.
Sec. 5 (a) 6. Under this article Mr. Blackwell suggested that "com-
mercial poultry" be added.
SA Mr. Hathaway spoke for 100' frontages with more depth allowing
varying set-backs which would better the layout. Mr. Ryder opposed the ar-
ticle. Mr. Blackwell favored. Letter from the Tower Estate (Trustees)
opposed to change.
Under "accessory uses" Er. Hathaway asked if it were possible for a
salesman or architect to conduct business from his home. Mr. Stevens replied
that as it was now written they could not, and when asked if it were covered
in Section 5 replied yes, that it could be taken before the Board of Appeals
and that it had been broadened to permit businesses which were not of annoy-
ance or nuisance to neighbors.
Section 11. T.r. Howard Custance spoke in opposition to this article.
Ile stated that it was not the contractor's job to file such information.
Mr. Jaquith was opposed to change suggested by Mt. Custance. He said
that the contractor should have such data readily available and should be
required to give public notice to neighbors that the lot had been recorded.
The meeting adjourned at 10:10 p.m.
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F4. Caouette,
Clerk
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