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HomeMy WebLinkAbout1960-03-08PLANNING BOARD HEARING ' March 8, 1960 The Lexington Planning Board held a public hearing on Tuesday, March 81 1960 at 8:00 p.m. in Estabrook Hall, Cary Memorial Building, to consider the following proposals to amend the Lexington Zoning B7 -law: 1. To amend Section 51 Permitted Buildings and Uses, by striking out in sub -paragraph 7 of paragraph (a) R-1 Districts the following clause: "a. Trucking and express business." 2. To amend Section 14; Board of Appeals, by striking out the second sentence in the first paragraph and in- serting in place thereof the following: - The Select- men shall also appoint five associate members of the Board of Appeals, and in the case of a vacancy, absence, inability to act or interest on the part of a member of said Board, his place may be taken by an associate member designated as provided in General Laws, Chapter 40A, Section 14, and any amendments thereto. Present were Vice Chairman Grindle, Members Burnell, Mabee, Meyer and Soule, Planning Director Snow, and Mrs. Richard W. Souza, acting as recorder. Sixteen persons attended the hearing. Mr. Burnell presided at the hearing and opened the same by reading the notice of the hearing as it had been published in the February 11 and 18, 1960 issues of the Lexington Minute -man and by explaining how the hearing would be conducted. He also explained that the first proposal was the Planning Boardts and was be- ing recommended in an effort to strengthen the zoning by-law by preventing the establishment of new trucking and express businesses in residential districts while allowing said businesses existing legally to continue as non -conforming uses. He pointed out that new estab- lishments of this category could be allowed subject to the Board of Appeals permits in C 1 and C 2 districts. Mss. Alfred Assetta of 964 MassachusettEr Avenue stated that in the R 2 district in which she lived there was a trucking business operating without per- mission although the owners have denied that they are operating from this location. She asked if under the proposed amendment the owners could claim that they ' had a legal right to continue as an existing business. Mr. Burnell replied, "Not if they have been denied -d -6o !!PZ permission." Mr. Donald E. Nickerson, Chairman of ' the Board of Appeals, added that the Town Counsel was aware of this particular zoning violation and that after the Town Meeting it was planned to take the case to Court. Mrs. John M. Belding of 1106 Massachusetts Avenue asked why express or trucking businesses were permitted in Lexingtor's residential districts originally. It was noted in reply that in small towns, when zoning by-laws were first adopted, these businesses were sometimes found to be in existence and allowed to continue as permitted uses. It was pointed out, however, that as towns grow the mixing of such business and residential uses have detri- mental effects on one another and that then it was necessary to eliminate the mixing of business and residential uses in residential districts to improve property values and desirable environmental features in said districts. Mrs. Edmund P. Hoxie of 884 Massachusetts Avenue and Mr. Verner S. Dempsey of 6 Locust Avenue asked whether the exclusion of trucking and express businesses would apply to R 2 as well as R 1 districts. Mr. Burnell answered, `tyes.n ' There being no further questions or discussion in regard to the first proposed amendment as set forth above, those attending the hearing were asked to indi- cate whether or not they were in favor of the same. Fourteen people indicated they were in favor of the said proposal, no one indicated that they were opposed. Mr. Burnell next read again the second proposal as set forth above to amend Lexin7tor l s Zoning B7T-law. He stated that this was a Board of Appeals proposal and asked Mr. Nickerson to present it. Mr. Nickerson stated that the amendment was proposed by the Board of Anpeals for the reason that on several occasions during vacation times it had been found that it was not possible to assemble five members of the Board of Appeals to act. He said it was thought this situation could be corrected by having one more associate member to call upon during vacation periods. Mr. Nickerson concluded by stating that it was on this basis that the Board of Appeals had asked the Board of Selectmen to insert an article in the warrant for the March town meeting, said article being the same as the second proposal set forth in the notice of the public I hearin 9 . 3-8-60 -3- No comments were made or questions asked. Thereupon, Mr. Burnell asked those attending the hearing to indicate whether or not they were in favor of the proposal. Sixteen persons indicated they were in favor of said proposal, no one indicated opposition to it. The hearing was adjourned at 8:25 P.m. 12j -A (r. I hard H. Soule Clerk 1