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HomeMy WebLinkAbout1960-03-21PLANNING BOARD MEETING March 21, 1960 A regular meeting of the Lexington Plan- ning Board was held. in the Planning Board's Office, Town Office Building, on Tlondav, March 21, 1960 at 7:30 a.m. Present were Chairman Burnell, Members Grindle, Mabee, Meyer and Soule, and Planning Director Snow. The Board considered and approved the minutes of the public hearing held by the Board on March 8, PROPOSED 1960. Considered also and approved by the Board were ZONING drafts of Planning Board reports on Articles 52 and BY-LAW 53 in the warrant for the Annual Town Meeting to be AMENDMENTS held on March 21, 1960. (See addendum.) The meeting adjourned at 7:50 p.m. so that members of the Board could attend said Town Meeting. �..._:y IV. In ' Irving H. Mabee Clerk ADDENDUM Lexington Planning Board Report on the Amendment to the Zoning By-law Proposed by Article 52. On March 8, 1960 at 8:00 p.m. the Planning Board held a public hearing on the proposal to amend the Lexing- ton Zoning By-law set forth in Article 52 of the Warrant for the Annual Town Meeting on March 21, 1960. Sixteen persons attended the hearing due notice of which was given according to law. At the close of the hearing an expres- sion of opinion by those present showed 14 persons in favor and no persons opposed to the amendment as presented. The proposal involves the amendment of the provisions pertaining to special permits which may be granted for uses In R 1 districts by the Board of Appeals under paragraph (a) 7, of Section 5, Permitted Buildings and Uses. The amend- ment would delete subparagraph a of paragraph 7. ' The present by-law gives the Board of Appeals dis- cretionary authority to grant special permits for property in R 1, single family residential districts, to be used for conducting trucking and express businesses. The by-law it- self imposes no limitations to serve as a guide to the Board ' of Appeals in the exercise of this autbority. Under the present wording of the by-law, a permit may be granted to use the whole or any part of an existing dwelling for one or both of these purposes, or a permit may be granted to erect an entirely new building to be used solely for these purposes. Thus, by Board of Appeals action, it is possible to change an entire piece of property in a residential zone from a residential use to a commercial use. This in effect results in a change in land use from residential to commercial pur- poses without the land involved coming before a Town Meeting for rezoning. The Planning Board believes that the present by-law allowing residential property to be used for trucking and express businesses is incompatible witl, the other uses now permitted in residential districts. This by-law originated In our zoning law mann years ago when.there was a smaller population and the town was not so concerned with mixed land use of residential districts as it is today. There are no similar type business uses now permitted in residential districts. Therefore, the nlannin7 Board feels that now is the time to eliminate trucking and express business use from residential districts. The proposed amendment to Section 5, by eliminating ' trucking and express business as a permitted use in resi- dential districts, limits the situations where a special permit may be granted by the Board of Appeals for trucking and express business in C 1 and C 21 local business and veneral business, districts. A person who desires to operate a trucking and express business in a place for which there is no valid permit outstan ding at the time of the adoption of the amendment would have.to locate said busi- ness, subject to a Board of Appeals permit, in a C 1 or C 2 district. Members of the Planning Board unanimously recommend the adoption of the amendment under Article 52. (Signed) Levi G. Burnell, Chairman Thomas S. Grindle Irving H. Mabee Robert E. Meyer Richard H. Soule Lexington Planning Bonrd Deport on the Amend- ment to the Zoning By-law Proposed by Art. 53. On March 8, 1960 at 8:00 p.m., the Planning* Board , held a public hearing on the proposal to amend the Lexington Zoning By-law set forth In hrtlele 53 of the Warrant for the 3-21-60 -3- Annual Town Meeting on March 21, 1960. Sixteen persons attended the hearing due notice of which was given accord- ing to law. At the close of the hearing an expression of opinion by those present showed 16 persons in favor and no nerson opposed to the amendment as presented. This proposal represents a request by the Board of Appeals for a technical change in the zoning by-law. Under Section 14 of said by-law the Selectmen now anpoint four associate members of the Board of Appeals to take the place of any regular members who in the case of vacancies, in- terests, etc. are unable to act. It is understood that on several occasions during vacation times it was found that it was not possible to assemble a combination of five mem- bers and associate members of the Board of Appeals to act upon various matters. It is thought that this situation could be corrected by having available one more associate member to call upon during vacation periods. The proposed amendment would change the number of associate members from four to five. Members of the Planning Board unanimously recommend the adoption of the amendment under Article 53. (Signed) Levi G. Burnell, Chairman ' Thomas S. Grindle Irving H. Mabee Robert E. Meyer Richard H. Soule 1