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1930-PLANNING BOARD ✓ ie U�r�i�yru�u�ea ���rJ1�e� ui� Ll RICHARD K. CONANT CON Nis so Ncn DIVISION OF HOUSING AND TOWN PLANNING EDWARD T. HARTMAN CONSULTANT TO PLANNING BOANOS STATE HOUSE, BOSTON January 3, 1930 . Mr. J. Asbury Pitman, Salem, Mass . Dear Mr. Pitman: I am very much disturbed over a clipping from the "Salem News" of December 26, 192.9, with regard to the Burkinshaw permit for a pasturization plant, In my opinion a cow stable is no more an industrial use, such as is a pasturization plant, than is a field for pasturing cows. It is no more an industrial use than a horse stable. . Stables , because they are accessory to agricultural and other open area uses ,aare generally permitted in the most restricted districts. I do not believe anyone instrumental in developing zoning laws ever anticipated that this would be interpreted as es- tablishing a non-conforming use as injurious and incompatible as a pasturization plant. The outstanding decision in this particular direction is Carter vs. Harper, 196 N. W. 451. There a pasturiza- tion plant was interpreted as non-conforming. The ordinance did not permit the enlarging of a non-conforming use and the court up- held the ordinance saying that if such a non-conforming use could be extended it would kill all zoning. The disposition on the part of some of our administrative officers to allow people to do as they please is doing more to break down zoning than anything else. A pasturization pliant is ab- solutely inconsistent in a residential district, and I know of no zoning law that makes a provision for such plants in residential districts. Sincerely ours , ETH/S `� A meeting of the Planning Board was held on Thursday, Janu- ary 23, 1930, at 7.30 P. M. All the members were present except Mr. O 'Donnell and the Chairman presided. A letter was read from Mr . E. T. Hartman, State Consultant to Planning Boards , relative to the decision of the City Solici- tor in regard to the Burkinshaw case on Symonds Street. There was some discussion of the Annual Report and it was decided that especial emphasis be laid on the need for protection of the zoning ordinance, and that the report be published in the Salem Evenifng News. On motion of ?3r. Perkins, it was voted that the preparation of the Annual Report for 1929 be left to Mr. Webber and Mr. Wiswall. On motion of Mr. Wiswall, it was voted to request the Mayor for an appropriation of five hundred dollars for the year 1930. The Board adjourned at nine o' clock P. M. Attest:- ��� Secretary A meeting of the Planning Board was held on Tuesday, March 18, 1930, at 7.30 o 'clock P. IB. All the members were present and the Chairman presided. The Annual Report for 1929 was approved. The Board discussed the proposed removal of Old Town Hall and the extension of a street through to New Derby Street. It. was decided that there is need of regulation of parking rather than more parking space. On motion of Mr. Perkins , it was voted that the Board go on record as favoring the purchase of 2.6,000 square feet of land on Jackson Street adjacent to the High School which has been offered to the City of Salem by the owners , the Boston & Maine. Railroad. It was suggested that the Board devote its efforts during 1930 to the further defense of the zoning ordinance and an attempt to provide for the assessment of betterments. The Board adjourned at 8.45 P. E7. Attest: - ��� Secretary A meeting of the Planning Board was held on Monday, June 2, 1930, at 7.30 o 'clock P. M. Mr.. Pitman and Mr. O'Donnell were the only members present.. The members considered the decision of the Board of Appeal in allowing a business extension at the Ruggles-Klingman plant. The Planning Board was no opposed to the extension. The meeting adjourned at 8.30 o'clock P. M. Attest :- Secretary A meeting of the Planning Board was held on Monday, Septem- ber 8, 1930, at seven o'clock P. M. All the members were present and the -Chairman presided. Mr. Pitman explained that Mr. Perkins had been appointed to represent the Planning Board as a member of the Chamber of Com- merce Committee on Post Office Sites. Mr. Perkins described the sites submitted, also the site on Federal Street adjacent to the Tabernacle Church which the Committee thought the most. desirable. The object of`the Committee was to look around for sites consisting of lots of broperty owned by different persons who might not have considered submitting their property jointly. • The Board discussed the petition, now before the City Council, of Hyman Cohen for the change of a general residence zone at the corner of Highland Avenue and Clark Street to a business zone . Mr. Perkins suggested that the Board make a study of the Highland Avenue situation with the idea of re-zoning portions of the street . On motion of Mr. Wievrall, it was voted that the City Council be requested to defer action on individual petitions for zoning changes on Highland Avenue until the Planning Board has had an opportunity to consider the advisability of re-zoning Highland Avenue, the Board to report before January 1, 1931. The Board proceeded to the election of officers. Mr. Perkins placed in nomination the following names:- Chairman, J. Asbury Pitman; Vice-Chairman, Richard H. Wiswa.11; Secretary, Henry J. O'Donnell. There were no further nominations and the foregoing officers were elected. L i The Board considered the granting of licenses for miniature • golf courses in residential zones. The Board adjourned at Attest :- a*yne-CA— . Secretary • A meeting of the Planning Board with the Committee on Ordi- nances of the City Council was held on October 29, 1930, at four o'clock P. I.T. , for the purpose of considering the re-zoning of Highland Avenue. Councillors Theriault , Dolan, O 'Connell and Bodwell of the Committee on Ordinances and Hr. Pitman of the Planning Board were present.. Inspector of Buildings William Ls_. Osgood and City Engineer Frank P. Rorse were also present. After considerable discussion of the situation it was decided to postpone action until the City Engineer could pre- pare a plan of Highland Street showing the location of some of the streets involved in the proposed zoning changes . The meeting adjourned at five o'clock P. if. Attest: - Secretary i • A meeting of the Planning Board was held on Tuesday, November 25, 1930, at eight o'clock P. 11. All the members were present and the Chairman presided. Mr. Pitman gave an informal report of the meeting with the Committee on Ordinances of the City Council and a visit to Highland Avenue to consider the zoning situation. The Board considered the petitions for re-zoning on Highland Avenue now before the City Council which are as follows : English Villages Inc. applied June 13, 1929 , for change to business zone of section 200 feet deep on both sides of Highland Avenue from Lynn line to Clark Street. Hearing held on June 27 , 1929, and referred to Committee on Ordinances. • (This proposed development has probably been abandoned by the petitioners ) . William H. Siminess applied June 13 , 1929, for change to business zone of section 150 feet square, 22.7 feet northeast of Swampscott Road on the southeasterly side of Highland Avenue. Hearing held and referred to Committee on Ordinances on June 279 1929. Committee reported an amendment to the zoning ordi- nance to allow change, on July 11, 1929, which was laid over until the next meeting . No further action taken. P. F. Pardo applied July 2.5, 1929 for change to business zone of section on Highland Avenue near Darned Road. Hearing held August 8, 19299 and referred to Committee on Ordinances. No further action taken. Hyman Cohen applied Aug. 28, 1930 for change to business zone of section on Highland Avenue at corner of Clark Street. Hearing held and referred to Committee on Ordinances on Septem- ber 11, 1930. No further action taken. On motion of Mr. Wiswall, it was voted that until there is some demand for a change of the zoning law with respect to High- land Avenue the Planning Board is opposed to any change which would in substance prevent its development as a residence zone , and in the opinion of the Planning Board no such demand exists at the present time. The clerk was directed to send the following letter to the City Council: "To the Honorable City Council, Salem, Massachusetts Gentlemen: In conformity with the request of the Committee on Ordinan- ces , the Planning Board has considered the question of re-zoning • Highland Avenue and would report as follows : Highland Avenue was originally zoned for residential purposes for the reason that at the time the zoning ordinance was adopted it was then undeveloped and was one of the few areas of substan- tial size the character of which had not been determined by existing buildings or demand. It obviously afforded an opportunity for a future residential development at such time as the growth of the city might require it. Since the adoption of the ordinance, there has been. a slight te.ndence toward residential building on Highland Avenue. There has been, so far as the Board is aware, practically no demand for business development except in isolated instances separated from each other and bearing no relation to any neighbrohood demand and of no substantial benefit to the city. The Board further believes that the re-zoning of small iso- lated areas along Highland Avenue might permanently destroy the development of that street as a residential street and that there is no corresponding advantage to set against such a permanent destruction of potential values . It is obvious that if at any time a real demand should develop for legitimate business of ad- vantage to the neighborhood or to the City, it would be easy to provide for such business by amending the ordinance when such demand develops. It is equally obvious that if the character of the street is now fixed by. the establishment of a variety of small • and isolated enterprises no subsequent amendment can restore the street to make it available for residential purposes. For these reasons, the Board is firmly and unanimously of i the opinion that the time has not arrived to modify the restric- tions now existing on Highland Avenue. Respectfully submitted, Sale :. Planning Board. " It was voted to accept-the invitation of the Board of Park Commissioners to inspect the proposed municipal golf course. The proposed Marblehead viaduct project was discussed. On motion of T:T.r. Perkins , it was voted that the Chairman be authorized to continue the necessary negotiations with the Town of Marblehead. The Board adjourned at Attest:- Secretary i