Laserfiche WebLink
Page 7 Special Town Meeting October 21, 1970 <br /> Article 11 Ctd: <br /> Woman, from the floor: You are going to amend the zoning map. You <br /> are going to change something. If you are going to keep doing this <br /> you are going to be spot zoning. If this is a change in zoning, <br /> doesn' t it have to go before the zoning board of appeals? <br /> Moderator : No. Just brought in to Town Meeting for a town vote <br /> on it, and this is why I say that this reference to spot zoning <br /> could be misleading. We have had changes in other years to <br /> create business districts - and no one calls it spot zoning. <br /> As far as this meeting is concerned - I don' t think this reference <br /> should be in here. <br /> Question: Who is responsible for its being there? <br /> Garland: We are . We are responsible for the getting out of the <br /> warrant. It is submitted to the Town Counsel for scrutiny as to <br /> whether it is legal and in correct form. There is nothing in <br /> Mass . State Law that forbids comment and explanation. It is <br /> legal, and in good order. I think if the Moderator asks Town Counsel, <br /> he may tell why he chose to add this to the article and return it <br /> to us . <br /> Robert Welsh, Co-Town Counsel : This commentary was added by Town <br /> Counsel . It was not intended this should be printed. It was <br /> simply added for the guidance of officials as this article went <br /> through various stages . Statute calls for written explanations <br /> . .which may be referred to even 20 years after the written report. <br /> Spot zoning refers to a relatively small area differing in' character <br /> from its contiguous area. This poses a question only a court may <br /> decide . (Note : a change as here proposed would seem to bring about <br /> conformity - rather than differential with the contiguous area) <br /> The comment on the article was for consideration, questioning and <br /> guidance and not to be printed. <br /> Rhodin: Could we hear from the sponsor on this? <br /> Moderator: - I don' t see why not unless there is an objection. I <br /> think Mr. Warner is here and could state what he is looking for. <br /> If there are no objections , we may now hear from Mr. Warner. <br /> Warner : Thank you, Mr. Moderator. .. . . . .Ladies, and Gentlemen. <br /> I feel that this was an unfortunate mistake that this reference to <br /> spot zoning was put into the warrant. I am not trying to put any- <br /> one on the spot. I talked with the Town Counsel , and it was <br /> admitted that this should not have appeared. Whether this is spot <br /> zoning, is up to the Attorney General to decide . As far as the <br /> Planning Board recommendations are concerned - I was assured they <br /> felt it was olcey. T_ really feel. T_ rim being abused on thisr, sittuatlon <br /> here totilght . The way the P1antling Board conducted thl,9 , it is <br />