BOOK 27_1957-06-17 to 1960-07-25

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D 1 (continuation of June 17, 1957, minutes - continued from Minute Book 26) Councilman Spillers moved that this matter be carried on the agenda for thirty days and continue the public hearing. Councilman Granger did not think it was proper to continue this without giving the people a chance to speak before the Council takes action. Councilman Spillers withdrew his motion for the time being. Councilman Herkner stated that he thought they should possibly tell the people what R -3-G zoning is. The Mayor explained the difference between R-3 and R -3-G zoning. The opposition was not in favor of R-3 or R -3-G zoning; they want the property left as is. Mr. Martin Fields asked that the public hearing be considered tonight as it was presented and not proceed with another request. He did not believe they should put this matter over for thirty days. The City Attorney stated that the public: -hearing Is on the petition and that was the matter before the Council at this time. This was followed by discussion. Councilman Weiss was of the opinion that the Council should come to a decision tonight rather than postpone'this.matter. If•the R-3TG zoninglis:1 adopted later'then they can make another request for rezoning. Councilman Granger stated that he thought that they should rule on this petition and when the zoning to R -3-G is adopted then consider another request. Councilman Granger moved that they accept the ruling of the Planning Commission.and when the matter of R -3-G has been approved the petitioners can bring the matter before the Council again. The Mayor stated that this motion was out of order until such time as they closed the public hearing. The following people spoke against the re- zoning; Martin Fields, representing the Redwood Neighbors; A. P. Maineri, 207 Arlington Road; N..A. Nelson, 171 Wellesley Crescent; David H. -Edmonds, 240 Arlington Road; Walter Murphy, 81 Melrose Place; James Hedge, 735 Edgewood Road; D. B. Torrington, 532 Arlington Road; and Leslie L. Neadeau, 3 Hyde Street. Mr. Chester Lebsack, W. H. Thorpe, A. a. Whitmore and Ray Murphy all spoke in favor of the rezoning. Councilman Stout moved that the public hearing be closed, seconded by Councilman Weiss and carried. Councilman Stout moved that they uphold the Planning Commission's recommendation to deny the application, seconded by Councilman Weiss.. Councilman Granger stated that regardless of how he voted that these people could apply for R -3-G zoning when and if it is put into effect. Councilman Spillers stated that he would go along with this if the Council will let.these.people reapply without paying the $150.00 fee for a re- hearing. This was followed by discussion after which the motion carried with Council- man Spillers voting No. Councilman Spillers moved that the petitioners have the right to take this matter back tQ the Planning Commission if they desire and have the $150.00 fee waived when R -3-G is An effect, seconded by Councilman Herkner. Councilman Granger asked if they had ever refunded the application fee when the application was denied. This was followed by discussion and it was the consensus of opinion that the money has never been returned. The Council has the right to waive the fee. The City Attorney recommended that they not refund the money. Councilman Weiss stated that if the Council approved this motion then they would be setting a precedent for all debatable matters which will come before the Council .at a later date. Councilman Herkner withdrew his second. Councilman Spillers stated that he was of the opinion that Councilman Weiss was wrong because R -3-G was new zoning and not in effect at the present time. Councilman Weymouth