Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-01-30
Zoning Bill Is
Given Hearing
Before Judiciary

l. HE judiciary COIIIllltLeC gave
hearing Thursday afternoon on the
coming bill, So-called, relating to the
limitations of buildings in specified
districts of cities and towns. Though
the Legislature had adjourned at
noon, there was a good attendance
OF those interested in the project.
Before actual discussion of the
bill was begun, some time was taken
up while Chairman Hinckley made
an effort to determine whether the
bill as presented was the exact meas
ure desired for Portland.
Rep. Cakes, a member of the COM
mittee. said that while some of the
provisions did not agree with his
own, he presented the bill because
he had overed one at the last seS-
sion of the Legislature.
Harry A. Brinkerhoff. Portland
city manager, explained that the bill
was prepared by the u. S. Depart
ment of Commerce, and was consid-
cred the best compilation of ideas
on the coming problem. He explain
ed coming in general, and said that
Portland was turning to it as
matter of relief when it was found
that buildings obnoxious to certain
districts Were being built, as well as
buildings detrimental to the health
and welfare of certain sections, such
as stores, garages and filling stations.
Harry Wilbur. Portland CORPORA
ton counsel. after it had been agreed
that the greatest progress could be
made by discussion of the bill as
presented, then began to discuss it in
detail.
After making the assertion that
the bill represented the best thought
obtainable on the subject, Mr.. Will
bur explained that it is merely an
enabling act. 1t starts with q grant
or power. in accordance with the
interpretations of police bowers
made by the courts. and authorizes
the legislative bodies of cities and
incorporated villages to make GER
tain regulations and restrictions, rel
ative to the height and size of build
ings. percentage of lot to be occu-
pied, size of yards. density of pop
ulation and location and use Of
buildings and land.
Would you have any objection
to striking out density OF popula-
ton? asked Rep. Nichols of the
committee.
20. no." replied Mr.. Wilbur.
Representative Hale of the COM
mlttee asked if in the case Of q VIII
rage corporation. the corporation or
the entire municipality would exer-
else the coming power. and Mr.. Will
bur said he had not thought of that,
put would guess that each would
nave authority in it's respective area
as a local legislative body"
Section 5 o. the bill, relative to
purposes in view. Nj. Wilbur said
he thought to be superfluous and one
that might Wei be omitted.
Chairman Hinckley of the commit
tee asked If it would not tend to fill
the courts with mandamus and in
junction proceedings, and received a
reply that it might.
The coming commission provided
for by the bill. would establish the
plan, 1t was explained by Mr.. Brink
erhoff, and 1t would be taken care
of in actual operation by the board
or adjustment, also created by the
bill.
Corporation Counsel Wilbur stated
that he would like to amend Section
eight of the bill SO that it would
read that any building constructed
or maintained inside any Of the Zon-
Ing areas Is a nuisance.
Questioned by Senator IIinckley
of Cumberland, the chairman of the
committee, Mr.. Wilbur said that he
certainly did not think that a zon-
ing commission should have the
right to violate any existing statute.
Neal Allen, chairman of the Port
land City Council, when questioned
by Representative Robert Hale of
Portland. member of the commit
tee. as to public demand for such
measure said that a meeting held re-
people were present only two or
three were opposed to the PROPOSE
ton.
Senator Edward S. Anthoine of
Cumberland, who is the president of
the Portland League of Loan and
Building Associations. said that the
association, favored the coming idea.
I'VE are heartily in favor of the
principles embodied in this bill"
said Senator Anthoine. "as we be-