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M W IN. THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL CENTRAL MASSACHUSETTS DIVISION A FK c, .mow 10 MECHANIC STREET, SUITE 301 WORCESTER, MA 01608 MARTHA C;ca. xz. v .ArTORNFY C_sENERAz (508)792-7600 (508)795-1991 fax www.mass.gov/a,go September 11, 2012 Donna M. Hooper, Town Clerk Town of Lexington 1625 Massachusetts Ave. Lexington, MA 02420 RE: Lexington Annual Town Meeting of March 26, 2012 — Case# 6420 Warrant Articles # 34, 35 and 36 (Zoning) Warrant Articles # 32 (General) Dear Ms. Hooper: Articles 32, 34, 35 and 36 — We approve the amendments to the Lexington by-laws adopted under these Articles, and the map related to Article 34, on the warrant for the Annual Town Meeting that first convened on March 26, 2012. We will return the approved map to you by regular mail. Our comments on Article 34 are detailed below. Article 34 — The amendments adopted under Article 34 amended the Town's Zoning By- Law and Zoning Map by changing the district designation of two parcels, 2027 and 2013 Massachusetts Avenue, from the current RS One Family Dwelling District to a CD Planned Commercial District, subject to the Preliminary Site Development and Use Plan dated April 20, 2012. L Attorney General's Standard of Review; Town's Zoning Authority; and the "Uniformity Principle". During our review of the amendments adopted under Article 34 we have received various communications urging our disapproval of the amendments. We appreciate this input, and these communications have aided our review. Pursuant to G.L. c. 40, § 32, the Attorney General has a limited power of disapproval with every "presumption made in favor of the validity of municipal by-laws." Amherst v. Attorney General, 398 Mass. 793, 796 (1986). In order to disapprove any portion of a proposed by-law, the Attorney General must cite an inconsistency between the by- law adopted by the Town and the Constitution or laws of the Commonwealth. Amherst, 398 Mass. at 796. The Attorney General's limited standard of review requires her to approve or disapprove by-laws based solely on their consistency with state and federal law, not on any policy views she may have on the subject matter or wisdom of the by-law. Amherst, 398 Mass.