Loading...
HomeMy WebLinkAbout1977-12-05-STM-Warrant RECEWED 1877 NOV 15 AM 9. 35 TOWN WARRANT TOWN OF LEXINGTON LEX.N; 1 i,, M- MASS. Commonwealth of Massachusetts Middlesex, ss. To either of the Constables of the Town of Lexington, in said County, • Greeting: In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of Lexington qualified to vote in elections and in Town affairs to meet in Cary Memorial Hall, in said Town, on Monday, the fifth day of December, 1977, at 8:00 P.M. , at which time and place the following ,articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum pro- vided for by Section eight of said Chapter, as amended. ARTICLE 1. To receive the reports of any board of Town Officers or of any committee of the Town. ARTICLE 2. To see if the Town will vote to accept Chapter 808 of the Acts of 1975 entitled "An Act Further Regulating the Zoning Enabling Act"; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 3. To see if the Town will vote to amend Section 10 of the Zoning By-Law by: 1. Striking the words "General Laws, Chapter 40A, Section 1 to 22 inclusive" and substituting therefor the words "Section 2A of Chapter 808 of the Acts of 1975" 2. Striking the words "and of General Laws, Chapter 143," 3. Striking the word "materials," or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 4. To see if the Town will vote to amend Section 11 of the Zoning By-Law by: 1. Adding a new paragraph at the end of Section 11 as follows: "If the Building Commissioner is requested in writing to enforce this By-Law against any person allegedly in vio- lation of the same and the Building Commissioner declines to act, he shall notify in writing the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen days of receipt of such request." -z 2. Renumbering Subsections 11.3 and 11.4 to 11.4 and 11.5 respectively and adding a new Subsection 11.3 as follows : 11.3 1"Construction on or use of property under a building permit shall conform to any subsequent amendment of this By- Law unless the use or construction is commenced within a period of six months after the issuance of the building permit and in cases involving construction, unless such construction is continued through to completion as con- tinuously and expeditiously as is reasonable." or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 5. To see if the Town will vote to amend the Zoning By-Law by striking Section 14 and substituting therefor: SECTION 14. All amendments to these By-Laws shall be made in a manner conforming with Section 5 of Chapter 40 A of the General Laws. or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 6. To see if the Town will vote to amend Section 40 of the Zoning By-Law as follows by: 1. Adding three new definitions as follows: SPECIAL PERMIT GRANTING AUTHORITY: The authority empowered to grant special permits, which shall be the Board of Appeals unless some other board is so designated in these By-Laws. SPGA: Special Permit Granting Authority. CLUSTER DEVELOPMENT: A subdivision of land for one family dwellings on lots having reduced area or frontage or both, subject to a special permit issued in accordance with the provisions of Section 33. 2. Striking PLANNED UNIT DEVELOPMENT and its definition. 3. Striking the words "Part 4" in the title of the Section. 4. Striking the title "Section 40" and replacing it with the title "Section 1". or act in any other manner in relation thereto. (Inserted at the request of Planning Board) -3- ARTICLE 7. To see if the Town will vote to amend Sections 12, 12.1, and 12.2 of the Zoning By-Law by: 1. Striking the second paragraph of Section 12. 2. Striking Section 12.1 and substituting therefor: Section 12.1 Appeals - The Board of Appeals shall hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of Chapter 40A, General Laws, by the regional planning agency in whose area the Town is situated or by any person including an officer or board of the Town, or of any abutting city or town aggrieved by an order or decision of the Building Com- missioner, or other administrative official in violation of any provision of Chapter 40A, General Laws, or of this By-Law. 12.11 Such appeal shall be taken within thirty days from the date of the order or decision being appealed, by filing three copies of a notice of appeal, specifying the grounds therefor, with the Town Clerk. The Town Clerk shall forth- with transmit said copies to the officer or board whose decision is being appealed, and to the Board of Appeals. The Board of Appeals shall hold a hearing on any appeal within 65 days of the filing, shall properly serve notice of such hearing, and shall render its decision within 75 days of the filing. 3. Striking Section 12.2 and substituting therefor: Section 12.2 Special Permits - The Special Permit Granting Authority shall hear and decide applications for special permits for uses as provided in this By-Law, subject to any general or specific rules therein contained, and subject to appropriate conditions, safeguards and limitations on time or use. In granting a special permit, the SPGA shall impose such additional conditions and safeguards as furthers the following objectives of Section 2A of Chapter 808 of the Acts of 1975: To lessen congestion in the streets, to conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to facilitate the adequate provision of drainage, parks, open space and other public requirements; to encourage housing for persons of all economic levels; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; to encourage the most appropriate use of lands throughout the Town and to preserve and increase amenities. Such special permit may be granted when in the judgment of the SPGA the public welfare and convenience will be sub- stantially served thereby, where a requested permit will not tend to impair the status of the neighborhood, and only for uses which are in harmony with the general purpose and intent of this By-Law. -4- 12.21 At the time of filing the applicant shall file one copy with the Town Clerk and five copies with the Special Permit Granting Authority which shall forth- with deliver copies to the Planning Board, Conservation Commission, Board of Health and Town Engineering Depart- ment. The SPGA shall hold a hearing on any properly completed application within 65 days after filing, shall properly serve notice of such hearing, and shall render its decision within 90 days of said hearing. 12.22 Construction on or use of property under a special permit shall conform to any subsequent amendment of this By-Law unless the use or construction is commenced within six months after the issuance of the permit and in cases involving construction, unless such construction is con- tinued through to completion as continuously and expedi- tiously as is reasonable. A special permit shall lapse two years from the granting thereof or such shorter time as specified in said permit if a substantial use therof has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date except for good cause, but such period shall be extended by the time required to pursue or await determination of an appeal. or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICT.F 8. To see if the Town will amend the Zoning By-Law by striking Section 12.3 and substituting therefor the following: Section 12.3 Variances - The Board of Appeals may authorize upon appeal or upon petition with respect to particular land or structures a variance from the terms of this By-Law pro- vided however that the Board of Appeals shall not grant a use variance. The Board of Appeals may grant a variance if it specifically finds that owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the By-Law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, provided that said variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-Law. The Board of Appeals may impose conditions, safeguards and limitations both of time and of use. 12.31 Requests for a variance shall be made by filing two copies with the Board of Appeals and one copy with the Town Clerk; the Board of Appeals shall forthwith transmit one copy to the Planning Board. The Board of Appeals shall hold a hearing on any request for a variance within 65 days of the filing, shall properly serve notice of such hearing, and shall render its decision within 75 days of the filing of the appli- cation. -5- 12.32 If the rights authorized by a variance are not exercised within one year of the date of the grant thereof, they shall lapse, and may be reestablished only after due notice and public hearing as provided in Chapter 40A, General Laws. or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 9. To see if the Town will amend the Zoning By-Law by establishing a new Section 2 as follows: Section 2. The Special Permit Granting Authority, as a condition of granting a special permit may require that the performance of the conditions and observance of the safeguards of such special permit be secured by one, or in part by one and in part by the other, of the methods described in the following clauses (1) and (2) . The SPGA shall administer this securing of performance. (1) By a proper bond or a deposit of money or negotiable securities or letter of credit, sufficient in the opinion of the SPGA to secure performance of the conditions and observance of the safeguards of such special permit. (2) By a covenant, executed and duly recorded by the owner of record, running with the land, whereby the conditions and safeguards included in such special permit shall be performed before any lot may be con- veyed other than by mortgage deed. Nothing herein shall be deemed to prohibit a conveyance by a single deed, subject to such covenant of the entire parcel of land, the development of which is governed by the special permit. 2.1 Until completion of the development the penal sum of any deposit or security held under clause one (1) above may from time to time be reduced by the SPGA by an amount not to exceed 85% of the value of work originally estimated. 2.2 Upon the completion of the development or upon performance of the conditions and safeguards imposed by such special permit, security for the performance of which was given, the applicant shall send by registered mail to the SPGA an affidavit that the conditions and safeguards in connection with which such security has been given have been complied with. If the SPCA determines that the conditions and safeguards of the special permit have been complied with, it shall release the interest of the Town in such security, return or release the security to the person who furnished the same, or release the covenant by appropriate instrument, duly acknowledged. If the SPGA determines that the conditions or safeguards included in the special permit have not been complied with, it shall specify the conditions or safeguards with which the applicant has not complied in a notice sent by registered or certi- fied mail, to the applicant. If the SPGA fails to send such a notice within sixty days after it receives the applicant's affidavit, all obligations under the security shall cease and terminate, any -6- deposit shall be returned and any such covenant become void. Upon failure of the applicant to complete such work to the satisfaction of the SPGA and in accordance with all applicable plans, regulations and specifications, the Town shall be entitled to enforce such bond or to realize upon such securities to the extent necessary to complete all such work without delay. or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 10. To see if the Town will vote to amend Section 33 of the Zoning By-Law by striking it out and substituting therefor the following: SECTION 33. CLUSTER DEVELOPMENT. The Planning Board shall be the SPGA for the purposes of this section and may grant a special permit for any tract of land of ten (10) acres or more to be sub- divided as a cluster development, subject to the requirements and conditions described below. 33.1 The general objectives of cluster developments are to encourage: 33.11 Preservation of open space for conservation, outdoor recreation or park purposes 33.12 Better utilization of natural features of the land through a greater flexibility of design 33.13 More efficient provision of municipal services. 33.2 The number of building lots in any tract of land for which a special permit is issued shall not exceed such number of lots usable for building under the laws of the Commonwealth and the By-Laws of the Town, and conforming to the area and frontage requirements specified for RO district in Section 27 hereof as could be contained in 85 percent of the area of the tract to be subdivided. 33.3 At least 25 percent of the total area of such tract shall remain unsubdivided,and, except as provided below, unbuilt upon, and shall be used for conservation, outdoor recreation or park purposes. 33.31 Such unsubdivided land may be in one or more parcels of a size and shape appropriate for its intended use as determined by the Planning Board. -7- 33.32 Such unsubdivided land shall be conveyed to and accepted by the Town of Lexington, to all home- owners within such tract jointly, or to a trust, the beneficiaries of which shall be the homeowners within such tract, which shall have as one of its purposes the maintenance of such land for conservation, rec- reation or park purposes, or to a non-profit organi- zation, the principal purpose of which is the con- servation of open space. The future ownership of such unsubdivided land, which may differ from parcel to parcel, shall be specified by the Planning Board as a condition of the special permit. 33.33 When such unsubdivided land is conveyed to persons other than the Town of Lexington, the Town shall be granted an easement over such land sufficient to ensure its perpetual use and maintenance as conservation, recreation or park land. 33.34 Access at least 40 feet wide shall be provided to each parcel of such unsubdivided land from one or more streets in the subdivision. Such access shall be identified in a manner as specified by the Planning Board in the conditions of the special permit. 33.35 A maximum of 20 percent of such open land (if the special permit so provides) may be devoted to paved areas and structures used for or accessory to active outdoor recreation, and consistent with the open space uses of such land. The Planning Board shall impose such conditions and requirements with respect to such open land to ensure that at the completion of the development such land will be in a condition appropriate to its intended use. 33.4 The following minimum standards shall be observed with respect to any reduction of street frontage or lot area permitted in a cluster development: 33.41 Street frontage for each lot may be reduced to not less than 120 feet, lot area may be reduced to not less than 20,000 square feet. 33.42 The street frontage may be further reduced on curves in accordance with the provisions of Paragraph 26.55 of this By-Law. 33.5 The application for a special permit for a cluster develop- ment shall be accompanied by a preliminary subdivision plan and an order of conditions issued by the Conservation Commission pursuant to Article XXXIII of the General By-Laws of the Town of Lexington, or a determination by the Conservation Commission that Article XXXIII is not applicable or that conditions are not necessary. In addition to the information required by Rules and Regulations of the Planning Board to be shown on preliminary subdivision plans, such plan for a cluster develop- ment shall show the following: -8- 33.51 Soil culture of the land, such as wooded, pasture, rock outcrops or swampy. 33.52 Proposed landscaping and use of land which is to be reserved for conservation, recreation or park use, including any proposed structures thereon. 33.6 In determining whether to grant a special permit for a proposed cluster development which meets the minimum standards stated herein, the Planning Board shall consider: 33.61 The appropriateness of the proposed development and the extent to which it accomplishes the objectives of cluster development. 33.62 The existing and probable future development of surrounding areas. 33.63 The appropriateness of the proposed development in relation to topography, soils and other character- istics of the tract in question. 33.64 Its determination as to the number of lots usable for building. 33.65 The Planning Board shall cause to be made and filed a detailed record of its proceedings indicating the vote of each member and setting forth clearly the reasons for its decision which shall at least include its findings with respect to those matters enumerated in Sections 12.2, 33.61, 33.62, 33.63, and 33.64 of this By-Law. 33.7 Nothing contained herein shall in any way exempt a proposed subdivision from compliance with other applicable provisions of these By-Laws or the Subdivision Rules and Regulations of the Planking Board, nor shall it in any way affect the right of the Board of Health and of the Planning Board to approve, with or without conditions and modifications, or disapprove a sub- division plan in accordance with the provisions of such Rules and Regulations and of the Subdivision Control Law. 33.8 The Planning Board shall not grant a special permit for the subdivision of land into lots having the reduced area and frontage, as provided for in this subsection, if it appears that because of soil drainage, traffic or other conditions the granting of such permit would be detrimental to the neighbor- hood or to the Town or will be unlikely to further the purposes of cluster development, or if the uses, shape, size or location of the unsubdivided land are incompatible with the purposes of this section. -9- 33.9 The Planning Board, as a condition of the granting of a special permit under this section, may require that the performance of con- ditions and observance of the safeguards of such special permit be secured in accordance with Section 2 of this By-Law. 33.10 Subsequent to a special permit granted the Planning Board under the provisions of this Section 33, and the approval of a definitive plan of a subdivision by the Planning Board, the location of side and rear lines of lots in such subdivision may be revised from time to time in accordance with applicable laws, by-laws and regulations. Any change in the number of lots, the lines of streets, the reserved open space, its ownership or use, or any other conditions stated in the original special permit shall require a new special permit issued in accordance with the provisions of this By-Law. or act in any other manner in relation thereto. (Inserted at the request of Planning Board) -10- ARTICLE 11. To see if the Town will vote to amend the Zoning By-Law by striking Section 30.3 and substituting therefor the following: 30.3 A lawfully existing, non-conforming, one or two family dwelling may be extended or enlarged provided such extension or enlargement does not increase the non-conformity and does not violate any dimensional control applicable at the time of the extension or enlargement. Any other non-conforming building or use shall not be extended or enlarged except with a special permit granted under the provisions of Subsection 12.2 of this By-Law. or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 12. To see if the Town will vote to amend Section 38 of the Zoning By-Law by striking it out and substituting therefor the following: SECTION 38: Planned Unit Development District - RD 38.11 General Objectives. The RD District is intended to allow greater flexibility in land use planning for the development of tracts of land in terms of density, preservation of open spaces, utilization of natural features, provision of municipal services and providing a variety of housing types and styles; to ensure that site development plans will be presented to the Town Meeting in connection with a proposal to rezone a tract of land to RD; and to enable the Board of Appeals to require adherence to such site development plans in the granting of a special permit as hereinafter described. 38.12 Land Uses and Dimensional Control in the Absence of Special Permit. Except where a special permit has been granted by the Board of Appeals pursuant to the procedure hereinafter described, land uses and dimensional controls in RD districts contained within the geographical limits of the RS district, as defined in Subsection 22.2 shall be the same as those of the RS district, and within the geographical limits of the RO districts shall be the same as those of the RO districts. 38.13 Any development permitted in an RD district shall comply with the Schedule of Dimensional Controls for RD districts set out in section 27 of this By-Law and the subdivision of land. Interior drives within an RD develop- ment shall be designed to such street standards as the Planning Board may require in accordance with such Rules and Regulations. -11- 38.14 Compliance with Other Rules and Regulations. Nothing contained herein shall in any way exempt a proposed subdivision in an RD district from compliance with the rules and regulations of the Planning Board, nor shall it in any way affect the right of the Board of Health and of the Planning Board to approve, with or without modifications, or disapprove a subdivision plan in accordance with the provisions of such rules and regulations and of the subdivision control law. 38.15 Town Meeting Presentation. Every proposal presented to the Town Meeting for rezoning land to an RD zone shall include a site development plan which shall show in a general manner, drawn to scale, the proposed locations, types and floor plans for proposed building and other structures, proposed locations, design and dimensions of streets, drives, parking areas and other paved areas, the proposed grading, drainage system, and location of major utilities in the develop- ment, and the open space. The site development plan shall show the proposed dwelling unit density, total floor area and the extent of open space or shall be accompanied by a tabulation of the same. A copy of the site development plan, which shall be deemed to include any literature and commitments, authorized by the developer which has been presented to Town Meeting shall be filed with the Town Clerk before the vote and shall be part of the site development plan. 38.16 There shall be provided at least 1 1/2 parking spaces per dwelling unit, located in parking lots or in garages or under or within buildings which contain dwelling units. 38.17 Permissible housing types include all single and multiple-occupancy housing types used for human occupancy. Any type of ownership may be permitted. The site develop- ment plan may also include non-residential uses which will serve primarily the inhabitants of such planned unit development provided such non-residential uses will enhance the character, amenities and convenience of those who will live in the planned unit development. 38.18 At least 25 percent of the total area or two acres of such tract, whichever is greater, shall, except as provided below, remain unbuilt upon and set aside for conservation, outdoor recreation or park purposes or buffer areas. Such open land shall be in addition to required front, side and rear yards and may be in one or more parcels of a size and shape appropriate for the intended use and may be conveyed either to and accepted by the Town or its Conservation Commission, to a legal association comprised of the homeowners within such tract, or to a non-profit organization the principal purpose of which is the conser- vation of open space. Such open land shall be included -] - in the total tract area for the purpose of computing dwelling unit density of the tract. The future ownership of such open land, which may differ from parcel to parcel, shall be specified by the Board of Appeals as a condition of the special permit, but when such open land is conveyed to persons other than the Town of Lexington, the Town shall be granted an easement over such land sufficient to insure its perpetual use as conservation, recreation or park land or buffer area. A maximum of 20 percent of such open land may be devoted to paved areas and structures used for or accessory to active outdoor recreation and consistent with the open space uses of such land. 38.19 Planning Board Report. The Planning Board, in its report to the Town Meeting, required by law, shall include its opinion of whether or not the proponent has prepared sufficient data to give reasonable assurance that the development will conform to the site development plan with respect to the location, layout and design of proposed buildings, drives, and streets, to the density, type and design of floor plans and dwelling units, and with respect to the anticipated selling price or rental (as the case may be) , if included in the presentation to Town Meeting. 38.2 Application Requirements. The application to the Board of Appeals for a special permit under this section shall be accompanied by the following plans and supporting materials, copies of which shall also be submitted to the Planning Board. 38.21 Plan of the tract showing topography, soil culture, existing streets and structures within and contiguous to the tract. 38.22 Where a subdivision of land is involved, a preliminary subdivision plan, which may be combined with the plan required under the preceding paragraph. 38.23 Site development plans showing the proposed grading of the tract and the proposed locations, dimensions, materials and types of construction of streets, drives, parking areas, walks, paved areas, utilities, open space, planting, screening, landscaping and other improvements and the locations and outlines of proposed buildings. 38.24 Preliminary architectural drawings for building plans including typical floor plans, elevations and sections. 38.25 A tabulation of proposed buildings by type, size (number of rooms, floor area) , ground coverage and summary showing the percentages of the tract to be occupied by buildings, parking and other paved vehicular areas, and the amount of open space. 38.26 An order of conditions issued by the Conservation Commission pursuant to Article XXXIII of the General By-Laws or a determination by the Conservation Commission that Article XXXIII is not applicable or that conditions are not necessary. -13- 38.3 Planning Board Report and Recommendations. The Planning Board shall submit in writing to the Board of Appeals its report and recommendations as to the appropriateness of the proposed development, to include at least the following: 38.31 A general description of the tract in question and surrounding areas. 38.32 An evaluation of the probable impact of the proposed development on Town services and facilities. 38.33 A review of the proposed development, including such aspects as the type or style of buildings, the size of development (number of dwelling units) and density per acre, the arrangement or layout design of buildings and site improvements, the location and capacity of parking, the pro- visions for open space within the development, grading, land- scaping and screening, the provisions for access, egress and traffic within the development and on adjacent streets. 38.34 An opinion of the Planning Board whether the site, the proposed development layout, the proposed number, type and design of housing will constitute a suitable development compatible with the surrounding area. 38.35 A statement that the developer's plans comply with the Design Standards of the Planning Board's Rules and Regulations Governing the Subdivision of Land. Wherever such plans do not comply, the Planning Board's report shall state. In granting a special permit, the Board of Appeals may rely upon the Planning Board's statement that the developer's plans comply with such Design Standards. 38.36 Recommendations for the granting or denial of the special permit, including recommendations for modifications, restrictions or requirements to be imposed as a condition of granting the special permit. 38.37 New Site Development Plans. In the event that a developer proposes to develop a tract of land in an RD District according to site development plans which the Planning Board determines are substantially different from the site develop- ment plans presented at the time the Town Meeting voted to include such land in the RD District, such different site development plans shall first be presented to and receive the approval of the Town Meeting by a vote of two-thirds of those present and voting, prior to any action thereon by the Board of Appeals. 38.38 Board of Appeals Action. The Board of Appeals shall not take any action on an application for a special permit for RD district development until the Planning Board shall have submitted its written recommendations to the Board of Appeals or thirty days have elapsed from the date of submission of the application. Where its decision differs from the recommendations of the Planning Board, the Board of Appeals shall state in its decision the reasons therefor. -14- 38.4 Special Permit Provisions. The Board of Appeals may grant a special permit for the development of any tract of land in an RD district, based on a determination that the proposed development will be consistent with the development as approved by the Town Meeting and consistent with the general objectives of the RD District development, and subject to the following standards: 38.41 The special permit shall incorporate by reference building design and site development plans presented to the Town Meeting. The Board of Appeals may, in its dis- cretion, permit deviations from the site development plans presented to the Town Meeting, provided, however, that the Board shall not permit any increase in the dwelling unit density, nor shall it permit an increase greater than 10% in the total floor area, as presented to the Town Meeting. Nor shall the Board of Appeals authorize any non-residential use other than shown in the site plan presented to Town Meeting. 38.42 The Board of Appeals may require dwelling unit density to be less than that shown on the site development plans pre- sented to the Town Meeting, if the Board determines that proper land use planning so requires, but in such event, the Board shall file with its decision the basis for its determination, including, among other factors, soil conditions, drainage, traffic or other neighborhood conditions brought to the Board's attention, and the provision of the usable open space. The Board may permit an increase in the number of dwelling units by as much as 25% over that shown on the site development plan approved by the Town Meeting due solely to the addition of low and moderate income housing, as defined in Section 36 of this By-Law. In such case, the applicant shall provide to the Board sufficient evidence of appropriate financing for such low and moderate income dwelling units. 38.43 The Board of Appeals may permit the construction and use of facilities such as a community center or recreation center, including without limitation swimming and tennis facilities, primarily for the use of residents of the tract, if the Board determines that the inclusion of such facilities would be appropriate by reason of such factors as the size of the tract, the number of its residents and its geographical location. 38.44 In granting a special permit, the Board of Appeals shall impose as a condition thereof that the installation of municipal services and construction of interior drives within the RD development shall comply with the requirements of the Planning Board's Rules and Regulations Governing the Subdivision of Land; and may impose such additional conditions and safeguards as public safety, welfare and convenience may require, either as recommended by the Planning Board or upon its own initiative. Special permits issued hereunder shall lapse if no building permit issues within two years of the date of the special permit, unless the Board of Appeals upon application extends this time. -15- 38.5 Amendment and Revision of Special Permit. The Board of Appeals upon application by the developer and after hearing, may amend a special permit previously granted, but only in accordance with the standards hereinbefore set out. 38.51 Revisions. Subsequent to a special permit granted by the Board of Appeals under the provisions of this section and where applicable, the approval of a definitive sub- division plan by the Planning Board, minor revisions may be made from time to time in accordance with applicable laws, by-laws and regulations, but the development under such special permit shall otherwise be in accordance with the submission accompanying the developer's application for a special permit, except as modified by the decision of the Board of Appeals. The developer shall notify in advance the Board of Appeals of any such revision. If the Board of Appeals determines such revisions not to be minor it shall order a hearing pursuant to Section 38.5, hereof. 38.6 Denial of Special Permit. The Board of Appeals may deny an application for special permit hereunder and base its denial upon: 38.61 A failure to meet the standards established by Section 38 of this By-Law. 38.62 A finding that the proposed development would not be consistent with the general objectives of RD district development. 38.62 A finding that the proposed development does not substantially conform to the plans for the development of the tract presented to the Town Meeting in connection with the proposed rezoning of the tract to RD. 38. 7 Security. The Board of Appeals, as a condition of granting of a special permit under this section may require the performance of the conditions and observance of the safeguards of such special permit be secured in accordance with section 2 of this By-Law. 38.8 Severability. In the event that any portion of the special permit procedure established herein shall later be invalidated, whether by judicial decree or otherwise, special permits pre- viously issued by the Board of Appeals hereunder shall remain valid. or act in any other manner in relation thereto. (Inserted at the request of Planning Board) -16- ARTICLE 13. To see if the Town will vote to amend the Zoning By-Law by adding thereto the following Section 39 entitled "Site Plan Review and Special Permits for Conventional Subdivisions": SECTION 39. Site Plan Review. Except for subdivisions governed by Sections 33, 36 and 38 of this By-Law, no person shall commence develop- ment of any subdivision in a residential district without first obtaining a special permit from the Planning Board under the provisions of this Section 39. 39.1 The general objectives of this section are to insure insofar as is practicable the achievement of the objectives of Section 2A of Chapter 808 of the Acts of 1975. 39.2 Special permits issued under this section shall contain reasonable orders, conditions and requirements concerning the placement of buildings, major topographic changes, provisions for surface and ground water drainage, protection against flooding and inundation, prevention of water pollution and environmental damage, erosion control, protection of large trees, location of driveways, streets and intersections of driveways and streets as are necessary, desirable and practical to further sound development and design and to avoid substantial detriment to the neighborhood in which the development is to occur. 39.3 Applications for a special permit shall contain a site plan and an order under provisions of Chapter XXXIII of the General By-Laws, or a determination by the Conservation Commission that Article XXXIII is not applicable or that an order of conditions is not necessary. Such application and site plan include detailed data covering the elements subject to the imposition of conditions, orders and requirements pursuant to Section 39.2, and shall include information as to proposed landscaping, including a description of types, size and location of proposed trees and shrubs in such development. The Planning Board may require further information with respect to such elements. 39.31 Such application shall be filed either before or simultaneously with the filing of a definitive subdivision plan, as defined in the Subdivision Control Law of the Commonwealth of Massachusetts, and shall be accompanied by a reasonable filing fee. 39.4 Insofar as practicable, the public hearing on the application shall be held at the same meeting at which the Planning Board holds the public hearing on the definitive subdivision plan under the Subdivision Control Law. The Planning Board shall take action on said application not more than two weeks after it has taken action on the definitive subdivision plan. Such action shall consist of a finding and determination that the proposed development be subject to such conditions or requirements as the Board reasonably may determine are necessary and desirable to ensure that so far as is practicable the proposed development will constitute a suitable development, will not result in substantial detriment to the neighborhood and it will further the purposes and objectives of the Zoning By-Law and the Zoning Acts. -17- 39.41 The period within which final action shall be taken may be extended for a definite period by mutual agreement of the Planning Board and the applicant. In the event that the Planning Board determines that the site plan and data presented to it at the public hearing are inadequate to permit the Board to make a finding and determination, it may, in its discretion, either deny the application without prejudice or adjourn the hearing to a later date to permit the applicant to provide additional data or revisions of the site plan or both, provided, however, that such postponement shall not extend the period within which final action under this Section must be taken by the Board, unless such period is extended to a day certain by mutual assent of the Board and the applicant. 39.42 The Planning Board shall cause to be made and filed a detailed record of its proceedings indicating the vote of each member and setting forth clearly the reasons for its action or inaction on each application. 39.43 In the event that the Planning Board shall fail to take final action on an application within the period herein before limited after the filing with the Board of an application for a finding and determination, or within such extended period as shall have been mutually agreed upon as herein provided, then upon the expiration of the period within which action must be taken or an extension thereof, said Board shall be deemed to have granted the application and issued the permit request. 39.5 The Planning Board may require as a condition of granting a special permit under this Section, that the performance of the conditions and observance of the safeguards of such special permits be secured in accordance with Section 2 of these By-Laws. or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 14. To see if the Town will amend the Zoning By-Law as follows by: 1. Adding a new definition to Section 1 after "TEMPORARY STRUCTURE" as follows: USABLE BUILDING AREA: That portion of a lot which meets all setback requirements from lot lines, streets, or bodies of water referred to in Section 27.1 of the By-Law. 2. Adding to Section 27 - Schedule of Dimensional Controls, a new line "Usable Building Area" with the figures "18,500 sq. ft." under the heading RO; "7,250 sq. ft." under the heading "RS and RT"; and "NR" in all of the other columns. 3. Adding at the end of Section 33.41: "usable building area may be reduced to not less than 10,750 sq. ft. ;". or act in any other manner in relation thereto. (Inserted at the request of Planning Board) -18- ARTICLE 15. To see if the Town will Vote to amend Section 25 of the Zoning By-Law by adding thereto a new Subsection 25.17 - "Municipal Buildings and Public School Buildings Converted to Residential Uses. (SPS** in all columns) . **Special permits under this section governed by Section 28 - Converted Municipal Buildings and Public School Buildings,'; and by adding thereto a new Section 28 entitled "Special Permits for Converted Municipal Buildings and Public School Buildings" as follows: SPECIAL PERMITS FOR CONVERTED MUNICIPAL BUILDINGS AND PUBLIC SCHOOL BUILDINGS 28.11 This Section is intended to allow the conversion of municipal buildings in a manner which encourages practical residential develop- ment, which is compatible with the neighborhood, and which encourages development of economically priced and a variety of housing, and fosters flexibility and creativity of development. 28.12 Special Permits for the conversion of municipal buildings shall be governed by this Section and Section 13 of this By-Law. 28.13 The Board of Selectmen shall be the Special Permit Granting Authority. 28.14 The Planning Board shall hold a public hearing on a site development proposal - prior to Town Meeting. The procedure for such public hearing shall be governed by the procedure governing hearings on pro- posed amendments to the Zoning By-Law. 28.15 Permissible housing types and forms of ownership include all single and multiple occupancy housing types, and any mix thereof, and forms of ownership permissible under law. 28.16 The site development proposal for such conversion shall show in a general manner with plans drawn to scale, the floor plan, exterior design, housing types and estimated sales prices or rentals as the case may be, landscaping, accessory buildings, parking areas and other paved areas, dwelling unit density and total floor area. The site plan shall be pre- sented to the Town Meeting for its approval, by a majority of those present and voting. 28.17 The Planning Board shall report to the Town Meeting concerning the suitability of the proposal, its contribution to the furtherance of the objectives of this Section, and its likely impact on the neighborhood, town services and facilities. 28.18 After approval by the Town Meeting, the Special Permit Granting Authority may grant a special permit which shall incorporate by reference the site development proposal approved by the Town Meeting. The special permit shall conform substantially to the site development plan which the Town Meeting has approved. The Board of Selectmen may, in its discretion, permit minor deviation from the site development plan which the Town Meeting has approved. 28.19 The Special Permit Granting Authority and the Planning Board shall, in acting upon applications for special permits, be governed by Section 13 of this By-Law. or act in any other manner in relation thereto. (Inserted at the request of Planning Board) f -19- ARTICLE 16. To see if the Town will vote to authorize the Selectmen to petition the General Court for an amendment to Chapter 447 of the Acts of 1956, as amended, entitled "An Act Establishing An Historic Districts Commission For The Town Of Lexington And Defining Its Powers And Duties, For Establishing Historic Districts In The Town of Lexington" to expand the Battle Green District to include the Hancock School property, or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 17. To see if the Town will authorize the Selectmen to convey the Hancock School property located at the corner of Forest Street and Clarke Street, consisting of the building and approximately 1.5 acres of land more or less, to a buyer approved by the Selectmen and the members of the Town Meeting; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 18. To see if the Town will authorize the Selectmen to convey a parcel of land on the southerly side of Woburn Street containing . 79 acres, more or less, shown as parcel A-2 on plan entitled "Plan of Land in Lexington, Mass." dated June 25, 1968, Albert A. Miller, Wilbur C. Nylander, Civil Engineers and Surveyors recorded in Middlesex South Registry of Deeds Book 11563, Page 3, to the Lexington Housing Authority; or act in any other manner in relation thereto. (Inserted at the request of Housing Authority) ARTICLE 19. To see if the Town will vote to amend the Zoning By-Law by inserting a new subsection 22.49 as follows: "A district off the southerly side of Woburn Street as shown on the Zoning District Map No. RM-7 entitled "RM Garden Apartment Districts", designated thereon 22.49." or act in any other manner in relation thereto. (Inserted at the request of Housing Authority) -20- ARTICLE 20. To see if the Town will authorize the Selectmen to abandon road, sewer, drain and water easements granted to the Town by George J. DeVries and John S. DeVries, a partnership doing business as Lexington Development Company, by instrument dated November 2, 1959, recorded with Middlesex South Registry of Deeds, Book 9492, Page 188, as such rights and easements cross Lots 9, 10, 11, 12, 13, 14, 15, 16 and 17 on an approved subdivision plan entitled "Lowell Estates, Section 2 in Lexington, Mass.", recorded with said Registry, Book 12910, Page 246, for the benefit of Village Development Corp. , or act in any other manner in relation thereto. (Inserted at request of Planning Board) ARTICLE 21. To see if the Town will make an appropriation for the current fiscal year, in addition to those authorized under Articles 4 and 5 of the warrant for the 1977 Annual Town Meeting, to fund cost items included in a collective bargaining agreement reached between the Town and International Association of Firefighters Local 1491 and determine whether the money shall be provided by transfer from available funds, including any special funds; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -21- ARTICLE 22. To see if the Town will vote to authorize the Selectmen to petition the General Court for an amendment to Chapter 215 of the Acts of 1929 as amended entitled "An Act To Establish In The Town Of Lexington Representative Town Government By Limited Town Meetings" which amendment would (i) allow not less than six nor more than twelve precincts, (ii) eliminate the chairman of the cemetery commissioners as a town meeting member at large, (iii) eliminate the requirement of posting notices of adjourned town meetings in five or more public places and mailing notices to town meeting members, and (iv) bring the time for filing nomination papers for new town meeting members and incumbent town meeting members in line with Chapter 53, Section 10 of the General Laws; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -22- ARTICLE 23. To see if the Town will vote to amend the Zoning By-Law by adding thereto a new Section 39 as follows: SECTION 39 CONTROLLED COMMERCIAL DISTRICT--CD 39.11 Dimensional Control in the Absence of Special Permit. Dimensional controls in CD Districts shall be the same as those of the CH District, except where a special permit is granted by the Board of Appeals. 39.12 General Objectives. The CD District is intended to allow greater flexibility in land use planning for the development of tracts of land greater than five (5) acres, in terms of density, preservation of open spaces, utilization of natural features, provision of municipal services and providing an appropriate site for uses permitted in CR, CM and CH Districts and those uses allowed in sections 25.53 and 25.54; to insure that site development plans will be presented to the Town Meeting in connection with a proposal to rezone a tract of land to CT; and to enable the Board of Appeals to require adherence to such site develop- ment plans in the granting of a special permit as hereinafter described. 39.13 Town Meeting Presentation. The site development plans presented to the Town Meeting for the proposed development shall show in a general manner, but drawn to scale, the pro- posed locations, types, floor plans and designs for proposed buildings, accessory structures, drives, parking areas, exterior lighting plans, the proposed grading, bodies of water, brooks, streams, drainage system and the proposed location of open space. The said plans should show the proposed use and density of building and the extent of open space. A copy of the said plans shall be filed with the Town Clerk prior to the presentation to the Town Meeting. 39.2 Special Permit Provisions. After approval of the plans by Town Meeting, the Board of Appeals may grant a special permit for the development of any tract of land greater than five (5) acres in a CD District, subject to the following standards: 39.21 The special permit shall incorporate by reference building design and site development plans filed by the developer, together with its application for a special permit and such plans shall conform substantially to the plans approved by the Town Meeting. The Board of Appeals may, in its discretion, permit minor deviations from the plans presented to the Town Meeting, pro- vided however, that the Board shall not permit any increase in the building or parking area as presented to the Town Meeting in excess of ten (10%) percent of the floor area of the building or accessory structures or of the parking area as proposed. -23- 39.3 Amendment of Special Permit. The Board of Appeals, upon application of the developer and after hearing, may amend a special permit previously granted, but only in accordance with the standards hereinbefore set forth. 39.4 Application Requirements. The application to the Board of Appeals for a special permit under this Section shall be accompanied by the plan showing the parcel involved, its topography, soil culture, proposed location, dimensions, materials and type of construction of drives, parking areas, exterior lighting plans, exterior signs, open space, planting, screening, landscaping and other improvements and the location and outlines of proposed buildings and accessory buildings and such conditions as may have been attached to the proposed development by the Conservation Commission. It shall also contain preliminary architectural drawings for the building plans, in- cluding typical floor plans, elevations and sections. Copies of the aforesaid plans shall be submitted to the Planning Board. 39.5 Planning Board Report and Recommendations. The Planning Board shall submit in writing to the Board of Appeals its report and recommendations as to the appropriateness of the proposed development, to include at least the following: 39.51 A general description of the tract in question and surrounding areas. 39.52 An evaluation of the probable impact of the proposed development on Town services and facilities. 39.53 A review of the proposed development, including such aspects as the type or style of buildings, the size of development and density per acre, the arrangement or layout design of buildings and site improvements, the location and capacity of parking, the provisions for open space within the development, grading, landscaping and screening, the provisions for access, egress and traffic within the development and on adjacent streets. 39.54 An opinion of the Planning Board whether the site, the proposed development layout, the proposed development will constitute a suitable development compatible with the surrounding area. 39.55 Recommendations for the granting or denial of the special permit, including recommendations for modifications, restrictions or requirements to be imposed as a condition of granting the special permit. 39.6 Board of Appeals Action. The Board of Appeals shall not take any action on an application for a special permit for CD District development until the Planning Board shall have submitted its written recommendations to the Board of Appeals or thirty (30) days have elapsed from the date of submission of the appli- cation. Where its decision differs from the recommendation of the Planning Board, the Board of Appeals shall state in its decision the reasons therefor. -24- 39. 7 Denial of Special Permit. The Board of Appeals may deny an application for a special permit hereunder and base its denial upon a finding that the proposed development does not substantially conform to the plans for the development of the tract approved by the Town Meeting in connection with the proposed rezoning of the tract to CD or the plans do not conform to the standards established under Section13.3. If the denial is made by the Board of Appeals, as provided herein, and unless a new petition is filed within 180 days of the denial of the Board of Appeals and the subsequent petition is approved, then the rezoning of the affected parcel in the CD Zone shall become null and void and the affected parcel shall once again revert into the zoning district in which it existed prior to the Town Meeting action. 39. 71 Land Uses in CD Zone in the Absence or Lapse of Special Permit. If a special permit doesn't issue or where a special permit has been granted by the Board of Appeals but no action has been taken to proceed with the CD District Development for a period of two years thereafter, the special permit shall lapse and land uses within the geographical limits of the CD District shall be the same as those for the zoning district in which it existed immediately prior to Town Meeting action under Sections 39.12 and 39.13 hereof. 39. 8 Revisions. Subsequent to a special permit granted by the Board of Appeals under the provisions of this Section, minor revisions may be made from time to time in accordance with applicable laws, by-laws and regulations, of the development under such special permit which revisions shall otherwise be in accordance with the submission accompanying the developer's application for a special permit except as modified by the decision of the Board of Appeals. 39.81 Bond. Prior to any construction on land in a CD District, there shall be filed with the Town a surety Bond in a form satisfactory to the Planning Board or there shall be deposited negotiable securities of a kind acceptable to the Planning Board, in a sum or amount sufficient in the opinion of the Planning Board to secure the performance of the construction of any improvements required by the Planning Board or by the Conservation Commission or other agency or department of the Town. Any bond, surety agreement, or securities filed or deposited in accordance herewith, shall be executed so as to secure the completion of all required work within two (2) years of such filing or deposit or within such other time as the Planning Board may specify. Upon the failure of the developer to complete such work to the satisfaction of the Planning Board and in accordance with all applicable plans, regulations and specifications, the Town shall be entitled to enforce such bond or to realize upon such securities to the extent necessary to complete all such work without delay. 39.9 Severability. In the event that any portion of the special permit procedure established herein shall later be invalidated, whether by judicial decree or otherwise, special permits previously issued by the Board of Appeals hereunder shall remain valid. (Inserted by Board of Selectmen) -25- ARTICLE 24. To see if the Town will vote to amend the Zoning By-Law as follows: A. By adding at the end of SECTION 20.2 entitled COMMERCIAL AND INDUSTRIAL DISTRICTS the following new designation: CD - CONTROLLED COMMERCIAL DISTRICT B. By inserting in SECTION 25--USE REGULATIONS SCHEDULE, after the column headed CB a new column headed CD and having any use allowable under any one of the following zoning districts to wit, CR, CH or CM, by inserting the same symbols for any allowable use into the CD District and provided further that there shall appear in the CD District the following: 25.53--SPS 25.54--SPS C. By inserting in SECTION 27--SCHEDULE OF DIMENSIONAL CONTROLS after the column heading entitled CH an "and sign" (+) followed by the letters CD so that the column heading will appear as "CH + CD". D. By inserting in SECTION 32.1--SCHEDULE OF REQUIRED PARKING AND LOADING a CD District beside each re- quirement for a CH District except for that headed "Hotels, motels, motor hotels". E. By inserting in SECTION 32.2--SCHEDULE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING beside the column headed CR, CH an additional district labeled CD. Or act in any other manner in relation thereto. (Inserted at the request of one hundred or more registered voters) -26- ARTICLE 25. To see if the Town will vote to amend the Zoning By-Law as follows: A. By changing the zoning district in which lies the land bounded and described below from CH--HOTEL, OFFICE AND RESEARCH PARK DISTRICT to CD--CONTROLLED COMMERCIAL DISTRICT by revising the zoning map and adopting a new zoning map No. CD-1 showing as a CD District the land bounded and described as follows: NORTHEASTERLY by Bedford Street, three hundred seventy-two and 58/100 (372.58) feet; NORTHWESTERLY by land of the Boston Edison Company, about one thousand fifty-six (1,056.00) feet, more or less, to a point twelve hundred (1,200.00) feet from the NORTHEASTERLY line of land now or formerly of the Boston and Maine Railroad; SOUTHWESTERLY by a line two hundred and seventy-five (275.00) feet, more or less, by a line parallel to and twelve hundred (1,200.00) feet distant from the NORTHEASTERLY boundary of the land now or formerly of the Boston and Maine Railroad; NORTHEASTERLY by land now or formerly of Lexington Chalet Inc. fifty (50.00) feet, more or less; thence, SOUTHEASTERLY by land of the said Lexington Chalet Inc. nine hundred twenty-nine and 19/100 (929.19) feet. Said parcel containing approximately 6. 7 acres of land more or less. (Inserted at the request of one hundred or more registered voters) -27- And you are directed to serve this warrant fourteen days at least before the time of said meeting as provided in the By-Laws of the Town. Hereof fail not, and make due return on this warrant, with your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands at Lexington this thirty-first day of October, A.D. , 1977. (c:12 1 Selectmen o �� Lexington 5/7 A true copy, Attest: 9,4 f CO/stable of ekin to E/ RECEIVED 1271 NOV 15 AR 9 35 Ip,Y4 cur-RK+-nP LEXING H, Nt&SS. CONSTABLE'S RETURN November 14 , 1977 To the Town Clerk: I have served the foregoing warrant by posting a printed copy thereof in the Town Office Building, Cary Memorial Building, and in a public place in each of the precincts of the Town and also by sending by mail, postage prepaid, a printed copy of such warrant addressed to each dwelling house and to each dwelling unit in multiple dwelling houses, apartment buildings, or other buildings in the Town 14 days before the time of said meeting. Attest: 42/ meta le of Lexiniton li d