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HomeMy WebLinkAbout1977-03-07-TE-Warrant-and-1977-03-21-ATM-Warrant TOWN WARRANT Town of Lexington 3 Commonwealth of Massachusetts Middlesex,ss. To either of the Constables of the Town of Lexington,-Lid''Saie County1,- 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 their respective voting places in said Town. PRECINCT ONE, HARRINGTON SCHOOL; PRECINCT TWO, BOWMAN SCHOOL; PRECINCT THREE, BRIDGE SCHOOL; PRECINCT FOUR, SENIOR HIGH SCHOOL; PRECINCT FIVE, CARY MEMORIAL BUILDING; PRECINCT SIX, WILLIAM DIAMOND JUNIOR HIGH SCHOOL; PRECINCT SEVEN, ESTABROOK SCHOOL; PRECINCT EIGHT, FIRE HEADQUARTERS BUILDING; PRECINCT NINE, MARIA HASTINGS SCHOOL, on Monday, the seventh day of March, A.D. , 1977 at 7:00 o'clock A.M. , then and there to act on the following articles : ARTICLE 1. To choose by ballot the following Town Officers : Two Selectmen for the term of three years; Two members of the School Committee for the term of three years; One member of the Planning Board for the term of five years; One Moderator for the term of one year; One member of the Lexington Housing Authority for the term of five years; Eight Town Meeting Members in Precinct One, the seven receiving the highest number of votes to serve for the term of three years, the one receiving the next highest number of votes to fill an unexpired term ending March, 1978; Seven Town Meeting Members in Precinct Two, for the term of three years; Eight Town Meeting Members in Precinct Three, the seven receiving the highest number of votes to serve for the term of three years, the one receiving the next highest number of votes to fill an unexpired term ending March, 1978; Eight Town Meeting Members in Precinct Four, the seven receiving the highest number of votes to serve for the term of three years, the one receiving the next highest number of votes to fill an unexpired term ending March, 1978; Nine Town Meeting Members in Precinct Five, the seven receiving the highest number of votes to serve for the term of three years, the two receiving the next highest number of votes to fill unexpired terms ending March, 1978; Eight Town Meeting Members in Precinct Six, the seven receiving the highest number of votes to serve for the term of three years, the one receiving the next highest number of votes to fill an unexpired term ending March, 1978; Seven Town Meeting Members in Precinct Seven, for the term of three years; Eight Town Meeting Members in Precinct Eight, the seven receiving the highest number of votes to serve for the term of three years, the one receiving the next highest number of votes to fill an unexpired term ending March, 1978; Eight Town Meeting Members in Precinct Nine, the seven receiving the highest number of votes to serve for the term of three years, the one receiving the next highest number of votes to fill an unexpired term ending March, 1979. - 2 - The polls will be open at 7:00 A.M. and will remain open until 8:00 P.M. You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said Town on Monday, the twenty-first day of March, 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 provided for by Section eight of said Chapter, as amended. ARTICLE 2. To receive the reports of any Board of Town Officers or of any Committee of the Town. ARTICLE 3. To see if the Town will authorize the appointment of the committee on lectures under the wills of Eliza Cary Farnham and Susanna E. Cary; or act in any other manner in relation thereto. ARTICLE 4. To see if the Town will make appropriations for expenditures by departments, officers, boards, and committees of the Town for the ensuing fiscal year and determine whether the money shall be provided by the tax levy or by trans- fer from available funds, including any special funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 5. To see if the Town will make appropriations for the ensuing fiscal year, in addition to those authorized under Article 4 of this warrant, to fund cost items included in collective bargaining agreements reached between the Town and employee organizations and determine whether the money shall be pro- vided by the tax levy or by transfer from available funds, including any special funds, or by any combination of these methods; or act in any other manner in re- lation thereto. (Inserted by Board of Selectmen) ARTICLE 6. To see if the Town will make supplementary appropriations, to be used in conjunction with money appropriated under Article 4 of the warrant for the 1976 annual town meeting, to be used during the current fiscal year and de- termine whether the money shall be provided by transfer from available funds; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -3- ARTICLE 7. To see if the Town will raise and appropriate money to pay any unpaid bills rendered to the Town for prior years; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 8. To see if the Town will appropriate a sum of money for the Reserve Fund as provided by Section 6 of Chapter 40 of the General Laws, and determine whether the money shall be provided by the tax levy, by transfer from available funds, including the Reserve Fund-Overlay Surplus, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 9. To see if the Town will authorize the Selectmen to petition the Director of Accounts of the State for an audit for the current fiscal year or appropriate a sum of money to hire an independent auditor for such purpose, and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 10. To see if the Town will vote to appropriate the total amount of State Aid to public libraries received in 1977 to the Trustees of the Cary Memorial Library to use in improving and extending library services in Lexington; or act in any other manner in relation thereto. (Inserted at the request of Library Trustees) ARTICLE 11. To see if the Town will make supplementary appropriations to be used in conjunction with money appropriated in prior years for the installation or construction of water mains, sewers and sewerage systems, drains, streets, or buildings that have heretofore been authorized, and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -4- ARTICLE 12. To see if the Town will vote to install street lights in such unaccepted streets as the Selectmen may determine prior to the final adjournment of the 1978 Annual Town Meeting; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 13. To see if the Town will authorize the Selectmen to obtain appraisals on land and on rights therein that they desire to recommend be acquired by the Town as locations for future streets or for playground or recreational or open space or off-street parking or school purposes; or any combination of said purposes, and will authorize the Selectmen to acquire by purchase, eminent domain, or otherwise, the land or rights therein that are recommended for such purposes, appropriate money for such appraisals and land acquisition and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 14. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1977, and to issue a note or notes therefor, payable within one year, in accordance with provisions of General Laws, Chapter 44, Section 4 as amended and to renew any note or notes as may be given for a period of less than one year, in accordance with the provisions of General Laws, Chapter 44, Section 17; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -5- ARTICLE 15. To see if the Town will authorize the Selectmen to install curbing at such locations as they may determine; appropriate a sum of money for such installation, and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 16. To see if the Town will vote to install drains in such accepted or unaccepted streets or other land as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water courses and the construction of new channels in said other land, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such installation and land acquisition and determine whether the money shall he provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 17. To see if the Town willvote to install new or replacement water mains in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or other- wise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such installation and land acquisition and determine whether the money shall be provided by the tax levy, by transfer from available funds, including any special water funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -6- ARTICLE 18. To see if the Town will authorize the Selectmen to construct concrete, bituminous concrete or other sidewalks where the abutting owner pays one-half of the cost or otherwise, and to take by eminent domain, purchase or otherwise acquire any temporary construction easements in land necessary therefor; appropriate a sum of money for such construction and land acquisition, and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 19. To see if the Town will vote to install sewer mains and sewerage systems in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such installation and land acquisition and determine whether the money shal] be provided by the tax levy, by transfer from available funds, including any special sewer funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -7- ARTICLE 20.To see if the Town will vote to install trunk sewers in the Amherst Street area of the Town as the Selectmen may determine, subject to the assessment of bette,uaents or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such installation and land acquisition and determine whether the money shall be provided by the tax levy, by transfer from available funds, including any special sewer funds , or by borrowing, or by any combination of these methods ; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 21. To sec if the Town will vote to authorize the Board of Selectmen to apply for and accept any federal or state aid which may become available for sewer projects in the Town, or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 22. To see if the Town will appropriate a sum of money for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and determine whether the money shall be pro- vided by the tax levy , by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 23. To see if the Town will appropriate a sum of money for highway construction under the authority of Chapter 90 of the General. Laws, and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -8- ARTICLE 24. To see if the Town will appropriate a sum of money for engineering services for an inflow infiltration study of the Town's sewer system; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 25. To see if the Town will appropriate a sum of money for the development of Westview Cemetery, and determine whether the money shall be provided by the tax levy or by transfer from available funds, including the Westview Sale of Lots Fund, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 26. To see if the Town will appropriate a sum of money to paint the exterior of the East Lexington Branch Library; determine whether the money shall be provided by the tax levy, or by transfer from available funds , or by any combination of these methods; or act in any other manner in relation thereto. (inserted at the request of Library Trustees) ARTICLE 27. To see if the Town will appropriate a sum of money to install a book security system in Cary Memorial Library; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Library Trustees) ARTICLE 28. To see if the Town will appropriate a sum of money, in addition to money previously appropriated, for a revaluation of all taxable property in the Town; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -9- ARTICLE 29. To see if the Town will appropriate a sum of money to purchase a fire truck for the Fire Department; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 30. To see if the Town of Lexington will vote to raise and appropriate a sum of money to be used for services to the Town of Lexington by the Central Middlesex Association for Retarded Citizens, Inc. (CMARC) in carrying out its endeavors under the provision of Chapter 19 of the General Laws, said sum to be raised ($5,000.00) by borrowing, transferring from available funds or any combination thereof and to be expended by the Lexington Board of Health as provided in Chapter 40, Section 5, Paragraph 40 C of the General Laws. (Inserted at the request of ten or more registered voters) ARTICLE 31. To see if the Town will appropriate a sum of money for providing curbside collection of recyclables, and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 32. To see if the Town will confirm the action of the Board of Selectmen in designating the Sanitary Landfill as a possible regional re- source recovery site; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -10- ARTICLE 33. To see if the Town will vote to transfer the care, custody, management and control of surplus land and buildings no longer needed by the School Department to the Board of Selectmen; and appropriate money therefor and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by School Committee) ARTICLE 34. To see if the Town will appropriate a sum of money for plans and specifications for renovating and adding to the Center Pool Complex or for conducting feasibility studies for other suitable sites for a swimming pool complex; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Recreation Committee) -11- ARTICLE 35. To see if the Town will appropriate a sum of money for the construction of four tennis courts; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Recreation Committee ) ARTICLE 36. To see if the Town will appropriate a sum of money for the construction of trails for hiking and cross country skiing on town owned land; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Recreation Committee ) ARTICLE 37. To see if the Town will appropriate a sum of money for improvements to town owned playfields; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Recreation Committee__) ARTICLE 38. To see if the Town will appropriate a sum of money for the construction of bicycle paths in such locations as the Recreation Committee may determine with the approval of the Board of Selectmen; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Recreation Committee ) ARTICLE 39 . To see if the Town will appropriate a sum of money for the construction of soccer goal posts at town owned playfields; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Recreation Committee,) -12- ARTICLE 40. To see if the Town will appropriate a sum of money for lighting the baseball field at the Center playground; determine whether the money shall be provided by tax levy, or transfer from available funds, or private funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of ten or more registered voters) -13- ARTICLE 41. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of land shown as Lot 10 on Assessors' Property Map 39, now or formerly of Grey Nuns Charities, Inc. ; and appropriate money therefor and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) ARTICLE 42. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of land shown as Lot 26 on Assessors' Property Map 87, now or formerly of Lucky Penny Trust; and appropriate money therefor and deter- mine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) -14- ARTICLE 48. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of land shown as Lot 1 on Assessors' Property Map 74, now or formerly of Cosgrove; and appropriate money therefor and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) ARTICLE 44. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of land shown as Lots 3A and 4 on Assessors' Property Map 44, now or formerly of Foley and Sayre; and appropriate money therefor and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) -15- ARTICLE 45. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of land shown as Lot 111 on Assessors' Property Map 14, now or formerly of Wilson; and appropriate money therefor and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) ARTICLE 46. To see if the Town will authorize the Selectmen to trans- fer to the Conservation Commission for open space and conservation purposes, including outdoor recreation, as provided by Section 8C of Chapter 40 of the General Laws, as amended, land shown as Lots 34, 39 and 40A on Assessors' Property Map 28 and Lots 27, 29 and 38 on Assessors' Property Map 36; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) -16- ARTICLE 47. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, and authorize the Selectmen to transfer, for conservation pur- poses including outdoor recreation, as provided by Section 8C of Chapter 40 of the General Laws, as amended, and for road and water retention purposes , any fee easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of a parcel of land consisting of lots 21 through 39 inclusive of Block 19, lots 1 through 35 inclusive of Block 20, lots 1 through 16 inclusive and lots 19 through 33 inclusive of Block 21, lots 1 through 15 and lots 18 through 31 inclusive of Block 22, lots 1 through 14 and lots 17 through 30 Inclusive of Block 23, lots 1 through 22 inclusive of Block 24, lots 1 through 22 inclusive of Block 25, lots 1 through 22 inclusive of Block 26, lots 1 through 22 inclusive of Block 27, lots 1 through 22 inclusive of Block 28, lots 12 through 20 inclusive of Block 29, lots 2 and 3 of Block 32, lots 16, 17 and 18 and lots 41 through 49 of Block 33, lots 15 through 23 and 41 through 52 of Block 34, lots 14 through 26 and 40 through 52 inclusive of Block 35, lots 14 through 26 and 40 through 52 inclusive of Block 36, lots 13 through 26 and 39 through 52 inclusive of Block 37, lots 13 through 26 and 39 through 52 inclusive of Block 38, lots 13 through 26 and 37 through 52 inclusive of Block 39, lots 3, 4, and 5 of Block 55, lots 1 through 4 inclusive of Block 56, and lots 1 through 25 inclusive of Block 57, all as shown on "Plan of Lots at Lexington Heights, owned by M. C. Meagher", surveyed by E. A. W. Hammett , C.E. , dated July 1892, recorded in Middlesex South District Registry of Deeds , Plan Book 77, Plan 24; and appropriate money therefor and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ( Inserted by Board of Selectmen) -17- ARTICLE 48. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, and authorize the Selectmen to transfer, for conservation purposes including out- door recreation as provided by Section 8C of Chanter 40 of the General Laws, as amended, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of land shown as Lot 1 on Assessors' Property Map 6, Lot 142 on Assessors' Property Map 14, Lots 32 through 38, 41, 42, 68A and 76 on Assessors' Property Map 24, Lot 8 on Assessors' Property Map 29, Lots 46, 85, 94 on Assessors' Property Map 55, Lot 108 on Assessors' Property Map 62, Lots 65A, 66, 67 on Assessors' Property Map 82, Lot 15 on Assessors' Property Map 86, Lots 35 and 36 on Assessors' Property Map 87; and appropriate money therefor and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) ARTICLE 49. To see if the Town will vote to authorize the Selectmen and Conservation Commission to convey a portion of Lot 290 on Assessors' Property Map 13, consisting of approximately 3600 square feet, to the owners of Lot 289 on such Map; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) -18— ARTICLE 50. To see if the Town will vote to transfer the care, custody, management and control of surplus land shown as Lot 90 on Assessors' Property Map 31, consisting of approximately 2. 75 acres more or less along the southern boundary of said parcel, no longer needed by the School Department to the Board of Selectmen; authorize the Selectmen to convey said parcel to Robert Cataldo on such terms as they may deem advisable; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -19- ARTICLE 51. To see if the Town will vote to authorize the Selectmen to accept as a gift from the Reverend Ernest B. Johnson, Jr. parcels of land bordering on Route 128, shown as lots 106A and 145 on Assessors' Pro- perty Map 83, for conservation purposes; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) ARTICLE 52. To see if the Town will appropriate an additional sum of money to the Conservation Fund, established by vote under Article 9 of the Warrant for the Special Town Meeting held on June 8, 1964, and deter- mine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto, (Inserted at the request of Conservation Commission) ARTICLE 53. To see if the Town will authorize the Selectmen to acquire by purchase, eminent domain or otherwise .for street, playground, recreational or open space Purposes all or any part of land on Summer Street shown as Lot 70 on Assessors' Property Map 28, now or foimerl.y of owners unknown; and appropriate money therefor and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -20- ARTICLE 5L To see if the Town will vote to establish as town ways and accept the layout of as town ways the following streets: Lois Lane from Massachusetts Avenue to end; Suzanne Road from Emerson Road to Mill Brook Road; Brent Road from Hathaway Road to Emerson Road; Emerson Road from a point easterly 310 feet more or less from the end of Suzanne Road, and westerly to the end of that section of Emerson Road ; all as laid out by the Selectmen and shown upon plans on file in the office of the Town Clerk, dated January 14, 1977, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said streets and for land acquisition; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 55. To see if the Town will vote to discontinue a portion of the following streets HLnchey Road from Hartwell Avenue a distance of 600 feet more or less to its end as shown upon a plan on file in the office of the Town Clerk dated January 19, 1961; Wood Street from Bedford and Lexington Town Line a distance of 1000 feet more or less, easterly to the entrance of Hanscom Field as shown on a plan on file in the office of the Town Clerk dated January 14, 1977; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -21- ARTICLE 56. To see if the Town will vote to change the name of four sections of Emerson Road and one section of Worthen Road; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 57. To see if the Town will raise and appropriate a sum of money for filing fees in connection with the acceptance of streets; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 58. To see if the Town will vote to amend the General By-Laws of the Town of Lexington by adding a new Article thereto as follows: "The fees for storage of gasoline under General Laws, Chapter 148, Section 13, as amended, shall be as follows: (a) For issuing the original license $100 plus the cost of advertising the public hearing; and (b) For each annual certificate of registration $50." or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -22- ARTICLE 59. To see if the Town will vote to amend Section 2 of Article XXXII of the General By-Laws of the Town of Lexington to increase the membership of the Council on Aging from seven members to eleven members; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 60. To see if the Town will vote to amend Section 23 of Article V of the General By-Laws of the Town of Lexington by striking such Section and substituting therefor the following: Section 23. The debate on a motion to reconsider shall be limited to fifteen minutes. The maker of the motion may speak for not more than five minutes; no other per- son shall speak for more than three minutes nor more than once. or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 61. To see if the Town will vote to amend Section 2 of Article III of the General By-Laws of the Town of Lexington by striking the words "not less than seven days before the time stated in the warrant for holding such meeting" and substituting therefor the words "not less than seven days before the date of the annual town meeting and not less than fourteen days before the date of a special town meeting"; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 62. To see if the Town will vote to amend Section 30 of Article V of the General By-Laws of the Town of Lexington by striking out the number '50' and substituting therefor the number '30; ' or act in any other manner in relation thereto. (Inserted at the request of ten or more registered voters) -23- ARTICLE 63. To see if the Town will vote to strike Section 4 of Article XXVI of the General By-Laws of the Town of Lexington by substi- tuting it with a new section 4 as follows: No person in the Town of Lexington shall own, possess, or keep for sale any weapon from which a shot or bullet can be discharged and which has a barrel length of less than sixteen inches, but this section shall not prevent the use or possession of such firearms by military per- sonnel, law enforcement officers, historical societies, museums, veterinarians in the practice of their pro- fession, and certified security guards in the practice of their duties. Current owners of handguns must surrender their weapons to the Lexington Police Department within six months of the effective date of the act, and will be compensated at a rate to be determined by the Lexington Board of Selectmen; or act in any other manner in relation thereto. (Inserted at the request of ten or more registered voters) ARTICLE 64. To see if the Town will vote to dissolve the Standing Plumbing and Building By-Law Committee created under Article 27 of the warrant for the November 25, 1963 Special Town Meeting; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 65. To instruct the Board of Selectmen to appoint a committee to cooperate with the National Science Foundation in conducting a forum, conference, or workshop to increase public understanding in Lexington of the impact of research on the alleviation of the problems of old age. (Inserted at the request of ten or more registered voters) -24- ARTICLE 66. To see if the Town will vote to accept Section 8E of Chapter 40 of the General Laws relating to the establishment of a youth commission and determine the number of terms of the members who will be appointed thereto; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 67. To see if the Town will vote to accept Section 9E of Chapter 32B of the General Laws relating to contributions in excess of fifty per cent of a premium for certain group life and health insurance policies for retired employees; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 68. To see if the Town will vote to accept Section 41B of Chapter 41 of the General Laws relating to the payment of public employees by means of direct bank credits; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 69. To see if the Town will vote to accept (A) A gift of money from the Bicentennial Corporation and (B) A gift of a bandstand to be constructed on town owned land as designated by the Board of Selectmen; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 70. To see if the Town will vote to establish a remembrance fund for the receipt of gifts or bequests for the beautification of any town owned cemetery; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -25- ARTICLE 71. To see if the Town will vote to authorize the Lexington Housing Authority to plan and construct a state-aided housing project for elderly persons of low income, consisting of not more than sixty dwelling units, pursuant to General Laws Chapter 121B, Section 39 as amended; or act in any other manner in relation thereto. (Inserted at the request of Housing Authority) ARTICLE 72. To see if the Town will authorize the Selectmen to convey a parcel of land on the southerly side of Woburn Street shown as parcel containing 4.4 acres, more or less, on plan entitled "Plan of Land in Lexington, Mass." dated February 11, 1969, E. Conrad Levy & Assoc. , Surveyors and Engineers recorded in Middlesex South Registry of Deeds Book 12177, Page 550, to the Lexington Housing Authority; or act in any other manner in relation thereto. (Inserted at the request of Housing Authority) ARTICLE 73. To see if the Town will vote to amend the Zoning By-Law by inserting a new subsection 22.48 as follows: "A district on the southerly side of Woburn Street as shown on the Zoning District Map No. RM-6 entitled "RM Garden Apartment Districts", designated thereon 22.48." or act in any other manner in relation thereto. (Inserted at the request of Housing Authority) -26- ARTICLE 74. 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 75. 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. The Planning Board may grant a special permit for any tract of land of ten (10) acres or more to be subdivided 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 RD district in Section 27 hereof as could be contained in 85 per cent 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. 33.32 Such unsubdivided land shall be conveyed to and accepted by the Town of Lexington, to all homeowners within such tract jointly, 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, recrea- tion or park purposes, or to a non-profit organization, the principal purpose of which is the conservation 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. -27- 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 per- petual maintenance as conservation, recreation or park land. 33.34 Access at least 40 feet wide shall be provided each parcel of such unsubdivided land from one or more streets in the subdivision. 33.35 A maximum of 20 per cent 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, 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 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 development shall be accompanied by a preliminary subdivision plan. In addition to the in- formation 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: 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. 33,61 The general 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 characteristics of the tract in question. 33.7 Nothing contained herein shall in any way exempt a proposed sub- division 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 conditions and modifications, or disapprove a subdivision plan in accordance with the provisions of such Rules and Regulations and of the Subdivision Control Law. -28- 33.8 The Planning Board shall not grant a special permit for the sub- division 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 or available alternative types of development the granting of such permit would be detrimental to the neighborhood or to the Town or will be unlikely to further the purposes of cluster development. In granting a special permit, the Planning Board shall impose such additional conditions and safeguards as furthers the following objectives of Section 2A of Chapter 808 (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 prevent overcrowding of land to avoid undue concentration of population; 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 ammenities. 33.9 The Planning Board, as a condition of the granting of a special permit under this section shall require, in addition to any security required pursuant to M.G.L. c.41, 081U or its regulations for the control of sub- divisions, 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) : (1) By a proper bond or a deposit of money or negotiable securities, sufficient in the opinion of the Planning Board 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 conveyed 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. 33.91 The penal sum of any such bond or the amount of any deposit held under clause one (1) of Section 33.9 of this By-Law may from time to time be reduced by the Planning Board and the obligations of the parties thereto released by said bond in whole or part. 33.92 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 by bond, deposit or covenant, the appli- cant shall send by registered mail to the Planning Board an affidavit that the conditions and safeguards in connection with which such bond, deposit or covenant has been given have been complied with. If the Planning Board determines that the conditions and safeguards of the special permit have been complied with, it shall release the interest of the Town in such bond and return the bond or the deposit to the person who furnished the same, or release the covenant by appropriate instrument, duly acknowledged. If the Planning Board determines that the conditions or safeguards included in the special permit have not been complied with, it shall specify in a notice sent by registered or certified mail to the applicant the conditions or safeguards with which compliance is lacking and upon failure so to do within sixty days after the receipt by the Board of said statement all obligations under the bond shall cease and terminate, any deposit shall be returned and any such covenant shall become void. -29- 33.10 Subsequent to a special permit granted by 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 manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 76. To see if the Town will vote to amend Section 36 of the Zoning By-Law by: 1. Striking the words "Board of Appeals" and substituting therefor "Planning Board" in the following places: Section 36.12 Line 3 Section 36.2 Line 1 Section 36.21 Line 6 Section 36.24 Line 1, 4 Section 36.29 Line 6, 7, 12 Section 36.3 Line 1 Section 36.6 Line 1 Section 36. 8 Line 2 Section 36.9 Line 9 2. Striking the words "either as recommended by the Planning Board or upon its own initiative" in Section 36.29. 3. Striking the words "copies of which shall also be submitted to the Planning Board" in Section 36.3. 4. Striking Section 36.4 and subsections thereof and substituting therefor the following: 36.4 Factors supporting the grant of a permit. The Planning Board in evaluating the appropriateness of the proposed develop- ment shall consider at least the following: 36.41 The general characteristics of the tract in question and surrounding areas. 36.42 An evaluation of the probable impact of the proposed development on Town services and facilities. 36.43 The availability of permanent public open space in the immediate vicinity. 36.44 The proximity of the proposed development to public transportation, school, recreation facilities, neighborhood shopping and service facilities. -30- 36.45 Whether the site is sufficiently separated from other subsidized housing and housing of equivalent rental value to achieve a desirable mix of income levels. 36.46 A determination from known or estimated land and site preparation costs whether or not such costs might render the proposed subsidized development uneconomic. 36.47 A review of the proposed development, including such aspects as the type or style of buildings, the size of develop- ment (number of dwelling units) and density per acre, the arrangement or layout design of buildings and site improve- ments, 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. 36.48 Whether or not the site, the proposed development layout, the proposed number, type and design of housing will constitute a suitable development compatible with the surrounding area. 5. Striking Section 36.5 and renumbering the following sections accordingly. or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 77. 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: Planned Unit Development District - RD 38.11 Land Uses and Dimensional Control in the Absence of Special Permit. Except where a special permit has been granted by the Planning Board 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. 38.12 General Objectives. The RD District is intended to allow greater flexibility in land use planning for the development of tracts of land of greater than ten acres, in terms of density, preservation of open spaces, utili- zation 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 Planning Board to require adherence to such site development plans in the granting of a special permit as hereinafter described. -31- 38.13 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, floor plans and exterior materials for proposed buildings 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 development, 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 any literature authorized by the proponent which has been distri- buted to Town Meeting Members shall be filed with the Town Clerk before the vote and shall be part of the site develop- ment plan. 38.14 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. 38.15 Permissible housing types include all single and multiple- occupancy housing types used for human occupancy. Any type of ownership may be permitted. The Planning Board may also permit commercial establishment which will serve primarily the inhabi- tants of such planned unit development provided such commercial establishment will enhance the character, amenities and con- venience of those who will live in the planned unit development. 38.16 At least 25 percent of the total area of such tract 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 either be conveyed to and accepted by the Town or its Conservation Commission, conveyed to a legal association comprised of the homeowners within such tract, or to a non-profit organization the principal purpose of which is the conservation 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 Planning Board 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. -32- 38.17 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 Planning Board for a special permit under this section shall be accompanied by the following plans and supporting materials. 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 pro- posed 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 bedrooms, 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. 38.3 Special Permit Provisions. The Planning Board may grant a special permit for the development of any tract of land greater than ten acres in an RD District, subject to the following standards: 38.31 The application for a special permit submitted to the Planning Board shall include building design and site develop- ment plans approved by the Town Meeting. The Planning Board may, in its discretion, permit deviations from the site development plan approved by the Town Meeting, provided, how- ever, that the Board shall not permit any increase in the dwelling unit density, an increase of greater than 10% in the total floor area, as approved by the Town Meeting, and it shall not permit any deviations from the number of rooms per dwelling unit shown in the site development plan approved by Town Meeting, unless such site development plan, as presented to Town Meeting, shall state that the data and information compiled by the developer is insufficient to assure the feasibility of adhering to the building location and road location and design shown in the site development plan. -33- 38. 32 The Planning Board may require dwelling unit density to be less than that shown on the site development plan presented 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 deter- mination, including, among other factors, soil condition, drainage, traffic or other neighborhood conditions brought to the Board's attention, and the provision of the usable open space. The Planning Board may permit dwelling unit density to be greater than that shown on the site develop- ment plan approved by the Town Meeting only if the revised plan submitted with the application provides for at least 25% of the total dwelling units to be low and moderate income housing, as defined in Section 36 of this by-law. In such case, the applicant shall provide to the Planning Board sufficient evidence of appropriate financing for such low and moderate income dwelling units. 38. 33 Any development peiniitted in an RD District shall comply with the Schedule of Dimensional Controls for RD Districts set out in Section 27 of this By-Law. 38.34 Any development permitted in an RD District shall comply with Design Standards set out in the Planning Board's Rules and Regulations governing the subdivision of land. Interior drives within an RD development shall be designed to such street standards as the Planning Board may require in accordance with such Rules and Regulations. 38. 35 In granting a special permit, the Planning Board 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 will secure the objectives of the Zoning Enabling Act as enumerated in Section 2A of Chapter 808 of the Acts of 1975.. Special permits issued hereunder shall lapse if no building pe,,mit issues within two years of the date of the special permit, unless the Planning Board upon application extends this time. 38.4 Amendment of Special Permit. The Planning Board 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. 38.5 Planning Board Decision and Findings. A Planning Board decision granting a special permit will be 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 shall he based upon at least the following: 38.51 The general characteristics of the tract in question and surrounding area. 38.52 An evaluation of the probable impact of the proposed development on Town services and facilities. -34- 38.53 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 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. 38.54 Whether or not the site, the proposed development layout, the proposed number, type and design of housing will constitute a suitable development compatible with the sur- rounding area. 38.55 Whether or not the developer's plans comply with the design standards of the Planning Board's Rules and Regulations governing the subdivision of land. 38.6 Denial of Special Permit. The Planning Board may deny an appli- cation for special permit hereunder and base its denial upon: 38.61 A failure to meet the standards established by sections 38.2 hereof. 38.62 A finding that the proposed development would not be consistent with the general objectives of RD district development. 38.63 A finding that the proposed development does not sub- stantially 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 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 dis- approve a subdivision plan in accordance with the provisions of such rules and regulations and of the subdivision control law. 38.8 Revisions. Subsequent to a special permit granted by the Planning Board under the provisions of this section and where applicable, the approval of a definitive subdivision 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 developer 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 Planning Board. 38.9 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 Planning Board hereunder shall remain valid. 38.91 The Planning Board, as a condition of the granting of a special permit under this section, shall require, in addition to any security required pursuant to M.G.L. c.41, §81U or its regulations for the control of subdivisions, 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) : -35- (1) By a proper bond or a deposit of money or negotiable securities, sufficient in the opinion of the Planning Board 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 safe- guards included in such special permit shall be performed before any lot may be conveyed 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. 33.92 The penal sum of any such bond or the amount of any deposit held under clause one (1) of Section 38.91 of this by-law may from time to time be reduced by the Planning Board and the obligations of the parties thereto released by said bond in whole or part. 38.93 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 by bond, deposit or covenant, the applicant shall send by registered mail to the Planning Board an affidavit that the conditions and safeguards in connection with which such bond, deposit or covenant has been given have been complied with. If the Planning Board determines that the conditions and safeguards of the special permit have been complied with, it shall release the interest of the Town in such bond and return the bond or the deposit to the person who furnished the same, or release the covenant by appropriate instrument duly acknowledged. If the Planning Board determines that the conditions or safeguards included in the special permit have not been complied with, it shall specify in a notice sent by registered or certified mail to the applicant the conditions or safeguard with which compliance is lacking and upon failure so to do within sixty days after the receipt by the Board of said statement all obligations under the bond shall cease and terminate, any deposit shall be returned and any such covenant shall become void. or act in any other manner in relation thereto. (Inserted at the request of Planning Board) -36- ARTICLE 78. To see if the Town will vote to amend the Zoning By-Law by adding thereto a new Section 39 as follows: SECTION 39. Except for subdivisions governed by Sections 33, 36 and 38 of this By-Law, no person shall commence development 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 Laws of 1975. 39.2 The Planning Board shall issue a special permit under this section with such reasonable orders, conditions and re- quirements concerning the placement of buildings, major topo- graphic 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 prac- tical to further sound development and design and avoid sub- stantial detriment to the neighborhood in which the development is to occur. 39.3 Each person applying for a special permit under this Section shall file with the Planning Board three copies each of an appli- cation and a preliminary site plan. Such application and site plan shall include adequate 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 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 simul- taneously 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 filing fee in the amount provided for in the Rules and Regulations of the Planning Board, not to exceed the sum of $250. 39.4 The Planning Board shall hold a public hearing after due notice, as provided in these By-Laws. 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 sub- division plan. Such final action shall consist of (1) either a finding and determination that the proposed development be sub- ject 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 not be inconsistent with the purposes and objectives of the Zoning By-Law and the Zoning Enabling Acts. -37- 39.41 The period within which final action shall be taken may he 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 submit: 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 file with its records a written report of its final action on each application with its reasons therefor. 39.43 In the event that the Planning Board shall fail to take final action on an application within the period hereinbefore 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 requested. 39.5 The Planning Board shall require security for the performance of the conditions and requirements of a special permit as follows: 39.51 The Planning Board, as a condition of the granting of a special permit under this section, shall require, in addition to any security required pursuant to M.G.L. c41, §81U or its regulations for the control of subdivisions, that the performance of the conditions and observance of the safeguards of such special permit he 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) : (1) By a proper bond or a deposit of money or negotiable securities, sufficient in the opinion of the Planning Board 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 safe- guards included in such special permit shall he performed before any lot may be conveyed 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 parcelof land, the develop- ment of which is governed by the special permit. 39.52 The penal sum of any such bond or the amount of any deposit held under clause one (1) of Section 39.51 of this By-Law may from time to time he reduced by the Planning Board and the obligations of the parties thereto released by said bond in whole or part. -38- 39.53 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 by bond, deposit or covenant, the applicant shall send by registered mail to the Planning Board an affidavit that the conditions and safeguards in connection with which such bond, deposit or covenant has been given have been complied with. If the Planning Board determines that the conditions and safeguards of the special permit have been complied with, it shall release the interest of the Town in such bond and return the bond or the deposit to the person who furnished the same, or release the covenant by appropriate instrument duly acknowledged. If the Planning Board determines that the conditions or safeguards included in the special permit have not been complied with, it shall specify in a notice sent by registered or certified mail to the applicant the conditions or safeguards with which compliance is lacking and upon failure so to do within sixty days after the receipt by the Board of said statement all obligations under the bond shall cease and terminate, any deposit shall be returned and any such covenant shall become void. or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 79. To see if the Town will vote to amend Section 10 of the Zoning By-Law by striking the words "General Laws, Chapter 40A, Sections 1 to 22 inclusive" and substituting therefor the words "Section 2A of Chapter 808 of the Acts of 1975"; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) -39- ARTICLE 80. 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 violation 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." 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 "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 not less than six months after the issuance of the building permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable." or act in any other manner in relation thereto. (Inserted at the request of Planning Board) -40- ARTICLE g1. To see if the Town will vote to amend Section 12 of the Zoning By-Law by striking Subsections 12.1, 12.2 and 12. 3 and substituting therefor the following: Section 12.1 Appeals - To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforce- ment 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 Commissioner, or other administrative official in violation of any provision of Chapter 40A, General Laws, or of this By-Law. Such appeal shall he taken within thirty days from the date of the order or decision being appealed, by filing a notice of appeal, specifying the grounds there- for, with the Town Clerk. Section 12.2 Variances - To authorize upon appeal or upon petition with respect to particular land or structures a variance from the terms of this By-Law where the Board of Appeals 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 this By-Law would" involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief 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. 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. Section 12. 3 Special Permits - The Permit Granting Authority shall have the power to hear and decide applications for special permits for exceptions as provided in this By-Law, subject to any general or specific rules therein con- tained, and subject to appropriate conditions , safeguards and limitations on time or use imposed by the Permit Granting Authority. Such special permit may be granted when in the judgement of the Permit Granting Authority the public welfare and convenience will be substantially 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. Special permits shall only be granted following public hearings held within sixty-five days after the filing of an application with the Peludt Granting Authority or within such time as otherwise permitted in this By-Law, a copy of which shall forthwith be given to the Town Clerk by the applicant. 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 a period of not less than six months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. A special permit shall lapse two years from the granting thereof if a substantial use thereof 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 two year 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) -41- ARTICLE 82. To see if the Town will vote to amend the Zoning By-Law by striking Section 14 and all Subsections thereof; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 83. To see if the Town will vote to amend Section 25 of the Zoning By-Law by: 1. Adding at the end of Subsection 25.31 the words "located on Jots containing five acres or less". 2. Renumbering Subsections 25.32, 25.33, and 25.34 to 25.33, 25.34 and 25.35 respectively and adding a new Subsection 2532 as follows: RO RS RA RT RD RM CR CH CM CO CS CN CC CB Commercial greenhouses on Jots containing more than five acres Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 3. Adding a new Subsection 25.93 as follows: RO RS RH RT RD RM CR CH CM CO CS CN CC CB 25.93 Activities necessary in connection with per- mitted scientific research or scientific development or related production, whether or not on the same lot with such per- mitted use, provided the Board of Appeals finds that such accessory use does not substantially derogate from the public good No No No No No SPS SPS SPS No No No SP SP or act in any other manner in relation thereto. (Inserted at the request of Planning Board) -42- ARTICLE 84. To see if the Town will vote to amend Section 40 of the Zoning By-Law by adding a new definition as follows: PERMIT GRANTING AUTHORITY: The Planning Board granting special permits under Sections specifically granting to the Planning Board authority to grant special permits, and the Board of Appeals granting special permits tinder all other provisions of the By-Law, or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 85. To see if the Town will vote to amend the General By-Laws of the Town of Lexington by adding a new Article thereto as follows: General By-Law For Wetland Protection SECTION 1 No person shall remove, fill, dredge, build upon or alter any bank, fresh- water wetland, marsh, wet meadow or swamp bordering on any estuary, creek, river, stream, pond or lake or any land under said waters or any land subject to flooding or inundation other than in the course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph and other tele-communication services without first filing written notice of his intention to so remove, fill , dredge, alter or build upon, including such plans as may be necessary to fully describe such proposed activity and its effect on the environment without receiving and complying with a permit issued by the Conservation Commission. Said notice shall be sent by certified mail to the Conservation Commission. Each such notice shall be accompanied by a filing fee of Twenty-five dollars ($25.) payable to the Town of Lexington. Copies of such notice shall be sent at the same time, by certified mail, to the Town Engineer, Board of Selectmen, Planning Board and the Board of Health. Such notice may be sent before any or all permits, variances and approvals required by the Zoning By-Law or by the Subdivision Control Law and the Regulations of the Planning Board thereunder have been obtained. Upon written request of any person, the Conservation Commission shall within 21 days make a written determination as to whether this By-Law is applicable to any land or work thereon. Where such person is other than the owner notice or any such determination shall be sent to the owner and to the person making such request. SECTION 2 The Conservation Coumiission shall hold a public hearing on the proposed activity within 30 days of the receipt of said notice. Notice of the time and place of said hearing shall be given by the Conservation Commission at the expense of the applicant, not less than five days prior to such hearing by publication in a newspaper of general circulation in Lexington, and by delivering or mailing a notice thereof to the applicant, to the Board of Health, Board of Selectmen, the Town Engineer and the Planning Board, to abutters of the land (as determined by the most recent assessor's records) on which the proposed activity is to take place and to such other persons as the Conservation Commission may determine. The Conservation Commission, the Town Manager, the Town Engineer, the Planning Board, their agents, officers and employees may enter upon privately owned land without liability of any kind for the purpose of performing the duties under this Section. -43- SECTION 2.1 If, after said hearing, the Conservation Commission determines that the land on which the proposed work is to be done is probably significant to public or private water supply, to the ground water supply, to flood control, to storm damage prevention, to other water damage prevention, to the prevention of pollution, to the protection of surrounding land and other homes or buildings, and to the protection of streams, ponds or other bodies of water, shall, by written order, within 21 days or such further time as the Commission and the applicant shall agree on, impose such conditions as are reasonably necessary for the protection of the interests described herein and all work shall be done in accordance therewith. The conditions may include a condition that certain land or portions thereof not be built upon or altered, filled or dredged, that streams not be diverted, dammed or otherwise disturbed. SECTION 2.2 If the Conservation Commission makes a determination that the proposed activity does not require the imposition of such conditions, the applicant and all others who have received notice of such hearing by mail shall be notified of such deter- mination within 21 days after said hearing. SECTION 2.3 The Conservation Commission shall not impose additional or more stringent conditions as a result of any hearing conducted by it pursuant to General Laws, Chanter 131, Section 40 than it has imposed pursuant to the provisions of this By-Law, nor shall it require from an applicant who filed a notice of intention pursuant to General Laws, Chapter 131, Section 40 additional materials or data than is required of him pursuant to the application filed under this By-Law. SECTION 3 This By-Law shall not amply to any emergency project as defined in General Laws, Chapter 131, Section 40, to any mosquito control project authorized by any laws of the Commonwealth or to any work performed for normal maintenance or improvement of agricultural lands.presently in agricultural use. SECTION 4 Any person who purchases, inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of this By-Law or in violation of any order issued under this By-Law shall forthwith comply with any such order or restore such land to its condition prior to any such violation. The Town Manager and the Board of Selectmen shall, upon request of the Con- servation Commission, instruct Town Counsel to take such legal action as may be necessary to restrain a violation of this By-Law, and enforce the orders of the Conservation Commission hereunder, and the Town Counsel shall forthwith comply with such instructions. SECTION 5 The Conservation Commission may promulgate after due notice and public hearing Rules and Regulations to effectuate the purposes of this By-Law. However, failure by the Commission to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this By-Law. -44- SECTION 6 The applicant shall have the burden of proving by a preponderance of the credible evidence that the work proposed by him in his notice of intention will not cause significant harm to the interests sought to be protected by this By- Law. Failure to provide to the Conservation Commission adequate evidence for it to determine that the proposed work does not cause significant harm to the interests sought to be protected by this By-Law shall be sufficient cause for the Conservation Commission to deny such permit or to grant such permit with such conditions as it deems reasonably necessary or desirable to carry out the purposes of this By-Law or to postpone or continue the hearing to another date certain to enable the applicant and others to present additional_evidence,_upon such terms and conditions as seems to the Commission to be just. SECTION 7 The following definitions shall apply in the interpretation and imple- mentation of this By-Law. Section 7.1 The term "applicant" as used in this By-Law shall mean a person giving notice of intention to build, remove, fill, dredge or alter. Section 7.2 The term "person" as used in this By-Law shall include any individual, group of individuals, associations, partnerships, corporations, business organizations, trust, estate, Commonwealth of Massachusetts when subject to town By-Laws, any public or quasi-public corporation or body when subject to town By-Laws or any other legal entity, including the Town of Lexington or its legal representatives, agents or assigns. Section 7.3 The terms ponds, freshwater wetlands, swamps, wet meadows, bogs, as used in this By-Law shall be defined as defined in c 1 General Laws Chapter 131 Section 40. Section 7.4 The word "alter" shall be defined as including but not limited to one or more of the following actions upon areas described in the act. (a) the removal, excavation or dredging of soil, sand, gravel or aggragate material of any kind; (b) the changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns and flood storage retention areas; (c) the drainage or disturbance of the water level or water table, the dumping, discharging or filling with any material which could degrade the water quality; (d) the driving of piling, erection of buildings or structures of any kind; (e) the placing of obstructions whether or not they interfere with the flow of water; (f) the destruction of plant life, including the cutting of trees, which might result in environmental damage to the land or a part thereof rendered by this By-Law; (g) the changing of water temperature, biochemical oxygen demand and other natural characteristics of the receiving water; (h) any activities, changes or work which pollutes any stream or body of water, whether located in or out of the Town of Lexington. -45- Section 7.5 "Banks" shall be defined as land adjoining any body of water which serves to confine said water. Section 7.6 "Bordering" shall be defined including any land within either of the following: (a) 150 feet horizontally lateral from the bank of any beach, marsh, meadow or swamp bordering an estuary, creek, river, stream, pond, lake or wetland. (b) 150 feet horizontally lateral from the water elevation of the 100 year storm or whichever is the greater distance of (a) or (b) . Section 7. 7 The Conservation Commission may in its rules and regulations provide such other definitions, or terms used in this By-Law, as it deems useful in order to carry out its obligations under this By-Law. SECTION 8 The Conservation Commission may, as part of its order of conditions, require, in addition to any security required by any other town or state Board, Commission, agency or officer, that the performance and observance of the conditions imposed hereunder 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) : (1) By a proper bond or a deposit of money or negotiable securities, sufficient in the opinion of the Conservation Commission to secure perfor- mance of the conditions and observance of the safeguards of such order of conditions. (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 order of conditions shall be performed before any lot may be conveyed other than by mortgage deed. SECTION 9 Whoever violates any provision of this By-Law shall be punished by a fine of not more than $200. Each day or portion thereof of continuing violation shall constitute a separate offense. This By-Law may be enforced by any Town Police Officer or other officer having police powers. or act in any other manner in relation thereto. (Inserted at the request of Planning Board and Conservation Commission) -46- ARTICLE 86. To see if the Town will vote to add the following described parcel of land under Section 22 RD - multi-family dwelling districts : A parcel of land on the Southerly side of East Street bounded and described as follows : NORTHERLY by East Street, 908.2 feet; NORTHWESTERLY by the intersection of East Street and Adams Street, 128.4 feet; SOUTHWESTERLY by land of the Town of Lexington, 386.6 feet and 602 feet; SOUTHWESTERLY by land now or formerly of George and Barbara Estey, 346. 7 feet; SOUTHERLY by Colony Road, 110 feet; EASTERLY by land now or formerly of Walter & Marie Lojek, 200.3 feet; SOUTHERLY by land of said Lojek and by land now or formerly of Kenneth & Virginia MacWilliams, 200 feet; WESTERLY by land of said MacWilliams, 45 feet; SOUTHERLY by land now or formerly of Frank Lawrence et ux and by land now or formerly of Francis Coscia et ux, 180 feet; SOUTHEASTERLY by land now or formerly of George Greenlaw et ux and by land now or formerly of Eugene Carter et ux, 201.4 feet; SOUTHWESTERLY by land of said Carter, 150 feet; SOUTHEASTERLY by Grant Street, 100 feet; NORTHEASTERLY by land now or formerly of Carlson, 200 feet; SOUTHEASTERLY by land now or formerly of Carlson, 90 feet; SOUTHWESTERLY by land now or formerly of Carlson, 100 feet; SOUTHEASTERLY by land of Carlson by three courses measuring respectively, 81.5 feet, 12.4 feet and 360.4 feet; NORTHEASTERLY by land now or formerly of Carlson, 107.9 feet; SOUTHEASTERLY by land of said Carlson, 140 feet; NORTHEASTERLY by East Street, 240 feet; NORTHWESTERLY by land now or formerly of Francis M. Baskin, 101.9 feet and 110.2 feet; NORTHEASTERLY by land of said Baskin, 131.97 feet; SOUTHEASTERLY and EASTERLY by land of said Baskin, 70 feet and 115.80 feet; NORTHEASTERLY by East Street, 50.4 feet; WESTERLY by land now or formerly of V. M. Weinmayer, 122.4 feet; NORTHERLY by land of said Weinmayer, 124.8 feet; EASTERLY by land of said Weinmayer, 128 feet. (Inserted at the request of ten or more registered voters) -47- ARTICLE 87. To see if the Town will vote to amend the Zoning By-Law as follows: To see if the Town will vote to amend the Zoning By-Law by adding thereto a new Section 39 as follows: SECTION 39 SALES AND SERVICE DISTRICT--CT 39.11 Dimensional Control in the Absence of Special Permit. Except where special permit has been granted by the Board of Appeals, dimensional controls in CT Districts shall be the same as those of the CH District. 39.12 General Objectives. The CT District is entitled to allow greater flexibility in land use planning for the development of tracts of land of 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 the sales, service and storage of automobiles, both new and used; to insure that site development plans will be presented to the Town Meeting in con- nection with a proposal to rezone a tract of land to CT; and to enable the Board of Appeals to require adherence to such site development plans in the granting of a special permit as here- inafter described. 39.13 Town Meeting Presentation. The site development plans presented to the Town Meeting for the proposed development should show in a general manner, but drawn to scale, the proposed locations, types, floor plans and designs for proposed buildings, drives, parking areas, the proposed grading, drainage system and the proposed location of open space. The said plan should show the proposed density of building and the extent of open space. 39.2 Special Permit Provisions. The Board of Appeals may grant a special permit for the development of any tract of land greater than five (5) acres in a CT 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 site development plans will be expected to conform substantially to the site develop- ment plan presented to the Town Meeting. The Board of Appeals may, in its discretion, permit deviations from the site development plans presented to the Town Meeting, provided however, that the Board shall not permit any increase in the building unit as presented to the Town Meeting in excess of twenty (20Z) percent of the size of the building as proposed. -48- 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, open space, planting, screening, landscaping and other improvements and the location and outlines of proposed buildings. It should also contain preliminary architectural drawings for the building plans, including typical floor plans , elevations and sections. Copies of the aforesaid plans shall be submitted to the Planning Board at the same time that they are submitted to the Board of Appeals. 39.5 Planning Board Report of Recommendations. The Planning Board shall submit in writing to the Board of Appeals its report of recommendations as to the appropriateness of the pro- posed development as it relates to the presentation made to the Town Meeting. 39.6 Board of Appeals Action. The Board of Appeals shall not take any action on an application for a special permit for CT 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 sub- mission of the application. Where its decision differs from the recommendation of the Planning Board, the Board of Appeals shall state in its decision the reasons therefor. 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 presented to the Town Meeting in connection with the proposed rezoning of the tract to CT. 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 regu- lations, with the development under such special permit shall other- wise 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. 39.9 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. Or act in any other manner in relation thereto. (Inserted at the request of ten or more registered voters) -49- ARTICLE 88. 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: CT--SALES AND SERVICE DISTRICTS B. By inserting in SECTION 25--USE REGULATIONS SCHEDULE, after the column headed CB a new column headed CT and having the same symbols opposite the various use designations as now appear in the column headed CS, except for the following: 25.53--SPS 25.54--SPS C. By inserting in SECTION 27--SCHEDULE OF DIMENSIONAL CONTROLS after the column heading entitled CB a new column heading entitled CT and pro- viding in the CT District the same schedule of dimensional controls as exist in the CH District. D. By inserting in SECTION 32.1--SCHEDULE OF REQUIRED PARKING AND LOADING a CT District beside each requirement 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 and additional district labeled CT. Or act in any other manner in relation thereto. (Inserted at the request of ten or more registered voters) -50- ARTICLE 89. 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 CT--SALES AND SERVICE DISTRICT, by revising the zoning map and adopting a new zoning map No. CT-1 showing as a CT 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 for- merly 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 ten or more registered voters) -51- ARTICLE 90. To see if the Town will vote to appropriate a sum of money from available funds toward the reduction of the tax rate for the fiscal year; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) And you are directed to serve this warrant seven 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 seventh day of February, A.D. , 1977. p, /fr : _,__J zLI / ! Selectmen � r, , i ;, .1 .'EJ:i_..,'" of r i , ,. 1�� �024:14 ///; _ _„z/„// Lexington / - I I . A true copy, Attest: Cons't �e of Lexington , 7 p, CONSTABLE'S RETURN aT 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 ,./.6) days before the time of said meeting. Attest: Constaabl.e of Lexington