HomeMy WebLinkAbout1978-03-06-TE-Warrant-and-1978-03-20-ATM-Warrant TOWN WARRANT RECEIVED
Town of Lexington {978 FEB 23 PHp 3 03
Commonwealth of Massachusetts r TOWN q�CLERKMiddlesex,ss.
To either of the Constables of the Town of Lexington, in said Con y',' MASS.
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 sixth
day of March, A.D. , 1978 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;
One Moderator for the term of one year;
One member of the School Committee for the term of three years;
One member of the Planning Board for the term of five years;
One member of the Planning Board for the term of one year;
Seven Town Meeting Members in Precinct One, for the term of three years;
Seven Town Meeting Members in Precinct Two, for the term of three years;
Nine 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, 1980 and the one receiving the next
highest number of votes to fill an unexpired term ending March, 1979;
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, 1979;
Ten Town Meeting Members in Precinct Five, the seven receiving the highest number of
votes to serve for the term of three years, the three receiving the next highest number
of votes to fill unexpired terms ending March, 1979;
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, 1979;
Eight Town Meeting Members in Precinct Seven, 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;
Seven Town Meeting Members in Precinct Eight, for the term of three years;
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.
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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 twentieth day of March, 1978, 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 transfer 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)
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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 provided 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 relation 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
1977 annual town meeting, to be used during the current fiscal year and determine
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)
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 pro-
vided 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)
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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 vote to appropriate the total amount of
State Aid to public libraries received in 1978 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 10. 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)
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ARTICLE 11. 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 1979 Annual Town Meeting; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 12. 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 13. 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, 1978, 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)
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ARTICLE 14. 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 15. 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 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)
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ARTICLE 16. To see if the Town will vote 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 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 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)
ARTICLE 17. 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)
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ARTICLE 18. To see if the Town will authorize the Selectmen to enter
into an agreement with the Town of Arlington to provide for a sewer connection
for Patricia Terrace, 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 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; authorize the Selectmen to apply for, accept,
expend and borrow in anticipation of federal and state aid for such sewer
projects; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 20. To see if the Town will vote to rescind the borrowing authorizations
for sewer projects voted under Article 74 of the warrant for the 1968 Annual Town
Meeting, Article 4 of the warrant for the January 11, 1971 Special Town Meeting,
and Article 23 of the warrant for the 1973 Annual Town Meeting; or act in any other
manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 21. 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 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 22. To see if the Town will appropriate a sum of money for highway
construction under the authority of Chapter 90 of the General Laws as funded by
Chapter 356 of the Acts of 1977, and determine whether the money shall be pro-
vided 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)
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ARTICLE 23. To see if the Town will appropriate a sum of money for engineering
services for a comprehensive drainage study of 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)
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; authorize the Selectmen to apply
for, accept and borrow in anticipation of federal and state aid for the project;
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)
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ARTICLE 26. To see if the Town will authorize the Selectmen to acquire
by purchase, eminent domain or otherwise for cemetery purposes all or any part
of land shown as Lot 9 on Assessors' Property Map 85, now or formerly of Chin
Ming and Chin Yuen Fee 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)
ARTICLE 27. To see if the Town will appropriate a sum of money to recondition
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; authorize the trade in of a fire truck with the proceeds to be
applied to the project; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 28. 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 29. To see if the Town will appropriate a sum of money for
engineering studies relating to the feasibility of constructing a solid waste
transfer station and for plans and specifications for such a facility; 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)
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ARTICLE 30. 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)
ARTICLE 31. To see if the Town will appropriate a sum of money in
addition to the amount appropriated under Article 71 of the warrant for the
1974 annual town meeting, to be placed in a special fund to pay employees of
the Town who perform off-duty work details related to their regular employment
as provided in G.L. c.44s.53C; 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)
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ARTICLE 32. To see if the Town will resolve that a senior citizen center
should be established.
Whereas more than 4,000 persons in Lexington are 60 years or older (greater than
10% of the population) and there is no adequate space available in Lexington for
said senior citizens to meet on a daily basis, we propose the building of a
senior center. A senior citizen center will help alleviate loneliness for the
many senior citizens who live by themselves, provide intellectual stimulation,
provide a place to develop and pursue interests, provide a place to congregate
for meals, and provide information and referral. Space will be available as
a daycare center for the frail elderly to help them maintain themselves in
their own home environment.
It is proposed to establish a center of 5,000 square feet, more or less,
approximately one square foot of room for each citizen 60 years of age or
older. This center would include a large meeting room, a small meeting room,
daycare area, medical consultation area, kitchen, library area, office,
craft area, exercise room, lavatories, and storage space.
(Inserted at the request of ten or more registered voters)
ARTICLE 33. To see if the Town will appropriate a sum of money to build or
rehabilitate a building for a senior citizen center, and to 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 ten or more registered voters)
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ARTICLE 34. 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; authorize
the School Committee to dispose of surplus personal property and material in
connection with the transfer of surplus buildings and the use of remaining
buildings; or act in any other manner in relation thereto.
(Inserted by School Committee)
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ARTICLE 35. To see if the Town will appropriate a sum of money for final
plans and specifications for an outdoor swimming pool complex at the present
site of the Centre Pool Complex, 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 Recreation Committee)
ARTICLE 36. To see if the Town will appropriate a sum of money for the
construction of bicycle paths, routes and lanes 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, by transfer from available
funds, or by borrowing, or by any combination of these methods; authorize the
Selectmen to apply for, accept, expend and borrow in anticipation of federal and
state aid for such projects; 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 the
installation of tennis court lighting on 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)
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ARTICLE 38. 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
outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws,
or other interest in all or any part of land shown as Lot 68 on Assessors'
Property Map 15, Lots 27 and 28 on Assessors' Property Map 23 and Lots 54B,
80 and 81 on Assessors' Property Map 31; 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 manner in relation thereto.
(Inserted at the request of Conservation Commission)
ARTICLE 39. 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 A 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 manner in relation thereto.
(Inserted at the request of Conservation Commission)
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ARTICLE 40. 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 104B and 106 on Assessors'
Property Map 9 and Lots 48A, 49A, 51, 52, 53 and 54A on Assessors Property
Map 15; 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 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 18 on Assessors'
Property Map 82, now or formerly of Johnson; 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)
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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 40 and Lots 121
through 129 on Assessors' Property Map 24; now or formerly of Sowkow &
Preziosi; 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)
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ARTICLE
20-ARTICLE 43. 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 adjacent to the Lower Vine Brook
Conservation area shown as Lots 44 and 45 on Assessors' Property Map 47 and
Lot 225 on Assessors' Property Map 48; 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, and
authorize the Selectmen to transfer, 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 7, 12, 13, 14, 15, 16, 26, 27, 28, 32, 33, 34, 37 and 73 on Assessors'
Property Map 59, Lots 35 and 45 on Assessors' Property Map 67 and Lot 146 on
Assessors' Property Map 83; 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)
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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, and
authorize the Selectmen to transfer, 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 427, 429, 430, 431, 432, 433, 456, 457, 458, 459, 460,
484, 485, 486, 487, 488, 489, 490, 491, 492, 502, and 503 on Assessors'
Property Map 72, Lots 118, 119, 120, 121, 122, 123, and 124 on Assessors'
Property Map 78, Lots 1, 2, 3, 5, 10, 11, 15, 17, 23, 28, 30, 31, 32, 33, 34,
36, 38, 39, 40, 41, 42, 43, and 45, on Assessors' Property Map 79; 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)
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ARTICLE 46. 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 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 at the request of Conservation Commission)
ARTICLE 47. To see if the Town will authorize the Selectmen to acquire
by purchase for recreational and open space purposes a two acre portion, more
or less, of that land on Grant Street between Glen Road South and Round Hill
Road, shown on the Assessors' Property Map #56 as Lot 195; and appropriate
money therefore, 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 at the request of ten or more registered voters)
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ARTICLE 48. To see if the Town will authorize the Selectmen to convey
all or any part of the land adjacent to the Burlington town line acquired
pursuant to the vote under Article 10 of the warrant for the June 14, 1971
Special Town Meeting to the original owners; or act in any other manner in
relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 49. To see if the Town will vote to convey the discontinued
portion of Hinchey 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 to Josephine and Michael Colangelo; or act in any other
manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 50. To see if the Town will vote to accept a gift of land from
the Commonwealth of Massachusetts of approximately eleven acres consisting of
Parcels 101 through 107 as shown on a plan entitled "The Commonwealth of
Massachusetts, Plan of Road in the Town of Lexington, Middlesex County,
Laid out as a State Highway by the Department of Public Works, January 20, 1953,
Scale: 40 feet to the inch, W.C. Tuttle, Chief Engineer, Layout No. 4034",
recorded in the Middlesex South Registry of Deeds, Book 8029, Page 479, or
act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 51. To see if the Town will vote to establish as a town way
and accept the layout of as a town way Cushing Street from Sullivan Street
a distance of 425 feet, more or less, to end, as laid out by the Selectmen
and shown upon a plan 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 street and
for land acquisition; 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)
ARTICLE 52. To see if the Town will vote to establish as a town way
and accept the layout of as a town way Banks Avenue from Chase Avenue a
distance of 800 feet, more or less, to Carville Avenue, as laid out by the
Selectmen and shown upon a plan 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 street and for land
acquisition; 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)
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ARTICLE 53. To see if the Town will vote to establish as a town way
and accept the layout of as a town way Tucker Avenue from Chase Avenue a
distance of 175 feet, more or less, to Tarbell Avenue, as laid out by the
Selectmen and shown upon a plan 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 street and for land
acquisition; 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)
ARTICLE 54. 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)
-2U-
ARTICLE 55. To see if the Town will vote to amend Section 7 of Article XXV
of the General By-Laws of the Town of Lexington by striking such Section and
substituting therefor the following:
Section 7. No person shall use or operate on any sidewalk or
independent bicycle path any motorized vehicle, except wheel-
chairs. Non-motorized bicycles may be ridden on sidewalks
except in those areas (such as business districts) as may
be designated by the Board of Selectmen. A person operating
a bicycle on the sidewalk shall yield the right of way
to pedestrians and give an audible signal before overtaking
and passing any pedestrian. Bicycles shall otherwise be
operated according to Chapter 85, Section 11B of the General
Laws of Massachusetts.
or act in any other manner in relation thereto.
(Inserted at the request of Recreation Committee)
-28-
ARTICLE 56. To see if the Town will vote to amend Section 14 of
Article XXV of the General By-Laws of the Town of Lexington by striking such
Section and substituting therefor the following:
Section 14. No owner of a building abutting upon or adjacent
to the line of any street, or his agent having care thereof,
shall cause, permit or suffer the water from the roof, cellar,
or any drain therefrom to discharge upon or flow across the
surface of the sidewalk or street adjacent to such building.
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 57. To see if the Town will vote to amend Article XXV of the
General By-Laws of the Town of Lexington by adding a new Section 15A thereto
as follows:
Section 15A. No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, uncontaminated cooling water, or unpolluted industrial
process waters to any sanitary sewer.
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
-29-
ARTICLE 58. To see if the Town will vote to accept Section 100B of
Chapter 41 of the General Laws relating to indemnification of retired
police officers and fire fighters for certain hospital and medical expenses;
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 59. To see if the Town will vote to authorize the Selectmen
to petition the General Court for an act exempting the positions of sealer
of weights and measures and inspector of plumbing from the civil service
laws; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 60. To see if the Town will vote to accept a gift of money from
the Bicentennial Corporation; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
- ED
ARTICLE 61. To see if the Town will vote to amend the Zoning By-Law by:
1. Amending Section 1 by adding the following definitions:
RESTAURANT: A place for serving, by a waiter or waitress, and
consumption of meals on non-paper plates at tables and/or at a
counter inside a building or at a patio on the property.
FAST FOOD SERVICE: A self-service place for consumption of food
or beverage inside a building, or on the property where permitted.
TAKE OUT FOOD SERVICE: A place primarily for dispensing prepared
food to persons carrying the food away for consumption elsewhere.
DRIVE-IN: A place for dispensing prepared food primarily to per-
sons who eat this food while sitting in cars on the drive-in
property.
2. Striking all of Section 23.5 and by striking reference to
"CS District" in Section 20.2.
3. Striking Section 25 and replacing it with the following:
(see following printed chart)
or act in any other manner in relation thereto.
Zoning District Designation For Use With Printed Chart
25.0 Residence Districts:
RO - One family dwelling districts, (30,000 sq. ft.)
RS - One family dwelling districts, (15,500 sq. ft.)
RT - Two family dwelling districts
RM - Multi-family (garden apartment) dwelling districts
RH - Subsidized housing districts
RD - Multi-dwelling districts
Commercial and Industrial Districts:
CR - Office and research park districts
CH - Hotel, office and research park districts
CM - Manufacturing and research park districts
CO - Office districts
CN - Neighborhood business districts
CG - General business districts
CB - Central business districts
(Inserted at the request of Planning Board)
Section 25 - USE REGULATIONS SCHEDULE
Use Designation
RESIDENTIAL USES RO
RS RH RT RD RM CR CH CM CO CN CG CB
25.1.1 One family dwellings ' Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
25.1.2 Two family dwellings No No Yes SPS No No No No No No Yes Yes
25.1.3 Garden apartments* (each must be connected to public sanitary sewer) No No No SPS SPS No No No No No No No
25.1.4 Apartments on second and third floor of business buildings(see subsection 24.4) No No No No No No No No No No No SP
25.1.5 Hotel or motor hotel (must be connected to public sanitary sewer) No No No No No No SPS No No No SPS SPS
25.1.6 Dwelling conversion to two family SP SP Yes SP SP SP SP SP SP SP Yes Yes
25.1.7 Multi-unit dwellings No No No SPS No No No No No No No No
25.1.8 Municipal buildings and public buildings converted to residential use **. . . SPS SPS SPS SPS SPS SPS SPS SPS SPS SPS SPS SPS
*Provided that no living quarters shall be located below the mean finished
grade of the ground adjoining the building, nor above the second story.
**Special permits under this Section shall be governed by Section 28
INSTITUTIONAL, EDUCATIONAL AND RECREATIONAL USES RO
RS RH RT RD RM CR CH CM CO CN CG CB
25.2.1 Religious, sectarian or denominational schools, buildings and uses, including
parish houses and rectories; public schools, parks, playgrounds; municipal
buildings and uses Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
25.2.2 Schools other than those in Section 25.2.1; hospitals; sanitaria; nursing,
convalescent and rest homes; homes for the aged; charitable institutions;
cemeteries SP SP SP SP SP SP SP SP SP SP SP SP
25.2.3 Passenger stations, landing fields, telephone exchanges; radio and television
transmitting sites; sites, buildings and uses for other public services;
private water towers and reservoirs SP SP SP SP SP SP SP SP SP SP SP SP
25.2.4 Private parks, playgrounds, clubs and recreation buildings of a non-commercial
and non-profit nature, standard or par-three golf course SP SP SP SP SP SP SP SP SP SP SP SP
25.2.5 Places and buildings for public assembly SP SP SP SP SP SP SP SP SP SP SP SP
25.2.6 Billiard rooms, bowling alleys, dance halls, skating rinks, theatres and
similar commercial amusement places No No No No No No No No No No No SP
25.2.7 Miniature, pitch and putt, driving and novelty golf installations No No No No No No No No No No SP SP
AGRICULTURAL USES RO
RS RH RT RD RM CR CH CM CO CN CG CB
25.3.1 Commercial raising, boarding, breeding or keeping of animals SP SP SP SP SP SP SP SP SP SP SP SP
25.3.2 Commercial greenhouses and nurseries SP SP SP SP SP SP SP SP SP SP SP SP
25.3.3 Other farms, including truck gardens and nurseries, but only tools, equipment
and vehicles incidental to the actual use of the premises may be stored thereon Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
25.3.4 Roadside stand (for two year terms) SP SP SP SP SP SP SP SP SP SP Yes Yes
25.3.5 Seasonal sale of Christmas trees and wreaths SP SP SP SP SP SP 5P 5P SP SP Yes Yes U)
j I Section 25 - USE REGULATIONS SCHEDULE (Continued)
Use Designation
1 OFFICE USES RO
RS RH RT RD RM CR CH CM CO CN CG CB
25.4.1 Physicians, dentists, opticians No No No No No SPS SPS SPS SPS Yes Yes Yes
25.4.2 Veterinarians and animal hospitals No No No No No SPS SPS SPS SPS SP SP SP
25.4.3 Offices of salesman, agents and representatives of manufacturing, distributing,
insurance and wholesale companies No No No No No SPS SPS SPS SPS No Yes Yes
25.4.4 Administrative, executive, professional and similar offices No No No No No SPS SPS SPS SPS No Yes Yes
AUTOMOTIVE SALES AND SERVICE USES RO
RS RH RT RD RM CR CH CM CO CN CG CB
25.5.1 Retail gasoline, oil and lubrication stations and places of business for the
sale and installation of tires and other automobile accessories, maintenance
and minor repairs of motor vehicles No No No No No No No No No SP* SP SP
25.5.2 Parking of motor vehicles (other than in connection with a use permitted by
this section) No No No No No No No No No No SP SP
25.5.3 Major mechanical repairs, auto body repairs No No No No No No No No No No SP SP
25.5.4 Storage, retail sales and rental of automobiles, aircraft, marine craft, farm
and other heavy machinery and vehicles including the accessories thereof . . . . No No No No No No No No No No SP SP
25.5.5 Commercial car wash establishments* No No No No No No No No No No SP SP
*Where in the opinion of the Board of Appeals a clearly established need
will be served thereby, and subject to such conditions, restrictions and
safeguards as the Board of Appeals may impose to protect the character
of neighborhood and to reduce interference with the safe and convenient
flow of traffic.
RETAIL, CONSUMER SERVICES AND TRADE USES RO
RS RH RT RD RM CR CH CM CO CN CG CB
25.6.1 Retail dealers in bottled gas, grain, animal feed, ice and milk No No No No No No No No No No SP Yes
25.6.2 Retail liquor stores No No No No No No No No No No No Yes
25.6.3 Real estate brokers, travel bureaus, insurance agencies No No No No No SPS SPS SPS SPS SP SP SP
25.6.4 Banks No No No No No No No No No No SP SP
25.6.5 Drugstores, retail stores for sale of beauty and health aids, medicines, medical
supplies, groceries and food not for consumption on the premises, smoking
supplies, periodicals, books, stationery, toys, hardware, arts and crafts
supplies; service businesses primarily servicing neighborhood needs, such as
but not limited to barbers, hairdressers, beauticians, manicurists; watch, shoe
or clothing repair No No No No No No No No No Yes Yes Yes
25.6.6 Retail stores other than above: caterer, confectioner, decorator, hand laundry,
florist, photographer No No No No No No No No No No Yes Yes
25.6.7 Self service automatic laundry and dry cleaning establishments, pick-up uJ
stations of cleansing, laundry and dyeing plants No No No No No No No No No SP Yes Yes i,
1
Section 25 - USE REGULATIONS SCHEDULE (Continued)
Use Designation
RETAIL, CONSUMER SERVICES AND TRADE USES (Continued) RO
RS RH RT RD RM CR CH CM CO CN CG CB
25.6.8 Radio, television and electrical appliance repairs No No No No No No No No No No Yes Yes
25.6.9 Dressmaking or tailoring establishments, including those specializing in
alterations, furriers, milliners, printing shops, bakeries and similar shops
or trades provided that all work shall be of custom or job order type for
sale on the premises and that there shall be no production for stock or
for wholesale No No No No No No No No No No Yes Yes
25.6.10 Sale of air conditioning, heating, refrigerating and plumbing equipment and
supplies, lumber, fuel, structural and building materials and supplies; general
building, building maintenance, landscaping, electrical and similar contractors,
masons, carpenters, well-drillers, blacksmiths and locksmiths, reupholstering
furniture and other similar repair services No No No No No No No No No No SP SP
25.6.11 Undertakers, funeral homes No No No No No No No No SP SP SP SP
25.6.12 Restaurants No No No No No SPS SPS SPS SPS No SP SP
25.6.13 Fast food service No No No No No No No No No No SP SP
25.6.14 Take out food service No No No No No No No No No SP SP SP
25.6.15 Drive in restaurant No No No No No No No No No No No No
25.6.16 Commercial non-manufacturing uses other than those enumerated elsewhere in
the Use Regulations Schedule No No No No No No No No No No SP SP
INDUSTRIAL USES RO
RS RH RT RD RM CR CH CM CO CN CG CB
25.7.1 Light manufacturing, including bakeries without retail sales No No No No No No No SPS No No No No
25.7.2 Laboratories engaged in research, experimental and testing activities, including
but not limited to the fields of biology, chemistry, electronics, engineering,
geology, medicine and physics No No No No No SPS SPS SPS No SP SP SP
25.7.3 Storage and distribution of packaged articles owned by the occupant, provided
that all storage shall be inside the walls of buildings of first or second
class construction No No No No No No No SPS No No SP SP
25.7.4 Removal of earth materials SP SP SP SP SP SP SP SP SP SP SP SP
25.7.5 Production of articles wholly or in substantial part from materials excavated
or grown on premises (for yearly terms) SP SP SP SP SP SP SP SP SP SP SP SP
TEMPORARY USES RO
RS RH RT RD RM CR CH CM CO CN CG CB
25.8.1 Temporary structures and uses not conforming to this By-Law subject to
conditions for the protection of the community SP SP SP SP SP SP SP SP SP SP SP SP
Section 25 - USE REGULATIONS SCHEDULE (Continued)
Use Designation
ACCESSORY USES RO F
_ RS RR RT RD RM (:R OR rM rn rw na rR
25.9.1 Taking not more than three boarders or letting or renting of rooms without cook-
ing facilities to not more than three persons, in an existing dwelling by a fami-
ly therein;* home occupation (see definition) in an existing dwelling: accessory
signs subject to Sections 34 and 35 hereof and the Town Sign By-Law; garage
space for parking not more than three automobiles, one of which may be a commer-
cial vehicle if owned or used by a person resident in the dwelling to which the
garage is accessory: outdoor parking of non-commercial vehicles**: swimming
pools, provided that any such pool which meets the definition of a structure
shall be subject to provisions of Section 27 of the By-Law; greenhouses not in-
tended and not used for commercial purposes and subject to regulation as a
structure Yes Yes SP YesYesYes Yes Yes Yes Yes Yes Yes
25.9.2 Use of a portion of a dwelling as an office by a physician, dentist or other
professional person residing in the dwelling incidental to such residence. . . . SP SP SP SP SP SP SP SP SP SP Yes Yes
25.9.3 Buildings normally accessory to garden apartments No No No SP Yes No No No No No No No
25.9.4 Incidental sale at retail of parts or components necessary for the maintenance
of articles stored and distributed No No No No No No No Yes No No Yes Yes
25.9.5 Retail uses such as cafeterias, soda or dairy bars, wholly within the same
building as the principal permitted use, conducted primarily for the conven-
ience of employees and with no exterior advertising display No No No No No SPS SPS SPS SPS No Yes Yes
25.9.6 Retail uses in support of a hotel or motor hotel, such as dining halls, res-
taurants, cafeterias, soda or dairy bars, and shops, such uses shall be wholly
within or connected to the hotel or motor hotel building and with accessory
signs as permitted under the Sign By-Law No No No No No No SPS No No No SP SP
25.9. 7 Delicatessens, lunch counters and soda fountains incidental to the permitted
business of a drugstore No No No No No No No No No SP Yes Yes
25.9.8 Garage space larger than permitted under Subsection 25.8.1 above No No No No No Yes Yes Yes Yes Yes Yes Yes
25.9.9 Outdoor parking of commercial vehicles** No No No No No Yes Yes Yes Yes Yes Yes Yes
* No dwelling may be erected for the purpose of taking boarders or letting or a
renting of rooms without a Special Permit by the Board of Appeals
** Outdoor parking is subject to provisions of Section 31 and 32 and for uses
permitted in RO, RS and RT districts need not be on the same lot as the
principal use to which it is accessory.
Section 25 - USE REGULATIONS SCHEDULE (Continued)
Use Designation
•
ACCESSORY USES (Continued) RO
RS RH RT RD RM CR CH CM CO CN CG CB
25.9.10 Wholesale of commodities accessory to the permitted retail sale of such
commodities in the district No No No No No No No No No No SP SP
25.9.11 Outdoor storage of supplies and equipment incidental to permitted uses, subject
to appropriate requirements for location, lighting, screening, fencing, cover
and safety precautions No No No No No SPS SPS No SPS No SP SP
25.9.12 Outdoor overnight parking of freight-carrying or material-handling vehicles
and equipment No No No No No SPS SPS SPS No No Yes Yes
25.9.13 Manufacturing, processing or storing goods and materials as a part of and re-
lated solely to research, experimental and testing activities; maintenance
shops, power plants, keeping of animals, antennae and machine shops and similar
operations to support permitted uses No No No No No SPS SPS SPS No No No No
25.9.14 Uses accessory to permitted scientific research, development or related
production activities No No No No No SPS SPS SPS SPS No No No
PROHIBITED USES IRO
IRS RH RT RD RM CR CH CM CO CN CG CB
25.10.1 Any building or use not expressly permitted by this By-Law and not accessory to
such permitted building or use; any structure or use, whether or not otherwise
permitted or accessory to a permitted building or use, which may be disturbing
or detrimental to the health, safety or welfare of persons working or living in
the neighborhood by reason of special danger of fire or explosion, pollution of
water ways, corrosive or toxic fumes, heat, gas, smoke, soot, obnoxious dust
or glare, excessively bright or flashing lights, electromagnetic radiation,
offensive noise, or vibration No No , No No No No No No No No No No
25.10.2 Junkyards (see definition) and automobile graveyards No No No No No No No No No No No No
1 '
ARTICLE 62. To see if the Town will vote to amend the Zoning By-Law by:
1. Adding thereto a new Section 42 as follows:
SECTION 42 The Board of Appeals may grant a special permit for
the following uses in a CT District, subject to the requirements and
conditions described below: Executive, administrative, professional
offices, real estate brokers, insurance agencies, travel agencies
and similar uses and retail sales establishments, but no establish-
ment shall sell food or drink for consumption on the premises. Liquor
stores are not permitted.
42.1 The general objective of the CT District is to create a
buffer zone around selected areas of the Central Business District,
which will allow the use of existing structures for restricted
commercial developments that are, in the opinion of the SPCA,
compatible with the surrounding residential neighborhood.
42.2 Special permits issued under this section can be granted
for the conversion of existing structures. No special permit shall
be granted for totally new construction or substantial enlargment of
exterior structures.
42.3 Hours of operation shall be limited from 8:30 a.m. to
6:30 p.m. for retail uses under this zone. No retail establishment
in this zone may be open on Sundays.
42.4 There must be provided sufficient on site parking to
accommodate the anticipated vehicular trips generated by the proposed
use.
42.5 The application for a special permit shall be accompanied
by a set of development plans, a copy of which shall be submitted to
the Planning Board. Such plans shall include the following:
42.51 A complete set of architectural plans showing any
interior and/or exterior modification.
42.52 A site development plan; such plan shall include
information as to the proposed landscaping, with descrip-
tions of types, sizes and locations of existing and pro-
posed trees and shrubs, proposed locations and designs of
parking areas, drainage systems, signs and outdoor lighting.
42.6 The Planning Board shall submit, in writing, to the Board
of Appeals its report and recommendations as to the appropriate-
ness of the proposed development, and shall include at least
the following:
42.61 A general description of the site in question and
its physical relationship to the surrounding area.
42.62 A review of the proposed development including
architectural modifications, site improvements and land-
scaping.
42.63 An elevation of the probable impact of proposed
use on the surrounding neighborhood, and the Planning
Board's opinion as to whether the proposal constitutes
a suitable development.
42. 7 The Board of Appeals shall cause to be made and filed
a detailed record of its proceedings indicating the vote of
each member and setting forth clearly the reason for its
decision.
42.71 In addition to the requirements of Section 12.2 of
this By-Law, the Board of Appeals shall not grant a special
permit unless it determines that the proposed use is com-
patible with the neighborhood and consistent with the
objectives of this Section 41.
42.8 If a special permit has been granted by the Board of
Appeals, but no action has been taken to proceed with the
conversion of the existing structure for which the special
permit was issued, for a period of two years thereafter,
the special permit shall lapse.
2. Adding a new subsection 23.98 as follows:
23.98 A district that runs along the back of the property
line of Forest Street between Waltham Street and Clarke
Street, and extends northeasterly to the Central Business
District as shown on Zoning District Map No. CT-1 entitled
"CT Commercial Transitional District", designated thereon
as 23.98.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 63. To see if the Town will amend the Zoning By-Law by striking
Section 12.3 and substituting therefor:
Section 12.2 Variances - The Board of Appeals may authorize upon appeal
or upon petition with respect to particular land or structures a variance
from the terms of this By-Law provided however that the Board of Appeals
shall not grant a use variance. The Board of Appeals may grant a variance
if it specifically finds that owing to circumstances relating to the soil
conditions, shape or topography of such land or structures and especially
affecting such land or structures but not affecting generally the zoning
district in which it is located, a literal enforcement of the provisions
of the By-Law would involve substantial hardship, financial or otherwise,
to the petitioner or appellant, provided that said variance may be granted
without substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of this By-Law. The
Board of Appeals may impose conditions, safeguards and limitations both
of time and of use.
S U
12.21 Regpests for a variance shall be made by filing two
copies with the Board of Appeals and one copy with the Town Clerk;
the Board of Appeals shall forthwith transmit one copy to the
Planning Board. The Board of Appeals shall hold a hearing on any
request for a variance within 65 days of the filing, shall properly
serve notice of such hearing, and shall render its decision within
75 days of the filing of the application.
12.22 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 12.23 Notwithstanding the provisions of Section 12.3 of this
By-Law, the Board of Appeals, with respect to any use variances law-
fully in effect on October 25, 1977, and granted only to the applicant,
may grant, upon the application of the successor to the holder of the
variance, a use variance with, at least, the same conditions, safe-
guards, and requirements as contained in the use variance granted to
the original applicant.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 64. To see if the Town will vote to amend the Sign By-Law as
follows by:
1. Striking from Article III, Section 2(A) (1) (a) the third sentence,
and substituting therefor "If affixed to a wall or roof, it shall be
parallel with and not project more than twelve (12) inches from the face
of such wall; except that if such sign employs no lettering with letters
exceeding three inches in height, it may be perpendicular to the wall
and project no more than thirty-six inches from the face of the wall.
Any person wishing to erect a sign perpendicular to the wall shall first
apply to the Board of Appeals for a permit to do so. An application for
such a permit shall include a facsimile of the proposed sign, in the
proposed colors and drawn and lettered to scale. Such a sign shall be
wood or have the appearance of wood.
2. Inserting after the first paragraph of Article III, Section 2(A)
(1) (f) the following:
Brilliance of illuminated signs shall at no point, except
in the illuminated letters, exceed 150 foot lamberts.
Interior illumination of signs are prohibited, except
for gasoline filling stations.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 65. To see if the Town will vote to amend the Zoning By-Law by:
1. Adding thereto a new section 41 as follows:
SECTION 41. CONTROLLED COMMERCIAL AND INDUSTRIAL DISTRICT-CD
41.1 GENERAL OBJECTIVES
The CD district is intended to allow greater flexibility in
land use planning for the development of tracts of land for
commercial or industrial use, and to enable the SPGA to require
adherence to site development and use plans presented to Town
Meeting, in the granting of a special permit as provided in
this section.
41.2 USES IN THE ABSENCE OF A SPECIAL PERMIT
In the absence of a special permit provided for in this section
or upon abandonment of all uses permitted by such special permit,
the permitted uses and dimensional controls in a CD district
shall be those presently in effect in the district for which the
land was zoned immediately prior to its inclusion in the CD
district.
41.3 TOWN MEETING PRESENTATION
A proposal to Town Meeting to include specific land in a CD
district shall be accompanied by, and reference explicitly,
a preliminary site development and use plan, which shall be
filed with the Town Clerk.
This plan shall show in a general manner, but drawn to scale,
the proposed locations, types, floor plans and designs for the
proposed buildings, accessory structures, drives, parking areas,
exterior lighting, landscaping, proposed grading, bodies of
water, watercourses, drainage system, and the proposed location
of any permanent open space. The plan shall show the minimum
setback of buildings and parking areas from all bodies of water,
watercourses, and boundaries. The plan shall also show the
amount of parking to be provided. The plan shall list all uses
which are proposed for the land and buildings.
The plan may also contain such additional specifications as the
proponent feels necessary to pursuade Town Meeting that the
development will serve the public interest. If such additional
specifications are included, adherence to them shall be required
in the same manner as the mandatory specifications.
41.4 SPECIAL PERMIT PROVISIONS
Within two years of the approval of a plan for a CD district by
Town Meeting, the SPGA may grant a special permit for the develop-
ment of a tract of land in the CD district subject to the follow-
ing provisions.
The special permit shall incorporate by reference the building
design and site development plans filed with the application
for a special permit, and such plans shall conform substantially
to the plans approved by Town Meeting. The permit may allow
any or all of the uses specified in the plan approved by Town
Meeting but no others. The SPGA may in its discretion, permit
minor deviations from the plan approved by Town Meeting provided
they do not conflict with the intent of the plans, they do not
allow building coverage, building floor area, or paved area,
to exceed that shown on the approved plan by more than 10%, and
provided that all minimum setbacks shown on the approved plan
are complied with. The permit shall require that any land
designated as permanent open space on the approved plan shall be
protected by an easement granted to the Town. The permit shall
contain such additional conditions as the SPGA finds will serve
the public interest.
41.5 APPLICATION REQUIREMENTS
The application to the SPCA for a special permit under this section
shall be accompanied by a plan showing the parcel involved, its
topography including proposed changes, soil culture, proposed
location, dimensions, materials and type of construction of drives
and parking areas, exterior lighting plans, exterior signs, pro-
posed drainage system, permanent open space, landscaping and
other improvements, and the location and outlines of proposed
buildings and accessory structures. It shall also contain pre-
liminary architectural drawings for the building plans, including
typical floor plans, elevations and sections. It shall also be
accompanied by an order of conditions from the Conservation
Commission pursuant to Article XXXIII of the General By-Laws or
a determination by the Conservation Commission that Article XXXIII
is not applicable or that conditions are not necessary. Copies
of the aforesaid plans shall be submitted to the Planning Board,
Conservation Commission, Board of Health and Town Engineer.
41.6 Planning Board Report and Recommendations
The Planning Board shall submit in writing to the Board of Appeals
its report and recommendations as to the appropriateness of the
proposed development, to include at least the following:
41.61 A general description of the tract in question and
surrounding areas.
41.62 An evaluation of the probable impact of the proposed
development on Town services and facilities.
41.63 A review of the proposed development, including such
aspects as the type or style of buildings, the size of
development and density per acre, the arrangement or layout
design of buildings and site improvements, the location and
capacity of parking, the provisions for open space within
the development, grading, landscaping and screening, the
provisions for access, egress and traffic within the develop-
ment and on adjacent streets.
41.64 An opinion of the Planning Board whether the site, the
proposed development layout, the proposed development will
constitute a suitable development compatible with the
surrounding area.
41.65 Recommendations for the granting or denial of the
special permit, including recommendations for modifications,
restrictions or requirements to be imposed as a condition for
granting the special permit.
41.7 SPGA ACTION
The SPGA shall not take any action on an application for a special
permit for a CD district development until the Planning Board,
Conservation Commission, Board of Health and Town Engineer have
submitted written recommendations to the SPGA or 35 days have
passed. Where its decision differs from the recommendations of
the above Boards or individuals, the SPGA shall state in its
decision the reasons therefor. The SPGA may deny an application
for a special permit under this section if it finds the proposed
development does not substantially conform to the plans presented
to Town Meeting or if it fails to make a finding and determination
that the proposed development will constitute a suitable develop-
ment and will not result in significant detriment to the neighbor-
hood.
41.8 AMENDMENT OF THE SPECIAL PERMIT
At any time subsequent to the issuance of a permit under this
section, the SPGA may issue a new or amended special permit in
accordance with the procedures required for the original permit.
41.9 CHANGES IN USES OF SITE DEVELOPMENT PLAN
Changes in uses or substantial changes in the site development
plan approved by Town Meeting may be made only after approval
by Town Meeting of a new preliminary site development and use
plan according to the procedures used for a zoning amendment,
followed by the issuance of a special permit based on the new
approved plan.
2. By adding at the end of Section 20.2 the following new designation:
CD-Controlled Commercial and Industrial District,
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 66. To see if the Town will vote to amend the Zoning By-Law
as follows:
1. By creating a new Section 13.0 entitled "Special Permits".
2. In Subsection 13.1 replacing the word "three" by "six",
replacing the words "Section 13" by "Subsection 13.2.1".
3. In Subsection 13.2 replacing the word "thirty" by "thirty-
five".
4. Striking the first paragraph of Subsection 13.3 and replacing
it with "The Board of Appeals shall hold a public hearing within
65 days after filing and, except as hereinafter provided, shall
take final action on an application within 90 days after the
hearing".
5. In Subsections 13.5 and 13.7 replacing the word "forty-five"
by "90".
6. Renumbering Section 13 and Subsections 13.1, 13.2, 13.3, 13.4,
13.5, 13.6, 13.7 to 13.2.1, 13.2.2, 13.2.3, 13.2.4, 13.2.5, 13.2.6,
13.2.7, 13.2.8 respectively.
7. Amending Subsection 12.2 by adding the paragraph:
In addition to the requirements of the immediately preceding
paragraph, with respect to applications under Subsections 25.6.3
and 25.6.4, the Special Permit Granting Authority shall, before
granting a special permit, find that the granting of the
special permit will contribute to a diversity of retail
services in the district for which the use is sought.
8. Renumbering Subsections 12.2, 12.21, 12.22, to 13.1.1, 13.1.2,
13.1.3 respectively.
9. Renumbering Subsection 12.3 to 12.2
10. In Section 24, replacing "Subsection 12.2" by "Subsection 13.1",
replacing "Section 13" by "Subsection 13.2".
11. In Subsections 24.4, 24.5, 30.2, 30.3, 33.65, replacing
"Subsection 12.2" by "Subsection 13.1".
12. In Subsection 28.18, replacing "Section 13" by "Subsection 13.2".
or act in any other manner in relation thereto.
(Inserted at the /tallest of Planning Board)
ARTICLE 67. To see if the Town will vote to amend the Zoning By-Law
by adding thereto a new Section 40 as follows:
SECTION 40. Federal Flood Insurance District
40.1 Purposes of District. The purpose of this section is to
provide adequate flood plain management regulations consistent
with federal criteria, within flood prone areas so as to
eliminate or reduce the damage due to flooding.
40.2 Overlay District. The flood plain district is herein
established as an overlay district and shall not supersede
other zoning districts but shall be deemed to be superimposed
over such districts. This district shall include all special
flood hazard areas designated as zone A, Al-30 on the Lexington
Flood Insurance Rate Maps (FIRM) , and the Flood Boundary and
Floodway Maps, dated effective June 1, 1978, and the Flood
Insurance Study, on file with the Town Clerk.
40.3 The Conservation Commission may grant a special permit
for any land that is within a special flood hazard area
designated as zone A, A1-30, subject to the following
requirement.
40.31 Within zones A1-30, all new construction and
substantial improvements (the cost of which equals or
exceeds fifty percent of the market value of the structures)
shall have the lowest floor, including basement, elevated
to, or above, the base flood elevation (the 100-year flood
elevation designated on the FIRM) or in the case of non-
residential structures be flood-proofed and watertight:
to the base flood level.
40.32 Within zone A, where the base elevation is not
provided on FIRM, the applicant shall provide the Conser-
vation Commission with base flood elevations data. This
data will be used to comply with the requirements of
Section 40.31.
40.33 Where watertight floodproofing of a structure is
permitted, a registered professional engineer or architect
shall certify that the methods used are adequate to with-
stand the flood depths, pressures and velocities, impact
and uplift forces and other factors associated with the
100-year flood.
40.34 Within an area designated as a floodway, the following
encroachments are prohibited, unless a registered professional
engineer or architect can demonstrate that any encrochments
shall not result in any increase in flood levels during the
occurence of the 100-year flood.
No landfill or dumping of any kind
No construction or substantial improvement
No permanent storage of materials or equipment
40.35 If construction is allowed within a floodway, all other
requirements of Section 40 must be complied with.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 68. To see if the town will vote to amend the Zoning By-Law
by changing the zoning of the land described below from RS-one family dwelling
district to CB-central business district.
A certain parcel of land, with the buildings thereon, situated on the
southeasterly side of Waltham Street in said Lexington and shown on a plan
entitled, "Plan of Land of Charles H. Franks at Lexington, Mass." dated
August, 1926, John T. Cosgrove, Engineer, recorded in Book 6753, Page 216
said parcel being bounded and described as follows:-
NORTHWESTERLY by said Waltham Street, as shown on
said plan, seventy-five (75) feet;
SOUTHWESTERLY by land now or formerly of the Catholic
Club of Lexington, as shown on said plan,
two hundred sixty-eight and 3/10 (268.3)
feet;
SOUTHEASTERLY by land now or formerly of J. Joseph Hurley,
as shown on said plan, seventy-five (75)
feet; and
NORTHEASTERLY by land now or formerly of Emily Franks,
as shown on said plan, two hundred sixty-
two and 7/10 (262. 7) feet.
Containing 19,862 square feet of land according to said plan.
or act in any other manner in relation thereto.
(Inserted at the request of ten or more registered voters)
--
ARTICLE 69. To see if the Town will vote to add the following described
parcel of land under Section 22 RD-multi-family dwelling districts:
SOUTHWESTERLY by Concord Avenue, one hundred forty-seven
(147) feet more or less;
SOUTHWESTERLY
AGAIN on a curve line having a radius of thirty (30)
feet by the intersection of said Concord Avenue
and Blossom Street, thirty-four and 38/100
(34.38) feet;
WESTERLY &
NORTHERLY by said Blossom Street on several courses a
total distance of one thousand fifty-one and
96/100 (1,051.96) feet;
NORTHERLY by land now or formerly of Seymour P. Gould,
four hundred ninety-five (495) feet;
NORTHEASTERLY by land now or formerly of Wilber, three hundred
eighteen (318) feet more or less; by land now
or formerly of the Minute Man Lexington Golf
Club, one hundred ninety (190) feet more or less;
SOUTHEASTERLY by land now or formerly of the said club, five
hundred four (504) feet;
NORTHEASTERLY by the same land, one hundred sixty-six
(166) feet;
SOUTHEASTERLY by the same land, fifty-two and 02/100 (52.02) feet;
SOUTHEASTERLY
AGAIN but more easterly the same land, seventy-three and
and 43/100 (73.43) feet;
SOUTHWESTERLY by land now or formerly of owners unknown, seventy-
five and 14/100 (75.14) feet;
SOUTHEASTERLY by the same land, one hundred forty-eight (148)
feet; more or less.
Containing twelve and 4/10 (12.4) acres more or less.
(Inserted at the request of ten or more registered voters)
ARTICLE 70. 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)
, r ,
^ 7o
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 thirtieth day of January, A.D. , 1978.
All41 ' _71.9,7- -
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/' ✓ Board
/. ,fir C.:% ..,---Y‘4-477--74----1 of
Selectmen
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A true copy attest:
Constable?of Lexington