HomeMy WebLinkAbout1979-03-05-TE-Warrant-and-1979-03-19-ATM-Warrant L
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Commonwealth of Massachusetts 2' it Middlesex, ss.
To either of the Constables of thg_Town of Lexington, in said County,
Greetings:
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 MEMO-
RIAL 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 fifth day of March, A.D. , 1979 at
7:00 o'clock A.M. , then and there to act on the following articles:
ARTICLE 1. ELECTIONS
To choose by ballot the following Town Officers:
One Selectman for the term of three years;
One Moderator for the term of one year;
Two members of the School Committee for the term of three years;
One member of the School Committee for the term of one year;
One member of the Planning Board for the term of five years;
One member of the Lexington Housing Authority for the term of five years;
Seven Town Meeting Members in Precinct One, for the term of three years ;
Eight Town Meeting Members in Precinct Two, 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;
Seven Town Meeting Members in Precinct Three, for the term of three years ;
Eight Town Meeting Members in Precinct Four, the seven receiving the highest
number of votes to serve for the [elm of three years, the one receiving
the next highest number of votes to fill an unexpired term ending March,
1981;
Seven Town Meeting Members in Precinct Five, for the term of three years;
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,
1980;
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,
1980;
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,
1981;
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,
1980.
QUESTION NO. 1: Shall licenses be granted in this Town for the operation,
holding, or conducting of a game commonly called beano?
Yes No
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 nineteenth day of March, 1979 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 REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES
To receive the reports of any Board or Town Officers or of any Committee of
the Town.
ARTICLE 3 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT
FISCAL YEAR (FY79)
To see if the Town will make supplementary appropriations, to be used in con—
junction with money appropriated under Article 4 of the warrant for the 1978
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 4. OPERATING BUDGET
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)
ARTICLE 5 SALARY ADJUSTMENTS AND COLLECTIVE
BARGAINING SETTLEMENTS
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 (a) included in collective bargaining agreements reached between the
Town and employee organizations and (b) resulting from such agreements as
they bear on the town employee wage and salary plan; 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 INDEMNIFICATION OF RETIRED POLICE
AND FIRE PERSONNEL
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
manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 7 SELF-INSURANCE OF WORKMEN'S COMPENSATION
To see if the Town will vote to accept Section 13A of Chapter 40 of the
General Laws which would authorize the Town to appropriate money to estab-
lish and maintain an insurance fund to pay workmen's compensation claims;
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 8 PRIOR YEARS' UNPAID BILLS
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 9 SUPPLEMENTAL APPROPRIATIONS FOR AUTHORIZED
PUBLIC WORKS PROJECTS
To see if the Town will make supplementary appropriations to be used in con-
junction with money appropriated in prior years for the installation or con-
struction 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 manner
in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 10 RESERVE FUND
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 avail-
able 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 11 TAX ANTICIPATION BORROWING
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, 1979, and to issue a
note or notes therefor, payable within one year, in accordance with provi-
sions 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 accor-
dance with the provisions of General Laws, Chapter 44, Section 17; or act
in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 12 SELECTMEN'S APPRAISALS AND OPTIONS
To see if the Town will authorize the Selectmen to obtain appraisals and
options on land and rights therein that they desire to recommend be acquired
by the Town for municipal purposes 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 REQUEST FOR REPORT ON SEWER POLICY AND PLANS
To receive a report from the Board of Selectmen stating their current policy,
plans, and actions regarding sewer construction, rehabilitation, and better-
ment assessment; and to see if the Town will vote to increase or decrease
the bonding authorization voted under Article 19 of the 1978 Annual Town
Meeting or act in any other manner in relation thereto.
(Inserted at the request of Martha C. Wood
and nine or more registered voters)
ARTICLE 14 INFLOW/INFILTRATION STUDY
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 15 INSTALLATION WATER MAINS
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 de—
termine, 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 the Board of Selectmen)
ARTICLE 16 DRAINAGE STUDY
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 the Board of Selectmen)
' ( ARTICLE 17 INSTALLATION DRAINS/WIDENING,
DEEPENING OR ALTERING BROOKS
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 do-
main, purchase or otherwise acquire any fee, easement or other interest in
land necessary therefor; appropriate money for such installation and land ac-
quisition 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 18 SEWERAGE/WATER/STREETS FOR HOUSING
AUTHORITY SCATTERED SITES
To see if the Town will vote to install sewer mains and sewerage systems,
install new or replacement water mains, and make necessary street improve-
ments in the areas selected by the Lexington Housing Authority for their •
scattered sites project, and to take by eminent domain, purchase or other-
wise acquire any fee, easement or other interest in land necessary therefor;
appropriate money for such installation and improvements and land acquisition
and determine whether the money shall be provided by the tax levy, by trans-
fer 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.
(Tncarfoe of thin rat-meet of Lexington Housing Authority)
ARTICLE 19 ACCEPTANCE OF POWERS COURT. AS TOWN WAY
To see if the Town will vote to establish as a town way and accept the lay-
out of as a town way Powers Court from Paul Revere Road a distance of 300
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 4, 1979, 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 avail-
able 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 20 STREET FILING FEES
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 21 INSTALLATION OF CURBING
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 instal—
lation, 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 22 CONSTRUCTION OF SIDEWALKS
To see if the Town will authorize the Selectmen to construct concrete, bitu—
minous 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 fee, easement or other interest in land necessary therefor; ap—
propriate 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 23 INSTALLATION OF STREET LIGHTS
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 1980 Annual Town Meeting; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 24 PUBLIC WORKS EQUIPMENT
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, including use of funds from the George I.
Gilmore Trust, 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 25 ROAD EQUIPMENT STORAGE BUILDING
To see if the Town will appropriate a sum of money to construct, equip and
furnish a storage building for the Department of Public Works, and determine
whether the money shall be provided by the tax levy, by transfer from avail—
able funds, or by any combination of these methods; or act in any other man—
ner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 26 ADDITION TO WESTVIEW CEMETERY BUILDING
Tosee if the Town will appropriate a sum of money to construct, equip and
furnish an addition to the existing cemetery building; 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 27 DEVELOPMENT OF WESTVIEW CEMETERY
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 28 SOLID WASTE DISPOSAL CONTRACT
' To see if the Town will vote to authorize the Selectmen to contract with an
operator of a solid waste disposal facility for the disposal of refuse, gar-
bage and waste and for the use of by-products or residue resulting from the
operation of such facilities; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 29 FIRE TRUCK
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; authorize the trade in or sale of a fire truck with the
proceeds to be applied to the new truck; or act in any other manner in re-
lation thereto.
(Inserted by Board of Selectmen)
ARTICLE 30 MINI-BUS TRANSPORTATION SYSTEM
To see if the Town will appropriate a sum of money to fund a local transporta-
tion system; authorize the Board of Selectmen to apply for, accept and expend
funds from the MBTA in connection therewith and to contract with a private
transit company to provide transportation services; 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 PRELIMINARY PLAN - SENIOR CITIZENS' CENTER
To see if the Town will appropriate a sum of money for preliminary plans and
specifications for a proposed senior citizens' center in an existing munici-
pal building; 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 the Board of Selectmen)
ARTICLE 32 CENTRAL MIDDLESEX ASSOCIATION FOR
RETARDED CITIZENS
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 Middle—
sex 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 LeRoy J. Hebert
and nine or more registered voters)
•
ARTICLE 33 REVALUATION
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 34 TOWN RECORD STORAGE VAULT
To see if the Town will appropriate a sum of money to construct a storage
vault in the Cary Memorial Building or other location; 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 rela—
tion thereto.
(Inserted by Board of Selectmen)
ARTICLE 35 BUCKMAN TAVERN SPRINKLER SYSTEM
To see if the Town will appropriate a sum of money to reimburse the Lexington
Historical Society for the cost of replacing the sprinkler system in Buckman
Tavern; determine whether the money shall be provided by the tax levy, or by
transfer from available funds, including use of funds from the George I. Gilmore
Trust, or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted. by Board of Selectmen)
ARTICLE 36. ACCEPT GIFT OF MONIES FOR BANDSTAND
To see if the Town will vote to accept the gift of money for a bandstand from
the Lexington Rotary Club and authorize the Selectmen to petition the General
Court for an act, if necessary, to build such bandstand on Hastings Park, or
on any other site that may be designated by the Selectmen, or act in any other
manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 37 TRANSFER OF MUNROE SCHOOL
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 Depart-
ment 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)
ARTICLE 38 CURBSIDE COLLECTION OF RECYCLABLES
To see if the Town will appropriate a sum of money for providing curbside
collection of recyclables, on a voluntary or mandatory participation basis,
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 39 AUTHORIZATION TO ESTABLISH
RECREATION REVOLVING FUND
To see if the Town will vote to accept Section 53D of Chapter 44 which
provides for the establishment of a revolving fund into which shall be
deposited the receipts received in connection with the conduct of self-
supporting recreation and park services of the Town and which also provides
for the expenditure of such funds under the direction of the Recreation
Committee and Town Manager for self-supporting recreation and park services;
or act in any other manner in relation thereto.
(Inserted at the request of Recreation Committee)
ARTICLE 40 CENTER POOL COMPLEX
To see if the Town will appropriate a suns of money for the construction of
an outdoor swimming pool complex at the present site of the Centre Pool
Complex, and to take by eminent domain, purchase or otherwise acquire any
fee easement or other interest in land necessary to provide utilities
therefor; 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 project; or act in
any other manner in relation thereto.
(Inserted at the request of Recreation Committee)
ARTICLE 41 DEVELOPMENT AND UPGRADING
NEIGHBORHOOD TOT LOTS
To see if the Town will appropriate a sum of money for the development of
and upgrading neighborhood tot lots and parks in such locations as the
Recreation Committee may determine with 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 42 CONSERVATION PURCHASE
TOPHET SWAMP
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 conser—
vation 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 in Tophet Swamp shown as Lot 7
on Assessors' Property Map 73, now or formerly of McNamara and Lot 8 on
Assessors' Property Map 73, now or formerly of the Estate of Joseph Goodwin;
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 rela—
tion thereto.
(Inserted at the request of Conservation Commission)
ARTICLE 43 CONSERVATION PURCHASE
REVERE STREET
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 off Revere Street
shown as Lots 142B and 143 on Assessors' Property Map 64, now or formerly
of E A T Realty Trust; 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 CONSERVATION PURCHASE
BERNARD STREET
To see if the Town will authorize the Conservation Commission to purchase or
otherwise acquire, and will authorize the Selectmen to take by eminent do-
main, upon written request of the Conservation Commission, for conservation
purposes including outdoor recreation as provided by Section SC of Chapter 40
of the General Laws, as amended, any fee, easement, or conservation restric-
tion as defined in Section 31 or Chapter 184 of the General Laws, or other
interest in all or any part of land off the unfinished end of Bernard Street
shown as Lot 128 on Assessors' Property Map 83, now or formerly of Costa;
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 rela-
tion thereto.
(Inserted at the request of Conservation Commission)
ARTICLE 45 CONSERVATION LAND
TRANSFER OF T0:.N OWNED LAND
To see if the Town will authorize the Conservation Commission to purchase or
ut
otherwise acquire, and will authorize the Selectmen to take by eminent do-
main, upon the written request of the Conservation Commission, and authorize
the Selectmen to transfer, for conservation purposes including outdoor recre-
ation as provided by Section SC 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 61A on Assessors' Property Map 47 (off Utica Street) , Lot 61 on
Assessors' Property Map 70 (contiguous to Willard's Woods) and Lot 35 on
Assessors' Property Map 79 (off Center Street) ; and appropriate money there-
for 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 CONSERVATION FUND
To see if the Town will appropriate an additional sum of money to the Conser-
vation 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 USE OF FUNDS TO REDUCE TAX RATE
To see if the Town will appropriate a sum of money from available funds to-
ward the reduction of the tax rate for the fiscal year; or act in any other
manner in relation thereto.
(Inserted by Board of Selectmen)
I ->
ARTICLE 48 APPOINTMENTS TO CARY LECTURE SERIES
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.
(Inserted by Board of Selectmen)
ARTICLE 49 APPOINTMENT OF ENERGY COMMITTEE
To see if the Town will authorize the Selectmen to appoint an energy com-
mittee to serve the Board of Selectmen, the School Committee, the Town Meet-
ing and the Town at large on all Town matters in which energy plays a sub-
stantive role, and to serve as a focal point for energy information for the
Town and by the Town; and that the energy committee shall explore ways of
reducing energy use by the Town and thereby saving the Town money; and that
the energy committee shall review all proposed new Town building construc-
tion projects on behalf of the Town for energy efficiency and economy; and
that the sum of two hundred dollars be appropriated for the conduct of busi-
ness of the energy committee; or act in any other manner in relation thereto.
(Inserted at the request of Ephraim Weiss
and nine or more registered voters)
•
ARTICLE 50 AUTHORIZATION TO CONDUCT PUBLIC
BUILDING ENERGY AUDITS
To see if the Town will authorize the Selectmen, through its energy committee
to conduct energy audits of all public buildings in the Town, that such en-
ergy audits shall be designed to provide the Town with information on energy
inputs, energy losses, and energy use in each building, to provide the basis
for decisions on the most effective and economical policies, procedures and
investments by the Town; and that a sum of money be appropriated for the
conduct of such energy audits: and that the purchase of services for such
energy audits shall not be based primarily on the basis of lowest first cost,
but on an evaluation of the most useful information for the money expended
within targeted budgetary limitations; and that the energy committee shall
be authorized to apply for and receive funds on behalf of the Town for use
by authorized Town departments and agencies for programs related to energy:
or act in any other manner in relation thereto.
(Inserted at the request of Ephraim Weiss Ih
and nine or more registered voters)
ARTICLE 51 AUTHORIZATION TO CREATE THE
POSITION OF TOWN ENERGY MANAGER
To see if the Town will authorize the Selectmen to create the position of
energy manager for the Town to manage Town programs involving energy use;
to manage the efforts of the energy committee on. behalf of the Town; to help
develop policies, procedures and investments by the Town which are effective
and economical through better management of energy; to identify sources of
external financial assistance which will benefit the Town; to assist the Town _
in applying for and receiving funds for the Town; and to explore other avenues
of saving money for the Town and its residents through prudent use of energy;
and to appropriate therefore a sum of money; or act in any other manner in
relation thereto. _
(Inserted at the request of Ephraim Weiss •
and nine or more registered voters)
ARTICLE 52 AUTHORIZATION TO RELEASE PEKING GARDEN
RESTAURANT LAND EASEMENT
To see if the Town will authorize the Selectmen to convey all the Town s
right, title and interest in a four foot wide easement originally reserved
by the Town in a deed to Manhattan Builders Inc. dated October 4, 1965,
recorded in Middlesex South Registry of Deeds, Book 10948, Page 422 to
Lexington Enterprises, Inc., operator of the Peking Garden Restaurant,
29-31 Waltham Street; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 53 AMENDMENT TO DOG LEASH BY-LAW
To see if the Town will vote to amend Section 2 of Article XXVIII of the
General By-Laws of the Town of Lexington (Dog Leash Law) by deleting in the
second sentence thereof the words "not more than twenty-five dollars for each
offense" and substituting therefor the words "fifty dollars or the maximum
permitted by Section 173A of Chapter 140 of the General Laws, whichever is
higher"; or act in any other manner in relation thereto.
(Inserted at the request of Board of Health)
I
ARTICLE 54 AMENDMENT REGULATING USE OF BICYCLES
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:
No person, unless authorized by regulation, shall use or operate on
any sidewalk or independent bicycle path any vehicle, except a wheel-
chair, not being propelled by hand. Non-motorized bicycles may be
ridden on independent bicycle paths, designated by the Selectmen and
marked as bike paths or bike routes, and, when necessary in the inter-
est of public safety, non-motorized bicycles may be ridden on side-
walks, except within business districts and within such other areas
as may be designated by the Selectmen. Otherwise, bicycles shall be
operated according to Chapter 85, Section lnB, of the General Laws
of Massachusetts.
or act in any other manner in relation thereto.
(Inserted at the request of Recreation Committee)
ARTICLE. 55 AMENDMENT TO DUMPING AND
LITTER BY-LAW/BROOKS
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 23A thereto as follows:
Section 23A. No person shall throw, dump or cause to be deposited
in any brook, stream, water course or drainage facility within the
town any trash, rubbish, debris, refuse or other material such as
grass clippings, brush, tree limbs or similar items which will
obstruct or impede the free flow of water. The penalty for viola-
tion of this by-law shall be one hundred dollars for each offense.
or act in any other manner in relation thereto.
(Inserted at the request of the Board of Health)
lu
ARTICLE 56 AMENDMENT REGULATING USE OF BURGLARY ALARMS
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 28 thereto as follows:
Section 28. No person shall install, maintain or use a mechanical
protection device that is automatically keyed to or activates the
telephone numbers or lines controlled by or listed to the Police
Department or Fire Department, without written approval of the
Department Head. All such devices shall be removed, or appropriate
written approval obtained, within 60 days of the effective date of
this by-law. For the purpose of this by-law, mechanical protection
devices shall be defined as follows: An electrically operated in-
strument composed of sensory apparatus and related hardware which
automatically sends over regular telephone lines, by direct con-
nection or otherwise, pre-recorded voice alarm upon receipt of a
stimulus from the sensory apparatus that has detected a physical
force or condition .characteristic of a fire or unauthorized intru-
sion.
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 57 DRAINAGE BY-LAW
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 14A thereto as follows:
Section 14A. The erection of any structure, or addition thereto,
shall provide for positive drainage of roof leaders, driveways,
overland flow and ground water discharges. The methods used to
provide such drainage shall take into consideration the health
and safety of the inhabitants and the abutters of the structure,
and the safety of any adjoining public and private ways.
or act in any other manner in relation thereto.
(Inserted by Board of-Selectmen)
ARTICLE 58 AMENDMENT TO BY-LAW REGULATING SALE
OF LOTS TO PUBLIC AGENCIES AND NON-
PROFIT AGENCIES
To see if the Town will vote to amend Section 11 of Article VI of the General
By-Laws of the Town of Lexington (conveyance of tax title lots for housing)
by striking the words "and provided further that no lot shall be sold or
conveyed under this section if its area exceeds 30,000 square feet;";. or act
in any other manner in relation thereto.
(Inserted at the request of Lexington Housing Authority)
I ?
,_
ARTICLE 59 REZONE PARKER SCHOOL LAND RD
To see if the Town will vote to add the following described parcel of land
under Section 22.6 RD-multi-family dwelling districts:
Beginning at a point on the westerly sideline of Bedford St. , said
point being S9-48-20E distant 38.72 ft. from a curve 1065.86 ft. radius,
thence by said sideline S9-48-20E distant 179.95 ft. to a point, thence
573-59-40W distant 340.00 ft.to a point, thence N16-07-26W distant
192.33 ft to a point, thence N76-07-59E distant 360.08 ft. to the
point of beginning. All as shown on a plan as Lot "C" and containing
1.4925 acres said plan entitled, "PLAN OF LAND IN LEXINGTON, MASS."
Scale 1" = 40° , January 26, 1979, Whitman '& Howard Inc. , Engineers and
Architects, 45 Williams Street, Wellesley, Mass.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 60 MUNICIPAL BUILDING/SITE CONVERSION
To see if the Town will vote to amend Section 28.11 of the Zoning By-Law by
inserting after the words "municipal buildings" the words "and the develop-
ment of land on which they are situated".
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 61 - CONVEY PARKER SCHOOL
To see if the Town will vote to authorize the Selectmen to convey the Parker
School property on Bedford Street, consisting of the building and approxi-
mately 3.5 acres of adjoining land, more or less, to a buyer approved by
the Selectmen and the members of the Town Meeting; or act in any other manner
in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 62 AUTHORIZATION TO CONVEY PARKER
SCHOOL AS CONDOMINIUMS
To see if the Town will vote to authorize the Selectmen to convey the
Parker School property on Bedford Street consisting of the building and
land adjoining it, the care, custody, management and control of which was
transferred to the Selectmen under Article 34 of the 1978 Annual Town
Meeting, to a buyer approved by the Selectmen and the members of the Town
Meeting, such property to be used for condomini,mis to be constructed within
the existing building; and specify the amount or the minimum amount to be
paid for such conveyance; or act in any other manner in relation thereto.
(Inserted at the request of Jack Sarmanian
and nine or more registered voters)
ARTICLE 63 CONGREGATE HOUSING
To see if the Town will vote to amend the Zoning By-Law by:
1. Adding a new Subsection 25.1.9 as follows: "Congregate living facility
(see Section 43)" and inserting the designation "SP" in all columns.
2. Adding in Section 1 the following paragraph immediately preceding the
definition "DRIVE-IN RESTAURANT":
CONGREGATE LIVING FACILITY An independent group living environment that
is non-institutionalized and that offers the elderly, who are capable of
self-preservation, the single-family residential accommodations and
supporting services they need to maintain a semi-independent lifestyle.
3. Adding a new Section 43 as follows:
SECTION 43 - Congregate Living Facility
43.1 General Objectives. The purpose of this section is intended to
encourage the establishment of congregate living facilities as a viable
housing alternative for the elderly who are capable of self-preservation
but through frailty need limited supervision or care.
43.2 General Description. A congregate living facility shall provide
a single bedroom for each resident or couple, a communal eating area and
a resident manager. Each facility shall be limited to a maximum of twelve
(12) residents.
43.3 Parking. There shall be provided not less than one parking space
for each two residents plus one parking space for each employee. All parking
shall be located to the rear of the facility.
43.4 Automatic Fire Warning Systems. Smoke detectors must be installed.
43.5 Application for a Special Permit. Subject to the provisions of
Sections 13.1 and 13.2, the SPGA may grant a special permit for a congregate
living facility subject to the following conditions and requirements:
43.5.1 In the case of new construction, the application must
include a site development plan showing the proposed grading, paved areas,
utilities, open space, planting, screening, landscaping and other
improvements, and the locations and outlines of all proposed buildings.
In the case of a change in use of an existing building, the application
must include a site development plan showing all modifications to the
existing building and its site. The application must also include an
order of conditions from the Conservation Commission under Article XXXIII
of the General By-Laws of the Town of Lexington, or a determination by the
Conservation Commission that Article XXXIII is not applicable or that
conditions are not necessary.
43.5.2 A description of the parking indicating its location rela-
tive to the building and indicating the location of both resident and
employee parking.
r-
ARTICLE 63 (continued) CONGREGATE HOUSING
43.5.3 A description of the proposed management of the facility.
43.5.4 A description of the services to be provided to the
residents and how such services are to be supplied.
43.5.5 A description of all common or shared areas.
43.6 SPGA Action The SPGA shall forthwith deliver copies of the
application for a special permit under this section to the Fire Department
and Building Commissioner, and to those Boards, Commissions, and Departments
specified in Section 13.1.2 of the By-Law. In addition to the requirements
of Section 13.2.3 of this By-Law, the SPGA shall not make its finding and
determination until the Building Commissioner, Fire Department and the other
Town Boards, Commissions and Departments submit their reports thereon or
until 35 days shall have elapsed since the transmittal of said copies of
the application and site plan.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 64 ACCESSORY APARTMENTS
To see if the Town will vote to amend the Zoning By-Law by:
1. Adding in Section 1 the following paragraph immediately preceding the
definition "ACCESSORY USE OR BUILDING":
ACCESSORY APARTMENT An accessory apartment is a dwelling unit of one or more
rooms with separate kitchen and bathroom facilities, designed for the
occupancy of a separate household, in a home originally constructed as a
single housing unit.
2. Amending Subsection 25.1.6 by striking the words "Dwelling conversion
to two family" and substituting therefor "Accessory apartments (see
Section 42)" and by inserting the designation "SP" in each column.
3. Inserting a new Section 42 as follows: -
Section 42. Accessory apartments. This Section of the Zoning By-Law is
based upon the recognition that there is a need (a) to allow owners to
afford to stay in their homes; (b) to diversify, as to cost, the rental
units available within the Town of Lexington.
42.1 Application and approval process. Subject to the provisions of
Sections 13.1 and 13.2, the SPCA may grant a special permit for the opening
of one accessory apartment in a single-family dwelling, at any place in the
Town of Lexington, on a lot of not less than 10,000 square feet, subject to
the following-conditions and requirements:
(a) No more than minimum exterior alterations shall be made to the'
original single-family dwelling. Such alteration shall not alter the
single-family appearance and character of such dwelling.
(b) The SPGA shall not issue a special permit under this section for
anybuilding to which an addition has been built within five years of
the date of the application and which increased the floor space of
the original building by more than 10%.
(c) Floor plans of the original building and the proposed accessory
apartment, with a site plan showing the location of the original single-
family dwelling as well as the proposed parking on the lot, shall be
filed with the SPGA. The SPGA shall forthwith deliver copies to the
Fire Department and Building Commissioner, and to those Boards,
Commissions, and Departments specified in Section 13.1.2 of this
By-Law. In addition to the requirements of Section 13.2.3 of this
By-Law, the SPGA shall not make its finding and determination until
the Building Commissioner, Fire Department and other Town Boards,
Commissions and departments submit their reports thereon or until
35 days shall have elapsed since the transmittal of said copies of the
application and site plan.
_ i
ATICLE 64 (continued) ACCESSORY APARTMENTS
(d) A certificate of occupancy shall have been issued for the original
structure prior to January 1, 1979, or the SPGA makes a _ _ _
finding that the original structure was not constructed so as to take
unfair advantage of this section. -
42.2 Any special permit issued by the SPGA hereunder shall be condi-
tioned upon the owner of the dwelling, in which any accessory apartment is
Dy mit tSPoAresiding in the dwelling except for temporary absences as approved
42.3 Any special permit issued under this section shall be conditioned
upon the provision of not less than one off-street parking space for each
apartment.
42.4 Special permits granted under this section may be subject to a
time limitation.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 65 HOME OCCUPATIONS
To see if the Town will vote to amend the Zoning By-Law by:
1. Inserting a new Section 44 as follows: - -
SECTION 44 - Home Occupations.
44.1 The purpose of this section is to provide for home occupations,
except for occupations indicated in Subsection 25.9.2, carried out within
an existing dwelling or accessory building, as an accessory use. The Board
of Appeals shall be the SPGA for the purposes of this section.
44.2 Permitted Home Occupations. A single family dwelling, or
accessory building, may be used for the exercise of personal, professional,
managerial, research or trade skills provided that: -
a. the home occupation is incidental and subordinate to the dwelling use;
b. no more than 600 square feet of floor space shall be devoted to the
home occupation;
c. there shall be no sign, advertising device, exterior storage, or
other indication, such as excessive traffic, of the home occupation; nor
shall there be any external change to the dwelling or property which alters
its residential appearance;
d. there shall be no sale of merchandise, other than craft items
fabricated within the dwelling;
e. no non-residents shall be employed. -
44.3 Special Permit Home Occupation. The SPGA may grant a special
permit for home occupations that meet the requirements of Section 44.2, - -
a. through c. and that do not significantly impact, or detract from, the -
residential character of the neighborhood, if
a. the home occupation is performed in a dwelling other than a single - -
family dwelling; or
b. not more than two non-residents are employed in the home occupation; or
c. sale of merchandise is permitted.
2. Deleting the definition "HOME OCCUPATION" from Section 1.
3. Deleting the words "home occupation (see definition) in an existing
dwelling:" from the Use Regulations Schedule, line 25.9.1, and adding a
new line item: "25.9.0 Home Occupations - see Section 44". - -
4. Inserting the word "such" after the word "other" in Subsection 25.9.2.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 66 NON-CONFORMING USES, LOTS, STRUCTURES
To see if the Town will vote to amend the Zoning By-Law by:
• 1. Striking Section 30 and substituting therefor: '
SECTION 30 Non-Conforming Uses, Lots and Structures
30.1 The provisions of this section apply to non-conforming uses, lots
and structures as created by the initial enactment of this By-Law_or by any sub-
sequent amendments. It is the purpose of this By-Law to discourage the perpetuation
of non-conforming uses, lots or structures whenever possible. The lawful use of any
building or land existing at the time of the enactment of this By-Law or any 'amend-
ment thereof may be continued except at otherwise provided. The Board of Appeals
shall be the SPGA for the purposes of this Section. - -
30.2 Non Conforming Uses
30.2.1 Any use lawfully being made of land or of a structure which
does not conform to this By-Law as adopted or as amended may be continued to the
same degree and for the same purpose.
30.2.2 If a lawful non-conforming use of land or of a structure is
abandoned, for any reason, for a period of twenty-four consecutive months, such
non-conforming use shall not be resumed.
30.2.3 A lawful non-conforming use of land or of a structure shall not
' be changed to another non-conforming use unless a special permit therefor is granted
by the SPGA in accordance with Section 13.1 of this By-Law. No such special permit
shall be granted unless the SPGA finds that the proposed use is more in harmony with
the character of the neighborhood and the applicable requirements of the zoning
district than the existing use. The granting of a special permit for a substitute
non-conforming use shall terminate the right to use such land or structure for the
prior non-conforming use. -
30.2.4 A non-conforming use of land shall not be extended in area
or relocated_ within the lot and a non-conforming use of a structure shall not
be extended in floor area unless a special permit therefor is granted by the SPGA
in accordance with Section 13.1. No such special permit shall be granted if the
SPGA finds that such expansion or relocation is more detrimental to the neighbor-
hood than the existing non-conforming use.
30.3 Non-conforming Lots
30.3.1 Any lot which qualifies as buildable by Sections 26.51, 26.53,
26.54 may be used as prescribed therein.
ARTICLE 66 (continued) NON-CONFORMING USES, LSCS, STRICTURES
30.3.2 Any non-conforming lot or non-conforming open space on the
lot, including sideyards and setbacks, shall not be further reduced so as to in-
crease the non-conformity.
30. 3.3 Any non-conforming lot which has been combined by deed or use
shall not be resubdivided in a manner which will either increase the existing non-
conformity or create a new non-conforming lot with the adjacent land.
30.4 Non-conforming Structures •
30.4.1 Any structure lawfully existing which does not conform to
this By-Law as adopted or as amended may be continued to the same degree and for
the same purpose.
30.4.2 Any non-conforming structure may be repaired and maintained
or altered in any manner which does not change its exterior dimensions, or in any
manner which is in accordance with the provisions of Subsection 30.4.3.
30.4.3 Restoration or reconstruction of a non-conforming structure
which has been damaged or destroyed may be carried out provided the degree of
non-conformity is not extended and the reconstruction work is commenced within
12 months of the date of the damage; also provided that if the cost of such re-
construction shall exceed 75% of the fair market value of the structure immediately
prior to such damage, as determined by the Building Comm;cioner, such reconstruc-
tion shall not proceed except with a special permit granted by the SPCA under the
provisions of Section 13.1 of this By-Law.
•
30.4.4 A lawfully existing, non-conforming one- or two-family dwelling
or accessory buildings thereto may be extended or enlarged in accordance with the
provisions of Section 11.2 of this By-Law provided such extension or enlargement
does not increase the non-conformity and does not violate any dimensional controls
applicable at the time of the approval for such extension or enlargement. Any _
other extension or enlargement of a lawfully.existing non-conforming building shall
not be carried out except with a variance granted by the Board of Appeals under the
provision of Section 12.2 of this By-Law, and provided the Board of Appeals finds
that such extension or enlargement shall not be substanrinlly more detrimental to
the neighborhood than the existing non-conforming structure.
. 2. Striking, in Section 1, the definition NON-CONFORMING USE OR BUILDING
and substituting therefor: . _
NON-CONFORMING USE, STRUCTURE OR LOT: A lawfully existing use, structure or lot
that does not conform to these By-Laws for the district in which the use, struc-
ture or lot is located.
or act in any other manner in relation thereto. - -
(Inserted at the request of Planning Board)
ARTICLE 67 PARKING IN CB ZONE
To see if the Town will vote to amend the Zoning By-Law by:
1. Striking from Section 23.9 the words "central business districts are as
follows" and substituting therefor "central business districts shall be
further designated CB1 or CB2; areas in CB1 are described in Subsections
23.91, 23.95, 23.96, areas in CB2 are described in Subsections 23.92,
23.93, 23.94, 23.97 as follows:"
2. Amending Subsection 32.1 "Schedule of Required Parking and Loading" by
changing the designation "CG" in the sixth row to "CG and C81" and the
designation "CB" in the seventh row to "CB2".
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
•
ARTICLE 68 PARKING
To see if the Town will vote to amend the Zoning By-Law by:
1. Striking in Section 1 the definition of PARKING SPACE and substituting
therefor:
PARKING SPACE: An area in a building or on a lot available for parking one
motor vehicle, with free and unimpeded access to a street over unobstructed
passageways, aisles or driveways. The unimpeded access requirement does not
apply to single-family house lots. _ _ - _ _
—
2. Striking the 4th sentence in Subsection 31.13.
. 3. Adding to Section 31.2, after the first sentence, the following:
All parking spaces shall comply with the following minimum dimensions:
Angle of Parking Width of Space Depth of Space Width of Aisle
61° - 90° 9 ft. 20 ft. 24 ft.
45° - 60° 9 ft. 20 ft. 18 ft.
parallel ' 8 ft. 22 ft. 14 ft.
ANGLE PARKING PARALLEL PARKING
DEPTH /tea/ DEPTR L WIDTH
AISLE �' WIDTH } AISLE
31.2.1 In parking facilities containing more than 40 parking spaces
15% of such parking spaces may be for small car use. Such small car spaces,
if provided, shall have a depth of at least 15 ft. The width of the maneuver-
- - lug aisle shall not varyfrom that set forth in Subsection 31.2. Such small
car stalls shall be located in one contiguous area and shall be suitably and
conspicuously designated.
4. Adding a new Subsection 31.4 as follows: -
31.4 Lighting facilities in parking areas, on the exterior- of buildings,
and on other fixtures or signs, shall be so arranged that they neither un-
reasonably distract occupants of nearby properties nor interfere with traffic
on any public way. They shall, be so placed or hooded as to prevent direct
light from shining onto any street or adjacent property. -
•
2n
ARTICLE 68 (continued) PARKING-
5. Adding a new Subsection 31.5 as follows:
Parking facilities shall provide specially designated parking spaces for
the physically handicapped as follows:
Total Number of Spaces Handicapped Spaces
6- 25 1 space
26- 40 2 spaces
41- 100 5% of the total spaces
101- 300 4% of the total spaces
301- 800 3% of the total spaces
Greater than 800 22 of the total spaces
Handicapped spaces shall be clearly identified by a sign that states that
these spaces are reserved for physically handicapped persons. Such spaces
shall be located in that portion of the parking facility nearest the entrance -
to the use or structure which the parking facility serves. Handicapped
spaces shall have a minimum width of at least twelve (12) feet and a mini-
mum depth of at least twenty (20) feet for all angle parking and twenty-
four (24) feet for all parallel parking.
6. Changing Subsection 32.2 by:
a. deleting column headed CS -
b. deleting footnote C -
c. changing the words "Subsection 12.2" to "Section 13"-
.
3".-7. Renumbering Subsections 31.11, 31.12, 31.13 to 31.1.1, 31.1.2, 31.1.3
respectively.
8. Striking the present Section 32.1 and substituting therefor the following:
•
•
•
- - _ - - - -
ARTICLE 68 (continued) PARKING
32.1 SCHEDULE OF REQUIRED PARKING AND LOADING
DISTRICT USE REQUIRED PARKING SPACES
•
•
Ro, RS residential or permitted accessory 2 per dwelling unit
RT, RD " „ 1 1/2 per dwelling unit
RH RM It 1 1/4 a .� n
any industrial one space for each 'four_ persons-
employed on the largest work-
ing shift plus 1 space for
each 1,000 s.f. of rentable
floor area. _
CO any non-residential permitted use 1 per 100 s.f. or fraction
of rentable floor area
CG, CB1 any non-residential permitted use I per 150 s.f. or fraction
of rentable floor area
CN any non-residential permitted use - I per 200 s.f. or fraction
• _ of rentable floor area
CH hotel, motel, restaurant 1 per guest room, plus 1
space for each 3 seats of
rated capacity of dining room
and function areas, plus 1 spact.
for each 4 employees
CB2 any permitted use g,g.
any,not CB medical, dental 4 per doctor or dentist
any,not CB school 2 per classroom
•
any,not CB nursing home I for each 4 beds design capac'
RO, RS boarding or lodging dwelling I for each boarder and lodger
•
DISTRICT USE REQUIRED LOADING FACILITIES
CR,CH,CM,CO any reasonably sufficient, as
CG, CN, CO, determined by the Building
RH, RH, RD Commissioner
10, RS, RT any permitted use
or act in any other manner in relation thereto. '
(Inserted at the request of Planning Board)
ARTICLE 69 DEFINITIONS
To see if the Town will vote to strike Section 27 of Article XXV of the
General By-Laws and to amend Section 1 of the Zoning By-Law by:
•
1. Striking the definition ACCESSORY USE OR BUILDING and replacing it with
the following definitions:
ACCESSORY STRUCTURE: A structure, the use of which is incidental and sub-
ordinate to that of the principal building, and which is located on the
same lot as the principal building.
ACCESSORY USE: A use incidental and subordinate to the principal use of a
building,. and located on the same lot as the principal building.
ACCESSORY USES TO PERMITTED SCIENTIFIC RESEARCH, SCIENTIFIC DtvrLOPMENT,
OR RELATED PRODUCTION: A use incidental to a permitted principal use of
scientific research, scientific development, or related production, whether
or not on the same lot as the principal use.
2. Striking the definition CAMPING VEHICLES
3. Striking line c. in the DWELLING CONVERSION definition and replacing it with ,
"No major exterior changes are made, except such as may be required for
safety by the Laws of the Commonwealth."
4. Striking the definition JUNKYARD and replacing it with the following:
JUNKYARD: A parcel of land used for outdoor storage of two or more unregis-
tered motor vehicles, except as provided in Subsection 25.5.4, or an accumu-
lation in the open of discarded items not used or intended to be used by the
owner or occupant of the property."
or act in any other manner in relation thereto.
(Inserted at the request-of Planning Board) -
ARTICLE 70 SWIMMING POOLS/RACQUET COURTS
To see if the Town will vote to amend the Zoning By-Law by:
1. Inserting in Section 1 the following definitions:
RACKET COURT: A fixed playing area such as a tennis court or racquet ball
platform.
SWIMMING POOL: Any pool having a depth of 24 inches or greater and a
surface area of 250 square feet or greater.
2. Striking from the definition of STRUCTURE everything in the first sentence
following the word "pools".
3. Striking Subsection 24.7, and substituting therefor the following:
24.7 The Board of Appeals may grant a special permit for the construction
of a swimming pool orracquet court, accessory to a residential use, subject to
the following conditions: _- -
24.7.1 No swimming pool or racquet court shall be constructed within
15 feet of the property line.
24.7.2 Any nightime illumination shall be installed in such a way
so as not to shine directly into nearby housing.
24.7.3 There shall be adequate visual screening and noise buffering
as determined by the SPGA.
24.7.4 The erection of any fencing associated with a racquet court
in excess of 6 feet shall require a building permit.
24.7.5 Construction of all swimming pools shall require application
for a building permit.
24.7.6 Applications for a special permit shall contain an order
under the provisions of Article XXXIII of the General By-Laws, or a determination
by the Conservation Commission that Article XXXIII is not applicable or that an
Order of Conditions is not necessary.
or act in any other manner in relation thereto. - - -
(Inserted at the request of Planning Board)
ARTICLE 71 DAY CARE CENTERS
To see if the Town will vote to amend Section 25.2.2 of the Zoning By-Law by:
1. Inserting after the word "cemeteries" the words "; day care center".
2. Inserting, in Section 1, the following definition:
DAY CARE CENTER: Any facility operated on a regular basis for the day
care of children. Day care center shall not include: schools;
a facility operated by a religious organization where children are
cared for during short periods of time while persons responsible
for such children are attending religious services; a family day care
home, as defined by section nine (9) of chapter 28A of the MCL as
amended; an informal cooperative arrangement among neighbors or
relatives; or the occasional care of children with or without compen-
sation therefor.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 72 LEGAL FRONTAGE ON DISCONTINUED STREETS
To see if the Town will vote to amend the Zoning By-Law by adding a
new Subsection 26.58 as follows:
26.58 If a right of way has been legally used to provide
the required frontage for a lot containing a one- or two-family
dwelling, that right of way may continue to provide the frontage
required by this by-law for that single lot even if that right of
way is no longer a street as defined in this by-law.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 73 TIME CHANGES
To see if the Town will vote to amend the Zoning By-Law by:
1. Striking, in Subsection 33.7, the words "45 days" and replacing them
with the words "35 days".
2. Striking, in Subsection 36.5, the words "forty-five days" and replacing
them with the words "35 days".
3. Striking, in Subsection 37.5, the words "thirty days" and replacing them
with the words "35 days".
4. Striking, in Subsection 38.38, the words "thirty days" and replacing
them with the words "35 days".
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
. .
ARTICLE 74 ROUSING POLICY PLAN
To see if the Town will adopt the following resolution relating to a housing
policy plan for the Town:
The Town recognizes the high cost of land and construction and the
unavailability of low cost housing in the Town of Lexington. Residents
are forced to leave, and other citizens are effectively excluded from
Lexington solely because they, are of low or moderate income. Whereas,
it is a benefit to the Town to maintain diversity among its residents,
the exclusion of people simply because of economic status is harmful _
to diversity;
AND WHEREAS the Town recognizes that it, along with other towns and cities
in the metropolitan Boston area, has an obligation to provide some housing
for persons of low, moderate and "fixed" income, ` -
AND WHEREAS the Town recognizes that the cost of maintaining houses in
Lexington is rising because of increasing inflation and taxes so that
many citizens living in Lexington may soon be unable to remain in the
Town, the Town adopts the following housing policy.
The Lexington Housing Authority, the Board of Selectmen, the Board of
Appeals and the Planning Board are directed to give priority to the
development of low and moderate income family housing, to be followed
in priority by the development of additional housing for the elderly.
The Town shall use its best efforts to provide not less than 35 newly _ -
constructed or rehabilitated family units for low and moderate income
families and 15 new units for the elderly, each year over the next six
years. - -
It is the primary responsibility of the Lexington Housing Authority to - -
achieve this goal, and the Authority is directed by the Town Meeting to
pursue the achievement of that goal as vigorously as possible, making -
use of any and all available state and federal subsidy programs, -
statutes and regulations. The Lexington Housing Authority is urged to
use the provisions of Chapter 774 for the speedy and inexpensive ful—
fillment of this housing plan.
The Lexington Housing Authority, in selecting sites for new housing, - -
shall be guided, insofar as is reasonably practicable, by the recommenda—
tions for "guidelines for development" and "criteria for evaluation" in
the "Report to the Lexington Planning Board From a Joint Government and .
Citizen Advisory Committee on Rousing Policy", dated December, 1978.
All Town agencies and boards are directed to cooperate fully with the .
Lexington Housing Authority for the achievement of these goals.
ARTICLE 74 (Continued) HOUSING POLICY PLAN
The Lexington Planning Board is further directed to encourage private
developers of multi-unit developments to include in their developments
units for low and moderate income families. Future Town Meetings are -
further urged to make full use of provisions of the Zoning Act permitting -_
density and other concessions to developers in return for significant
contributions to the inventory of low and moderate income housing. The -
Planning Board is further directed to study the feasibility and propose
zoning changes which will promote the availability and which will enable
the construction of less expensive housing than can currently be built
in Lexington.
It is the policy of the Town that in appropriate cases with the careful
participation of the Planning Board, the Board of Appeals shall consider
applications for comprehensive permits under Chapter 774 in a positive and
constructive manner for the achievement of these goals, consistent with
other land use policies and goals of the Town.
At each annual Town Meeting beginning in 1980, the Lexington Housing
Authority and the Planning Board shall report to the Town Meeting the
progress of the Town boards towards the achievement of the goals of this
housing policy and plan. This report shall describe the efforts made in
the preceding year to achieve these goals, and their plans to achieve
those goals not yet realized.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 75 REZONE RO TO CD--CONTROLLED COMMERCIAL & INDUSTRIAL DISTRICT ON
HARTWELL AVENUE
To see if the Town will vote to amend the Zoning By-Law as follows:
A. By changing the zoning district in which the land bounded and described
below lies from RO--ONE-FAMILY DWELLING DISTRICT to CD--CONTROLLED
COMMERCIAL AND INDUSTRIAL DISTRICT by revising the zoning map and adopting
a new zoning map No. CD-1 showing as a CD District the land bounded and
described as follows:
PARCEL III. A certain parcel of land situated on the Northwesterly side
of Hartwell Avenue, bounded and described as follows:
Southeasterly by Hartwell Avenue, 358.29 feet;
Southerly on a curved line by the junction of Hartwell Avenue and
Westview Street, 80.54 feet;
Southwesterly by Westview Street, 276.15 feet;
Northwesterly by a way by five lines measuring respectively 25.85 feet,
34.42 feet, 157.85 feet, 245.65 feet and 69.03 feet; and
Easterly by Bedford Street, 49.48 feet.
Containing 69,999 square feet, and being shown as Parcel 5 on said Plan.
Or take any action relative thereto.
(Inserted at the request of Robert Cataldo
and nine or more registered voters)
j c-1
r
ARTICLE 76 REZONE RO TO RD-MULTI-DWELLING DISTRICT ON
BLOSSOMCREST ROAD
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 RO--ONE-FAMILY DWELLING DISTRICT to RD--MULTI-
DWELLING DISTRICT by revising the zoning map and showing as a RD District
the land bounded and described as follows:
SOUTHERLY by Blossomcrest Road as shown on said plan, forty-one and
51/100 (41.51) feet;
WESTERLY by land of Kenneth G. and Linda C. Briggs, one hundred fifty-
, nine and 43/100 (159.43) feet;
SOUTHERLY again by land of said Kenneth G. and Linda C. Briggs by two
courses, sixty (60) feet and three hundred thirty and 69/100 (330.69)
feet, respectively;
WESTERLY again by land of Arrianna F. Morino and by land of Richard A.
Johnson and Linda M. Johnson, two hundred forty-six and 14/100 (246.14) -
feet;
NORTHERLY by land of Basrur Rao and Jyoti Rama Rao, by three courses;
forty and 84/100 (40.84) feet, sixty-nine and 70/100 (69.70) feet and
ninety-eight (98) feet, respectively;
WESTERLY again by land of said Basrur Rao and Jyoti Rama Rao, seventy-
one (71) feet;
NORTHERLY again by land of the Trinty Covenant Church, three hundred
twenty-two (322) feet;
WESTERLY by said land of Trinity Covenant Church, six hundred twenty-five
(625) feet;
NORTHWESTERLY by land formerly shown as Clematis Road, fifty (50) feet;
NORTHERLY again by land of Lawrence F. Covert and Dorothy C. Covert,
ninety-eight and 51/100 (98.51) feet;
NORTHWESTERLY by land of said Lawrence F. Covert and Dorothy C. Covert,
nine hundred fourteen and 48/100 (914.48) feet;
NORTHERLY by land of the Town of Lexington, two hundred eighteen (218)
feet, more or less;
EASTERLY and NORTHEASTERLY by land of the Town of Lexington by three
courses; one hundred seventy-three (173) feet, more or less; one thou-
sand eighty-seven (1,087) feet, more or less; and two hundred seventy-
two (272) feet, more or less, respectively;
-79
ARTICLE 76 REZONE RO TO RD-MULTI-DWELLING DISTRICT ON
(Continued) BLOSSOMCREST ROAD
SOUTHEASTERLY by land of said Town of Lexington and by land of Albert
and Harry DeVincent, two hundred ninety-nine (299) feet, more or less;
SOUTHERLY again by land of Frank J. Sanderson and Charlotte Sanderson,
by two courses, four hundred eighteen (418) feet, more or less, and
one hundred eighteen (118) feet, more or less;
EASTERLY by land of said Frank J. Sanderson and Charlotte Sanderson and
by Moreland Avenue, two hundred twenty-one and 49/100 (221.49) feet;
• SOUTHERLY by land of Peter S. Gaillard and Cynthia D. Gaillard, one hun-
dred twenty-four (124) feet, more or less;
SOUTHEASTERLY by land of said Peter S. Gaillard and Cynthia D. Gaillard,
one hundred twenty-one and 51/100 (121.51) feet.
SOUTHERLY again by land of Clarence W. Hatheway and Marie Hatheway, one
hundred sixty-six and 39/100 (166.39) feet; and
EASTERLY again by said land of Clarence W. Hatheway and Marie Hatheway,
two hundred one and 50/100 (201.50) feet.
Said parcel containing approximately twenty-five and 16/100 (25.16) acres
of land, more or less.
(Inserted at the request of Robert Snyder
and nine or more registered voters)
L)
ARTICLE 77 REZONE RO TO MULTI-FAMILY DWELLING DISTRICT ON
EAST STREET
To see if the Town will vote to add the following described parcel of land
under Section 22.6 RD - multi-family dwelling districts:
A certain parcel of land situated in Lexington, Middlesex County, Massachusetts,
on the southerly side of East Street bounded and described as follows:
NORTHERLY by East Street on a curved line measuring nine hundred forty-
four (944 +) feet, more or less;
SOUTHEASTERLY by land of the Town of Lexington eight hundred thirty-five
(835) feet;
WESTERLY by land now or formerly of Pramod M. and Beryl A. B. Soparkar
on a curved line measuring ninety-nine (99 +) feet, more or
less; -
WESTERLY by land now or formerly of Irving and Aida Belansky, one
hundred eighty-eight (188 +) feet, more or less;
WESTERLY by land now or formerly of Edmund J. and Claire L. Buchinskas,
two hundred two (202 +) feet, more or less;
WESTERLY by land now or formerly of Jack and Susan Bee Capon, two
hundred forty-three (243 +) feet, more or less;
WESTERLY by land now or formerly of Richard J. and Bargara A. Biederman;
WESTERLY by land now or formerly of David J. and Kathleen A. O'Brien,
three hundred seventy-three (373 +) feet, more or less, to
the point of beginning.
Said parcel of land containing 10.64 acres, more or less.
(Inserted at the request of Mark Moore, Jr.
and nine or more registered voters)
ARTICLE 78 REZONE RO TO MULTI-FAMILY DWELLING DISTRICT ON
CONCORD AVENUE AND WALNUT STREET
To see if the Town will vote to add the following described parcel of land
under Section 22.6 RD - multi-family dwelling districts:
A certain parcel of land on the Southerly side of Concord Avenue and the
Easterly side of Walnut Street, in Lexington, Middlesex County, Massachu-
setts, bounded and described as follows:
NORTHEASTERLY by Concord Avenue, one hundred sixty-five (165) feet;
SOUTHEASTERLY by land now or formerly of Commonwealth of Massachusetts
and Middlesex County, one thousand four hundred fifty-five
(1455) feet;
SOUTHWESTERLY by land now or formerly of Middlesex County, three hundred
eighty-five (385) feet;
SOUTHEASTERLY by land now or formerly of Middlesex County, one hundred
ninety (190) feet;
SOUTHWESTERLY by land now or formerly of Middlesex County, six hundred
fifteen (615) feet;
WESTERLY by Walnut Street, eight hundred eighty-five (885) feet;
NORTHERLY by land of owners unknown, six hundred fifty (650) feet;
WESTERLY by land now or formerly of owners unknown, eighty (80) feet;
NORTHERLY by land of owners unknown, three hundred forty (340) feet;
NORTHWESTERLY and NORTHEASTERLY by land of owners unknown, two hundred
thirty-two (232) feet, and five hundred forty-five (545) feet;
NORTHWESTERLY by land now or formerly of Walnut Farm Trust, one hundred
twenty-five (125) feet;
NORTHEASTERLY by Concord Avenue, forty (40) feet;
SOUTHEASTERLY by land now or formerly of Walnut Farm Trust, one hundred
twenty-five (125) feet;
NORTHEASTERLY by land now or formerly of Walnut Farm Trust, two hundred
fifty (250) feet;
NORTHWESTERLY by land now or formerly of Walnut Farm Trust, one hundred
twenty-five(125) feet,
be all of said measurements more or less.
(Inserted at the request of Francis W. Smith '
and nine or more registered voters)
ARTICLE 79 REZONE RO TO MULTI-FAMILY DWELLING DISTRICTS ON
CONCORD AVENUE AND BLOSSOM STREET
To see if the Town will vote to add the following described parcel of land
under Section 22.6 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 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 Frederick J. Conroy
and nine or more registered voters)
•
•
LI
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 thifs twenty-ninth dary of Januar , A,D. , 1979.
<,;;;Helf.2100Z4//a1X7- fi*:"
Board
of
Selectmen
.14.x,, 1'
f
. 0
A true copy, Attest:
7,.//
Constable oaf exington
Join J. ShkJr.
CONSTABLE'S RETURN
Middlesex,3S: Town of Le:dngton February 23 , 1979
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 9 days before the time of said meeting.
Attest:
f �.
Constably/of Lexington,
, ohn J. 3hine,Jr.
R7
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OFFICER'S RETUAY
Aiddlesex,SS: Town of Lexington February 23,1979
I have this day notified the voters of Lexington on the Election to be held on the
fifth day of .:arch 1979. I have also notified the voters that a 'Town meeting will
be held at Gary Hall. The voters were notified by mailing to them the Town warrant
plus Appropration Jc Capital Expenditures Committees Annual reports. I have also
posted a true copy of the above in the following public places.
Precinct r.= 1 East Lexinu on Library
Precinct i 2 East Lexington Fire Station
Precinct 3 Bridge School
Precinct :t 4 Cary Memorial Library
Precinct # 5 Cary Hall
Precinct i:- 6 Lexington PublicMorks- Building
Precinct ; 7 Esterbrook School
Precinct YF 8 Lexington-:Eire:FIeadquar-ters
Precinct # 9 Maria Hastings School
Town Office Building
/"--1
ohn J. Shilie Jr.
Constable of Lexington
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