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Adjourned Session —1999 Annual Town Meeting March 22, 1999 <br /> 4.4.2 HISTORIC ELIGIBILITY DEFINED: <br /> a. Any historic element, as defined below, may qualify for eligibility under <br /> paragraph 4.4.2, Historic Preservation Incentives, if it is included on any <br /> of the following lists or surveys: <br /> 1) National Register Of Historic Places <br /> 2) State (Commonwealth Of Massachusetts) Register Of Historic <br /> Places <br /> 3) Inclusion by the Lexington Historical Commission in its Comprehensive <br /> Cultural Resources Survey, or identification by that Commission of historic <br /> and /or architectural significance and thereby potential inclusion in the <br /> Comprehensive Cultural Resources Survey. <br /> 4) Pending nominations in good standing to the National or State <br /> Registers <br /> b. Primary Qualifying Elements shall include the following: buildings, and other <br /> structures and outbuildings located on the property. <br /> c. Secondary Qualifying Elements shall include the following: sites and settings, <br /> objects, monuments, trees or any element of historical, architectural and /or cultural <br /> significance which indicates their contributory value in establishing historical <br /> context. <br /> d. Priority in granting special permits under these historic preservation incentives <br /> shall, in all cases, be placed upon keeping buildings and structures in place, <br /> rather than moving them to other locations, provided that the existing siting can <br /> be shown to represent valid historical setting and context. Moving of buildings, <br /> structures and elements to other locations shall be considered only if no other <br /> preservation measures are practical or reasonable on the existing site, or if the <br /> proposed removal is to return a building, structure or element to an original or <br /> more historically accurate location. The SPGA shall determine the validity of <br /> any such requests. <br /> 4.4.3 SPECIAL PERMIT AUTHORIZED: The Board of Appeals, or the Planning Board <br /> where it is authorized to be the special permit granting authority (SPGA), may <br /> grant a special permit to authorize actions that would otherwise not comply with <br /> the provisions of this By -Law and that would allow the renovation, repair, adaptive <br /> reuse or, in limited instances, removal, of historic or architecturally significant <br /> buildings. <br /> a. The following uses, identified by the line in which they appear in Section 4.2 ofthis <br /> By -Law, that are not usually permitted in the districts identified below, may be <br /> allowed in those districts, provided the SPGA makes the findings listed in 4.4.4.: <br /> 1.1.13 Residential /Institutional/Agricultural Uses; the conversion of <br /> single- family to two - family residences in the RD, CB and <br /> CLO districts. <br /> 2.1.14 the conversion of single - family residences to congregate <br /> living facilities in the CB and CLO districts. <br /> 3.1.187 the conversion of municipal buildings to residential use in the <br /> RM, CB and CLO districts. <br /> 4.1.21 the creation of Rooming Units in the CB, CLO and CN <br /> districts. <br /> 5.1.22 the creation of Accessory Apartments in single - family <br /> residences in the CB and CLO districts. <br /> 6.1.23 the creation of Bed and Breakfast Homes in the RT, RM, RD, <br /> CN, CB, and CLO districts. <br /> 7.1.24 General Home Occupation Uses with a maximum of one (1) <br /> employee other than an owner occupant and with a maximum <br /> of 4 customers per hour, as an average during the course of <br /> the business day, in all districts. <br /> 8.1.25 Professional Office Home Occupation Uses with a maximum <br /> of one (1) employee other than an owner occupant, in all <br /> districts. <br /> 9.6.14 Office Uses, Professional Services, in CN districts. <br /> 10. 6.15 Advertising/Editing, in CN and CB districts. <br /> 11. 6.16 Employment Agency and similar uses, in CN districts. <br />