2004-03-29 to 2004-05-12-ATM-min

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Adjourned Session of the 2004 Annual Town Meeting—March 29, 2004 ARTICLE 6: ZONING BY-LAW, COMMON AND USABLE OPEN SPACE IN RESIDENTIAL DEVELOPMENTS 8:59 p.m. John Davies, pr.4, moved Article 6 be postponed until April 12, 2004 after taking up Article 11. MOTION ADOPTED. ARTICLE 7: ZONING BY-LAW, IMPERVIOUS SURFACE IN RESIDENTIAL DEVELOPMENTS 8:59 p.m. Thomas Harden, pr.8. MOTION: That this article be indefinitely postponed. ADOPTED UNANIMOUSLY ARTICLE 8: ZONING BY-LAW, HOME OCCUPATIONS Presenter: Karl Kastorf, pr.8. Mr. Kastorf moved the Report of the Planning Board on Article 8 be Accepted and Placed on File. MOTION ADOPTED. MOTION: That the Code of the Town of Lexington, Zoning By-Law be amended as set forth in the motion attached to the report of the Planning Board on this Article. MOTION The actual motion is as follows, except that it will not include the text in italics, which is included here for informational purposes only: 1. DEFINITIONS In §135-8, delete the existing definition of"Home Occupation": HOME OCCUPATION -- Certain occupations engaged in within an existing dwelling or a building accessory thereto by a resident thereof provided that there shall be no sign, advertising device, exterior storage, or other exterior indication of the home occupation, and that such occupations are limited to the exercise of personal or professional skills in the fields of music, dramatics, arts and crafts and academic pursuit and the giving of instructions or lessons, for compensation, in such skills, and also the performance of custom work of a domestic nature, such as dressmaking, millinery, and clothes washing provided that equipment utilized is such as is customarily incidental to residential occupancy. and insert in its place the following new definitions: Home Occupation— Any business, occupation, or activity undertaken for gain within a residential structure, by a person residing in the structure, that is incidental and secondary to the use of that structure as a dwelling unit. Home Occupation, Instruction — A home occupation that consists of teaching that takes place inside the dwelling unit of the instructor. Typical instruction includes music lessons and academic tutoring. Home Occupation, Minor — A home occupation with no nonresident employee, partner, or contractor working on the premises; no more than one customer or client visiting the premises at a time; and no more than 6 customers or clients visiting the premises over the course of a day. Home Occupation, Major— A home occupation subject to a special permit with no more than one nonresident employee, partner, or contractor working on the premises; and no more than 10 customers or clients visiting the premises over the course of a day. 2. USE REGULATIONS In Article IV, §135-16, Table 1, Part A, delete lines 1.24 and 1.25: Line RO RT RM RD* CN CBS CS CB CRO CM RS CLO 1.24 Home occupation in which there is no exterior Y Y Y SP Y N NN N N evidence of the occupation,no employee who is not also a resident in the dwelling,and not more than one customer or client visits the dwelling at one time 1.25 Home occupation,or office of a physician, SP SP SP SP Y N NN N N dentist or other professional person,residing in the dwelling,provided there is no exterior evidence of the occupation and each employee is also a resident in the dwelling;may have customers or clients visit the dwelling