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<br /> THE COMMONWEALTH OF MASSACHUSETTS
<br /> ii'° ' OFFICE OF THE ATTORNEY GENERAL
<br /> � • /f
<br /> j,•7 f
<br /> _ ; i;, CENTRAL MASSACHUSETTS DIVISION
<br /> 1- V- 10 MECHANIC STREET, SUITE 301
<br /> MAURAEAI,EY WORCESTER, MA 01608
<br /> -7600
<br /> ATTORNEY GENERAL (SOS}792991f
<br /> (548}795-199 t fax
<br /> www.mass.gov/ago
<br /> September 8, 2016
<br /> Nathalie L. Rice, Town Clerk
<br /> Town of Lexington . .
<br /> 1625 Massachusetts Avenue
<br /> Lexington, MA 02420
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<br /> Re: Lexington Annual Town Meeting of March 21,2016 -- Case#8047
<br /> Warrant Articles#36,37,38,39,40,41,43, and 44 (Zoning)
<br /> Warrant Articles#29,30, and 31 (General)
<br /> Dear Ms. Rice:
<br /> Articles 30, 31, 36, 37, 38, 39, 40141, 43, and 44 - We approve Articles 30, 31, 36, 37,
<br /> 38, 39, 40, 41, 43, and 44, and the map pertaining to Article 38, adopted at the Lexington March
<br /> 21, 2016, Annual. We will return the approved map to you by regular mail. Our comments on
<br /> Article 41 are provided below.
<br /> Article 29 - We approve Article 29, except as provided below. Article 29 adds to the
<br /> Town's general by-laws a new Chapter 78, "Neighborhood Conservation District." The new
<br /> Chapter 78 allows for the creation of Neighborhood Conservation Districts ("NCD") in the
<br /> Town. If an area in Town is designated as an NCD then construction, demolition, and alterations
<br /> to structures in the NCD is prohibited unless the NCD Commission issues a certificate of
<br /> compatibility, a certificate of non-applicability, or a certificate of hardship. Chapter 78, Section
<br /> 9 pertains to enforcement of the by-law and provides in pertinent part as follows:
<br /> (b) Anyone found in violation may be fined not more than $500 for each day such
<br /> violation continues, each day constituting a separate offense.
<br /> We disapprove and delete the above quoted text in Chapter 78, Section 9, as indicated in
<br /> italics and underline above because it is inconsistent with G.L. c. 40, § 21, which limits the
<br /> maximum penalty for by-law violations to $300. [Disapproval # 1 of 1] General Laws Chapter
<br /> 40, Section 21, provides in pertinent part:
<br /> Towns may, for the purposes hereinafter named, make such ordinances and by-laws, not
<br /> repugnant to law, as they may judge most conducive to their welfare, which shall be
<br /> binding upon all inhabitants thereof and all persons within their limits. They may, except
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