HomeMy WebLinkAbout1956-2000 - HDC Original Acts 7
46
QUU"':U_Dla UG". D),BT FO.k
PROM` ;,,ND COIVFAJ_ EiADUW
Be Z� 0142dCd' Lte W je'ROWS
Purpose of t'l t 1 0 1",
n r T. T�"ie,ad.c.nv "aad thc.-c-Ito, F. J.,
borrow, froul time b'-, tiww, ,VU.hu'j '). Tx'rio C -Al' 1�y ""Or
the
U3 fic- f�'�tg-grcq'ate O"irt-c" fi-nr, H'ou&_ df'�
-1 - t Oj , M E U
and Knay i."SUC, bo"d�' or ontei Lh'rci"2-r
their fac�-& tie �vords, Toivn of B r 0 D i". Ti?p,OV e D IL eZ I t,
Lofln ) Of 1956, _U h "Vdra Ds
loan, and sucb kans shalki b pa'k`P. in
yr,ars froin U-feir datos. lillidhbtz'11,
this fxct ,,ihall be 'a ex-t'ecs 01 si:�45L�to�y 1-lu"t sh"7',UL
exceepi r66' lnC`rc.in P7v-MO"x' "ble t') Chtu-;te R.a as
of tlie� 4 Laws, provid(x", J,I n,it t�on�
cointain€*d in the first paxagra•ph of sx)-'W wi e^vzxi of sa,"d
ter forty-ftyar mall apply a-, .tip Y
vision's of tiiis a(A.. 73i'_'�OVcd
AN ACT ES1ATIMS11ING AN TM"'muu' 1 S'
"
"L ,,, "- -, ,
I�tUK 1%. Cl MS
AND DUTIES, As443 nl'svrcinlc Dr,>v-deTs 1-w
TkiE TOWN OP LnXIN4�TO,',7.
Bel it,evvy.""'d, &Lc" as follow,7.
Sr,cTjw� !, Purpose,—Tha pur,�.cszu off tlhds acf, i's to
promote ffic c-ducatiowd, cultuml, and gplera:!
fare of -he ptzblic through the prexr-vation and protectien
Of historiv, buildings, places and di.'tricts til.rough the de-
voloDinent t)f 4appropriate settings For iaicl, huildings, vhlcx�s
apid distracts ,i.nd through the insiniter'.%Ln f .of said buildings,
piao:�s and districts as laridau%rks of IMMICOTIC i�ltr""YOA`
tablished in the town of Lcv4ngton fl-iree historic di6tripts to
be known aas (1) Battle Creep District, k'1'2'j Ilan cock-Clarke
District, and (3) xkfuriroo Tavf,,rn District, hounded as fol-
lows.—
Baftl,c Gre,,'n Dzstxict: Bcgizirdng at a point, in the Ylorth-
westerly property line of the municipal parking area beOvcen
Waltham and Muzzey streets threa hundral feet di-stant
N south wes tlexly from the south-wasterly line of I ass achu-
setta avenue; thenco northwesterly and Lhon westorly along
a line distazt three hundied f9et southwestoily and then
southerly fro-M vuld parallol to tho southivesterly and South-
erly Line: of Alassachusctts avenue to the weste.dy hae of
Forest strait; thcnGo northefly along said westerly line of
Forest street and said westerly line extended to a pohit on
the northerly line of Ma achusetts avenue; thouca north-
west rly along a straight fine to a point in the southeasterly
¢uc2:,. Cat wf)1t,18S n road =1: ll£3ven hundred feet
along - �:ai ,,:) tlwrrastexly link of ��or°the" toad
kxt'lo point.„
iaa er�ea_ta�.srr tix. ww-esst-rtl= lime* Of the m r0ad
ai lrt of � w��ath tlul aor-thefly lent line of tile. property narw
Vlr'nu-Mberod t�enty-r_rrre< Bedford stroe,t; tileatr se�atltexa�stc cly
along, a straa,i lrt line to a faoilwt in the norttle.rrsteriy lot lire
of the, railroad Property threo hundred an e vf'nty feet dis-
aalt, swatlacast:erly from the southeasterly ;in; of Aleriarn
tree t; lre a the
soot iwwwe tearly alone a sta°aPoint Of beginning"
r llt, fine to
Hanc,c.rk-Clark Distr-id Be erring-f a: the inters-00 j()'I of
tiac kli lire of ��ancerck stmet esatn. the n rtlreriw lane
of Tarla.erc: awcarluc; tl�slice w�-esterly alone; said lreartlrcra1T
? ?+' of ar3ro avenue two hundred feet to a Pol,rat: thence
nor r,laerl. r airrng tI line distant.two hurw;:le`ed feet westerly sterly from
and. ,�arox lei ti wro to;-ly lin of fl r-Deo le _3treot 40 the
south t.ly lot line of the property TIOW- ru�xlia�r ti fP}dty-six
Hancock Street; thesice easterly along Said sol�.s}aorly Irrt lilac
Go tire 11"t,a '�'L y� Ilr�. .?.a,a�a�ct'rk star�ett- =,011ce s�rrethn literly
isr :,u,Mt 1i=€ �ic..Ec,;s ��aa�r errl�street, era ilre:ar rersa rrioar of
the+wa£st€=sy tin rf Hl an:oc strut row, °<_the 5tautlleat°ly lot lire
prober t. raeawv numbered f ord y_f-r�°e Tit�ncock Wr��t;
€c there asterlY&tong srlel souther t p tot line two l uri'etred feet
to a mint, th�zlce southerly RIMS a lin,€3istalrt two hundred
feet e,asterty from and parallel to t➢€e:emteOy line of Hancock
street to t>I ,d ajortilerly lino of .l d;ewvood road; trbmc-C w t-
Fl alc� l; del northerly live of Edgewood reed to the roat,-�
of-1y lane of Hancock street, thence northwesterly rn
strait llt Ial.e€eras-s ffa'��coc street, to the poini, of ere in lixa
Leta. rcrs €'c�z�rm District D`e�ilIria11 at ih aaxt tirsc °tierrr of
the a stlloast rl- lines Of .jas,a�,ej-el; tts rave-nue Watrw the
northerlyiot liner of "fower Park thence` rlc�rtlrcastcrly
along said 3'mtlr rly lot lino two taundl d. feet, to a Point;
the-nee ilortbtrly and then a ortft,k`est.FlY along a l;ra� ells-
%alit two hurre zod feet northe;a e rly from and faarAllel to
ti-re-northeasterly iitae of_ assaac,harsa,t,ts aveaeo �o tho sou.tit-
ea,s e'rly tent';Ine of the property now numbered fourtc en henna-
dr l artd f t l. afassac �a e tt errue: thence south w°estP ray
along said southeasterly lot line to the a orthea,stfarly lime of
Ma,ssachusetts avenue.- thence southmiresterly in a strai let
Isne a rocs f sae;husetts aw"erme to the illtes�se- -liw of the
socztt wwersterly time of w fassa€shu t s avenue with til�c 6�srrth
w tcrly lot; itt ,, the t'srlaert,y now ntanrr�ered ftaurte n
hundred and four Massachusetts av(',nuea„ tbe"CO sout
Westerly along said northwesterly lot lino to a point distant
two hundred ieot southwesterly florn the southwesterly line
of �slass ehrx acts avenue; thence southeasterly along a line
distant two hundred feet southwwTest rlY frorn areal Parallel tit
the southwesterly line of j°fa a,e,ha.rsetts avenues to the north-
westerly lime of Percy reran; thence southerly by a straight
Line across Percy road to a point in the southeasterly line of
V
ITIVY road ei.ltant ti'Q ki*.i
t`zte,r,+et, ion of said
...v=thonst-;ik line of Fercy ,..,._ Pith
C6,.r. 4+:ti& 5} line of .I
southeassAy. mng 1 ;.Ia,.F} zl5 ram" #_Lrlt.'uC,`1it Y . a.-
',, es , at <d"(tr,_? and p ar,i_5.. to Lho wr,.t.;r y " _ zrz'i u:t,.v .:;w-rd
by. of al,.r:r'_ .;e-� and -,�.,
W r ,
dq r: ^.�-_ ,s,5 3".'i lu3'le qof ' iot T""- .�
,.d.I vruGong. he
aad ..sulk"[` c'-'S c-ri y. .° - oi _zot to
eu`3,'a4ee"-I S :fii.:p of 11.A.E2.a..¢'d 7'o^Ci t:txl ns.'e rx.cr'f h,sv.ks~ ew `;• a,r}ii''
a
't..a
tho S°,UC .. .r,`_iY 'Linc a.. s elh .,. 3. zad tCa. tap,ti#a4a2 tsw,=..`a'P
@.d., G'e t+x w:> ",�,,.S,�:s..t i E3C."S .tal,s the r-,e no t:pl,£'s ,, u-'. 'a
b-zie a i+:ss M¢d;ls,a;;Omet,r:, m#:nue Y't the pO€ t ol"
beginning,
...
n,f'„}:' rrm3t•.' ar. 3f an l.)zxild"i ri f;'' st tt, „v Sv Sin
t -�.,t:i,'
an
,..-:.1.3.3 rJ
e -
, _ ' r: sa.Ioa..sa=t'l L` _
by a i of said 1"'u.ildi-g, or 7 arl,i h_ur' .'so t-'ho'u fh"I
no we . O9_rca or Stw,:u chue 'rah o..i be congdemd °k:,.tto Q w3i.Wn
Us WON d._ucs;.d Nr the purpmms of W m,
act. d
ivi teams S' alt ha r the LfiJ°�vr;,''_Cl� ridea'v.�vlgs:--..
°. "✓"..d4. g", a OGS.Alb-' I"iri'i.o-n Ui ro'o_ 'and
fora?'Yk.I'g for pots dd".>r a'.ari;:rl s'i5 or prC7port- '
"Bu d g i' C¢ -toi'.t'r thr- buikling inspector of ..1ha town
of I
the hlstcTic d.d lrrcts uAab.-
" -mx 'e
1:xUiltis t ::U, ,�s?.I.�:tF^`ou� a ri'd.',CiS7s+"4ke;ta: -t 4`sa suU.�:id r"t
and csratrveta,;;
"E: ter"2 i arCfiftectur fi'slar3r& skit": a daRectural stylt",
and general °irrazagemen t of s dh por tira-i of t-ji_, xterior pail'
building l?1 .�itr"asi',tu rr_ as 3s desigar-'d .,fir be, y;i`em to -Oev#'' born,
public street, �:-,ay, or mc�,,?" including i�4i s xzrr. t°,rlor and
texture om' the building materials o >�i'tch portion and the;:ype
mad atyb: of all windows, doors, lights, sign- other
fixtures £rppartezrai"it to suet port3oj,,.
i Fli-zi ar? �S:iS'Gr'it; . the districts "usta1.311."hcd 1.s% Socti3o'.
two-
toPcrs "- the 5:5;ord at t' , � r,r
.E'"µr��l7�:,. Y:,av ilizv� an :flt"?�l"=d,`s9,fatr a,.
corporate or unincorporated -�r" arsa7s,tidan or sDcid�tiori.
and tract tdrwzz of Lrmungton.
&ructu re"; a ccambinaLion of materials, other than,
building, sip or Wlbomd.
Cc7'vvnissian.-- there is hereby P_gq&blished in trio L'mv, of
Lemngtors an Historic Districts Comurnission ccaaaststing 'Of
five u-ipaid, members whoahall be reiiderats of the town f
Le inga,�.an, to be appointed by the mlmt en of the town as
follo",s:—two from .four candidates nominated ,may this
Le -n oD HiBtorical Society, Ole from t ea candidates
. . : .
i alai xt,r:d -y The 1Jo8,.inz�toa .rts and raf Society, Inc,,
-i e fr rra tv,,o candidates no nested by the trustees of the
�a.ry memorial !ibrary and one member selected at large
by the selectmen 'Elie l elnburs initially appointed here-
ckz o 3 r slia,ll Bea ve, in the case � s�r��ma r appoi�tecl upon
119miiiatio i of the Lenin too Historical Society, for a term
apiring one year; ire the ease of the member appointed
upon nomination, of The Lexington Arts and Crafts Society,
xaio,, fc:r a i crm epir ng terra years, in the en-se of Lhe member
xl�poii.toal t poia sa aa?,.iiaatioat of the trustee, of the Gary.
bil".da"orifa.l % brary for a term expiring three years, in the
crta�ju L lxo second r -nlaer appointed upon nomination of
the Le)d)igtoa IL-storieal Societ'ya for a teen expiring four
years, in the easy; of Lhe member appointed at large by the
electmen, iosr a terra expiring five are=ars, from January first
fotl,ywing the year of siadt aappo int ents ::.o,selectineri also
shall appoint forterms of fire years from said January first
t 0 �ociate iz_se refers of the cor aar ssion selected from
candidates of one each nominated by the doresaid organizes
Lionz saud tr€tstees, and in the case of a vacancy, inability to
ad, or interest on the hint of a no-ember of the commission
lIL- plaaee u-,ka:; be tal en by eta .,oc i re n ember designated
Dy the chainn , of flee commission, As the term of any
ember or assoclate member e piress, his successor shall be
appeirn,,r;d in 11.7KO manner for a term of five years. Vacs aneies
in the corn iusion shall be riled ha the same manner for the
u3_ioxpir l term :livery member and associate Member shall.
c€utinue in office after the expiration of his terms; until his
tt ewssor is duly appointed and qualified. Any member or
ais_roeiate r eniiier may be removed EIDT cause by the.appoint-
iaag autf on ty upon uTitten chargo 5ntzd after ra public hearing.
the coramissioai shall elect a chairman and a secretary
from its membership. In the case of satase ace of the chairman
from any inecting, the commission sba.11 elect a chairman
pro kempore for such meeting.
S .d TioN . ftaatfo ns.----(al No building or structure,
except as p-ro vided sander section six, shall be erected within
the historic districts sinless and uutill an application, for a
certificate of appropriateness as to exterior architectural
feataaren which are subject to vie-v from a,public street,way,
or palace shall have been filed with the commission and either
a rti ieate of appropriateness, or a. r�ertific to that no ex-
terior architectural feature is involved, shalt haavo been
is5ueol by the comn&sionr
o biding or structure within the historic districts
sti tl be changed to exterior color features which are
,subject to -view from a public street, way, or place unless
and until an applicaatio a for a certificate of appropriateneoss
as to change such Colter feaatures.Mall have been filed with
the connoission and such certificate shall have been issued
by Vie commission.
(c) No building or structure i the historic districts,
except as provided snider section sax, slarall be demolished or
removed unless and until an application for a permit to
s'nrnc ifce-i
Sucl� T"',erl-PR' hn'lve k-f'-'t lky the
(d) N 0 occu3patw—a cr,):, 'Im rcml
provl&d under s&fiion s5 aoc! 3io &"-tfl he
or displayed ori lol, c�i Z"he i-xf-e-rior of --n-y OT
structure withM tbc- unle s and all
appliez"'tion -for a (A" zh-aji have
been'Ell-,W vi th d1c, -d�-,Vef
been '.qsuol by tlwC L'i the case off l,.ny z�"och sig-(-�
or lailrboard" eTected' 0,'_ cbsp"uiy�Id prior to t2-ic, efl.evbve U1 a C.�1-
3f this tsiere shail be aflo-ive, I S-1 a period of five year,S�, ub-
sequent to &aid effective '-eZtc� in whieb to obtam zwrh
certificate.
(e) Exce
pt in cae'B e x sclude-d b'��" section ziix'.
M No permit shall be ifn-st ad by '�he building
for azy building or struttl:�n-to,tie,r.,riatted v-itlh in the histoetc
disiriets, unless the for 2aid, Perrait. be ac-
coraparilied either by a of "appropriateness or a
certi-ficate that no extenior feature ;"" i1i'volv(y],
issued Under scc--tior ldno,
(2) I-No perinit shall be issuN) by th-a building i-nopactor
far the dercolition or removal of axe buildillf', or structuro,
wjthin thp historic distrietz, dess the appheation for said
permit shall be ace oinn aruiecl by a ptxnxit issued U11:der sa;d
Section mne.
SECTIONZ in t4is act shall
be construed to prelrent the erdsnaary maintcfia--acn, or repair
of any exterior architectura.1 teffnurz of any building Or
structwe-v,�<�Rhdn the historic district's, nor shall anything M
this act be co trued to preverit Vie; erection, construction,
reconstruction, re.5toration, aksrat on, or demolition of any
such feature which the building inspec-,,or shall certify is T�—,
quired by the public safety because of wj uDmfe or dangerous
conditioia; nor shall apythirzg iT-� tlhiq nct be Construed to
prevent the erection, Const-Iuction, IcConstruct-1011, restora-
tion, alteration, or demolition of any such feature 'under as
permit issuewl by the building impector prior to the effective
date of this act.
(b) The following structures and signs may be erected or
displayed, within the his-toric districts vAil)-out the filing of an
application for, oi the issijance of, a certificate of appTo-
priateness.—
(1) Temporary structures or si&7is for use in connection
with any of celebration or parade, or arty ch-"4table
drive in the town, provided that any such stmeture or sign
shall be removed wiLbii3 &.ree days following the termina-
tion of the celebration, par-ade or charitable,drive for which
said structure or'sign shall have been erected air displayed..
Amy other temporary structures or signs which the com-
mission shall determine from true to thme may be excluded
from the provisions of section five withutit substantial der-
ogation from the intent and purposes of this act,
(2) ReW estate ijgns of not more than three square feet in
447,56
300
UC or pu1,..tiLj cAl Ific preunivses On which
hspla..C,<t.
of' i,,4,ot -more tba-ll one
suct
oint
m,;G- tha.u, Q`�-e D Sig s, im
Vn,� narne, Ge-cupatiom, of "Addrcss of
e on hich mch. Sigil- di(,,rectcd or
vvhcre, trek t.tcd "vidlin an It--I no
w trict drafil.."'A i th, . Zonij,,,g Bp,La-w of
a
of
tcith Conmni'ss-im
=mok,4 7� tIp Cations w Lt,
Except, Schil "W_h.o de_
(uqzas axclud�,,� b3,scobcm Six, 'il)Y' PRV
-1d
3-f—z'wre, alter,
Cires to ellleClt, b"n -1
M,OVL�,CiCrfloiistm, car tj.IG Dl�erior color fe,
-1 " e r Y"'Whin the
4ar strwtun� nu�v 011 hCreaft-
any biffld
-ffliin ahe historic
)I' to 't or dk tp mi, I y
any slall, or bi'Llboard for -,vh"ell a COY,Glficate- af ap-
F
,-c ph (44
I's Yec, ,j Ukd soc
J ilve, 511"', ppli'cabon, 'for a
ition or
cerbfilcatz�� caf op-M-OPrIatwelless Or 4 P��rl_t't
'e],Txcvvaj, as t.it; cme ma,y P. wii�h �meh Plans,
mawrial aful otlier nii ormati oil Oz
re
-iis, un to ella-bie it to
shall be cicemed )1ece rrin&sa1v by the co
-mako a detomnination on the ;,Pph(mlieTn.
breaj,jjigq,, Tiiw for Jfaki.'ay Deter-
P-11.11" sioa sh R bo held at
lip's Cif tho co !isc al
_he
nwr� and also w1hm', c.-dle-d in sut-4-i other mail, tip t1ho 6hair -L F
n7RrIlla f,;rr.l- &�� -ffl cjc-ti inn in it S rules ;-Ve
me-r."boi"S, i,,.-,(.AUcbng azisociaW miernbers, of UM COHIMM2012
shall
T'K, CWMIMLSSIM Shall detetrpm�inc' PrORIPuly aftcr the filing
of �,t)l -tT-
,pli(-a tiol�, for of of ar Aoprim a
r,a,, fe C Oil n
R1,11res, wlici,.) - tLe appli att i
volvoz-ariv sucjj tturcs. If the mw iission determines that
�wh ilaphcaation involves any exterjor ,archite-aturai feat-tires,
Jiaffl hold of ubliv ficaring op sueb applica-
tion, 'The so shall, hold a publ' Hearing on
al ic
"Cat"OnS re(JU Eled v6th it under this
_j)P11 ired to bo I
act. '-;nIe for the hearing
Tlao shall fix a rewso-nable U
on any application and shnail givc public notice thercof by
_10tico of -je, pj��,c- jij of the
tj n d purpose,LLj,)g
hearing in a local new-WWT Ut lonst fourteen days before
said,hearing and also,vvitl:in )w_n clays of said hearing, mail
a copy of Said flotilCe to the aPPUca,11t; tO il' ow"ers of all
pFGj)Crt-V &,(,,Rloci fay thfj coj jnijwiori to be, affected thereby
as thwYappk�ar oil vile most recent local ta% Ust, to the plan-
11ifig boar(j of the lbown, and to suoh othor Persons as the
t�ommiasio,a shall deem entitled to notice.
As son m convenient after such pUbtic bearing but in
any e-vexit within sixty days after the filing of the applica-
tion, or within such ftirther tine m trio applicant shall allow
in writ;rg, tlie comrnj53ion shall make a determination on
the application, Jf the commission shall f" to make a de-
195 C',11YA". AT Sol.
o 'o hir,
Lrn' 2y,llo f-.fl by s.i'Le„ m.+gs.ilt'�3izs.", s. aF ;,zptY,a a,.wa:kaq �ih' h i»w
re-0-'"a'+d to Etay aia,`PTr1 .a{$
.d"n "r" 0, . ,c.7.s, .` �:IrtpxG.�•��.. e;r.... D ..u.'.., of
S",€fr?. ,^.gY?'nrni :.isti a .l.ta,t h voa flkc Following, F;,,owvra'ss,.
ti a `k bb2�6 77a�'nd''0 S 'w2MD Pam tePM ._
i',.+ o ard—dik.rr turn! ie'a..t,_xt„
ak t�tw sC a .� i;'f"itt r.YIt.:S to -) er(r to ai t," t,';. tho historic,
cH 3'ets Morever gufda ftk,.t Lr a "rams sl'.(bject to 1;ww flor1
a t kli °: stzoet, lva or , axc
a C, in exterjorCo4m" f a-
tfl,. f' of the "d?1'nb:'otic diat icts
'61..1''.f% $ at'Ct-ac aro sulojteo,; to u=:ew fIoinn a pkybirs
f3 l a aft aa AiLx�n or `<i + & of zri it Naldat9T: .` ;s kuu—
dare a:i 1 ii n Vhe, his"tozlc dl_tz cu'r . 1._;.o dMo' n.-Ils s`iou May
Mg or strut"turc of arc toctauawl or b i c,'a_Hc 7n'.tro"to a.i e re-
i z,)va" of in, th'O cgxri?iicm of ,,,'h,& ca"7a'a6.3E"isgi.fsn -A-,xuld. bo
d ts"zzriac cP1 tc� tho Public int rcgt.
`-lj3}'33op3:'satv^.,ess of the ,."_ (:.tk x; or display of oc-
{ or c6iier Sqn ' n'"a k T J6a&."+a).'w"aaq. i6thi
the h sT,oy.ic disbicts whowovcx ea cs"`rtj,.k,e'tf c_tf pjSTC3pi'daw-
aes'h for any 'aIw'h Sign or biaflioc rd" 1s "11"J€r Paral-
r'aph MNC) of sn"Gioaa five.
in. pa,.sing a pk'7:Ct aP:Prop'iat I c's: or re.-n.C}val,
3C v'tsr 3`S S2 sn w13aLll detern7ina uth ;h.r tk o, fend ur , d("Ino,
lation dar rcana a!, sign oi- b3ktlbt3Rrdl" , t++,kvfd n'JJ be 2.'JiIo_
g}a"Iaa>'i: fcr di p a haw s of this aiA, and it „1"ta li be deter-
mbed to be ina-s pratTmate, r4 ail '`l»'.vvr??i' a l G"i"ss'�&'a o7"-i" a
to c.ond itions- t ra)etiall`' affecting the b-ailding, 6t3-t:fcturF,
a
sigm tier ibifl�,-ard 3i�"w'�iiS ed., but not, affecting the historj
invaivrA t ;inbstiat"t-in' har'dsliip to the P ipJ,,f-w t aDd ;'e'he'du
MMh .6pg`lic. stio4 na y 63 approved tafh )a.'s;xabstaptial, drtrl
mont to tfac pu fic welfare and �vi#ahout ubs`aa atial d rnga-
ticrl fron'l the il.,Ler t, and purposos of ;,leis act„ if the corn-
rnassion fl-a4, the featklresy domolition or rem"wal,
sign or ldiiboard involved. `ib be appr priale or, a Whougl
ay ryapas:E r.: caving to o ditiww as �oa�saidl, failure to
appromve an gThcrMon M invoke zubatantial hardship to
thR npplic at r�t�d p?�rsa i tiaY rise t.:i,), be zi�a do -without
substa-TA a l de trirr cnt or dei-o atiox as aforesaid, the corn-
rnission shall appt:.3vo tile`, appL14;a tic"il; 'but if the comma's w l
does not so determi:no, tho a pplicu don shall be disapproved.
n passing upraa alppropri .U--n,ss the c rrs a siosr sh-all
ti onside r,, llinloiig other things, the hi v(aa'1=cal Value and s$g-G
niflcarnce of the budIdiug or structure, this ge r:ra l design,
arraangoment, textum, atrial, and coach° of tho fe'atu es,
sign or billboard ialvc lvkd and the relation of sdach factors
to sire lal.r factor's of buildings and structures in the -irnmc-di-
ate swroundimmngs. Thu commission shall not consider rela
302 1956, .,mow».... CAI..rLP, 447
Lave- 8izo of hur ldi 1p; arid or det:aiied designs,
inViiur aI!$sn9eiTaent and other" i)uradfr v 'tt;sturos not sub-
ject �o publi 'r "Dia s1nali nut w ako any.
or regWrol.ne.,E.ts txtept for Ule Purpose of
p3°evenii-rig dovelopments ohl viously irrcon r-uuus to tiro pur-
poscsz4A Jortil in this aa°t,
°thF4, c-on ureirg rtato of thm—,'r members, hlcludirr associ-
4 v irie- hers, of the c43rt`tinission shall be necessary to male
a de e~r minartion in favor of f4lo applicant Ora any matter
rafron wh ch then cons mission is required p, under this
ae;t.
b Tr a the Paso of an approval by the wnmmission of an
appicatien for a certificcate of appropriaaa`yonozs or a pornfit
ftrr arc,rya riticrrr or removal! or ire tyre evert are application is
doen,4ed. approved through f.illrrc to -make a determination
itiiin the time: Spccr rcd ire Soc.tion 03""l2U, Lhe commission
shall cause a ccrtificate of appropriatene-ss or a permit for
demolition or r'erncr�vari, as the case rmay be, dated and signed
by its chairrrra:ra or chaumnan pro tems Pore, to be issued to
the applicant,
(C) In the Paso of diimpproval if are application for a cer-
tificate of appropriateness or a permit. for demolition or
re:m ava , thy, comlrrission shall notify thu alafalicaar-t in writ-
ing, setting forth thercin the r :a.,scrrzs for its datcrminartion,
amok, as to applications for a certi-ficate of appropriateness,
tho cGmmi iou may mako mcorr mur,,dati.ons to tho, appli-
cant7lilt1h respact to appropriatcaress of design, arrange-Mont,
texture, ralatoria:, color, and similar- factors-
(d) In the case-of a 'by t.ho commission that
an appliva;tion for a certificate of appropriaterrr ,s does not
involve an-ye i riot arehitoctrzrai ferrtraro, the eramrrrissitan
5harll cai sa a certificate of such determination, dated and
signed by its chairman or c irman pro tempore, to be
issued ferthvitia to the afapEcarit.
(a) The commissiun shall keep a permanent reword of its
resolutions, transactions, arrd deZorminations,and may M.aalce
such rules and regulations consistent with this act and pre-
sorilae such forms as it shall doem desirable,and Recessary.
The commission shall file-with doer town vlork a notice
of all determinations made, by it, and approvals of applica-
tions titrough UJure of the core m;.Ssioa to re-aker a deter ina-
tiorr either the time aallowed under section eight, except that
no notice of a determination that an application for a certi -
Pate of appropriateness does not involve any exterior archi-
tectural feature shall be filedW
(g) The commission may incur o pensos neeeasary to the
carrying on of its work withilt the amount of its appropria-
tirara_
ro4q l . ccls. Any person agrieved by a de-
termination of the commission or by are approval of are
application through failure; of the commission to make a
deteerrair?atien within the time a owe-cl tinder section eight,
whether or not,previously a panty to they proceading, or any
,he-.Ts, t956, , 3032,
4.,)ffic,er 3r . .,ord. of stho t*:11° :a"yv %'/il'a1: ;i��r
a
the 11in of notice 0 'aUoil dtt O T.;I ?, L?Qfl Gr st as"rS �_ w"%9t:
the town �jle•k s vapr-,erd to :he asup r or eourt in equity
for the Bount. (A 'ti r 1k(".,x_ '?'h 4-tourt shall how, all perti-
nent ev,?doa ore and daterrrune the factor" and it; u_Poija tithe racts,
sra dotcrmined, such det n _inaation or approval is found to
G' :v£aC," , dbi.ltri:C)eity"oL th,' i�a7d�Y?Y:;.�wion, th L3F%rt al all annul
such d. iGii is ttion, or approval and i'o.inand the case for
further actiori b,,> t4e z3 .ras ssita,. The remedies Provided
by this Section Shall be t ? lhu8ive; "._'alit tha parties s9a2w1i have
ail righLi of appeal and ea °i�pbor Ps in otha r equity cases,
Costs shall not be a?;liG>F;ed against the coanrnission unles
it al-aall appear to the coact that the rorrii7iissi}n acted in
bad faith or with rrnalice in the matter from- which the appeal
was taken.
Costs sbali -iot ha°a al+.r-wed. a .„inst tho party appealing
froin such determination f r .tPP O—vat of the corarnissaon
unless, it s4all appoar to t r a. t t'th«t said party acted in
d faith or with inalice in rtra 1)g tht3 appejl to the co T t.
E,nforcelrr., e. °. person who violates
any of the provisions Of ihia act A'atl be, &-Ldlty Of amis-
demeanor, and upon conviction them of shall be fined Pot
less than ten claliars nor snore five hundred dollars.
The superior court sitting in .clarity for the county of
Middlewx shall have jurisdictioy, to 6i frame the provisions
of this act and the detotminaations, rul€nga, and regulations
issued thereunder and may restrain by injunction. violations
thereof £i?"'d issue zncb other orders aO= relief of Violations
as may to required.
SECTION .12. a everabihty of ,f'rwisians. —The provisions
of this act shall be drained to be sovorrablo and in cam any
section, paragraph or part of this apt shall be:hold canconsti-
tutionaal by any court of cornpetcrat iurisdiction, the decision
of such court shall not affect or impair the validity of any
other s-,ctiona, paragraphs or parts, Of this meet,
SEcTio.N i.�. Effective Dam. of.Ac2. Ilus act sliaa,lt take
effect upon its acceptor-ice by the town. by vote of its Lo n
meeting members at an annual tawn meeting or any special
town meting called for the purpo .
Approved June 11, 1956.
AN A r RELATIVE TO THE SALARY, TRAVELING EXPENSES- Chap.448
AND REIMBURSEMENT BY THE MvWOKWEALTH OF A PER-
SON SERVING IN DIUAL C&PA.CITY AS SUPERINTENDENT
OF A. UNION AND REGIONAL S-11190 D DISTRICT OR OP TWO
BeOn MORE REGIONAL SCL700L DISTRICTS.
it enacted,etz., as foUows I
ri,criON 1. Chapter 71 of the General Lawa is hereby G.L.(Ter,
amended by striking emit.soct on ,as most recently amended E),71,
by chapter 237 of the vats of 1956, and inserting in place =%--dce.
92 AcTs) 1958, —CHAPS. 184, 185,
CmipI 184. AN- ACT TO PROWDE RMERGENCY IMPROVENIENTS TO THE
PLi_NT AT THE NUSSACHUSETTS CORPLECTIONTAL
iX3,T1TT_T10N', UONCORD.
hv.,rea,R, 'I'lic, deferrc,d operation of this act -would tend to delreaL Us
]?1UJT3,Sc, ,viich ili to provide fund#i irarnedialkty for c1nergs"ney Ini-
to Ihp, power plaxit at. thr,, Massadlu%atts ('�Orrcutional
Ccmaoyd, tfirreforp,it is heroby declarml to be ao emergency
iac accesz.%ry for ih( im.nic-diate prc-,crrvaition of the public conve-nionce.
S'Lx:,rio,\Y Rom 8'2 15-6 t of section 2 of chaptu 471 of the, acts of
ll
195 t. 's ev,-by aluerldocf, by strik-iiig out the wording and hiserLing in
pin " I -, fo -�j For certi ftn building altenations,inclurLing C( hr�reof c'14f fflrm.-Ig:—of a pedestrian trap, and the. cost, of furnighings and
nndl for ffinprovnments to ffic po-wer plarit.
ROD.853136-43 of section 2 of ch-nni-er 738 of [lie aet's of
i arnn- ded by �trikchi.- mat the won, ng and ins(,'ning n
pfil,x, OVI.-c"if trw fillowing:—Far improven-tcmts to t1te po-,vnr plant
at (It", AT2,�.r(,Iafv cats (IM.-re0ional Institution, (,!oncord, to I)c in addi-
T.o 01 , alriowa,".. appropriated in itern 8255--64 of section two Alf
f?pl,,r lhum,SIrcd nod 8(;venty-oue of the acts, of nineteen hundred
T ) provide for suppl(menting .'maul sums prox"tously
'11)" 1.17 O'd for oruerp tiey power plant irr-provement,s at the :Massa-
ch,�u,..ttfs Curroctional Insuitution, Conccwd, transfers are hereby au-
thrz_iz{kd 'n's flo,qkmr"ted ip the follolvin"y itepis-
c M _ncc-, n'Mqininc iu �ifm f", pr p6on h wn d 1-01 b""n, s
3 j tho actq of ninrl 41en hund roki
,vvt ,UitV-fivp nrl the dffectiv _ eftis akit,is herpbw wnd
frrr tht- r)f item 8,156-43 411, Fcfttiun two of
_,lakcdred nad 1'v tbi�s,tct.
351,'-f,)21 Tnc� in item. 8356 02 cf two of
6-I r! f 1,evn'. aura lmd a-nil thiri�,iglit r,r t1vu a-ints of xd s-repyj hundsgtl
an,l rM V-rivc,;m tLi� tlAtl,,)f thiS 11X,4,,i:-h�r-hv tnui4vrrv,(1 uid
Tuo,dn avai1:G'1?it For The, purpisRs t-)f item 2.35C)-43 of slUd mntinn tw", of
G�pvcn truudrerl and thirl�v-eig4t as aruended by 0xie.
-4 pInvoed Alards 24, 1,9,58
(4-Tu, 185. k-;- APT TO FUJITTIEM DFFINU THE ME-MBEITZ1,3311p, 1101 V,Erts
DIMT.,3 OF THE 111BTORW DISTRICT6 CO-MAIRISIGN IN
T111; TU'A"N OF
rec., a,3 foflows:
L The finit, pavqgraph of sectioa 4 of chapter 417 of t4c
nc of D;51''i is i"c"ehy airionded by striking out, the third soutence and,
alypoint for term," of five veftv,froln jalzunl�v first following the
yc'ur of n"pilor'llAnnents. four associate mvirdw-rs of 0he conuniq,ion
sc](Tqed fror"I culldidatf"s nominated by the afore-said orgay6zations and
eafth s,uch organization and trustees to noMinate hve, each
�v:o or Move a, oc,:a, n inembers are to be apf ointed. and to no3ri-
inat� Oiler each-"vilon old-v one assodate moynba is to bo appointed. In
L-Ts, 1958. — CIIAP, 186. 93
case of Oic d ladacarec, inability to act, or interest on the hart of a rrieinber
of tare carawissio a his place way be taken by ao a sociate r crater
designated by the chairniaarr of the comnussion. Tn ease of a wicancy
on said corrini s on the eliairman may designate an ossociafe reamer
to wiry t. ns a rnl'mbev of the £-,o rrrnission wiiil saMd ti';t•mancy 1ti ti 1c, as
PPWIM(al in twa SCUM
8F,cTio_ Sce tion€'fi of said chapter 4-17 is herei,y arneanded by add-
ing as the,ever d l:c� following aragrq )h.—
(c) "lase ex erjor c;lcir caf any building or structures within the historic
districts may he t.:umiged to white without, the filing of an application
for, or the i;1c�iwn tea of, a,certificate of art pr opria:{.c sec s.
fiord rioN .3. lie ,,.a-cin i paragraph of section 3 ::f saki chapter- 4-1
i8 hereby ij:.Ir'P{`i.;.la'.'f.3. ]W ,it:r3khig t)riti {.l o fast msC.ntC'r ce. am! rflaie`,i'Ung in
plane $h{rd'C#o (lie fUMVing s rite-n c:—The curnmissio "also, ^-Omfl hold
a prd;hc ?enz—h)„ on veil other applie=trtions roj ir° i to be i+_kd miT it
undw tleis act, except
that tote coman-ias1mi finny a p1m avv =I €afal)licat°lon
Fla a, change .in c�-4, nkr t,s. or' featuves ra-ithout holding as heater-in"; if it
fla°I�C?'l:drans iha: the a :'T i:itu) ?. 3['a qed ks r.�I vf-�3S'a�Q}e
a`S,z;£;°Ut):4. 4 Ue I t eel p°mgraph of secrioi) 9 of saidl eita7.pler ,t,'l7
is iicrichy ani,130i l by :s&lkdrtga" card, in lades ttl ica 13, the —or& "The,
C.{)t'T]I Iissi arl shall i:Iot rivat„t ally rY'C,c'",'7Y9ZTtd'.'tid•:ti.r('rIls or ri:quiY'^arne)it's
exeCT)t €+ t,lle l)(.r`f)a;5c ,;f xKa"m—enting &—velopm.cTits obl -ittatsly inc;ongru-
ons to the i�i€3rs!"t;it';�;:E"i. f(reth irr t.frifi a.Gl."
hr-CT1() 5. it i t,it,t) 9 aaf &aid chapter 4 t5 hereby further
r}Z`dai'nd&I Q iia„Crrtng of or• SSiid 101 palragnph Ox, l d k7k ing par'4-
In approving an 2pplic"Ition flie ni-Ly Impow Cct,nilitions
ai hkdl` if"he f i ,ir;r:: ' of-atippb"d;lal`intei'ess,is a).{ed iq)ont aN'all lie 1 finding
upon the .<pt)lr_.w., due;raw!ier of the.?aropor:'y A~arit1 in tick,
Sl';CTaf}'y i}. 'oc i€ji 5 of said chapter 447 is h erel.?fir further
a3rTLfltekd hY Wing g W paaa'aacomph (e) and It1;crf-ing in pincc- dherf.`af die,,
follf F€`ing p ava rp aptt
YJ In the case Of di";aSppr"oval c)f an a pplicatic`rl fP.ia:" i Cc r•fifiL':me of
appropriaf-ovwas nr ar p rrartt for demolition or rerncxal, the eC)I3 ]ar�yr�iFi
shall c a-u a ,aatk!�,, oftc�;at termn�irr€.)sin, tlOt�4 srg alaall 51O d-la fit, C ,—
>xa�a..gn car s°hah'�xa:ttt i�a4r to}.�afac�r•e, 1.ea be issued to the applicant, ..x.ttat,
forth therpin ehv9 reasons for its detei`niii:iatrJ.:An.a, and,,, n-,j to ) 1, z��:r�i.!v
r g
bw a teyitht.,'�ac ofa appropri'at,°uo;iess, the ta.L)paunii—,3k)n r�uaa" r4.raIkv 3'+.'C^�.om-
arreaarl� la( r')is'iearat with respect, to a,pl)ropri at,p lec is of design,
cirraaLl CT , 5, � 4 i t`e, :'➢1 aierial, c4.-)Jo , ,nid sirnila f ac,12 rs, Thc' ttti'M
MIS-YX3 Shall resat make any recommendations except foi, the of
prevcnirl'g la,vi ,r?atakds C?t,G;iou'y hlecal3fTr'trous to the 13urpnses .;et
fordi in this act.
McnioN a'. This 'cat Aiall take offset capon it.. p-.,,4age°
Approv d t forch, j�, t ,58.
HAP. 181 AN ACT rr,,NGIa\G 'r III' BiOt3'N13.'t_RY G1jars5 ezr TJIF,' rr 1�Td 'F,
I LAXs,) 'at".1.'TER DISTRICT r`,r THP "i'e3WN OF SALiSx"3UR .
e at enaaded, etc., as oltcaws;
F=io-, 1. Chapter 298 of the Frets of 1936 is hereby ;)ni"—-�ded by
striking out sesaation [ amid inserting in frlace thereof the follo,. ng set-
tion:—S fiion 1. The inhabitants of the town of ar3igburyr iia,iaic to
, cTs, 1966. —CnAr. 579. 531
Chap. 579.. Ax A W4L&Rabic THE g 'STING DISTORIC DISTRICTS
AND ESTABLISffiNG AN ADDITIONAL RMTORIC DISTRICT
IN THE TOWN OF LRIL NGTOM.
Be it enacted, etc,, as follows:
. SEcnom 1. Chapter 447 of the acts of me) is hereby amended by
strHd g out seWtaon 2 and ?inserting in place thereof the follawWing
section.—
Section 2, Creatiara of Districts.----There are hereby established in
the gown of Le-xington four historic districts to be known as (1) Battle
Green District, (2) Hancock-Clarke District, (3) Munroe Tavern Dis-
trict, and (4) fast Village District,'bounded as follows-
Battle Green Distract. Beginning at the intersection of the northerly
like of Hancock Avenue with the easterly line of the railroad right of
way; thence southerly and then-southeasterly along the easterly and.
axortheasterly.line of the railroad right of way to a point in said north-
easterly lase of the railroad right of way distant two hundred feet south-
easterly Baru, the easterly line of Hancock Street; thence northerly
along a line distant two hundred feet easterly from and parallel to said
easterly line of Hancock Street to the northeasterly lot lire of the prop-
erty now numbered t; Merica Street; thence southeasterly along said
northeasterly lot lime to the northwesterly lane of Meriam Street; thence
southeasterly in a straight line across.Meriam Street to the intersection
of the southeasterly lime of IlAeriam Street with the southwesterly lane
of Oakland Street; thence southeasterly along said southwesterly line
of Oakland Strut to the westerly lot lane of the property now numbered
eleven Oakland Street; thence southerly along said westerly lot line
anal said westerly lot tine extended to a point on the northerly line of
the railroad right of way; thence easterly along said.Northerly line of
the railroad right of way to the northwesWly line of Woburn. Street;
thence southwesterly along said northwesterly line of Woburn Street
to the easterly line of Fletcher .venue; thence southwesterly in a
straight line across Woburn Street and Massachusetts Avenue to the
intersection of the southerly line of Massachusetts Avenue with the
westerly lane of Winthrop Road; thence southerly and then: south-
westerly along said; westerly and the.northwesterly lime of Winthrop
Road: to a po nt"distant two hundred fifty feet southerly from the
southerly line of Massachusetts Avenue; thence westerly along a life
distant two hundred fifty feet southerly from: and parallel to the
southerly lane of Massachusetts AvEmue to a point distant two hundred
feet easterly from the easterly line of Waltham Street; thence southerly
along a line distant two hundred feet easterly from and parallel to said
easterly Bite of Waltham Street to the northerly lot line of the property
now numbered eighty-two Waltham Street, thence westerly along said
northerly lot lane to the easterly line of Waltham Strut; thence westerly
in a straight lime to the intersection of the northerly lot line of the prop-
erty now numbered twenty-two Aluzzey Street with the easterly line
of !Vluz ey Street; thence westerly in a straight line across Muzzey
Street to the intersection of the westerly lame of l uney street with the
northerly line of Raymond Street; thence westerly along said northerly
line-of Raymond Street to the-easterly live of Clarke Street; thence
northerly along said easterly line of Clarke Street to a point distant
three hundred feet southerly from the southerly line of Massachusetts
532 Am, 1966. —CHAP. 579.
Avenue- thence northwesterly and then westerly along 9, line distaRt
three hundred feet southwesterly and southerly from and parallel to the
southwesterly and southerly line of Maszacbusetts Avenue to the
westerly line of Forest Street; thence northerly along said westerly
line of Forest Street to a point two hundred feet southerly from the
southerly line of Massachusetts ;Avenue; thence westerly along a Brie
distant two hundred feet southerly franc and parallel to the southerly
lime of Massachusetts Avenue to the southwesterly line of Parker Street;
thence southwesterly by a straight line:to the intersection of the westerly
line of Worthen Road with the southerly lane of Lincoln Street; thence
westerly and ten southwesterly along said southerly and the south-
easterly line of Lincoln Street to a point distant four hundred and fifty
feet westerly frorn the westerly line of Worthen Road; thence north-
westerly across Lincoln ,Street to the intersection of the northwesterly
line of Lincoln Street with the northeasterly line of Hastings Road;
thence northwesterly along said northeasterly line of Hastings Road to
the southeasterly line of Massachusetts Avenue; thence northwesterly
in a straight line across Massachusetts Avenue to the intersection of the
northwesterly line of Massachusetts Avenue with the northeasterly
line of castingsRoad; thence 'northwesterly along said northeasterly
lane of Hastings Road to a paint distant two hundred feet northwesterly
from said northwesterly line of Massachusetts Avenue; thence north-
easterly along a line distant two hundred feet northwesterly from and
parallel to the northwesterly line of 'Massachusetts Avenue to the
westerly line of Worthen Road; thence northerly and then north-
easterly along said southwesterly, westerly and the northwesterly lane
of Worthen Road to the southwesterly lane of Bedford Street; thence
northeasterly in a straight line across Bedford Street to the intersection
of the northeasterly line of Bedford. Street with the southeasterly line
of Camellia place; thence northeasterly along said southeasterly line
of Camellia Place to the southwesterly line of the railroad right of ways";
thence northeasterly in a straight line across said railroad right of way
to the point of beginning-
Haiwock-Clarke District: Beginning at the intersection of the northerly
lime of Hancock avenue with the easterly lane of the railroad right of
way; thence southerly and- then southeasterly along the easterly and
northeasterly line of the railroad right of way to a point in said north--
easterly line of the railroad right of way distant two hundred filet south-
easterly from the easterly line of Hancock Street; thence northerly along
a line distant two hundred feet,easterly from and parallel to said easterly
line of Hancock Street to the southerly lot line of the property now
numbered forty-five Hancock Street; thence westerly along said
southerly lot line to the easterly line of Hmeock Street; thence north-
westerly in a straight line across Hancock: Street to the intersection o
the -westerly line of Hancock Street with: the southerly lot lane of the
property now numbered forty-six Hancock Street; thence westerly
along said southerly lot line four hundred and twenty-none feet to a -
point; thence southwesterly in a straight line to a point in the easterly
Pane of the railroad right of way two hundred and forty-eight feet distant
northerly from the northerly line of Hancock Avenue; thence southerly
along said easterly Ime of the railroad right of way to the point of he;-
ginning.
Munroe Pavem.f ittrzct. Beginning at the intersection of the southerly
.cTs, 1966. —C$Ap. 579. 533
line of the railroad right of;way with the northwesterly line of Woburn
Street; thence southwesterly along said northwesterly line of Woburn
Street to the easterly line of Fletcher Avenue; thence southwesterly in
a straight line across Woburn Street and Massachusetts Avenue to the
intersection of the southerly lime of Massachusetts Avenue with the
westerly line of Winthrop Road; thence southerly and their south-
westerly along said westerly and the northwesterly line of Winthrop
Road to a point distant two hundred feet southerly from the southerly
lime of ll chsetts avenue?; thence rly arad then sou.tneas
terly
along aline distant two lntnndred fact sorntlrerly and south�Outherl
esterly from
d parallel tro the seaantherly and southwesterly line of �ssaclrrasetts
Arenuc to tine northwesterly line of Percy Road; thency by
a straight line across Fercy llrrad to a point in the southeasterly line of
Percy Bond distant two lruudr l feet south westerly from the intersec-
Lion of said southeasterly liar: of Mercy Road with, the westerly line of
Tavern Larne; thence southerly and then southeasterly along a line dis-
tant two hundred feet westerly and southwesterly from and parallel to
the westerly and southwesterly line of Tavern Lane and said south-
westerly line extended to the southeasterly line of Eliot Road; thence
easterly and then southeasterly along the southerly and southwesterly
line of Eliot Road to the southeasterly lime of Pelham Road; thence
northeasterly along said southeasterly line of Pelham Road to a point
distant two hundred feet southwesterly from the southwesterly line o
Massachusetts Avenue,- thence southeasterly along a line distant two
hundred feet southwesterly from and parallel to the southwestterly line
of Massachusetts Avenue to the northerly:lime of Marrett Road; thence
easterly along said northerly line of Afarrett Road to the southwesterly
line;of Massachusetts Avenue; thence northerly in a straight line across
Massachusetts Avenue to the intersection of the northeasterly lime of
Massachusetts Avenue with the norsthwesterly lot lime of the property
now numbered eleven hundred and fifty-five Massachusetts Avenue;
thence northeasterly along said northwesterly lot line to & paint two
hundred feet distant northeasterly from said northeasterly line of Massa-
chusetts Avenue; thence northwesterly along a line distant two hundred
feet northeasterly from and parallel to the northeasterly line of Massa-,
chrrsetts Aventine to the southeasterly lot line of the Muzzey Junior Iligh-
School Property; thence northeasterly along said southeasterly lot line
to the south-westerly lot line of the Munroe Cemetery property; thence
northwesterly along said southwesterly lot line to the intersection of said.
southwesterly lot line with the northwesterly lot line of the Munroe
Cemetery property; thence northeasterly along said, northwesterly lot
line to the southerly linen of the railroad right of waya -thence westexly
along said: southerly line of the railroad. right of way to the point of
beginning.
Feist Village is ' - Beginning at the intersection of the northeast-
erly line of Massie husetts Avenue with the northwesterly lot line of the
Property no nu here d eleven huzndreel and fifty-€vie Massachusetts
venue; thence nortlxea,,te>rly aloxog said rsoriwe ste rly lent line to a
poz`nt two hundred feet elistant ntad easterly from seed northeasterly
line of • husetts A�'errue;, ihexte�e southeasterly along a line trly
tent iwo hundred feet nortlosterly from and parallel to the Hearth-
easterly line_of Mass
eve n to paint d:istarrt two hundred
feet no wassterly froze the northwesterly lane of lMaple Street; thence
534. ACTS,, 1966. —.CHAP. 580,
rroatheas alcDng a line t twa huu r feet zao westerly from
and parade l said alortlrwresterly liaae of maple street to the south "
westerly Brie of e raillroad right of way; th ae seDrrt easterly along
said scDaathwa terly libe of the rai a^i 3rt of way t D a point distant_
two hundred feat southeasterly frorrp the south sterly line of Maple
street; tlienee south�ves rl r leDir line distant twa huti -feet..
arrtheasterly fr yrn rand_garaliel to said southeasterly hue,of aple�
atreet to a point t o hundred feet northerly £ ,the-north-=
easterly liras of TLlassacllrtsetf Avenue; thex rDnticeterly and_.theca
arortheasterly and terly along Niue distaargt.two hlnrdred feet north-t
easterly, nerrth tr terly aced northerly frorar the arlh terly,-por°th;
westerly an northerly line of l chusett~s Avenue W.-the westerly,
lot line of the property now numbered four hundred and twenty-one..
Massachusetts Avenue; thence southerly along said westerly lot.line_
anal said westerly lot line extended to s point distant two hundred feet
southerly from the southerly line of Massachusetts venue; thence
westerly and then southwesterly and northwesterly along an line district;
two hundred feet southerly, southeasterly and southwesterly froln ands
parallel to the southerly, southeasterly and southwesterly lane of-Massa--
chusetts Avenue to the northerly line of J arrett Road; thence eassterty�
along said northerly,trine of Marrett Road to the southwesterly line of
Massachusetts Avenue; thence northerly in a straight. line across,
Massachusetts Avenue to the point of beginning,
Wherever only part of any building or structure is-within an historic,
district according tb the boundary lines as heretofore defined in,thin
section, there shall be included within the historic district the entire:
land area occupied, or to be occupied, by all of said building or strue-%
tune go that the whole building or structure shall be considered to be
within the historic district for the;purposes of this act.
i;4:'"I'r+LN 2. In the case of any sib or billboard erected or displayed.,
on the effective date of this act within an historic distriet.established by
this act or within any territory added by this act to an existing historic
district there shall be aflowed a period of five years subsequent_to said-
effective date in which to obtain the certificate of appropriateness re-
q iired by paragraph (d) of section five of chapter four hundred and-'.
forty-,seven of the acts of nineteen hundred and sty--six..
TioN 3. The provisions of this act shall not be construed to pre=
Trent the erection, construction, reconstruction, restoration, alteration,,
or demolition of any exterior architectural feature,under a permit issued
by the building inspector prior to the effective date of this act within
an historic district established by this act or within any territory added
by this act to an Ming historic dirt eat.
A ppmved August 29, 1966.
Chap.SM. AN ACT AUTHORIZING THE FOUNDATION OF OUR LADY OF
HOLY CROSS, INCORPORATED, TO HOLD ADDITIONAL
REAL-
e it enacted, etc., as fn ows
The Foundation of Our.lady of Roly Crow, Incorporated, a corpora
tion organized under chapter one hundred-and eighty of the General
Laws,is hereby authorised to hold.real and personal estate to an amount,
ACTS, 1978 -- Chap 267,268 189
vwith, the proceedings authorized by this act shall, except in the
performance of his official duties or unless specifically directed
to do so by a court, disclose that a summons authorized by
section one has issued., the nature of the information sought by
means of such summons or any matter occurring at the examina-
tion of any witness whose presence has been compelled by such
summons. The examination of the witness shall be closed to the
public; no person shall be present except the attorney general,
such assistant attorneys general as are necessary or convenient
to the examination of the witness, the witness under examination,
the writness°s counsel, and such other persons as are necessary
or convenient to the examination of the witness. If a transcript
of the testimony given by any witness is prepared, it shall not
be delivered to any one other than the attorney general or an
assistant attorney general unless a justice of the superior court
otherwise directs; provided, however, that if criminal proceedings
are instituted against any person, the testimony which any wit-
ness in such proceedings has given shall be discoverable in the
same manner as the statements of any other witness.
SECTION 4. This act shall take effect upon its passage and
shall become inoperative on July first, nineteen hundred and
eighty.
SECTION 5. Nothing in this act shall be so construed as
limiting the powers of district attorneys in regard to legal actions
or proceedings arising from the administration and enforcement
of lawns relating to state taxation.
.Approved June 23, 1978
Chap. 267. AN ACT AUTHORIZING THE ISSUANCE OF AN
ADDITIONAL LICENSE TO SELL ALCOHOLIC
BEVERAGES NOT TO BE DRUNK ON THE
PREMISES IN THE TOWN OF NEWBURY.
e it enacted, etc., as follows:
SECTION 1. Notwithstanding the provisions of section seven-
teen of chapter one hundred and eight of the General Laws,
the town of Newbury is hereby authorized to issue one additional
license for the sale at retail of all alcoholic beverages under the
provisions of section fifteen of said chapter one hundred and
thirty-eight.
SECTION 2. This act shall take effect upon its passage.
Approved June 23, 1978
Chap. 268. AN PACT ENLARGING THE BATTLE GREEN HIS-
TORIC DISTRICT IN THE TOWN OF LE INGTON.
Be it enacted,etc.,_as fo4ows:
SECTION 1. Section 2 of chapter 447 of the acts of 1956, as
amended by section 1 of chapter 579 of the acts of 1866, is here-
fry further amended by striking out lines 5 through 74, and in-
serting in place thereof the following words:-
190 ACTS, 1978 -- Chap 268
Battle Green District: Beginning at the intersection of the
noitfier_ly s e n Hancock Avenue with the easterly line of the
railroad right of way; thence southerly and then southeasterly
along the easterly and northeasterly line of the railroad right of
gray to a paint in said northeasterly lime of the railroad right of
way distant two hundred feet; southeasterly from the easterly line
of Hancock. Street, thence northerly along a line distant two
hundred feet easterly from and parallel to said easterly line of
Hancock Street to the northeasterly lot lane of the property now
numbered S Meriam Street; thence southeasterly along said north-
easterly lot line to the northwesterly line of Meriam Street; thence
southeasterly in a straight lime across Meriam Street to the inter-
section of the southeasterly line of Meriataa Street with the south-
westerly line of Oaldand Street- thence southeasterly along said
southwesterly Base of Oakland Street to the westerly lot line of
the property now numbered eleven Oakland Street; thence south-
erly along said westerly lot line and said westerly lot line extend-
ed to a point on the northerly line of the railroad right, of way;
thence easterly along said northerly line of the railroad right of
way to the northwesterly line of Woburn Street; thence southwest-
erly along said northwesterly line of Woburn Street to the easterly
line of Fletcher Avenue; thence southwesterly in a straight line
across Woburn street and Massachusetts Avenue to the intersection
of the southerly line of Massachusetts Avenue with the westerly
line of Winthrop Road; thence southerly and then southwesterly
along said westerly and the northwesterly line of Winthrop Road
to a point distant two hundred fifty feet southerly from the south-
erly line of Massachusetts chusetts Avenue; thence westerly along a line
distant two hundred fifty feet southerly from and parallel to the
southerly line of Massachusetts Avenue to a point distant two hun-
dred feet easterly from the easterly line of Waltham Street; thence
southerly along a line distant two hundred feet easterly from and
parallel to said easterly line of Waltham Street to the northerly
lot line of the property now numbered eighty-two Waltham Street;
thence westerly along said northerly lot line to the easterly lime
of Waltham Street; thence westerly in a straight line to the inter-
section of the northerly; lot line of the property now numbered
twenty-two Muzzey Street with the easterly Brae of Muz ery Street;
thence westerly in a straight line across Muzzey Street to the
intersection of the westerly line of Muzzey Street with the north-
erly line of Raymond Streets thence westerly along said northerly
line of Raymond Street to the westerly line of Clarke Streets
thence southerly along said westerly lane of Clarke street to the
intersection of the northeasterly line of 'Forest Street; thence
northwesterly to the easterly lot line of the property now;
numbered. 43 Forest Street; thence northeasterly along said lot
line to the southerly lot line of the property; now numbered 9
Belfry Terrace; thence northeasterly along the easterly lot line
of 9 Belfry Terrace to the southerly lot line of the property now;
numbered 11 Belfry Terrace; thence northeasterly along the
easterly list line to the northerly list Brae of the property now
numbered 11 Belfry Terrace; thence northwesterly along the
northerly lot line of the property now numbered 11 Belfry
Terrace to the southerly lot linnet of the property now numbered
1906 Massachusetts .Avenue to a point three hundred feet southerly
ACTS, 1978 -- Chap Z69 191
from the southerly line of Massachusetts Avenue, thence north-
westerly and them westerly along a line distant three hundred
feet southwesterly and southerly from and parallel to the south-
westerly and southerly lime of Massachusetts Avenue to the west-
erly lane of Forest Street; thence northerly along said westerly
line of Forest Street to a point two hundred feet southerly from
the southerly line of Massachusetts Avenue; thence westerly along
a line distant two hundred feet southerly .from and parallel to
the southerly line of Massachusetts Avenue to the southwesterly
line of Parker Street; thence southwesterly by a straight line to
the intersection of the 'westerly line of Worthen Road with the
southerly line of Lincoln Street; thence westerly and then south-
westerly along said southerly and the southeasterly line of Lincoln
Street to a point distant four hundred and fifty feet westerly
from the westerly fine of Worthen Road,- thence northwesterly
across Lincoln. Street to the intersection of the northwesterly line
of Lincoln Street with the northeasterly line of Hastings Road;
thence northwesterly along said .northeasterly line of Hastings
Road to the southeasterly line of Massachusetts Avenue thence
northwesterly in a straight line across Massachusetts .Avenue to
the intersection of the northwesterly line of Massachusetts Avenue
with the northeasterly Brae of Hastings Road, thence northwester-
ly along said northeasterly line of Hastings Road to a point distant
two hundred feet northwesterly from said northwesterly line of
Massachusetts ,Avenue; thence :northeasterly along a line distant
two hundred feet northwesterly from and parallel to the
northwesterly line of Massachusetts Avenue to the westerly line
of Worthen Road; thence northerly and then northeasterly along
said southwesterly, westerly and the northwesterly line of
Worthen Road to the southwesterly lane of Bedford Street; thence
northeasterly in a straight line across Bedford Street to the inter-
section of the 'northeasterly line of Bedford Street with the south-
easterly line of Camellia Place; thence northeasterly along said
southeasterly lane of Camellia Place to the southwesterly line of
the railroad right of way; thence northeasterly in a straight line
across said railroad right of way to the point of beginning.
SECTION 2_ This act shall take effect upon its passage.
Approved June 23, 1978
Chap. 269. AN ACT EXTENDING THE TIME WITHIN WHICH
THE TOWN OF AMESBURY MAY BORROW MONEY
IN ANTICIPATION or FEDERAL GRANTS.
Be it enacted, etc., as fellows:
SECTION I. Notwithstanding any provisions of section three
of chapter seventy-four of the acts of nineteen hundred and
forty--five to the contrary, the treasurer of the town of Amesbury,
with the approval of the board of selectmen of said town, is Isere-
by authorized to renew federal aid anticipation notes of the town
in the amount of one hundred and forty-eight thousand dollars
payable in not more than one year from their dates, in order to
pay the federal aid anticipation notes of the town dated June
twenty-eighth, nineteen hundred and seventy-four in the amount
ACTS, 1982. - Chap. 375.
Thence running Southeasterly by said land now or formerly of
Boston & Maine Railroad along the arc of a curve to the left with
a radius of 2875.43 a distance of 230 feet more or less to a
point;
Thence South 851 44' West by land marked "Lot 3" on said
plan a distance of 416 feet more or less to a point;
Thence North 66* 16' West by said land a distance of 125 feet
more or less to a point on the easterly sideline of said Hancock
Street;
Thence Northerly along said sideline along the arc of a curve
to the right with a radius of 400.00 a distance of 71 feet more or
less to a point;
Thence North 13' 33' 53" East along said sideline a distance of
90 feet more or less to a point,
Thence North 21' 25' East along said sideline a distance of 59:
feet more or less to the point of beginning.
SECTION 2. This act shall take effect upon its Passage.
Approved August 16, 1982.
Chap. 375. AN ACT EXPANDING THE AREA OF THE EAST
VILLAGE HISTORIC DISTRICT IN THE TOWN OF
LEXINGTON.
Be it enacted, etc., as follows:
SECTION 1. The paragraph defining East Vil!ace District of
section 2 of chapter 447 of the acts of 1956, as appearing in
section I of chapter 579 of the acts of 1966, is hereby amended
by inserting after the first paragraph the following paragraph:-
The East Village Historic District shall also include an area
bounded and described as follows:
Beginning at a point on the easterly line of the 1966 East
Village Historic District boundary said point being
N 840-43'-07" E distant 17.5± feet from an iron pin as shown on
a plan tititled, "Plan of Land in Lexington, Mass., Scale I"=40',
January 75, 1981, Joseph W. Moore Co-," on file with the Town
engineer; thence N 840-43'-07" E distant 188± feet to a point;
thence N 85'-31'-53" E distant 18.00 feet to a point; thence
S 13c-56'-31" E distant 168.86 feet to a point; thence
S 740-50*-45" W distant 36.07 feet to a point; then
S 150-09'-15" E distant 40.93 feet to a: point, thence
S 66'-48'-45" W distant 171t feet to a point on the aforesaid East
Village Historic District boundary; thence by said line
1006
ACTS, 1982. - Chaps. 376, 377.
northwesterly 2721 feet to the point of beginning.
SECTION 2. This act shall take effect upon its passage.
Approved August 16, 1982.
Chap. 376. AN ACT MAKING CORRECTIVE CHANGES IN
THE LAW RELATIVE TO OPERATING A MOTOR
VEHICLE WHILE DRIVING UNDER THE INFLUENCE
OF INTOXICATING LIQUOR.
Be it enacted, etc., as follows.
SECTION 1. Subsection (a) of section 24G of chapter 90 of
the General Laws, as appearing in section 9 of chapter 373 of
the acts of 1982, is hereby amended by inserting after the word
"licensees", in line 3, the words.--, operates a motor vehicle.
SECTION 2. Said section 24G of said chapter 90, as so
appearing, is hereby further amended by striking out subsection
(b) and inserting in place thereof the following subsection:-
(b) Whoever, upon any way or in any place to which the
public: has a right of access or upon any way or in any place to
which members of the public have access as invitees or
licensees, operates a motor,vehicle while under the influence of
intoxicating liquor, or of marihuana, narcotic drugs, depressants
or stimulant substances, all as defined in section one of chapter
ninety-four C, or the vapors of glue, or whoever operates a
motor vehicle recklessly or negligently so that the lives or safety
of the public might be endangered and by any such operation
causes the death of another person, shall be guilty of homicide
by a motor vehicle and shall be punished by imprisonment in a
jail or house of correction for not less than thirty days nor more
than two and one-half years, or by a fine of not less than three
hundred nor more than three thousand dollars, or both.
Approved August 16, 1982.
EMERGENCY LETTER - August 17, 1982 0 9:26 A.M.
Chap. 377. AN ACT MAKING CHANGES IN THE PERSONAL
INCOME TAX.
Be it enacted, etc., as follows:
11*7
CHAYrER 426 OF T11E ACTS OF 2000 http://` w . s.govllegis aws/seslawOO/sIO00426.
Chapter 426 of the Acts of 2000
AN ACT PROVIDING FOR NONCRIMINAL ENFORCEMENT OF THE RULES AND
REGULATIONS N IST IC DISTRICTS COMMISSI THE TOWN OF
LEXINGTON.
Be it enacted by the Senate and House of Representanves in General Court assembled, ,mad by flee authaa ity a,f
the same, avfiollaws.-
SECTION 1. Section l l of chapter 447 of the acts of 1956 is hereby amended by adding the following paragraph:-
In addition to the foregoing„the town of Lexington may by by-law, not inconsistent with of chapter 0
ofthe General Laws,provide for the noncriminal disposition of violations of thisdeterminations,
act and the d tions,
rulings and regulations issued under this act-
SECTION 2. This act shall tale effect upon its passage.
Approved January 12, 200 1,
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