HomeMy WebLinkAbout1956-11-19-STM-min (See Warrant Book - Page 11.
SPECIAL TOWN MEETING HELD NOVEMBER 19, 1956
Meeting called to order by the Moderator, Charles E. Ferguson.
8:07 P. M.
Invocation given by Rev. George W. Casey.
There were 176 Town. Meeting Members present.
Town Clerk, James J. Carroll, reads warrant for the meeting
until motion made that further reading by waived. 8:08 P. M.
Constable' s Return read by the Town Clerk. 8:08 P. M.
Article 1. Appropriation Committee Report presented byWilliam C.
�. Madden, which wasb°
voted t
o� accepted- and placed on file.
Carried Unanimously 8:10 P. M.
All articles presented by Haskell W. Reed, Chairman, Board of
Selectmen, unless o-therwise noted.
Article 2. VOTED: That the Town hereby accepts from the Trustees
of Lexington Children's Museum a gift of the Museum' s
collection of birds, minerals and shells that are now in
the Lexington Schools and places the same under the care
and management of the School Committee.
Carried Unanimously 8:11 P. N.
Article 3. VOTED: That the Town hereby accepts with gratitude the
bequest to the Town of Twenty-five thousand dollars
($25,000.) that is contained in the will of Maud T.
Sherburne, late of Lexington, Middlesex County Probate
Court No. 336627, to be held in trust as a permanent fund
to be known as the "F. Foster Sherburne and Tenney Sher-
burne Fund', with the net income to be used for annual
awards to educate and assist in the education of deserving
young men and women in Lexington, all as provided in said
will.
Carried Unanimously 8:12 P. M.
Article 4. Presented by Mildred B. Marek, Chairman, School Committee.
VOTED: That the School Committee be and hereby is author-
ized, in connection with making the heretofore authorized
survey of the Junior High School program of study, fac-
ilities and building needs, to retain architectural ser-
vices and obtain preliminary plans and cost estimates for
possible remodeling of the present Junior High School
building; and that the sum of $2,000.00 be and hereby is
appropriated therefor
and be provided by transfer from the
Excess and Deficiency Account,
Carried 8:18 P. M.
Article 5. Presented by Wilbur M. Jaquith,
VOTED: That the Town hereby accepts Chapter 447 of the
Acts of the General Court of 1956 entitled "An Act Estab-
lishing an Historic Districts Commission for the Town of
Lexington and Defining its Powers and Duties, and Estab-
lishing Historic Districts in the Town of Lexington" .
Carried Unanimously 8:21 P. M.
Article 6. Presented by Donald D. Hathaway, Chairman, Planning Board.
VOWED: That the membership of the Planning Board, esta-
blished under Article 52 of the Warrant for the 1948
Annual Town Meeting, be and hereby is reduced from six
members to five members, effective at the annual election
of officers in 1959, except that it shall go into effect
prior thereto immediately upon the occurence of aro
vacancy in either of the two present terms that expire it
1959. f
Carried Unanimously 8:23 P. M.
Article 7. VOTED: To amend Section 3 of Article XXVI of the
General By-laws by striking out the same and inserting in
place thereof a new Section 3 to read as follows:
Section 3. Any vehicle on any way in the Town interfering
with the work of removing or plowing snow or
removing ice from the way, may be removed by
or under the direction of the Superintendent
of Public Works to a public garage or any con-
venient place. The Superintendent of Public
Works shall, within a reasonable time, notify
the Chief of Police of the removal of any such
vehicle and of the place to which it has been
removed, and the Chief of Police shall give
like notice to the registered owner of the
vehicle. The owner before being permitted to
remove the vehicle shall establish his right
so to do and pay to the Town or to the keeper
of the place of storage, the cost of removal,
not exceeding 515.00, and any storage charges
resulting therefrom, not exceeding 1.00 per day.
Carried Unanimously 8: 26 P. M.
Article 8. VOTED: To amend the General By-Laws by adding thereto a
new article to read as follows:
ARTICLE XXIX. Playground and Recreation Centers.
Section. There is hereby established a Recreation Comm-
l. ittee. It shall consist of five registered
voters of the Town. Members of the Committee
shall be appointed as follows:-One by the Board
of Selectmen, one by the School Committee, one
by the Planning Board, and two by the Moderator.
The first appointments shall be for the follow-
ing terms;--The member appointed by the Selectmen
shall serve for three years, the members appointed
by the School Committee and by the Planning Board
shall serve for two years, one of the members
appointed by the Moderator shall serve for one
year and the other member appointed by the Mod-
erator shall serve for three years. Upon the
expiration of the term of a member , his successor
shall be appointed by the same appointing auth-
ority for a term of three years. Terms shall
expire on April thirtieth, except that members
shall continue in office until their successors
have been duly appointed and qualified. Vac-
ancies shall be filled by the same appointing
authority for the balance of the unexpired terms.
Section 2. The Recreation Committee shall administer and
have the management of the public playgrounds
and recreation centers of the Town, except as
herein otherwise provided; shall have charge of
conducting and promoting thereon recreation,
play, sport and physical education and may
permit the use thereof by any department of the
Town or by any person, society or organization
for such other public, recreational, social or
educational purposes as the Committee may deem
proper; and, with the consent of the public
officer or board having control thereof or of
the owner, may conduct and promote such activities
Ion other public property or on private property.
In carrying out its functions, the Committee
within the limit of its appropriations, may
employ teachers, supervisors, and other personnel
and may purchase and maintain equipment, program
material and supplies .
Article 8. Section 3. The foregoing powers and duties of the Rec-
( Cont.) reation Committee shall apply to playgrounds
and gymnasiums on school property under the
control of the School Committee only to the
extent that the School Committee may authorize.
Section L. All other powers over playgrounds and recr-
eation centers that are conferred upon towns by
Section lb_ of Chapter 45 of the General Laws,
or any statute in amendment thereof or in
accition thereto, shall be exercised by the
Board of Selectmen. These powers shall in-
clude, without limitation, the acquisition,
construction, maintenance and development of
land, buildings and physical facilities.
Section 5. The Recreation Committee shall carry on con-
tinuous study and planning in reference to the
development, improvement, maintenance, and
equipment of playgrounds and recreation centers
in the Town and shall make recommendations
thereon from time to time to the Board of
Selectmen.
Carried Unanimously 8:30 P . M.
Article 9. VOTED: To appropriate the sum of $950.00 for the acquis-
ition by the Selectmen of equipment for the Police De-
partment for use in speed studies and control and to
provide for payment thereof by transfer from the Excess
and Deficiency Account.
Carried Unanimously 8:311 P . M.
Article 10. VOTED: That the Selectmen be and hereby are authorized
to retain engineering services and make a study of the
water distribution system of the Town for the purpose
of determining its condition and needs, and that the
sum of $4500.00 be appropriated therefor and be provided
by transfer from the Water Assessment Fund.
Carried Unanimously 8:38 P . M.
Article 11. VOTED: That the Selectmen be and hereby are authorized
to retain engineering services and prepare plans and
specifications for the construction of a water standpipe,
and to obtain bids and to enter into a contract or con-
tracts for such construction; and that the sum of
$165,000 .00 be and hereby is appropriated for such con-
struction and that payment be provided by transfer of
$15,000.00 from the Excess and Deficiency Account and
by the issue of bonds or notes of the Town for the bal-
ance of $150,000.00; and that the Treasurer, with the
approval of the Selectmen, be and he hereby is authorized
to borrow the sum of $150,000.00 and to issue bonds or
notes of the Town therefor, to be payable in accordance
with the provisions of Chapter 44 of the General Laws,
as amended, within a period not exceeding twenty years.
Carried Unanimously 8:) h P . M.
Article 12. VOTED: That the Selectmen be and hereby are authorized
to obtain bids and to enter into a contract or contracts
for the demolition of the concrete water standpipe, and
that the sum of $10,000.00 be appropriated therefor of
which $2, 000.00 is to be transferred from the Water _
Department Available Surplus, and the balance of I
I
$8,000.00 is to be transferred from the Excess and
Deficiency Account.
Carried Unanimously 8:h5 P . M.
Selectman, Haskell W. Reed, asks permission to act upon Articles
19, 20, 21 as a group .
No objections from Town Meeting Members. 8:46 P . M.
Article 19. MOTION: To establish as a town way and accept the
relocation and alteration of as a town way All-en Street
from Waltham Street southeasterly 1620 feet, more or
less, to a point on Allen Street which is 120 feet, more
or less, southwesterly of Clematis Road as relocated and
altered by the Selectmen and shown upon a plan on file
in the office of the Town Clerk dated October 1, 1956,
and to authorize the Selectmen to take by eminent domain,
purchase, or otherwise acquire, any fee, easement or
other interest in land necessary therefor; and to app-
ropriate for land acquisition and for construction the
sum of $L;3,000.00 and to raise said sum in the tax levy
in 1957 .
} Voice vote not being unanimous, standing vote taken as follows:
In Favor Tellers Opposed
28 Alan G. Adams L
40 Rufus McQuillan 59
17 Ernest A. Giroux 21
85 84
Declared not carried 8:59 P . M.
Article 20. VOTED: To establish as a town way and accept the lay-
out of as a town way Ivan Street from Eldred Street
northwesterly approximately 380 feet as laid out by the
Selectmen under the Betterment Act and shown upon a
plan on file in the office of the Town Clerk dated May
25, 1956, and to authorize the Selectmen to take by
eminent domain, purchase, or otherwise acquire, any fee,
easement or other interest in land necessary therefor;
and that the sum of $170,000.00 appropriated under
Articles L7 to 62 inclusive of the Warrant for the 1956
Annual Town Meeting for land acquisition and for con-
struction of the ways enumerated in said Articles be and
hereby is made also available for land acquisition and
for construction of said Ivan Street
Carried Unanimously 9 P. M.
Article 21. VOTED: To establish as a town way and accept the layout
of as a town way, a proposed street from Depot Square
northwesterly 152 feet, more or less, to Meriam Street
as laid out by the Selectmen and shown upon a plan on
file in the office of the Town Clerk dated September 28,
1956, and to authorize the Selectmen to take by eminent
domain, purchase, or otherwise acquire, any fee, easement
or other interest in land necessary therefor; and to
appropriate for land acquisition and for construction the
sum of $7,400.00 and to provide for payment by transfer
of $7,400.00 from the Excess and Deficiency Account.
Carried Unanimously 9:07 P . M.
Article 22. VOTED: That the Town grant emergency transportation to
elementary school children living less than one mile
from the school they are attending when, in the opinion
of the School Committee, traffic conditions make such
transportation necessary on an emergency basis for the
protection of the children.
9:10 P . M.
Mildred B. Marek, Chairman of the School Committee, moves for
indefinite postponement. 9:19 P. M.
General discussion by various speakers.
Indefinite postponement voted on and declared lost by voice vote .
9:30 P. M.
Discussion by various speakers.
Original motion as presented by Haskell W. Reed voted on and
declared carried. 9:L0 P. M.
Article 13. VOTED: That the sum of $25,840.00 be and hereby is
appropriated as a supplementary appropriation to be used =�
in conjunction with and in addition to the sum of $168, 800.00
already appropriated under Article 13 of the Warrant for
the 1956 Annual Town Meeting for land acquisition and for
installation of water mains not less than six inches but
less than sixteen inches in diameter, and that pa,ytuent be
provided by transfer of $5, 840.00 from the Excess and
Deficiency Account and by the issue of bonds or notes of
the Town for the balance of S20,000. ; and that the
Treasurer, with the approval of the Selectmen, be and he
hereby is authorized to borrow the sum of $20,000.00 and
issue bonds or notes of the Town therefor, to be payable
in accordance with the provisions of Chapter 44 of the
General Laws, as amended, within a period not exceeding
fifteen years.
Carried Unanimously 9:46 P . M.
Article 14. VOTED: That the sum of $135, 780.00 be and hereby is
appropriated as a supplementary appropriation to be used
in conjunction with and in addition to the sum of
$103,000.00 already appropriated under Article 14 of the
Warrant for the 1956 Annual Town Meeting for land
acquisition and for installation of sewer mains, and
that payment be provided by transfer of $30, 780.00 from
the Sewer Assessment Fund and by the issue of bonds or
notes of the Town for the balance of $105,000.00; and
that the Treasurer, with the approval of the Selectmen,
be and he hereby is authorized to borrow the sum of
5105,000.00 and issue bonds or notes of the Town therefor
to be payable in accordance with the provisions of Chap-
ter 44 of the General Laws, as amended, within a period
not exceeding twenty years.
Carried Unanimously 9:50 P. M.
Article 15. VOTED: That the Selectmen be and hereby are authorized
in the name and on behalf of the Town to convey to the
Josiah Willard Hayden Recreation Centre, Inc. , a
Massachusetts charitable corporation, all or any part of
two parcels of land hereinafter described that are
situated on the southerly side of Lincoln Street in Lex-
ington and shown on a plan entitled "Plan of Land in
Lexington - Mass. " , dated July 23, 1956, Albert A. Miller
and Wilbur C. Nylander, Civil Engineers and Surveyors,
recorded in Middlesex South District Registry of Deeds
as Plan No. 1275 of 1956 in Book 8780, Page 202, such
conveyance by the Town to be in consideration of the use
by said corporation of such land only for the recreation,
entertainment, physical training and instruction of the
youth of both sexes of the Town of Lexington in accord-
ance with the corporate purposes of the Josiah Willard
Hayden Recreation Centre, Inc . and the provisions of the
will of Josiah Willard Hayden, Middlesex Probate Court
docket No. 329908, and the agreement by said corporation
to build, operate and maintain on such land a building or
buildings or other facilities for said purposes. The
first parcel consists of a substantially triangular piece
of land shown on said plan as containing 1.2 acres, more
or less, and lying between Parcel 1 and Parcel 2 that
were conveyed to said grantee pursuant to the vote
adopted under Article 74 of the Warrant for the 1956
Annual Town Meeting by deed dated July 30, 1956 and
recorded in said Deeds in Book 8780, Page 202. The
second parcel consists of a narrow strip of land extend-
ing from said Parcel 2 to Lincoln Street. The instrument
of conveyance shall be in such form and shall contain
such terms and provisions as the Selectmen, by the
execution thereof, shall approve .
Carried Unanimously 9:55 P. M.
Donald T. Clarke, asks if it would be in order to ask for re-
consideration of Article 22. 9:58 P. M.
Moderator replied that it was in order being within the required
time . 9:58 P . M.
Article 16. Presented by Frederick M. Gay. 7'
VOTED: That the sum of $92,400.00 be and hereby is
appropriated as a supplementary appropriation to be
used in conjunction with and in addition to the sum of
$357,000.00 already appropriated under Article 36 of the
Warrant for the 1956 Annual Town Meeting for the con-
struction, original equipping and furnishing of an
addition to the Cary Memorial Library building, and
that payment be provided by the transfer of 82,400.00
from the Excess and Deficiency Account and by the issue
of bonds or notes of the Town for the balance of
$90,000.00; and that the Treasurer, with the approval of
the Selectmen, be and he hereby is authorized to borrow
the sum of $90,000.00 and issue bonds or notes of the
Town therefor, to be payable in accordance with the prov-
, isisons of Chapter l!)k of the General Laws, as amended,
within a period not exceeding twenty years, and that the
sum of $7,600.00 be and hereby is appropriated as a
supplementary appropriation to be used in conjunction
with and in addition to the sum of $35,000.00 already
appropriated under said Article 36 for alteration of the
present building and be provided by transfer from the
Excess and Deficiency Account.
General discussion by various speakers.
Voice vote taken which was doubted. Standing vote taken as follows:
In_Favor Tellers
2211°L11_
23 Alan G. Adams 9
79 Rufus McQuillan 18
28 Ernest A. Girmux 10
130 37
Declared carried. 10:30 P. M.
Roland B. Greeley presents report of Lexington School Sites
Committee as follows:
REPORT OF LEXINGTON SCHOOL SITES COMMITTEE, NOVEMBER 19, 1956
Pursuant to vote at the March Town Meeting this Committee is pro-
ceeding "to obtain options on land that it recommends be acquired
for" additional junior high and elementary schools.
This is a "Report of Progress" containing recommendations for one
Junior High School site and one Elementary School site. We accept
as a premise that the Town will need at least two junior high schools,
in addition to the present one. All estimates point toward an ul-
timate Junior High enrolment, assuming no relaxation of present
Zoning, of about 2500 pupils; it seems accepted that the optimum
size of a Junior High is 750 to 900 pupils. Hence there should be
3 schools, about a mile from the Center, in 3 different directions.
We also accept as a premise that all parts of the Town likely to
be developed for 2esidence should be within 3/4 mile ( or preferably
elementary
less) of an , school, if schools of from 6 to 18 rooms plus
kindergartens can be satisfactorily located to achieve this object-
ive. :nticipated increases in new development, and in elementary school
enrolment, clearly indicate a need for at least 3 or 4 new elementary
schools within the next decade or two, on this basis. Hence the
Committee expects to report to the March Town Meeting recoupmendations
for several sites in addition to the two recommended for action at
this Meeting.
e believe the two sites recommended at this time represent the
most pressing demands; that schools on these sites will be urgently
needed to serve enrolments which will certainly be reached within 2
to 5 years. Nevertheless we should mention that we are recommending
acquisition of sites, which we are sure will be needed in the fore-
seeable future; we are not recommending construction of schools as
of Pry specific date.
0 REPORT OF SCHOOL SITES COMMITTEE ( CONT. )
The proposed Junior High School site is in the area north of
Coolidge Avenue, between Adams and Hancock Streets, with connections CD
to at least two of these public streets . The proposed Elementary School
site is in the north corner of the Town, between Grove Street and
Robinson Road, beyond Route #128. We recommend that action be
taken at this Meeting to acquire both of these sites.
Respectfully submitted,
School Sites Committee
Ruth Morey
Charles T. Abbott
Richard R. Harding
Gordon E. Steele
Roland B. Greeley, Chairman
10:33 P. M.
Article 17. VOTED: That the Selectmen be and hereby are authorized
on behalf of the Town to purchase, take by eminent domain,
or otherwise acquire, for school and playground purposes
or for access thereto, the fee, any easement or other
interest in any part or parts or all of the following
parcels of land situated in Lexington:
1. A parcel or parcels situated on and easterly of
Hancock Street believed to be owned by Leslie A. Bull
and being part of, adjacent or near to land numbered
83 Hancock Street and including the land shown as Lot
2 on plan by Osgood & Snell of land belonging to George
H. Ames dated September 1897 and recorded in Middlesex
South District Registry of Deeds in Plan Book 106,
Plan 37.
2. A parcel or parcels situated on and northwesterly
of Adams Street believed to be owned by John D. Chiesa, Jr.
and being part of, adjacent to or near to land numbered
44 Adams Street, said parcels including the land shown
as lot B on plan entitled "Plan of Land. in Lexington-
Mass.", dated May 22, 1954, Albert A. Miller, Wilbur
C. Nylander, Civil Ehgineers and Surveyors, which is
recorded in said Deeds as Plan No. 873 of 1954 in Book
8266, Page 416, and the land represented by Land Court
Certificate of Title No. 69442, recorded in Middlesex
South Land Registry District, Book 463, Page 389.
3. A parcel or parcels situated on and northwesterly of
Adams Street believed to be owned by Hugh D. Redick and
Eleanor F. Redick and including the land shown as parcel
"Du on plan entitled "Land in Lexington - Mass . ", dated
September 17, 1942, Everett M. Brooks, Civil Engineer,
recorded in said Deeds as Plan No. 584 of 1942 in Book
6637, Page 146.
4. A parcel situated on and easterly of Hancock Street
believed to be owned by Mabel T. Gragg and including the
land represented by Land Court Certificate of Title
No. 36319, registered in said South Land Registry District,
Book 243, Page 401.
5. A parcel or parcels situated on and northwesterly
of Adams Street and on and easterly of Burlington Street
believed to be owned by Chester Lidberg and Adella Lid-
berg or their successors in title and including the land
described in two deeds to Chester Lidberg and Adella
Lidberg, recorded respectively in said Deeds, Book 7949,
Page 116 and Book 7949, Page 118.
6. A parcel or parcels constituting that part of
Diehl Road that is situated northerly of Coolidge Avenue
as shown on plan entitled "Hancock Birches House Lots at
Lexington, Mass. Belonging to Harold D. Diehl" , dated
August 1925, F. P. Cutter, Civil Engineer, recorded in
said Deeds, Plan Book 374, Plan 37;
Article 17. 7. A parcel or parcels situated on and easterly of
( Cont. ) Adams Street, believed to be owned by John H. Millican
end including the land described in a deed to John H.
Millican, recorded in said Deeds, Book 8708, Page 35.
8. Any land abutting on any one or more of the parcels
hereinabove described; and that the sum of 865,000.00
be appropriated therefor and be provided by transfer
from the Excess and Deficiency Account.
10:40 P. M.
Amendment presented by William C. Madden, Chairman of the App-
ropriation Committee as follows:
"I move to amend the motion by striking out the figure $65,000.00
and by inserting in place thereof the figure 45,000.00. "
10:44 P. M.
Amendment voted on and declared lost. 10:48 P. M.
Original motion as presented by Roland B. Greeley voted on and
carried unanimously. 10:49 P. M.
Article 18. Presented by Roland B. Greeley.
VOTED: That the Selectmen be and hereby are authorized
on behalf of the Town to purchase, take by eminent domain,
or otherwise acquire, for school and playground purposes
or for access thereto, the fee, any easement or other
interest in any part or parts or all of the following
parcels of land situated in Lexington:
1. Two parcels of land situated on and easterly of
Grove Street, believed to be owned by Lillian M.
Smith, shown on plan entitled "Plan of Land in
Lexington Mass. " dated November 21, 1947, Albert
A. Miller, Wilbur C. Nylander, Civil Engineers
and Surveyors, which is recorded in Middlesex
South District Registry of Deeds as Plan No. 1778
of 1947 in Book 7221, Page 388, and consisting of
Lot B, having an area of about 7.45 acres, as
shown on said plan; and of a strip of land, having
a uniform width of about 60 feet, running from
Grove Street to said Lot B along the southerly
boundary 'of Lot A as shown on the aforesaid plan;
and
2. Any parcel or parcels of land adjacent to. said
Lots A and B; and that the si of 815, 000.00 be approp-
riated therefor and be provided by transfer from the
Excess and Deficiency Account.
Carried Unanimously 10:53 P. M.
Mildred B. Marek states if the special funds furnished by the
Federal Government were not used for emergencies, the School Comm.
ittee planned to turn over the amount to the Town Treasury.
Article 23. Presented by Donald D. Hathaway.
VOTED: To amend the Zoning By-Law so as to change
certain land from an R1 District to a C2 District by
adding at the end of paragraph 4 in Section 4 ( d) 02 -
General business districts, the following: - Said district
shall also include adjoining land bounded as follows:
northwesterly by a part of the land described in the
preceding sentence, fifty-one and L6/100 (51.46) feet;
northeasterly by railroad property, twenty-four and
25/100 ( 24.25) feet; southeasterly by railroad property,
fifty and 90/100 (50.90) feet; and southwesterly by
Depot Square . thirty-two and 05/100 ( 32.05) feet.
10:55 P. M.
10
Article 23. Donald D. Hathaway reads the following report::
REPORT OF THE PLANNING BOARD ON THE AMENDMENT TO Tri
ZONING BY-LAW PROPOSED BY ARTICLE 23.
The amendment to the Zoning By-law set forth under.
Article 23 proposes to change the zoning of certain
property located in northerly corner of Depot Square
from an R-1, one-family .dwelling district to a C=2,
general business district. The Planning Board, on
November 8, 1956 at 8:15 p.m. in Estabrook Hall, held a
public hearing on this proposal. Six persons attended
the hearing which had been duly advertised according to
the Lexington Zoning By-law. Of those present at the
hearing three wished to be recorded as for the petition,
none against.
Since 1924, when the zoning by-law was adopted by this
Town, railroad property has been zoned as part of the
R-1 district, railroad stations now being permitted uses
in said district. Last year a small parcel of land, app-
roximately 1438 sq. ft. , adjacent to the Lexington rail-
road station, was sold by the Boston and Maine Railroad
to a private individual who proposes to use part of the
land for business purposes. The Planning Board, recognizes
that this parcel of land is too small for residential
development and believes that zoning it as part of the
general business district would be its most logical use.
The Board recommends, therefore, that the Zoning By-law
be amended as set forth in Article 23 of the Warrant.
LEXINGTON PLANNING BOARD
Donald D. Hathaway Wilbur M. Jaquith
Alan G. Adams . Thos . S. Grindle
Charles T. Abbott
10:56 P. M.
Carried Unanimously 10:57 P. M.
Article 24. Presented byDonald D. Hathaway.
.y
VOTED: To amend the Zoning By-Law so as to provide for
an additional type of zoning district to be designated
C3 Special Commercial Districts and to prescribe the
permitted buildings and uses in said C3 Districts :
A. By adding under Section 3 Districts Defined the
following new paragraph:
(h) C3 - Special commercial districts .
B. By striking out the word "or" between the words
"Ml" and "Al" in paragraph (a) of Section 1 ,
Geographical Description of Districts, and by
substituting therefor a comma and by inserting
between the words "Al" and "district" of said
paragraph the words,: - or C3 -.
fr
C. By adding under Section 5 Permitted Buildings and
Uses the following new paragraph:
(h) C3 Districts . All buildings and uses that are
permitted in R1 and R2 districts but subject to
any conditions and restrictions set forth therein,
and the following:
1. Laboratories engaged in research, experimental
and testing activities, including, but not limited
to , the field of biology, chemistry, electronics,
engineering,. geology, medicine, and physics , but
subject to the following conditions : any labor-
atory, the conduct of which may be disturbing or
detrimental to the health, safety or welfare of
persons working in or living near the proposed
location of such laboratory, including special
danger of fire or explosion, pollution of water-
ways, corrosive, toxic or noisome fumes , gas ,
Article 24. C. 1. (Cont. ) 1
(Cont. ) smoke, soot, obnoxious dust, disagreeable odors
and offensive noise or vibrations, is expressly
prohibited; p.rmitted laboratories may manufacture,
process or store goods and materials to the
extent such manufacturing, processing or storage
is a part of and relates solely to such research,
experimental and testing activities , but all other
manufacturing, processing or storage of goods and
materials is expressly prohibited; and the build-
ings thereof shall connect with a sanitary sewer.
2. Business offices engaged in administrative and
clerical activities and having facilities for
employing concurrently a minimum of 100 individuals
but subject to the condition that the buildings
thereof shall connect with a sanitary sewer.
3. No dwelling shall be erected in a C3 district
except with permission from the Board of Appeals.
11:05 P. M.
Donald D. Hathaway reads the following report :
REPORT OF THE PLANNING BOARD ON THE AMENDMENT TO THE
ZONING BY-LAW PROPOSED BY ARTICLES 2)., 25, 26 and 27.
On November 8, 1956 at 8:15 p.m. the Planning Board held
a public hearing on- several proposals to amend the Lex-
ington Zoning By-law. These proposals are incorporated
in Article 2 . through 27 as printed in the Warrant.
Approximately twenty persons attended the hearing which
had been duly advertised according to said by-law.
The Board has been making a comprehensive study of
industrial and commercial development but is only pres-
enting at this time the proposals set forth in the
Warrant because of the imminence of the proposed road
connecting Wood and Bedford Streets. The construction
of such a road could change the complexion of the ad-
jacent land very rapidly because, under the present
zoning by-law, the only limitations which could be
placed on proposed site developments have to do with
height regulations. It is the belief of the Planning
Board that this restriction is not enough to protect the
best interests of the town or of prospective developers
who would have to purchase large tracts of land to protect
themselves . The Board further believes that in previous
town meetings which hicve discussed the present M-1 zoning
regulations there has been some indication that the town
felt that these were inadequate.
Article 2L. is the Board' s recommendation to create a
special commercial district in the hope of encouraging
laboratory and administrative office development. Each
building would be required to connect to a sanitary
sewer, a requirement which is considered by the Planning
Board to be absolutely essential.
Article 25 is the Board's recommendation to improve the
present standards within the existing M-1 district by
eliminating from said district buildings and uses permitted
in C-1 and C-2 districts and bulk fuel and lubricant tanks .
Article 26 recommends the adoption of the same height reg-
ulations for special commercial districts as now apply
to general business and light manufacturing districts.
Article 27 incorporates the Board's recommendations to
create standards which it believes will tend to foster the
development of an extremely attractive, well-designed lay -
out of the industrial park type. Included in these stand -
ards are minimum frontage, area , yard, off-street parking
and loading regulations where none exist now.
1.2
Article 214.. PLANNING BOARD REPORT (CONT. ) Crl
(Cont. )
The Board recommends that the Zoning By-law be amended
as set forth in. Articles 24, 25, 26 and 27 of the
Warrant.
LEXINGTON PLANNING BOARD
Donald D. Hathaway Wilbur M. Jaquith
Alan G. Adams Thos. S. Grindle
Charles T. Abbott
11:07 P. M.
General discussion.
Robert L. Lyon moves for indefinite postponement .
11:19 P. M.
Indefinite postponement voted on and declared lost
by voice vote . 11:20 P. M.
Decision of voice vote questioned. Standing vote
taken as follows :
In Favor Tellers Opposed
6 Alan G. Adams 23
23 Robert L. Lyon 53
18 Ernest A. Giroux 11
90
Postponement Lost. 11:22 P. M.
Original motion as presented voted on by standing
vote as follows :
In Favor Tellers Opposed
28 Alan G. Adams 2
52 Robert L. Lyon 27
19 Ernest A. Giroux 13
99 42
Carried 11:25 P. M.
Article 25. Presented by Donald D. Hathaway.
VOTED: To amend the Zoning By-Law so as to change the
permitted buildings and uses. in M1 - Light Manufacturing
Districts by striking out all of paragraph (f) in Section
5 Permitted Buildings and 'Uses and by substituting in
place thereof the following:
(f) M1 Districts. All buildings and uses that are
permitted in R1, R2 and C3 districts but subject to
any conditions and restrictions set forth therein,
and the following:
1. Light manufacturing, employing only electric or
other substantially noiseless and inoffensive motive
power, utilizing hand labor or quiet machinery and
processes, free from neighborhood disturbing odors or
agencies, but subject to the following conditions :
any light manufacturing business, the conduct of which
may be disturbing or detrimental to the health, safety
or welfare of persons working in or living near the
proposed location of such manufacturing, including
special danger of fire or explosion, pollution of
waterways, corrosive, toxic or noisome fumes, gas,
smoke, soot, obnoxious dust, disagreeable odors and
offensive noise or vibrations, is expressly prohibited;
and the buildings thereof shall connect with a sani-
tary sewer.
Article 25. 2. No dwelling shall be erected in an Ml district 13
(Cont. ) except with permission from the Board of Appeals.
General discussion.
Burton B. Stuart moves for indefinite postponement.
11:27 P. M.
Indefinite postponement declared lost by voice vote.
11:40 P. M.
Lincoln_ P. Cole moves that meeting be adjourned until
Monday, November 26, 1956 at 8 P. M.
Motion to adjourn lost by voice vote.- 11: .2 P. M.
Original motion as presented voted on by standing
vote as follows :
In Favor Tellers Opposed
25 Alan G. Adams 1
50 Robert L. Lyon 27
24 Ernest A. Giroux 7
99 35
Carried 11:17 P. M.
Robert L. Lyon moves that meeting be adjourned until Monday,
November 26, 1956 at 8 P. M.
Declared lost by voice vote. 11:48 P. M.
Article 26. Presented by Donald D. Hathaway.
VOTED: To amend paragraph (b) of Section 7 Height Reg-
ulations of the Zoning By-Law by inserting after the
words "C2" the following: -, C3 -, so that said paragraph
(b) will read as follows :
(b) In C2, C3 and Ml districts the maximum height of
I buildings shall be fifty-five feet.
Carried Unanimously 11:50 P. M.
Article 27. MOTION: To amend Section 8 of the Zoning By-Law as
follows :
A. By striking out the title "Area, Frontage and Yard
Regulations" \ and substituting in place thereof the
title - Area , Frontage, Yard, Off-Street Parking and
Loading Regulations.
B. By striking out all of paragraph (e) and substituting
in place thereof the following:
(e) Ml and C3 Districts
1. In Ml and C3 districts there shall be provided :
a. For each permitted principal building, other
than those permitted in R1 or R2 districts,
a lot containing an area of not less than
five acres and a frontage of not less than
100 feet upon the frontage street.
b. For each such building and accessory building:
(1) A front yard of not less than 70 feet in
depth on each street upon which the lot
abuts .
(2) A side yard on each side of not less than
50 feet in width.
(3) A rear yard of not less than 50 feet in
depth.
Article 27. B. b. Provided however that, if a boundary of the lot Cri
(Cont. ) abuts on land in a district other than an Ml or
C3 district the side or rear yard requirement for
the yard, having as its exterior line the boundary
of the lot which abuts the land in the other dis-
trict, -shall be not less than 80 feet in width or
depth as the case may be.
c. For each such principal building, an open area on
the lot, not occupied by any building, of not less
than 75 per centum of the area of the lot, which
may be used for parking area if otherwise lawful.
d. . For each such prinicpal building, a parking area
on the lot for automobiles or other vehicles con-
taining not less than three parking spaces for each
four persons employed concurrently on the premises
unless a smaller parking area shall be approved in
writing by the Planning Board which, in granting
such approval, may prescribe other conditions and
restrictions in the interest of the Town in carrying
out the purposes of this By-Law. No parking area
shall be located within 70 feet of the exterior
line of any street on which the lot abuts, except
that there may be provided on the lot one parking
area within such distance of a street which shall
accommodate not more than 25 cars and shall be
used exclusively for visitors and shall not be
considered part of the parking area required as
hereinabove provided. No parking area shall be
located within 10 feet of any boundary line of the
lot.
e. For each such principal building, but not including
office buildings, minimum loading berths on the
lot as follows : for buildings containing less than
30,000 square feet of floor area, one loading
berth; for buildings containing from 30,000 to.
100,000 square feet of floor area, two loading
berths, plus one additional loading berth for each
additional 70. 000 square feet of floor area or
fraction thereof up to 450,000 square feet; for
buildings containing over 150,000nsquare feet of
floor area , seven loading berths, plus one addit-
ional berth for each additional 90,000 square feet
of floor area or fraction thereof. Each such berth
shall be at least 12 feet in width and 45 feet in
length and shall have a vertical clearance of not
less than 14 feet. No loading berth shall be
1pcated in any front yard. As used herein the
term "loading berth" shall mean a space immediately
adjacent to a loading platform and designed to be
occupied by a truck or other vehicle while loading
or unloading.
f. Parking areas and loading berths shall be provided
with adequate driveways, not more than 25 feet in
width, providing access to a street. The entrance
of all driveways to a street and the specifications
for construction of all parking areas, loading
berths and driveways shall be subject to approval
in writing by the Planning Board. In determining
the area required for parking; loading and driveway
space, the area allocated to any one of such spaces .I
shall not, while so allocated, be used to satisfy
the requirements for any other space.
g. For each principal building permitted in RI or R2
districts, the same lot area and frontage, and for
each such building and accessory building the same
front, side and rear yards as would be required if
the lot were situated in an R1 or R 2 district.
11:55 P. M.
Article 27. General discussion. 15
(Cont. )
Voice vote taken which was declared lost. 12:16 P.M.
Voice vote questioned. Standing vote taken as follows :
In Favor Tellers Opposed
17 Alan G. Adams 12
29 Robert L. Lyon 51
11 Ernest A. Giroux 18
57 81
Motion not adopted. 12:20 P. M.
Haskell W. Reed, Chairman, Board of Selectmen, moves, all articles
being dispensed with, meeting be dissolved. 12:21 P. M.
/1111 •10""`
/Tiown Clerk