HomeMy WebLinkAbout1958-05-12-STM-min (See Warrant Book)
SPECIAL TOWN MEETING HELD MAY 12, 1958 t
Meeting called to order by the Moderator, Charles E. Ferguson.
8:05 P. M.
There were 189 Town Meeting Members present.
Invocation offered by Rev. Robert H. Bartlett. 8:06 P. M.
Town Clerk, James J. Carroll, read the warrant for the meeting
until further reading was waived, and read the Constable's Return
for the meeting. 8:06 P. M.
Article 1. Norman J. Richards, Chairman of the Appropriation
Committee, presents report of the committee which
was voted to be accepted and placed on file.
Carried Unanimously 8:06 P. M.
Austin W. Fisher, Jr. , Chairman of the Standing School
Building Committee, presents Supplementary Report of
the Committee which was voted to be accepted and placed
on file. 8:07 P. M.
Article 2. William E. Maloney, Chairman of the Board of Selectmen,
moves for indefinite postponement.
Carried Unanimously 8:07 P. M.
Article 3. Presented by Thomas S. Grindle, Chairman of the Planning
Board.
VOTED: That the Selectmen be and hereby are authorized
on behalf of the Town to purchase, take by eminent domain
or otherwise acquire for sewer, water, drain, street,
school, playground and recreational purposes and other
public purposes, a parcel of land with the building there-
on situated on the northerly side of Massachusetts Avenue
in Lexington, containing 68,700 square feet, more or
less, believed to be owned by Andrew E. Millyan and
Margaret K. Millyan and represented by Land Court certi-
ficate of title 88230, registered in Middlesex South
Land Registry District, Registration Book 571, Page 80,
an option to acquire such land havig been obtained from
said owners by the Planning Board, and to appropriate
for such land acquisition the sum of $28,900.00 and to
provide for payment thereof by transfer from the Excess
and Deficiency Account.
Carried Unanimously 8:25 P. M.
Article 4. Presented by Thomas S. Grindle.
VOTED: That the Selectmen be and hereby are authorized
on behalf of the Town to purchase, take by eminent domain
or otherwise acquire for sewer, water, drain, street,
school, playground and recreational purposes and other
public purposes, a parcel of land situated on the south-
westerly side of Middleby Road in Lexington, believed to
be owned by Diomede Famosi, Trustee of Middleby Realty
Trust and to contain twenty eight and one-half acres more
or less, an option to acquire such land having been ob-
tained from said owner by the Planning Board, and to
appropriate for such land acquisition the sum of S21,000.00
and to provide for payment thereof by transfer from the
Excess and Deficiency Account.
Voice vote not unanimous, standing vote taken as follows::
In Favor Tellers Opposed
34 Donald K. Irwin 3
91 Ernest A. Giroux 9
21 Lincoln P. Cole, Jr. 13
1)x.6 25
Carried 8:38 P. M.
Article 5. Presented by William. E. Maloney.
VOTED: That the Selectmen be and hereby are authorized
to obtain on loan six additional voting machines and to
appropriate the sum of $460.00 to defray transportation
and insurance expenses on such machines and to provide
for payment thereof by transfer from the Excess and
Deficiency Account.
Carried 8:41 P. M.
Article 6. Presented by William E. Maloney.
MOTION: To establish as a town way, and accept the layout
of as a town way, Asbury Street from Paul Revere Road a
distance of 560 feet, more or less, northerly to, Balfour
Street 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 April 7, 1958 and to authorize the Sel-
ectmen
Sel
ectmen to take by eminent domain, purchase or otherwise
acquire any fee, easement or other interest in the land
necessary therefor, and to provide for payment thereof
by transfer from the Excess and Deficiency Account the
sum of $12,000.00.
8:J11i P. M.
Rev. Harold T. Handley questions Appropriation Committee -
if not in favor, why not offer an amendment. 8:45 P. M.
Norman J. Richards, Chairman of the Appropriation Commi-
ttee,. presents the following amendment:
VOTED: To establish as a town way, and accept the layout
of as a town way, Asbury Street from Paul Revere Road a
distance of 560 feet, more or less, northerly to Balfour
Street 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 April 7, 1958 and to authorize the Sel-
ectmen to take by eminent domain, purchase or otherwise
acquire any fee, easement or other interest in the land
necessary therefor, and to raise and appropriate for land
acquisition and for construction of the street the sum of
$12,000.00.
Amendment adopted 8:47. P. M.
Main motion as amended voted on and carried unanimously.
8:47 P. M.
Article 7. Presented by Austin W. Fisher, Jr.
VOTED: That the Standing School Building Committee,
appointed under authority of the vote adopted under Art-
icle 37 of the warrant for the 1957 Annual Town Meeting, .
be and hereby is authorized on behalf of the Town to enter
into a contract or contracts for the construction of a
new junior high school building on land situated easterly
of Burlington Street and northwesterly of Adams Street
that was acquired for school and playground purposes in
1957, and to prepare plans and specifications, obtain
bids and enter into a contract or contracts for the
original equipping and furnishing of the same, and to
supervise the work; and that the sum of S2,080,000.00
be appropriated therefor and that payment be provided
by raising $30,000.00 in the current tax levy, and by the
issue of bonds or notes of the Town for the balance of
$2,050,000.00; and that the Treasurer, with the approval
of the Selectmen, be and he hereby is authorized to borrow
the sum of $2,050,000.00 under the authority of Chapter
645 of the Acts of 1948, as amended, 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.
Vincent A. McCrossen started to offer a motion which was
declared by the Moderator to be out of order. 8:58 P. M.
92
Article 7. David F. Toomey moves for indefinite postponement which '=-7 .
(Cont. ) was declared lost by voice vote. 8:59 P. M.
on main motion
Voice vot/not unanimous ,, standing vote taken as follows:
In Favor Tellers Opposed
38 Donald K. Irwin 2
108 Ernest A. Giroux 0
36 Lincoln P. Cole, Jr. 1
182 3
Carried 9:04 P. M.
Article 8. Presented by Donald K. Irwin.
VOTED: To amend the Building By-Law of the Town by striking
out "Signs",Article XIX that is entitled Signs as amended, and
to adopt a new Sign By-Law as recommended by the Building
and Plumbing By-Laws Study Committee, a copy of which
entitled "Proposed Sign By-Law" and dated April, 1958,
is on file in the office of the Town Clerk.
Standing vote taken as follows:
In Favor Tellers - Opposed
32 Irving H. Mabee 4
97 Ernest A. Giroux 12
32 Lincoln P. Cole, Jr. 2
161 18
Carried 9:09 P. M.
Question by David F. Toomey on proceedure of Town Meetings
declared out of order by the Moderator. 9:10 P. M.
Article 1. Presented by Donald K. Irwin.
The acceptance by this Town Meeting of the proposed
Sign By-law, as recommended by the Building and Plumbing
By-law Study Committee, completes the work of the
Committee. The Building and Plumbing Sections having
been approved by the former Town Meeting.
Respectfully submitted,
C. Harry Erickson
Robert W. Custance
Vernon C. Page
Earl Outhet
Richard S. Morehouse
Ernest A. Lindstrom (deceased)
Donald K. Irwin, Chairman
which was voted to be accepted, placed on file and the
committee discharged.
Carried Unanimously 9:11 P. M.
Article 9. Presented by Richard A. Soule.
Mr. Soule asks for consent of the meeting to waive the further
reading of the article. There were no objections. 9:12 P.M.
MOTION: To amend the Zoning By-Law to provide for an
additional type of zoning district to be designated C 4--
Regional Shopping Center Districts, as follows:
1. By adding in Section 3 Districts Defined the following
new paragraph:
(z ) C 4-Regional shopping center districts.
2. By striking out the word "or" between the words "Al"
and "C3" in paragraph (a) of Section 4 Geographical
Descriptions of Districts and by substituting therefor
a comma and by inserting between the words 'rC3" and
"district" of said paragraph the words: - or C 4.
Article 9. 3. By changing certain land from an R 1 District to a
( Cont. ) C 4 District by adding in Section 4 Geographical
Descriptions of Districts the following new para-
graphs:
(i) C 4-Regional shopping center districts.
1. A district situated northeasterly of the Cambridge-
Concord Highway (Route 2) and easterly of the Northern
Circumferential Highway (Route 128) and bounded and
described as follows:
Southeasterly by Spring Street,
Southwesterly by the Cambridge-Concord Highway (Route
2) and the Route 2-Route 128 Interchange, so-called,
Westerly by the Northern Circumferential Highway
(Route 128) ,
Northerly by land now or formerly of the Josiah Willard
Hayden Recreation Centre, Inc. , "
Northeasterly by lots 232 to 251, both inclusive, on
Land Court Plan 6962D,
Northwesterly by lot 252 on said plan, and
Northeasterly again by land now or formerly of
Swenson by a line parallel with and distant 200 feet
southwesterly from the southwesterly line of Shade
Street.
4. By adding under Section 5 Permitted Buildings and Uses
the following new paragraph:
(i) C4 Districts.
1. A regional Shopping Center, as hereinafter
defined, is permitted with the following build-
ings and uses:
a. Retail stores.
b. The following personal service facilities:
barber or beuty shop, physical conditioning
and reducing salon, photographic studio,
travel agency, shoe and hat repair shop,
laundry and cleansing pick-up station,
dressmaker, milliner or tailor shop, and
household appliance or equipment repair or
instruction shop.
c. Restaurants and other places for serving
food, with the exception of diners and lunch
carts so-called which are hereby expressly
prohibited.
d. Retail gasoline, oil and greasing stations
and places of business for the sale and in-
stallation of tires and other automobile
accessories, but excluding garages for
storage or repair of motor vehicles, and
salesrooms, showrooms or any area or facil-
ities for the sale of motor vehicles.
e. Banks and postal substations.
f. The following additional buildings and uses
are permitted subject to permission from the
Board of Appeals:
(1) Theaters and other enclosed places of
amusement.
(2) Personal service facilities found by the
Board to be similar to those set forth in
subparagraph b. above.
2. For the purpose of this by-law a "Regional
Shopping Center" is defined to be a group of
stores and buildings and a land area of not less
than fifty (50) acres (1) planned to serve a
I _ !
regional population and n p of _ merelpopul-
ation ation of the Town of Lexington, y the ped
(2) planned,
designed and developed as a unit, in one or more
stages, and (3) operated and managed, after
construction, as a unit.
3. All merchandise and all sale and display facil-
ities and activities shall be entirely within
fully enclosed buildings, except the sale of gas-
oline and oil at stations permitted under sub-
paragraph d, of paragraph 1. above, and except
as shall be expressly permitted by the Board of
Appeals.
rya
CZ
Article 9. 5. By inserting after the word "C3" in paragraph (b) of
( Cont.) Section 7 Height Regulations the following:-, C4 -
so that said paragraph (b) will read as follows:
(b) in C2, C3, Ch. and M1 districts the maximum height
of buildings shall be fifty-five feet.
6. By amending Section 8 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 Site Plan Regulations.
B. By adding the following new paragraph:
(i) C4 Regional Shopping Center Districts.
1. In C4 districts the entire land within the
district shall be deemed to be a single lot
for all purposes under this by-law.
2. In C4 districts there shall be provided
a. Open spaces on such lot of not less than
200 feet between each boundary line of
such lot and the permitted buildings and
structures thereon. Where such lot bounds
on a street, the exterior line of the
street shall be deemed to be the boundary
line for the purpose of this subparagraph.
b. An open area on such lot, not occupied by
any building, structure, or open sales
area, of not less than seventy-five (75)
per centum of the area of such lot.
c. Parking area (including access drives and
aisles) on such lot for automobiles or
other vehicles containing not less than
three (3) square feet for each square foot
of gross floor area of the buildings and
structures on such lot. The open spaces
and area required under subparagraphs a
and b above may be used for parking area
if otherwise lawful.
d. Adequate space on or under the surface of
such lot, adjacent to the buildings and
structures to be served, for loading
and unloading purposes, including maneuv-
ering space, for service vehicles.
3. In C4 districts, all buildings shall be con-
structed, reconstructed, altered, enlarged
or used and the premises shall be used for
a permitted purpose only in conformity with
a site plan for such lot, bearing an en-
dorsement of approval by the Board of Appeals.
a. The owner of the lot for which a site plan
approval is desired shall submit such site
plan to the Board of Appeals in accordance
with procedure prescribed by the Board
and no building permit shall be issued
for any existing or proposed building or
structure on such lot until a site plan
showing such building or structure has
been approved by the Board and then only
if such building or structure conforms to
such site plan as approved.
b. The site plan shall present a unified and
organized arrangement of buildings,
structures and service facilities and shall
show, among other features, the g'ound
area and location of all existing and
proposed buildings, structures, parking
areas, loading and unloading spaces,
driveways, driveway openings and other
uses; all facilities for water service,
sewage, refuse and other wast disposal
services, outdoor lighting, and water
drainage; and all principal landscape
features such as fences, walls, walks,
and planting areas, including screening
of such lot, if reasonably necessary,
from R1 and R2 districts on which such
lot abuts.
erb
Article 9. The site plan shall include separate
(Cont. ) drawings showing a unified general ex-
terior architectural design for all pro-
posed buildings and structures, the
style and type of such design, however,
shall not be subject to approval by the
Board of Appeals. In granting approval
of a site plan the Board may determine
the extent to which there shall be
access to such lot from an abutting street.
c. Before approving applications for site
plan approval under this paragraph, the
Board shall assure to a degree consistent
with a reasonable use of such lot for the
purpose permitted by the regulations of
the districts:
1. Protection of other premises in the
neighborhood against detrimental or
offensive uses on such lot.
2. Convenience and safety of vehicular
and pedestrian movement on such lot
and in relation to streets, ways and
land in the neighborhood of such lot.
3. Adequacy of the facilities for sewage,
refuse and other wast disposal and for
water drainage.
d. The site plan may be submitted to the
Board of Appeals in stages or as a com-
plete plan and, in either case, the Board
in acting on a site plan may approve it
in whole or in part.'
Whenever successive site plans are sub-
mitted, any feature approved by the Board
on a prior site plan shall be deemed to
be approved if shown materially unchanged
on a subsequent site plan, unless the
Board determines that new or changed
features on the subsequent site plan
materially affect the feature that other-
wise would be deemed to be approved.
e. In approving a site plan, the Board shall
have the power to authorize such deviation
from the site plan as approved as the Board
specifies in its approval endorsement.
The Board shall have the power to modify
or amend its approval of a site plan on
application of anyone having a property
interest in such lot or upon its own
motion if such power is reserved by the
Board in its approval endorsement. All
provisions applicable to an approval of a
site plan shall, where pertinent, be
applicable to a modification or amend-
ment of an approval.
f. Upon receipt of a site plan or of an
application for modification or amendment
of its approval of a site plan or before
modifying or amending its approval of a
site plan on its own motion, the Board of
Appeals shall transmit to the Planning
Board the site plan and the application
or proposal for modification or amendment
—_ of its approval of a site plan. The Plan-
ning Board shall consider the site plan and
any application or proposal for modifi-
cation or amendment of any approval of a
site plan and shall submit a final report
o t
thereon with recommendations to the Board
of Appeals.
Article 9. The Board of Appeals shall not approva a C711
(Cont.) site plan and shall not modify or amend
its approval of a site plan until such final rD
report of the Planning Board has been
submitted to it or until thirty days have
elapsed after the transmittal to the
Planning Board of the site plan or appli-
carion or proposal for modification or
amendment of approval of a site plan,
without such report being submitted.
9:12 P. M.
Wilbur M. Jaquith presents Majority Report and
Minority Report of the Planning Board which were voted
to be accepted and placed on file. 9:17 P. M.
Slides shown of the various streets in the vicinity of
the shopping center. 9:24 P. M.
Nathaniel P. Blish asks of the Town Clerk if figures
available giving the results of Question No. 2 as voted
at the election held March 10, 1958.
Results of each precinct read by the Town Clerk.
10:04 P. M.
William Hammer offers the following amendment:
"I offer the followinamendment to Section 4 para-
graph 1. f. to read, "Theaters and other completely en-
closed places of amusement." 10:07 P. M.
Amendment adopted 10:07 P. M.
Woodrow W. Sayre moves the previous question which was
adopted at 10:23 P. M.
Standing vote taken as follows:
In Favor Tellers Opposed
19 Irving H. Mabee 21
51 Ernest A. Giroux 58
22 Lincoln P. Cole, Jr. 15
92 94
Declared Lost 10:25 P. M.
Article 10. Presented by Wilbur M. Jaquith.
VOTED: To amend the Zoning By-Law by adding in Section
2, Definitions, the following two paragraphs:
(q) Municipal. The word "municipal" means the Town of
Lexington.
(r) Public. The word "public" means the Town of
Lexington.
report
Wilbur M. Jaquith presentyof the Planning Board which
was voted to be accepted and placed on file. 10:27 P. M.
Main motion as presented carried unanimously 10:27 P. M.
Article 11. Presented by Wilbur M. Jaquith.
VOTED: To amend Section 8, Area, Frontage and Yard
Regulations, of the Zoning By-law by striking out all of
paragraph. ( e) M 1 Districts., and substituting in place
thereof the following:
( e) M1 Districts
1. In Ml districts there shall be provided:
a. For each permitted principal building, other than
those permitted in R1 or R2 districts, a lot con-
taining an area of not less than four acres and a
frontage of not less than 300 feet upon the
frontage street.
97
Article 11. b. For each such building and accessory building:
(Cont.) (1) A front yard of not less than 50 feet in
depth on each street upon which the lot
abuts,
(2) A side yard on each side of not less than
14.0 feet in width.
(3) A rear yard of not less than 50 feet in
depth. Provided however, that if a bound-
ary of the lot abuts on land in a district
other than an M1 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 district,
shall be not less than 60 feet in width
or depth as the case may be.
c. In particular instances, the Board of Appeals
may permit such principal building to be
erected on a lot containing an area or frontage,
or both, of less than the minimum area or
frontage requirements specified in subpara-
graph a. above, if at the time of the adoption
of said minimum requirements suchlot was
lawfully laid out and recorded by plan or deed
and did not adjoin other land of the same
owner available for use in connection with such
lot, provided that the Board determines that
such permission can be granted without sub-
stantial derogation from the intent and pur-
poses of this By-Law. A lot resulting from a
taking by eminent domain after the adoption of
said minimum requirements shall be deemed for
the purposes of this subparagraph to have been
lawfully laid out and recorded by plan or deed
at the time of such adoption, if the larger
lot of which it was a part before such taking
was so laid out and recorded.
In granting such permission, the Board may
permit front, side or rear yards of less than
the minimum yard requirements specified in
subparagraph b. above.
d. For each such principal building, an open area
on the lot, cc not o occupied by any building, or
not less than
75 per centum of the area of the
lot, which may be used for parking area if
otherwise lawful.
e. No parking or loading area on the lot shall be
located within 10 feet of the exterior line of
any street on which the lot abuts and, if a
boundary line of the lot abuts on land in a
district other than an MI district, no such
parking or loading area shall be located
within 10 feet of such boundary line.
f. Parking and loading areas on the lot 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 shall be subject to approval in writing
by the Planning Board.
g. For each prinicpal building permitted in R1
or R2 districts, the same lot area and front-
age, 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 R2. district.IL= .
v-cvIAM_- _ .-Vra .:�- :,==x.01 �r.X.;--
Mr. Jaquith presents Report of the Planning Board which
was voted to be accepted and place on file. 10:30 P. M.
Main motion carried unanimously by voice vote. 10:39 P.M.
All articles having been dispenced with, William E.
Maloney, Chairman, Board of Selectmen, moves that meeting
be dissolved. 10:39 P. M.
411 si 00r. y7
I►'o/j Clerk
I /
1
ATTORNEY GENERAL'S APPROVAL OF ARTICLE 8 AS PASSED AT THE
SPECIAL TOM MEETING HELD May 12, 1958
ARTICLE 8 AS PASSED AT THE SPECIAL TOTETN MEETING HELD MAY 12, 1958
ARTICT,F; 8. Presented by Donald K. Irwin.
VOTED: To amend the Building By-Law of the Town by
striking out Article XIX that is entitled "Signs", as
amended, and to adopt a new Sign By-Law as recommended
by the Building and Plumbing By-Laws Study Committee,
a cony of which entitled "Proposed Sign By-Law" and
dated April, 1958, is on file in the office of the
Town Clerk.
Standing vote taken as follows :
In Favor Tellers Opposed
32 Irving H. Mabee 4
97 Ernest A. Giroux 12
32 Lincoln P. Cole, Jr. 2
161
Carried 9:09 P. M.
(Signed) James J. Carroll
Town Clerk
Lexington, Mass. , May 16, 1958
I, James J. Carroll, Town Clerk of the Town of
Lexington, do hereby certify the above to be a
true and exact copy of Article 8 as passed at the
Special Town Meeting held May 12, 1958 and as same
appears on record.
I
(Signed) James J. Carroll
Town Clerk
May 20, 1958
Lexington, Massachusetts
I, James J. Carroll, To a Clerk of the Town of Lexington
certify that the foregoing is the Sign By-Law re-
commended by the Building and Plumbing By-Laws Study
Committee that was on file in the Office of the
Town Clerk and that was referred to in and adopted
by the vote of the town meeting under Article 8 of
the warrant for the Special Town Meeting held May
12, 1958.
(Signed) James J. Carroll
Town Clerk
Boston, Mass. , June 9, 1958
The foregoing by-law is hereby approved.
(Signed) George Finold
Attorney General
11
ATTORNEY GENERALS APPROVAL OF ARTICLE 10 AS PASSED AT THE
SPECIAL TOWN MEETING HELD MAY 12, 1958
r
ARTICLE 10 AS PASSED AT THE SPECIAL TOWN MEETING HETET? MAY
12, 1958
ARTICLE 10. Presented by Wilbur M. Jaquith.
VOTED: To amend the Zoning By-Law by adding in
Section 2, Definitions, the following two paragraphs :
(q) Municipal. The word "municipal" means the
Town of Lexington.
(r) Public. The word "public" means the Town
of Lexington.
Wilbur M. Jaquith presents report of the Planning
Board which was voted to be accepted and placed
on file. 10:27 P. M.
Main Motion as presented carried unanimously.
10:27 P. M.
(Signed) Jamas J. Carroll
Town Clerk
Lexington, Mass., May 19, 1958
I, James J. Carroll, Town Clerk of the Town of
Lexington do hereby certify the above to be a
true and exact copy of Article 10 as passed at the
Special Town Meeting held May 12, 1958 and
as same appears on record.
(Signed) James J. Carroll
Town Clerk
Boston, Mass. , June 9, 1958
The` foregoing amendment to zoning by-law is
hereby approved.
(Signed) George Fingold
Attorney General
ATTORNEY GENERAL t S APPROVAL OF ARTICLE 2 AS
PASSAD AT THE SPECIAL TOWN MEETING HELD SEPT. 15, 1958
ARTICLE 2 AS PASSED AT THE SPECIAL TOWN MEETING
HELD SEPTEMBER 15, 1955
ARTICLE 2. Presented by Thomas S. Grindle.
VOTED: To amend Section 5, permitted
Buildings and Uses, of the Zoning By-
Law by striking out in paragraph (h)
C 3 Districts the number "1" at the be-
ginning of the clause so numbered and
substituting therefor the number --2--,
and by adding before said clause
the following clause:
1. Offices for administrative, executive,
professional and similar purposes.
Mr. Grindle presents Planning Board Report to be
accepted.
Main Motion carried unanimously 8:11 P. M.
(Signed) James J. Carroll
Town Clerk
117
Lexington, Mass. September 18, 1958
I, James J. Carroll, Town Clerk of the Town of Lexington
do hereby certify the above to be a true and exact copy of
Article 2 as, passed at the Special Town Meeting held September
15, 1958 and as same appears on record.
(Signed) James J. Carroll
Town Clerk
Boston, Mass. October 8, 1958
The foregoing amendment to zoning by-law is hereby approved.
(Signed) E. J. McCormack, Jr.
Attorney General
ATTORNE7 GENERAL i S APPROVAL OF ARTICLE 3 AS PASSED AT THE
SPECIAL TO= T!EETING Hi LD SEPTEMBER 15, 1958
ARTICLE 3 AS PASSED AT THE SPECIAL TOWN MEETING HELD
SEPTEMBER 15, 1958
ARTICLE 3. Presented by Thomas S. Grindle.
VOTED: To amend the Zoning By-Law by adding at the
end of Section 8, Area Frontage and Yard Regulations,
the following new paragraph:
(h) C 3 Districts.
1. In C 3 Districts there shall be provided for
alluses other than those permitted in R1 or R2
districts:
a. A lot containing an area of not less than five
acres and a lot width of not less than 300 feet
on each street on which the lot abuts, except
that incase the lot abuts on a dead end turn-
around part of a public street or of a street
shown on a sub-division plan approved by the
Lexington Planning Board under the Subdivision
Control Law and abuts also on such street be-
fore the turnaround, the 300 feet may be measured
in part along the side line of the street be-
fore the turnaround and in part along a pro-
jection of the course of such side line through
and beyond the turnaround, provided however
that the lot shall have a frontage of not less
than 60 feet on the street, including such
turnaround.
b. For each lot a front yard of not less than 100
feet in depth on each street on which the lot
abuts, and within such 100 feet from each street
there shall be permitted only (1) green areas
of grass, plants, shrubs and trees, and (2)
walks, driveways and parking facilities occupying
not more than 25 per centum of the area.
c. On each lot a side yard on each side of not less
than 50 feet in width and a rear yard of not less
than 50 feet in depth.
d. On each lot an open area, not occupied by any
building, of not less than 75 per centum of the
lot, which may be used for parking if otherwise
lawful.
e. On each lot parking, loading and unloading
facilities reasonably sufficient to serve the
business conducted thereon without using adjacent
streets `therefor, and not located within 25 feet
of any street or boundary line.
f. Within 25 feet of each street and boundary, only
green areas of grass, plants, shrubs or trees,
and necessary ways of access therethrough.
g. No open storage of materials or equipment in any
front yard, and none elsewhere unless (1)
appropriately screened from view from streets and
public ways and from land not in_ a C 3 or M 1
district, and (2) not detrimental to the appearance
of an office-research area.
118
Article 3. 2. In C 3 Districts there shall be provided for all
(Cont. ) uses permitted in R 1 or R 2 districts, the same
lot area and frontage, and the same front. and side
and rear yards as would be required if the lot
were situated in an R 1 or R 2 district.
Article read by Richard H. Soule . 8 :15 P. M.
Mr. Grindle asks for Report of Planning Board to
be accepted and placed on file.
Amendment offered by Charles G. Davis as follows:
"Amend Item g of Item 1 to read t1No open storage
of materials or equipment in any front yard and
none elsewhere."
6 :35 P. M.
Amendment lost by voice Vote. 8:42 P. M.
Voice vote on main motion not unanimous so stand-
ing vote taken as follows :
In Favor Tellers Opposed
29 Frederick E. Tucker 4
108 Thomas A. Napoli 3
36 Lincoln P. Cole, Jr. 0
173 7
Motion Adopted: 8:46 P. M.
(Signed) James J. Carroll
Town Clerk
Lexington, Mass. , September 18, 1958
I, James J. Carroll, Town Clerk of the Town. of Lexington, do
hereby certify the foregoing to be a true and exact copy of
Article 3 as passed at the Special Town Meeting held September
15, 1958.
(Signed) James J. Carroll
Town Clerk
Boston, Mass. , October 8, 1958
The foregoing amendment to zoning by-law is hereby approved.
(Signed) E. J. McCormack, Jr.
Attorney General
ATTORNEY GENERAL'S APPROVAL OF ARTICLE 4 AS PASSED AT THE SPECIAL
TOWN MEETING HELD SEPTEMBER 15, 1958
ARTICLE 4 AS PASSED AT THE SPECIAL TOWN MEETING HELD SEPTEMBER 15,1958
ARTICLE l.}.: Presented by Thomas S. Grindle.
VOTED: To amend the Zoning By-Law by changing certain
land from and R 1 One Family Dwelling District to a
C 3 Special Commercial District by adding in Section
4 Geographical Description of Districts the following
new paragraph:
(h) C 3 - Special commercial districts.
1. A district on the northeasterly side of the
Cambridge-Concord Highway (Route 2) and the easterly
side of the Northern Circumferential Highway (Route
128) and on both sides of Spring Street and bounded
and described as follows:
Beginning at the intersection of the northeasterly
line of the Cambridge-Concord Highway (Route 2) and v
the easterly line of the Route 2-Route 128 Interchange,
so-called, thence northerly and northwesterly along
the easterly and northeasterly lines of said Inter-
hhanget thence northerly along the easterly line of
Inter-
change)northern Circumferential Highway (Route 128) to
119
a line parallel with and 25 feet distant at right angle
southeasterly from the southeasterly line of Weston Street,
thence northeasterly by said parallel line about 290
feet, thence S 26° 47' 10" E about 85 feet to a line
parallel with and 250 feet distant at right angle south-
westerly from the northernmost straight section of the
northeast line of Shade Street, thence S 640 171 10" E
by said parallel line 395 feet, thence S 42° 251 10t1 E
by a line parallel with and 250 feet distant at right
angle southwesterly from the northeasterly line of Shade
Street 450 feet, thence S 47° W about 360 feet, thence
S 22° E about 885 feet, thence S 39° 091 50" E along the
southwesterly lines of lots 234 through 252 shown on Land
Court Plan 6962C 932.40 feet, thence N 65° 361 lull B
2u6.87 feet along said lot 252, thence S 390 -091 50" E
by A line in part parallel with and 200 feet distant at
right angle southwesterly from the southwesterly line of
Shade Street 620 feet, thence S 4.° TIP)I0.64 feet, thence
S 78° E 262.50 feet, thence S 390 091 50" E about 1h5
feet to Spring Street and continuing on the same course
across Spring Street and for a distance of 100 feet
southeasterly from the southeasterly line of Spring Street,
thence due east to a line parallel with and 100 feet at
right angle southwesterly from the so .thwesterly line of
the location of old Shade Street, thence southeasterly
and southerly by lines parallel with and 100 feet dis-
tant at right angle from the southwesterly and westerly
lines of the location of old Shade Street to a line
parallel with and 100 feet distant at right angle north-
erly from land now or formerly of Clarence X. Cutler,
thence westerly, southwesterly and southerly by lines
parallel with and 100 feet distant at right angle
northerly, northwesterly and westerly from said Cutler
land to the northerly line of the Cambridge-Concord High-
way, and thence westerly and northwesterly along the
northerly and north easterly lines of the Cambridge-Con-
, cord Highway to the point of beginning. .
Richard H. Soule read article L .
Mr Grindle moves that Planning Board Report covering
Articles 2, 3 and L be accepted and placed on file.
Carried Unanimously 8:52 P. M.
Main motion voted on and carried unanimously 8:57 P. M.
- (Signed) James J. Carroll
Town Clerk
Lexington, Mass. , September 18, 1958
I, James J. Carroll, Town Clerk of the Town of Lexington do
hereby certify the foregoing to be a true and exact copy of
Article L as passed at the Special Town Meeting held September
15, 1958 and as same appears on record.
(Signed) James J. Carroll
Town. Clerk
Boston, Mass. , October 8, 1958
The foregoing amendment to zoning by-law is hereby approved.
(Signed) E. J. McCormack, Jr.
Attorney General "
120
ATTORNEY GETPLRAL' S APPROVAL OF ARTICLE 8 AS PASSED AT THE SPECIAL
TOWN MEETING HELD SEPTEMBER 15, 1958
ARTICLE 3 AS PASSED AT THE SPECIAL TOWN M' STING HELD SEPTEMBER
15, 1958
ARTICLE 8. Presented by Wilbur M. Jaquith.
VOTED: To anend paragraph (g) A 1 Districts, Garden
Apartment and Hotel Districts, of Section 5, Per-
mitted Buildings and Uses, of the Zoning By-Law by
striking outthe words "Planning Board" wherever they
appear and inserting in place thereof the words :--
Board of Appeals--, and by adding the following ad- I
ditional clause :
5. Upon receipt of an application to determine that
a proposed garden apartment or hotel building and
use, including the site, plans and building design,
constitute a desirable development in and will not
be detrimental to the neighborhood,. or an application
to approve site, plans and building design of Proposed
buildings accessory to garden apartments or hotel, the
Board of Appeals shall transmit to the Planning Board
the application and plans. The Planning Board_
shall consider the same and shall submit a final report
thereon with recollLriendations to the Board of Appeals.
The Board of Appeals shall not approve any such
application or plans until such final report of the
Planning Board has been submitted to it or until thirty
days have elapsed after the transmittal to the Plan-
ning Board of the application and Plans without such
report being submitted.
Mr. Jaquith presents Report of the Planning Board to
be accepted and placed on file.
Carried Unanimously 9:32 P. H.
Main motion voted on and carried unanimously 9:33 P. M.
(Signed) James J. Carroll
Town Clerk
Lexington, Mass. ,_ September 18, 1958
I, James J. Carroll, Town Clerk of the Town of Lexington,
do hereby certify the above to be a true and exact copy of
Article 8 as passed at the Special Town Meeting held September
15, 1958 and as same appears on record.
MM (Signed) James J. CArroll
Town Clerk
Boston, Mass., October 8, 1958
The foregoing amendment to zoning by-law is hereby approved.
(Signed) E. J. McCormack, Jr.
Attorney General
ATTORNEY GENERAL' S APPROVAL OF ARTICLE 9 AS PASSED AT THE
SPECIAL TOWN MEETING HELD SEPTEMBER 15, 1958
ARTICLE 9 AS PASSED AT THE .SPECIAL TO-.TN MEETiNG HELD SEPTEMBER
15, 1953
ARTICLE 9. Presented by Alfred P. Tropeano.
VOTED: To amend the Zoning By-Law by adding at the
end of Section 4 (g) A 1 - Garden apartment and
hotel districts, the following n:ew paragraph:
L . A district on the easterly side of Waltham
Street beginning at a stone bound situated on the
easterly side line of said 7altham Street at the
intersection of land now or formerly of Louise J.
Carter and the Vine Brook Realty Trust, and thence
running northerly along the easterly side line of Wal-
tham Street eight hundred fifty (850) feet to a point; thence
turning at right angles to said easterly side line of W 7altham
Street and running easterly eight hundred (800) feet to a point;
thence turning and running southwesterly eight hundred fifty (850)
feet, more or less., to a uoint in the common boundary line of
land of Vine Brook Realty Trust and land now or formerly of Gaetano
Franceschelli et al; and thence turning and running westerly
along the center line of a ditch being the common boundary line
of land of Vine Brook Realty Trust and land now or formerly of
Gaetano Franceschelli et al, of Berta Franceschelli, of Domenic
Petrino et al, and of Louise J. Carter five hundred fifty (550)
feet to the point of beginning.
Charles T. Abbott presents the Report of the Planning Board and
moves it be accepted and placed on file.
Carried Unanimously 9:35 P. M.
•
William Hammer presents an amendment which the Moderator declared
not in order. 9:50 P. M.
Voice vote on main motion not unanimous so standing vote taken
as follows :
In Favor Tellers Opposed
33 Frederick E. Tucker 0
102 Thomas A. Napoli 3
137 Lincoln P. Cole, Jr. 0
3
Main Motion Adopted 9:56 P. M.
(Signed) James J. Carroll
Town Clerk
Lexington, Mass. , September 18, 1958
I, James J. Carroll, Town Clerk of the h Town m of Lexington do
hereby certify the above to be a true and exact copy of Article
9 as passed at the Special Town Meeting held September 15, 1958
and as same appears on record.
mjs (Signed) James J. Carroll
Token Clerk
Boston, Mass. , October 8, 1958
The foregoing amendment to zoning by-law is hereby approved..
(Signed) E. J. McCormack, Jr.
Attorney General
ATTORNEY GENERAL' S APPROVAL OF ARTICLE 10 AS PASSED AT TF7
SP'CIA.L TOWN Iv1 TING HELD SEPTEMBER 15, 1958
ARTICLE 10 AS PASSED AT TIDE SPECIAL TOWN MEETT G HELD
SEPTEMBER 15, 1958
ARTICLE 10. Presented by Wilbur M. Jaquith.
VOTED: To amend the Zoning By-Law so as to change
certain land from an R 1 One Family Dwelling District
to a C 2 General Business District by adding at the
end of paragraph 4 in Section (d) C 2-General
business districts, as heretofore amended, the following :---
Said district shall also further include adjoining land
bounded as follows : northwesterly by the land described
in the immediately preceding sentence, fifty and
90/100 (50.90) feet, more or less; southwesterly
by Depot Square one hundred twentyone and 76/100
(121.76) feet, more or less; southeasterly by rail-
road property by a line parallel to the first boundary
above described fifty and 90/100 (50.90) feet more
or less; and northeasterly b railroad property by
a line parallel to t.b.e second boundary abo re ddsc ibed
one hundred twenty-one and 76/100 (121. 76) feet, more
or less.
Mr. Jaquith presents Report of Planning Board to be
accepted and placed on file.
r
Carried Unanimously 9:58 P. M.
Hain motion carried unanimously 9:59 P. M.
(Signed) James J. Carroll
Town Clerk
Lexington, Hass. , September 18, 1958
I, James J. Carroll, Town Clerk of the Town of
Lexington do hereby certify the above to be a true and exact cony
of Article 10 as Passed at the Special Town Meeting held September
15, 1958 and as same appears on record.
(Signed) James J. Carroll
Town Clerk
Boston, Mass. , October 8, 1958
The foregoing amendment to zoning by-law is hereby approved.
(Signed) E. J. McCormack Jr.
Attorney General