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March 28,2012 Adjourned Session of the 2012 Annual Town Meeting The second session of the 2012 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., Wednesday, March 2012, Cary Memorial Hall; a quorum of 169 present. Following a brief review of the evenings order a moment of silence was held for former Town Meeting Member Paul Riffin. 7:40 p.m. Selectman Hank Manz moved Articles 35, 36 & 37 be taken up. Adopted Unanimously. 7:40 p.m. Richard Canale moved the Planning Board reports for Articles 35, 36 & 37 be received and placed on file. Adopted Unanimously. 7:42 p.m. Mr. Canale reported on Articles 35, 3 & 37. 7:48 p.m. Jerold Michelson, Chair -Lexington Center Committee,reported unanimous support of articles 35, 36 & 37. 8:00 p.m. Presented by Richard Canale, Planning Board ARTICLE 35: AMEND ZONING BY-LAW,RESIDENTIAL USE IN THE CB ZONE MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article, a copy of which is on file with the Town Clerk and the Planning Board, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Lexington. Planning Board Report-MOTION FOR ARTICLE 35 That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as follows: 1. In Part A of Table 1 "Permitted Uses and Development Standards," split the column labeled "CB CLO" into two columns, and re-label one column as "CB" and the other column as "CLO". All uses in the new CLO column will remain the same as previously allowed in the CB CLO column, and all uses in the new CB column will remain the same as previously allowed in the CB CLO column, except as noted below. 2. In Part A of Table 1 "Permitted Uses and Development Standards" delete"(Reserved)"from Line 1.16 and replace it with "Dwelling unit above the street level floor in a commercial or institutional building". Insert"Y" in the column labeled CB Zone and insert"N" in all other columns. So that the amended section of Table 1 will now appear as follows: Line RO RT RM RD* CN CRS CS CB CLO CRO CM RS 1.16 Dwelling unit above NNNNNNNYN N N the street level floor in a commercial or institutional building 3. In Part B of Table 1 "Permitted Uses and Development Standards," Line 6.21, delete the sentence "A center store front is defined as the portion of the ground floor level of a building in the CB District that has frontage on a public way or a public parking lot." So that the amended Line 6.21 will now read as follows: Line CN CRS CS CB CLO CRO CM 6.2 Development Standards 6.21 Office located on a street level floor(*In CB District, office shall not be permitted in a Y N N SP* Y Y Y center store front.) 4. In Article II "Definitions", insert the definition of"CENTER STORE FRONT" after the definition of "CELLAR". Said definition to read as follows: CENTER STORE FRONT—The portion of the ground floor level of a building in the CB District that has frontage on a public way or a public parking lot. 8:01 p.m. Selectman George Burnell reported unanimous support of the Selectmen. 8:02 p.m. Richard Canale responded to members questioning parking for commercial and residential use, occupancy, impact on school enrollment, affordability, and ownership .