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March 28, 2012 Adjourned Session of the 2012 Annual Town Meeting, cont... 8:10 p.m. Members spoke in opposition and support, and questioned projection on increased economic development in Lexington Center. 8:23 p.m. Planning Board Members Richard Canale and Charles Hornig responded to questions on the coexistence of residential and commercial use and parking. 8:31 p.m. Mary Jo Bohart, Executive Director, Lexington Chamber of Commerce, spoke in support. 8:32 p.m. Comments in support and opposition continued. 8:38 p.m. Thomas Griffiths,pr.7, called the question. Richard Michelson,pr.8, reported his abstaining from voting on articles 35, 36 & 37. 8:38 p.m. Motion on putting the main motion before the meeting Adopted 8:39 p.m. Richard Canale summarized the motion and sought support. 8:39 p.m. Article 35 declared adopted by more than the necessary two-thirds. 8:40 p.m. Presented by Richard Canale, Planning Board. ARTICLE 36: AMEND ZONING BY-LAW,HOME OCCUPATIONS IN 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 36 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," Line 1.24 under the column labeled "CB", as created by action under Article 35, insert"Y"; 2. In Part A of Table 1 "Permitted Uses and Development Standards," Line 1.251 under the column labeled "CB", as created by action under Article 35, insert"Y"; and 3. In Part A of Table 1 "Permitted Uses and Development Standards," Line 1.252 under the column labeled "CB", as created by action under Article 35, insert"Y." So that the section of Table 1, as amended, will appear as follows: Line RO RT RM RD* CN CRS CS CB CLO CRO CM RS 1.24 Home occupation,instruction YYYSPYNNYN N N (See§135-25.1) 1.251 Home occupation,minor(See YYYSPYNNYN N N §135-25.1) 1.252 Home occupation,major(See SP SP SP SP N N N Y N N N §135-25.1) 4. In Article II "Definitions" delete the words "subject to a special permit" from the definition of "HOME OCCUPATION, MAJOR" so that the amended definition will now read as follows except that the interlineated items are shown for illustrative purposes only to show deletion and will not appear in the Zoning Bylaw as amended under this motion: HOME OCCUPATION, MAJOR —A home occupation cubject to a cpccial permit with no more than one nonresident employee, partner, or contractor working on the premises; and no more than 10 business- related visitors to the premises over the course of a day. 8:41 p.m. Richard Canale reported Planning Board support 5-0. Selectman George Burnell reported unanimous support of the Selectmen. 8:41 p.m. Mary Jo Bohart, Executive Director, Lexington Chamber of Commerce,reported support of the Chamber of the micro enterprises. 8:42 p.m. Motion declared adopted by more than the necessary two-thirds. 8:43 p.m. Presented by Richard Canale, Planning Board. ARTICLE 37: AMEND ZONING BY-LAW, HEIGHT 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 fouuat of the Code of Lexington. Mr. Canale reported the support of the Planning Board on a vote of 5 in favor, zero opposed. George Burnell reported the support of the Selectmen on a vote of 3 in favor, 2 opposed.