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-= _- OFFICE OF 1350 N4AIN S'rR1:,I r 11PRcNw::n,-0It:LD,MASSAC,,U SE"'TTS 01103-1629 "°HON[As F }IDeat.. Y (4t3)+"3`t-124O °a avaa a� a a.ame a. www"a o.seale,mat.LIS September 7, 2004 Donna M. Hooper, Town Clerk 1625 Massachusetts Avenue ' Lexington, MA 02420 ICE, Lexington Annual Town Meeting of Marelt 29, 2004— Case## 3042 Warrant Articles #34 and 39 (General) m° t Warrant Articles #4, 5, 8, 9, 110, 12, and 13 (Zoning) Dear Ms. Hooper:. Articles 4, 5, 8, 10, 12, 13,34, and 39 - I return with the approval of this Office the amendments to the town by-laws adopted under these Articles on the warrant for the Lexington annual town meeting that convened on March 29, 2004, and the maps pertaining to Articles 4, 5, 10, and 13, Article 9 - I return with no action by this Office the amendments adopted under this Article and the neap pertaining to it. The vote under Article 9 pertains to a Preliminary Site Development and Use flan approved by town meeting at the 1986 Annual Town Meeting. The vote under Article 9 provides as follows: That the existing Prelitnittary Site Developnretit and Use Plan approved at the 1986 Aninial.Torun Meeting, Article 47, a copy of which is oil file with the Town Clerk and the Planning Board, be aineiided to permit expansion of the existing facilities at Brookhaven, located at 1010-1012 Walthain Street,to allow for additiotr living units, health care facilities and srtpport service space, as showtr oir the Preliminary Site Developinetit and Use flan dated December 30,2003 oo file with the Planning Board, pursuant to Article V111, Section 135-42D(3)and other applicable provisions of the Code of the Towvir of Lexingtoir, Zoning By-law, The vote under article 9 was a vote to amend an existing Preliminary Site Development. and Use Plan that was previously approved by a vote of town meeting. Nowhere in the vote does it say that the town's zoning lay-laws are being amended. We conclude that the vote to approve the Preliminary Site Development and Use Plan was not a vote by town meeting to amend its E':11dSFRS"wiiITCHIFiMP6IWOCS1TOWNSU EXINGTN 93042A.APP,%>ppd