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HomeMy WebLinkAboutZoning By-Law-Art 10-Amended-bylaw • Z ONING B Y - L A W of the TOWN OF LEXINGTON, MASS. r k, Adopted June ,5, 1968 under Article 10 of the Warrant 3 for the June ,g, 1968 Special Town Meeting, being a re- enactment and continuance of the Zoning By-Law adopted at the Adjourned Town Meeting on March 17, 1924, approved by the Attorney General on April 8, 1924 and published on April 18, 25 and May 2, 1924 as amended; and adopted at an adjourned Town Meeting on December 4, 1950, approved by the Attorney General on February 23, 1951 and published in the Lexington Minute-Man on April 26, May 3 and May 19, 1951, as it had since been altered by amendments and additions duly adopted at Town Meetings, approved by the Attorney General and published. JUNE 1 9 6 8 INDEX - ZONING BY-LAW OF THE TOWN OF LEXINGTON PART 1. ADMINISTRATION AND PROCEDURE Page ' Section 10. Purpose and Zoning Map 1 11. Enforcement by Building 4tapoctor 11.1 Penalty for Violation 11.2 Building Permit 2 11.3 Occupancy Permits 2 12. Board of Appeals 2 12.1 Appeals 2 12.2 Special Permits 2 12.3 Variances 2 13. Site Plan Review (Finding and Determination) 3 13.1 Application 3 13.2 Planning Board Report 3 13.3 Public Hearing 3 13.4 Compliance with Finding and Determination 4 13.5 Extension of Time 4 13.6 Written Report 4 13.7 Failure to Act 4 14. Amendments to Zoning By:Law 4 14.1 Petition and Public Hearing 4 14.2 Notice of Hearing 5 14.3 Amendment of Zoning Map 5 15. Validity 5 16. Other By-Laws 5 17. Forbidden if Not Permitted 5 18. Continuity of Bv-Law 5 PART 2. USE AND INTENSITY REGULATIONS 20. Districts Defined 6 20.1 Residence Districts 6 20.2 Commercial and Industrial Districts 6 21. Descriptions Govern 6 22. Descriptions of Residence DintrIcts 6 22.1 RU - One Family Districts, 369000 sq.ft. 6 22.2 RS - One Ftsily Districts, 15,500 sq.ft. 6 22.3 RT - Two Family Districts 7 22.4 RM - Multifamily (garden aportment) districts 7 23. Description of Commercial and industrial Districts 9 23.1 CR - Office and Research Park Districts 9 23.2 CH - Hotel, Office and Research Park Districts 12 23.3 CM - Manufacturing and Research Park Districts 12 23.4 CO - Office Districts 13 23.5 CS - Service and Trade Districts 13 23.6 CN - Neighborhood Business Districts 14 23.7 CG - General Business Districts 15 23.9 CB - Central Business Districts 18 Page Section 24. Permitted Land Uses 20 24.1 More Specific Classification Governs 20 24.2 Principal and Accessory Uses 21 24.3 Unlisted Accessory Uses 21 24.4 Apartments in CB Districts 21 25. Use Regulations Schedule 22 26. Dimensional Controls 26 26.1 No Lot Reduction Below Minimum 26 26.2 Civil Defense Shelters 26 26.3 Residence Uses in Commercial Districts 26 26.4 Symbols and Abbreviations 26 26.5 Exemption for Small Previously Recorded Lots 26 26.6 Lots Partly in Lexington 28 27. Schedule of Dimensional Controls 29 PART 3. GENERAL REGULATIONS 30. Non-Conforming Uses 30 30.1 May Be Contini.ed 30 30.2 May Be Repaired 30 30.3 May Not Be Extended or Enlarged 30 30.4 No Reversion to Non-Conforming Use 30 30.5 Abandonment of Non-Conforming Use 30 31. Parking and Loading Regulations 30 31.1 Required Parking and Loading Facilities 30 31.2 Dimensional Restrictions on Parking and Loading 31 31.3 Explanation of Symbols and Abbreviations 31 32. Schedule of Parking and Loading Regulations 31 32.1 Schedule of Required Parking and Loading 32 32.2 Schedule of Dimensional Restrictions of Parking & Loading 33 33. Planned Unit Development 34 33.1 Objectives 34 33.2 Number of Building Lots Permitted 34 33.3 Portion to Remain Unsubdivided 34 33.4 Frontage and Area Reductions 35 33.5 Application for Special Permit 35 33.6 Planning Board Recommendations 35 33.7 Board of Appeals Action 35 34. §ignlJegulations 36 35. Accessory Signs 37 35.1 Residential Identification 37 35.2 Permitted Use Identification 37 35.3 Real Estate Signs 37 35.4 Real Estate Subdivision Signs 37 35.5 Accessory Signs on Special Permit 37 PART 4. DEFINITIONS 40. Definitions (alphabetically) 38 APPENDIX - YARD DEFINITIONS PART I. ADMINISTRATION AND PROCEDURE SECTION 10. For the purposes set forth in General Laws, Chapter Purpose 40A, Sections 1 to 22 inclusive, and all acts in amendment thereof and in addition thereto, and under the authority thereof and of General Laws, Chapter 143, and any other enabling laws, the inspec- tion, materials, construction, alteration, repair, height, number of stories, area, size, location and the use of buildings and structures, the size of lots, yards, courts, and other open spaces, and the use of land in the Town of Lexington are hereby regulated as herein provided, and the Town is divided into districts, as hereinafter defined and as shown on the Zoning Map prepared by the Planning Board, a copy of which is filed with the Town Clerk, which map as filed and as from time to time revised to conform to Zoning Map amendments of the Zoning By-Law is hereby made a part of this By- Law. The Zoning Map may be revised from time to time by the Plan- ning Board by addition, deletion, or relocation of streets and other geographical features required to keep the map reasonably current and to facilitate orientation, but such revisions shall in no way affect or change the location and boundaries of zoning dis- tricts as defined in this By-Law, as amended from time to time. SECTION 11. The Building Inspector appointed under the provisions Enforcement of the Building By-Laws of the Town of Lexington is hereby desig- by Building nated and authorized as the officer charged with the enforcement Inspector of this By-Law. If the Building Inspector is informed or has reason to believe that any provision of this By-Law is being violated, he shall make or cause to be made an investigation of the facts and inspect the property where such violation may exist. If upon such investigation and inspection he finds evidence of such violation, he shall give notice thereof in writing to the owner and occupant of said premises and demand that such violation be abated within such time as the Building Inspector deems reason- able. Such notice and demand may be given by mail, addressed to the owner at his address as it then appears on the records of the Board of Assessors of the Town and to the occupant at the address of the premises. If after such notice and demand the violation has not been abated within the time specified therein, the Building Inspector shall institute appropriate action or proceedings in the name of the Town of Lexington to prevent, correct, restrain or abate such violation of this By-Law. 11.1 Whoever violates any provision of this By-Law shall Penalty for be punished by a fine not exceeding Fifty Dollars ($50.00) for each Violation offense, except that the penalty for the removal of earth materials in violation of this By-Law shall be as provided for in the General By-Laws of the Town of Lexington. Every day a violation continues after its abatement has been ordered by the Town shall constitute a new offense. -,1- Building 11.2 Applications for building permits shall be filed with Permits the Building Inspector on forms furnished by him, as provided in Required the Building By-Laws. With every such application there shall be filed a plan in duplicate of the lot upon which said building is to be erected drawn to scale and showing the dimensions of the lot and the location and size of the building, if any, upon said lot and the building or buildings to be erected thereon and all streets upon which said lot abuts. Occupancy 11.3 No building erected, altered or in any way changed Permit as to construction or use under a permit or otherwise shall be occupied or used without an occupancy permit signed by the Build- ing Inspector which permit shall not be issued until the build- ing and uses and accessory uses comply in all respects with the provisions of this By-Law and adequate means of sewage disposal have been provided. Board of SECTION 12. There shall be a Board of Appeals of five members Appeals appointed by the Selectmen for five year terms. The Selectmen shall also appoint six associate members of the Board of Appeals. The appointment, service and removal or replacement of members and associate members and other actions of the Board of Appeals shall be as provided for in the General Laws, Chapter 40A. The Board of Appeals in existence up to the date of the adoption of this Section shall continue in office for the balance of terms for which originally appointed. Powers of The Board of Appeals shall have and exercise all the the Board powers granted to it by said Chapter 40A and this Zoning By-Law. of Appeals These powers comprise the following: Appeals 12.1 Appeals - To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit from any administrative official under the provisions of Chapter 40A, General Laws, or by any officer or board of the Town, or by any person aggrieved by any order or decision of the Inspector of Buildings or other administrative official in violation of any provision of Chapter 40A, General Laws, or of this By-Law. Such appeals shall be taken within 30 days from the date of the order or decision being appealed, by filing a notice of appeal, speci- fying the grounds therefor, with the Town Clerk. Special 12.2 Special Permits - To hear and decide applications Permits for special permits for exceptions as provided in this By-Law, subject to any general or specific rules therein contained, and subject to appropriate conditions or safeguards imposed by the Board of Appeals. Variances 12.3 Variances - To authorize upon appeal, or upon peti- tion in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon a variance from the terms of this By-Law where, owing to conditions specially affecting such parcel or such ;2- building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this By-Law would involve substantial hardship, financial or otherwise, to the appellant, and where desirable relief may be granted with- out substantial detriment to the public good and without nulli- fying or substantially derogating from the intent or purpose of this By-Law, but not otherwise. SECTION 13. Site plan review by the Board of Appeals is required Site prior to approval of an application for a special permit in certain Review cases specified in Section 25 (designated "SPS" in the Use Regula- tion Schedule) . In such cases, a special permit shall be issued only if the Board of Appeals makes a finding and determination that the proposed placement of buildings, major topographic changes, provisions for waste disposal, surface and ground water drainage, erosion control, parking areas, loading areas, maneuvering areas, driveways, and the location of intersections of driveways and streets will constitute a suitable development and will not result in substantial detriment to the neighborhood. 13.1 A person applying for a special permit under this Contents of section shall file with the Board of Appeals three copies each of Application an application and a preliminary site plan. Such application and site plan shall include the elements on which the Board of Appeals is to make a finding and determination, as provided in Section 13, and shall also include information as to the nature and extent of the proposed use of the buildings, and such further information in respect to such elements and use as the Board shall reasonably require. 13.2 The Board of Appeals shall within three days (Satur- Planning days, Sundays and holidays excluded) of receipt of them transmit Board Report to the Planning Board two copies of the above application and site plan. The Planning Board shall consider the same and submit a final report thereon with recommendations to the Board of Appeals. The Board of Appeals shall not make a finding and determination upon an application until it has received the final report of the Planning Board thereon or until thirty days shall have elapsed since the transmittal of said copies of the application and site plan to the Planning Board without such report being submitted. 13.3 The Board of Appeals shall hold a public hearing, and, Public except as hereinafter provided, shall take final action on an appli- Hearing cation within forty-five days after the filing of such application with said Board of Appeals. Such final action shall consist of either (1) a finding and Finding and determination that the proposed construction, reconstruction, sub- Determina- stantial exterior alteration, or addition will constitute a suit- tion able development and will not result in substantial detriment to Reasons and the neighborhood, or (2) a written denial of the application for Conditions such finding and determination, stating the reasons for such denial, which reasons shall include a statement of the respect in which any elements in and particular features of the proposal are deemed by the Board to be inadequate, unsuitable or detrimental to the neighborhood. A finding and determination may be made subject -3- to such reasonable conditions, modifications and restrictions set forth therein as the Board may deem necessary to insure that the proposed construction, reconstruction, substantial exterior alter- ation, or addition will constitute a suitable development and will not result in substantial detriment to the neighborhood. Compliance 13.4 In the event that the Board of Appeals approves a with Find- Special Permit under these provisions, any construction, recon- ing and struction, substantial exterior alteration, or addition shall be Determination carried on only in conformity with any conditions, modifications and restrictions to which the Board shall have made its finding and determination subject, and only in essential conformity with the application and the site plan on the basis of which the finding and determination are made. Extension of 13.5 The period within which final action shall be taken Time for may be extended for a definite period by mutual consent of the Finding and Board of Appeals and the applicant. In the event the Board deter- Determination mines that the site plan and evidence presented to it at the public hearing are inadequate to permit the Board to make a find- ing and determination, it may, in its discretion, instead of deny- ing the application, adjourn the hearing to a later date to permit the applicant to submit a revised site plan and further evidence, provided, however, that such adjournment shall not extend the forty-five day period within which final action shall be taken by the Board, unless said period is extended to a day certain by mutual consent. Written 13.6 The Board of Appeals shall file with its records a Report written report of its final action on each application, with its reasons therefor. Failure 13.7 In the event the Board of Appeals shall fail to to Act take final action on au application within forty-five days after the filing with the board of an application for a finding and determination, or within such extended period as shall have been mutually agreed upon as herein provided, then upon the expiration of said forty-five day or extended period, said Board shall be deemed to have found and determined that the proposed construction, reconstruction, substantial external alteration, or addition will constitute a suitable development and will not result in substan- tial detriment to the neighborhood. Amendments, SECTION 14. No amendment to this By-Law shall be adopted until Public Hear- after the Planning Board has held a public hearing thereon and has ing and submitted a final report with its recommendations to an Annual or Report Special Town Meeting or until twenty days shall have elapsed after such hearing without the submission of such a report. Amendment - 14.1 The Planning Board shall hold such a public hearing Public Hear- on a proposed amendment when requested so to do by a vote of the ing on Town, by a petition signed by not less than 100 registered voters Petition of the Town or by a petition signed by the owners of 50% in valua- tion of the property designated or accepted by the Planning Board as affected by any such proposed amendment. Such a hearing may be held by the Planning Board at any time on its own initiative. -4- 14.2 Notice stating the time, place and purpose of said Amendment - hearing shall be given by publication in a local newspaper at Notice of least fourteen days before said hearing and, unless in the opinion public of the Planning Board the proposed enfzraent is one of wide appli- gearing cation in the Town, by mailing a copy of said notice to the owners of all property deemed by said Board to be affected thereby as they appear on the most recent local tax list at least seven days before said hearing. 14.3 Any change in the location or boundaries of a zoning Amendment of district made through the :dment of this By-Law shall be indi- Zoning Map cated by the alteration of the afore id Zoning Map, and the Map thus altered is declared to be a part of this By-Law thus -... nded. Any failure to alter or delay in altering the Map shall not post- pone or otherwise affect the effectiveness of any men. nt. SECTION 15. The invalidity of y section or provision of this Validity By-Law shall not invalidate any other section or provision hereof. SECTION 16. Where this By-Law imposes a greater restriction upon Other the use of 1d or the use or erection of buildings in the Town By-Laws than is imposed by other By-Laws of the Town, the provisions of this By-Law shall control. SECTION 17. Any building or use of pr see not herein expressly Forbidden if permitted is hereby expressly forbidd . Not Permitted 7CTION 18. This By-LawY. shall be deed to constitute a re-enact Continuity ment and continuance of the provisions of the Zoning By-Law in of By-Law effect when it was adopted except so far as it contains changes in wording or arrang-sent which unequivocally constitute changes in meaning. • -5- PART 2, USE AND INTENSITY REGULATIONS Districts Section 20. The Town. of Lexington is hereby divided into districts Defined designated as follows: 20.1 Residence Districts: RO - One family dwelling districts, (30,000 sq. ft.) RS - One family dwelling districts, (15,500 sq. ft.) RT - Two family dwelling districts RM Multi-family (garden apartment) dwelling districts 20.2 Commercial and Industrial Districts: CR - Office and research park districts CH - Hotel, office and research park district CM - Manufacturing and research park district CO - Office ditricts CS - Service and trade districts CN Neighborhood business districts CG - General business districts CB - Central business districts Descriptions Section 21. In the event of any discrepancy between the boundaries of the districts as shown on the Zoning Map and as hereafter de- scribed, the descriptions set forth in the following sections shall govern. Geographical Section 22. Geographical descriptions of residence districts. Descriptions RO Description 22.1 RO - one family dwelling districts include every part of the Town not hereinafter specifically designated or not shown upon the Zoning Map as a district other than an RO district. RS Description 22.2 RS - one family dwelling district includes the land within the area bounded and described as follows and not herein- after designated or shown upon the Zoning Map as a district other than an RS district: beginning at the Arlington-Lexington town line, thence along the Cambridge-Concord Highway to Wellington Lane Avenue, thence along Wellington Lane Avenue to Meadow Brook Avenue, thence along . Meadow Brook Avenue to Moreland Avenue, thence along Moreland Avenue to a point opposite the southereasterly end of Buckman Drive, thence to the southeasterly end of Buckman Drive and along Buck- man Drive to Locust Avenue, thence along Locust Avenue to Pollen Road, thence along Pollen Road to Marrett Road, thence along Marrett Road to Stedman Road, thence along Stedman Road to Brookside Avenue, thence along Brookside Avenue to Waltham Street, thence along Waltham Street to Bridge Street, thence along Bridge Street to Payson Street, thence along Payson Street to Grassland Street, thence along Grassland Street to Winston Road, thence along Winston Road to Hudson Road, thence along Hudson Road to Marlboro Road, thence -6® along Marlboro Road to Woodcliffe Road, thence along Woodcliffe Road to Spring Street, thence along Spring Street to Shade Street, thence along Shade Street to Weston Street, thence along Weston Street to Lincoln Street, thence along Lincoln Street to the Northern Circumferential Highway to Grove Street, thence along Grove Street to Burlington Street, thence along Burlington Street to Hancock Street, thence along Hancock Street to Coolidge Avenue, thence along Coolidge Avenue to Adams Street, thence along Adams Street to Woodland Road, thence along Woodland Road to Colony Road, thence along Colony Road to Grant Street, thence along Grant Street to Hayes Lane, thence along Hayes Lane to Woburn Street at the Boston and Maine Railroad, thence along the Boston and Maine Rail- road to the northwesterly line of the private way leading to the East Lexington Depot, thence in a straight line to the southwesterly end of Bartlett Avenue at Monroe Brook, thence along Bartlett Avenue to Lowell Street, thence along Lowell Street to Summer Street, thence along Summer Street to the Arlington-Lexington town line, thence along the Arlington-Lexington town line to the point of beginning. 22.3 RT - two family dwelling districts include the land RT Districts Description described as follows: 22.31 A district on the southwesterly side of Massachu- setts Avenue extending from a line westerly of and distant 100 feet from the westerly line of Sylvia Street to a line easterly of and distant 100 feet from the easterly line of Charles Street and for a depth of 100 feet throughout. 22.32 A district on the southwesterly side of Massachu- setts Avenue extending from the westerly line of Lisbeth Street to the southeasterly line of Plainfield Street and for a depth of 100 feet throughout with the exception of a business district designated therein. 22.33 A district between the northeasterly line of Massachusetts Avenue and the railroad right-of-way extending from the northwesterly line of the private way leading to the East Lexington Depot to a line southeasterly of and distant 100 feet from the south- easterly line of Maple Street with the exception of a business dis- trict designated as located therein. 22.4 RM - multi-family dwelling districts include the land RM Districts described as follows: Description 22.41 A district bounded on the southwest by Massa- chusetts Avenue, on the north by Woburn Street, on the northeast by the Boston and Maine Railroad right-of-way and on the southeast by Muzzey Junior High School lot. 22.42 A district on the easterly side of Waltham Street beginning at a stone bound situated on the easterly side line of said Waltham Street at the intersection of land now or formerly of Louise J. Carter and the Vine Brook Realty Trust and thence run- ning northerly along the easterly side line of Waltham Street eight hundred fifty (850) feet to a point; thence turning at right angles -7- to said easterly side line of Waltham 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 point 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. There is excepted from the foregoing, however, the land situated northerly of Worthen Road as shown on plan entitled "Vine Brook Meadows Section Two Lexington, Mass." dated June 12, 1960, Albert A. Miller-Wilbur C. Nylander, Civil Engineers and Surveyors, recorded in Middlesex South District Registry of Deeds as Plan No. 209 of 1961, Book 9762, Page 142 and filed in the Land Registration Office as Plan No. 27677 D. 22.43 A district on the southeasterly side of Maple Street beginning at a point on the southeasterly side line of said Street at the intersection of land of Robert Chapman and the Town of Arlington, thence running southeasterly by land of the Town of Arlington 743.7 feet, more or less, to a point; thence turning at an angle and running easterly by land of the Town of Arlington 367 feet, more or less, to a point at a brook; thence turning at an angle and continuing easterly by land of the Town of Arlington 307.7 feet more or less, to a point at the intersection of land of the Town of Arlington, land now or formerly of Lexwood Poultry Farms, Inc. , and land now or formerly of Harry D. Hull; thence turning at an angle and continuing easterly by land now or formerly of Harry D. Hull 300 feet, more or less, to a point; thence turning at an angle and running northerly by land of Lexwood Poultry Farms, Inc. 130 feet, more or less, to a point; thence turning at right angles and running westerly by the land of said Lexwood Poultry Farms, Inc. 580 feet, more or less, to a point at a brook; thence turning at an angle of 35 degrees 15' more or less, and running northwesterly by land of Paul TTocci, Inc. , 935 feet, more or less, to a point on the southeasterly side line of Maple Street; thence turning at a right angle and running in a southwesterly direction along the south- easterly side line of Maple Street 350 feet more or less, to the point of beginning. The above describes an area of land approximately 480,000 sq.ft. , or 11 acres, more or less. 22.44 A district situated on the southerly side of Worthen Road, lying between Massachusetts Avenue and Bedford Street bounded and described as follows: Northwesterly by Worthen Road, 389 feet, more or less; north- easterly by land now or formerly of Rayco Realty Trust, 507 feet, more or less; southeasterly by land now or formerly of John P. & Loretta B. Whalen and Town of Lexington, 389 feet, more or less; southwesterly by land now or formerly of Roman Catholic Archbishop of Boston, 427 feet, more or less; said area containing 4.1 acres, more or less. -6- 22.45 A district on the southwesterly side of Shirley Street and on the southeasterly side of Hill Street and being shown as Lot B on a plan by Albert A. Miller and Wilbur C. Nylander, Civil Engineers and Surveyors, dated October 8, 1964, and being further bounded and described as follows: Beginning at a point at the northwesterly corner of Shirley Street at land of John F. Murphy; thence running northwesterly by said land of Murphy, 123.34 feet to a point; thence turning and running southwesterly by Lot C as shown on said plan and by land of Mary J. Bullock, John F. Bullock, Ralph L. Bullock and George E. Bullock and by land Of Arthur C. Ruge and Florence B. Ruge, 820.81 feet to other land of said Arthur C. Ruge and Florence B. Ruge; thence turning and running southeasterly by other land of Arthur C. Ruge and Florence B. Ruge, 277.06 feet to a point; thence turning and running northeasterly by Lot A as shown on said plan 857.98 feet to the westerly corner of land of Custance Brothers, Inc. ; thence running northeasterly by said land of Custance Brothers, Inc. 152.85 feet to land of Alice T. McCarthy; thence turning and running northwesterly by land of Alice T. McCarthy by two bounds, 50.36 feet and 114.20 feet and by land of Edward P. Colbert and Gloria D. Colbert, 120 feet and by land of owner unknown, 117.29 feet to land of Walter F. Spellman and Mary A. Spellman; thence turning and run- ning southwesterly by land of Walter F. Spellman and Mary A. Spellman and land of John R. Driscoll, Jr. and Kathleen Driscoll and by land of Albert J. Saganich, 150.75 feet to a point; thence turn- ing and running northwesterly by said land of Albert J. Saganich, 136.15 feetand by the southwesterly side line of Shirley Street, 40.14 feet and to the point of beginning. Section 23. Geographical descriptions of commercial and industrial Geographical districts. Descriptions 23.1 CR - office and research park districts include the CR Districts land described as follows: Description 23.11 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 the easterly line of Route 2-Route 128 Interchange, so-called; thence northerly and northwesterly along the easterly and northeasterly lines of said Interchange; thence northerly along the easterly line of the Northern Circumferential Highway (Route 128) to 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 S28°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 S64°17'10"E by said parallel line 395 feet; thence S42°25'10"E by a line parallel with and 250 feet dis- tant at right angle southwesterly from the northeasterly line of 19^ Shade Street 450 feet; thence S47°W about 360 feet; thence S22°E about 885 feet; thence S39°09'50"E along the southwesterly lines of lots 234 through 252 shown on Land Court Plan 6962C 932.40 feet; thence N65°38'10"E 206.87 feet along said lot 252; thence S39°09'50"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 S4°W 240.64 feet; thence S78°E 262.50 feet; thence S39°09'50"E about 145 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 southwesterly line of the location of Old Shade Street; thence southeasterly and southerly by lines parallel with and 100 feet distant 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 northerly from land now or formerly of Clarence M. Cutler; thence westerly, south- westerly 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 Highway; and thence westerly and northwesterly along the northerly and northeasterly lines of the Cambridge-Concord Highway to the point of beginning. 23.12 A district on the westerly side of Wood Street and abutting upon the Laurence C. Hanscom Field (Bedford Airport) and bounded and described as follows: Beginning at a point in the westerly line of Wood Street, at land of the United States of America; thence running N63°34'30"W by land of the United Staten of America, distant 348.63 feet to a point; thence turning and running Nl°33'40"W by land of the United States of America, distant 300.00 feet to a point; thence running N5°22'30"E by land of the. United States of America, distant 616.21 feet to a point in the westerly line of Wood Street; thence turning and running by a curve to the right with a radius of 594.55 feet by the westerly line of Wood Street, distant 299.26 feet to a point; thence running S30°24'0O'E by said westerly line of Wood Street, distant 267.61 feet to a point; thence running by a curve to the right with a radius of 474.66 feet by said westerly line of Wood Street, distant 492.09 feet to a point; and thence running S29°00'00"W by said westerly line of Wood Street, distant 179.93 feet to the point of beginning. 23.13 A district on the southwesterly side of Marrett Road and the Northwesterly side of the Northern Circumferential Highway (Route 128) and bounded and described as follows: Beginning at a Massachusetts highway bound at the inter- section of the southwesterly line of Marrett Road and a southwesterly line of the Marrett Road-Route 128 interchange, so-called; thence South 40°31'20"E by said southwesterly line of said interchange, dis- tant 55.16 feet; thence S43°34'46"W by said interchange, distant 84.34 feet; thence S40°31'20"E, distant 201.06 feet; thence South 20045'22"E, distant 163.00 Feet; thence S47°16'43"W, distant 60.00 feet; thence S42°43'l7"E, distant 44.20 feet; thence S18°54'53"W, -10- distant 522.71 feet; thence S32°53'53"W, distant 678.55 feet, all by said interchange; thence N68°19'10"W, distant 36.96 feet; thence N75°07'50"W, distant 149.01 feet; thence S32°37'30"W, distant 168.32 feet; all by land now or formerly of the City of Cambridge or now or formerly of Antonio Venuti and Concetta Venuti; thence N72°34'00"W, distant 352.36 feet; thence N27°27'00"W, distant 257.35 feet; thence N27°24'20"W, distant 89.39 feet; thence N15°30'00"E, distant 88.01 feet; thence N16°15'30"E, distant 87.87 feet; thence N26°30'30"E, distant 10.76 feet; thence N58°43'10"W, distant 347.08 feet, all by land now or formerly of the City of Cambridge; thence N18°16'40"E by land now or formerly of Edwin John Lee, distant 1073.63 feet; thence S39°43'36"E by land now or formerly of Florence K. Hargrove, distant 326.17 feet; thence N82°25'50"E by land now or formerly of Bedros H. Bashian et al, distant 30.74 feet; thence N80°47'50"E, distant 77.74 feet; thence N82°11'10"E, distant 86.71 feet; thence N85°44'00"E, distant 13.15 feet; thence N51°48'10"E, distant 463.41 feet; thence S62°18'50"E, distant 70.09 feet; thence S60°42'20"E, distant 67.99 feet; thence S70°06'00"E, distant 52.36 feet to a point in the south- westerly line of Marrett Road, all by said land of Bedros H. Bashian et al; and thence running southeasterly by a curve to the left with a radius of 644.42 feet by said southwesterly line of Marrett Road, distant 174.17 feet to the point of beginning. 23.14 A district on the Town of Lexington and City of Waltham boundary on the easterly side of the Northern Circumferen- tial Highway (Route 128) , on the southeasterly side of the Route 128- Route 2 Interchange, so-called, and the westerly side of Spring Street, bounded and described as follows: Beginning at a point on the westerly line of Spring Street at the common boundary of the Town of Lexington and City of Waltham, thence westerly along such boundary of the Town of Lexington and City of Waltham, to the easterly line of the Northern Circumferen- tial Highway (Route 128) ; thence northerly along the easterly line of the Northern Circumferential Highway (Route 128) to the inter- section of the easterly line of the Northern Circumferential High- way (Route 128) and the southeasterly line of Route 128-Route 2 Interchange, so-called; thence northeasterly and easterly, by two lines, along the southeasterly and southerly lines of said Inter- change, to a point on the common boundary of said Interchange and land of Lexington Investment Trust and land now or formerly of Chester and Isabelle Lamantea; thence southeasterly and southwesterly by land now or formerly of Chester and Isabelle Lamantea, Benjamin A. and Ann L. Greene, Francis A. and Thelma P. Gallagher, Michael J. and Helen M. Lynch, Robert C. and Patricia D. Snodgrass, Dominick and Catherine Morley, Warren W. and Elizabeth B. Fox, and William and Eileen Cowles; thence southeasterly along a line parallel to and seventy (70) feet northeasterly from the common boundary of the Town of Lexington and City of Waltham six hundred sixty-three (663) feet, more or less, to the westerly line of Spring Street; thence south- erly by the westerly line of Spring Street, seventy-four (74) feet, more or less, to the point of beginning at the boundary of the Town of Lexington and City of Waltham. -11- CH Districts 23.2 CH - hotel, office and research park districts Description include the land described as follows: 231_21 A district on the southwesterly side of Bedford Street bounded and described as follows: northeast- erly by Bedford Street, southeasterly by the Route 4 and 225- Route 128 Interchange, southwesterly by a line parallel to and 1200 feet equi-distant from the northeasterly side of the Boston & Maine Railroad right-of-way and northwesterly by Hartwell Avenue. 23.22 A district situated on the westerly side of the State Highway (Route 128) and the easterly side of Marrett Road bounded and described as follows: Easterly by the westerly side of the State Highway (Route 128) four hundred (400) feet, more or less; northerly by other land of Frida Semler Seabury and Arthur F. Hinds et als twelve hundred sixty (1260) feet, more or less; easterly by land of said Hinds one hundred seventy (170) feet, more or less; northwesterly by land of Maurice D. Healy by two bounds, said bounds being of two hundred ninety-two (292) feet, more or less, and two hundred one (201) feet, more or less re- spectively; southwesterly by Marrett Road nine hundred thirty (930) feet, more or less; southeasterly, southwesterly, south- easterly, southwesterly as shown by land now or formerly of Grigor by four bounds of twenty-eight (28) feet, more or less, two hundred three (203) feet, more or less, seventy (70) feet, more or less, three hundred seventy (370) feet, more or less; southerly three hundred forty (340) feet, more or less; to the point of beginning at the State Highway (Route 128) . CM Districts 23,1. CM - manufacturing and research park districts Description include the land described as follows: 23.31 A district on the northwesterly side of the Northern Circumferential Highway (Route 128) and bounded and described as follows: beginning at a point on the north- westerly line of the Route 4 and 225-Route 128 Interchange, so-called, said point being 1200 feet distant and at right angle from the northeasterly side of the Boston & Maine Rail- road right-of-way; thence southerly along the westerly line of said Interchange; thence southwesterly along the northwesterly line of the Northern Circumferential Highway (Route 128) to a point, said point being 2400 feet distant and at right angle from the southwesterly side of said Boston & Maine Railroad right-of-way; thence northwesterly along a line parallel to and 2400 feet distant from said southwesterly side of the Boston & Maine Railroad right-of-way to a point on the south- easterly line of Hartwell Avenue; thence northeasterly along said southeasterly line of said Hartwell Avenue to a point 1200 feet distant and at right angle from the northeasterly side of the Boston & Maine Railroad right-of-way; thence south- easterly along a line parallel to and 1200 feet equi-distant from said Boston & Maine Railroad right-of-way to the point of beginning. -12- 23.32 A district northwesterly of Hartwell Avenue and bounded and described as follows: beginning at a point on the north- erly line of Wood Street at land of the United States of America; thence northwesterly, northerly, northeasterly and again northwesterly along the northeasterly, easterly, southeasterly and again northeast- erly lines of said land of the United States of America to the Lexing- ton-Bedford town line; thence northeasterly along said town line to the southerly line of Westview Street; thence easterly and northeast- erly along the southerly and southeasterly line of said Westview Street to the section of said street relocated in 1959; thence south- easterly along the southwesterly line of said relocated street to Hartwell Avenue; thence southwesterly along the northwesterly line of Hartwell Avenue to Wood Street; thence westerly along the northerly line of Wood Street to the point of beginning. 23.4 CO - office districts include the land described as CO Districts follows: Description 23.41 A district on the easterly side of Waltham Street partly adjacent to the common boundary line of Lexington and Waltham, bounded and described as follows: Beginning at a point on the easterly side of Waltham Street at the common boundary of Lexington and Waltham; thence running south- easterly by the Lexington-Waltham common boundary line three hundred seventy (370) feet, more or less, to land now or formerly of Salvatore Ricci; thence running northeasterly by land now or formerly of said Ricci, three hundred seventy-five (375) feet, more or less; thence running northerly by land now or formerly of said Ricci to land of Leonard V. Short, four hundred forty-two (442) feet, more or less; thence running westerly by land of said Short two hundred forty (240) feet, more or less, to Waltham Street; thence southwesterly by Waltham Street, six hundred ninety-five (695) feet, more or less, to the point of beginning. There is excepted from the above described land the parcel bounded and described as follows: southerly by the Lexington-Waltham line 200 feet; westerly by Waltham Street, 140 feet, more or less; northerly by land, now or formerly of Leonard V. Short, 200 feet; and easterly by land, now or formerly, of said Short, 140 feet, more or less. 23.42 A district on the northerly side of Worthen Road bounded and described as follows: southeasterly by Worthen Road by five courses measuring respectively, twenty-five (25) feet, one hundred eleven and 63/100 (111.63) feet, three hundred forty-eight and 26/100 (348.26) feet, one hundred nineteen and 2/100 (119.02) feet, and ninety- two and 97/100 (92.97) feet; northeasterly by land now or formerly of First National Stores, Inc. , and Custance Brothers, Inc. four hundred seventy-six and 82/100 (476.82) feet; northwesterly by land of Town of Lexington, Lexington Housing Authority, eight hundred fifty-seven and 98/100 (857.98) feet; southwesterly by land of Arthur C. and Florence B. Ruge, three hundred and thirty-seven and 93/100 (337.93) feet; north- westerly by land of said Arthur C. and Florence B. Ruge, twenty-five (25) feet; and southwesterly by land of Grace Chapel, Inc. , four hun- dred fifty (450) feet, more or less, to the point of beginning. 23.5 CS - Service and trade districts include the land de- CS Districts , scribed as follows: (none) Description -13- CN Districts 23.6 CN - neighborh000d business districts include the land Description described as follows: 23.61 A district on the easterly side of Bedford Street between North Hancock Street and Harding Road beginning at a point on the northerly sideline of North Hancock Street, said point being west- erly and a distance of 22.5 feet, more or less, from the westerly terminus of a curve of 281.86 feet radius; thence westerly a distance of 110.7 feet, more or less, to a point of curvature; thence following the northerly sideline of North Hancock Street, the easterly sideline of Bedford Street and the southeasterly sideline of Harding Road to Lot 12 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 6988, Page 1; thence southeasterly along the southwesterly lot line of said Lot 12 a distance of 107.68 feet to a point; thence easterly along the southerly lot line of said Lot 12 a distance of 75 feet, more or less, to a point; thence southerly by a straight line running in part along the westerly boundary of the lot shown on plan entitled "Land on North Hancock St. Lexington Belonging to Heirs of Olive J. Smith," recorded in said Registry of Deeds in Book 3214, End, a distance of 119 feet, more or less, to the point of begin- ning. 23.62 A district on the northerly side of Marrett Road beginning at a point 69.50 feet westerly of the westerly terminus of a curve of 215.47 feet radius; thence westerly along the northerly line of said Marrett Road a distance of 197.70 feet to a point; thence northerly a distance of 214.15 feet to a point; thence westerly a distance of 86.04 feet to a point; thence northeasterly a distance of 78.12 feet to a point; thence southwesterly a distance of 60 feet to a point; thence westerly a distance of 15.3 feet to a point; thence southerly a distance of 200.9 feet to the point of beginning, said district including lots 193, 194 and 195 as shown on a plan recorded in the Middlesex South Dis- trict Registry of Deeds in Book 349, Page 49, and Lot 239 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 321, Page 5. 23.63 A district at the intersection of the northeast- erly line of Lincoln Street with the easterly line of School Street, ex- tending for a distance of 200 feet southeasterly along said Lincoln Street and for a distance of 200 feet northerly along said School Street and for a depth of 200 feet from the lines of said streets. 23,64 A district at the southwesterly corner of Waltham Street and Concord Avenue beginning at a point on the southerly line of said Concord Avenue; thence bearing to the right with a curve of 69.17 feet radius, a distance of 90.99 feet to a point of tangency in the westerly line of said Waltham Street; thence S05°39'05"E, a distance of 42.06 feet to a point of curvature; thence bearing to the right with a curve of 1,945.62 feet radius, a distance of 52.94 feet to a point; thence N81°04'20"W, a distance of 150 feet to a point; thence N50°22'30"W a distance of 148.54 feet to a point in the southerly line of Concord Avenue; thence S81°01'25"E, a distance of 96.61 feet to the point of beginning. 23.65 A district at the southeasterly corner of Waltham Street and Concord Avenue beginning at a point on the southerly line of Concord Avenue; thence along said southerly line S79°43'15"E, a distance of 68.52 feet to a point; thence S11°14'55"W, a distance of 160.45 feet to a point; thence westerly a distance of 99.50 feet to a point in the easterly line of said Waltham Street; thence northerly along said easterly -14- line of Waltham Street bearing to the left by a curve of 2,005.62 feet radius, a distance of 95.33 feet to a point of reverse curvature; thence bearing to the right by a curve of 60.97 feet radius, a distance of 112.72 feet to the point of beginning. 23.66 A district on the westerly side of Bed- ford Street beginning at a point on the southwesterly side of Bedford Street, said point being 154 feet northwesterly from a stone bound at the southeasterly terminus of a curve of 866.4 feet radius, and extending southeasterly along Bed- ford Street to the northeasterly sideline of Reed Street and to a depth of 100 feet from the adjacent sideline of Bedford Street. 23.67 A district on the northeasterly side of Bedford Street beginning at the intersection of the north- easterly sideline of Bedford Street with the northerly side- line of the Boston & Maine Railroad right-of-way; thence northwesterly by said sideline of Bedford Street, a distance of 152.2 feet, more or less, to the northwesterly boundary of land now or formerly of Dynel Incorporated; thence north- easterly by said boundary 100 feet; thence southeasterly by a line parallel to and 100 feet northeasterly from the north- easterly sideline of Bedford Street to the northerly side- line of the Boston & Maine Railroad right-of-way; thence by said sideline of the Boston and Maine Railroad northwesterly to the point of beginning. 23.68 A district at the northwesterly corner of Waltham Street and Concord Avenue extending 200 feet northerly along the westerly sideline of Waltham Street and 200 feet westerly along the northerly sideline of Concord Avenue from the intersection of said lines; thence back at right angles to each said street until the lines intersect. 23.7 CG - General business districts include the CC Districts land described as follows: Description 23.71 A district on the southwesterly side of Massachusetts Avenue extending from the Arlington line west- erly to a point 100 feet beyond the westerly line of Sylvia Street and a depth throughout of 100 feet from said south- westerly line of Massachusetts Avenue. 23.72 A district on the easterly side of Massachusetts Avenue beginning at the intersection of the easterly line of Massachusetts Avenue with the more southerly line of Curve Street; thence easterly along said southerly line of Curve Street distant about 100 feet to a point; thence southerly by a straight line distant about 83 feet to a point; thence westerly by a straight line distant about 100 feet to a point in the said easterly line of Massachusetts Avenue; thence northerly 80.30 feet to the point of beginning. -15- 23.73 A district on the westerly side of Massachusetts Avenue beginning at the intersection of the westerly line of Massachusetts Avenue with the southerly line of Independence Avenue; thence southerly along said westerly line of Massachusetts Avenue distant 88 feet to a point; thence westerly by a straight line distant 100 feet to a point; thence northerly by a straight line distant 88 feet, more or less, to a point in the southerly line of Indepen- dence Avenue; thence easterly along said southerly line of Independence Avenue distant 100 feet to the point of beginning. 23.74 A district on the northeasterly side of Bedford Street beginning at the intersection of the north- easterly line of Bedford Street and the southeasterly lot line of land now of the Middlesex & Boston Street Railway Company; thence northeasterly along said lot line and the extension of said lot line to a point in the southwesterly line of the railroad right-of-way; thence northwesterly along said southwesterly line of the railroad right-of-way to a point in the northeasterly line of Bedford Street; thence southeasterly along said northeasterly line of Bedford Street to the point of beginning. 23.75 A district on the southwesterly side of Bedford Street between the railroad right-of-way and the North Lexington Brook beginning at the intersection of the southwesterly line of Bedford Street with the northeasterly line of the railroad right-of-way; thence northwesterly along said northeasterly line of the railroad right-of-way distant about 740 feet to a point; thence northeasterly distant about 152 feet to a point at the center line of the North Lexington Brook; thence southeasterly along the said center line of the North Lexington Brook about 490 feet to a point in the said southwesterly line of Bedford Street; thence southeasterly distant about 265 feet to the point of beginning. . 23.76 A district at the northeasterly corner of Marrett Road and Waltham Street beginning at a point in the northeasterly side of said Marrett Road, said point being the intersection of said street line with the lot line be- tween Lots 80 and 81 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 274, Page 43; thence northwesterly along the northeasterly line of said Marrett Road to a point on the easterly side of said Waltham Street; thence easterly along the southerly line of Grapevine Avenue to its intersection with the rear lot line of Lot 78B as shown on a plan recorded in the Middlesex South District Registry of Deeds, Book 365, Page 32, : thence southeasterly along the northeasterly lines of Lot 78B, 79 and 80 as shown on plans hereinabove referred to distant 177.35 feet to a point; thence southwesterly distant 121.71 feet to the point of beginning. 23.77 A district at the southeasterly corner of Marrett Road and Waltham Street beginning at a point in the easterly line of said Waltham Street, said point being the -16- intersection of said street line with the lot line between Lots A and D as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 7185, Page 474; thence northerly along the easterly line of said Waltham Street and southeasterly along the southwesterly line of said Marrett Road to its intersection with the lot line be- tween Lots 22 and 23 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 273, Page 9; thence southwesterly distant 123.24 feet to a point; thence northwesterly distant 14.20 feet to a point; thence westerly distant 104.26 feet to the point of beginning. 23.78 A district at the southwesterly corner of Marrett Road and Waltham Street, consisting of an area 200 feet wide, running southerly from the southerly line of said Marrett Road along the westerly side of said Waltham Street distant 360.35 feet to a lot line as shown on Land Court Plan #18315A. 23.79_, A district at the westerly corner of Marrett Road and Spring Street and running westerly along the southerly side of said Marrett Road distant 411.14 feet from the westerly terminus of a curve of 265.47 feet radius to the westerly lot line of Lot 235 as shown on a plan re- corded in Middlesex South District Registry of Deeds in Book 321, Page 5, and running southwesterly along the northwest- erly side of said Spring Street distant 85.19 feet from the southwesterly terminus of a curve of 32.60 feet radius to the southerly lot line of Lot 230C as shown on a plan recorded in said Registry of Deeds in Book 361, Page 20, and extend- ing southerly from said southerly side of Marrett Road to the southerly lot lines of Lots 230C, 230B, 230A, 231, 232, 233, 234, and 235, all of said lots being shown on said plans hereinabove referred to. 23.80 A district at the southeasterly corner of Lincoln Street and Marrett Road beginning at a point in the easterly line of Marrett Road; thence bearing to the right with a curve of 60 feet radius distant 95.61 feet to a point of tangency in the southerly line of said Lincoln Street; thence N83°39'E distant 42.50 feet to a point of curvature, thence bearing to the right with a curve of 626.96 feet radius distant 74.60 feet to a point; thence southerly along a lot line distant 158 feet to a point; said lot line being described in a deed recorded in the Middlesex South District Registry of Deeds in Book 4491, Page 161; thence easterly along the northerly lot line of Lot 9 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 4273 at the end, distant 240 feet to a point; thence along the easterly lot lines of said Lot 9 and Lot 8 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 382, Page 2, by two courses distant 157 feet to a point; thence westerly along the southerly lot line of said Lot 8 distant 330 feet to a point in the easterly line of said Marrett Road; thence N7°39'W distant 304.03 feet to the point of beginning. -17- Said district shall also include adjoining land bounded as follows: Easterly by land described in the pre- ceding sentence three hundred forty-two and 93/100 (342.93) feet; southerly by land of Rayco Realty Trust sixteen and , 37/100 (16.37) feet, westerly by land now or formerly of Whalen three hundred twenty-seven and 40/100 (327.40) feet; and northerly by Worthen Road, sixty-six and 69/100 (66.69) feet. 23.96 A district on the northeasterly side of Bedford Street between the northeasterly line of said Bed- ford Street and the westerly side of the railroad right-of- way, extending from the southeasterly lot line of land now or formerly owned by the Christopher S. Ryan Estate to the northwesterly lot line of property now or formerly owned by the Lexington Lumber Corporation. 23.97 A district on the southwesterly side of Massachusetts Avenue beginning at the intersection of the southwesterly line of said Massachusetts Avenue with the southeasterly line of Waltham Street; thence running south- easterly along said southwesterly line of. Massachusetts Avenue distant about 800 feet to a point; thence southwest- erly along a lot line distant about 295 feet to a point; thence northwesterly along the northeasterly lot lines of Lots 14B, 14A, 13, 12, 19, 20, 10 and 9, said lots being shown on Land Court Plan 9469, distant about 470 feet to a point; thence northwesterly about 215 feet to a point, thence southwesterly distant about 137 feet to a point in the northeasterly line of Vine Brook Road; thence northwesterly along said northeasterly line of Vine Brook Road to the south- easterly line of Waltham Street; thence northeasterly along said southeasterly line of said Waltham Street to the point of beginning. Permitted Section 24. No land shall be used and no structure shall be Land Uses erected or used, except as set forth in the following Use Regulations Schedule or as exempted by Section 31 or by General Laws. Symbols Symbols employed in the Use Regulations Schedule shall mean the following: "Yes" - permitted as of right; "No" - prohibited; "SP" - permitted only under a Special Permit for an exception granted by the Board of Appeals, as provided for in Subsection 12.2 of this By-Law; "SPS" - use permitted, but the construction, reconstruction, substantial alteration of or addition to buildings for such uses shall be subject to a Special Permit as above with the additional site plan review re- quirements of Section 13 hereof. Specific 24.1 Where an activity might be classified under more Classifies- than one of the uses listed in the Use Regulations Schedule, tion -20- the more specific classification shall determine permissibility; if equally specific the more restrictive shall govern. 24.2 In the following Use Regulations Schedule the uses enumerated under the captions "as a principal use" and Principal and numbered 25.10 through 25.74 inclusive are the principal uses Accessory Uses of buildings or land; the uses enumerated under the caption "as accessory use" and numbered 25.80 to 25.92 inclusive are accessory uses within the definition of Section 40 of this By- Law; the uses enumerated under the caption "as principal or accessory use" and numbered 25.94 to 25.96 inclusive, include all uses, whether principal or accessory. 24_.3 Uses and buildings not listed in the Use Regula- Accessory Use tions Schedule and not prohibited as dangerous or disturbing to Principal or detrimental (see 25.95) are permitted if accessory to a principal permitted use listed herein and conforming to all Use other provisions of this By-Law and not in violation of any other municipal By-Law or General Laws. 24.4 Residential apartments under Paragraph 25.13 may Residential only be permitted by Special Permit under Subsection 12.2 in Apartments the same structure with one or more of uses listed in Para- graphs 25.40, 25.41, 25.42, 25.62, 25.63, 25.64, 25.65, 25.66 of the Use Regulations Schedule and subject to the following conditions: 24.41 There shall be no apartments on other Second and than the second and third floors, and no other use on the same Third Floor floor as apartments or on any floor above such apartments. Apartments 24.42 There shall be provided on the same lot Parking as the apartments and reserved for use by the tenants of such apartments parking facilities equivalent to at least one park- ing space for each room designed for or used as a bedroom. 24.43 There shall be provided and maintained on Landscaped the same lot as the apartments an open, landscaped area, avail- able and accessible to the apartment tenants, containing an Area aggregate area not less than the gross floor area allocated to apartments, or one-fourth acre per apartment structure, which- ever is greater, provided, however, that hese conditions shall be deemed to be satisfied by the existence of public park, recreation or open space land located contiguous to such lot or separated therefrom only by a street designated for not more than two traffic lanes. -21- Section25 - USE REGULATIONS SCHEDULE Use Designation District RO As a Principal Use FS RT RM CR CH CM CO CS CN CG CE 25.10 One family dwellings Yes Yes Yes Yes Yes fes Yes Yes Yes Yes Yes % 25.11 Two-family dwellings No Yes No No No No No No No Yes Yes = ,-,, 25.12 Garden apartments* (each must be connected to public sanitary sewer) . . . . No No SPS No No No No No No No No 0 T.1 25.13 Apartments on second and third floor of business buildings (see subsection 24.4) No No No No No No No No No No SP 4 25.14 Hotel or motor hotel (must be connected to public sanitary sewer) No No No No SPS No No No No SPS SPS T, 25.15 Dwelling conversion to two-family SP Yes SP SP SP SP SP SP SP Yes Yes *Provided that no living quarters shall be located below the mean finished grade of the ground adjoining the building, nor above the second story Religious, sectarian or denominational schools, buildings and uses, including m 25.20 parish houses and rectories: public schools, parks, playgrounds: municipal buildings and uses Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes • 25.21 Other schools SP SP SP SP SP SP SP SP SP SP SP a 25.22 Hospitals, sanitaria, nursing, convalescent and rest homes, homes for the aged, .2 charitable institutions, cemeteries SP SP SP SP SP SP SP SP SP SP SP 0 Passenger stations, landing fields, telephone exchanges, radio and television %• 25.23 transmitting sites; sites, buildings and uses for other public services: private water towers and reservoirs SP SP SP SP SP SP SP SP SP SP SP • 25.24 Private parks, playgrounds, clubs and recreation buildings of a non-commercial and non-profit nature, standard or par-three golf course SP SP SP SP SP SP SP SP SP SP SP 25.25 Miniature, pitch and putt, driving and novelty golf installations No No No No No No No No No SP SP • 25.26 Billiard rooms, bowling alleys, dance halls, skating rinks, theaters and similar commercial amusement places No No No No No No No No No No SP 25.27 Places and buildings for public assembly SP SP SP SP SP SP SP SP SP SP SP 25.30 Commercial raising, boarding, breeding or keeping of fur-bearing animals . . . SP SP SP SP SP SP SP SP SP SP SP 25.31 Greenhouses, including conservatories SP SP SP SP SP SP SP SP SP SP SP Other farms, including truck gardens and nurseries, but only tools,equipment • 25.32 and vehicles incidental to the actual use of the premises may be stored thereon Yes les Yes Yes Yes Yes Yes Yes Yes Yes Yes O'c 25.33 Roadside stands (for two-year terms) SP 3P SP SP SP SP SP SP SP Yes Yes 25.34 Seasonal sale of Christmas trees and wreaths SP 3P SP SP SP SP SP Yes SP Yes Yes 25.40 Physicians, dentists, opticians, real estate brokers go No No SPS SPS SPS SPS No Yes Yes Yes Offices of salesmen, agents and representatives of manufacturing, distributing, 25.41 insurance and wholesale companies No No No SPS SPS SPS SPS No No Yes Yes • 25.42 Administrative, executive, professional and similar offices No go No SPS SPS SPS SPS No No Yes Yes • 25.50 Retail gasoline, oil and lubrication stations and places of business for the sale and installation of tires and other automobile accessories, maintenance and minor repairs of motor vehicles No No No No No No No No SP* SP SP 2 25.51 Gasoline service stations incidental to a permitted automotive repair shop . No No No No No No No SP No SP SP *Where in the opinion of the Board of Appeals a clearly established need will be served thereby, and subject to such conditions, restrictions and safe- guards as the Board of Appeals may impose to protect the character of neighbor- hood and to reduce interference with the safe and convenient flow of traffic. r - - _ - _ „.„ Section 25 - USE REGULATIOJS SC'EDULE (Continued) - 1 Use Designation District As a Principal Use RO RS RT RM CR CH CM ICO CS CN CG CB • 25.52 Parking of motor vehicles (not accessory to a permitted use on the same lot) No No No No No No No No No SP SP d 25.53 Major mechanical repairs, auto body repairs No No No No No No No SP No SP SP a a Storage, retail sales and rental of automobiles, aircraft, marine craft, farm ▪ 25.54 and other heavy machinery and vehicles, including the accessories thereof: com- oe mercial car wash establishments, if not detrimental to neighboring areas, par- d ticularly with regard to safe and convenient flow of traffic No No No No No No No SP No SP SP L < 25.55 Automobile graveyards No No No No No No No No No No No 25.60 Retail dealers in bottled gas, grain, animal feed, ice and milk No No No No No No No Yes No SP Yea 25.61 Billboards, retail liquor stores No No No No No No No No No No Yea I Drugstores, retail stores for sale of beauty and health aids, medicines, medical supplies, food not intended for consumption on the premises, smoking supplies, 25.62 periodicals, books, stationery, toys, hardware, arts and crafts supplies; branch banks; service businesses primarily serving neighborhood needs, such as m but not limited to barbers, hairdressers, beauticians, manicurists: watch, shoe a or clothing repairs No No 90 No No No No No Yes Yes Yes a a Retail stores other than above; banks; drive-in restaurants and other places 0 L 25.63 for serving food, except diner or lunch cart; caterer, confectioner, decorator, hand laundry, florist, photographer No No slo No No No No No No Yes Yes • 25.64 Self-service automatic laundry and dry cleaning establishments, pick-up stations 1 N of cleansing, laundry and dyeing plants No No 4o No No No No No SP Yes Yea 1 25.65 Radio, television and electrical appliance repairs No No No No No No No Yes No Yes Yes H Dressmaking or tailoring establishments, including those specializing in altera- 25.66 tions, furriers, milliners, printing shops, bakeries and similar shops or trades a provided that all work shall be of custom or job order type for sale on the o premises and that there shall be no production for stock or for wholesale No No No No No No No : SP No Yes Yea ,.i Sale of air conditioning, heating, refrigerating and plumbing quipment and a supplies, lumber, fuel, structural and building materials and supplies; general I a 25.67 building, building maintenance, landscaping, electrical and similar contractors, masons, carpenters, well-drillers, blacksmiths and locksmiths, reupholstering furniture and other similar repair services No No No No No No No Yes No SP SP 25.66 Undertakers, funeral homes No No No No No No SP No SP SP SP 25.69 Diners or lunch carts; treatment, boarding and care of animals; commercial non- manufacturing uses other than those enumerated elsewhere in Use Regulations Schedule No No No No No No No No No SP 3P 25.70 Light manufacturing, including bakeries without retail sales No No No No No SPS No No No No No a Laboratories engaged in research, experimental and testing activities, including 25.71 but not limited to the fields of biology, chemistry, electronics, engineering, ro geology, medicine and physics No No No SPS SPS SPS No No No SP SP Storage and distribution of packaged articles owned by the occupant, provided m 25.72 that all storage shall be inside the walls of buildings of first or second class construction No No No No No SPS No No No SP 3P 1-1• 25.73 Removal of earth materials SP SP SP SP SP SP SP SP SP SP 3P Section 25 - USE REGULATIONS SCHEDULE (Continued) Use Designation i District IRO As a Principal Use RT RN CRI CH CM CO ICS CN CG CB rvc 25 74 Production of articles wholly or in substantial part from materials excavated . or grown on premises (for yearly terms) SP SP SP SP SP SP SP SP SP SP SP As Accessory Use Only (see definition) Taking not more than four boarders or letting or renting of rooms without cook- ing facilities to not more than four persons, or both, in an existing dwelling by a family resident therein;* home occupation (see definition) in any existing 1 25 80 dwelling; accessory signs subject to Sections 34 and 35 hereof and the Town Sign 1 . By-Law: garage space for parking not more than three automobiles, one of which • I I may be a commercial vehicle if owned or used by a person resident in the dwell- ing to which the garage is accessory; outdoor parking of non-commercial , I vehicles:** swimming pools, provided that any such pool which meets the defini- tion of a structure shall be subject to provisions of Section 27 of this By-Law Yes I'Yes Yes Yes/ Yes Yes Yes Yes YeS Yes Yes I : Use of a portion of a dwelling as an office by a physician, dentist or other 25.81 professional person residing in the dwelling incidental to such residence . . SP SP SP SP SP SP SP SP SP Yes Yes 25.82 , Buildings normally accessory to garden apartments . . . . . . . . . . No No Yes . No No No No No No No No Incidental sale at retail of parts or components necessary for the maintenance 25.83 . , of articles stored and distributed . . . . . . . . . . . . . . . No No No No No Yes.No `Les , No Yes Yes . , Retail uses such as cafeterias, soda or dairy bars, wholly within the same 25.84 building as the principal permitted use, conducted primarily for the convenience, . . , of employees and with no exterior advertising display . . . . . . . . . No No No f S°S SFS SPS SPS No : No Yes!Yes , 1 : NJ Retail uses in support of a hotel or motor hotel, such as dining halls, restau- 1 w I 25.85 rants, cafeterias, soda or dairy bars, and shops wholly within the hotel or motor hotel building and with accessory signs as permitted under the Sign By-Law No No No No SPS:No No :No No : SP ' SF >,1 , f g , 25.86 . Delicatessens, lunch counters and soda fountains incidental to the permitted ' ] a ' business of a drugstore . . . . . . . . . . . . . . . . . . !No No No : No : No No No No SP Yes Yes 1 1 i u , , 25.87 , Wolesale of commodities accessory to the permitted retail sale of such commodities in the district . . . . . . . . . . . . . . . . . No No No No No ;No No 'SP No ; SF SP Outdoor storage of supplies and equipment incidental to permitted uses, subject , ! . 25.88 to appropriate requirements for location, lighting, screening, fencing, cover . i and safety precautions . . . . . . . . . . . . . . . . . . . ,No No No ! SPS, SPS No SPS 'SP No SP SP : 25.89 Outdoor overnight parking of freight-carrying or material-handling vehicles ! : ; and equipment No No No SPS SPS SPS No SP No Yes Yes 1 Manufacturing, processing or storing goods and materials as a part of and re- lated solely to research, experimental and testing activities; maintenance ! , 25.90 shops, power plants, keeping of anibals, antennae and machine shops and similar . operations to support permitted uses No No No , SPS SPS SPS No No No No No ' 25.91 Garage space larger than permitted under 25.80 above No No No Yes Yes Yes Yes Yes Yes Yes Yes 25.92 Outdoor parking of commercial vehicles** No No No Yes Yes Yes Yes Yes Yes Yes Yes * No dwelling may be erected for the purpose of taking boarders or letting or renting of rooms without a Special Permit by the Board of Appeals 1 ** Outdoor parking is subject to provisions of Sections 31 and 32 - - - - _ - I - r , : Section 25 - USE REGULATIONS SCHEDULE (Continued) Use Designation District IRO RT RM CR CH CM CO CS CN CG CB As Principal or Accessory Use RS T lr y`°, 25.94 Temporary structures and uses not conforming to this By-Law subject to condi- tions e for the protection of the community SP SP SP SP SP SP SP SP SP SP SP Any building or use not expressly permitted by this By-Law and not accessory to such permitted building or use; any structure or use, whether or not otherwise permitted or accessory to a permitted building or use, which may be disturbing n 25.95 or detrimental to the health, safety or welfare of persons working or living in "� the neighborhood by reason of special danger of fire or explosion, pollution of u water ways, corrosive or toxic fumes, heat, gas, smoke, soot, obnoxious dust .o "' or glare, excessively bright or flashing lights, electromagnetic radiation, s offensive noise, or vibration No No No No No No No No No No No 25.96 Junkyards (see definition) and automobile graveyards No No No No No No No No No No No Compliance SECTION 26. Any building hereafter erected in any district shall with be located on a lot such that all of the minimum requirements set Schedule of forth in the following Schedule of Dimensional Controls are con- Dimensional formed with, except where specifically exempted by this By-Law or Controls by General Laws. No Reduction 26.1 No lot upon which there is a building or for which of Lot Size a building permit is in force shall be subdivided or otherwise changed in size or shape, except through public acquisition, so as to result in violation of the requirements set forth below, and a lot already non-conforming shall not be changed in size or shape so as to increase the degree of non-conformity or of non-compliance with the requirements of this By-Law. Civil 26.2 The construction of a fallout or blast shelter of a Defense design approved by the local direction of Civil Defense or his Shelters representative shall not be deemed to be in violation of the yard regulations provided such shelter is completely below the finished grade of the adjoining land prior to and after such construction and is covered by earth to a depth of not less than two feet, ex- cept that an entrance or exit way may be substantially flush with the ground and a ventilating pipe and cover may protrude above the ground if they are of no greater size and height than is reason- ably required for the purpose. RO, RS, RT 26.3 Uses and buildings permitted in the RO, RS or RT districts shall, when located in a CR, CH, CO, CS, CG or CB dis- Uses in trict, be regulated by the dimensional controls of an RS district Other Districts if located within the area described in Section 22.2, and other- wise by the dimensional controls of an RO district. All uses located in CM or CN districts are regulated by the dimensional controls of the district in which they are located. S bols 26.4 As used in the Schedule ofDimensional Controls the y1° symbol "NR" means no requirements, "s.f." means square feet, and "ft." means linear feet. Lesser 26.5 Lesser requirements than those of Section 27 apply Requirements to certain lots. These are as follows: Exemption 26.51 In RO, RS and RT districts the following for Certain lots, if used for a dwelling or other building permitted in such Lots districts, are exempted from the area, frontage and side yard provisions of Section 27. Any such lot may be enlarged by combin- ing it with an adjoining lot or lots, or fractions thereof, in the Lots may be same ownership. Such enlarged lot shall not be subject to Combined greater requirements as to area, frontage, front or rear yards by reason of such enlargement, but the required side yards shall be based on the total frontage of the enlarged lot. -26- Lots laid out and recorded Area at Frontage by plan or deed least at least Prior to March 17, 1924 Any Any Exemption for Pre- On or after March 17, 1924 viously Re- and prior to March 18, 1929 5,000 sq.ft. 50 ft. corded Lots On or after March 18, 1929 and prior to August 8, 1938 7,500 sq.ft. 75 ft. On or after August 8, 1938 and prior to December 4, 1950 12,500 sq.ft. 100 ft. On or after December 4, 1950 and prior to December 1, 1953 and located in RO districts 15,500 sq.ft. 125 ft. The following shall apply to the above lots: If actual lot frontage is: Side yard must be 100 ft. or more Not less than 15 ft. Minimum Side More than 75 ft. but less Yard for than 100 ft. Not less than 12 ft. Exempt Lots More than 50 ft. but not more than 75 ft. Not less than 10 ft. 50 ft. or less Not less than 7.5 ft. 26,52 Certain tracts may be subdivided using the Exemption provisions of Section 33 which permit reduction of certain re- Permitted quirements of Section 27. in Sec. 33 26.53 In CN districts any lot which on February Exemption for 21, 1965, was in ownership separate from that of adjoining land Lots of Record located in the same district shall be deemed to satisfy the in CN Dis- requirements of this By-Law for area and frontage in CN districts. tricts 26.54 In CM districts in particular instances the Exemption for Board of Appeals may permit a principal building to be erected on Lots of a lot having less area or frontage, or both, than the minimum re- Record in CM quirements specified in Section 27, if at the time of the adoption Districts of said minimum requirements such lot 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 substantial derogation from the intent and purpose 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 pur- poses of this paragraph to have been lawfully laid out and re- corded 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 Section 27. 26.55 Where more than one half of the lot frontage is on a circular turn-around or on a curve of less than 100 ft. -27- Reduction of radius, frontage may be reduced to not less than 60 per centum of Frontage on the distr_,:ce otherwise required, provided that the distance be- Curves tween lot boundaries measured in a line parallel to the street line and at a distance therefrom equal to the required front yard shall be not less than the frontage otherwise required and further provided that such distance at front yard depth shall be dimen- sioned on a plan approved or endorsed by the Planning Board. Exceptions 26.56 The limitations of height in feet shall not to Height apply to chimneys, ventilators, skylights, tanks, bulkheads, Limitations penthouses and other accessory structural features usually carried above roofs, nor to domes, towers or spires of churches or other buildings provided such features are in no way used for living purposes and further provided that no such structural features shall exceed a height of sixty-five feet from the ground except with permission from the Board of Appeals. Frontage on 26.57_ In CR and CH districts where a lot abuts on a Turn-around dead-end turn-around part of a street and abuts also on such street before the turn-around, h d in CR andt e 3b feet may be measured in CH part along the side line of the street before the turn-around and in part along a projection of the course of such side line through and beyond the turn-around, provided however that the lot shall have a frontage of not less than 60 feet on the street, including such turn-around. Lots Partly 26.6 When a lot in one ownership is situated in part in the in Lexington Town of Lexington and in part in an adjacent town or city, the provisions of this By-Law shall be applied to that portion of the lot located in the Town of Lexington in the same manner as if the entire lot were situated in Lexington. -28- , SECTION 27 - Schedule of Dimensional Controls + District 1 RO RS & RT RM I CR I CH I CM I CO I CS 1 CN 1 CC I CB j Uses Permitted in RS and RT Districts Shall Conform to the Provisions of Subsecti2R 26.3 Minimum Lot Area 30,000 s.f. 15,500 s.f. note (a) 5 acres 5 acres 3 acres 60,000 s.f. 15,500 sf.15,500 s.f NR NR Minimum Lot Frontage 150 ft. 125 ft. 200 ft. 300 ft. 300 ft. 200 ft. 175 ft. 125 ft. 125 ft. NR NR Minimum Front Yard (b) 30 ft.(c) 30 ft.(c) 40 ft. 100 ft. 100 ft(j) 75 ft. 50 ft. 40 ft. 30 ft. 20 ft. NR (d) Minimum Side Yard 15 ft.(e) 15 ft.(e) 40 ft. 50 ft. 50 ft. 25 ft. 50 ft. 20 ft. 20 ft. NR NR Minimum Rear Yard 15 ft.(e) 115 ft.(e) 40 ft. 50 ft. 50 ft. 25 ft. 50 ft. 20 ft. 20 ft. 20 ft. 10 ft. Minimum Yard Adjacent to RO, RS, RT, RM District 15 ft. 15 ft. 40 ft. 100 ft. 100 ft. 75 ft. 50 ft. 40 ft. 20 ft. 20 ft.(f) 20 ft.(f) Minimum Yard Adjacent to Other District 15 ft. 15 ft. 40 ft. 100 ft. 100 ft. 25 ft. 50 ft. 20 ft. 20 ft. NR NR .I Minimum % Open Area 85% (g) 85% (g) 75% 75% 75% 66.7% 75% 75% note (h) NR NR Maximum height Stories 3 3 3 3 3 3 3 3 3 3 3 is Schools,Hospitals c: Public Buildings Feet 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. i Maximum height Stories b 2-1/2 2-1/2 2-1/2 3 3 3 2 2-1/2 2-1/2 2-1/2 3 Other Buildings ( Feet 40 ft. 40 ft. 40 ft. 45 ft. 45 ft. 45 ft. 40 ft. 40 ft. 40 ft. 40 ft. 45 ft. I Minimum Between Buildings NR NR 30 ft.(i) 30 ft.(i) 30 ft.(i) 30 ft.(i)I30 ft.(i) 20 ft. ' 20 ft. NR NR a. 3,000 sq.ft. lot area per dwelling unit containing one room used for sleeping; 3,500 sq.ft. lot area per unit with two such rooms: 4,000 sq.ft. lot area per unit with three or more such rooms. b. Where lawfully adopted building lines require yards in excess of these requirements, the building line shall govern. c. Except 20 ft. yard on other than frontage street; for uses permitted on Special Permit, a yard of at least 30 ft. on each abutting street, and if lot exceeds 1 acre a yard of at least 40 feet on each abutting street, and if lot exceeds 5 acres a yard of at leaa 50 feet on each abutting street. d. Except 10 ft. yard on Muzzey St. or on Bedford St. for lots abutting these streets. e. Except for uses permitted on Special Permit, increase the required side yard to 20 feet plus 1 foot for every 1/2 acre (or frac- tion thereof) over 1/2 acre lot area. f. Only if lot abuts or is within 10 ft. of the district boundary. The 10 ft. nearest such boundary shall be unpaved and may contain only grass, plants, shrubs, trees and fences, and shall not be used for parking, driveways or outdoor storage. g. Applicable only to uses permitted on Special Permit. h. Combined floor area of all principal and accessory structures shall not exceed 3,000 sq.ft. i. Buildings shall be surrounded by fire lanes (see definition). j. Except 200 ft. yard on Bedford Street for land abutting Bedford St. north of Rte. 128. PART 3. ;FAL RXGOLATIONS Section 30. Non-confotming uses May be 30.1 Any building lawfully existing and any use lawfully Continued being made of land or buildings which does not conform to this By-Law as adopted or as emended may be continued to the same degree and for the same purpose. 30.2 Any such building may be repaired or structurally May be altered, but no such building if destroyed or damaged to the ex- Repaired tent of 75% of its reproduction cost at the time of said damage, as determined by the Building Inspector, shall be rebuilt or re- paired except with a special permit granted by the Board of Appeals under the provisions of Subsection 12.2 of this By-Law. No Expansion 30.3 No building Or use lawfully existing as a non-con- Except with forming building or use shall be extended or enlarged except with Special Permit a special permit granted under the provisions of Subsection 12L2 of the By-Law. 30.4 If land or buildings lawfully being put to a non- No Reversion conforming use are changed to a use permitted in a district where- to Non-con- in such lands or buildings are situated, they shall not be changed forming Use back to any non-conforming use. The non-conforming use of land or buildings may be changed with a Special Permit from the Board of Change of Non- Appeals to another non-conforming use which in the opinion of the conforming Uses Board of Appeals is no more objectionable, to the neighborhood. .30.5 If there be non-use of any lawful non-conforming use Abandonment of of land or buildings foe a period of twenty-foto: consecutive Non-conform- months, such non-confoming use shallibe regarded as abandoned ng Use and shall not be resumed. Section 31. Parking end Loading Regulations 31.1 Not less than the requLved parking and loading space Required Park- indicated by Subsection 32.1 of the foiiowing Schedule of Parking ing and Load- and Loading Regulations shall be provided to service all new build- ing ings, additions to old buildings, or new use of existing buildings Facilities or premises. Loading area*. shall not be considered as part of the parking area. Location of 31.11 Such required parking shall be located on the Required s.me lot as the activity it serves and shall have free and unira- Parking peded access to a street over unobstructed passageways or driveways. 31.12 Thu Board of Appeals may grant a Special _ Temporary Permit for 'II exception to the requirements of Subsection 32.1 in Reduction by any case where the Board of Appeals determines that the complete Special Permit development of the required parking area is not currently neces- sary; such special permit to allow reduction of the developed park- ing area to not less than half that otherwise required, and to be for a period not to exceed two years , 31.13 Required parking and loading areas shall have adequate provisions for access, turning and exit without endanger- -30 ing or inconveniencing the users of such areas or the traffic in the streets adjacent thereto. The number of driveway openings Egress in shall not be greater than reasonably necessary. Egress shall not CM District require backing into the street. In the CM district, driveway width shall not exceed 25 feet, and the entrance of all driveways to a street shall be subject to approval in writing by the Plan- ning Board. 31.2 All parking and loading areas shall be sub- Dimensional ject to the dimensional restrictions of Subsection 32.2 of the following Schedule of Parking and Loading Regulations, whether such parking or loading be required by this By-Law or optionally provided. 31.3 Symbols employed in Section 32, Schedule of Explanation of Parking and Loading Regulations, Subsections 32.1 and 32.2, Symbols Used shall mean the following: in Schedule of Regulations s.f. - square feet ft. - linear feet N.R. - no requirement or restriction specified -31- Section 32. SCHEDULE OF PARKING AND LOADING REGULATIONS 32.1 SCHEDULE OF REQUIRED PARKING AND LOADING U S E DISTRICT REQUIRED PARKING Use permitted as of right in RO, RS, or RT district . . . . . . . . . . . Any No requirement Use permitted on Special Permit in RO, RS or RT district (Subsection 12.2) . Any Reasonably sufficient • Use other than the above . . . . . . CR,CM,CS Reasonably sufficient • II It IT IT . CO parking space per 100 s.f. floor area or fraction • . . . . II II II It 10 CN 1 parking space per 200 s.f. floor area or fraction . • • • It IT V CG 1 parking space per 150 s.f. floor area or fraction It II II II CB No requir .t Garden apartments RM 1 parking space per d, lling ,.it • Hotels, motels, motor hotels , CH 1 parking space per guest ro— plus reas., .le provision for pers. .s dining or attending functio. in the building • Other than all abo. . . . . . CH Reasonably sufficient . . . . • REQUIRED LOADING FACILITIES Any permitted use . . . . CR,CH,CM Reasonably sufficient CO, CS Any permitted use . . . . . . . . . RO,RS,RT,RM No requirement • CN,CG,CB - - . 32.2 SCHEDULE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING DISTRICT RESTRICT I O N , RT,RORS 'CR, CH CM CO CS CN fcc CB . Parking or loading shall be located not less than these distances from: 1 RO, RS, RT or RM District Boundary . . . N.R. 50 ft. ; 50 ft. 25 ft.a 40 ft. 20 ft.; 10 ft., 10 ft. Other District Boundary . . . N.R. 50 ft. 1 N.R. 25 ft.a{ N.R. ' N.R. N.R. ; N.R. Street line . . . N.R. 50 ft. 1 50 ft. 25 ft.a'20 ft. ' 10 ft.' N.R. ', N.R. Lot line other than above . . . N.R. 25 ft. :; 25 ft. N.R. N.R. , N.R. I N.R. ; N.R, But in no event shall parking occupy more than i W these percentages of a required front yard: i I Uses allowed in RO, RS or RT Dis- tricts on Special Permit (Subsection 12.2) 0% 0% 0% 0% 0% 0% 0% . 0% Other Uses . N.R. 25%b 25% 507b 50Xb , N.R. 0% ' 0% And in no event shall parking occupy more than these percentages of a required side or rear yard: Uses allowed in RO, RS or RT Dis- I tricts on Special Permit (Subsection 12.2) . 0% 0% 0% 0% 0% 1 0% 0% . 0% Other Uses . 1 N.R. N.R. 0% N.R. c 0% N.R. ' N.R. a. 50 feet for loading facilities b. Including walks and drives c. Not more than 50% of lot area may be occupied by parking and outdoor storage Planned Unit gpTION 33. The Board of Appeals may grant a special permit for Development any tract of land of ten (10) acres or more to be subdivided as a planned unit development, subject to the requirements and condi- tions described below. 33.1 The general objectives of planned unit developments General are to encourage: Objectives 33.11. Preservation of open space for conservation, outdoor recreation or park purposes 33.12 Better utilization of natural features of the land through a greater flexibility of design 33.13 More efficient provision of municipal services. Number of 33.2 The number of building lots in any tract of land for Building Lots which a special permit is issued shall not exceed such number of Permittedlots usable for building and conforming to the area and frontage requirements specified for RO district in Section 27 hereof, as could be contained in 85 per cent of the area of the tract to be subdivided. 33.3 At least 25 per cent of the total area of such tract Portion to Re- shall remain unsubdivided, and, except as provided below, unbuilt main Unsubdi- vided upon, and shall be used for conservation, outdoor recreation or park purposes. Sizes and 33.31 Such unsubdivided land may be in one or more Shapes of Un- parcels of a size and shape appropriate for its intended use as subdivided Land determined by the Board of Appeals after consideration of the recommendations bf the Planning Board. Ownership of 33.32 Such unsubdivided land shall be conveyed to Unsubdivided and accepted by the Town of Lexington or to all homeowners within Land such tract jointly or to a trust the beneficiaries of which shall be the homeowners within such tract. Such trust shall have as one of its purposes the maintenance of such land for conservation, recreation or park purposes. The future ownership of such unsub- divided land, which may differ from parcel to parcel, shall be specified by the Board of Appeals as a condition of the special permit. Perpetual 33.33 When such unsubdivided land is conveyed to Easements persons other than the Town of Lexington, the Town shall be granted an easement over such land sufficient to ensure its perpetual maintenance as conservation, recreation or park land. Access to Un- 33.34 Access at least 40 feet wide shall be provided subdivided to each parcel of such unsubdivided land from one or more streets Land in the subdivision. Paving and 33.35 A maximum of 20 per cent of such open land may Structures on be devoted to paved areas and structures used for or accessory to Unsubdivided active outdoor recreation, and consistent with the open space uses Land of such land. -34- 33.4 The following minimum standards shall be observed Reduced with respect to any reduction of street frontage or lot area Frontage and permitted in a planned unit development: Area Pro- 33.41 Street frontage may be reduced to not less visions than 120 feet; lot area may be reduced to not less than 20,000 square feet; 33.42 The street frontage may be further reduced on curves in accordance with the provisions of Paragraph 26.55 of this By-Law. 33.5 The application for a special permit for a planned Application unit development shall be accompanied by a preliminary subdivision for Special plan, a copy of which shall also be submitted to the Planning permit Board. In addition to the information required by Rules and Regu- lations of the Planning Board to be shown on preliminary subdivi- sion plans, such plan for a planned unit development shall show the following: 33.51 Soil culture of the land, such as wooded, Soil pasture, rock outcrops or swampy. 33.52 Proposed landscaping and use of land which is Proposed to be reserved for conservation, recreation or park use, including Landscaping any proposed structures thereon. 33.6 The Planning Board shall submit in writing to the Planning Board of Appeals its report and recommendations as to said appli- Board Rec- cation for special permit, to include at least the following: commendations 33.61 Its determination as to the number of lots usable for building. 33.62 A general description of the tract in question and surrounding areas, 33.63 An evaluation of the appropriateness of the proposed development and the extent to which it accomplishes the objectives of planned unit development, 33.64 Recommendations for the granting or denial of the special permit, including recommendations for modifications, restrictions or requirements to be imposed as a condition of grant- ing the special permit, 33.7 The Board of Appeals shall not take any action on a Board of petition for a permit for a planned unit development until the Planning Board shall have submitted its written recommendations to Appeals the Board of Appeals or 45 days shall have elapsed from the date Action of submission of the preliminary subdivision plan and application for a special permit. In determining whether to grant a special permit for a proposed planned unit development which meets the minimum standards stated herein, the Board of Appeals shall consider: -35- 33.71 The report and recommendations of the Plan- ning Board. 33.72 The general objectives of planned unit devel- opment. 33.73 The existing and probable future development of surrounding areas. 33.74 The appropriateness of the proposed develop- ment in relation to topography, soils and other characteristics of the tract in question. Where its decision differs from the recommendations of the Plvning Board, the Board of Appeals shall state in its decision the reasons therefor. Compliance 33.8 Nothing contained herein shall in any way exempt With Other a proposed subdivision from compliance with the Rules and Regula- Rules and tions of the Planning Board, nor shall it in any way affect the Regulations right of the Board of Health and of the Planning Board to approve, with or without conditions and modifications, or disapprove a sub- division plan in accordance with the provisions of such Rules and Regulations and of the Subdivision Control Law. Additional 33.9 The Planning Board shall not recommend and the Board Conditions of Appeals shall not grant a special permit for the subdivision of for Special land into lots having the reduced area and frontage, as provided Permit for in this subsection, if it appears that because of soil, drain- age, traffic or other conditions the granting of such permit would be detrimental to the neighborhood or to the Town or inconsistent with the purposes of planned unit development. In granting a special permit, the Board of Appeals shall impose such additional conditions and safeguards as public safety, welfare and conven- ience may require, either as recommended by the Planning Board or upon its own initiative. Subsequent 33.10 Subsequent to a special permit granted by the Board Revision of of Appeals under the provisions of this Section 33, and the Side and Rear approval of a definitive plan of a subdivision by the Planning Lines Board, the location of side and rear lines of lots in such subdi- All©wed vision may be revised from time to time in accordance with appli- cable laws, by-laws and regulations. Any change in the number of Other Subse- lots, the lines of streets, the reserved open space, its ownership quent Revi- or use, or any other conditions stated in the original special slams Require permit shall require a new special permit issued in accordance with New Special the provisions of this By-Law. Permit Sign Section 34. No sign shall be erected in any district except in Regulations conformity with both this By- Law and the Lexington Sign By-Law. Certain signs are prohibited in the Use Regulation Schedule, Sec- tion 25 of this By-Law, as noted at the use they pertain to. Further regulation of signs is contained in the Sign By-Law. Further regulation of signs in RO, RS and RT districts is contained in Section 35 of. this By-Law. -36- Section 35. Accessory signs permitted as of right in RO, RS Accessory and RT districts: Signs 35.1 For each family living in a dwelling: not more Residence than two signs, neither of which has sign area of more than one Identifica- square foot, bearing the name of the family or designation of tion the dwelling or both. 35.2 For permitted uses other than single or two-family Permitted Use dwellings, taking of boarders, earth removal, or home occupa- Identifies- tions: one sign not exceeding twelve square feet in area. tion 35.3 Real estate signs not over six square feet in Real Estate total area advertising the sale or rental of the premises on Signs which they are located. 35.4 Real estate signs not more than fifty square feet Real Estate in total area and not more than ten feet in any dimension erected Signs for and maintained on subdivisions of land as defined in General Laws, Subdivisions Chapter 41, Section 81 K, to advertise solely the selling of land or buildings in said subdivisions, but not more than one such sign shall face the same street. 35.5 Accessory signs allowed in R0, RS and RT districts Accessory on special permit from the Board of Appeals: Signs on Special Permit 35.51 More or larger signs for the uses indi- More or Larger cated in Subsection 35.2. Signs 35.52 For lawfully non-conforming business or More or Larger commercial uses, more or larger signs than allowed in Section 35. Signs - Com- mercial Signs r37- FART 4 - DEFINITIONS Definitions SIMON 40. For the purpose of this By-Law the following words and terms used herein are hereby defined or the meaning thereof explained or limited: General The word "shall" is mandatory, rhe word "may" is permissive. Definitions The present tense includes the future tense, the singular number includes the plural d the plural includes the singular. Accessory Use ACCESSORY USE OR BUILDING: Use or building customarily incident or Building to and located on the same lot with the use or building to which it is accessory and not detrimental to the neighborhood. Billboard BILLBOARD: Any sign not an accessory sign, regardless of size. Building BUILDING HEIGHT: The vertical distance measured from the mean Height finished grade of the ground adjoining the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge, for gable, hip and g ., brel roofs. Building BUILDING: A combination of materials having a roof d forming a shelter for persons, ani is or property. The word "building" shall be construed, where the context allows, as though followed by words "or structure or part or parts thereof." Diner or DINER OR LUNCH CART: A restaur t designed to externally resemble Lunch Cart a railroad dining car. Drive-in DRIVES-IN RESTAURANT: Any premises used for sale, dispensing or Restaurant serving of food, refreshments, or beverages in automobiles, in- cluding those establishments where customers may serve themselves and may consume the food, refres nts, or beverages on the premises. Dwelling DWELLING CONVERSION: Alteration of a e f ily dwelling to accom- Conversion modate two f ,ilies, executed such that: a. The appearance and character of a one-f ly dwelling is preserved. b. The gross habitable floor area for each f ily in such dwelling is at least 700 square feet. c. No major exterior structural changes are made, except such as may be required for safety by the Lexington Building By-Law or General Laws of the Conwealth. d. Stairways leading to the second or any higher floor are enclosed within the exterior walls of the building. Dwelling - DWELLING, ONE FAMILY: A detached residential building intended One Family and designed to be occupied exclusively by a single family. Dwelling Unit DWELLING UNIT: Living quarters for a single fn.ily Dwelling - DWELLING, TWO FAMILY: A detached residential building intended Two Family and designed to be occupied exclusively by two fFnilies. ERECTED: The word "erected" shall include the words "built," "con- BXected structed," "reconstructed," "altered," "enlarged," and "moved." Family FAMILY: Any number of individuals living and cooking together in a single housekeeping unit. -38- FIRE LANE: An open space in which no automotive vehicles may be Fire Lane parked and in which no building or structure may be erected without written permission from the Head of the Lexington Fire Department, except that buildings may be interconnected by corri- dor or walkways, if provision is made for access by fire apparatus to all outside walls. The open space shall be between a building and a line parallel to and fifteen feet equidistant from a building. FLOOR AREA: The aggregate horizontal area in square feet of all floors of a building or several buildings on the same lot Floor Area measured from the exterior faces of walls enclosing each building, exclusive of garages, cellar, basement and attic areas used only for storage or for services incidental to the operation or mainte- nance of such building or buildings. FRONTAGE, LOT: A continuous portion of the boundary between a Frontage lot and an abutting street between lot lines or, in the case of a Lot corner lot, between a lot line and the intersection of street lines or of street lines extended. The measurement of lot front- age shall not include jogs in street width, back-up strips and other irregularities in street line, and, in the case of a corner lot may at the option of the owner extend to the midpoint of the curve connecting street lines, instead of to their intersection. FRONTAGE STREET: A street which provides the required lot front- Frontage age for a building. When a lot is bounded by more than one Street street, any one of them, but only one, may be designated as the frontage street by the owner, provided that the street meets the frontage requirement and that the principal permitted building on the lot is numbered on such frontage street. However, in the case of a lot bounded by two streets forming an interior angle of more than 135 degrees, their combined frontage between lot lines may be used to satisfy the lot frontage requirement. GARDEN APARTMENT: Residence for eight or more families, with at Garden least two detached or semi-detached buildings, each containing Apartment not fewer than four nor more than ten dwelling units. GOLF COURSE, STANDARD OR PAR THREE: Course, including customary Golf Course, accessory buildings, where tee to hole distance averages not less Standard or than 80 yards. Par Three HALF STORY: See "Story, Half" HOME OCCUPATION: Certain occupations engaged in within an exist- Home ing dwelling or a building accessory thereto by a resident thereof, Occupation provided that there shall be no sign, advertising device, exterior storage, or other exterior indication of the home occupation, and that such occupations are limited to the exercise of personal or professional skills in the fields of music, dramatics, arts and crafts and academic pursuit and the giving of instructions or lessons, for compensation, in such skills; and also the perform- ance of custom work of a domestic nature, such as dressmaking, millinery, and clothes washing provided that equipment utilized is such as is customarily incidental to residential occupancy. -39- Sign, Non- SIGN, NON-ACCESSORY: Auy bilibueed or eight not an accessory accessory sign. Story STORY: That portion of a beildgeg eeataieed bet any floor and the floor or roof next above it, but nut including either the lowest portion so contained if more than one-half of such portion vertically is bele thiunn finished grade of the ground adjoining such building, or the uppeeeenat portion so contained if under a sloping roof and not. designed or intended to be used for human occupancy. StoryHalf STORY, HALF: A atory directly uadee a sloping roof in which the , points of intersection of the bottom of the rafters -Id the interior faces of the walls ape less than three feet above the floor level on at least two exterior walls. StreetRoad STREET, ROAD, or WAY: An area of lend dedicated, approved by the or Way, P1 sing Bo-rd, or legally epee far public travel under at least one of th following classifications: a. A public way duly laid out by the Teen of Lexington, the Middlesex County Commiosionero, or the Coieon- wealth of Maueachusectu, or a way which the Lexington Town Clerk certifies is maintained oy public authority fed used as a public way; or b. A way shown on a plan theretofore approved and en- dorsed in accordance with the Subdivision Control Law; or c. A way in existence en boell 4, 1948, having, in the opinion of the Pleeeleg Board, sufficient width, suit- able grades and adequate co�rnstructi©n to provide for the needs of vehicular traffic in relation to the pro- posed use of the hied abutting thereon or served thereby, and for the inatellation of municipal services to serve such land and the buildings erected or to be erected thereon. A public or private way as ethea shall laot be deemed to be a "street" as to = y lot of land that does not have rights of access to and passage over said way. STRUCTURE: Anything constructed or erected, the use of which re- Structure quires a fixed location on the ground, or attachment to s. ,ething located on the gro Id, including buildings, mobile homes, bill- boards, ty,ks, or the like, or the parts thereof, and swiwing pools capable of having a depth of two feet or more at .y point a surface area of more thr one hundred square feet. H. ever, this definition does not include a boundary wall or fence less than six feet in height above the mean finished grade of the adjoining ground. TN i'0' Y STRUCTURE: Tent, construction shanty; or similarly port- Temporary able or demountable atructuwe intended for continuous use for not Structure longer th one year. Temporary T: tORARY USE: Use, opeeetlea or occupancy of a parcel of land, Use building or structure for a period not to exceed one calendar year. Way WAY: see "Street, Road or Way." 42- YARD: An open space on a lot unoccupied by any building or yard structure or such parts thereof as covered or uncovered porches, steps, cornices, eaves and other projections; provided however that fences, freestanding walls, poles, posts, and other cus- tomary yard accessories, ornaments and furniture, and customary summer awnings are permitted in any yard, subject to height limitations. Yard depth shall be measured from the street or lot line to the nearest point on a building in a line perpendicu- lar or normal to such lot or street line. The minimum required yard shall be a strip of land of uniform depth required by this By-Law measured from the lot or street line and adjacent thereto. YARD, FRONT: A yard extending between lot side lines across the Yard, Front lot adjacent to each street it abuts. YARD, REAR: A yard extending between the side lines of a lot Yard, Rear adjacent to the rear line of the lot. YARD, SIDE: A yard extending along each side line of a lot be- Yard, Side tween front and rear yards. -43- EXPLANATION SYMBOLS : a❖.❖. MINIMUM REQUIRED FRONT YARD :x:.1.::..;5 ... �� MINIMUM REQUIRED REAR YARD �\\ MINIMUM REQUIRED SIDE YARD MAY SE DEFINED AS EITHER DEPTH OF FRONT, REAR OR SIDE YARD REAR OR SIDE YARD. 3"1GREATER THAN THE REQUIRED MINIMUM Zp ../.•.. ...••.. •,•....•.. p In ��...••��1,0/ DEFINED AS 1 . ../ 11,p •••oma•:.:cCORNER LOT IF // ///// I% 03 -6 . ••••••:.••• ANGLE AT STREET ;'tt O to Z •10:•. d `. '1'. r : it y Zi# • r• • .• 105® OR LESS 0 33 p ♦, r••.♦• r{::=:::::1 CORNER LOT ,4"�,� ® G r ‘0.0:0::0:01:0� ^s °: i 1-: :a ''A” /Py •••••••:•••• •••••+••••'�_ �' 8 Z® °a �.• ♦♦ ♦��. j:%;• ` r W!TH STREET � +44•,. , 0 -6 �i♦�♦OO••*♦♦` r; ,•;.9 AS FRONTAGE ����+++++•+•:•' (, ji\ • . •��,♦♦♦�r�• •,o, Rg ,� .��0++++•+fir. J.y 0 0 • +dpi♦r�*♦♦i•♦i♦i` : # ..1,:='� .. <:,r,t (�.: STREET ���'����+��� � ��♦'♦����,�1�fir•. t�"t`'1 ."rs <r .f .:� ?a .•,.¢ `,ktl4tAtnt` `t g' t t 1. ♦•• ♦ ♦ ♦ ♦ t€a t s s`t n<' yct .' 1 i +ii.�.�•i+tea'`�tr`0_,,‘�C A. \ �° '� +•�pd4�•� �♦0�. ..rz 'ttF1^k 74`�n ~ri, +++•+•++•+t.' , O C.`` N♦i•• ♦♦ ♦♦♦ p r t rs ,,2_,.: " x r+.•••••i•.., �® .�`�>•:♦+♦�♦♦♦*♦♦''♦♦�S ♦ ci''-f.',::-',' .¢! i . -•1 ' J.s 'n''w'ns t .... * :-`•.' �r<,u nc.s`t S $;„ t ttt i..•.-...,..p. ` F.` /.f�A�♦�O♦♦�.•�♦•i 0...., i :F.7,:-...ts tavv�,,.;ss t—injrtr,:.., _`.�. Gy3 s� 4t1 , r. •�.++•♦••+� ",�A `j a�, ., �:i•i 4V, Vi*.0.4�•0 i•100"±i�i+Vi+i�i��i�.r-iW��•:i: ����..i:`•4t4t.e.••••••i •i i�+J•4?0 .444 i�i'i.i•iie...•/..•.•••.. . 0+••+•i. �® < O p.:♦i ii••,:i�i•�0. ii♦. 1.10:♦ •:�iO '..,, ���4,..•:•�� ���it+i�i•:+:•i i•O •iii+..4v••v..i i♦iv.i•::•iv:.,.:•.... p' •. t+�!. O�w A.. O) q .o .....�.d......O♦O�:•. •�.0:•.•i. ..�•i.:•....�+.i.......i......•:ii•..•iiii��%.....i•%:....x......0:4.%:�.•� � ,... o ♦•.: , TANGENT ............................••••••4'44. .�•+.. .. ... +• a .•a❖:•:.`.0....•...•• ••• •4' • ♦ ••+ • \ •♦•.•.• -&. ..+,,.,�...,•,:•,•.a a�.f. ..;1!._. .•...hAs!.va!•�i�!��•:�i!��i:!•`�:i+•�•!:v::•:�i'�:•i�!�'�•.. '"" ;.,•.•• - FRONTAGE OF CORNER LOT FRONTAGE ....4i�♦•..1.....10.03i. ®® ®! INCLUDED IN AREAS, •+�i%:•.%�•��:•i��..�•• STREET OF CORNER LOTS Ait--;-k.:1' .��.i.•..'4*.•i••iiii.0.%•.••••:•i