HomeMy WebLinkAbout2009 ATM AG BYLAW Approval 1 I ,orS MOgN�
o� ills do
Town of Lexington
Town Clerk's Office
� AMt �
FXfHG
Donna M, Hooper,Town Clerk Tel: (781) 862-0500 x270
Fax: (781) 861-2754
TOWN BULLETIN
RE: Office of the Attorney General
Approval of General Bylaw and Zoning By-Law Amendments
DATE: September 8, 2009
Notification has been received from the Office of the Attorney General regarding action taken on
the approval of amendments to the General Bylaws and Zoning By-Law as voted at the 2009
Annual Town Meeting.
General Bylaws:
Article 33 —Amend General Bylaw—Capital Expenditures Committee
Zoning By-law:
Article 44—Amend Zoning By-Law, CM and NFI District Changes
Article 45 —Amend Zoning By-Law-Traffic
Article 46—Amend Zoning By-Law Map Revision
Article 47—Amend Zoning By-Law—Technical Corrections
Article 49—Amend Zoning By-Law—CRO and RO to CD,
95-99 Hayden Avenue, 124-128 Spring Street(Owner's Petition)
In accordance with Ch. 40 §32 of the Massachusetts General Laws, these amendments are hereby
posted in a public place in each precinct of the Town for public inspection.
Claims of invalidity by reason of any defect in the procedure of adoption or amendment of
Zoning Bylaws may only be made within ninety days of this posting. Copies of the Zoning
Bylaw and Map may be examined and obtained at the Planning Department Office in the Town
Office Building, 1625 Massachusetts Avenue.
Attest:
Donna M. Hooper
Town Clerk
1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF THE ATTORNEY GENERAL
WESTERN MASSACHUSE'I f5 DIVISION
1350 MAIN STREET
MARTHA COAKLEY SPRINGFIELD, MASSACHUSETTS 01103-1629 (413)784-1240
ATroRNEY GENERAL www.rnass.gov/ago
August 31, 2009
Donna M.Hooper,Town Clerk
1625 Massachusetts Avenue
Lexington,MA 02420
RE: Lexington Annual Town Meeting of March 23,2009-Case#5129
Warrant Article#33 (General)
Warrant Articles#44,45,46,47,and 49 (Zoning)
Dear Ms.Hooper:
Articles 33,44,45,46,47,and 49- We return with the approval of this Office the amendments to the
Town by-laws adopted under these Articles on the warrant for the Lexington Anpual Town Meeting that convened
on March 23,2009, and the maps pertaining to Articles 46 and 49.
Note: Under G.L.c.40,§32,neither general nor zoning by-laws take effect unless the town has first satisfied the
posting/publishing requirements of this section, Once this statutory duty is fulfilled,(1)general by-laws and
amendments take effect on the date that these posting and publishing requirements are satisfied unless a later
effective date is prescribed in the by-law,and(2)zoning by-laws and amendments are deemed to have taken
effect from the date they were voted by Town Meeting,unless a later effective date is prescribed in the by-law.
If the Attorney General has disapproved and deleted one or more portions of any by-law or by-law amendment
submitted for approval,only those portions approved are to be posted and published pursuant to G.L.e.40,§32.
We ask that you forward to us a copy of the final text of the by-law or by-law amendments reflecting any such
deletion. It will be sufficient to send us a copy of the text posted and published by the Town Clerk pursuant to
this statute.
Nothing in the Attorney General's approval authorizes an exemption from any applicable state law or regulation
governing the subject of the by-law submitted for approval.
Very truly yours,
MARTHA COAKLEY
ATTORNEY GENE
by:Kelli E. Gunagan,Assistant Atto ey General
By-law Coordinator,Municipal Law nit
1350 Main Street,4t'Floor
Springfield,MA 01103-1629
(413)784-1240,x 7717
enc. V N N a_t 9 ti l 11
cc: Town Counsel
6S :c 14d 2 d3S 600Z
'f Rt113 CpCOPY ATt`E,ST --
&WA kAtPW
0 1AIJ --,18
TOWN CLERK
LEXINGTON,MA
TOWN CLERK'S CERTIFICATE
I, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts,hereby certify that
at the adjourned session of the 2009 Annual Town Meeting held on March 23, 2009,the
following motion was adopted under Article 33,
ARTICLE 33: AMEND GENERAL BYLAW— CAPITAL EXPENDITURES
COMMITTEE 1
MOTION: That Chapter 29 of the Code of the Town of Lexington be amended as set
forth in the Article, and further that nonsubstantive changes to the
numbering of this bylaw be permitted in order that it be in compliance with
the numbering format of the Code of Lexington.
ARTICLE WARRANT TEXT:
To see if the Town will vote to amend §29-1313 of the Code of the Town of Lexington by
adding the words "or otherwise distributing" after the words "and by mailing"; or act in
any other manner in relation thereto.
Adopted Unanimously.
A true copy.
�V
Attest: .
Donna M, Hooper, Town Clerk
May 14,2009
TRUE Copy ATTEST
ho
TOWN CLERK
i.EXMOTON,MA
l
TOWN CLERK'S CERTIFICATE
1, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts, hereby certify that
at the adjourned session of the 2009 Annual Town Meeting held on April 27, 2009, the following
motion was adopted under Article 44, 45,46,
ARTICLE 44: AMEND ZONING BY-LAW, CM AND NFI DISTRICT CHANGES
ARTICLE 45: AMEND ZONING BY-LAW - TRAFFIC
ARTICLE 46: AMEND ZONING BY-LAW MAP REVISION
CONSOLIDATED MOTION:
[PLEASE[VOTE: The left-hand column of each section includes annotations that are not part of the
motion, but have been included to facilitate interpretation.]
That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington and the Zoning
Map be amended as follows:
ARTICLE 44 1. Delete§ 135-2C(2)(g) in its entirety and replace with the following:
Redefines the CM in (g) CM Manufacturing: is intended to be a district of higher intensity of
keeping with the development allowing a mix of light manufacturing,research and
proposed changes office uses with related personal and business services.
Penalty for violation of 2. Add the words ", a site plan review decision" to § 135-913 in between the
site plan review words "a special permit" and "or a special permit with site plan review"
3. Add the following new section following § 135-13:
Establishes Site Plan
Review process § 135-13.1 Site Plan Review
A. Purpose. Site plan review is a means of managing the aesthetics and
environmental impacts of land use by the regulation of permitted uses, not
Purpose their prohibition. Its purpose is to assure protection of the public interest
consistent with a reasonable use of the site for the purposes permitted in the
district.
B. Applicability. The following types of activities and uses require site plan
review by the Planning Board or its designee:
Applicability (1) Exterior construction or expansion of a structure resulting in an increase
of 500 SF or greater of total building gross floor area;
(2) Any changes to an approved site plan.
C. Special Permits.
(1) Where an activity or use requires both site plan review and one or more
Special Permits . special permits the Planning Board shall be the SPGA.
TRUL COPY ATTEST
(2) When both a special permit and site plan review are required, they shall
&Wal AVPW be considered together under the provisions of§ 135-12.
TOWN CLERK
LEXINGTON,MA
(3) The Planning Board in its regulations shall establish standards for
special permit approval consistent with §135-12B.
D. Procedures for Site Plan Review.
(1) Applicants shall submit an application for site plan review to the
Planning Board.
(2) The Planning Board shall promulgate, after public notice and hearing,
rules and regulations to effectuate the purposes and intent of this
provision of the by-law, including definitions of major and minor site
plans and delegating administrative review to the Board's designee that
will allow site plan review without a public meeting for site plans that
are defined as minor.
(3) A public meeting shall be required for all major site plans. The meeting
will be advertised in the local newspaper once in each of two successive
weeks prior to the meeting and a notice will be sent to landowners
within 300 feet of the affected lot.
Procedures (4) The Planning Board or its designee shall review and act upon the site
plan, requiring such conditions as necessary to satisfy the Review
Standards, and notify the applicant of its decision. The decision shall be
in writing and shall be rendered within 60 days of the date of
application.
(5) The applicant may request, and the Planning Board may grant by
majority vote, an extension of the time limits set forth herein.
(6) The applicant shall satisfy or comply with all conditions of the site plan
review decision prior to the issuance of a building permit except for
those conditions that by their terns are intended to be satisfied during
construction or later.
(7) Unless specifically authorized by the terms of the site plan review
decision, a final certificate of occupancy shall not be issued until the
applicant has complied with or satisfied all conditions of the site plan
review decision.
E. Review Standards. The PIanning Board in its regulations shall establish
standards for site plan review that will at a minimum address the following:
(1) Siting of facilities
(2) Design practices
(3) Open space and natural features
(4) Circulation
Standards for site plan (5) Water quality
review (6) Town character and historic significance
(7) Impacts on public services and facilities
(8) Signage
(9) Safety
TRUE COPY A''I'EST (10) Energy efficient site design
h '
(11) Potential adverse effects
TOWN CLERK
LEXINGTON,MA
4. Delete the definition of the symbol"Y YES" in § 135-16B in its entirety
Removes SP5
requiremenfif 90,000 and replace with the following:
-
SF or more _
Y YES: Permitted as of right.
5. Add a new symbol"R" in § 135-16B after the symbol "Y" and its
Defines R" definition, as follows:
R: Site plan review required (see § 135-13,1B).
6. Delete the words stricken through and change the letter under the CM
Allows additional uses
in the CM district column in the lines of Table 1 (Permitted Uses and Development
Standards),Part B (Commercial Uses) as shown below:
Lime CM
Uses and structures with less than 10,000 square feet of gross floor
area including the area of any existing structures but not including any
B.21 floor area devoted to off-street parking, on a lot provided the use is Y R
permitted mpfiess with the operating and development c4��a�
in thin table Y
m-crn�-cas�ry
Uses and structures with 10,000 or more square feet of gross floor
Uses now allowed B.22 area including the area of any existing structures but not including any � R
without SPS floor area devoted to off-street parking, on a lot provided the SPGA
rovfded in-
7.11 Beauty salon, barbershop N Y
7.12 Laundry or dry cleaning N Y
Person, Business 7.13 Tailor, dressmaker, shoe repair P1 Y
Services
7.15 sank, credit union SP
Y
b.with drive-up window or auto-oriented branch bank
8.11 Convenience good often bought on a daily basis such as food, candy, N Y
Sales or Rental of newspapers, tobacco products —
Goods, Equipment
8.13 Food, but not that intended for consumption on the premises, includes N Y
delicatessen or bakery, but not a takeout or fast-food service —
Other retail goods such as books, stationery, drugs, sporting goods,
8.17 jewelry, photographic equipment and supplies, flowers, novelties, N Y
TRUE COPY ATTEST cards, footwear, and the like which are typically of a size that a
customer can carry by hand
TOwN MRK
I.E}CI1�1G'iI�DN�MA $21 Sale or rental of equipment and supplies such as office furniture, to Y
other businesses
8.31 Stores with less than 2,000 square feet of floor area per establishment N Y
8.32 Stores with 2,000 or more square feet of floor area.per establishment N SP
All sales or rental conducted entirely within a fully enclosed building;
8.33 temporary display of products outdoors during operating hours N Y
permitted
Sales or rental conducted in part outdoors with permanent display of
8.34 products during non-operating hours; subject to screening N SP
requirements in Article X
9.12 Fast-food or takeout service serving enough food to comprise a meal N SP
Takeout or fast-food service serving food or beverages, such as
9.93 coffee, snacks, ice cream, or donuts, but not enough to comprise a N SP
Eating, Drinking, meal
Transient
Accommodations 9.14 Caterer or other establishment preparing meals for groups of people N Y
9.16 Hotel, motel .Sf?Y
Commercial 10.12 Indoor athletic and exercise facilities, weight reduction salon N Y
Recreation —
7. Amend § 134-43B as follows:
Uses in Nation Flood Delete the first paragraph of subsection (4) in its entirety and replace with
Insurance District no the following:
longer need SP but still Requirements. Construction or substantial improvements within the
subject to same district are subject to the following requirements.
requirements In subsection (4)(b), delete the words "for a special permit" and delete the
words "the SPGA with".
In the first paragraph of subsection(4)(c)[1], delete the words "SPGA shall
grant no special permit for the" between the words "as a floodway,the" and
"following encroachments" and add the words "are not permitted"between
Requirements are the the words"following encroachments" and "unless", so as to read as follows:
same,just not a part of [1] Within those areas designated as a floodway, the following
an SP process encroachments are not permitted unless a registered
professional engineer or architect certifies that such
encroachments will not result in any increase in the flood Ievel
during the occurrence of the one hundred-year flood discharge:
Required transition area 8. In § 135-54C, change the depth or width of the transition area for the
reduced street Iine in the CM district from 50 feet to 25 feet.
TRUE COPY MEST
Allows off-street parking 9• Delete § 135-65D in its entirety and replace with the following:
in a common lot by right D. Off-street parking spaces required for two or more buildings,uses,oAMAIA7W
TOWN CLERK
LEXINGTON,MA
establishments on a single lot may be provided in a common lot.
Allows for the instances 10. In § 135-66A, delete the words "Board of Appeals" and replace with the
when the Planning word "SPGA".
Board is the SPGA
11. In §135-6713(2), remove the "," after CRO, CLO and establish a
separate line for the CM district with the following setbacks:
Residential District Line 50x, Street Line 25,All other Lot lines N.R.,
Wall of a Principal Building 5.
The table will now read as follows:
Residential Street All Other Wall of a
Reduces the setback District District Line Line Lot fines Principal
for parking lots from the Building
street line from 50'to RS, RO, RT N.R. 25 5 5
25'In the CM district RD, RM N.R. 25 8 5
CRO, CLO 50* 50 10 5
CM 50* 25 N.R. 5
CRS, CS, 20* 10 N.R. 5
CB, CN
*No requirement where the residential district line is coterminous with the line
of the right-of-way now or formerly of the Boston and Maine Railroad or the
right-of-way of State Route 2 or State Route 128.
Allows for the instances 12. In § 135-69, delete the words "Board of Appeals" and replace with the
when the Planning word "SPCA".
Board is the SPCA
Allows for one standing 13. Add a new sentence at the end of§ 135-77A(3) as follows:
sign per lot by right in In the CM District one standing sign, not to exceed 50 square feet in
the CM District area and 5 feet in height, shall be pennitted by right on each lot.
Allows for the instances 14. In § 135-85 delete the words "the Board of Appeals, acting as" after the
when the Planning words "Article III,".
Board is the SPGA
In the CM District 15. Amend Table 2 (Schedule of Dimensional Controls) by changing the CM
reduces setbacks, column and the footnotes as shown in the strike throughs and substitutions
allows 65'height, and below:
Far of.40 with ability to
exceed by SP
TRUE COPY ArMT
&O'k.-k A7W
TOWN CURK
LIJXINGTON,MA
Districts RO I RS& I RM&RD CN CRS CS CB CLO CRO CM
RT a
Uses permitted In RS&RT Districts shall conform to provisions of§135-
35B
Minimum lot area in square feet 30,000 15,500 125,000 15,500 15,500 15,500 NR 30,000 5 3 acres
acres
Minimum lot frontage in feet 150 125 100 125 125 125 20 175 300 200
Minimum front yard in feet(b),(c),0), 30 30 50 30 30 30 NR 50 100 75 25
k d
Minimum side yard in feet(k) 15(e) 15(e) 40 20 20 15 NR 34 50 3025
N
Minimum rear yard in feet(k) 15(e) 15(e) 40 20 20 20 i0 30 50 59-25
t
Minimum side and rear yard adjacent 15 15 40 30 30 30 30 50 100 100 tM
to,or front yard facing a residential
district in feet
Maximum floor area ratio(FAR) NR(i) NR(1) NR(1) 0.20 0.20 0.20 2,0 0.25 0.15 9
0.35{h}
Maximum percentage site coverage 15% 15% 25% 20% 25% 25% NR 20% 25% 250
( NR
Public and institutional buildings, 2.5 2.5 2.5 3 3 3 2 3 3 3 NR
maximum height:In stories:
Public and institutional buildings, 40 40 40 45 45 45 30 45 45 4565
maximum height: In feet:
Other buildings,maximum height:In 2.5 2.5 NR 1 2 2 2 2 3 3 NR
stories
Other buildings,maximum height:In 40 40 40 15 25 25 25 30 45 4a 65
feet f
As used in the Schedule of Dimensional Controls,symbol"NR means no requirements, "s.f." means square feet, and"ft."
means linear feet.
(FOOTNOTES CONTINUED ON NEXT PAGE)
a. Development of new multifamily dwellings is not permitted in the RM District; these standards apply to RM Districts in
existence in January 1985. Minimum lot areas in RM Districts shall be 3,000 sq. ft. per dwelling unit containing one room
used for sleeping;3,500 sq,ft. per unit with two such rooms;and 4,000 sq.ft. per unit with three or more such rooms, For RD
Districts see§135-42C.
b. Where lawfully adopted building lines require yards in excess of these requirements,the building line shall govern.
c. The minimum front yard for any other street,which is not the frontage street(see definition), shall be 213 of that required for
the frontage street, except that in the case of a street laid out after January 1, 1987, or in the case of nonresidential uses
(se 4.14 located in the RO, RS or RT Districts see Table 1 lines 2.1 1 throw h 4.14 or for
uses located in the CM district,the minimum front yard facing all streets shall be the same as that for the frontage street.
d. Except ten-foot yard on Muzzey Street, Raymond Street,Mine Brook Road and Wallis Court for lots abutting these streets.
e. For institutional uses(see Table 1, lines 2.11 through 2.19)the minimum setback for a building shall be the greater of 25 feet
or a distance equal to the height of the building as defined in§135-39. For other nonresidential uses(see Table 1, lines 3.11
through 3.15 and 4.11 through 4.14), increase the required side yard to 20 ft. plus one ft. for every '/2 acre (or fraction
thereof) over%acre lot area.
f. See Article X, Landscaping,Transition and Screening.
g. Applicable only to uses permitted by special permit.
h. Resed This limit may be waived by special permit.
i. For institutional uses(see Table 1,lines 2.1 1 through 2.19),the maximum floor area ratio shall be 0.25.
j. Along the southwesterly side of Bedford Street between the Northern Circumferential Highway (Route 128) and Hartwell
Avenue there shall be a front yard of 233 feet measured from the base line of Bedford Street as shown on the
Commonwealth of Massachusetts layout 4689,date June 3, 1958,and shown as auxiliary baseline"F'on the State Highway
Alteration layout 5016, dated August 30, 1960.
k. A structure in an RD Planned Residential Development must comply with minimum yard setback on perimeter of tract as
required by §135-42C(1). In a special permit conventional subdivision, dwellings which have a gross floor area of 2,500
square feet or more are required to have a greater minimum side and rear yard; see§135-46A.
16. Amend the first paragraph of§135.43 by inserting"specifically 7RuE SPY ATTFS3
ARTICLE 45 provided otherwise in this Bylaw" at the end of the first sentence an
deleting the second sentence so that it reads as follows;
'DOWN CLERK
LEXINGTON.MA
Allows specific "An overlay district is a special purpose zoning district which is
requirements of an superimposed over another zoning district so that the land contained within
overlay district to the overlay district is subject to the requirements of both the overlay district
replace those of the and the zoning district in which it is located,unless specifically provided
underlying district otherwise in the Bylaw."
Allows the creation of a 17. Add the following to the end of§ 135-43:
TMO District C. Transportation Management Overlay District
(1) Purpose. The Town may create Transportation Management Overlay
(TMO)Districts that allow greater opportunity for facilitating effective
multi-modal transportation networks that increase the quality of life in
Lexington through improved traffic management and mitigation to that
outlined in Article XI, Off-street Parking and Loading, and Article XII,
Traffic, of the Zoning Bylaw consistent with the following principles:
(a) Multimodal Consideration. To ensure that the safety and mobility of
Purpose and guiding
principles of the TMOD all users of the circulation and transportation systems, including
vehicles, public transit, pedestrians and cyclist, are considered
equally;
(b) Context Sensitive Design. To incorporate, throughout project
planning, design, and construction, the overarching principles of
Context Sensitive Design, including attention to scenic,aesthetic,
historic, and environmental resources; and
(c) Clear Process. To develop and implement plans adopted through a
broad-based, clear and transparent process.
(2) District superimposed over other districts. A TMO District shall not
supersede other zoning districts, but shall be deemed to be
superimposed over these other zoning districts, except that if an
Allows election of TMO applicant elects to comply with the requirements in this section as
district requirements provided in 135-43C(3) below, this §135-43C shall supersede §§135-71
through 73. The boundaries of TMO Districts shall be indicated on the
Town's official Zoning Map.
(3) Applicability. The provisions of this section shall apply to
developments located within a TMO District that elect to comply with
the requirements of this section, § 135-43C, instead of complying with
§§ 135-71 through 73. Notwithstanding anything set forth herein to the
Establishes an contrary, an applicant may not make such an election until a plan for the
alternative to Article X11, p
Traffic but only after a TMO District has been adopted by the Planning Board as described
plan for the district has below. A final certificate of occupancy shall not be issued unless or
been adopted until all provisions of§ 135-43C have been satisfied, except for those
conditions that by their terms are intended to be satisfied after
occupancy of the structures for which the certificate of oceupa�i COPY
sought. A TM r
(4) Transportation Study Required. &WA,
Each TMO
mitigation �€TOWN CLERK 1Y
have a mit District must (a) The Planning Board, after consultation with the Board of Se �`r�ON,mA
igafion plan and an advertised public meeting, shall adopt a specific plan for
each TMO District containing the following elements:
[I] Assessment of the impacts of reasonably anticipated future
development in the TMO District considering current zoning
bylaws and other legal and physical constraints;
[2] Analysis of existing capital improvement plans or the facilities
element of a plan adopted under Massachusetts General Law, c.
41, see. 81D;
[3] Cost projections for transportation infrastructure improvements
required to address the impacts generated by the anticipated
development in the TMO District, including the potential
impact on nearby residential streets and neighborhoods;
[4] Analysis of other reasonably anticipated sources of funding
[5] Required transportation mitigation fees in accordance with a
methodology determined pursuant to.this study;
[6] Off-street parking and loading requirements for the TMO
District;
[7] Parking and Transportation Demand Management techniques
reasonably calculated to reduce the number of vehicle trips
generated by developments in the TMO District and to ensure
the long term stability of the transportation system;
[8] An implementation program that defines and schedules the
specific municipal actions necessary to achieve the objectives
of the plan; and
[9] A plan to encourage voluntary participation in TDM programs
by those not required to participate.
(b) The plan shall be updated periodically to reflect actual development activity,
Plan to be updated actual costs of infrastructure improvements completed or underway, plan
changes, or amendments to the zoning bylaws.
(5) Transportation Mitigation Fee.
(a) The payment of a transportation mitigation fee is required when an
applicant elects to proceed under this section. The imposition of a
transportation mitigation fee shall not prevent the Town from
imposing fees it may otherwise impose under local bylaws.
(b) Timing of Payment. Payment of the transportation mitigation fee
shall be in cash, under terms and conditions specified in the TMO
District plan.
(c) Payment Use. Any transportation mitigation fees paid to the Town
are intended to be used to fund transportation infrastructure
Required payment of improvements that are necessitated by the proposed development of
mitigation fee the applicant. Examples of appropriate uses include the costs related
to the provision of equipment, infrastructure, facilities, services, or
studies associated with the following; traffic mitigation;public
transportation; bicycle and pedestrian accommodations or other
transportation-related improvements. Except where deficiencies are
exacerbated by the new development, in which case the fee may be
assessed only in proportion to the deficiency so exacerbated, the fee
TRUp,COPY ATrBT shall not be expended for personnel costs, normal operation and
&WA, maintenance costs, or to remedy deficiencies in existing facilities.
The expenditure of the fees without Town Meeting appropriation is
TOWN CLERK prohibited.
LEXING'T'ON,MA
(d) Rough Proportionality and Reasonable Benefit to Fee Payer. The
transportation mitigation fee shall be determined by the TMO
District plan described in § 135-43C(4). The fee shall be roughly
proportionate to the impacts created by the development, The
purposes for which the fee is expended shall reasonably benefit the
proposed development.
(6) Parking and Traffic Demand Management.
(a) Submission of a Parking and Transportation Demand Management
Parking and (PTDM)plan which is consistent with the TMO District plan
Transportation Demand described in § 135-43C(4) above is required when an applicant
Management plan elects to proceed under this section, § 135-43C. Compliance with
required the submitted PTDM plan shall be a condition of any permit
approvals.
(b) Enforcement. Compliance with the PTDM plan submitted with an
approved permit application may be enforced through § 135-9.
(7) Special Permits. Where a development electing to proceed under this
Special permit approval section also requires a special permit or special permit with site plan
must be conditioned to review,the SPGA shall not grant the special permit unless it imposes
include the fee and conditions, including transportation mitigation fees and parking and
PTDM measures traffic demand management requirements, to meet the goals of the
TMO District plan.
18. Add a new entry to the list of zoning districts in § 135-213(1) with the
symbol, "TMO" and the title "Transportation Management Overlay."
19. Amend the Zoning Map of the Town of Lexington by creating a new
ARTICLE 46 Traffic Management Overlay District(TMO-1) as shown on the snap
Sets out the boundaries entitled I"Traffic Management Overlay District" dated April 22,2009,
of the TMO District and encompassing the parcels listed in the document entitled "Parcels in
the TMO-1 District", dated April 22, 2009.
AMENDMENT: The following resolution be adopted, in addition to any other action under the article:
RESOLVED that Town Meeting requests that, as soon as possible after the adoption by the
Planning Board of the TMO-1 District Plan, the Board of Selectmen include an article in a Town Meeting
warrant to see if the Town will adopt a resolution expressing its recommendations on the TMO-1 District
Plan to the Planning Board.
Adopted'as amended by a vote of 137 in the affirmative and 31 in the negative, more
than the.necessary two-thirds.
A true copy. �^
. Attest: -�
Donna M. Hooper, Town Cl •k
May 14, 2009 TRUE COPY ATrM
TOWN CLERK
LExiNGi'E}N,MA
TOWN CLERK'S CERTIFICATE
I, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts,hereby certify that
at the adjourned session of the 2009 Annual Town Meeting held on April 27, 2009, the following
motion was adopted under Article 47.
ARTICLE 47: , AMEND ZOING BY-LAW— TECHNICAL CORRECTIONS
MOTION: That the Zoning By-Laws of the Town be amended as set forth in the
motion attached to the report of the Planning Board on this article, and
further that nonsuhstantive changes to the numbering of this bylaw be
permitted in order that it be in compliance with the numbering format of the
Code of Lexington.
TEXT FROM PLANNING BOARD REPORT on Article 47:
MOTION: Amend the Zoning Bylaw as follows:
Proposed
Reference Existing Redlined (Comments are in italics
and are not part of the
proposed changes)
§135-913 The Town of Lexington's The Town of Lexington's The Town of Lexington's
pp. 135:148 Design Advisory Design Advisory Design Advisory
Committee shall review an Committee shall review an Committee shall review an
applicant's site plan and applicant's site plan and applicant's site plan and
make recommendations to make recommendations to matte recommendations to
the Director of inspectional the Direste,ef InspeGfiGnal the Building Commissioner
Services. Services the Building or designee.
Commissioner or (Removes outdated
desi nee, reference
§135-91.0 Review by the Cable Review by the Cable Review by the
pp. 135:148- Television and Televislon and Communications Advisory
135:149 Communications Advisory Communications Advisory Committee. The Board of
Committee. The Board of Committee. The Board of Selectmen's
Selectmen's Cable Selectmen's Gable Communications Advisory
Television and Television and Committee shall review an
Communications Advisory Communications Advisory applicant's application and
Committee shall review an Committee shall review an make recommendations to
applicant's application and applicant's application and the Building Commissioner
make recommendations to make recommendations to or designee for by right
the Director of Inspectional the girester of inspectional permit applications and to
Services for by right permit Services Building the SPGA for special
applications and to the Commissioner or designee permits. The Cable
SPGA for special permits. for by right permit. Television and
The Cable Television and applications and to the Communications Advisory
Communications Advisory SPGA for special permits. Committee will make
Committee will make The Gable and comment as to the
comment as to the Communications Advisory application's adherence to
application's adherence to Committee will make the provisions of this
the provisions of this comment as to the Article XV.
Article XV, application's adherence to. (Removes outdated
the provisions of this references)
Article XV.
'i'RUE COPY ATii'iaST
TOWN CLERK
LEXINGTON,MA
r
§135-12B(2(h) That open space on the That open space on the That open space on the
p. 135:35 site, particularly such site, particularly such site, particularly such
common open space and common open space and common open space as
usable open space as may usable-epee-space as may may be required by this
be required by this bylaw, be required by this bylaw, bylaw, is located and
is located and designed s0 is located and designed so designed so as to increase
as to increase the visual as to increase the visual the visual amenities for the
amenities for the amenities for the surrounding area as well
surrounding area as well surrounding area as well as for the occupants of the
as for the occupants of the as for the occupants of the, development;
development; development; (The requirement for .
usable open space was
removed in 2008.
§135- The boundaries of any The boundaries of any The boundaries of any
14A(2)(e)[5] common open space or common open space-er common open space;
p. 135:43 usable open space; usable open space; (The requirement for
usable open space was
removed in 2008.
§135-14A(2)(f)[4] The location and The location and The location and
p. 135:43 characteristics of any characteristics of any characteristics of any
common open space or common open space-or- common open space;
usable open space; usable-epen-spaGo; (The requirement for
usable open space was
removed in 2008.
Common or usable open Common e�-usable open Common open space, if
§135- space, if any; space, if any; any;
14A(2)(g)[3] (The requirement for
p. 135:44 usable open space was
removed in 2008.
§135-21 B(2)(e) There shall be provided at There shall be provided at There shall be provided at
p, 135:67 least 150 square feet of least 150 square feet of least 150 square feet of
usable open space, as usable open space—, as open space for each
described in§135-46E,for for resident,
each resident. each resident. (The entire§135-46E and
the requirement for usable
open space were removed
in 2008.
Adopted Unanimously.
A true copy.
Attest: �-
Donna M. Hooper, Town CIer
May 14, 2009
TRUE COPY ATrCST
&W-161 A7W
TOWN CLERK
1LEXMGTON,MA
TOWN CLERK'S CERTIFICATE
I, Donna M.Hooper, Clerk of the Town of Lexington, Massachusetts, hereby certify that
at the adjourned session of the 2009 Annual Town Meeting held on May 4,2009, the following
motion was adopted, as amended, under Article 49,
ARTICLE 49: AMEND ZONING BY-LAW— CRO AND RO TO CD,
95-99 HAYDEN AVENUE, 124-128 SPRING STREET
(OWNERS'PETITION)
MOTION: That the Zoning Bylaw Chapter 135 of the Code of Lexington be amended
by changing the zoning designation of the land described in the Article from the current
CRO Regional Office District and RO One Family Dwelling District to CD Planned
Commercial District.
The boundaries of the CD Planned Commercial District shall be as set forth in the
Petition for Change of Zoning District and Approval of Preliminary Site Development
and Use Plan (PSDUP), as contained in Appendix 9 of the PSDUP, dated December
22, 2008.
The land in the CD Planned Commercial District shall be subject to the PSDUP dated
December 22, 2008.
AMENDMENT: That the main motion be amended so that the land in the CD Planned
Commercial District shall be subject to the revised and resubmitted PSDUP dated April
17, 2009, as referenced in my letters dated April 22 and April 23, 2009, on file with the
Planning Board and the Town Clerk, all in accordance with the provisions of the Zoning
Bylaw Chapter 135 of the Code of the Town of Lexington. (Adopted unanimously)
SUBSIDIARY MOTION: I move that the minority views of Planning Board Members
Richard Canale and Anthony Galaitsis be accepted and placed on file. (Adopted)
WARRANT ARTICLE TEXT To request the Town to amend the Code of the Town of Lexington,Zoning
By-Law sections and the Zoning Map of the Town of Lexington,by changing the zoning district designation of the
lane'described in a certain written metes and bounds description(Appendix 9)on file with the Planning Board, from
the current CRO Regional Ofce District and RO One Family Dwelling District to a CD Planned Commercial District
with certain specified uses(pursuant to the provisions of Town of Lexington Code§135-42), said property being
commonly known and numbered as 95-99 Hayden Avenue and 124-128 Spring Street to allow construction of a new
building for office and laboratory uses and to act in any other manner relative thereto.
Adopted as amended by a vote of one hundred thirty-nine in the affirmative and thirty-
five in the negative, more than the necessary two-thirds.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
TRUE COPY ATTEST
May 14, 2009
'DOWN CLERK
LEXINGTON,MA
Proposed Zoning Change from CRC to CD
TRUB COPY A USSI
TiOWN C�, RK
XINGTO ,MA
s
- --- - - - _
--- -- —"'—rye --
n Legend
MLedgemonl Propor[y
Zoning Districts
CRO-Regional Office
CD-Planned Commerc€al
s' RO-One Family Dwelling
RS-One Family Dwelling
-
-
TOWN CLERK
LEXINMN,MA
r�sGl�
c �z
G
Transportation Demand
Managements Overlay District '
Boundaries a x w
�14 7V
MOM
Egg"*'t
_ r� i' `itEl��� i�� w rte,' '' 3�. � �✓
et ��,yJ C Cr v
'J'�^� .. ' � �1, i 1 p .� n« tq� � ice' +:•,r,i"q i r%,
:•1 irn+h k,r. Y � n �� ,�: •c�+
q
rc
CY,.yLb
wo'e'0'ra`"
IN
.. ,� ®,do °di{9�'✓�►d d '��'err' +�
. wi �� � ,} � A�,." .ro oI�I ��j��id�/�d�%����,d/�.����o��{�4`►'
!,_,;;:�f � .. r ;,, '� 4 � �� �•,�o���wgy'bd�;�.��i,$�l '�@ Via,���4�jw'�+!o�
ro.,�arr+r: ,r•,.{ �' f �'�y dj/r �d d �I/�iao ��� �0 '�
u""r.ua V;O Y A¢'Fi`�nT
{1 r As
707N CLERIC
LEXINGTON,MA
5
:`e' A ,ra�..;�j•yM Q .i�p.,�,ra �a j.�54a.a;i+ r q.ai'��i „ '!'i � w �,y'" M t 1, .,aR _ ni:rny�wry f1. N,• wr
Y� �'I��,� y�'w�,y^n,�gc�",(��;�,■Mr +ei� � # �' � '" ��t� �, r .. a J r � a#4r` k� y1T".rr�[,� r� ��c�' a. �,�nY}r1�,y+�
'I. +v�,:1;^,PV yf""•plk�7i +' � „' a �'M1 ' Y r r. a q � i i.\/ hirr�Yn��}<"i'W T}a i .,
1 p .' o
Base Zoning Districts
N ��0
, U !+ feet
0 940 1,880
Feet
4 Map produced by the P�anning Department
January 29,M,
„•
�� + ♦ b � � ® � of
� s
r
b ♦G �i� �♦♦ i® i♦ i • ,r
�r�r� ��GO ♦ie iiGi,���i �ir.�♦of t��
r�