The URL can be used to link to this page

Home My WebLink About2009 STM AG BYLAW Approval MEMORANDUM TO: Norman P: Cohen, Chairman- Board of Selectmen FROM: Donna M. Hooper, Town Clerk DATE: March 12,2010 RE: November 9, 2009 Special Town Meeting Office of the Attorney By-Law Approval This office has received notice fiom the Attorney General, dated March 8, 2010, of approval of the amendment to the Zoning Bylaws voted at the November 9, 2009 Special Town Meeting, Zoning Bylaw: Article 2— ZBL Amendment to Preliminary Site Development and Use Plan, Lexington Technology Park, 125,131 and 141 Spring Street (N/K/A 125 Spring Street, 200, 300,400 and 500 Patriot Way) CD-10 District Article 3 -- Zoning By-Law—Amendment to Preliminary Site Development and Use Plan, Cubist Pharmaceuticals, Inc., 45, 55 and 65 Hayden Avenue, CD-9 District Article 4--Amend Zoning By-Law In accordance with Chapter 40, Section 32 of the Massachusetts General Laws, copies of Attorney General approval of the By-Law articles so noted are being published in a Town Bulletin. Amendments to the General By-Laws take effect on the date of posting. Zoning By-Law amendments are deemed to have taken effect from the date voted by Town Meeting. cc: Town Manager Town Counsel Town Moderator Appeals,Board of Planning Board Building Commissioner o 1775 A Town of Lexington Town Clerk's Office 4 3 z Ant i a Donna M. Hooper,Town Clerk Tel: (781) 862-0500 x270 Fax: (781) 861.2754 TO WFIr NBD ULL]EMIN RE: Office of the Attorney General Approval of Zoning By-Law Amendments DATE: March 12, 2010 Notification has been received from the Office of the Attorney General regarding action taken on the approval of amendments to the Zoning Bylaw as voted at the November 9, 2009 Special Town Meeting. Zoning Bylaw.: Article 2— ZBL Amendment to Preliminary Site Development and Use Plan, Lexington Technology Park, 125,131 and 141 Spring Street (N/KIA 125 Spring Street,200, 300, 400 and 500 Patriot.Way) CD-10 District . Article 3-- Zoning By-Law-Amendment to Preliminary Site Development and Use Plan, Cubist Pharmaceuticals, Inc., 45, 55 and 65 Hayden Avenue, CD-9 D_ istrict Article 4—Amend Zoning By-Lase 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•LEXrNGTON,MASSACHUSE`17S 02420 THE COMMONWEALTH OF MASSACHUSETTS z _ OFFICE OF THE ATTORNEY GENERAL WESTERN MASSACHUSETTS DNISION 1350 MAIN STREET MARTHA COAKLE'Y SPRINGRELII, MASSACHUSETTS 01103-1629 (413)784-1240 ATTORNEY GENEtAL www.mass.gov/ago March 8,2010 Donna M.Hooper,Town Clerk 1625 Massachusetts Avenue Lexington, MA 02420 RE: Lexington Special Town Meeting of November 9,2009- Case#5417 Warrant Articles#2,3,and 4(Zoning) Dear Ms.Hooper: Articles 2,3,and 4- We return with the approval of this Office the amendments to the Town by-laws adopted tinder these Articles on the warrant for the Lexington Special Town Meeting that convened on November 9,2009. Note: Pursuant to G,L.c.40,§32,neither general nor zoning by-laws take effect unless the town has first satisfied the posting/publishing requirements of that statute.Once this statutory duty is fulfilled,(1)general by-laws and amendments take effect an 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 tit is 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 tntly.youus, MARTHA COAKLEY ATTORNEY GENERAL by:Margaret J.Hurley,Assistant Attorney General Chief,Central Massachusetts Division Director,Municipal Law Unit One Exchange Place Worcester,MA 01608 (508)792-7600 x 4402 ec: Town Counsel(via ernail) {l] E TOWN CLERK'S CERTIFICATE I, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts, hereby certify that at the.adjourned sessions of the 2009 Special Town Meeting held on November 9, 2009, the following'motion was adopted render Article 2. ARTICLE 2: ZONING BY-LAW — AMENDMENT TO PRELIMINARY SITE DEVELOPMENT AND USE PLAN, LEXINGTON TECHNOLOGY PARK, 125, 131 AND 141 SPRING STREET (NfKIA 125 SPRING STREET, 200, 300, 400 AND 500 PATRIOT WAY) CD-10 DISTRICT MOTION: That the Preliminary Site Development and Use Plan adopted as part of the CD Planned Commercial District at the May 2004 Town Meeting for the property known as "Lexington Technology Park" be amended in accordance with the Amended Preliminary Site Development and Use Plan (Amended PSDUP) originally filed with the Town Clerk and the Planning Board on June 22, 2009 and revised and refilled on 0.ctober 30, 2009. Declared Adopted by more than the necessary two-thirds vote. A true copy. Attest: ItlLtti Donna M. Hooper, To Clerk Novcinber 30, 2009 TOWN CLERK'S CERTIFICATE I, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts, hereby certify that at the adjourned sessions of the 2069 Special Town Meeting held on November 9, 2009, the following motion was adopted tinder Article 3. ARTICLE 3: ZONING BY-LAW--AMENDMENT TO PRELIMINARY SITE DEVELOPMENT AND USE PLAN, CUBIST PHARMACEUTICALS, INC., 45, 55 AND 65 HAYDEN AVENUE, CD-9 DISTRICT MOTION: That the Preliminary Site Development and Use Plan adopted as part of the CD Planned Commercial District at the November 1997 Special Town Meeting for the property known as '45, 55 and 65 Hayden Avenue (a/k/a the Cubist Pharmaceuticals Campus)" be amended in accordance with the Amended Preliminary Site Development and Use Plan (APSDUP) originally filed with the Town Clerk and the Planning Board on July 30, 2009 and revised and refilled on October 30, 2009. Declared Adopted by more than the necessary two-thirds vote. A true copy. Attest: Donna M. Hooper, Towk Clerk November 30, 2009 1 ' i TOWN CLERK'S CERTIFICATE 1, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts, hereby certify that at the adjourned sessions of the 2009 Special Town Meeting held on November 16, 2009, the following motion was adopted under Article 4. ARTICLE 4: AMEND ZONING BY-LAW MOTION: That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as follows: 1. Add the following definition after the definition of"APARTMENT BUILDING" and before the definition of"ASSISTED LIVING RESIDENCE" in §135-8: ARTISAN WORK-The creation, finishing, refinishing or similar production of custom or hand- made commodities, together with the retailing of such commodities, 2. - Amend row 6.21 in Table 1 (Permitted Uses and Development Standards), Part B (Commercial Uses) by deleting the existing row and replacing it with the following: CN CRS CS CB CLO CRO CM 6.21 Office located on a street level floor Y N N SP* Y Y Y (*In CB District,office shall not be permitted in a Center Store Front''A Center Store Front is defined as the portion of the ground floor level of a building in the CS District that has frontage on a public way or a public parking lot. 3. Amend row 7.28 in 'fable 1 (Permitted Uses and Development Standards), Part B (Commercial Uses) by deleting"Private postal services (see definition)" and replacing that text with "Private postal services." 4. Add a new row 8.22 in Table 1 (Permitted Uses and Development Standards), Part B (Commercial Uses) as follows: CN CRS CS CB CLO CRO Ctlfl 8.22 Artisan work N N N Y N N N 5. Amend row 9.12 in Table.I (Permitted Uses and Development Standards), Part B (Commercial Uses) by deleting"Fast-food or takeout service scrN'ing enough food to comprise a meal" and. replacing that text with "Fast food service." 6. Amend row 9.13 in Table 1 (Permitted Uses and Development Standards), Part B (Commercial Uses) by deleting "Takeout or fast-food service serving food or beverages, such as coffee, snacks, ice cream, or donuts, but not enough to comprise a meal" and replacing that text with "Takeout food service."