HomeMy WebLinkAbout1929-03-18-ATM-MIN 266 .,
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SECOND ADJOURNED TOWN MEETING
MARCH 18 , 10r9 .
The meeting was called to order by the Torn Clerk nt 7 : 30 Peri .
He announced that the Moderator could not be prenent on account of
illnes , and Senator Joseph R. Cotton was therefor nominated and
elected to act as Moderator pro- tem .
Articles ,`.- 0 and ?1 . Upon motion of Mr . John H . Devine LLrticles
?0 and H_ were taken up together .
Mr . Devine read the report of the Committee for the heviev1
of the Present Zoning By - i-av: s , and on his motion the report
was unanimously accepted and the Committee discharged .
larch 15 , 1929 .
Report of Committee for the heview of the Present
Zoning By- bav s .
rpt an adjourned To\da llieeting held December 17th, 19` 81 it vas
VOTED : " Thrt the Board of Selectmen appoint a. committee
of ten citizens who shall be representative of
all sections and conditions of the town to unite
Ai th the Planning Board as ' Committee for the
reviev of the present zoning by- Lac' to see if it
is necessary to add to , alter , correct or amend
the present zoning by- laws so that the tovn FS 2
WhoLe may be substantially served and such
meetings as may be held by said zoning committee
be open to the public , and that said committee
report its recommendations as soon Ls it conven-
iently can . "
On the second day of January , 1991 the following committee .va. s
appointed by the Board of Selectmen :
Name address
Robert P . Trask 4c118 Massachusetts Avenue
i lliam Ea (ulliken 61 a+ a ltham Street
Curlys. L . Slocum Blossom Street
Elton B . McCausland 51 Bertwell Road
James E . McCarthy 6=_ 7 Chase Avenue
Clyde E . Qteeves 59 Hilltop Avenue
Roland k% Baldrey 1071 Massachusetts Avenue
Warren G . Lawson 151 Pollen Road
Arthur W . Hughes 117 f''ot tl er Avenue
John H . Devine 19 Slocum hoad
Shortly after January 'r,:nd your committee , including the six
members of the Planning Board met %nd organized .
John H . Devine was, elected chairman and Robert P . Trask
secretary .
Your committee in compliance with the above vote has held
eleven meetings , all of which have been open to the public .
In order to give all citizens an opportunity to be heard
it was arranged for meetings in different sections of the town ,
namely : - East Lexington , North Lexington, Mohawk Ulub and the
Administration Building , Lexington Centre .
Many citizens attended and discussed with the committee the
present zoning by- lavas and also the proposed amendments and the
committee has received valuable suggestions , a number of which have
been incorporated and made a part of the new proposed by- 1L c
annexed to this report .
Your committee is unanimous in the opinion that a zoning by -
law is essential to the town and that the present zoning by- law
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hu s been a real benefit , but the experience of the town during
the past five yergrs under the present lay has revealed numerous
point ': in respect to which the present law needs ti ) be ci rified ,
ambiguities that should be removed ani omissions that Alould be
supplied .
Your committee has studied carefully the proposed amendments
to the present zoning law drafted by the Planning Board and presented
At the December Town meeting and finds that to some extent the points
above referred to , namely ; the clarification of the present lav ,
removal of ambiguities and additional provisions as will make for
a more .satisfactory administration of the law .
bon ,) of the amendments proposed by the Planning Board were ,
in the opinion of your committee rather more restrictive than seem
necessary .
Your committee found the Planning Board ready and willing to
accept our suggestions and to withdraw: number of provisions that
had been urged .
It may be that at a later date the need for these will be
:acre apparent and perhaps at that time the to\\ n may find it desir -
eb _le to adopt them but at the present time it appears that the
toAn can obtain adequate protection 7:ithout going quite so far as
WE proposed .
any slight changes which the committee recommends are
mure or less formal and not effecting in any :ray any property
rights of the citizens of the Town and without changing sub-
stantially the provisions effected .
The changes upon vv: hich there was more or less discussion
are ES follows :
1 . Real Estate Signs .
. Nailing of signs on trees
3 . Classification of private and public schools .
4 . The approval of layouts to include the layout of lots
by the Board of Survey .
5 . Non- conforming uses .
6 . Statu = of lots narrower than 75 foot frontage duly
recorded by plan or deed at the time by- law is
adopted .
7 . Bopird of Appeal .
8 . Restrictions as to rear yards and per centum of building
thereon .
9 . Area and frontage of lots .
The recommendations of your committee ere as follows ;
L . REAL ESTATE S IGTNJ .
The principal objection in regard to real estate signs ev ,. s
to the prohibition of large sign: on subdivisions . it is recom-
mended that large signs be permitted on subdivisions , subject to
the approval of the Board of hppeals .
F . NAILING OF SIGN: ON TREES .
Your committee thought that this provision was not neces7ary ,
and therefore , did not include it in the proposed by - law .
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3 . CLASSIFICATION OF PRIVATE ANAL PUBLIC SCHOOLS .
Private and publicschool - h .ve been included in the
aanle class and now :subject to Vection 9 in the new proposed
by - law .
4 . THE APPROVAL OF LAYOUTS TO IJC. MbE THAI, LAYOUT
OF LOT: BY THE B0ARD OF SURVEY .
Your committee found this illegally extended the powers
of the Board of Survey and therefore this provision is
eliminated .
5 . NON -CONFORMING USES .
The proposal to permit the town through its board of hppecls
to dispense with a non- conforming use in the event of the des -
truction of such use , to the extent of 500 of its insurable
value , is , in the opinion of the Committee , probably desirable
and sound in principle , and in conformity with like provisions
introduced into mostzoning by-laws of recent dr ft but , in the
opinion of your Committee , destruction of but 50% of the
insurable value is too low , and we are recommending that the
per centum be raised to 90o . V`;hen a non- conforming use is
destroyed to the extent of 900 of its insurable value , no great
hardship can be imposed upon the owner in requiring 211 use
thereafter to be conforming .
6 . STATUS OF SOTS N1LREOV. ER THAN 75 FOOT FRONTAGE
DULY RECORDED BY PLt-;1J OR DEEiJ AT THE TILIE BY-
LAW IS ADOPTED .
Your committee recommends the withdrawal of the proposed
limitation as to side and rear yards on lots narrower than
75 foot frontage duly recorded by plan or deed at the time the
by- law is adopted .
Many citizens are owners of lots under the existing by- law
which provides for a minimum of 50 foot frontage . Your committee
felt that it might be an injustice to such persons .
7 , 110tIRD LF APPEidi e
The statute provides under the general laws that a Board
of Selectmen shall constitute a Board of A ppeal under the
zoning act , but this power may be delegated by the Selectmen .
The Board of Selectmen after conferring with members of the
committee have authorized your committee to say that when the
by- law is passed that they will delegate this power to E Board
of five members , one a member of the Board of Selectmen , one
a member of the Planning Board , and three members at large .
This will give the appeal board En opportunity to have the
benefit -Ind experience of the Selectmen and members of the
Pl `-nning Board with access to all available records in cDn-
nection with the committee ' s deliberation :_ on all matters
coming before them .
8 . bESTRICTIOIAS AS TO REAR Yk.RDS 1-_�J1 PEri CENTUM
-- -- ----- ----- ---- - ---
OF BUILiJING THaREON .
The committee recommends v, ithdray.'al of the proposed
restrictions .
9 . ARA D FRJNTLGE OF LOTS .
This subject has been very thoroughly investigated , and
your committee is unanimous in urging upon the town the im-
portance of raising the minimum frontage and area permitted
for buildings from 50 foot frontage and 5 , 000 square feet to
75 foot frontage and 7 , 500 square feet area for lots laid out
after the passing of the proposed by - ley;.
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269
Unias s this incre_: e is made there is little doubt but
what IJe„ Lngt ,-?n will develop after the manner of Arlington ,
► omervilLe , Chelsea. , Revere and such towns , and it is not
with such conditions that people are c: ttracted to move into
Lexington .
We nave founa it quite impossible to set forth in :Iny zoning
by - law all condition :; that must be complied with and the manner
i::l which they shall be met , and conclude that the greatest safety
to the town as a ' hole it in referring matters of an unuruL:.l sort
to the consideration of the Board of Appeals , under what /sill be
referred to as Section 9 , which shall , following a hearing ,
consider the various aspects of each individual mr: tter and determine
wh6: t , if any , conditions should be laid down with respect to the
given proposed use . A hearing is pretty certain to develop all
aspects ) f a given problem, and with such development before it ,
the Boar I of Appeals will be pretty certain to deal adequately
with every proposition and , in our opinion , can be relied upon to
deal fairly also with respect to all citizens . Experience in other
towns ani cities has demonstrated that a Board of Appeals is
more likaly to be over- liberal than over -restrictive , so that we
feel that all citizens may rest secure in the confidence that fair
treatment will be accorded in all instances .
In the deliberations of the Committee , there has been the
utmost 'iarmony rind freedom from any evident desire nn the part of
any single member or group of members to impose their will or wills
upon the Committee as a whole . There has throughout been evi -
denced only a sincere desire to benefit the town and to protect
it again :; t such developments as shall impair existing property values .
eexingtod can grow, and grow greatly in a way that will preserve
its healthful and satisfying conditions without hardship to any ,
bnd it i s with such a growth in mind that your Committee re-
commends the amendments to the zoning law that are presented
accompanyi&g thisreport .
John R . Levine , Chairman
• Robert P . Trask , Secretary .
E . Mul _liken Arthur W . Hughes
Curlys L . Slocum Frederick L . Emery
Elton B . McCaus t nd b'W►illiazn D. Milne
James E . McCarthy C . Edward Glynn
Clyde E . Steeves J . Henry Luffy
Roland V . Baldrey Clarence H . Cutler
.Rarren G . Lawson Harry n . ':Wheeler
Printed copies of the proposed zoning by- law as recommended
by the said committee were then presented to the voters , and
attention was called by Mr . Devine to certain errors and omissions
in the printed copy which had been corrected in the copy he
presented to the meeting .
Dr . Lawrence G . Mitchell asked a question revrding the
tentutive map , which cues tion was answered by the Town Engineer .
air . Neil McIntosh made an extended speech criticizing
i ei' ticuleirly the 75 foot frontt, ge , and 7500 foot provision in
the by - law .
further discussion was entered into by Mr . Robert L . Ryder ,
Mr . Patrick Flynn , LIY1r, .. Johnson , cnd Mr . Scheibe .
Ar . Devine then further explained the by- law .
Dr . James J . lAalsh moved tnat the words " physicians offices "
be added to sub- paragraph ( b ) of paragraph 6 in Section 4 in R 1
Districts . This amendment was adopted .
Mr . James H . Russell offered an amendment that the business
district on Bedford Street stop at the northerly line of the Lexington
Lumber Company prope, ty instead of the northerly line of Custance
Brothers property , ibis amendment wqs lost .
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Mr . Devine moved that the Loning By-Law of the Town be .7)
amended by substituting therefor the Loning By- Lave proposed by
the Committee .
ti rising vote with the result of 364 in the affirmative and
59 in the negative w is passed by the meeting .
The amended L'oning By- LFIr w . s therefor adopted as follows :
PROPOSED
JuV1 JLMJ1NTS
TO THE
SON IN G Li v.'S
OF THE
TOA OF LEXIi GTiliN
Section 1 . io promote the health , safety , convenience
and welfare of its inhabitants , to lessen the dangers from fire
nd tong e . tion and to improve r_'.nd beautify the torn, under
the provision.. of General Laws , Chapter 40 and Chapter 14Z and
under any other laws it thereto enabling the inspection ,
materia .Ls , construction , alteration, repair , height , area ,
location and use of buildings and structures and the use of
premises in the Town of Lexington t. re hereby regulated as herein
provided and the Town is divided into four types of districts
hereinafter defined in Section 3 , Paragraph ( b ) , z.nd as shown
on the zoning map prepared by J . Henry Duffy , Town Engineer ,
and filed with the Town Clerk March 17 , 19` 4 , and all amend-
ments thereto , which map is hereby made a part of this by- law .
Section ` . befinitions . In this by- law , tl. e following
terms shall have the meanings hereby assigned to them : -
( a ) A one - family Dwelling is a detached dwelling intended
and designed to be occupied by a single family .
(b ) k tv:o -family Dwelling is a detached dwelling intended
and designed to be occupied by tvvo families .
( c ) Am accessory use or building is a use or building
customarily incident to and Located on the same lot with t _le use
or building to which it is accessory .
( d ) At non- conforming use or building is an existing use or
building which does not conform to the regulations for the
district in which such use or building exists .
( e) street , as used in this by - law, sh211 be inter -
preted to mean any public v, ry for vehicular traffic or any
private way laid out for or used as a public way for such traffic .
section 3 . ( a ) On the map : -
R . 1 indicates one-family-dwelling residence district ;
R . r indicates two-family- dwelling residence district ;
C . 1 indicates commercial districts - retail stores and other
permitted businesses ; and
I . 1 indicates manufacturing districts - light manufacturing .
( b) Supplementing the map said districts are
defined as follows :
.
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R . 1 DISTRICTS
1 . Every p;: rt of the Town not shown upon the zoning map and
not hereinafter specifically designated moi ;; 1 , C 1 , and h
Lis tricts .
R . 2 DISTRICTS
1 . tl district beginning at the extreme easterly point of the
Toc,n , td joinin. the town of inchester , thence extending
southie eterly along the boundary line between Lexingt n and 1::i_ n-
chc: s. ter and between Lexington and tirlington to the Arlington
Reservoir , thence north testerly along said Arlington Reservoir
to 1M1unr,n° Brook , thence along said. Brook to a junction therewith
of a brook commonly known as Reeds Brook , thence northeasterly
along said brook to the boundary between Lexington cnd !r; inchester ,
thence southeasterly along id boundary line to the
�� � boundary point of
beginning .
`
Lxcept the business districts hereinafter specifically
designated therein , everything between the easterly line of
Massachelsetts 'venue and the Railroad property fr _qm the northerly
line of Boy Street northerly along said
avenue to the southerly
line of Fattier Avenue.
LB . Except the business districts hereinafter specifically
Jesigrn.ted therein along the westerly side of Llassschus, ettc
: . venue from the northerly line of k:ylvie Street to a line 100
feet distant , southerly from the southerly line of Charles Street ,
and of <�a depth of 100 feet westerly from the adjacent side line of
Massachusetts Avenue .
Mn the westerly side of Massachusetts Avenue beginning
et the northerly line of Lisbeth Street and extending northerly
along said Avenue to the southerly line of Oak Street and of a
depth of 100 feet westerly from the adjacent side line of
saassachusetts Avenue .
3 . Except thebusiness districts
hereinafter specifically
designated therein everything bete,een the easterly line of Mass -
chusetts Avenue and the Railroad property from nobbinc. Cemetery
northerly along said Avenue to a point opposite the northrly
boundary of Follen i'Loac , excepting the single family residence
district on the easterly side of Massachusetts Avenue beginning
opposite the northerly boundary of Follen Road r nd extending
southerly along said Avenue to a point opposite the southerly
line of Oak Street and of depth of 1001 feet inward from the
easterly line of Massachusetts Avenue .
4 . Except the busines e district hereinafter s pecifici� 1 .1
y
design,: ted as located therein , everything between the easterly
side line of Maseachusettr Avenue and the Railroad property ,
from a point on Lassa chusettc Avenue opposite £' olleA Road ,
norther-
1Y along said Avenue to aline 100 feet distant , � �utho rly from
the southerly line of Maple Street , c: nd along the ',westerly side
of : iassachusetts Avenue from the northerly line of 1ollei no yd
to the southerly line of Plainfield Street and of c. depth of
103 feet westerly from the adjacent side line of Massachusetts
Aivenu :: .
5 . . . oburn Street ; beginning at the westerly line of Utica
: treet , end at a point on Woburn Street opposite said line , r long
both side : of :, oburn ►street westerly to the Railroad property ,
except the business districts hereinufter specifically designated
cs embraced therein and a depth of 100 feet inward from the
southerly side of 'Y. oburn Street and on the northerly side of Vine
street for a depth of 100 feet in therefrom together u. :ith the en -
tire 5rea erbrsced between \''oburn Street and Vide Street , except
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such portions as are hereinafter specifically designated as
business districts therein, and on both sides of Cottage Street CC
for a. depth of 100 feet except the business district herein fter
specifically designated as embraced therein .
6 . On both sides of hayes Lane , Fletcher Avenue , wheridan
Street , Grant Street , and Sherman Street for a depth of 100 feet
in from each and including all land that lies between any tvo of
said streets , and from any one of them to the Railroad Property .
7 . 0n Bedford Street , from the most southerly business districts
hereinafter specifically designated , extending northerly to hevere
Street end Hill Street and embracing both sides of Tewksbury Street ,
of Shirley Street , and of Sargent Street , and extending in each
instance to a depth of 100 feet in from the adjacent boundary line of
said streets .
8 . On the easterly side of Massachusetts Avenue from Cedar
Street extending northerly to Lake Street and embracing everything
between and on both sides of Cedar and Lake Streets extending in
an easterly direction to the westerly side of Columbus Street .
C . 1 . DISTRICTS
9 . Beginning at the Arlington Line , on the easterly side of
Massachusetts Ixvenue extending northsrly to bow Street , and em-
bracing everything between Massachusetts Avenue and the Railroad
property .
10 . Upon the westerly side of Massachusetts Avenue extending
from the Arlington Line northerly to a point 100 feet beyond the
northerly line of bylvia ►street and of a depth throughout of 100
feet from the westerly line of Massachusetts Avenue .
11 . Upon the easterly side of Massachusetts tivenue beginning
at the northerly corner of bow Street and extending northerly for
a distance of 120 feet , thence easterly for a distance of 110
feet , thence southerly for a distance of 115 feet to "ow ► treet ,
thence westerly 110 . ' feet to the point of beginning .
12 . beginning at i''ottler avenue on the easterly side of Mass -
achusetts
ass -
achusetts Avenue extending northerly to and embracing both sides of
the private way leading in to East Lexington Station and embracing .
everything between Massachusetts Avenue and the Railroad Property .
13 . Upon the easterly side of Massachusetts Avenuetbeginning
at a point 200 feet more or less south of the southerly exterior
boundary of Curve Street , said point being the present boundary
line between property of the Standard Oil Company of Jew York and
property of & ry E . Barnes , thence along the easterly side of
Massachusetts Avenue to the southerly boundary of' the northerly
entrance to Curve Street , and of a depth of 100 feet inward from
Massachusetts Avenue throughout .
14 . Upon the westerly side of Massachusetts Avenue beginning
at the southerly side of Independence Avenue and extending south-
erly along the westerly side of Massachusetts Avenue to a point
opposite the southerly termination of the business district upon
the opposite easterly side of Massachusetts Avenue and of a depth
inward of 100 feet from the westerly line of Massachusetts /venue .
15 . Beginning at the junction of Fletcher Avenue and Woburn
Street , and extending northerly along the easterly line of Mass -
achusetts Avenue to the southerly line of Meriam Street and
throughout its entire length extending easterly to the Railroad
Property .
16 . Upon the westerly side of Massachusetts Avenue beginning
at the northerly line of Winthrop itoad and extending northerly to
a point opposite the southerly line of Meriam Street and of a
depth of 100 feet from the westerly line of Massachusetts Avenue,
throughout .
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17 . On both sides of Waltham Street extending westerly
from Massachusetts Avenue , the plot on the southerly side ex-
tending to the easterly line of Vine Brook Load , and the plot
on the northerly side extending to U. point opposite the easterly
line of Vine Brook Road , each plot of L depth of 100 feet from
the adjacent side line of Waltham Street .
18 . On the westerly side of Bedford Street from the
southerly line of the present Colonial Garage property , and from
E. point directly opposite on the easterly side , and extending
northerly along both sides of Bedford Street , to the present
northerly line of Custance Brothers Yard , on the westerly side
of Bedford Street , and to s point directly opposite on the
easterly side , the former plot being of a depth of 100 feet
westerly from the westerly • side of Bedford Street, and the letter
plot extending to the Railroad on the easterly side of Bedford
Street .
19 . On the easterly side of Bedford Street the property
known as the CGrbarn property , extending from Bedford Street to
the Railroad property, End on the westerly side of Bedford Street
extending southerly from a point opposite the northerly boundary
of the Carbu rn Property to Reed Street and of a depth of 100 feet
from the westerly line of Bedford Street .
` � . On the easterly side of Bedford Street beginning at the
R? i Lr• oad property and extending 150 feet more or less northerly
along Bedford Street and embracing the property formerly known
as the ��'illiGm. L . Burrill property and of a depth of 100 feet
easter Ly in from the easterly side line of Bedford Street , and on
the : esterly side of Bedford Street beginning at its junction
with the railroad property and extending along the railroad
property for a distance of 500 feet and extending easterly to the
brook known as the North-Lexington Brook .
21 . At the junction of Bedford Street and North Hancock
Street upon the easterly side of Bedford Street and northerly
side of North Hancock Street , extending f-: 00 feet northerly along
Bedford Street and 250 feet easterly along North Hancock Street , and
of a depth of 100 feet from the adjacent side line of each .
22 . At the junction of Woburn , Lomeli , and Laconia Streets
business districts upon each of the corners of 100 feet in depth
and extending for a distance of 200 feet along each street from
the junction points of the side lines of the streets .
3 . tit the junction of Waltham Street and Concord Avenue ,
business districts upon the four corners of the crossing extending
- 00 feat along each street from the crossing points of the side
lines of the streets , and of a depth of 100 feet .
• 24 . At the junction of Waltham Street and Marrett Road ,
formerly Middle street , business districts upon the four corners
of th3 crossing extending (:00 fecat in each instance from the crossing
points of the side lines of the streets along said streets and each
of a depth of 100 feet .
F5 . At the junction of Marrett hoad , formerly Middle
Street , L) pring and Bridge Streets , a business district ex-
tending from the junction points of the side lines of and upon
both sides of the intersecting streets for distance of 150 feet
and of a depth of 100 feet from the adjacent street lines in each
instance . •
26 . nt the junction of Marrett load , formerly School Street ,
LincoLn and School Streets commonly known as "The Five forks "
a business district extending from the junction points of the side •
lines of and upon both sides of the intersecting streets for a
distance of 200 feet and of a depth of 100 feet from the adjacent
street line in each instance .
•
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;77 . At the junction of Lowell Street and North 'street as
fo L Lows : On both sides of Lowell Street a distance of 300 feet
northerly and 300 feet southerly from the point of intersection
of the center lines of Lowell ► treet and North ►Jtreet , and on both
side :_ of North Street 6 distance of :T50 feet northwe .= terly from
the point of intersection of the center lines of Lovell and
North ►Streets , and on both sides of North Street northeasterly
a distance of ': 00 feet from the intersection of the center lines.
of Lowell and North ctreets .
Upon both sides of !';oburn L% treet , beginning on the
northerly side , at Vine Street and extending easterly to the
westerly line of Manley Court , and upon the southerly side , be-
ginning at the easterly property line of the Railroad and extending
easterly to the esterly boundary of the most easterly entrance
to Cottage Street , each plot of a depth of 100 feet inw rd from the
adjacent side line of oburn Street .
I . i LI ► TRICT :
` 9 . Beginning on the easterly line of the Railroad property
at the northerly side line of Fottlet avenue and extending along
the easterly line of tha Railroad property for a distance of
` , 700 feet , thence easterly inward from said Railroad property
a distance of 300 feet , thence southerly parallel r'ith said
Railroad property to a point opposite the point of beginning ,
thence westerly to the point of beginning .
30 . A plot f5 feet wide upon each side of the Railroad
property extending from Uestview Street , formerly knovn ss ►,ummer
Street , in G southerly direction tO the northerly line of Centre
2treeu .
Section 4 . In the following districts the designated
buildings and structures and alterations and extensions thereof
are permitted also the designated uses of lands , buildings ,
structures , or pmrts thereof , and no others : -
In
thers : -
In R . 1 Districts : -
1 . One- family detached houses .
The taking of boarders or the letting or renting of
rooms by a resident family in a dwelling ; but no dwelling so
used spall be constructed or enlarged for the purpose unless
Specially Permitted under provisions of ► ection 9 .
3 . Churches , public libraries an,i parish houses .
4 . Farms and customary uses thereto only , and truck
gardens .
5 . Real estate signs of not over six si u; re feet in area
advertising the sale or rent:d of only the premises on x . hich
they ere located , an& bulletin boards accessory to uses
specified in paragraphs ' 3 , 4 , and 6 under R . 1 districts ; but in
single subdivisions large signs may be erected but subject to the
provisions of Section 9 .
6 . Subject to the provisions of ection 9 , the following : -
( a ) Greenhouses and nurseries , trucking and/or express busiL1e :_
( b ) Hospitals , sanatoria; , physicians offices , charitable
institutions , public and private schools , halls , cluba and meeting
places , cemeteries and telephone exchanges .
( c ) Public parks , playgrounds , recreation buildings , water
towers and reservoirs .
( d) Passenger stations , fire and police stations , landing
fields and radio and other public service sites , buildings and/ or
uses not elsewhere covered .
2 `5
In R . 2 Districts : -
All uses that are permitted under R . 1 but subject to any
conditions and restrictions set forth therein , and the following : -
1 . Two- family dwellings _
Subject to the provisions of Section 9 , hotels , boarding
and lodging houses .
In C . 1 Districts : -
All uses that are permitted under R . 1 and R . 2 but subject
to any conditions and restrictions set forth therein and the
following : -
1 . Apartment houses , subject to other laws and by- laws .
� . Retail stores and shops for custom work or the making
only of articles to be sold at retail on the premises .
3 . Business or professional offices and banks .
4 . Restaurants and other places for serving food .
5 . Places of business of a seller of bakers ' products ,
barber , caterer , clothes cleaner and presser , confectioner ,.
decorator , dressmaker , retail dyer , electrician , florist , furrier ,
hair dresser , hand laundry , manicurist , milliner , news -dealer ,
optician , painter , paper hanger , photographer , shoemaker , shoe
repairer , shoe shiner and tailor .
6 . Subject to the provisions of Section 9 : -
( a ) Blacksmith , builder , carpenter , contractor , mason ,
plumber , printer , publisher , roofer , tinsmith , upholsterer ,
undertaker ; and similar uses which may , as provided under Section
9 , in specific instances be found to be compatible with the
uses above mentioned .
(b) Theatres , moving picture shoihat bowling alleys , skating
rinks , billiard rooms and similar commercial amusement places .
( c ) Retail gasoline and oil stations , garages for storage
and repair , salesrooms for motor vehicles and stables .
( d) Billboards , as regulated by law and by laws .
( e ) Retail dealers in ice , grain , fuel , lumber and structural
Materials , milk depots and other commercial non-manufacturing
uses not hereinbefore specified .
In M . 1 Districts ( light manufacturing ) ; -
LU buildings and uses permitted under R . 1 , R . 2 , and C . 1 ,
but subject to any conditions and restrictions set forth therein
and the following : -
Light
ollowing : -Light manufacturing , employing only electricity and/or other
substantially noiseless and unoffensive motive power , utilizing
hand labor and/or quiet machinery and processes , free from neighbor-
hood disturbing odors and/or agencies .
HEIGHT REGULATION S
Section 5 . Residence Districts : -
( a) The limit of 'height in all residence districts shall be
two and one-half stories not to exceed forty feet , except that
schools , municipal buildings and hotels may contain three full
stories and may go as high as forty-five feet .
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( b) The limitations of height in feet shall not apply to _
chimneys , ventilators , skylights , tanks , bulkheads , penthouses and
other accessory features usually carried above roofs , nor to domes ,
towers or spires of churches and other buildings , if such features
are in no way used for living purposes .
AREA REGULATIONS
Section 6 . ( a ) In R . 1 and R . 2 districts no dwelling shall
be erected upon land laid out for houselots after the adoption of
this by- law unless there be provided for each such dwelling e lot
frontage of not less than 75 feet upon the frontage street , and an
area of not less thau seven thousand five hundred square feet .
On each side of each dwelling or other permitted main structure
there shall be provided a side yard of at least ten feet in width
which shall be kept open from the front line of the main structure
to the rear line thereof .
This paragraph shall not apply to lots of less than 75 foot
frontage duly recorded by plan or deed at the time this by-law
is adopted .
( b) Following adoption of this by-law, when e
street layout- shall be approted by the Board of Survey , said board
shall at the tame time also approve the layout of lots made
accessible by said street layout .
( c ) There a corner lot has its corner bounded
by a curved line connecting other bounding lines which if extended
would intersect , the frontage and area shall be computed as if
such bounding lines were so extended .
Section 7 : -
( a) In residence districts designated as R . 1 and R . r ,
and in C . 1 districts designated at the following points , namely ,
junction of Waltham St . and Marrett Rd . , known as Grape Vine
Corner; junction of Marrett Rd , and Spring St . ; junction of Lincoln
and School Sts . and T, arrett Rd . , commonly known as " Five Forks114.
junction of Waltham St . and Concord Ave . and of Woburn and Lowell
Sts . , and in C-1 districts hereafter created , a yard of at least
twenty feet in depth between the exterior line of the street , and
not less than 40 feet from the centre line of such street , whether
accepted or not , and the adjacent line of any porch or building ,
shall be provided for every lot of land , and no new building or
structure shall be constructed and no building or structure shall
be moved , altered , reconstructed, enlarged or rebuilt iii such
districts so that a yard less in depth shall result ; except that
this section shall notapply to buildings fronting on streets on
which building lines shall have been specially established according
to low during or subsequent to the year 194 .
( b) Dwellings hereafter erected on land not fronting on a
street shall have not less than the minimum lot area as provided
in this by- law , and an approach street established under the
Board of Survey Dict , and• in any event only by application under the
subject to the provisions of Section 9 .
ACCESSORY USES
Section 8 : -
( a) i. ccessory uses shall be such as do not alter the
character of the premises on which they are located , or impair the
neighborhood .
( b) Private garages for not more than three cars shall be
permitted as accessory uses , but subject to the provisions of
paragraph ( a) .
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277
( c ) Where the term " accessory" applies to manufacturing
of any kind , it shall be restricted to such light manufrcturing
as is incidental to a permitted use and where the product is
customarily sold on the premises by the producer to the consumer .
( d) Hotels , as distinct from apartment houses , where permitted
under this by- law, shall contain no arrangements of any description
for private cooking or housekeeping .
111
EXCEPTIONS
Section 9 : - •
Permits by board of .lppeals Required as a Condition Precedent .
Then in its judgment the public convenience and welfare will be
substantially served , ana where such exception will not tend to
impair the status of the neighborhood , the Board of Appeals
may in a specific case , upon written petition , a hearing of which
fourteen days ' public notice is provided for in ►erection 17 shall
have been given , and subject to appropriate conditions and safe-
,
guards , determine and vary the application of the regulations here
established in harmony with their general purposes and intent as
follows : -
( a) Permit any uses referred to this section by other
sections hereof .
( b) Permit variations from the provisions of Section 6 and 7
there topography or other conditions make it necessary .
( c ) Permit the alteration of . one-family house or building
wherever located toaccommodate more than one family .
( d) Permit temporary structures and uses that do not conform
to the uses and regulntiona herein prescribed , with such conditions
as will protect the community , provided that no such permit shall
be for more than a one-year period .
( e) Permit for yearly terms production of articles in -:hole
or substantial part from materials excavated or groin upon the
premises .
( f) Permit for yearly terms a roadside stand for the sale of
only the products of the land of the owner vvithin the town ,
provided that the front yard regulations and all other conditions
imposed by the Board of Appeals are complied with .
( g) Permit in any district any use obviously intended , or be-
cause harmonious or compatible with or accessory to the uses or any
of them herein mentioned , or necessary for public convenience or
benefit , but which has not been specifically mentioned , which may
have developed since the framing of this by- law .
( h) The building inspector shall grant no permit under this
ection except as directed by the Board of Appealsfollowing the
procedure laid down herein , and in conformity with the decision
of the Board of Appeals .
GiNLRAL PROVIEIOidS
Section 13 . Existing buildings . 1-ny building or part of a
building v.hich , at the time of the adoption of the original •
Lexington Zoning By- Law was and still is being put to a non-
conforming use , may continue to be used for the same purpose or
for purposes not substantially different , and may be repaired or
structurally altered ; but no such building , if destroyed to the
extent of 90 per cent of its insurable value , shall be rebuilt , nor
shall such building be extended or enlarged except after a public
hearing by the Board of Appeals following a 14 days ' public notice ,
as provided by Section 17 , and then only upon order of the Board of
Appeals , and otherwise subject to the terms and provisions set forth
in Section 9 .
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Section 11 . District Boundaries . The district boundaries CO
shall be as shown on the zoning map , supplemented by the defi -
nitions thereof in Section 3 . When boundaries not otherwise
defined run between streets and approximately part tlel to
them , they shall be deemed to follow a mean line between said
streets , except that any such boundary when bounding the rear
of a business district or where paralleling a street through an
undeveloped area , shall be not more than one hundred feet inward
from the building line of such street .
Section 1r . Conflict of laws . vvhere this by- law imposes
a greater restriction upon the use of buildings or premises than
is imposed by existing provisions of other by - laws , of the
town , the provisions of this by- law shall control .
Section 13 . Plata. Epplication of building permits shall
be accompanied in each instance by a plr n of the lot in :iupli ca to
drsv. n to scale , showing the dimensions of the lot and the
exs ct location and size of buildings already upon the lot , and of
the buildings to be erected , together with streets and alleys on
and adjacent to the lot . A redord of such applications and plata
shall be kept on fi 1e in the office of the building inspector .
Section 14 . Enforcement . Except as otherwise provided ,
this by- law shall be administered by the building inspector . He
shall approve no application of any kind , plans and specifi -
cations and intended use for which are not in all respectsin
conformity with this by-law .
Section 15 . Occupancy Permit . No building erected , al -
tered or in any way changed as to construction or use under
permit , shall be occupied or used without an occupancy permit
signed by the building inspector , which permit shall not be
issued until the building and its uses and uccessory uses comply
in all respects with this by- law.
Section 16 . iippeals . Any person aggrieved by the re-
fusal of the building inspector to issue a permit on account
of the provisions of this byelaw, or any person who is
aggrieved by the issuance of a permit or by a decision of
the building inspector , made under the provisions of this law,
may , by giving the building inspector and the Board of Appeals
notice in writing within ten days from the date of the issuance
of the permit or of the decision appealed from , appeal to the
Board of Appeals , who shall give a public hearing , upon
fourteen days ' public notice as provided by L' ection 17 , before
rendering a decision , and record all decisions and the reason
therefor .
Section 17 . Amendments . The Planning Board , upon vote of
the Town, upon petition signed by owners of 50 per cent in
valuation of the property designated or accepted by the Planning
Bo .. rd as affected by the respective proposed amendments , or •
upon its own initiative , shall hold public hearings , 14 days '
public notice of which shall be given in a local paper and
upon notice by mail to such interested parties as the Board
shalL designate , for consideration of all proposed amendments
to this by- law , and report to the Town its recommendations
as to what action should be taken, and no amendments shall be
made to this by- law except pursuat to the provisions of this
section .
Section 18 . The invalidity of any section or provision
of this by- law shall not invalidate any other section or pro-
vision thereof .
Section 19 . This by-law shall take effect upon its
approval by the Attorney General and publication according to law .
Section 20 . Any building , structure or u _ e of premises:
riot herein expressly permitted , if hereby forbi i'ien .
Secti ;n 21 . No owner shall knowin6ly permit violation of
the provisions of this by- law by any tenant or occursnt of his
premises .
279
Article 17 . Under this article on motion of Mr . James H . Russell ,
it was unanimously
" Voted : That the town grant Stanley Hill Post No . 38 , The
American Legion, Lexington , Mass . , the use of the auditorium in
the Cary Memorial Building without charge on April 19th ,
November 11th and four other evenings in each year , also the use
of Estabrook Hall in said building without charge , for the
regular meetings of the lmerica.n�Legion . "
irt . r . Mr . Charles H . Spaulding read the report of the
Committee on Increased School Accommodations appointed
19 8 , and on motion of Mr . ►Jpaulding the report wasmarch
and
accepted
the Committee discharged .
REPORT OF THE COMMITTEE ON INCREASED SCHOOL ACCOM AODATIONS
The Committee of Seven appointed by the Town Moderator
to study the increased school accommodations for Lexington was
organized in May 1918 .
Several meetings were held during the year . The committee
members , as a group and individually , have studied our
school conditions and the needs of the future . present
A survey of the present conditions of the school buildings
shows that the Hancock School is much overcrowded and all avail-
able rooms at the other schools are in use . The normal rarly
increase of pupils in the elementary schools is approximately 75 .
After carefully considering the various angles of the housing
situation, it would appear that the present school houses could
not possibly care for the pupils longer than the close of the school
year in June 1930 . 1
In view of the normally expected growth of the town over a
period of the next five years it appears to the Committee that it
will be necessary .
First , To erect an eight room elementary school in the
Southern part of the town . •
Second , The building of an eight room addition to the Adams
School .which would also care for the pupils now housed in the old
wooden building at the Adams ►'chool .
J n � Third , The probable?. need of an addition to our present
u for enior High School building .
Luring the last five years there has been a very large in-
crease in the school population in the southern part of the town .
There are three special developments in that locality . The
Firmcrest Section, the Fair Oaks Section and the Cary Estate
Development . The number of children at present in this entire
section including these special -ievelopments above named who are
attending the first six grades iso 130 . They are all being trans -
ported to the Hancock School and the Munroe School at a consider-
able expense to the town and at inconvenience to the pupils and
parents .
If a school is established in the southern section of the
town the congestion of the riancock School and the Munroe School
will be relieved allowing them to care for the normally expected
growth in parts of the town adjacent to these schools .
lhe town undoubtedly needs additional school facilities both
in the southern part of the town and in the East Village . But to
undertake a building program requiring immediate construction work
on both schools would throw an unnecessarily heavy burden on the
town tax rate . It is therefore the unpleasant task of this
Committee , while recommending both buildings , to state that in its
opinion the immediate erection of a new building in the southern
part of town is required for the greatest good to the greatest
number . But the Committee would strongly recommend that construc -
tion begin at Adams School as soon thereafter as possible .
280 00
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In conclusion , the Committee strongly urge that provision be
made at once to carry out the first recommendation of your Committee ,
that is , the erection of an elementary school in the southern part
of the town . To this end , the Committee caused Article #24 to be
placed in the warrant for this meeting .
This article is ar follows :
" To see if the Town will appoint a Building Committee of Seven ,
of which three shall be the School Committee , to secure architect ' s
plans and contractor ' s bids for ` new Elementary School building
in the southern part of the town and provide by appropriation Nnd
assessment , or otherwise , the money necessary for such purpose , or
take any other action relative thereto . "
Respectfully submitted ,
Charles H . Spaulding , Chairman
Clara Barbour
Minnie h. Glynis
Neil McIntosh
Howard S . 0 . Nichols
James Stuart Smith
James W . Smith .
On motion of Mr . Spaulding the following votes were passed
unanimously .
" Voted : That the Moderator be authorized to appoint a School
Building Committee of Seven , of which three shall be the School
Committee , to recommend a building Ate , to secure architect ' s plans
andcontractor ' s bids for the erection of an eight room elementary
school building in the southern section of the town, and to report
to the town not later than September 19<;9 . "
" Voted : That the Town appropriate and assess the sum of
Three Thousand collars for the necessary expenses of the School
Building Committee of Seven . " 111
On motion of Mr . Theodore A . Custance , it was voted to
adjourn the meeting for three weeks to npril 8 , 199 at 7 : 30 P . M .
The meeting adjourned at 10 : 38 P . M .
is true record , Attest :
oZp•
Town Clerk .
* Committee Appointed : James S . Smith, Howard S . O . Nichols , Mrs .
C . Edward Glynn, William H . Ballard, Charles H . Spaulding ,
Mrs . S . Lewis Barbour, and Clyde E . Steeves .
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