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HomeMy WebLinkAbout1950-11-27-STM-Warrant N. TOWN WARRANT COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To the Constable of the Town of Lexington, in said County, Greeting: In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of Lexington, qualified to vote in elections and in Town affairs, to meet in Cary Memorial Building in said Lexington, on Monday, the twenty-seventh day of November, 1950, -11 -y6�, at 8: 00 P.M. , then and there to act on the following articles: Article 1, To receive the reports of any Board of Town Officers or of any Committee of the Town and to appoint other Committees. Article 2. To see if the Town will vote to accept the following bequest contained in Paragraph Eleventh(b) of the will of George L. Gilmore, late of Lexington, Middlesex Probate Docket #212)+70: "To the Town of Lexington, to be held by the Trustees of the public funds or such other officers as the Town may from time to time direct, the sum of Ten Thousand Dollars ($10,000) , the income therefrom to be used as the Town may from time to time vote; and if at any time a special use arises to which in the opinion of the Selectmen the principal of said fund may be applied, then the principal of said fund may be so applied upon vote of the Town Meeting authorizing same. " and determine the manner in which such bequest shall be held and administered, or act in any other manner in relation thereto. . e 2 �as amended, ARTICLE 30 To see if the Town will vote to amend /the Zoning By-Law by striking out Sections 1 to 21 inclusive thereof and sub- stituting therefor the following Sections 1 to 20 inclus9 e, or act in any other manner in relation thereto: iy� i W5tl� c 1. . i„i a ef, 14 `T `s r.4 7 ' a2P�. n .v kfz t rr ' . € { : ' iin7v '' , t”r'+ "{�n ` , al " ' r , , SY"ld �x5;1,vfi n 1' tv'''0"0 n s k.11 ')T1 .', x t fte.?'' ° : ,Y ,fi ; °a4, C1 $1)10'.717...°);0f0'; ' ir. x„ 1r:,,-10.,,' 1u . , «=.2'- Y i, Y/ '' .r ^* .C. ..,713;;;Ai „ty4„;';,.. 14'4, '—,. ^s'01'1*v”, '.EYIm :xw`,1`t?"I / mss' x;. '.is t' rs1�i-0. , S ' r4,.�:ry, 04 ',1 &7yY For the purposes set forth in General Laws, Chapter 40, See. . tions 25 to 30B inclusive, and, all acts in amendment thereof and in addition thereto, and under the authority thereof and of General Laws, Chapter 143,,--and any other enabling laws, the inspection, materials, construction, alteration and repair,height, area, location-and the use of buildings and structures and the use of'land in the Town of - Lexington are hereby regulated as herein provided, and the Town is - divided into districts as hereinafter defined and as shown on the Zoning Map prepared by William M. Burns, Town Engineer, dated 1950, and filed with the Town Clerk, which, Map is hereby made a part of this- Sy-Law. SECTION 2. DEFINITIONS For the purpose of this By-Law, the following words and terms used herein are hereby defined or the meaning thereof is explained or - t limited: (a) Family. Any number of individuals living and cooking to- gether in a single housekeeping unit, , (b) One Family Dwelling. A detached residential building in- - tended and designed to be occupied exclusively by a single family. (c) Two Family Dwelling. A detached residential building in- tended and designed to be occupied exclusively by twq families. - (d) - Accessory Use or Building. An accessory use or building is a use or building customarily incident to and located on the same lot with the use or building to which it is acces- sory and not detrimental to the neighborhood. (e) Non-Conforming -Use or Building. A IawfulIy existing use or building which does not conform to the regulations for the district in which such use or building exists. (f) Lot. An,area of land in one ownership with definite bound- aries ascertainable by recorded deed or plan and used or set aside and available for use as the site of one or more -buildings or for any other definite purpose. r`(g) Street. A publicway^or a private way legally open or dedi- i` cated to public use or approved by the Planning Board. (h) Hotel. A building or a portion thereof designed or used for serving food in a public dining room and containing fifteen or more sleeping rooms for resident or transient guests. (i) Building. The word "building" shall include the word "struet . tyre,"unless the context unequivocally indicates otherwise- (j) Erected. The word "erected" shall include the words "built,'' "constructed," "reconstructed," "altered," "enlarged," and "moved." - '(k) Story- That portion of a building contained between any floor and the floor or roof next above it, but not including the lowest portion so contained if more than one-half of such portion vertically is below the mean finished grade of the ground adjoining such building. '(1) Half Story. A story directly under a sloping roof in which the points of intersection of the bottom of the rafters and the interior faces of the walls are less than 3 feet above the floor level. (m) Recorded. The due recording in the Middlesex County South District Registry of Deeds or, as to registered land, the due filing in the Middlesex County South District Land - Registration Office. '(n) Front Yard. The open space between a building and the exterior line of each street on which the lot on which it stands abuts. (o) Side and Rear Yard. The open space at the sides and rear of a building between the building and the boundaries, - other than streets, of the lot on Which it stands. SECTION 3. DISTRICTS DEFINED The Town is hereby divided into districts designated as follows: (a) -R 1—One family dwelling districts. (b) R 2—Two family dwelling districts. ' (c) C 1—Local business districts. (d) C 2—General business districts. (e) T 1—Trunk highway districts. (f) M 1—Light manufacturing districts. , (g) A I—Garden apartment and hotel districts. (iEUGRAYHIUAL LEA'Uit1Y1'lUNS Ur11ibll6IUl'b In the event of any discrepancy between the boundaries of the ^7 A` districts as shown on,the Zoning Map and as hereafter described, the descriptions set forth in this section -shall govern. (a) R 1—One family dwelling districts. Every part of the Town not shown upon the Zoning Map and not hereinafter specifically desig- nated as an R 2, C 1, C 2, T 1, M 1 or A 1 district is hereby specifi- cally made an R 1 district. (b) R 2=Two family dwelling districts. wlistrict°-beginning-a^t-a pointrsaidpointrbeing.tlae„i ion of they Doth esterly line of Summer Street.:with-the'Arlingtonr.Lexinton town line, southwesterly-along said town ling4o-fhe Arling- ton Reservoir, thencen huiegt, riy along, said,„6-rlington Reservoir to -Munroe Brook„thence along saidtpp aed's Brook, thence north- easterly along Reed's Brook to the'Gsdid southwesterly.line of Summer Street; thence southeasterly°al'ong said southwesterly line of*Summer , - Street t '-e-point=ofie eginning. - 2„ /' . 02. A district on the southwesterly side of Massachusetts Avenue extending from a line westerly of and distant 100 feet from the westerly - line of Sylvia Street to a line easterly of and distant 100 feet from the ,, easterly line of Charles Street and for a depth of 100 feet throughout. � T' A'district on the southwesterly side of Massachusetts Avenue extending from the westerly line of Lisbeth Street to the easterly line °1. of Oak Street and for a depth of 100 feet throughout. . A district on the southwesterly side of Massachusetts Avenue `?`/ , extending from the northerly line of Pollen Road to the southeasterly line of Plainfield Street and for a depth of 100 feet throughout-with the exception of a business district designated therein. r�c 459: A district between the northeasterly line of Massachusetts Avenue and the railroad right of way extending from the north- westerly line of the private way leading to the East Lexington Depot to a line southeasterly of and distant 100 feet from the southeasterly line of Maple Street with the exception of a business district designated as located therein. (c) C 1—Local business districts. 1. A district on the southwesterly side of Massachusetts Avenue extending from the Arlington line westerly to a point 100 feet beyond the westerly line of Sylvia Street and a depth throughout-of 100 feet from said southwesterly line of-Massachusetts Avenue. 2. A district on the easterly side of Massachusetts Avenue be- ginning at the intersection of the easterly line of Massachusetts Avenue with the more southerly line of Curve Street, thence easterly along said southerly line of Curve Street distant about 100 feet to a point, thence southerly by a straight line distant about 83 feet to a point, thence westerly by a straight line distant about 100 feet to a point in the said easterly line of Massachusetts Avenue, thence northerly 80.30 feet to the point of beginning. 3. A district on the westerly side of Massachusetts Avenue begin- ning at the intersection of the westerly line'of Massachusetts Avenue with the southerly line of Independence Avenue, thence southerly along said westerly line of Massachusetts Avenue distant 88 feet to a point, thence westerly by a straight line distant 100 feet to a point, thence northerly by a straight line distant 88 feet more or less to a point in the southerly line of Independence Avenue, thence easterly along said southerly line of Independence Avenue distant 100 feet to the point of beginning. - - - 4. A district on the northeasterly side of Bedford Street beginning at the intersection of the northeasterly line of Bedford Street and the southeasterly lot line of land now of the Middlesex & Boston Street Railway Company, thence northeasterly along said lot line-and the ex- tension of said lot line to a point in the southwesterly line of the railroad right of way, thence northwesterly along said southwesterly line of the railroad right of way to a point in the northeasterly line of Bedford Street, thence southeasterly along said northeasterly line of Bedford Street to the point of beginning. - 5. A district on the southwesterly side of Bedford Street between the railroad right of way and the North Lexington Brook beginning at the intersection .of the southwesterly line of Bedford Street with the northeasterly line of the railroad right of way, thence' northwesterly - 3 - Gal.. 2 Zoning By-law along said northeasterly line of the railroad right of way distant about 740 feet to-a point, thence northeasterly distant about 152 feet to a point at the center line of the North Lexington Brook, thence south- ' easterly along the said center line of the North Lexington Brook about 490 feet to a point in the said southwesterly line of Bedford Street, thence southeasterly distant about 265 feet to the point of beginning. 6. A district on the easterly side of Bedford Street between North Hancock Street and Harding Road beginning at a point on the northerly line of North Hancock Street, said point being westerly and distant 64.48 feet from the westerly terminus of a curve of 281.86 feet radius,thence ' westerly distant 68.70 feet to a point of curvature, thence following the northerly line of North Hancock Street, the easterly line of Bedford Street and the southeasterly line of Harding Road to Lot 12 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 6988,Page 1,thence southeasterly along the southwesterly lot line of said Lot 12 distant 107.68 feet to a point, thence easterly along the southerly lot line of said Lot 12 distant 46 feet to a point, thence south- erly by a straight line distant 108.96 feet to the point of beginning. 7. A district at the northeasterly corner of Marrett Road and Waltham Street beginning at a point in the northeasterly side of said Marrett Road, said point being the intersection of said street line with the lot 'line between Lots 80 and 81 as shown on a plan recorded in the. Middlesex South District Registry of Deeds in Book 274,Page 43,thence northwesterly along the northeasterly line of said Marrett Road to a point on the easterly side of said Waltham Street, thence easterly along _ the southerly line of Grapevine Avenue to its intersection with the rear lot line of Lot 78E as shown on a plan recorded in the Middlesex South District Registry of Deeds, Book 365, Page 32, thence southeasterly along the northeasterly lines of Lots 78B, 79 and 80 as shown on plans hereinabove referred to distant 177.35 feet to a point, thence south- westerly distant 121.71 feet to the point of beginning. 8. A district at the southeasterly corner of Marrett Road and Waltham Street beginning at a point in the easterly line of said Wal- tham Street, said.point being the intersection of said street line with the lot line between Lots A and D as shown on a plan recorded in the - Middlesex South District Registry of Deeds in Book 7185, Page 474, G thence northerly along the easterly line of said Waltham Street and southeasterly along the southwesterly line of said Marrctt Road to its intersection with the lot line between Lots 22 and 23 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 273, Page 9, thence southwesterly distant 123.24 feet to a point, thence northwesterly distant 14.20 feet to a point, thence westerly dis- tant 10426 feet to the point of beginning. 9. A district at the southwesterly corner of Marrett Road and Waltham Street, consisting of an area 200 feet wide, running southerly from the southerly line of said Marrett Road along the westerly side of said Waltham .Street distant 360.35 feetto a lot line as shown on Land Court Plan #18315A. 10. A district on the northerly side of Marrett Road beginning at a point 69.50 feet westerly of the westerly terminus of a curve of 215.47 feet radius, thence westerly along the northerly line of said Marrett Road distant 197.70 feet to a point, thence northerly distant 214.15 feet to a point, thence westerly distant 86.04 feet to a point, thence north- easterly distant 78.12 feet to a point, thence southeasterly distant 260.42 feet to a point, thence southwesterly distant 60 feet to a point, thence westerly distant 15.3 feet to a point;thence southerly distant 200.9 feet to the point of beginning, said district including Lots 193, 194 and 195 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 349, Page 49, and Lot 239 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 321, Page 5. 1L A district at the westerly corner of Marrett Road and Spring Street and running westerly along the southerly side of said Marrett Road distant 411.14 feet from the westerly terminus of a curve of 265.47 feet 'radius to the westerly lot line of Lot 235 as shown on a plan re- corded in Middlesex South District Registry of Deeds in Book 321, Page 5,-and running southwesterly along the northwesterly side of said Spring Street distant 85.19 feet from the southwesterly terminus of a curve of 32.60 feet radius to the southerly lot line of Lot 230C as shown on a plan recorded in said Registry of Deeds in Book 361, Page 20, and extending southerly from said southerly side of Marrett Road-to the southerly lot lines of Lots 230C, 23013, 230A, 231, 232, 233, 234, and 235, all of said lots being shown on said plans hereinabove referred to. 12. A district at the intersection of the northeasterly line of Lin- coln Street with the easterly line of School Street extending fora dis- tance of 200 feet southeasterly along said Lincoln Street and for a dis- tance of 200 feet northerly along said School Street and for a depth of 200 feet from the lines of said streets. _ .,, -- _ - _- - - I3.-A district at-the soutbeasterly corner-of Lincoln Street and _ - - -- - Marrett Road beginning at!a point in the easterly line of Marrett Road, ?in • thence bearing to the right with a curve of 60 feet radius distant 95.61 ' 7 I-1 feet to a point of tangency in the southerly line of said Lincoln Street, - thence N 83' 39' E distant 42.50 feet to a point of curvature, thence -bearing to the right with-a curve of 626.96 feet radius distant 74.60 feet to a point, thence southerly along a lot line distant 158 feet to a point, said lot line being described.in a deed recorded in the Middlesex South District Registry of Deeds in Book -4491, Page 161, thence easterly along the northerly lot line of Lot 9 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 4273 at the end, -distant 240 feet to a point, thence along the easterly lot lines of said Lot 9 and Lot 8 as shown on a plan recorded in the Middlesex South District Registry of Deeds in Book 382, Page 2, by two courses distant 157 feet to a point, thence westerly along the southerly lot line of said ` Lot 8 distant 330 feet to a point in the easterly line of said Marrett Road, thence N 7° 39' W distant 304.03 feet to the point of beginning. 14. A district at the southwesterly corner of Waltham Street and Concord Avenue beginning at a point on the southerly line of said Con- cord Avenue, thence bearing to the right with a curve of 69.17 feet radius distant 90.99 feet to a point of tangency in the westerly line of said Waltham Street, thence S 5° 39',05" E distant 42.06 feet to a point of curvature, thence bearing to the right with a curve of 1945.62 feet radius distant 52.94 feet to a point, thence N 81' 04' 20" W distant 150 feet to a point, thence N 50° 22' 30" W distant 148.54 feet to a point in the southerly line of Concord Avenue, thence S 81' 01' 25" E distant 96.61 feet to the point of beginning. 15. A district at the southeasterly corner of Waltham Street and Concord Avenue beginning at a point on the southerly line of Concord Avenue, thence along said southerly line S 79° 43' 15" E distant 68.52 feet to a point, thence S 11° 44' 55" W distant 160.45 feet to a point, thence westerly distant 99.50 feet to a point in the easterly line of said Waltham Street, thence northerly along the easterly line of said Wal- tham Street by a curve bearing to the left of 2005.62 feet radius distant 95.33 feet to a point of reverse curvature, thence bearing to the right with a curve of 60.97 feet radius distant 112.72 feet to the point of be- ginning. 16. A district upon the easterly side of Pleasant Street beginning at a point 100 feet southerly from the intersection of the Concord Turn- pike extending 150 feet along Pleasant Street and of a depth of 200 feet throughout. 17. A district consisting of a triangular area of land bounded on west by Fletcher Avenue distant 183.90 feet, on the south by Woburn Street distant 320.22 feet, and on the northeast by the railroad right of way distant 317.40 feet, containing about 27,994 square feet. 18. A district at the junction of Lowell Street and North Street as follows: On both sides of Lowell Street a distance of 300 feet north- erly and 300 feet southerly from the point of intersection of the center lines of Lowell Street and North Street, and on both sides of North Street a distance of 250 feet northwesterly from the point of-intersec- tion of the center lines of Lowell and North Streets, and on both sides of North Street northeasterly a distance of 200 feet from the inter- section of the center lines of Lowell and North Streets and of a depth of 100 feet from the adjacent street lines in each instance. 19. A district on the westerly side of Bedford Street beginning at a point on the southwesterly side of Bedford Street,said point being northwesterly and distant 154 feet from a stone bound marking the southeasterly terminus of a curve of radius 866.4 feet and extending southeasterly along Bedford Street to the northeasterly side line of Reed Street and of a depth of 100 feet from the adjacent side line of Bedford Street. 20. A district on the easterly side of Bedford Street beginning at the Railroad property and extending 150 feet northerly along Bedford Street and embracing the property formerly known as the William L. Burrill property and of a depth of 100 feet easterly in from the easterly side line of Bedford Street. - 21. A district on the southerly corner of Lincoln Street and Mar- rett Road and extending southwesterly along said Lincoln Street and- southeasterly along said Marrett Road for a distance of 200 feet in each instance and for a depth of 100 feet from the adjacent street lines. , 22. Districts at the junction of Woburn and Lowell Street upon each of the four corners and extending for a distance of 200 feet along each street from the junction points of the side lines of each street thence back at right angles to each said street until the exterior lines intersect. 23. A district on the northwesterly corner of Marrett Road and Waltham Street and extending northeasterly along said Waltham Street and northwesterly along said Marrett Road for a distance of 200 feet in each instance and for a depth of 100 feet from the adjacent street lines. (d) C 2=Gaderal business districts. 1. A district on the northeasterly side of Massachusetts Avenue extending northwesterly from the Arlington-Lexington town line to the northwesterly line of the private way leading to the East Lexington Depot and extending northeasterly from Massachusetts Avenue to the railroad right of way. 2. A district on the southwesterly side of Massachusetts Avenue extending from the northwesterly line of Waltham Street to the south- an 4 Gal. 3 Zoning ly-law easterly line of Muzzey Street and from the southwesterly line of said Massachusetts Avenue to the southwesterly lot lines of premises now-- - numbered 73 Waltham Street and 20 Muzzey Street as shown respec- tively on a plan in Book 68, Page 13,and a deed in Book 6865, Page 558, at the Middlesex South District Registry of Deeds. 3. A district on the southwesterly side of Massachusetts Avenue beginning at the intersection of the southwesterly line of said Massa- chusetts Avenue with the northwesterly line.of Muzzey Street, thence northwesterly along said southwesterly line of Massachusetts Avenue -distant about 173 feet to a point, thence southwesterly distant 149.50 feet to a point, thence southeasterly distant 11 feet to a point, the last two described lines being shown on a plan recorded in the Middlesex South Registry of Deeds in Book 6130, Page 59, thence by a straight line distant about.380 feet to a point in the northeasterly line of Ray- mond Street,thence southeasterly distant 165 feet to the intersection of said northeasterly line of Raymond Street with the northwesterly line . - of Muzzey Street, thence northeasterly along said northwesterly line of Muzzey Street to the point of beginning. - 4. A district on the northeasterly side of Massachusetts Avenue between the northeasterly line of said Massachusetts Avenue and the, southwesterly side of the railroad property and extending from .the - - northwesterly line of Grant Street to the southeasterly line of Meriam- Street. 5. A district on the southwesterly side of Bedford Street between '. the northwesterly lot line of premises now numbered 30 Bedford Street. and said"lot line extended and the northwesterly lot line of property now or formerly owned by Custance Bros., Inc., and said lot line ex- tended'and-for a depth of 400 feet southwesterly from the southwesterly line of said Bedford Street. 6. A district on the northeasterly side of Bedford Street between the northeasterly line of said Bedford Street and the westerly.side of the railroad right of way, extending from the southeasterly lot line of land now or formerly owned by the Christopher S. Ryan Estate to the northwesterly lot line of property now or formerly owned by the Lex=. , ington Lumber Corporation. 7. A district on the southwesterly side of Massachusetts Avenue.., beginning at the intersection of the southwesterly line of said Massa,. chusetts Avenue with the southeasterly line of Waltham Street, thence- , running southeasterly along said southwesterly line of Massachusetts Avenue distant about 800 feet to a point, thence southwesterly along a lot line distant about 295 feet to a point, thence northwesterly along the northeasterly lot lines of Lots 14B, 14A, 13, 12, 19, 20, 10 and 9, said lots being shown on Land Court Plan 9469, distant about 470 feet to a point, thence northwesterly about 215 feet to a point, thence south- westerly distant about 137 feet to a point in the northeasterly line of • Vine Brook Road, thence northwesterly along saidnortheasterlyline of Vine Brook Road to the southeasterly line of Waltham Street, thence -northeasterly along said southeasterly line of said Waltham Street to the point of beginning. (e) T 1—Trunk highway districts. 1: A district on the southerly side of the Cambridge-Concord Highway beginning at a point 200 feet easterly of the intersection of • the easterly line of Blossom Street with the southerly line of said Cam- bridge-Concord - Highway, thence along said southerly line of said Cam- bridge-Concord Highway S 87° 26' 58" E distant 200 feet to a point, _ thence S 2° 33'02" W distant 100 feet to a point,thence N 87° 26' 58" W distant 200 feet to a-point, thence N 2° 33' 02" W distant 100 feet to the point of beginning. 2. A district on the northerly side of the Cambridge-Concord Highway beginning at a point on the southwesterly side of Watertown Street,thence bearing to the right with a curve of 23 feet radius distant _ 55.98 feet to a point of tangency, thence westerly along the northerly - line of said Cambridge-Concord Highway N 87° 03'43" W distant 227.50 feet to a point,thence N 2° 56'17" E distant 98.97 feet to a point,thence, N 30° 46' 47" E distant 98.97 feet to a point, thence southeasterly along the southwesterly line of said Watertown Street S 59° 13' 13" E distant 159.16 feet to a point of curvature, thence bearing to the right with a curve of 576.55 feet radius distant 127.80 feet to the point of beginning. (f) M 1—Light manufacturing-districts. - 1. A-district 1,200 feet wide on the northeasterly side of the rail- road right of way extending from the northwesterly line of Pine Street - ` and said line extended to the southeasterly line of Westview Street. 2. A district 2,400 feet wide on thesouthwesterlyside of the railroad right of way extending from the northwesterly line of Pine Street and said line extended to the southerly line of Westview Street and the Lexington-Bedford town line. (g) A 1—Garden apartment and-hotel districts. 1. A district bounded on the southwest by-Massachusetts Avenue, on the north by Woburn Street, on the northeast by the Boston & - Maine Railroad right of way and on the southeast by the Town of Lex- ington High School lot. - 2. A district bounded on the north by Woburn'Street, on the-south- - - - - west by the Boston & Maine Railroad right of way, on the southeast by property now or formerly of the Lexington Nurseries Inc. and on the northeast by property now or formerly of Thomas A. Corcoran, Jr. which is at 91 Woburn Street. " SECTION 5. ' - _ LL IA _ PERMITTED BUILDINGS AND USES In the following districts the designated buildings and alterations , and extensions thereof and buildings accessory thereto and the desig- nated•uses of land, buildings, or parts thereof and uses accessory therto are permitted. All other buildings and uses are expressly prohibited. (a) R 1 Districts. 1. Public schools, parks, playgrounds and other municipal build- ings or uses. 2. Religious, sectarian or denominational schools. 3. Churches, parish houses and rectories. " 4. One family dwellings. • 5: The taking of not more than four boarders or the letting or renting of rooms, without cooking facilities, to not more than four per- - sons,or both,in a dwelling by a family resident therein,but no dwelling so used shall be erected for the purpose except with specific permission .from the Board of Appeals. - 6. Farms, including truck gardens, and nurseries, but only tools, equipment and vehicles"incident to the actual use of the premises may be stored thereon, and provided that the commercial raising, boarding, breeding or keeping of fur-bearing animals may be operated or main- tained on farms only with the permission of the Board of Appeals. 7. Subject to permission from the Board of Appeals,the following: a. Trucking and express business. -b. Greenhouses, including conservatories. c. Hospitals, sanitaria, physicians', dentists' and other pro- fessional offices, charitable institutions, private schools, halls, clubs and other meeting places and cemeteries. d. Private parks, playgrounds and recreation buildings of a nun-commercial and non-profit nature, private water _ towersandreservoirs. e. Passenger stations, landing fields, telephone exchanges, _ radio and television transmitting sites and sites, buildings and uses for other public services. (b) It 2 Districts. All buildings and uses that are permitted in R 1 districts but subject to any conditions and restrictions set forth therein, and the following: 1. Two family dwellings. 2. Subject to permission from the Board of Appeals,the following:. a. Hotels, but cooking in rooms occupied by guests is ex- - pressly prohibited. (c) C 1 Districts. All buildings and uses that are permitted in R.1 and R 2 districts but subject to any conditions and restrictions set forth therein, and the following: 1. Retail stores. - 2.- 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,with the exception of diners and lunch carts, so-called, which are hereby expressly pro- hibited, except as hereinafter provided. 5. Place of business of a barber, caterer, cleansing and dyeing pick-up station, confectioner, decorator, dressmaker, florist, furrier, hairdresser, manicurist, milliner, optician, photographer, radio and television repair shop, hand laundry, self-service laundry, shoe repairer, or tailor. 6.- Subject to permission from the Board of Appeals,the following: a. Place of business of a baker,blacksmith, builder, carpen- - ter, cleanser and dyer, contractor, mason, plumber, elec- trician, painter, paper hanger, printer, roofer, tinsmith, undertaker, upholsterer, wheelwright or diner or lunch cart, so-called. b. Retail gasoline, oil and greasing stations and places of business for the sale and installation of tires and other .,automobile accessories, garages for storage and repair and salesrooms-for motor vehicles. . c. Retail dealers in bottled gas, fuel, grain, ice, lumber and structural materials, milk and commercial non-manufac- turing uses not hereinabove specified in this sub-paragraph 6, except uses permitted in sub-section (d)-C 2 Districts sub-paragraphs 1 and 3.a. (d) C 2 Districts. All buildings and uses that are permitted in R 1, It 2 and C 1 districts but subject to any conditions and restrictions set • forth therein, and the following: 1. Billboards as regulated by law and by-law. - 5 - Gal. 4 Zoning, By-law •�; / / 2. etil dealers in bottled gas, grain,ice and`milk. 3. Subject to permission from the Board of Appeals,the following: a. Billiard rooms, bowling alleys, dance halls, skating rinks, theatres and similar commercial amusement places. • b. Retail dealers in fuel, lumber, structural materials and commercial non-manufacturing uses not hereinabove speci- fied. .(e) T 1 Districts, All buildings and uses that are permitted in R 1 and R districts but subject to any conditions and restrictions set forth therein,and subject to permission from the Board of Appeals,the follow- ing: 1. Retail gasoline, oil and greasing stations and places of busi- ness for the sale and installation'of tires and other automobile acces- sories, but major mechanical repairing, auto body repairing and the storing or selling of automobiles are hereby expressly prohibited. (f) M 1 Districts. All buildings and uses that are permitted in R 1,, R 2, C 1 and C 2 districts but subject to any conditions and restrictions. set forth therein,and the following: - 1. Light manufacturing, employing only electric or other sub- stantially noiseless and inoffensive motive power, utilizing hand labor. or quiet machinery and processes, free from neighborhood disturbing odors or agencies. Any light manufacturing business, the conduct of- which may be disturbing br detrimental to the health, safety or wel-. fare of persons Working in or living near the proposed location of such. manufacturing, including special danger of fire or explosion, pollution of waterways, corrosive, toxic or noisome fumes, gas, smoke, soot,_ obnoxious dust, disagreeable odors and offensive noise or vibrationis „$/ expressly prohibited; 'n 2. Subject to permission from the Board of Appeals,the following: a, Bulk distribution of liquid fuels and lubricants from under- ' ground storage tanks, - 3. No dwelling shall be erected in an M 1 district�except with, 'permission from the Board of Appeals. . (g) A 1 Districts. All buildings and uses that are permitted in R 1. districts but subject to any conditions and restrictions set forth therein,. and the following: 1. Garden apartments,-provided that the Planning Board, after. public hearing, shall find and determine that such buildings and use,_ including the site, plans and building design, constitute a desirable de- velopment in and will not be detrimental to the neighborhood, and sub- ject further to the following conditions: there shall be at least two, detached or semi-detached buildings and no such building shall contain, less than four nor more than ten dwelling units, and each such unit shall have independent cooking facilities; not more than 25 per centum. of the lot area shall be occupied by buildings; no living quarters shall • be located below the mean finished grade of the ground adjoining the. building nor above the second story; there shall be parking space for- automobiles provided on the lot which shall not be less than one reason- ably accessible automobile space for each dwelling unit; the buildings shall connect with a sanitary sewer; and such other conditions and re- strictions as the Planning Board may prescribe in the interests of the Town n in carrying out the purposes of this By-Law. 2. Hotels, provided thatthePlanning Board shall find and deter- mine that such building and use, including the site, plans and building design, constitute a desirable development in and will not be detrimental to the neighborhood, and subject further to the following conditions:• not more than 25 per centum of the lot area shall be occupied by build- ings; no sleeping rooms shall be located below the mean finished grade. of the ground adjoining the building; there shall be ample parking space for automobiles provided on the lot, which shall not be less than. one reasonably-accessible automobile space for each guest sleeping• room in the building plus reasonably adequate provision forpersons dining or attending,functions in the building; the building shall connect with a sanitary sewer; and such other conditions and restrictions,as• the Planning Board may prescribe in the interest of the Town in carry- ing out the purposes of this By-Law. Cooking in rooms occupied by guests is expressly prohibited. - 3. Garden apartments and hotel may be combined on the same lot if approved by the Planning Board and, in such event, all the pro- visions and conditions above set forth shall be applicable to the same extent as if they were on separate lots. 4. Buildings accessory to garden apartments or hotel may be, erected, but only with the approval of site, plans and building design by the Planning Board. ACCESSORY USES IN RESIDENTIAL DISTRICTS r P; In R1 and R2 districts, the following are hereby declared to be- "accessory uses" within the meaning of this'By-Law: (a) A private garage for not more than three automobiles, one of" which may be a commercial vehicle if owned or used by a person:- resident erson:resident in the dwelling to which the garage is accessory. (b) The exercise of personal or professional skills in the fields of,music, dramatics, arts and crafts and academic pursuits and the giving of instructions or lessons for compensation in such skills, in any dwelling or building accessory thereto by residents thereof, provided there is no sign relating thereto or other advertising device erected or maintained on the premises, but no such dwelling or building shall be erected for the purpose except with specific permission from the Board of Appeals. (c) The performance of custom work of a domestic nature, such as dressmaking, millinery and clothes-washing, in any dwelling by residents thereof, provided that equipment utilized is such as is cus- tomarily incidental to residential occupancy and that there is no sign relating thereto or other advertising device erected or maintained on - the premises, but no such dwelling or building shall be erected for the purpose except with specific permission from the Board of Appeals. (d) The erection and maintenance for each family living in a dwelling of not more than two signs, neither of which has an area of more than one square foot, bearing the name of the family or desig- nation of the dwelling or both. (e) The erection and maintenance on the premises of one, sign • not exceeding twelve square feet in area and pertaining to uses speci- fxed in Section 5(a) 1, 2, 3, 6 and 7, and Section 5(b) 2, provided that there may be more or larger signs with specific permission from the Board of Appeals. (f) The erection and maintenance of real estate signs of not over six square feet in total area advertising the sale or rental-of the premises on which they are located; provided, however, signs not more than fifty square feet in total area and not more than ten feet in any dimension may be erected and maintained on subdivisions of land as - defined in General Laws, Chapter 41, Section 81 K, to advertise solely the selling of land or buildings in said subdivisions but not more than one such sign shall face the same street. SECTION 7. - HEIGHT REGULATIONS • (a) In R 1, It 2, T 1, C 1 and A 1 districts, buildings shall not ex- ceed two and one half stories and a maximum height of forty feet,except that schools, municipal buildings- and hospitals may contain three full stories with a maximum height of forty-five feet. (b) In C 2 and M 1 districts the maximum height of buildings shall be fifty-five feet. (e) The limitations of height in feet shall not apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses and other accessory structural features usually carried above roofs, nor to domes, towers or spires of churches or other buildings provided such features are in no way used for living purposes and further provided that no such structural feature shall exceed a heightof sixty-five feet from the ground except with permission from the Board of Appeals. (d) For the purpose of this By-Law, the height of any build- ing or accessory structural feature shall be the vertical distance above the mean finished grade of the ground adjoining such building. SECTION 8. • AREA, FRONTAGE AND YARD REGULATIONS (a) R 1 and It 2 Districts. 1. Except as hereinafter provided, in R 1-and R 2 districts there shall be provided: a. For each dwelling or other permitted principal building erected after the adoption,of this amendment to this By- Law, a lot containing an area of not less than 15,500 square • feet anda frontage of not less than 125 feet upon the frontage street. b. For each such dwelling or building and for each accessory building: (1) A front yard of not less than 30 feet in depth on the frontage street and a front yard of not less than 20 feet in depth on each other street on which the lot abuts. (2) A side yard on each side of not less than 15 feet in width. (3) A rear yard of not less than 15 feet in depth. 2. 'The foregoing provisions in Section 8 (a) 1. as to area, front- age and side yards only shall not apply to the following: a. Any lot lawfully laid out and recorded by plan or deed prior to March 17, 1924. b. Any lot lawfully laid out and recorded by plan or deed on or after March 17,1924 and prior to March 18, 1929,pro- vided such lot contains an area of not less than 5,000 square feet and a frontage upon the frontage street of not less than 50 feet. c. Any lot lawfully laid out and recorded by plan or deed on or after March 18, 1929 and prior to August 8, 1938,pro- vided such lot contains an area of not less than 7,500 (Continued on next page) _ 6 _ Gat 5 Zoning Bylaw . . L . ((�' ntin� �1 from D1 fedw&pAg i -__ "' square feet and a frontage upon the frontage street of not less than 75 feet. d. Any lot lawfully laid out and recorded by plan or deed on or after August 8, 1938 and prior to the adoption of this amendment to this By-Law, provided such lot contains an area of not less than 12,500 square,feet and a frontage upon the frontage street_of not less than 100 feet. 3. As to all lots included within the provisions of Section 8 (a) 2,-. there shall be provided a side yard on each side as follows: 4''' - a. On lots having a frontage of not more than 50 feet, each side yard shall be not less than 71/9 feet in width. b. On loth having a frontage of more than 50 feet but not more than 75 feet, each side yard shall be not less than 10- feet in width. c. On lots having a frontage of more than 75 feet but less than 100 feet, each side yard shall be not less than 12 feet in width. • d. On lots having a frontage of 100 feet or more, each side- yard shall be not less than 15 feet in width. 4. Any lot included within the provisions of Section 8 (a) 2. may be enlarged by combining it with an adjoining lot or lots, or fractions thereof, in the same ownership. Such enlarged lot shall not be subject to greater requirements as to area, frontage, front or rear yards by reason of such enlargement,but the side yards required by Section 8 (a) 3 shall be based on the total frontage of the enlarged lot. 5.---al '-30•-feot--'minixaumr-€rent-yardn'zregvireda+y-e,SSgetion-.84a) . 1.b. (1) on"the frontage street shall not apply tons-,dwelling or ac- cessory building o be erected on a lot if there has'b'een lawfully,prected - within 100-feet of.ft,c1.om,ia'fM adjoining said,lot any'dwelling or.a'ecessory building with a fr f 3zard on the same'frontage street of,,less than 30 ,.—• ' feet. In sucievignt,the Tx inis uun =frent yard required,, - such dwelling or buildipg"on said first-mentioned+dot on said frontages et shall be the a,v rage of the front yards of said other/dwellings o accessory built ling-wear (1•.meet, uhaeliever*uisethaddallea.. (b) C 1'Districts. 1. In C 1 districts there shall be provided: a. For each permitted principal building and for each ac- cessory building, other than those permitted in R 1 or R 2 districts: (1) A front yard of not less than 20 feet in depth on each street on which the lot abuts. (2) If a boundary of the lot abuts on land,in an R 1 or R 2 district, a side yard adjoining such boundary of not less than 20 feet in width,which may be used for parking area if otherwise lawful. (3) A rear yard of not less than 20 feet in depth, which, may be used for parking area if otherwise lawful. b. For each permitted principal building, other than those permitted in R 1 or R 2 districts, a parking area on the lot for automobiles or other vehicles containing not less than 2 square feet for each square foot of ground area of the building. c. For each principal building permitted in R 1 or R 2 districts, the same lot area and frontage, and for each such building and accessary building the same front, side and rear yards as would be required if the lot were situated in an R 1 or R 2 district. (e) C 2.Districts. 1. In C 2 districts there shall be provided: a. For each permitted principal building and for each ac- cessory building, other than those permitted in R 1 or It 2 • districts: (1) If a boundary of the lot abuts on land in an R 1 or R 2 district, a side yar adjoining such boundary r1/4 of not less than 20 feet r idth, which may be used for parking area if otherwi e lawful. (2) A rear yard of not less than 10 feet in depth, which may be used for parking area if otherwise lawful. . - (3) For each such building on land abutting on Muzzey Street or on Bedford Street, a front yard on such streets of not less than 10 feet in depth. b. For each principal building permitted in R 1 or R 2 dis- tricts, the same lot area and frontage, and for each such building and accessory building the same front, side and rear yards as would be required if the lot were situated in an R 1 or R 2 district. ' (d) T 1 Diatr�cta--._-- --- _,— - - 1:. In T I districts there shall be provided: J_I/\ a. For each permitted principal building and for each ac- �u T1 cessory building, other than those permitted in R 1 or R 2 districts: (1) A frontage of not less than 200 feet upon the principal highway. (2) A front yard of not less than 30 feet in depth on each street upon which the lot abuts, and no gasolene pump or display case or any accessory equipment, except- lighting poles, may be erected or maintained within said depth of 30 feet. (3) A side yard on each side of not less than 30 feet in width. (4) A rear yard of not less than 30 feet in depth. b. Far each principal building permitted in It 1 or R 2 dis- .tricts, the same lot area and frontage, and for each such building and accessory building the same front, side and rear yards as would be required if the lot were situated in an R 1 or It 2 district. '"'(o) M 1 Districts. 1. In M 1 districts there shall be provided: a. For each permitted principal building that is not permitted in any other district, a frontage of not less than 150 feet upon the frontage street. b. For each such building and accessory building: (1) A front yard of not less than 30 feet in depth on each street upon which the lot abuts. (2) A side yard on each side of not less than 30 feet in width. (3) A rear yard of not less than 30 feet in depth. o For each such principal building, an open area on the Iot, not occupied by any building,of not less than 75 per centum of the area of the lot, which may be used for parking area if otherwise lawful. • d. For each principal building permitted in any other district, the same lot area and frontage, and for each such build- ing and accessory building the same front, side and rear yards as would be required if the lotWeresituated in such other district. .(f) A 1 Districts: 1. In A 1 districts there shall be provided: a. For each lot on which garden apartments or a hotel,or both, are to be erected: (1) A frontage of not less than 200 feet upon the front- age street. (2) For each such building and accessory building, a front yard of not less than 30 feet in depth on each street Cel 9 4n which the lot abuts, a side yard on each side of not r - less than 30 feet in width, and a rear yard of not less than 30 feet in depth. These yalds may be used for' parking areas if otherwise lawful. b. For each principal building permitted in an R 1 district, the same lot area and frontage, and for each such building' and accessory building the same front, side and rear yards as would be required if the lot were situated in an R 1 district. (g)' All Districts. In all districts, where applicable, the following provisions shall apply: 1. In determining the area and frontage of a lot there shall not be included any land within the limits of a street upon which such lot abuts, even if the fee to such street is in the owner of the lot, except that if a corner lot has its corner street by a curved line connecting other bounding lines which, if extended, would intersect, the area and , frontage shall be computed as if such bouncing'lines were so extended: 2. The provisions of Section 8 requiring front yards shall not apply to that portion of a street on which building lines have been or' ' shall be lawfully established by the Town. 3. No lot, upon which is then located any building or with respect to which a permit has been issued and is then outstanding for the erection of any building, shall be subdivided or reduced in area in any manner unless there is retained for said lot sufficient area and frontage to meet the requirements of this By-law and unless such lot as retained; and any building or buildings thereon, meets all the other requirements of this BzIary. If land is subdivided, conveyed, devised or otherwise transferrrd in violation hereof, then, in addition to other penalties and remedies hereinafter provided, no building or other permit shall be' issued with reference to said unlawfullytransferred land until the lot u • - 7 - - Gal. 6 Zoning By-Laws retained meets the requirements of this By-Law. Any land taken by eminent domain or conveyed for a public purpose for which the land could have been or was taken by eminent domain shall not be deemed to be transferred in violation of the provisions hereof. 4. When a lot in one ownership is situated in part in the Town of Lexington and in part in an adjacent town or city, the provisions, regulations and restrictions of this By-Law shall be applied to that portion of such lot as lies in the Town of Lexington in the same manner as if the entire lot were situated therein. 5. No porch, whether covered or uncovered, step, cornice, Cave or other part or projection of a building, but not including customary summer awnings, shall be erected in or over the area required to be maintained as front, side or rear yards. SECTION 9. USE OF LAND (a) No land in the Town shall be put to any use other than uses enumerated in this By-Law, and uses accessory thereto, for the zoning district in which such land lies. (b) The removal of sod, loam, sand, gravel or quarried stone, ex- cept when such removal is incidental to and in connection with the erection of a building for which a permit has been issued by the Build- ing Inspector or when such removal is required in order to construct a street over the location from which such removal is made, is hereby expressly prohibited, unless with specific permission from the Board of Appeals. (c) No automobile graveyard, so-called, or junk yard shall be operated or maintained anywhere in the Town. (d) No land in an 111, R 2 or A 1 district shall be used to provide off street parking fora business enterprise or for any other purpose not incidental to the primary permitted use of said land. SECTION W. NON-CONFORMING USE (a) Any building lawfully existing and any use lawfully being made of land or buildings which does not conform to this By-Law as adopted or as amended may be continued to the same degree and for the same purpose. (b) Any such building may be repaired or structurally altered, but no such building if destroyed or damaged to the extent of 75% of its reproduction cost at the tithe of said damage shall be rebuilt or re- paired except with permission from the Board of Appeals. (c) No building or use lawfully existing as a non-conforming building or use shall be extended or enlarged nor shall it be used for a different purpose except with permission from the Board of Appeals. (d) If land or buildings lawfully being put to a non-conforming use are changed to a use permitted in a district wherein such lands or buildings are situated, they shall not be changed back to any non-con- forming use. (e) If there be non-use of any lawful non-conforming use of land or buildings for a period of twenty-four consecutive months, such non- conforming use shall be regarded as abandoned and shall not be resumed. SECTION 11. APPLICATION FOR PERMITS Applications for building permits shall be filed with the Building Inspector on forms furnished by'him, as provided in the Building By- Laws. With every such application there shall be filed a plan in _duplicate of the lot upon which said building is to be erected drawn to scale and showing the dimensions of the lot and the location and size of the buildings if any upon said lot and the building or buildings to be erected thereon and all streets upon which such lot abuts. Every such application shall also contain the name and address of the owner of such lot and the book and page or date and instrument number of the recording of his deed and the plan if any of said lot to- gether with such other information as shall be deemed necessary by the Building Inspector. If such an application is filed to erect any,dwelling or other per- mitted principal building on land which has no sanitary sewer available for use, the Building Inspector shall refer the matter to the Board.of Health which shall promptly make or cause to be made an investigation of the land proposed to be,occupied and file a statement with the Build- ing Inspector certifying whether or not in its opinion the land is of such a character that adequate sewage disposal facilities can be pro- - vided for such dwelling or building by a cesspool or septic tank or other device; and unless such opinion is in the affirmative, the Building In- spector shall not issue the permit. SECTION 12. - - ---- -- --- --- - - - ENFORCEMENT — 7A-- The Building Inspector appointed under the provisions of the Build- ing By-Laws oftheTown of Lexington is hereby designated and au- thorized as the officer charged with the enforcement of this By-Law. If the Building Inspector is informed or has reason to believe that any provision of this By-Law is being violated, he shall make or cause to be made an investigation of the facts and inspect the property'where such violation may exist. If upon such investigation-and inspection he finds evidence of such violation, he shall give notice thereof in writing to the owner and oc- cupant of said premises and demand that such violation be abated with-- r • • • - 8 Gal 7 Zoning Bylaws in such time as the Building Inspector deems reasonable. Such notice and demand may be given by mail, addressed to the owner at his address as it then appears on the records of the Board of Assessors of the Town and to the occupant at the address of the premises. If after such notice and demand the violation has not been abated within the time specified therein, the Building Inspector shall institute appropriate action or proceedings in the name of the Town of - 'Lexington to prevent, correct, restrain or abate such violation-of this By-Law. SECTION 13. OCCUPANCY PERMIT No building erected, altered or in any way changed as to construc- tion or use under a permit or otherwise shall be occupied or used with- out an occupancy permit signed by the Building Inspector which per- mit shall not be issued until the building and uses and accessory uses comply in all respects with the provisions of this By-Law and adequate means of sewage disposal have been provided. SECTION 14. BOARD OF APPEALS There shall be a Board of Appeals of five members who shall be appointed by the Selectmen for terms of five years each, the term of one appointee to expire each year. The Selectmen shall also appoint four associate members of the Board of Appeals, and in the case of a vacancy, inability to act or interest on the part of a member of said Board, his place may be taken by an associate member designated as provided in General Laws, Chapter 40, Section 30 and any amendments thereto. An appeal to the Board of Appeals shall be filed within fourteen days after the order or decision appealed from has been rendered. The Board of Appeals shall fix a reasonable time for the hearing of any appeal, petition or other matter referred to it and shall give public notice thereof by publishing notice of the time, place and pur- pose of the hearing in a local newspaper at least fourteen days before said hearing and also mail a copy of said notice to the petitioner and to the owners of all property deemed by said Board to be affected thereby at least seven days before said hearing. The Board of Appeals shall, in addition to the powers conferred upon it by General Laws, Chapter 40, Section 30, and all acts in amend- ment thereof and in addition thereto, have the following powers: When in the judgment of the Board of Appeals the public con- venience and welfare will be substantially served and where a requested permit will not tend to impair the status of the neighborhood,the Board may in a specific case upon written petition, a hearing, and subject to appropriate conditions and safeguards, determine and vary the ap- plication of the regulations here established in harmony with their general purposes and intent as follows: (a) Permit any uses and acts which the Board is authorized to permit by other sections of this By-Law. (b) Permit variations where topography or other conditions make it necessary. (c)` Permit the alteration of a one family dwelling in an R 1 or A 1 district to accommodate two families provided that: 1. The appearance and character of a one family dwelling shall be preserved. 2. The gross habitable floor area for each family in such dwelling shall be at least 700 square feet. 3. • No major exterior structural changes be made except such as may be required for safety by the Lexington Building By-Laws or General Laws of the Commonwealth. 4. Stairways leading to the second or any higher floor shall be enclosed within the exterior walls of the building. (d).. Permit temporary structures and uses that do not conform to the uses and regulations.herein described with such condi- tions as shall protect the community provided that no such permit shall be for more than a one-year period. (e)- Permit for yearly terms the production of articles in whole or substantial part from materials excavated or grown upon the premises. (f), Permit for yearly terms a roadside stand for the sale only of products of land of the owner of the stand that is within- the Town. The invalidity of any section or provision of this By-Law shall not ^ 6 11 invalidate any other section or provision hereof. SECTION 16. Any building or use of premises not herein expressly permitted is,'hereby expressly forbidden. • SECTION 17. CONFLICT OF LAWS Where this By-Law imposes a greater restriction upon the use of land or the use or erection of buildings in the Town than is imposed by other By-Laws of the Town,the provisions of this By-Law shall control. SECTION 18. PENALTY FOR VIOLATION Whoever violates any provision of this By-Law shall be punished by a fine not exceeding Twenty ($20.00) Dollars for each offense. Each day or portion of a day that such violation continues shall constitute • a separate offense. SECTION 19. AMENDMENTS• No amendment to this By-Law shall be adopted until after the Planning Board has held a public hearing thereon and has submitted a final report with its recommendations to an Annual or Special Town Meeting or until twenty days shall have elapsed after such hearing without the submission of such a'report. Notice stating the time, place and purpose of said hearing shall be given by publication in a local newspaper at least fourteen days before said hearing and, unless the proposed amendment is one of general ap- plication in the Town, by mailing a copy of said notice to all parties deemed by the Planning Board to be affected by the proposed amend- ment at least seven days before said hearing. The Planning Board shall hold such a public hearing on a pro- posed amendment when requested so to do by a vote of the Town,by a petition signed by not less than 100 registered-voters of the Town or by a petition signed by the owners of 50% in valuation of the property designated or accepted by the Planning Board as affected by any such proposed amendment. Such a hearing may be held by the Planning Board at any time on its own initiative. Any change in the location or boundaries of a zoning district made. - through the amendment of this By-Law shall be indicated by the altera- tion of the aforesaid Zoning Map, and the Map thus altered is declared to be a part of this By-Law thus amended. Any failure to alter or delay in altering the Map shall not postpone or otherwise affect the. • effectiveness of the amendment. SECTION 20. INTERPRETATION This By-Law shall be deemed to constitute a re-enactment and. continuance'of the.provisions of the Zoning By-Law in effect when it was adopted except so far as it contains changes in wording or ar- rangement which unequivocally constitute changes in meaning. ( f am_n rc..diglage) 06 Article 4. To see if the Town will vote to appropriate an additional sum of money for Sewer Services m Wages and Expenses, for the balance of the year 1950, and provide for payment thereof by transfer from available funds, including unexpended balances in current appropriations and any special sewer funds, or act in any other manner in relation thereto. Article 5. To see if the Town will vote to appropriate an additional sum of money for Water Maintenance ® Wages and Expenses, for the balance of the year 1950, and provide for payment thereof by transfer from available funds, including unexpended balances in current appropriations and any special water funds, or act in any other manner in relation thereto. Article 6, To see if the Town will, vote to appropriate a sum of money for publication and distribution of the report to be made to the next Annual Town Meeting by the Capital ExpendituresCormi ttee and provide for payment thereof by transfer from available funds, including unexpended balances in current appropriations, or act in any other manner in relation thereto. Article 7. To see if the Town will vote to establish as a town way, or accept the layout of as a town way, Gary Avenue, from Middle Street to Shade Street, approximately 1910.32 feet as laid out by the Selectmen, under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk dated Oct. 17, 1950, and to take by eminent domain or. otherwise acquire any fee, easement or other interest in land necessary therefor, and to provide payment for the construction of said way by transfer from available funds, including unexpended balances in current appropriationsjHar by the issue of bonds or notes of the Town, or by any combination of these methods, or act in any other manner in relation thereto. Article a. To see if the Town will vote to establish as a town way, or accept the layout of as a town way, Aerial Street, from Daniels Street to Sutherland Road, approximately 539.141 feet as laid out by the Selectmen, under the Betterment Act, and shown upon a plan on file in the office of the Town Clerk dated Oct. 17, 1950, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor, and to provide payment for the construction of said way by transfer from available funds, including unexpended balances in current appropriations ibr by the issue of bonds or notes of the Town, or by any combination of these methods, or act in any other manner in relation thereto. ** by appropriation to be raisedin the tax levy of 1951, - 10 - • ARTICLE 9. To see if the Town will vote to authorize the Selectmen, on behalf of the Town, to purchase, take by eminent domain or otherwise acquire for school and playground purposes, and for any other public purposes, or any one or any combination of such purposes, a parcel of land comprising 10.8 acres more or less, together with any rights of way or other rights appurtenant or appropriate thereto, believed to belong to KCelchester Realty Trust, situated westerly of Lowell Street and northwesterly of Maple Street in Lexington, the approximate boundaries of which are shown on a plan on file in the office of the Town Engineer and available for inspection, and to provide for payment thereof by transfer from available funds, including unexpended balances in current appropriations, by appropriation to be raised in the tax levy of 1951, or by the issue of bonds or notes of the Town, or by any combination of these methods, or act in any other manner in relation thereto. ARTICLE 10. To see if the Town will vote to authorize the Selectmen, on behalf of the Town, to purchase, take by eminent domain or otherwise acquire for school and playground purposes, and for any other public purposes, or any one or any combination. of such purposes, the following parcels of land in Lexington, together with any rights of way or other rights appurtenant or appropriate thereto: Parcel One. An area of land, believed to belong to Francis and Hugh Thompson, situated westerly of School Street, bounded on the north by Massachusetts Avenue and lots 1, 2, 3, 4A, 5A and 6A on Massachusetts Avenue, on the west by land of Toros H. Bashian, on the south by land of Robert L. Innis and on the east by land of Francis and Hugh Thompson, containing approxi- mately 4.8 acres ; and Parcel Two. An area of land, believed to belong to Robert L. Innis, situated westerly of School Street and northerly of Roosevelt Road, bounded on the north by land of Francis and Hugh Thompson, on the west by land of Toros H. Bashian, on the south by Roosevelt Road and other land of Robert L. Innis and on the east by land of Robert L. Innis, containing approximately 5.6 acres; the approximate boundaries of said parcels are shown on plans on file in the office of the Town Engineer end available for in- spection, and to provide for payment thereof by transfer from available funds, including unexpended balances in current appro- priations, by appropriation to be raised in the tax levy of 1951, or by the issue of bonds or notes of the Town, or by any combination of these methods, or act in any other manner in relation thereto. And you are directed to serve this warrant seven days at least before the time of said meeting as provided in the By-laws of the Town. Hereof fail not, and make due return on this Warrant, with your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hand Lexton, this sixth ayof November A.D. 150. SELECTMEN i A true copy, Attest: ;CIA ' Aka� / OF James F. Mowat 21JLf ��L f�ca.mti � - LEXINGTON Constable of Lexington 07„e/derr Constable' s Return To the Town Clerk November /7 , 1950 I have served the foregoing warrant by posting a printed copy thereof in five (5) public places in the Town and also by send- ing by mail, postage prepaid, a printed copy of such warrant addressed to every registered voter of the Town at his last residence, as appears from the records of the Board of Registrars of Voters / 2 days before the time of said meeting. Attest: c"'uG '✓ > e-Z:z- - Constable of Lexington