HomeMy WebLinkAbout1970-03-02-TE-Warrant-and-1970-03-16-ATM-Warrant TOWN WARRANT
Commonwealth of Massachusetts Middlesex, ss.
To either of the' Constables 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 their respective voting places in said Town.
PRECINCT ONE, HARRINGTON SCHOOL; PRECINCT TWO, ADAMS SCHOOL; PRECINCT THREE, CARY
MEMORIAL BUILDING; PRECINCT FOUR, SENIOR HIGH SCHOOL; PRECINCT FIVE, CENTRAL FIRE STATION;
PRECINCT SIX, MARIA HASTINGS SCHOOL, ON. Monday, the second day of March, A.D. 1970, at
7:00 o'clock A.M., then and there to act on the following articles:
ARTICLE 1. To choose by ballot the following Town officers:
One Selectman for the term of three years;
Two.members of the School Committee for the term of three years;
One member of the Planning Board for the term of five years;
One Moderator for the term of one year;
One-member of the Lexington Housing Authority for the term of five years.
Eleven Town .Meeting Members in Precinct One, for the term of three years;
Twelve Town Meeting Members in Precinct Two, the eleven receiving the highest number of
votes to serve for the term of three years, and the one receiving the next highest
number of votes to fill an unexpired term ending March, 1971;
Twelve Town Meeting Members in Precinct Three, the eleven receiving the highest niuther
of votes to serve for a term of three years, and the one receiving the next highest
number of votes to fill an unexpired term ending March, 1971;
Thirteen Town Meeting Members in Precinct Four, the eleven receiving the highest number
of votes to serve for a term of three years, and the two receiving the next highest
number of votes to fill unexpired terms ending March, 1972;
Twelve Town Meeting Members in Precinct Five, the eleven receiving the highest number
of votes to serve for a term of three years, and the one receiving the next highest
number of votes to fill an unexpired term ending March, 1972;
Thirteen Town Meeting Members in Precinct Six, the eleven receiving the highest number of
votes to serve for the term of three years, and the two receiving-the next highest
number of votes to fill unexpired terms ending March, 1971.
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To vote YES or NO by ballot on the following questions:
Shall the town, in addition to the payment of fifty percent of a premium for
contributory group life and health insurance for employees in the service of the
town and their dependents, pay a subsidiary or additional rate?
YES
NO
Shall the town purchase additional group life and group accidental death and
dismemberment insurance for employees in accordance with the provisions of Chapter
thirty-two B of the General Laws with no premium contribution by the town?
YES
NO
The polls will be open at 7:00 A.M. and will remain open until 8:00 P.M.
You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in
said Town on Monday, the sixteenth day of March, 1970 at 8:00 P.M. , at which time and
place the following articles are to be acted upon and determined exclusively by the Town
Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and
subject to the referendum provided for by Section eight of said Chapter, as amended.
ARTICLE 2. To receive the reports of any Board of Town Officers or of any Committee
of the Town.
ARTiICLE 3. To appoint or provide for the appointment of the Committee on lectures
under the wills of Eliza Cary Farnham and Susanna E. Cary.
ARTICIF 4. To see if the Town will make appropriations for expenditures by
departments, officers, boards, and committees of the Town for the ensuing year and
determine whether the money shall be provided by the current tax levy or by transfer from
available funds, including any special funds, or by any combination of these methods;
or act in any other manner in relation thereto.
ARTICIF 5. To see if the Town will vote to authorize the Town Treasurer, with the
approval of the Selectmen, to borrow money from time to tine in anticipation of the revenue
for the financial year beginning January 1, 1970 and January 1, 1971, and to issue a note
or notes therefor, payable within one year, in accordance with provisions of General Laws,
Chapter 44, Section 4, and to renew any note or notes as may be given for a period of less
than one year, in accordance with the provisions of General Laws, Chapter 44, Section 17;
or act in any other manner in relation thereto.
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ARTICLE 6. To see if the Town will transfer unexpended appropriation balances in any
of the accounts to the Excess and Deficiency Account, or to other accounts suitable for such
transfer under Chapter 44 of the General Laws; or act in any other manner in relation thereto.
ARTICT,F 7. To see if the Town will raise and appropriate money to pay any unpaid bills
rendered to the Town for prior years; or act in any other manner in relation thereto.
ARTICLE 8. To see if the Town will appropriate a sum of money for the Reserve Fund
as provided by Section 6 of Chapter 40 of the General Laws, and determine whether the money
shall be provided by the current tax levy, by transfer from available funds, including the
Reserve Fund - Overlay Surplus, or by any combination of these methods; or act in any other
manner in relation thereto.
ARTICLE 9. To see if the Town will authorize the Selectmen to petition the Director
of Accounts of the State for an audit for the year 1970; or act in any other manner in
relation thereto.
ARTICTF 10. To see if the Town will raise and appropriate funds for the payment of
pensions to retired members of the Police and Fire Departments and their dependents under
Chapter 32 of the General Laws; or act in any other manner in relation thereto.
ARTICLE 11. To see if the Town will authorize the Board of Selectmen to appoint one
of its members to the Board of Appeals, in accordance with Section 4A of Chapter 41 of the
General Laws; or act in any other manner in relation thereto.
ARTICLE 12. To see if the Town will make supplementary appropriations to be used in
conjunction with money appropriated in prior years for the installation or construction of
water mains, sewers, drains, streets, or buildings that have heretofore been authorized,
and determine whether the money shall be provided by the current tax levy, or by transfer
from available funds, or by borrowing, or by any combination of these methods; or act in
any other manner in relation thereto.
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ARTICLE 13. To see if the Town will vote to install street lights in such
unaccepted streets as the Selectmen may determine prior to the final adjournment of
the 1971 Annual Town Meeting; or act in any other manner in relation thereto.
ARTICLE 14. To see if the Town will authorize the Selectmen to obtain appraisals
on and options for land or ruts therein that they desire to recommend be acquired by
the Town as locations for future streets or for playground or recreational or off-street
parking or school purposes, or any combination of said purposes, and will authorize the
Selectmen to acquire by purchase, eminent domain, or otherwise, the land or ruts therein
that are recommended for such purposes; appropriate money for such appraisals, options
and land acquisition and determine whether the same shall be provided by the current tax
levy, or by transfer from available funds, or by any combination of these methods;
or act in any other manner in relation thereto.
ARTICLF 15. To see if the Town will appropriate a sum of money for the development of
Westview Cemetery, and determine whether the money shall be provided by the current tax
levy or by transfer from available funds, including the Westview Sale of Lots Fund, or by
any combination of these methods; or act in any other manner in relation thereto.
ARTICLE 16. To see if the Town will authorize the Selectmen to install curbing at
such locations as they may determine; appropriate a sum of money for such installation,
and determine whether the money shall be provided by the current tax levy, or by transfer
from available funds, or by any combination of these methods; or act in any other manner
in relation thereto.
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ARTICLE 17. To see if the Town will vote to install drains in such accepted or
unaccepted streets or other land as the Selectmen may determine, including the widening,
deepening or altering the course of brooks, streams and water courses and the construction
of new channels in said other land, in accordance with Chapter 263 of the Acts of 1926,
as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary therefor; appropriate money for such
installation and land acquisition and determine whether the money shall be provide by the
current tax levy, by transfer from available funds, or by borrowing, or by any combination
of these methods; or act in any other mariner in relation thereto.
ARTICLE 18. To see if the Town will vote to install new or replacement water mains
in such accepted or unaccepted streets or other land as the Selectmen may determine,
subject to the assessment of betterments or otherwise, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest in land necessary
therefor; appropriate money for such installation and land acquisition and determine whether
the money shall be provided by the current tax levy, by transfer from available funds,
including any special water funds, or by borrowing, or by any combination of these methods;
or act in any other manner in relation thereto.
ARTICLE 19. To scc if the Town will authorize the Selectmen to construct concrete,
bituminous concrete or other sidewalks where the abutting owner pays one-half of the cost
or otherwise; appropriate a sum of money for such construction, and determine whether the
money shall be provided by the current tax levy, or by transfer from available funds, or by
any combination of these methods; or act in any other manner in relation thereto.
•
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ARTICLE 20. To see if the Town will vote to install sewer mains in such accepted or
unaccepted streets or other land as the Selectmen may determine, subject to the assessment
of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, as amended,
or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement
or other interest in land necessary therefor; appropriate money for such installation and
land acquisition and determine whether the money shall .be provided by the current tax levy,
by transfer from available funds, including any special sewer funds, or by borrowing, or by
any combination of these methods; or act in any other manner in relation thereto.
ARTICLE 21. To see if the Town will vote to install trunk sewers in such
accepted or unaccepted streets or other land as the Selectmen may determine, subject to the
assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897,
as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary therefor; appropriate money for such
installation and land acquisition and determine whether the money shall be provided by
the current tax levy, by transfer from available funds, including any special sewer funds,
or by borrowing, or by any combination of these methods; or act in any other manner in
relation thereto.
AHTICTF 22. To see if the Town will appropriate a sum of money for highway
maintenance under the authority of Chapter 90 of the General Laws, and determine whether
the money shall be provided by the current tax levy, or by transfer from available funds,
or by any combination of these methods; or act in any other manner in relation thereto.
ARTICLE 23. To see if the Town will appropriate a sum of money for highway construction
under the authority of Chapter 90 of the General Laws, and determine whether the money shall
be provided by the current tax levy, or by transfer from available funds, including any funds
that may be made available to the Town under the provisions of Chapter 616 of the Acts of 1967
and Chapter 679 of the Acts of 1965, or either of them, or by any combination of these methods;
or act in any other manner in relation thereto.
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ARTICLE 214. To see if the Town will appropriate a sum of money for the purchase by
or with the approval of the Selectmen of equipment for the Department of Public Works, and
determine whether the money shall be provided by the current tax levy or by transfer from
available funds, including the Road Machinery Fluid, or by any combination of these methods;
or act in any other manner in relation thereto.
ARTICLE 25. To see if the Town will vote to enlarge the scope of the Road !Machinery
Fund by crediting to said fund an amount based on hourly rental for the use of motorized
equipment of the Public Works Department when used on various projects carried on under the
direction of said Department or other Town Departments, the amount of said credit not to
exceed the amount allowed by the State for the use of similar equipment; or act in any other
manner in relation thereto.
ARTICT.F 26. To see if the Town will raise and appropriate money for the improvement
of lowlands and swamms and the eradication of mosquitoes under Chapter 252 of the General
Laws or for the eradication of mosquitoes by the Board of Health of Lexington; or act in any
other manner in relation thereto.
ARTICLE 27. To see if the Town will appropriate a sum of money to be expended under
the direction of the Board of Health for providing cooperative complementary facilities to
the out-patient clinic of the Mystic Valley Children's Clinic established in accordance with
the provisions of Chapter 123 of the General Laws in cooperation with the Massachusetts
Department of Mental Health, and for providing payment for services rendered or to be
rendered by such Clinic; or act in any other manner in relation thereto.
ARTICLE 28. To see if the Town will vote to appropriate the total amount of State
Aid to public libraries received in 1970 to the Trustees of the Cary Memorial Library to
use in improving and extending library services in Lexington; or act in any other manner
in relation thereto.
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ARTICLE 29. To see if the Town will appropriate a sum of money for engineering
services and plans for sewer mains in such accepted or unaccepted streets or other land
as the Selectmen may determine, and determine whether the money shall be provided by the
current tax levy or by transfer from available funds, or by any combination of these
methods; or act in any other manner in relation thereto.
ARTICLF 30. To see if the Town will raise and appropriate money to be expended by
the Selectmen as authorized by Chapter 570 of the Acts of 1962 for reimbursing subdividers
for part of the cost of constructing ways or installing municipal services, as required
by the Planning Board in its approval of definitive subdivision plans under the Subdivision
Control Law, of a greater width or size than would be required to serve the subdivision
alone, the reimbursement as to any subdivision not to exceed the amount recommended by the
Planning Board; or act in any other manner in relation thereto.
ARTICLE 31. To see if the Town will establish the salary and compensation of the
Town Treasurer, Town Clerk, and Collector of Taxes, being all the elected officers of the
Town on a salary basis, as provided by Section 108 of Chapter 41 of the General Laws,
and raise and appropriate the funds necessary therefor; or act in any other manner in
relation thereto.
ARTICLE 32. To see if the Town will authorize the Selectmen to enter into a contract
or contracts for the remodeling of, and construction of additions to, the Town Office
Building and the Police Building and for the original equipping and furnishing of said
remodeled buildings and said additions, and will provide for supervision of the work;
appropriate money for such purposes and determine whether the money shall be provided by
the current tax levy, or by transfer from available funds, or by boriuwing, or by any
combination of these methods; or act in any other manner in relation thereto.
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ARTICLE 33. To see if the Town will vote to appropriate a sum of money for the
cost of moving, relocating, and providing, by purchase or lease, or otherwise,
temporary facilities for, any or all of the offices of the Town as may be necessary
or advisable during the remodeling of, and construction of additions to, the Town Office
Building and Police Building, and for the cost of altering, remodeling or renovating
any Town property or -leased facility for such use, and determine whether the money shall
be provided by the current tax levy, or by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
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ARTICLE 34. To see if the Town will authorize the Permanent Building Committee,
appointed under authority of the vote adopted under Article 73 of the Warrant for the
1967 Annual Town Meeting, to retain professional services and prepare final plans and
specifications, to obtain bids and to enter into a contract or contracts for the
construction and original equipping and furnishing of a new Junior High School on the
parcel of land situated on and off Marrett Road that was acquired for school, playground
and other public purposes in 1965, and to supervise the work; appropriate money for such
purposes and determine whether the money shall be provided by the current tax levy, or by
transfer from available funds, or by borrowing, or by any combination of these methods; or
act in any other manner in relation thereto.
ARTICLE 35. To see if the Town will authorize the Permanent Building Committee,
appointed under authority of the vote adopted under Article 73 of the Warrant for the
1967 Annual Town Meeting, to retain professional services and prepare final plans and
specifications and to obtain bids for the construction and original equipping and
furnishing of a new Junior High School on the parcel of land situated on and off Marrett
Road that was acquired for school, playground and other public purposes in 1965;
appropriate money for such purposes and determine whether the money shall be provided by
the current tax levy, or by transfer from available funds, or by any combination of these
methods; or act in any other manner in relation thereto.
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ARTICLE 36. To see if the Town will (1) authorize and instruct the Permanent
Building Comnittee, appointed under authority of the vote adopted under Article 73 of
the Warrant for the 1967 Annual Town Meeting, on behalf of the Town (a) to initiate and
carry on discussions with the contractor or contractors for the construction and original
equipping of a new Junior High School on the parcel of land situated on and off Marrett
Road that was acquired for school, playground and other public purposes in 1965, concerning
employment on the project of minority-group trainees and skilled workers, in order to meet
labor shortages, maintain an ample force of workers and tradesmen, and provide more equal
opportunities for minority-group employment in the construction trades; and (b) from time
to time to submit requests to the contractor to utilize, in such manner as the Permanent
Building Committee shall specify, particular referral agencies and training programs for
minority-group employment in the construction trades; (2) authorize said Permanent Building
Conunittee on behalf of the Town to agree with the contractor that any such specific request
be treated as a change in the work pursuant to the provisions of the contract, and (insofar
as compliance with any such specific request can be shown to occasion additional expense to
the contractor) to pay additional compensation therefor as provided by the contract;
(3) appropriate money for such purposes and determine whether the money shall be provided
by the current tax levy, by transfer from available funds, including any unexpended
balances in current appropriations, or by any combination of these methods; or (4) act in
any other manner in relation thereto.
ARTICLE 37. To see if the Town will authorize the Permanent Building Committee,
appointed under Article 73 of the Warrant for the 1967 Annual Town Meeting, to retain
professional services and prepare preliminary plans and specifications for remodeling of
and additions to the Cary Memorial Library building; or act in any other manner in
relation thereto.
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ARTICTF 38. To see if the Town will appropriate a sum or sums of money for painting
the exterior trim and for installing carpeting on the main floor of the Branch Library,
and determine whether the money shall be provided by the current tax levy, or by transfer
from available funds, or by any combination of these methods; or act in any other manner
in relation thereto.
ARTICTF 39. To see if the Town will authorize the Permanent Building Committee or
some other board or committee of the Town to retain professional services and prepare final
plans and specifications and to obtain bids for the construction and original equipping
and furnishing of an addition or additions to the Central Headquarters Fire Station;
appropriate money for such purposes and determine whether the money shall be provided by
the current tax levy, or by transfer from available funds, or by any combination of these
methods; or act in any other manner in relation thereto.
ARTICLE 40. To see if the Town will authorize the Permanent Building Committee or
some other board or committee of the Town to retain professional services and prepare plans
and specifications for an addition to the existing building at Westview Cemetery, to enter
into a contract or contracts for the construction of said addition, and to supervise the
work; appropriate money for such purposes and determine whether the money shall be provided
by the current tax levy, or by transfer from available funds, including the Westview Sale
of Lots Fund, or by any combination of these methods; or act in any other manner in
relation thereto.
ARTICLE 41. To see if the Town will vote to appropriate a sum of money for the
purchase of a new leaf vacuum and determine whether the money shall be provided by the
current tax levy, or by transfer from available funds, or by any combination of these
methods; or act in any other manner in relation thereto.
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ARPICTF 42. To see if the Town will vote to appropriate a sum of money for the
purchase of a new ambulance and determine whether the money shall be provided by the
current tax levy, or by transfer from available funds, or by trade-in of the present
ambulance, or by any combination of these methods; or act in any other manner in
relation thereto.
ARTICLE 43. To see if the Town will raise and appropriate a sum of money to be
expended by the Board of Health to make a preliminary and definitive engineering survey
of the Town of Lexington water supply system to determine the cost of implementing the
order of the Board of Health, issued on April 17, 1969, "that the fluoride content of
the Town of Lexington public water supply be increased to 1.0 part per million"; or act
in any other manner in relation thereto.
ARPICTF 44. To see if the Town will vote to extend to a subsequent Town Meeting,
the time within which the Data Processing Study Committee, established under Article 43
of the 1968 Annual Town Meeting, shall report; or act in any other manner in relation
thereto.
ARTICLE 45. To see if the Town will approve the construction of a new housing
project by the Lexington Housing Authority, namely, a housing project for elderly persons
pursuant to the provisions of Chapter 667 of Massachusetts Acts of 1954, and acts in
amendment thereof and in addition thereto, to be known as State-Aided Housing Project 667-2.
ARPICT.F 46. To see if the Town will authorize the Selectmen to accept on behalf of
the Town from Marcia W. A. Dane a gift of a sum of money in memory of Elsa W. Regestein,
the income from which shall be used from time to time for the purpose of making awards to
students in the senior class of the Lexington High School to be known as The Elsa W.
Regestein Award, or act in any other manner in relation thereto.
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ARTICLE 47. To see if the Town will vote to appropriate a sum of money for the
purchase or lease of voting machines, and provide for payment thereof by the current tax
levy or by transfer from available funds, or by any combination of these methods; or act
in any other manner in relation thereto.
ARTICLE 48. To see if the Town will make a supplementary appropriation to be used
in conjunction with and in addition to the money appropriated in the vote adopted under
Article 44 of the Warrant for the 1962 Annual Town Meeting for acquisition of the land
described in the votes adopted under Articles 42, 43 and 44 of said 1962 Annual Town Meeting,
and provide for payment thereof by the current tax levy, or by transfer from available
funds, or by borrowing, or by any combination of these methods; or act in any other manner
in relation thereto.
ARTICLE 49. To see if the Town will vote to accept and establish a building line on
Massachusetts Avenue from the easterly boundary line of the premises now numbered 1620 Massa-
chusetts Avenue to the westerly boundary line of the premises now numbered 1654-1656 Massa-
chusetts Avenue, said building line being parallel to and distant 15 feet southerly from the
southerly side line of the 1916 County Layout of Massachusetts Avenue, all as laid out by the
Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1970
and to take by eminent domain, purchase or otherwise acquire any fee, easement or other
interest in land necessary for the establishment of said building line; to see if the Town
will vote to accept and establish a building line on the entire length of the easterly side
of the 1956 Town Layout of Wallis Court, said building line being parallel to and distant
7.5 feet easterly from the easterly side line of said Wallis Court, and a building line on
the entire length of the westerly side of said Wallis Court, said building line being
parallel to and distant 7.5 feet westerly from the westerly side line of said Wallis Court,
all as laid out by the Selectmen and shown upon said plan on file in the office of the Town
Clerk, dated January 19, 1970; and to take by eminent domain, purchase or otherwise acquire
any fee, easement or other interest in land necessary for the establishment of said building
lines; appropriate money for the establishment of said building lines and for said land
acquisitions and determine whether the money shall be provided by the current tax levy, or by
transfer from available funds, or by borrowing, or by any combination of these methods;
or act in any other manner in relation thereto.
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ARTICLE' 50. To see if the Town will authorize the Selectmen to install or remodel
traffic control signals at such locations as they may determine; appropriate a sum of money
for such installation, and determine whether the money shall be provided by the current
tax levy, or by transfer from available funds, including any funds available to the Town
under the provisions of Chapter 519 of the Acts of 1967 or Chapter 616 of the Acts of
1967, or by borrowing, or by any combination of these methods; or act in any other manner
in relation thereto.
ARTICLE 51. To see if the Town will appropriate a sum of money for the further
development of the so-called dumn area on Lincoln Street and determine whether the money
shall be provided by the current tax levy, or by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
ARTICLE 52. To see if the Town will appropriate a sum of money for the further
development of the Harrington School Playground and determine whether the money shall be
provided by the current tax levy, or by transfer from available funds, or by any combination
of these methods; or act in any other manner in relation thereto.
ARTICLE 53. To see if the Town will appropriate a sum of money for the development
of a neighbai±rood play area on a parcel of land owned by the Town, located off Garfield
Street and determine whether the money shall be provided by the current tax levy or by
transfer from available funds, or by any combination of these methods; or act in any other
manner in relation thereto.
ARTICLE 54. To see if the Town will appropriate a sum of money for the development
of a neighborhood play area on a parcel of land owned by the Town, located at Pstabrook
School and determine whether the money shall be provided by the current tax levy or by
transfer from available funds, or by any combination of these methods; or act in any other
manner in relation thereto.
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ARTICLE 55. To see if the Town will appropriate a sum of money for the lighting of
four tennis courts at the Center Playground and determine whether the money shall be provided
by the current tax levy or by transfer from available funds, or by any contination of these
methods; or act in any other manner in relation thereto.
ARTICLE 56. To see if the Town will vote to establish as a town way and accept the
layout of as a town way Augustus Road from Reed Street a distance of 1396 feet, more or less,
southwesterly to Vaille Avenue, as laid out by the Selectmen and shown upon a plan on file
in the office of the Town Clerk, dated January 29, 1970, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest in land necessary therefor;
and raise and appropriate money for the construction of said street and for land acquisition;
or act in any other manner in relation thereto.
ARTICLE 57. To see if the Town will vote to establish as a town way and accept the
layout of as a town way Hickory Street from Garfield Street a distance of 1012 feet, more
or less, southeasterly and easterly to Kimball Road, as laid out by the Selectmen and shown
upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to take
by eminent domain, purchase or otherwise acquire any fee, easement or other interest in
land necessary therefor; and raise and appropriate money for the construction of said
street and for land acquisition; or act in any other manner in relation thereto.
ARTICLE 58. To see if the Town will vote to establish as a town way and accept the
layout of as a town way Vaille Avenue from the previously accepted portion a.distance of
1120 feet, more or less, westerly to end, as laid out by the Selectmen and shown upon a
plan "on file in the office of the Town Clerk, dated January 29, 1970, and to take by
eminent domain, purchase or otherwise acquire any fee, easement or other interest in land
necessary therefor; and raise and appropriate money for the construction of said street
and for land acquisition; or act in any other manner in relation thereto.
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ARTICLE 59. To see if the Town will vote to establish as a town way and accept the
layout of as a town way Blinn Road from Hickory Street a distance of 447 feet, more or
less, southwesterly to end, as laid out by the Selectmen and shown upon a plan on file in
the office of the Town Clerk, dated January 29, 1970, and to take by eminent domain, purchase
or otherwise acquire any fee, easement or other interest in land necessary therefor; and
raise and appropriate money for the construction of said street and for land acquisition; or
act in any other manner in relation thereto.
ARTICLE 60. To see if the Town will vote to establish as a town way and accept the
layout of as a town way Shaw Place from Augustus Road a distance of 276 feet, more or less,
northwesterly to end, as laid out by the Selectmen and shown upon a plan on file in the
office of the Town Clerk, dated January 29, 1970, and to take by eminent domain, purchase
or otherwise acquire any fee, easement or other interest in land necessary therefor; and
raise and appropriate money for the construction of said street and for land acquisition;
or act in any other manner in relation thereto.
ARTICI,F 61. To see if the Town will vote to establish as a town way and accept
the layout of as a town way Forbes Road from I'4arrett Road a distance of 830 feet, more or
less, southerly to end, as laid out by the Selectmen and shown upon a plan on file in the
office of the Town Clerk, dated January 29, 1970, and to take by eminent domain, purchase
or otherwise acquire any fee, easement or other interest in land necessary therefor; and
raise and appropriate money for the construction of said street and for land acquisition;
or act in any other manner in relation thereto.
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ARTICLE 62. To see if the Town will vote to establish as a town way and accept
the layout of as a town way Mason Street from Pleasant Street a distance of 1332 feet,
more or less, easterly and southeasterly to previously accepted portion, as laid out by
the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated
January 29, 1970, and to take by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor; and raise and appropriate money
for the construction of said street and for land acquisition; or act in any other manner
in relation thereto.
ARTICLc. 63. To see if the Town will vote to establish as a town way and accept the
layout of as a town way White Pine Lane from Mason Street a distance of 763 feet, more or
less, southwesterly to end, as laid out by the Selectmen and shown upon a plan on file in
the office of the Town Clerk, dated January 29, 1970, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest in land necessary therefor;
and raise and appropriate money for the construction of said street and for land acquisition;
or act in any other manner in relation thereto.
ARPICfF 64. To see if the Town will vote to establish as a town way and accept the
layout of as a town way Saddle Club Road from Grant Street a distance of 1165 feet, more
or less, northeasterly to the previously accepted portion, as laid out by the Selectmen and
shown upon a plan on file in the office of the Town Clerk, datedJanuary 29, 1970, and to
take by eminent domain, purchase or otherwise acquire any fee, easement or other interest
in land necessary therefor; and raise and appropriate money for the construction of said
street and for land acquisition; or act in any other manner in relation thereto.
ARTICLE 65. To see if the Town will vote to establish as a town way and accept the
layout of as a town way Oak Park Circle from Saddle Club Road a distance of 505 feet, more
or less, northerly to end, as laid out by the Selectmen and shown upon a plan on file in the
office of the Town Clerk, dated January 29, 1970, and to take by eminent domain, purchase
or otherwise acquire any fee, easement or other interest in land necessary therefor; and
raise and appropriate money for the construction of said street and for land acquisition;
or act in any other manner in relation thereto.
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ARTICLE 66. To see if the Town will vote to establish as a town way and accept the
layout of as a town way Carol Lane from Bedford Street a distance of 700 feet, more or
less, northeasterly to end, as laid out by the Selectmen and shown upon a plan on file in
the office of the Town Clerk, dated January 29, 1970, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest in land necessary therefor;
and raise and appropriate money for the construction of said street and for land acquisition;
or act in any other manner in relation thereto.
ARTICLE 67. To see if the Town will vote to establish as a town way and accept
the layout of as a town way Paddock Lane from Follen Road a distance of 645 feet, more or
less, southwesterly to end, as laid out by the Selectmen and shown upon a plan on file in
the office of the Town Clerk, dated January 29, 1970, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest in land necessary therefor;
and raise and appropriate money for the construction of said street and for land acquisition;
or act in any other manner in relation thereto.
ARTICT,F 68. To see if the Town will vote to establish as a town way and accept the
layout of as a town way Emerson Road from near Diamond Road a distance of 1380 feet, more
or less, easterly to a distance of 337 feet, more or less, beyond Angier Road, as laid
out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated
January 29, 1970, and to take by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor; and raise and appropriate money for
the construction of said street and for land acquisition; or act in any other manner in
relation thereto.
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ARTICLE 69. To see if the Town will vote to establish as a town way and accept
the layout of as a town way Diamond Road from Grove Street a distance of 1297 feet, more
or less, northeasterly and northerly to Emerson Road, as laid out by the Selectmen and
shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to
take by eminent domain, purchase or otherwise acquire any fee, easement or other interest
in land necessary therefor; and raise and appropriate money for the construction of said
street and for land acquisition; or act in any other manner in relation thereto.
ARTICTF 70. To see if the Town will vote to establish as a town way and accept
the layout of as a town way Angier Road from Burlington Street a distance of 799 feet,
more or less, northeasterly to Emerson Road, as laid out by the Selectmen and shown upon
a plan on file in the office of the Town Clerk, dated January 29, 1970, and to take by
eminent domain, purchase or otherwise acquire any fee, easement or other interest in land
necessary therefor; and raise and appropriate money for the construction of said street
and for land acquisition; or act in any other manner in relation thereto.
ARTICLE 71.4 To see if the Town will vote to establish as a town way and accept the
layout of as a town way White Terrace from Diamond Road a distance of 425 feet, more or
less, northwesterly to end, as laid out by the Selectmen and shown upon a plan on file
in the office of the Town Clerk, dated January 29, 1970, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest in land necessary
therefor; and raise and appropriate money for the construction of said street and for land
acquisition; or act in any other manner in relation thereto.
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ARTICTF 72. To see if the Town will vote to establish as a town way and accept the
layout of as a town way Bloomfield Street from 100 feet, more or less, beyond Minola Road
a distance of 438 feet, more or less, westerly to end, as laid out by the Selectmen and
shown upon a plan on file in the office of the Town Clerk, dated January 29, 1970, and to
take by eminent domain, purchase or otherwise acquire any fee, easement or other interest
in land necessary therefor; and raise and appropriate money for the construction of said
street and for land acquisition; or act in any other manner in relation thereto.
ARTICLE 73. To see if the Town will vote to establish as a town way, and accept the
layout of as a town way, Bloomfield Street from Highland Avenue a distance of 350 feet,
more or less, westerly to beyond Minola Road, 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
January 29, 1970, and to take by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor; appropriate money for the construction
of said street and for land acquisition and determine whether the money shall be provided
by the current tax levy, by transfer from available funds, or by borrowing, or by any
combination of these methods; or act in any other manner in relation thereto.
ARTICTF 74. To see if the Town will vote to establish as a town way, and accept
the layout df as a town way, Minola Road from Bloomfield Street a distance of 105 feet,
more or less, northerly to the previously accepted portion, 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 January 29, 1970, and to take by eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary therefor; appropriate money for the
construction of said street and for land acquisition and determine whether the money shall
be provided by the current tax levy, by transfer from available funds, or by borrowing, or
by any combination of these methods; or act in any other manner in relation thereto.
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ARTICLE 75. To see if the Town will vote to establish as a town way, and accept
the layout of as a town way, Downing Road from Marrett Road a distance of 1050 feet,
more or less, northwesterly to Outlook Drive, 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
January 29, 1970, and to take by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor; appropriate money for the
construction of said street and for land acquisition and determine whether the money shall
be provided by the current tax levy; by transfer from available funds, or by borrowing,
or by any combination of these methods; or act in any other manner in relation thereto.
ARTICLE 76. To see if the Town will make a supplementary appropriation to be used
in conjunction with and in addition to the money appropriated in the vote adopted under
Article 44 of the Warrant for the 1969 Annual Town Meeting for construction of ways
accepted in the votes adopted under Articles 42, 43 and 44 of said 1969 Annual Town
Meeting and for acquisition of land or interests therein for said ways, and provide for
payment thereof by the current tax levy, or by transfer from available funds, or by
borrowing, or by any combination of these methods; or act in any other manner in relation
thereto.
ARTICLE 77. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain,
upon the written request of the Conservation Commission, for conservation purposes as
provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, conservation
restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest
in all or any part of a parcel of land containing 3.78 acres, more or less, situated on
the easterly side of land now or formerly of the Boston and Maine Railroad and shown on
a plan recorded with Middlesex South District Registry of Deeds in Plan Book 130, Plan 2;
and appropriate money therefor and determine whether the money shall be provided by the
current tax levy, by transfer from available funds, or by borrowing, or by any combination
of these methods; or act in any other manner in relation thereto.
-23-
ARTICLE 78. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain,
upon the written request of the Conservation Commission, for conservation purposes as
provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, or conservation
restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest
in all or any part of land shown as Lots 35, 36, 37, 38, 39A, 40B, 41A, 41B, 42, 43, 44,
45, 46, 47, 48 on Assessors Property Map 38; and appropriate money therefor and determine
whether the money shall be provided by the current tax levy, by transfer from available
funds, or by borrowing, or by any combination of these methods; or act in any other manner
in relation thereto.
ARTICT,F 79. To see if the Town will authorize the Conservation Commission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain,
upon the written request of the Conservation Commission, for conservation purposes as
provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, or conservation
restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest
in all or any part of land shown as Lot 95A and Lot 96A on Assessors Property Pap 11;
and appropriate money therefor and determine whether the money shall be provided by the
current tax levy, by transfer from available funds, or by borrowing, or by any combination
of these methods; or act in any other manner in relation thereto.
ARTICLE 80. To see if the Town will authorize the Conservation Commission to purchase
or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the
written request of the Conservation Commission, for conservation purposes as provided by
Section 8C of Chapter 40 of the General Laws, any fee, easement, or conservation restriction
as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any
part of land shown as Lots 144, 145, 147, 167, 175, 114, 115, 116 on Assessors Property
Map 32 and Lot 7 on Assessors Property Map 41; and appropriate money therefor and determine
whether the money shall be provided by the current tax levy, by transfer from available
funds, or by borrowing, or by any combination of these methods; or act in any other manner
in relation thereto. .
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ARPICi,F 81. To see if the Town will authorize the Conservation Conmiission to
purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain,
upon the written request of the Conservation Commission, for conservation purposes as
provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, conservation
restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest
in all or any part of land shown as Lots 9 and 11 on Assessors Property Map 16 and Lots 40,
41, 42, 43, 44A, 44B, 44C, 45, 46, 47A, 47B, 48, 49, 68B, 69, 70, 75, 76, 121, 122, 123,
124, 125, 126, 127, 128, 129 on Assessors Property Map 24; and appropriate money therefor
and determine whether the money shall be provided by the current tax levy, by transfer
from available funds, or by borrowing, or by any combination of these methods; or act in
any other manner in relation thereto.
ARTICi,F 82. To see if the Town will vote to amend the General By-Laws by inserting
in ARTICLE XXI thereof a new Section 2, to read substantially as follows:
Section 2. Any board, officer, committee, or other agency of the Town, which acts
on behalf of the Town in making or supervising any contract, in an amount exceeding the
sum of one hundred thousand dollars, (100,000.00) for the purchase of goods or services,
or for the construction, renovation, or repair of buildings or other improvement of real
estate, may make arrangements with contractors and other interested agencies for special
programs of recruitment and training in connection with the work to be perforued on such
contracts, with the objective of promoting equal employment opportunity for members of
minority groups protected by the fair employment laws of the Commonwealth and the United
States. Any such board, officer, committee, or other Town agency may expend Town funds in
carrying out such arrangements and programs or in compensating contractors for carrying
them out provided that appropriations specifically designated for such purposes have been
voted by the Town Meeting. Undertakings by contractors to carry out such arrangements or
programs may, when appropriate, be embodied in.requirements, to be included in contracts,
that contractors engage in such recruitment, training, and employment as a part of the work
to be performed, or in collateral agreements with contractors.
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ARTICLE 83. To see if the Town will authorize the Selectmen to petition the
General Court for the enactment of legislation to provide for a change in method of
assessing sidewalk betterments; or act in any other manner in relation thereto.
ARTICLE 84. To see if the Town will vote to amend the Zoning By-Law by striking out in
the definition of FLOOR AREA in Section 40 thereof the word "attic", by inserting in place
thereof the word "other", by inserting the words "and of" following the word "garages", and
by adding at the end of said definition of FLOOR AREA the following new sentence:
"In the absence of information as to what portion of a building will be used for such storage
and services, 80a of the aggregate floor area shall be used for the determination of the
required off-street parking" so that said definition shall read as follows:
FLOOR AREA: The aggregate horizontal area in square feet of all floors of a building or
several buildings on the same lot measured from the exterior faces of walls enclosing each
building, exclusive of garages, and of cellar, basement and other areas used only for storage
or for services incidental to the operation or maintenance of such building or buildings.
In the absence of information as to what portion of a building will be used for such storage
and services, 80% of the aggregate floor area shall be deemed to be the floor area for the
purposes of computing the required off-street parking.
ARTICLE 85. To see if the Town will vote to amend the Zoning By-Law by striking out the
words "No requirement" in the column entitled REQUIRED PARKING opposite the district designatioi
CB in the table 32.1 SCHEDULE OF REQUIRED PARKING AND LOADING, by substituting in place
thereof the words "1 parking space per 150 s.f. or fraction thereof for any floor space built
or added after April 1, 1970, but only to the extent that such floor space so built or added
increases the floor area existing on April 1, 1970a" and by adding at the end of said table
32.1 a footnote a reading as follows:
a. Such parking space shall be in addition to the space on the lot dedicated to parking,
which existed on or prior to April 1, 1970, and which did not exceed one parking space per 150
s.f. floor area existing on that date, but the Board of Appeals may grant special permits for
the provision of fewer parking spaces than required hereby, whenever it appears that the
existing off-street parking area serving a building or a municipal off-street parking area,
located within 400 feet of such new or added floor area and accessible without crossing any
major street carrying more than two lanes of traffic, would provide a part or all of the
required parking for such new or added floor area.
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ARTICLE 86. To see if the Town will vote to amend the Zoning By-Law by striking
out the GB districts 23.95 and 23.96, by renumbering CB district 23.97 as 23.95 and by
adding in subsection 23.7 thereof the following two new CG districts:
23.87 A district on the northeasterly side of Bedford Street, between the north-
easterly side of said Bedford Street, as laid out by the Middlesex County Commissioners
in 1891, and the westerly side of the railroad right of way, extending from the south-
easterly lot line of land formerly of Christopher S. Ryan Estate and now numbered
33 Bedford St. to the northwesterly lot line of the property owned now or formerly by the
Lexington Limber Corporation and now numbered 53-67 Bedford St.
23.88 A district on the southwesterly side of Bedford Street and on both sides of
Worthen Road bounded and described as follows: beginning at the intersection of the
northwesterly lot line of the premises owned now or formerly by Custance Bros. , Inc. with
the southwesterly side line of Bedford Street, as laid out by the Middlesex County
Commissioners in 1891; thence by said side line of Bedford Street southeasterly 930 feet
more or less to the northwesterly lot line of the premises numbered 30 Bedford St. ;
thence southwesterly by said lot line and by an extension thereof a distance of 416.37 feet;
thence northwesterly 327.40 feet by the RM district numbered 22.44 to Worthen Road, as laid
out by the Town -of Lexington in 1955; thence by the southeasterly side line of said Worthen
Road northeasterly 66.69 feet; thence northwesterly by a line parallel to and 400 feet
southwesterly from the southwesterly line of Bedford Street to the northwesterly lot line
of the property now or formerly of Custance Bros. , Inc. now numbered 70 Bedford St. ; thence
by said lot line of Custance Bros., Inc. northeasterly 401 feet more or less to the
point of beginning ,
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ARTICLE 87. To see if the Town will vote to amend the Zoning By-Law by providing for
a new zoning district and the regulation of land uses and building therein as follows:
A. By adding at the end of subsection 20.1 entitled Residence Districts the following
new designation:
RH - Subsidized Housing District
B. By inserting in Section 25 - USE REGULATIONS SCHEDULE between the columns headed
RO/RS and RT a new column headed RH and having the same symbols opposite the various use
designations as now appear in the column headed RO/RS;
C. By inserting in Section 27 - Schedule of Dimensional Controls between the columns
headed RO and RS/RT a new column headed RH and reading as follows opposite the various
designations in the first column on the left:
Pinimum Lot Area )
See Section 36
Minimum Lot Frontage )
Minimum Front Yard (b) 30 ft. (k)
Minimum Side Yard 15 ft. 0c)
Minimum Rear Yard 15 Ft. (k)
Minimum Side and Rear Yard
Adjacent To R0, RS,
RI', RM Districts 15 ft. (k)
Minimum Yard Adjacent
To other District 15 ft. (k)
Minimum % Open Area N R (k)
Maximum Height Schools Stories 3
Hospitals, Public Buildings-Feet 45 ft.
Maximum height Stories 2 z (k)
Other Building Feet 40 ft.
Minimum Between Buildings N R (k)
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D. By inserting in Section 27 - Schedule of Dimensional Controls in proper
alphabetical location a new footnote (k) reading as follows:
(k) The Board of Appeals may permit exceptions to these dimensional
controls for subsidized housing in accordance with the provisions of
Section 36;
E. !3y amending in the subsection 32.1 SCHEDULE OF REQUIRED PARKING AND LOADING in the
column headed USE the lines reading "Use permitted on Special Permit in RO, RS or RT
district (Subsection 12.2)" to read as follows:
Uses permitted on Special Permit in 'RO, RS or RT district
(see subsection 12.2) or in MI district (see Section 36)
F. By adding the district designation RH in that column heading of subsection 32.2
SCHEDULE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING now reading RO, RS, FPI', RN,
so that theheading shall read RO, RS, RT, RM, RH.
ARTICLE 88. To see if the Town will vote to amend the Zoning By-Law by adding
thereto a new Section 36 as follows:
SECTION 36: Subsidized Housing District
36.1 The provisions of. this Section shall be applicable to RH districts only and shall
be in addition to other provisions of this By-Law applying to RH and other districts.
36.11 Definition of Subsidized Housing. The term "subsidized housing" shall
mean housing for people of low or moderate income which is constructed, rehabilitated,
remodeled and sold, leased or rented by the Town of Lexington, the Lexington Housing Authority
or by any other public agency, non-profit or limited dividend corporation or cooperative,
the construction, remodeling, financing, sale, lease or rental of which housing is regulated
and financially assisted by agencies of'the government of the United States or of the
Commonwealth of Massachusetts under programs the purpose of which is to provide housing
for people of low or moderate income. The tent "low income", "moderate income", and
"limited dividend corporation": shall have the meanings defined in the programs or laws
administered by such agencies.
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36.12 Land Uses and Dimensional Control in the Absence of Special Permit.
Except in the case of a special permit granted by the Board of Appeals pursuant to the
procedure hereinafter described, land uses and dimensional controls in RH districts
contained within the geographical limits of the RS district, as defined in Subsection 22.2,
shall be the same as those of the RS district, and within the geographical limits of the
HC) districts shall be the same as those of the RO districts.
36.13 General objectives: the Lexington subsidized housing program is intended
to result in the construction of sufficient dwelling units for people 6f low and moderate
income to increase the T'own's stock of subsidized housing to a total of approximately
950 units, thereby fulfilling Lexington's responsibility to flzrnish its proportionate share
of such housing in the metropolitan Boston area. The special permit procedure hereinafter
established is intended to accomplish this objective while ensuring compliance with local
planning standards and policies concerned. with land use, building design and requirements of
health, safety and welfare of residents of the Town of Lexington.
36.2 Special Permit Provisions. The Board of Appeals may grant a special permit for
the development of any tract of land in an RH district in which not less than 40% of the
dwelling units to be constructed in such development core within the definition of
subsidized housing contained herein.
36.21 Where the proposed construction of subsidized housing is dependent upon
obtaining approval and/or a commitment of financial assistance under relevant federal or
state housing subsidy programs, it shall be a condition of any special permit issued
hereunder that no building permit shall issue for any portion of the proposed development
until the applicant has filed with the Board of Appeals evidence that such approval and/or
commitment has been obtained.
36.22 Any special permit granted hereunder shall designate the dwelling units
to be used for subsidized housing and shall impose appropriate safeguards to ensure the
continued use of such designated units or equivalent units for subsidized housing.
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36.23 -A special permit granted hereunder may allow the construction of single
family detached houses, two-family houses, two-family semi-detached houses, townhouse-type
dwelling units separated by party walls meeting state or federal safety requirements, garden
apartments not exceeding in height three stories used for human occupancy, duplex-over-
duplex type dwelling units not exceeding in height four stories used for human occupancy, or
any combination of such housing types or other housing types not exceeding in height three
stories used for human occupancy determined by the Board of Appeals to be appropriate for
subsidized housing. Ownership of such housing may be in any form permitted by law, including
condominiums.
36.24 The Board of Appeals shall have discretion to permit dwelling unit
density in RH districts of up to, but not exceeding, 18 dwelling units per acre. However,
in each instance in which the Board of Appeals permits such density to exceed 12 dwelling
units per acre, the Board shall file with its decision the basis for its determination that .
such density would be appiupriate and, in reaching such determination, shall consider, among
other factors, soil conditions, drainage, traffic or other neighborhood conditions brought
to the Board's attention, the provision of usable open space in excess of the minimum
required per dwelling unit and the provision of off-street parking under or within buildings
which contain dwelling units .
36.25 F1vnt yards shall not be reduced to less than twenty feet. The minimum
distance between detached buildings, including the distance to buildings permissible on
adjacent properties, shall be 30 feet or the height of the taller building, whichever is
greater.
36.26 Fbr up to 24 dwelling units there shall be provided at least one direct st'cet
access of adequate width, for 24 or more dwelling units there shall be provided at least
two direct accesses each of adequate width.
36.27 There shall be provided at least one off-street parking space per
dwelling unit, reserved for the use of such dwelling unit and within 150 feet thereof. The
total nwnber of off-street parking spaces provided shall be not less than 1 1/4 times the
number of dwelling units. Such parking spaces shall be paved, contained in garages, or under
or within buildings which contain dwelling units.
-31-
36.28 Not less than 1,000 square feet of permanent usable open space per
dwelling unit available for outdoor activities shall be provided. Required front yards,
paved vehicular areas and wetlands shall not be considered usable open space.
36.29 Any special permit granted hereunder shall incorporate by reference
the building design, site development and financing plans submitted by the developer with
the application. Development of the tract in question under such special permit shall be
in conformance with such designs and plans, unless, after hearing, the Board of Appeals
amends such special permit.
In granting a special permit, the Board of Appeals may impose such additional
conditions and safeguards as public safety, welfare and convenience may require, either as
recommended by the Planning Board or upon its own initiative. Special permits issued
hereunder shall lapse if no building permit issues within two years of the date of the
special permit, unless the Board of Appeals upon application extends this time.
36.3 Application Requirements. The application to the Board of Appeals for a special
permit for subsidized housing under this Section shall be accompanied by the following plans
and supporting materials, copies of which shall also be submitted to the Planning Board.
36.31 Plan of the tract showing topography, soil culture, existing streets
and structures within and adjacent to the tract.
36.32 Where a subdivision of land is involved, a preliminary subdivision
plan, which may be combined with the plan required under the preceding paragraph.
36.33 Site development plans showing the proposed grading of the tract and
the proposed locations, dimensions, materials and types of construction of streets, drives,
parking areas, walks, paved areas, utilities, usable open space, planting, screening,
landscaping and other improvements and the locations and outlines of proposed buildings.
36.34 Preliminary architectural drawings for building plans including
typical floor plans, elevations and sections, identifying construction and exterior finishes.
36.35 Financing plan describing the federal or state subsidy program, the
subsidizing agency, the estimated costs of land, site development, building, operation and
maintenance and the planned approximate schedule of rents, leases or sale prices.
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36.36 A tabulation of proposed building by type, size (number of
bedrooms, floor area), ground coverage and a summary showing the percentages of the tract
to be occupied by buildings, parking and other paved vehicular areas, and the usable
open space.
36.37 Descriptive material providing information about the owner and
developer, the developer's experience in building and eligibility as public, non-profit
or limited dividend housing sponsor, evidence of preliminary approval under the subsidy
program, the names of architect, engineer and landscape architect, if any; and other
pertinent information.
36.4 Planning Board Report and Recommendations. The Planning Board shall submit in
writing to the Board of Appeals its report and recommendations as to the appropriateness
of the proposed development for subsidized housing, to include at least the following:
36.41 P. general description of the tract in question and surrounding areas .
36.42 An evaluation of the probable impact of the proposed development
on Town services and facilities.
36.43 The availability of permanent public open space in the immediate
vicinity.
36.44 The proximity of the proposed development to public transportation,
schools, recreation facilities, neighborhood shopping and service facilities.
36.45 Whether the site is sufficiently separated from other subsidized
housing and housing of equivalent rental value to achieve a desirable mix of income levels.
36.46 A determination from known or estimated land and site preparation
costs whether or not such costs might render the proposed subsidized housing development
uneconomic.
36.47 A review of the proposed development, including such aspects as the
type or style of buildings, the size of development (number of dwelling units) and density
per acre, the arrangement or layout design of buildings and site improvements, the location
and capacity of parking,the provisions for open space within the development, grading,
landscaping and screening, the provisions for access, egress, and traffic within the
development and on adjacent streets.
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36.48 Whether or not, in the opinion of the Planning Board, the site,
the proposed development layout, the proposed number, type and design of housing will
constitute a suitable development compatible with the surrounding area.
366.49 Recommendations for the granting or denial of the special
permit, including recommendations for modifications, .restrictions or requirements to be
imposed as a condition of granting the special penult.
36.5 Board of Appeals Action. The Board of Appeals shall not take any action on an
application for a special permit for RH district development until the Planning Board shall
have submitted its written recommendations to the Board of Appeals or forty-five days have
elapsed from the date of submission of the application. Where its decision differs from
the recommendations of the Planning Board, the Board of Appeals shall state in its decision
the reasons therefor.
36.6 Denial of Special Permit. The Board of Appeals may deny an application for
special permit hereunder and base its denial upon:
36.61 A failure to meet the standards established by sub-sections
36.2, 36.3 or 36.4 hereof.
36.62 A finding that the proposed development would not be
consistent with the general objectives of RH district development.
36.63 A finding that the proposed development is not likely to
result in a permanent increase in the Town's stock of subsidized housing.
36.7 Compliance with Other Rules and Regulations. Nothing contained herein shall in
any way exempt a proposed subdivision in an RH district from compliance with the rules and
regulations of the Planning Board, nor shall it in any way affect the right of the Board of
Health and of the Planning Board to approve, with or without modifications, or disapprove a
subdivision plan in accordance with the provisions of such rules and regulations and of the
subdivision control law.
36.8 Revisions. Subsequent to a special permit granted by the Board of Appeals under
the provisions of this Section and where applicable, the approval of a definitive sub-
division plan by the Planning Board, minor revisions may be made from time to time
-34-
in accordance with applicable laws, by-laws and regulations, but the development under
such special permit shall otherwise be in accordance with the submission accompanying the
developer's application for a special permit, except as modified by the decision of the
Board of Appeals.
36.9 Severability. No section or subsection of the special permit procedure
established herein shall be deemed severable from other sections or subsections of the
special permit procedure for the construction of subsidized housing. In the event that
any section or subsection of such procedure shall later be invalidated, whether by
judicial decree or otherwise, all other provisions contained herein relating to the
issuance of special permits for subsidized housing shall become inoperative, except that
special permits previously issued by the Board of Appeals hereunder shall remain valid.
-35-
ARTICU' 89. To see if the Town will vote to amend the Zoning By-Law by defining a
"nursery" and by permitting, subject to appropriate conditions and limitations imposed by
the Board of Appeals, the sale of certain supplementary items in conjunction with the
operation of a nursery, as follows:
(1) By inserting in Section 40 in the proper alphabetical position the following
new definition:
NURSERY: The business of propagating plants, including trees, shrubs, vines, seed, grass,
live flowers and other plants, and the storage and selling of such plants grown on the
premises.
(2) By adding in Section 24 anew subsection 24.5 reading as follows:
24.5 Where the Board of Appeals determines that the character of the neighborhood
would not be impaired, the storage and sale of some or all of the following supplementary
items in conjunction with the operation of a nursery may be permitted by Special Permit
under subsection 12.2; Plants grown elsewhere than on the premises, items intended to improve
or preserve the life and health of plants, including without limitation pesticides,
insecticides, peat moss, humus, mulches, fertilizers, and other chemicals, hand gardening
tools and hand gardening equipment, garden hose, watering and spraying devices, containers
for living plants, cut flowers, Christmas trees and wreaths, in season; indoors only,
birdseed, birdbaths, birdfeeders, birdhouses, and ornamental or decorative items intended
for use with plants.
The foregoing list may be expanded, in the discretion of the Board of Appeals, to include
other items related to plants, gardens or gardening, but shall not include power tools,
other power equipment, furniture or items generally associated with the business of a
hardware store rather than with the .conduct of a nursery. Provided: that a nursery
granted such a special permit shall conform to the dimensional controls in Section 27
as to lot area, frontage and yards and the maximum height of buildings for the district
in which located and to the following additional requirements:
Minimum lot area 2 acres; buildings (other than greenhouses) may cover no more than a
maximum of 20% of the lot area; greenhouses shall not be used for retail sales of items
other than plants; buildings (other than greenhouses) used for retail sales shall not
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exceed a maximum of 7,500 square feet; not less than 50% of the total land area of the
nursery shall be used for the propagation or cultivation of plants in the open or in
greenhouses; the Board of Appeals shall impose and may from time to tine review and revise
requirements for adequate off-street parking, screening, open space buffers, lighting,
outdoor storage and display, hours of operation and such other requirements as the Board
of Appeals may deem necessary to preserve the character of the neighboLhood.
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ARTICLE 90. To see if the Town will vote to amend the Zoning By-Law as follows:
A. By striking out the reference to and the text of footnotes e. and g. in
Section 27 - Schedule of Dimensional Controls, and that portion of the text
of footnote c. of said Section 27 beginning with the words "for uses permitted
on Special Permit", and by inserting a new footnote e. reading as follows:
e. Certain institutional uses allowed in RD, RS and RT districts only with
a Special Permit must comply with the requirements of subsection 26.7
of this By-Law.
B. By adding a new sebsection 26.7 reading as follows:
26.7 Any sanitarium, nursing home, convalescent home, rest home, or
home, or home for the aged with a design capacity or actual capacity of 15
beds or more must comply with all of the following requirements in addition
to any other conditions the Board of Appeals may impose:
Minimum lot area: 2 acres;
Maximum lot area: 8 acres;
Minimum street frontage: 200 feet;
Minimum front, rear and side yards: 50 feet, increased by 7 feet
for each acre or fraction thereof of lot area;
Maximum portion of lot covered by buildings: 10% of the lot area;
Maximum permitted capacity or occupancy: 15 beds per acre of lot area;
Minimum required parking: one parking space for each 3 beds capacity;
Other provisions: visual screening of a type prescribed by the Board of
Appeals shall be located along the side and rear boundaries separating
the lot from other land in residence districts;
C. By adding in subsection 32.1 entitled SCHEDULE OF REQUIRED PARKING AND LOADING
opposite the lines reading "Use permitted on Special Permit in RD, RS or RT
district (subsection 12.2)" in the column captioned REQUIRED PARKING following
the words "Reasonably sufficient" the words "or as required by subsection 26.7
for the uses described therein".
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D. By striking out in all columns of subsection 32.2 entitled SCHEDULE OF DIMENSIONAL
RESTRICTIONS FOR PARKING AND LOADING opposite the line reading "Uses allowed in
RO, RS or RT Districts on Special Permit (Subsection 12.2)" the designation "0%",
by inserting in place thereof the designation "d ', and by adding at the end of said
subsection 32.2 the following new footnote:
d. Parking shall not be located in the one-half of the required side or rear yard
adjacent to the lot boundaries for the institutional uses described in
subsection 26.7 of this By-Law.
ARTICT.F 91. To see if the Town will vote to amend the Zoning By-Law by adding at
the end of subsection 22.4 thereof the following new RM multi-family (garden apartment)
dwelling district:
22.46 A district between Winthrop Road and Vine Brook Road southwest of Waltham Street
containing 11 acres,more or less,and bounded and described as follows:
NORTHERLY by Vine Brook Road 21.4 feet;
EASTERLY by the northwesterly boundary of lot 16G Vine Brook Rd. as shown on Land Court
Plan 9649-J;
NORTHeasterly by the southwesterly boundary of said lot 16G;
SOUTHEASTERLY by the northwesterly boundary of lots 16J, 16K, 16L, 16M, 16N, as shown on
Land Court Plan 9469-M and of lots 52 and 54, as shown on the plan recorded in
Middlesex South Deeds in Book 6139-End;
SOUTHERLY by Winthrop Rd. 120 feet more or less;
NORTHWESTERLY by lot 226, as shown on the plan recorded in Middlesex South Deeds in Book
7028, Page 132, 46.9 feet more or less;
SOUTHWFSTERLY by said lot 226, by lot 225, by a proposed street and by lot 223, as shown
on said plan, 426 feet;
NORTHWFST'EHLY by the southeasterly boundary of lot marked. 11851 sq. ft. on the plan
recorded in Middlesex South Deeds, Book 6112, Page 232 and by lots 1, 2, 3, 4, 5, 6,
and part lot 7, as shown on the plan recorded in Middlesex South Deeds in Book 92 as
Plan 9, 706.4 feet more or less;
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SOUTHERLY by said part lot 7, 168.5 feet more or less;
Westerly by Waltham Street 39.8 feet'more or less;
NORTHERLY by lot B, as shown on the plan recorded in Middlesex South Deeds in Book 7543-End,
and by lots 17K, 171, 17G, 17E and 170, all as shown on Land Court Plan 9469N,
494.4 feet more or less; and
WESTERLY by lots 170 and 17B as shown on said Land Court Plan 9469-N 145.6 feet more or less.
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ARTICT,F 92. To see if the Town will ratify, confirm and adopt the action of the
Board of Selectmen in accepting on behalf of the Town a deed from Oak Park Corp.
conveying to the Town parcels A, B, C, D and E on plan entitled "'Oak Park' - Section
II Lexington, Mass.", dated February 28, 1969, revised June 27, 1969, by Joseph W.
Moore Co. Inc. , recorded in Middlesex South District Registry of Deeds, Book 11752,
Page 469, and a deed from Oak Park Corp. conveying to the Town parcel F on said plan;
or act in any other manner in relation thereto.
ARTICLE 93. To see if the Town will vote to authorize the Conservation Commission
to purchase or otherwise acquire and authorize the Selectmen to take by eminent domain,
upon the written request of the Conservation Commission, for conservation purposes as
provided by Section 8C of Chapter 40 of General Laws, any fee, easement, conservation
restriction as defined in Section 31 of Chapter 184 of General Laws, or other interest
in all or any part of the land owned now or formerly by the Oneida Corporation, known
as the "Drummer Boy land" and designated 94.71 acres on the ''Plan of Land in Lexington,
Mass.", dated April 20, 1962 by Joseph W. Moore, Inc.; appropriate money therefor and
deteriuine whether the money shall be provided by the current tax levy, by transfer from
available funds, by borrowing or by any combination of these methods; or act in any other
manner in relation thereto.
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ARTICLE 94. To see if the Town will vote to authorize the Conservation Commission
to purchase or otherwise acquire and authorize the Selectmen to take by eminent domain,
upon the written request of the Conservation Commission, for conservation purposes as
provided by Section 8C of Chapter 40 of General Laws, any fee, easement, conservation
restriction as defined in Section 31 of Chapter 184 of General Laws, or other interest
in all or any part of lots 61, 62 and 63 Ivan St., as shown on Land Court Plan 9475-B,
lot 112-E Ivan St. , as shown on Land Court Plan 9475-J, lots 113-A, 114-A, 115-A, 116-A,
117-A, 118-A, 119-A, 119-B, 120-A, 121-A, 122-A Eldred St., as shown on Land Court Plan
9475-I, lot 421 Justin St., as shown on Land Court Plan 9475-19, lots 396 and 397 Eldred
St., as shown on Land Court Plan 9475-14, lot M3 Justin St. and lots L4 and L5 Bernard St. ,
as shown on Land Court Plan 9475-K, and the unsubdivided portions of lots P and 0 Justin
St., as shown on Land Court Plan 9475-G; appropriate money therefor and determine whether
the money shall be provided by the current tax levy, by transfer from available funds, by
borrowing or by any combination of these methods; or act in any other manner in relation
thereto.
ARTICLE 95. To see if the Town will vote to authorize the Conservation Commission
to purchase or otherwise acquire and authorize the Selectmen to take by eminent domain,
upon the written request of the Conservation Commission, for conservation purposes as
provided by Section 8C of Chapter 40 of General Laws, any fee, easement, conservation
restriction as defined in Section 31 of Chapter 184 of General Laws, or other interest
in all or any part of lot 99-A, containing 23,600 square feet, and lot 108-C, containing
34,181± square feet, both as shown on Map 83, Property Map, Town of Lexington, by James W.
Sewall Company, as amended; appropriate money therefor and determine whether the money
shall be provided by the current tax levy, by transfer from available funds, by borrowing
or by any combination of these methods; or act in any other manner in relation thereto.
-42_
ARTICI.F 96. To see if the Town will vote to authorize the Conservation Commission
to purchase or otherwise acquire and authorize the Selectmen to take by eminent domain,
upon the written request of the Conservation Commission, for conservation purposes as
provided by Section 8C of Chapter 40 of General Laws, any fee, easement, conservation
restriction as defined in Section 31 of Chapter 184 of General Laws, or other interest
in all or any part of lot 2 as shown on Land Court Plan 31699-B; appropriate money
therefor and determine whether the money shall be provided by the current tax levy; by
transfer from available funds, by borrowing or by any combination of these methods; or
act in any other manner in relation thereto.
ARTICT.F 97. To see if the Town will vote to authorize the Conservation Commission
to purchase or otherwise acquire and authorize the Selectmen to take by eminent domain,
upon the written request of the Conservation Commission, for conservation purposes as
provided by Section 8C of Chapter 40 of General Laws, any fee, easement, conservation
restriction as defined in Section 31 of Chapter 184 of General Laws, or other interest in
all or any part of the lands bounded and described as follows:
A. The parcel marked 55.7± Acres as shown on the plan recorded in Middlesex South Deeds
in Book 11079, Page 82, entitled "Compiled Plan of Land in Lexington, Mass. , dated March 5,
1966, by J. W. Moore and owned now or formerly by the Trustees of the Waymint Realty Trust;
B. The parcel marked 58.6± Acres as shown on the plan recorded in Middlesex South Deeds
in Book 10022, Page 387, entitled "Compiled Plan of Land in Lexington, Mass.", dated April 2,
1962, by A. A. Miller and W. C. Nylander and owned now or formerly by Benjamin Franklin
Homes, Inc;
appropriate money therefor and determine whether the money shall be provided by the
current tax levy, by transfer from available funds, by borrowing or by any combination of
these methods; or act in any other manner in relation thereto.
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ARTICLE 98. To see if the Town will vote to appropriate a sum of money to be expended
under the supervision of the Planning Board for a preliminary study for the development
of the land located southeasterly of the Northern Circumferential Highway (Rte. 128),
southwesterly of the Boston and Maine Railroad, northwesterly of Garfield Street and
northeasterly of the Pine Meadows Golf Club, for housing for people of low or moderate
income, for recreation and play areas, for an elementary school or for other suitable
uses; the Planning Board to reporL the results of said study to a future town meeting
not later than the 1971 Annual Town Meeting; to determine whether the money shall be
provided by the current tax levy, by transfer from available funds, or by any combination
of these methods; and to authorize the Planning Board or the Selectmen on behalf of the
Town to apply for and receive any Federal or State grants or reimbursement for which
such study may be eligible; or act in any other manner in relation thereto.
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ARTICUF 99. To see if the Town will vote to authorize the Selectmen, with or without
consideration therefor or for such minimum amount as may be set in a vote adopted hereunder,
or upon such other terms and conditions as the Selectmen deem proper, to sell, convey or
lease to the Lexington Housing Authority for the construction of housing for the elderly,
or for such other housing as it may now or hereafter be authorized to construct, any or all
of the Town's interests in any or all of the parcel or parcels of land believed to contain
11 ac.c es, more or less, bounded and described as follows:
NORTHERLY by Vine Brook Road 21.4 feet;
EASTERLY by the northwesterly boundary of lot 16G Vine Brook Rd. as shown on Land Court
Plan 9649-J;
NORTHEASTERLY by the southwesterly boundary of said lot 16G;
SOUTHEASTERLY by the northwesterly boundary of lots 16J, 16K, 16L, 16M, 16N, as shown on
Land Court Plan 9469-M and of lots 52 and 54, as shown on the plan recorded in
Middlesex South Deeds in Book 6139-End;
SOUTHERLY by Winthrop Rd. 120 feet more or less;
NORTHWESTERLY by lot 226, as shown on the plan recorded in Middlesex South Deeds in
Book 7028, Page 132, 46.9 feet more or less;
SOUTHWESTERLY by said lot 226, by lot 225, by a proposed street and by lot 223, as shown
on said plan 426 feet;
NORTHWESTERLY by the southeasterly boundary of lot marked 11851 sq. ft. on the plan
recorded in Middlesex South Deeds, Book 6112, Page 232 and by lots 1, 2, 3, 4,
5, 6, and part lot 7, as shown on the plan recorded in Middlesex South Deeds
in Book 92 as Plan 9, 706.4 feet more or less;
SOUTHERLY by said part lot 7, 168.5 feet more or less;
WESTERLY by Waltham Street 39.8 feet more or less;
NORTHERLY by lot B, as shown on the plan recorded in Middlesex South Deeds in Book 7543-
End, and by lots 17K, 171, 17G, 17E and 17C, all as shown on Land Court Plan
9469N, 494.4 feet more or less; and
WESTERLY by lots 17C and l7B as shown on said Land Court Plan 9469N 145.6 feet more or
less;
or act in any other manner in relation thereto.
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ARTICLE 100. To see if the Town will authorize the Selectmen in the name and on
behalf of the Town to sell and convey upon such terms and conditions as they deem proper
all or any part of a certain parcel of land on Rockville Avenue that was acquired in
1963 from Oscar W. Carlson and Lillian M. Carlson, and is no longer needed by the Town,
and will set the minimum amount to be paid for such conveyance; or act in any other
manner in relation thereto.
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ARPICIF 101. To see if the Town will vote to amend the Zoning By-Law by adding at
the end of subsection 22.4 thereof the following new RM multi-family dwelling district:
A district situated on the Northeasterly side of Concord Avenue, between Waltham
Street and Blossom Street, containing about 7.9 acres, bounded and described as follows:
Commencing at a point in the Northeasterly line of Concord Avenue at land now or
formerly of Foster, at the end of a face wall and one hundred fifty-eight and 73/100 (158.73)
feet Southeasterly from the County Commissioner's stone bound;
Thence running North 30° 34' 30" East, one hundred thirty-two and 15/100 (132.15) feet
by said Foster land to a drill hole in the base of a set wall;
Thence turning and running North, 43° 48' West, along said land of Foster, seventy-nine
and 9/10 (79.9) feet to a drill hole;
Thence running North, 30° 6' West by said land of Foster, thirty-one and 9/10 (31.9)
feet to a drill hole at a corner;
Thence turning and running North, 37° 23' East, along land of said Foster, seventy-three
and 9/10 (73.9) feet to a point;
Thence running North 17° 23' East, by said land of Foster, seventeen and 2/10 (17.2)
feet to another point;
Thence running North, 43° 10' East along said land of Foster, three hundred ninety-six
and 8/10 (396.8) feet to a point in the stone wall;
Thence continuing by said land of Foster, North 42° 9' East, one hundred seventy-seven
and 3/10 (177.3) feet to a corner in a stone wall at land now or formerly of Bedell;
Thence turning and running South 50° 20' 30" East by said Bedell land, two hundred
ninety-eight and 95/100 (298.95) feet to a cross wall;
Thence running South 56° East, by said land of Bedell, two hundred sixty-four and 6/10
(264.6) feet to a corner;
Thence turning and running South, 40° 58' West by land now or formerly of Condon,
thirLy-three and 5/10 (33.5) feet to a cross wall;
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Thence'r ening South 58° 16' 20" West by said land formerly of Condon and by land now
or formerly of Fuller, five hundred ninety and 9/10 (590.9) feet to a point in said wall;
Thence running South, 57° 28' 30" West by land now or formerly of Staples, one hundred
five and 9/10 (105.9) feet to a point in said wall;
Thence running South 55° 38' West, by land of said Staples, ninety-nine (99) feet to
a bend in said wall;
Thence turning slightly and running South 36° 40' West, by said land of Staples five
and 8/10 (5.8) feet to Concord Avenue;
Thence turning and running North 61° 57' 30" West, by said Concord Avenue, one hundred
thirty-six and 10/100 (136.10) feet to a point in the Northeasterly line of said Concord
Avenue;
Thence running North 63° 30' West by said Concord Avenue, seventy-four and 50/100
(74.50) feet to the point of beginning.
(Inserted at the request-of ten or more registered voters.)
ARTICLE 102. To see if the Town will vote to amend the zoning by-law by adding at
the end of Subsection 22.4 thereof the following new RN-multi family dwelling district 22.46
a district on the southeasterly side of Maple Street beginning at .the most westerly corner
of the premises, a point on the M.D.C. trunk sewer easement thence S 23° -23'-47" E, 264.28
feet to an angle point and the center line of the 40 foot Monroe Brook Easement; thence
S 33°-42'-00E, 150.00 feet along the center line of said brook; thence S 42°-38'-15"E,
251.98 feet along the center line of said brook; thence S 70°-41'-08" E, 278.16 feet along
the center line of said brook; thence S 58°-54'-45" E, 158.82 feet along the centerline of
said brook to a point on the westerly side line of Bryant Road on a curve with a radius of
297.00 .feet; thence in a northeasterly direction along said curve and westerly sideline of
Bryant Road a length of arc 112.09 feet to a point of curvature; thence N 56°-40'-10" E,
217.45 feet to a point in said sideline; thence N 33°-19'-50" W, 21.72 feet to a point by
Lot 33; thence N 61°-32'-20" W, 159.75 feet to a point and by said Lot 33; thence N 45°-19'
50" E, 203.52 feet to a point and by Lot 33 to Lot 32; thence N 48°-09L20" W, 18.00 feet
to a point and by Lot 32; thence N 28°-30'-20" E, 212.73 feet to a point in the southerly
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sideline of Dickens Road on a curve of Radius 315.00 feet, said point and next course
delineate the end of Dickens Road; thence N 37°-07'-57" E, 50.16 feet across said Dickens
Road to the northerly sideline of Dickens Road on a curve of Radius 265.00 feet; thence
N 31°-40'-50" E, 239.38 feet to a point and by Lot 23 at Lot 24; thence N 49°-34'-40" W,
50.00 feet to a point and by Lot 24; thence N 6°-14'-00 W, 139.90 feet to a point and by
1
Lot 24 thence N 56°-04'-30" E, 450.06 to a point and by Lots 24,25, and 26 to Lot corner of
Lots 15 and 16; thence N 33°-02'-10" W, 215.00 feet to the southerly sideline of Sanderson
Road; thence N 56°-57'-50" E, 23.00 feet along aforesaid sideline to a point of curvature
and by Lot 16; thence N 31°-05'-04" E, 86.61 feet to a point in the northerly sideline of
aforesaid Sanderson Road and on a curve of Radius 255.00 feet, this course running diagonally
across Sanderson Road to Lot 7; thence N 10°-48'-20" W, 231.36 feet to a point and by Lot 7
to the rear lot line of Lot 3, said Lot 3 fronts on Maple Street; thence S 67°-38'-10" W,
40.00 feet to a point and by Lot 3 to Lot 4; thence S 56°-18'-00" W, 804.00 feet to a point
in the easterly sideline of aforementioned Dickens Road, and by Lots 4, 5, 6, 7, 8, 9, 10
and 11; thence N 33°-42'-00" W, 125.00 feet on said sideline and by Lot 11 to the southerly
sideline of Maple Street; thence S 56°-18'-00" W, 124.87 feet along said sideline of Maple
Street to the centerline of Fessenden Brook and land now or formerly of Westberg; thence
S 2°-06'-39" E, 48.54 feet to a point in the centerline of said brook and land of Westberg;
thence S 1°-23'-00'E, 40.28 feet as aforementioned; thence S 3°-44'-40" W, 62.55 feet to
a point; thence S 56°-18'-00" W, 167.52 feet to a point by land of Westberg and Murphy to
land of Smith; thence S 33°-42'-00" E, 75.00 feet to a point and by land of Smith; thence
S 56°-18'-00" W, 602.00 feet by land of Smith, Hyde, Dolham, Giurleo and Welch to the
point of beginning.
(Inserted at the request of ten or more registered voters.)
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ARTICLE 103. To see if the Town will vote to amend the Zoning By-Law by adding to
Section 22 thereof entitled Geographical Description of Residence District, a new
subsection 22.5, reading as follows:
22.5 RH-Planned Housing and Dwelling Districts:
22.51 A district at the westerly side of Marrett Road and the northerly side of
Middle Street and northwesterly of their junction, containing fourteen (14) acres, more or
less, and being shown upon plans of land entitled Compiled Plan of Land in Lexington, Mass.,
by Albert A. Miller and Wilbur C. Nylander, dated December 2, 1968 (addition March 12, 1969),
hereinafter called Plan No. 1, recorded in Middlesex South Deeds, Book 11679, page 640, and
Plan of Land in Lexington, Mass. , by said Miller and Nylander, dated September 9, 1969, and
recorded in Middlesex South Deeds, Book 11749, page 729, hereinafter called Plan No. 2,
bounded and described as follows:
Beginning at a point two hundred (200) feet from the northerly side of Middle Street
at land of Thomas A. and Catherine A. Napoli, and running Southeasterly one hundred twenty-
nine and 83/100 (129.83) feet by the northeasterly line of Lot marked "James L. and
Bonnie Jones", as shown on Plan No. 2; thence Southwesterly by said Lot of Jones, forty (40)
feet; thence Southeasterly as shown on said Plan No. 2, one hundred twenty-five (125) feet
to Lot of Panetta on said Plan No. 2; thence Northeasterly by said lot of Panetta, forty (40)
feet; thence Southeasterly by said Lot of Panetta one hundred and twenty-five (125) feet;
thence Southeasterly by Parcel A as shown on said Plan No. 2, twenty-five (25) feet; thence
Southwesterly by said Parcel A, seventy (70) feet to the northeasterly boundary of a lot
Marked "2, 16,250 sq. ft." as shown on said Plan No. 2; thence Southeasterly by said lot of
16,250 feet a distance of one hundred twenty-five (125) feet to the northeasterly corner of
said lot; thence Southwesterly by said Lot of 16,250 square feet, one hundred thirty (130)
feet to Middle Street; thence Southeasterly on said Middle Street seven hundred thirteen (713)
feet, more or less; thence Northeasterly by a rounded corner seventy-two (72) feet, more or
less, to Marrett Road (formerly School Street); thence running Northerly on said Marrett Road,
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one thousand and seventy-five (1,075) feet, more or less to land now or formerly of
John B. Heaney; thence turning and running Westerly by said land now or formerly of
Heaney, three hundred and thirty (330) feet± to land now or formerly of James W. and
Gail Began; thence running Southwesterly by said land now or formerly of Degan and by
land now or formerly of Reynold C. and Claire Y. Boselli, two hundred and ninety (290)
feet, more or less; thence running Northwesterly by said land now or formerly of Boselli,
one hundred (100) feet, more or less, to land now or formerly of Thomas A. and Catherine A.
Napoli, thence running Southwesterly by said land now or formerly of Napoli, two hundred
and ninety-six (296) feet, more or less, to point of beginning.
(Inserted at the request of ten or more registered voters.)
ARTICLE 104. To see if the Town will vote to amend the Zoning By-Law by adding at the
end of Sub-Section 23.1 thereof the following new C-R office and research park district:
A District on the Town of Lexington and City of Waltham boundary, on the Westerly side
of the Northern Circumferential Highway (Route 128) on the Southwesterly side of the Route
128-Route 2 Interchange, so called, bounded and described as follows:
Beginning at the Southeast corner of the within described premises; running Northerly
by the easterly sideline of Tracer Lane and Westerly sideline of Northern Circumferential
Highway, (Route 128) 140 feet, more or less, to a point, thence
Northerly by the Westerly sideline of the Northern Circumferential Highway (Route 128),
1415.55 feet; thence
Northwesterly by the sideline of said highway 83 feet, more or less, to the Hobbs Brook Basin
of the Cambridge Water Works; thence
Southerly by said Hobbs Brook Basin 950 feet, more or less; thence
Westerly by said Hobbs Brook Basin 288.52 feet; thence
__ Northwesterly by said Hobbs Brook Basin 778.43 feet; thence
Westerly by said Hobbs Brook Basin 910.0 feet; thence
Southerly by said Hobbs Brook Basin 320.0 feet; thence
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Easterly 1,050 feet, more or less, to the Waltham-Lexington town line; thence
Easterly by said town line 1,360 feet, more or less, to the easterly sideline of a
right-of-way known as Tracer Lane, being also, the Westerly sideline of the Northern
Circumferential Highway (Route 128) being the point of beginning.
Containing 30± A. of land more or less.
(Inserted at the request of ten or more registered voters)
ARTICTF 105. To see if the Town will vote to amend the Zoning By-Law by the addition
of a provision as follows:
22.46 From the northerly corner of Hayden Avenue and Waltham Street, thence in a
generally northerly direction along the westerly side of Waltham Street a distance of three
thousand feet (3000' ) more or less to a right of way for a sewage line of the Town of
Lexington, thence in generally westerly direction along said right of way for a distance of
three hundred seventy five feet (375' ), thence in a generally south-westerly direction to a
point on the boundary between land now or formerly of the Valleyfield Trust and Bonnys, which
point is one hundred feet (100') south-east of the western-most point of said Bonnys land,
thence along the boundary between land now or formerly of the Valleyfield Trust and Bonnys
a distance of four hundred twenty feet (420') more or less to a point at the junction of
land now or formerly of Valleyfield Trust, Bonnys and the Town of Lexington, thence in a
generally southerly direction along the boundary of land now or formerly of the Town of
Lexington a distance of eleven hundred thirty three feet (1133') more or less to a point
at the most westerly junction between land now or formerly of the Town of Lexington and
land now or formerly of the Carroll Brothers, thence in a generally south-easterly direction
along the most south-easterly boundary of said land now or formerly of the Carroll Brothers
a distance of eight hundred thirty feet (830'), thence in a straight line in a generally
southerly direction to Hayden Avenue, thence in a straight line to the starting point at
the corner of Hayden Avenue and Waltham Street.
(Inserted at the request of ten or more registered voters)
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ARI'ICTF 106. To see if the Town will vote to amend the General By-Laws of the Town
by adding a new Article XXX, to read substantially as follows:
ARTICLE XXX
Burning of Leaves and Rubbish
Section 1. The open burning of leaves, rubbish or debris of any kind, is prohibited
in the Town without a written peniat from the Board of Selectmen or the Fire Department.
Permits shall be issued only when the proposed burning will not constitute a hazard to
the public health, and will not violate the rules and regulations of the Metropolitan
Air Pollution Control District.
(Inserted at the request of ten or more registered voters.)
ARPICLE 107. To see if the Town will vote to amend the Zoning By-Law of the Town by
adding a new Section in the proper numerical sequence to read substantially as follows:
Section : The Board of Appeals may grant a special permit for development within
any tract of land designated as a Wetland Conservancy District, subject to the
requirements and conditions described below.
.1 The general objectives of creating a Wetland Conservancy District are
to protect the public health and safety, persons and property against the hazards of
groundwater inundation; to preserve and maintain the groundwater table; for the
protection of the community against the costs which may be incurred when unsuitable
development occurs in swamps, marshes, along water courses, or in areas subject to a
high ground water table; to preserve and increase the amenities of the Town;
and to conserve natural conditions, wildlife and open spaces for the education,
recreation and general welfare of the public.
.2 In a Wetland Conservancy District the following are permitted uses:
.21 Conservation of water, plants or wildlife;
.22 Recreation, including play areas, nature study, golf, boating,
fishing, and hunting where otherwise legally permitted;
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.23 Grazing and farming, including truck gardening and harvesting
of crops, and drainage, irrigation, and dams incidental thereto;
.24 Forestry;
.25 Telephone, telegraph, power and gas transmission, municipal water
and sewer lines.
.3 In the Wetland Conservancy District the Board of Appeals may issue a special
permit for any of the following uses:
.31 The erection of structures, provided they otherwise conform with
the provisions of this By-Law;
.32 The changing of the grade or contour of the land by one or more
feet. •
.33 Changes in water courses, or drainage works provided such changes
are in accordance with a plan prepared or authorized by an appropriate public agency;
.34 The temporary storage of materials or equipment; The erection of
barns, stables, and the like for the shelter, breeding or boarding of animals and the
storage of crops raised on the premises.
.4 The application for a special permit in a Wetland Conservancy District
shall be accompanied by a preliminary plan showing the land contours at two-foot
intervals, related to elevation above mean sea level (msl) indicating the bench marks
used and certified by a registered land surveyor, and the location and elevation of
proposed structures and grading. Copies of the plans shall also be submitted to the
Planning Board, to the Board of Health, and to the Conservation Commission.
.5 The Board of Appeals shall not take any action on a petition for a permit
for development within a Wetland Conservancy District until the Planning Board, the
Board of Health, and the Conservation Commission shall have submitted their written
recommendations to the Board of Appeals, or, 45 days shall have elapsed from the date
of submission of the preliminary plan and application for a special permit.
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.6 The Planning Board, the Board of Health, and the Conservation
Commission shall submit in writing to the Board of Appeals their reports and
recommendations as to said application for special permit, to include at least the
following:
.61 A general description of the tract in question and
surrounding area.
.62 An evaluation of the appropriateness of the proposed
development and the extent to which it accomplishes the objective of a Wetland
Conservancy District.
.63 Their determination as to the number of lots usable
for building.
.64 Recommendations for the granting or denial of the special
permit, including recommendations for modifications, restrictions or requirements to be
imposed as a condition of granting a special permit.
.7 In determining whether to grant a special permit for development
within a Wetland Conservancy District the Board of Appeals shall consider:
▪71 The reports and recommendations of the Planning Board,
Board of Health, Conservation Conmiission.
.72 The general objectives of a Wetland Conservancy District.
.73 The existing and probable future development of
surrounding area.
.74 The appropriateness of the proposed development of the
Wetland Conservancy District in relation with topography, soils and other
characteristics of the tract in question.
..75 Whether the construction, fill or use of the tract will
not endanger the health or safety of the occupants thereof or of other lands in or
adjacent to the Wetland Conservancy District and whether it will interfere with
drainage.
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.8 Where the Board of Appeals' decision differs from the recommendations
of the Planning Board, Board of Health, or Conservation Commission, the Board of
Appeals shall state in its decision the reasons therefore.
.9 Nothing contained herein shall in any way exempt a proposed subdivision
from compliance with the Rules and Regulations of the Planning Board.
.10 Any use of premises which require the issuance of a special permit by or
approval by the Board of Appeals or the issuance of a permit by the Building Inspector
shall be deemed a permitted use under this section to the extent of such approval or
permit, if, prior to the date this section is adopted by vote of the Town rveeting,
such approval was given or such permit was issued.
.11 Where a district boundary shall include a numerical figure followed
by the letters, nsl, the boundaries shall be established along a contour line which
is that number of feet above "mean sea level". The basic source for determining such
a line shall be the U. S. Geological Survey as interpreted by the Planning Board on
subsequent field surveys by registered land surveyors.
.12 The areas constituted a Wetland Conservancy District are described
within geographical boundaries and as below a specified mean sea level (mnl). This
implies that a Wetland Conservancy District may be superimmosed on existing zones
and that not all land within the geographical boundary may be within the Wetland
Conservancy District.
.13 All or any part of a district on the northeasterly side of Bedford
Street bounded by Grove Street on the northeast, the Northern Circumferential
Highway (Route 128) on the southeast, Bedford Street on the southwest and Winter
Street on the northwest, at or below 130.0 msl, shall be in a Wetland Conservancy
District.
(Inserted at request of ten or more registered voters.)
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ARTICLE 108. To see if the Town will authorize the Hoard of Selectmen to enter into
an agreement with the owner of the property known as 11 Mountain Road, Lexington, for the
sale or lease by' the Town of that part of the property acquired by the Town which lies
outside the natural boundaries of the ten-acre meadow and which is naturally part of the
environment of the residence at 11 Mountain Road and which has been traditionally
associated with the private residence.
(Inserted at request of ten or more registered voters. )
ARTICLF 109. To see if the Town will vote to amend the General By-Laws by adding
a new Article, numbered xxx, to read substantially as follows:
Section 1. The Town shall have a Permanent Building Committee consisting of five
voters of the Town appointed a term of three years each, the terms of no more than two of
Which shall expire in any one year. No member of the committee shall be a town officer or
town employee.
On or before the first day of May in each year the Town Manager shall appoint to the
committee one or two members (as the case may be) to serve until April 30 in the third
year thereafter and until his successor is appointed and qualified. Any vacancy in the
committee shall be filled by appointment by the Manager and the member so appointed shall
serve for the unexpired term of his predecessor. If any regular member of the committee
ceases to be a resident of the Town, or accepts any position that would have made him
ineligible for appointment to the committee, he shall forthwith cease to be a member of
the committee. The committee shall choose its own officers.
The board or committee for which a structure, facility, or building is being planned
or constructed shall appoint two non-voting representatives to the committee who shall be
entitled to participate in the activities of the committee only with respect to the
particular project for which they are so appointed and only for the time during which the
committee is exercising its function with respect to such project.
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Section 2. When authorized by the Town, the Permanent Building Committee shall
have general supervision over the design and construction of public structures,
facilities and buildings including the authority to employ professional assistants,
to obtain bids, and to enter into contracts on behalf of the Town for preparation of
plans and specifications and for the construction, alteration or renovation, including
equipping and furnishing, of buildings and other structures and facilities. The committee
may make recoimiendations and reports to the Town from time to time and shall make an
annual report of its activities and recommendations to be published in the Annual Town
Report.
(Inserted at request of ten or more registered voters.)
ARTICLE 110. To see if the Town will vote to appropriate a sum of money from
available funds toward the reduction of the 1970 tax rate or act in any other manner
in relation thereto.
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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 hands at Lexington this ninth day of February, A.D., 1970.
cat— atird-`44
Robert Cataldo
Selectmen
ET- /7/7/71.2-de-e---- of
I. H. Mabee
Lexington
/4-64„1,,,6
Roland B. Greeley
CONSTABLE'S RETURN
. � « , 1970
To the Town Clerk
I have served the foregoing warrant by posting a printed copy
thereof in the Town Office Building and in a public place in each
of the precincts of the Town and also by sending by mail, postage
prepaid, a printed copy of such warrant addressed to every regis-
tered voter of the Town at his last residence, as appears from the
records of the Board of Registrars /! days before the time of
said meeting.
Constable of Lexington
Attest: