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HomeMy WebLinkAbout1971-01-11-STM-Warrant TOWN WARRANT Conmionwealch c .JN q -Masssachussachu etts 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 Cary Memorial Hall, in said Town, on Monday, the eleventh day of January, 1971, at 8:00. P.M.1; then and there to act on the following articles: ARTICLE 1. To receive the reports of any board of Town Officers or of any committee of the Town. ARTICLE 2. To see if the Town will authorize the Permanent Building Committee, appointed ur.der the authority of the vote adopted under Article 73 of the Warrant for the 1967 Annual Town Meeting, to enter into a contract or contracts for the construction and original egripping 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, including any unexpended balances in current appropriations, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 3. To see if the Town will authorize the Selectmen on behalf of the Town to purchase, take by eminent domain or otherwise acquire for school, playground, street and other public purposes all or any part of a parcel of land extending northerly from the northerly terminus of that portion of Stedman Road that was accepted as a public way on September 28, 1931, said land being shown on a plan entitled "Plan Showing Proposed Taking of a Portion of Stedman Road Land in Lexington, Mass.", dated December 2, 1970, Albert A. Miller - Wilbur C. Nylander, Civil Engineers and Surveyors; 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. 2. ARTICTF 4. To see if the Town will appropriate an additional sum of money to be used in conjunction with the money appropriated under Article 74 of the Warrant for the 1968 Annual Town Meeting for the installation of a sewer main or mains in such locations as the Selectmen may determine from the vicinity of Hamilton Road to the Metropolitan District Commission sewer line in Lexington, for the enlargement, alteration, replacement or reconstruction of the North Lexington pumping station and the equipment therein, and the acquisition of land or interests therein necessary therefor, 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 5. To see if the Town will vote to amend the General By-Laws of the Town of Lexington by striking Section 4. of ARTICLE Mend inserting in place thereof a new Section 4. to read substantially as follows: Section 4. No person shall fire or discharge any rifle, shotgun, air-rifle or pistol on or across any land within the confines of the Town, but this section shall not prevent the use of such firearms in the lawful defense and protection of one's person or other human being or property, nor shall it apply to veterinarians in the practice of their profession nor in the performance of any duty required or authorized by law, nor to members of the Police Department in carrying out their duties and for target practice upon ranges duly approved by the Chief of Police. ARTICLE 6. To see if the Torn will appropriate a sum of money for Account No. 4100 Fire Department - Personal Services to be expended, in conjunction with and in addition to amounts authorized under Chapter 44, Section 13, of the General Laws, for firemen's salaries prior to the time of making the 1971 annual appropriation therefor, and determine whether the money shall be provided by the current tax levy, by transfer fmmn available funds, or by any combination of these methods; or act in any other manner in relation thereto. 3. ARTICLE 7. To see if the Town will vote to amend the General By-Laws of the Town of Lexington by striking Section 2. of ARTICLE III and inserting in place thereof a new Section 2. to read substantially as follows: Section 2. The warrant for a town meeting shall be served 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, not less than seven days before the time stated in the warrant for holding such meeting, a printed copy of such warrant addressed to each dwelling house and to each dwelling unit in multiple dwelling houses, apartment buildings or other buildings in the Town. ARTICLE 8. To see if the Town will vote to amend the Zoning By-Law as follows: A. By deleting the text of subsections 22.3, 22.4, 23.1, 23.2, 23.3, 23.4, 23.6, 23.7 and 23.9 and by deleting the narrative descriptions of the zoning districts in paragraphs 22.31, 22.32, 22.33, 22.41, 22.42, 22.43, 22.44, 22.45, 22.46, 23.11, 23.12, 23.13, 23.14, 23.15, 23.16, 23.17, 23.18, 23.19, 23.21, 23.22, 23.31, 23.32, 23.41, 23.42, 23.61, 23.62, 23.63, 23.64, 23.65, 23.66, 23.67, 23.68, 23.71, 23.72, 23.73, 23.74, 23.75, 23.76, 23.77, 23.78, 23.79, 23.80, 23.81, 23.82, 23.83, 23.84, 23.85, 23.86, 23.91, 23.92, 23.93, 23.94, 23.95, 23.96, 23.97, by inserting in place thereof the new text as set forth below for each of said subsections and paragraphs and by adopting and incorporating as a part of the Zoning Map the Zoning District Maps designatted in said paragraphs set forth below and on file in the office of the Town Clerk, said subsections and paragraphs to read as follows: 22.3 RT - two family dwelling districts are as follows: 22.31 A district on the southwesterly side of Massachusetts Avenue as shown on Zoning District Map entitled "RT TWO FAMILY DWELLING DISTRICTS Hi-1.", designated thereon 22.31. 22.32 A district on the southwesterly side of Massachusetts Avenue as shown on the Zoning District Map entitled "RT TWO FAMILY DWELLING DISTRICTS RT-1.", designated thereon 22.32. r • 4. 22.33 A district between the northeasterly line of Massachusetts Avenue and the railroad right-of-way as shown on the Zoning District Map entitled "RT TWO FAMILY DW)FLrING DISTRICTS RT-l.", designated thereon 22.33. 22.4 RM - multi-family dwelling districts are as follows: 22.41 A district at the southeasterly corner of Massachusetts Avenue and Woburn Street as shown on the Zoning District Map entitled "RM GARDEN APARTMENT DISTRICTS RM-1.", designated thereon 22.41. 22.42 A district on the southerly corner of Waltham Street and Worthen Road as shown on the Zoning District Map entitled "RM GARDEN APARTMENT DISTRICTS designated thereon 22.42. 22.43 A district' on the southeasterly side of Maple Street at Emerson Road as shown on the Zoning District Map entitled "RM GARDEN APARTMENT DISTRICTS RM-1.", designated thereon 22.43. 22.44 A district on the southerly side of Worthen Road between Massachusetts Avenue and Bedford Street as shown on the Zoning District Map entitled "RM GARDEN APARTMENT DISTRICTS RM-3.", designated thereon 22.44. 22.45 A district on the southwesterly side of Shirley Street as shown on the Zoning District Map entitled "RM GARDEN APARTMENT DISTRICTS RM-3.", -designated thereon 22.45. 22.46 A district off Winthrop Road southeasterly of Waltham Street as shown on the Zoning District Map entitled"RM GARDEN APARTMENT DISTRICTS RM-4.", designated thereon 22.46. 23.1 CR - office and research park districts are as follows: 23.11 A district on the northeasterly side of the Cambridge-Concord Highway (Route 2) on both sides of Spring Street as shown on the Zoning District Map entitl ed "CR OH"iCE AND RESEARCH PARK DISTRICTS CR-1.", designated thereon 23.11. 23.12 -A district on the westerly side of Wood Street as shown on the Zoning Map entitled "CR OFT10E AND RESEARCH PARK DISTRICTS CR-2.", designated thereon 23.12. 1 5. 23.13 A district at the southwesterly side of Marrett Road west of the Northern Circumferential Highway (Route 128) as shown on the Zoning District Map entitled "CR O1+'k'iCE AND RESEARCH PARK DISTRICTS CR-3.", designated thereon 23.13. 23.14 A district on the southeasterly side of the Route. 128 - Route 2 Interchange, so called, as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-4.", designated thereon 23.14. 23.15 A district on the northerly side of Hayden Avenue as shown on the Zoning District Map entitled "CR ON'r'iCE AND RESEARCH PARK DISTRICTS CR-5.", designated thereon 23.15. 23.16 A district on the northerly side of Hayden Avenue as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-5.", designated thereon 23.16. 23.17 A district on the northerly side of Hayden Avenue as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-5.", designated thereon 23.17. 23.18 A district on the northerly side of Hayden Avenue as shown on the Zoning District Map entitled "CR OFFICE AND RESEARCH PARK DISTRICTS CR-5. ", designated thereon 23.18. the 23.19 A district on the southwesterly side of/Route 128 - Route 2 Interchange, so called, as shown on the Zoning District Map entitled "CR On"iCE AND RESEARCH PARK DISTRICTS CR-6.", designated thereon 23.19. 23.2 CH - hotel; office and research park districts are as follows: 23.21 A district on the southwesterly side of Bedford Street between Route 128 and Hartwell Avenue as shown on the Zoning District Map entitled "CH H099-13 , OFFICE AND RESEARCH PARK DISTRICT CH-1.", designated thereon 23.21. 23.22 A district on the westerly side of the Northern Circumferential Highway (Route 128) and the northeasterly side of Marrett Road as shown on the Zoning District Map entitled "CH HOTEL, Orr'iCE AND RESEARCH PARK DISTRICT CH-2.", designated thereon 23.22 6. 23.3 CM - manufacturing and research park districts are as follows: 23.31 A district between the northwesterly side of the Northern Circumferential Highway and Hartwell Avenue as shown on the Zoning District Map entitled "CM MANUFACTURING AND RESEARCH PARK DISTRICT CM-1.", designated thereon 23.31. 23.32 A district northwesterly of Hartwell Avenue as shown on the Zoning District Map entitled "CM MANUFACTURING AND RESEARCH PARK DISTRICT CM-1.", designated thereon 23.32. 23.4 CO - office districts are as follows: 23.41 A district on the easterly side of Waltham Street as shown on the Zoning District Map entitled "CO OFFICE DISTRICTS CO-1.", designated thereon23.41. 23.42 A district on the northwesterly side of Worthen Road as shown on the Zoning District Map entitled "CO OFFICE DISTRICTS C0-1.", designated thereon 23.42. 23.6 CN - neighborhood business districts are as folioo : 23.61 A district on the easterly side of Bedford Street between North Hancock Street and Harding Road as shown on the Zoning District Map entitled "CN NEIGHBOR- HOOD BUSINESS DISTRICT CN-1.", designated thereon 23.61. 23.62 A district on the northerly side of Marrett Road as shown on the Zoning District Map entitled "CN NEIGHEORHOOD BUSINESS DISTRICT CN-1.", designated thereon 23.62. 23.63 A district atithe northeasterly corner of Lincoln and School streets as shown on the Zoning District Map entitled "CN NEIGHBORHOOD BUSINESS DISTRICTS CN-2.", designated thereon 23.63. 7. 23.64 A district at the southwesterly corner of Waltham Street and Concord Avenue as shown on the Zoning District Map entitled "CN NEIGHBORHOOD BUSINESS DISTRICTS CN-3.", designated thereon 23.64. 23.65 A district at the southeasterly corner of Waltham Street and Concord Avenue as shown on the Zoning District Map entitled "CN NEIGHBORHOOD BUSINESS DISTRICTS CN-3.", designated thereon 23.65. 23.66 A district on the westerly side of Bedford Street as shown on the Zoning District Map entitled "CN NEIGHBORHOOD BUSINESS DISTRICTS CN-4.", designated thereon 23.66. 23.67 A district on the northeasterly side of Bedford Street north of the Boston and Maine Railroad as shown on the Zoning District Map entitled "CN NEIGHBOR- HOOD BUSINESS DISTRICTS CN-2.", designated thereon 23.67. 23.68 A district at the northwesterly corner of Waltham Street and Concord Avenue as shown on the Zoning District Map entitled "CN NEIGHBORHOOD BUSINESS DISTRICTS CN-3.", designated thereon 23.68. 23.7 CG - general business districts are as follows: 23.71 A district on the southwesterly side of Massachusetts Avenue northwesterly of the Arlington line as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-l.", designated thereon 23.71. 23.72 A district on the easterly side of Massachusetts Avenue and the southerly line of Curve Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-l. ", designated thereon 23.72. 23:73 A district at the southwesterly corner of Massachusetts Avenue and Independence Avenue as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-1.", designated thereon 23.73. 23.74 A district on the northeasterly side of Bedford Street southwest of the Boston and Maine Railroad as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-2.", designated thereon 23.74. 8. 23.75 A district on the southwesterly side of Bedford Street between the railroad right of way and the North Lexington Brook as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-3•", designated thereon 23.75. 23.76- A district at the northeasterly corner of Marrett Road and Waltham Street as shown on the Zoning District Map entitled "CO GENERAL BUSINESS DISTRICT CG-4.", designated thereon 23.76. 23.77 A district at the southeasterly corner of Marrett Road and Waltham Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-4.", designated thereon 23.77. 23.78 A district at the southwesterly corner of Marrett Road. and Waltham Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-4.", designated thereon 23.78. 23.79 A district at the westerly corner of Marrett Road and Spring Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-5.", designated thereon 23.79. 23.80 A district at the southeasterly corner of Lincoln Street and Marrett Road as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-6.", designated thereon 23.80. 23.81 A district at the northeasterly corner of Fletcher Avenue and Woburn Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-9.", designated thereon 23.81. 23.82 A district at the junction of Lowell Street and North Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-7.", designated thereon 23.82. 23.83 A district at the southwesterly corner of Lincoln Street and Marrett Road as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT 00-6.", designated thereon 23.83. 23.84 Districts at the junction of Woburn and Lowell streets as shown on the Zoning District Map entitled "CG GENERAL GUSINESS DISTRICT CG-8.", designated thereon 23.84. 9. 23.85 A district at the northwesterly corner of Marrett Road and Waltham Street as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-4.", designated thereon 23.85. 23.86 A district on the easterly side of Waltham Street at Waltham line as shown on the Zoning District Map entitled "CG GENERAL BUSINESS DISTRICT CG-9.", designated thereon 23.86. 23.9 CB - central business districts are as follows: 23.91 A district on the northwesterly side of Massachusetts Avenue northwest of the Arlington line as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-l.", designated thereon 23.91. 23.92 A district on the southwesterly side of Massachusetts Avenue between Waltham and Muzzey streets as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-2.", designated thereon 23.92. 23.93 A district on the southwesterly side of Massachusetts Avenue northwest of Muzzey Street as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-2.", designated thereon 23.93. 23.94 A district on the northeasterly side of Massachusetts Avenue between Grant and Meriam streets as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-2.", designated thereon 23.94. 23.95 A district on the southwesterly side of Bedford Street as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-3.", designated thereon 23.95. 23.96 A district between the northeasterly side of Bedford Street and the Boston and Maine Railroad as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT CB-3.", designated thereon 23.96. 23:97 A district on the southwesterly side of Massachusetts Avenue southeast of Waltham Street as shown on the Zoning District Map entitled "CB CENTRAL BUSINESS DISTRICT: CB-2.", designated thereon 23.97. 10. B. By deleting the text of SECTION 10 thereof and inserting in place thereof a new SECTION 10 to read as follows: SECTION 10. For the purposes set forth in General Laws, Chapter 40A, Sections 1 to 22 inclusive, and all acts in amendment thereof and in addition thereto, and under the authority thereof and of General Laws, Chapter 143, and any other enabling laws, the inspection, materials, construction, alteration, repair, height, number of stories, area, size, location and the use of buildings and structures, the size of lots, yards, courts and other open spaces, and the use of land in the Town of Lexington are hereby regulated as herein provided, and the Town is divided into districts, as hereinafter defined or referred to and shown on the Zoning District Maps and on the Zoning Map of the Town of Lexington prepared by the Planning Board and on file in the office of the Town Clerk, which Zoning District Maps and Zoning Map are hereby made a part of this By-Law. Said Zoning District Maps and Zoning Map may be revised frau time to time by the Planning Board to show the location and boundaries of zoning districts, as voted or amended by the Town, and by addition, deletion or modification of geographical features to keep the maps reasonably current and to facilitate orientation. C. By deleting the text of subsection 14.3 and inserting in place thereof a new subsection 14.3 to read as follows: 14.3 Any deletion, addition or change in the location or boundaries of a zoning district made through the amendment of this By-Law shall be indicated by the alteration of the aforesaid Zoning District Maps and Zoning Map, and the maps thus altered are declared to be a part of this By-Law thus amended. A vote of the Town adding a zoning district or changing or redefining the boundaries thereof made in the form of a verbal description shall be incorporated in this By-Law in graphic form by addition to or alteration of the Zoning District Maps and the Zoning Map, but any delay or error in altering or preparing the Zoning District Maps and the Zoning Map, or a failure to alter or prepare said maps, shall not 11. postpone or otherwise affect the effectiveness of any amendment. D. By deleting the text of Section 21 and inserting in place thereof a new Section 21 to read as follows: SECTION 21. In the event of any discrepancy between the boundaries of the districts as shown on the Zoning Map, including the Zoning District Maps, or as hereinafter described, and the description in the vote of the town meeting establishing or amending said boundaries, the vote of the town meeting shall govern. ARTICTF 9. To see if the Town will vote to accept a gift in the amount of $300.00 under the will of Georgie Burr Smith for the perpetual care and maintenance of the Hendley, Burr and Dunning cemetery lot in the Munroe Cemetery in Lexington. ARTICLE 10. To see if the Town will vote to accept a gift in the amount of $1500.00 under the will of Katharine Harrington to establish a seedling Town Forest, subject to the wish of the donor that, if practical, it is to,be planted and maintained by Junior or Senior High School students. ARTICLE 11. To see if the Town will vote to amend the Zoning By-Law by adding to the enumeration of uses in paragraph 25.24 of Section 25 thereof in the column entitled "Use Designation" the following: "indoor or outdoor tennis clubs." (Inserted at the request of 100 or more registered voters ) ARTICLE 12. To see if the Town will vote to amend the zoning by-law by adding at the end of Section 22 thereof entitled "Geographical descriptions of residence districts, a new subsection 22.5 reading as follows: 22.5 Fill-Planned Housing and Dwelling Districts 22.51 A district at the Eastern terminus of Clematis Road, five hundred and fifty (550) feet Easterly of the junction of said Clematis Road and Allen Street, containing twenty one and 80/100 (21.8) acres, more or less, and being bounded and described as follows: Beginning at a point in the Southerly side line of Clematis Road, five hundred fifty (550) feet Easterly of the junction of said Clematis Road and Allen Street thence northerly across 12. Clematis Road to land now or formerly of Lawrence and Dorothy C. Covert; thence easterly by said Covert land seventy (70) feet; thence Northeasterly by said Covert land nine hundred fifteen (915) feet to land of the Town of Lexington; thence Easterly by land of said Town two hundred thirty eight (238) feet to other land of the Town of Lexington; thence Southerly and Easterly in an arc by land of the said Town fifteen hundred and thirty two (1532) feetto other land of the Town of Lexington; thence Southwesterly partly by land of the Town of Lexington and partly by land now or formerly of Albert & Harry DeVincent three hundred five (305) feet to land now or formerly of Charlotte Sanderson; thence Northwesterly by land of said Sanderson five hundred forty (540) feet; thence Southwesterly by said land of Sanderson two hundred thirty-five (235) feet to land now or formerly of Curleys L. Slocum, Jr. et al; thence Northwesterly by land of said Slocum two hundred fifty (250) feet, thence Northeasterly by land of the Evangelical Covenant Church of Cambridge three hundred forty five (345) feet; thence Northwesterly by land of said Evangelical Covenant Church of Cambridge three hundred eighty (380), feet; thence Northeasterly by the land of said Evangelical Covenant Church of Cambridge one hundred seventy (170) feet to the point of beginning; all said distances being more or less. (Inserted at the request of 100 or more registered voters ) ARTICLE 13. To see if the Town will vote to authorize the Conservation Commission to purchase or otherwise acquire and authorize the Selectmen to convey, 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 now owned by the Town of Lexington by Tax Title or otherwise, 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, (commonly known as the Meng-Jei•v1Ue area), appropriate money therefor by transfer from available funds; or act in any other manner in relation thereto. (Inserted at the request of 100 or more registered voters ) 13. 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 fourteenth day of December, A.D., 1970. A true copy, Attest: a .. mt.i J Robert Cataldo iC Selectmen � /John J hine, Jr. Allan F. Ke eeyy,� 'Constable of Lexington CX /2d#i77-z- of � $ - l`—y t c';�� Lexington Rol B `Greel . ceim/pdec?, Fred C. Bailey