HomeMy WebLinkAbout1977-12-05-STM-Warrant RECEWED
1877 NOV 15 AM 9. 35
TOWN WARRANT
TOWN OF LEXINGTON LEX.N; 1 i,, M-
MASS.
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 Cary Memorial Hall, in said Town, on Monday, the fifth day of
December, 1977, 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 pro-
vided for by Section eight of said Chapter, as amended.
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 vote to accept Chapter 808 of the Acts
of 1975 entitled "An Act Further Regulating the Zoning Enabling Act"; or act
in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 3. To see if the Town will vote to amend Section 10 of the Zoning
By-Law by:
1. Striking the words "General Laws, Chapter 40A, Section 1
to 22 inclusive" and substituting therefor the words
"Section 2A of Chapter 808 of the Acts of 1975"
2. Striking the words "and of General Laws, Chapter 143,"
3. Striking the word "materials,"
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 4. To see if the Town will vote to amend Section 11 of the
Zoning By-Law by:
1. Adding a new paragraph at the end of Section 11 as follows:
"If the Building Commissioner is requested in writing to
enforce this By-Law against any person allegedly in vio-
lation of the same and the Building Commissioner declines
to act, he shall notify in writing the party requesting
such enforcement of any action or refusal to act, and the
reasons therefor, within fourteen days of receipt of such
request."
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2. Renumbering Subsections 11.3 and 11.4 to 11.4 and 11.5
respectively and adding a new Subsection 11.3 as follows :
11.3 1"Construction on or use of property under a building
permit shall conform to any subsequent amendment of this By-
Law unless the use or construction is commenced within a
period of six months after the issuance of the building
permit and in cases involving construction, unless such
construction is continued through to completion as con-
tinuously and expeditiously as is reasonable."
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 5. To see if the Town will vote to amend the Zoning By-Law
by striking Section 14 and substituting therefor:
SECTION 14. All amendments to these By-Laws shall be made in a
manner conforming with Section 5 of Chapter 40 A of the General
Laws.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 6. To see if the Town will vote to amend Section 40 of the
Zoning By-Law as follows by:
1. Adding three new definitions as follows:
SPECIAL PERMIT GRANTING AUTHORITY: The authority
empowered to grant special permits, which shall be
the Board of Appeals unless some other board is so
designated in these By-Laws.
SPGA: Special Permit Granting Authority.
CLUSTER DEVELOPMENT: A subdivision of land for one
family dwellings on lots having reduced area or
frontage or both, subject to a special permit
issued in accordance with the provisions of Section 33.
2. Striking PLANNED UNIT DEVELOPMENT and its definition.
3. Striking the words "Part 4" in the title of the Section.
4. Striking the title "Section 40" and replacing it with
the title "Section 1".
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
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ARTICLE 7. To see if the Town will vote to amend Sections 12, 12.1, and 12.2
of the Zoning By-Law by:
1. Striking the second paragraph of Section 12.
2. Striking Section 12.1 and substituting therefor:
Section 12.1 Appeals - The Board of Appeals shall hear
and decide appeals taken by any person aggrieved by reason
of his inability to obtain a permit or enforcement action
from any administrative officer under the provisions of
Chapter 40A, General Laws, by the regional planning agency
in whose area the Town is situated or by any person including
an officer or board of the Town, or of any abutting city or
town aggrieved by an order or decision of the Building Com-
missioner, or other administrative official in violation of
any provision of Chapter 40A, General Laws, or of this By-Law.
12.11 Such appeal shall be taken within thirty days from
the date of the order or decision being appealed, by filing
three copies of a notice of appeal, specifying the grounds
therefor, with the Town Clerk. The Town Clerk shall forth-
with transmit said copies to the officer or board whose
decision is being appealed, and to the Board of Appeals.
The Board of Appeals shall hold a hearing on any appeal
within 65 days of the filing, shall properly serve notice
of such hearing, and shall render its decision within 75 days
of the filing.
3. Striking Section 12.2 and substituting therefor:
Section 12.2 Special Permits - The Special Permit Granting
Authority shall hear and decide applications for special
permits for uses as provided in this By-Law, subject to any
general or specific rules therein contained, and subject to
appropriate conditions, safeguards and limitations on time
or use. In granting a special permit, the SPGA shall impose
such additional conditions and safeguards as furthers the
following objectives of Section 2A of Chapter 808 of the
Acts of 1975: To lessen congestion in the streets, to
conserve health; to secure safety from fire, flood, panic
and other dangers; to provide adequate light and air; to
facilitate the adequate provision of drainage, parks, open
space and other public requirements; to encourage housing
for persons of all economic levels; to conserve the value
of land and buildings, including the conservation of natural
resources and the prevention of blight and pollution of the
environment; to encourage the most appropriate use of lands
throughout the Town and to preserve and increase amenities.
Such special permit may be granted when in the judgment of
the SPGA the public welfare and convenience will be sub-
stantially served thereby, where a requested permit will not
tend to impair the status of the neighborhood, and only for
uses which are in harmony with the general purpose and intent
of this By-Law.
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12.21 At the time of filing the applicant shall file
one copy with the Town Clerk and five copies with the
Special Permit Granting Authority which shall forth-
with deliver copies to the Planning Board, Conservation
Commission, Board of Health and Town Engineering Depart-
ment. The SPGA shall hold a hearing on any properly
completed application within 65 days after filing, shall
properly serve notice of such hearing, and shall render
its decision within 90 days of said hearing.
12.22 Construction on or use of property under a special
permit shall conform to any subsequent amendment of this
By-Law unless the use or construction is commenced within
six months after the issuance of the permit and in cases
involving construction, unless such construction is con-
tinued through to completion as continuously and expedi-
tiously as is reasonable. A special permit shall lapse
two years from the granting thereof or such shorter time
as specified in said permit if a substantial use therof
has not sooner commenced except for good cause or, in the
case of a permit for construction, if construction has
not begun by such date except for good cause, but such
period shall be extended by the time required to pursue
or await determination of an appeal.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICT.F 8. To see if the Town will amend the Zoning By-Law by
striking Section 12.3 and substituting therefor the following:
Section 12.3 Variances - The Board of Appeals may authorize
upon appeal or upon petition with respect to particular land
or structures a variance from the terms of this By-Law pro-
vided however that the Board of Appeals shall not grant a use
variance. The Board of Appeals may grant a variance if it
specifically finds that owing to circumstances relating to the
soil conditions, shape or topography of such land or structures
and especially affecting such land or structures but not
affecting generally the zoning district in which it is located,
a literal enforcement of the provisions of the By-Law would
involve substantial hardship, financial or otherwise, to the
petitioner or appellant, provided that said variance may be
granted without substantial detriment to the public good and
without nullifying or substantially derogating from the
intent or purpose of this By-Law. The Board of Appeals may
impose conditions, safeguards and limitations both of time
and of use.
12.31 Requests for a variance shall be made by filing two
copies with the Board of Appeals and one copy with the Town
Clerk; the Board of Appeals shall forthwith transmit one copy
to the Planning Board. The Board of Appeals shall hold a
hearing on any request for a variance within 65 days of the
filing, shall properly serve notice of such hearing, and shall
render its decision within 75 days of the filing of the appli-
cation.
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12.32 If the rights authorized by a variance are not exercised
within one year of the date of the grant thereof, they shall
lapse, and may be reestablished only after due notice and public
hearing as provided in Chapter 40A, General Laws.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 9. To see if the Town will amend the Zoning By-Law by
establishing a new Section 2 as follows:
Section 2. The Special Permit Granting Authority, as a
condition of granting a special permit may require that
the performance of the conditions and observance of the
safeguards of such special permit be secured by one, or
in part by one and in part by the other, of the methods
described in the following clauses (1) and (2) . The
SPGA shall administer this securing of performance.
(1) By a proper bond or a deposit of money or negotiable
securities or letter of credit, sufficient in the opinion
of the SPGA to secure performance of the conditions and
observance of the safeguards of such special permit.
(2) By a covenant, executed and duly recorded by the
owner of record, running with the land, whereby the
conditions and safeguards included in such special
permit shall be performed before any lot may be con-
veyed other than by mortgage deed. Nothing herein shall
be deemed to prohibit a conveyance by a single deed,
subject to such covenant of the entire parcel of land,
the development of which is governed by the special permit.
2.1 Until completion of the development the penal
sum of any deposit or security held under clause
one (1) above may from time to time be reduced
by the SPGA by an amount not to exceed 85% of
the value of work originally estimated.
2.2 Upon the completion of the development or
upon performance of the conditions and safeguards
imposed by such special permit, security for the
performance of which was given, the applicant shall
send by registered mail to the SPGA an affidavit
that the conditions and safeguards in connection
with which such security has been given have been
complied with. If the SPCA determines that the
conditions and safeguards of the special permit
have been complied with, it shall release the
interest of the Town in such security, return or
release the security to the person who furnished
the same, or release the covenant by appropriate
instrument, duly acknowledged. If the SPGA
determines that the conditions or safeguards
included in the special permit have not been
complied with, it shall specify the conditions
or safeguards with which the applicant has not
complied in a notice sent by registered or certi-
fied mail, to the applicant. If the SPGA fails
to send such a notice within sixty days after it
receives the applicant's affidavit, all obligations
under the security shall cease and terminate, any
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deposit shall be returned and any such covenant
become void. Upon failure of the applicant to
complete such work to the satisfaction of the
SPGA and in accordance with all applicable plans,
regulations and specifications, the Town shall be
entitled to enforce such bond or to realize upon
such securities to the extent necessary to complete
all such work without delay.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 10. To see if the Town will vote to amend Section 33 of the
Zoning By-Law by striking it out and substituting therefor the following:
SECTION 33. CLUSTER DEVELOPMENT. The Planning Board shall be
the SPGA for the purposes of this section and may grant a special
permit for any tract of land of ten (10) acres or more to be sub-
divided as a cluster development, subject to the requirements
and conditions described below.
33.1 The general objectives of cluster developments are
to encourage:
33.11 Preservation of open space for conservation,
outdoor recreation or park purposes
33.12 Better utilization of natural features of
the land through a greater flexibility of design
33.13 More efficient provision of municipal services.
33.2 The number of building lots in any tract of land for
which a special permit is issued shall not exceed such
number of lots usable for building under the laws of the
Commonwealth and the By-Laws of the Town, and conforming
to the area and frontage requirements specified for RO
district in Section 27 hereof as could be contained in
85 percent of the area of the tract to be subdivided.
33.3 At least 25 percent of the total area of such tract shall
remain unsubdivided,and, except as provided below, unbuilt upon,
and shall be used for conservation, outdoor recreation or park
purposes.
33.31 Such unsubdivided land may be in one or
more parcels of a size and shape appropriate for
its intended use as determined by the Planning
Board.
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33.32 Such unsubdivided land shall be conveyed to
and accepted by the Town of Lexington, to all home-
owners within such tract jointly, or to a trust, the
beneficiaries of which shall be the homeowners within
such tract, which shall have as one of its purposes
the maintenance of such land for conservation, rec-
reation or park purposes, or to a non-profit organi-
zation, the principal purpose of which is the con-
servation of open space. The future ownership of
such unsubdivided land, which may differ from parcel
to parcel, shall be specified by the Planning Board
as a condition of the special permit.
33.33 When such unsubdivided land is conveyed to persons
other than the Town of Lexington, the Town shall be
granted an easement over such land sufficient to ensure
its perpetual use and maintenance as conservation,
recreation or park land.
33.34 Access at least 40 feet wide shall be provided
to each parcel of such unsubdivided land from one or
more streets in the subdivision. Such access shall
be identified in a manner as specified by the Planning
Board in the conditions of the special permit.
33.35 A maximum of 20 percent of such open land (if
the special permit so provides) may be devoted to paved
areas and structures used for or accessory to active
outdoor recreation, and consistent with the open space
uses of such land. The Planning Board shall impose
such conditions and requirements with respect to such
open land to ensure that at the completion of the
development such land will be in a condition appropriate
to its intended use.
33.4 The following minimum standards shall be observed with
respect to any reduction of street frontage or lot area
permitted in a cluster development:
33.41 Street frontage for each lot may be reduced
to not less than 120 feet, lot area may be reduced
to not less than 20,000 square feet.
33.42 The street frontage may be further reduced
on curves in accordance with the provisions of
Paragraph 26.55 of this By-Law.
33.5 The application for a special permit for a cluster develop-
ment shall be accompanied by a preliminary subdivision plan and
an order of conditions issued by the Conservation Commission
pursuant to Article XXXIII of the General By-Laws of the Town
of Lexington, or a determination by the Conservation Commission
that Article XXXIII is not applicable or that conditions are
not necessary. In addition to the information required by
Rules and Regulations of the Planning Board to be shown on
preliminary subdivision plans, such plan for a cluster develop-
ment shall show the following:
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33.51 Soil culture of the land, such as wooded,
pasture, rock outcrops or swampy.
33.52 Proposed landscaping and use of land which
is to be reserved for conservation, recreation or
park use, including any proposed structures thereon.
33.6 In determining whether to grant a special permit for a
proposed cluster development which meets the minimum standards
stated herein, the Planning Board shall consider:
33.61 The appropriateness of the proposed development
and the extent to which it accomplishes the objectives
of cluster development.
33.62 The existing and probable future development
of surrounding areas.
33.63 The appropriateness of the proposed development
in relation to topography, soils and other character-
istics of the tract in question.
33.64 Its determination as to the number of lots usable
for building.
33.65 The Planning Board shall cause to be made and
filed a detailed record of its proceedings indicating
the vote of each member and setting forth clearly the
reasons for its decision which shall at least include
its findings with respect to those matters enumerated
in Sections 12.2, 33.61, 33.62, 33.63, and 33.64 of
this By-Law.
33.7 Nothing contained herein shall in any way exempt a proposed
subdivision from compliance with other applicable provisions of
these By-Laws or the Subdivision Rules and Regulations of the
Planking 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 conditions and modifications, or disapprove a sub-
division plan in accordance with the provisions of such Rules
and Regulations and of the Subdivision Control Law.
33.8 The Planning Board shall not grant a special permit for
the subdivision of land into lots having the reduced area and
frontage, as provided for in this subsection, if it appears
that because of soil drainage, traffic or other conditions
the granting of such permit would be detrimental to the neighbor-
hood or to the Town or will be unlikely to further the purposes
of cluster development, or if the uses, shape, size or location
of the unsubdivided land are incompatible with the purposes of
this section.
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33.9 The Planning Board, as a condition of the granting of a special
permit under this section, may require that the performance of con-
ditions and observance of the safeguards of such special permit be
secured in accordance with Section 2 of this By-Law.
33.10 Subsequent to a special permit granted the Planning Board under
the provisions of this Section 33, and the approval of a definitive
plan of a subdivision by the Planning Board, the location of side and
rear lines of lots in such subdivision may be revised from time to time
in accordance with applicable laws, by-laws and regulations. Any
change in the number of lots, the lines of streets, the reserved open
space, its ownership or use, or any other conditions stated in the
original special permit shall require a new special permit issued
in accordance with the provisions of this By-Law.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
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ARTICLE 11. To see if the Town will vote to amend the Zoning
By-Law by striking Section 30.3 and substituting therefor the following:
30.3 A lawfully existing, non-conforming, one or two family
dwelling may be extended or enlarged provided such extension
or enlargement does not increase the non-conformity and does
not violate any dimensional control applicable at the time
of the extension or enlargement. Any other non-conforming
building or use shall not be extended or enlarged except
with a special permit granted under the provisions of
Subsection 12.2 of this By-Law.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 12. To see if the Town will vote to amend Section 38 of
the Zoning By-Law by striking it out and substituting therefor the
following:
SECTION 38: Planned Unit Development District - RD
38.11 General Objectives. The RD District is intended
to allow greater flexibility in land use planning for
the development of tracts of land in terms of density,
preservation of open spaces, utilization of natural
features, provision of municipal services and providing
a variety of housing types and styles; to ensure that
site development plans will be presented to the Town
Meeting in connection with a proposal to rezone a tract
of land to RD; and to enable the Board of Appeals to
require adherence to such site development plans in
the granting of a special permit as hereinafter described.
38.12 Land Uses and Dimensional Control in the Absence
of Special Permit. Except where a special permit has been
granted by the Board of Appeals pursuant to the procedure
hereinafter described, land uses and dimensional controls
in RD 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 RO districts shall be the
same as those of the RO districts.
38.13 Any development permitted in an RD district shall
comply with the Schedule of Dimensional Controls for RD
districts set out in section 27 of this By-Law and the
subdivision of land. Interior drives within an RD develop-
ment shall be designed to such street standards as the
Planning Board may require in accordance with such Rules
and Regulations.
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38.14 Compliance with Other Rules and Regulations.
Nothing contained herein shall in any way exempt a
proposed subdivision in an RD 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.
38.15 Town Meeting Presentation. Every proposal
presented to the Town Meeting for rezoning land to an
RD zone shall include a site development plan which
shall show in a general manner, drawn to scale, the
proposed locations, types and floor plans for proposed
building and other structures, proposed locations,
design and dimensions of streets, drives, parking areas
and other paved areas, the proposed grading, drainage
system, and location of major utilities in the develop-
ment, and the open space. The site development plan
shall show the proposed dwelling unit density, total
floor area and the extent of open space or shall be
accompanied by a tabulation of the same. A copy of
the site development plan, which shall be deemed to
include any literature and commitments, authorized by
the developer which has been presented to Town Meeting
shall be filed with the Town Clerk before the vote and
shall be part of the site development plan.
38.16 There shall be provided at least 1 1/2 parking
spaces per dwelling unit, located in parking lots or in
garages or under or within buildings which contain
dwelling units.
38.17 Permissible housing types include all single and
multiple-occupancy housing types used for human occupancy.
Any type of ownership may be permitted. The site develop-
ment plan may also include non-residential uses which will
serve primarily the inhabitants of such planned unit
development provided such non-residential uses will enhance
the character, amenities and convenience of those who will
live in the planned unit development.
38.18 At least 25 percent of the total area or two acres
of such tract, whichever is greater, shall, except as
provided below, remain unbuilt upon and set aside for
conservation, outdoor recreation or park purposes or buffer
areas. Such open land shall be in addition to required
front, side and rear yards and may be in one or more parcels
of a size and shape appropriate for the intended use and may
be conveyed either to and accepted by the Town or its
Conservation Commission, to a legal association comprised
of the homeowners within such tract, or to a non-profit
organization the principal purpose of which is the conser-
vation of open space. Such open land shall be included
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in the total tract area for the purpose of computing
dwelling unit density of the tract. The future ownership
of such open land, which may differ from parcel to parcel,
shall be specified by the Board of Appeals as a condition
of the special permit, but when such open land is conveyed
to persons other than the Town of Lexington, the Town shall
be granted an easement over such land sufficient to insure
its perpetual use as conservation, recreation or park land
or buffer area. A maximum of 20 percent of such open land
may be devoted to paved areas and structures used for or
accessory to active outdoor recreation and consistent with
the open space uses of such land.
38.19 Planning Board Report. The Planning Board, in its
report to the Town Meeting, required by law, shall include
its opinion of whether or not the proponent has prepared
sufficient data to give reasonable assurance that the
development will conform to the site development plan with
respect to the location, layout and design of proposed
buildings, drives, and streets, to the density, type and
design of floor plans and dwelling units, and with respect
to the anticipated selling price or rental (as the case may
be) , if included in the presentation to Town Meeting.
38.2 Application Requirements. The application to the Board
of Appeals for a special permit under this section shall be
accompanied by the following plans and supporting materials,
copies of which shall also be submitted to the Planning Board.
38.21 Plan of the tract showing topography, soil culture,
existing streets and structures within and contiguous to
the tract.
38.22 Where a subdivision of land is involved, a preliminary
subdivision plan, which may be combined with the plan required
under the preceding paragraph.
38.23 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, open space, planting, screening,
landscaping and other improvements and the locations and
outlines of proposed buildings.
38.24 Preliminary architectural drawings for building plans
including typical floor plans, elevations and sections.
38.25 A tabulation of proposed buildings by type, size (number
of rooms, floor area) , ground coverage and summary showing the
percentages of the tract to be occupied by buildings, parking
and other paved vehicular areas, and the amount of open space.
38.26 An order of conditions issued by the Conservation
Commission pursuant to Article XXXIII of the General By-Laws
or a determination by the Conservation Commission that
Article XXXIII is not applicable or that conditions are not
necessary.
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38.3 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, to include at least the following:
38.31 A general description of the tract in question
and surrounding areas.
38.32 An evaluation of the probable impact of the proposed
development on Town services and facilities.
38.33 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 pro-
visions for open space within the development, grading, land-
scaping and screening, the provisions for access, egress and
traffic within the development and on adjacent streets.
38.34 An opinion of the Planning Board whether the site, the
proposed development layout, the proposed number, type and
design of housing will constitute a suitable development
compatible with the surrounding area.
38.35 A statement that the developer's plans comply with
the Design Standards of the Planning Board's Rules and
Regulations Governing the Subdivision of Land. Wherever
such plans do not comply, the Planning Board's report shall
state. In granting a special permit, the Board of Appeals
may rely upon the Planning Board's statement that the
developer's plans comply with such Design Standards.
38.36 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 permit.
38.37 New Site Development Plans. In the event that a
developer proposes to develop a tract of land in an RD District
according to site development plans which the Planning Board
determines are substantially different from the site develop-
ment plans presented at the time the Town Meeting voted to
include such land in the RD District, such different site
development plans shall first be presented to and receive the
approval of the Town Meeting by a vote of two-thirds of those
present and voting, prior to any action thereon by the Board
of Appeals.
38.38 Board of Appeals Action. The Board of Appeals shall
not take any action on an application for a special permit for
RD district development until the Planning Board shall have
submitted its written recommendations to the Board of Appeals
or thirty 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.
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38.4 Special Permit Provisions. The Board of Appeals may grant a
special permit for the development of any tract of land in an RD
district, based on a determination that the proposed development
will be consistent with the development as approved by the Town
Meeting and consistent with the general objectives of the RD District
development, and subject to the following standards:
38.41 The special permit shall incorporate by reference
building design and site development plans presented to
the Town Meeting. The Board of Appeals may, in its dis-
cretion, permit deviations from the site development plans
presented to the Town Meeting, provided, however, that the
Board shall not permit any increase in the dwelling unit
density, nor shall it permit an increase greater than 10%
in the total floor area, as presented to the Town Meeting.
Nor shall the Board of Appeals authorize any non-residential
use other than shown in the site plan presented to Town
Meeting.
38.42 The Board of Appeals may require dwelling unit density
to be less than that shown on the site development plans pre-
sented to the Town Meeting, if the Board determines that proper
land use planning so requires, but in such event, the Board
shall file with its decision the basis for its determination,
including, among other factors, soil conditions, drainage,
traffic or other neighborhood conditions brought to the Board's
attention, and the provision of the usable open space. The
Board may permit an increase in the number of dwelling units
by as much as 25% over that shown on the site development plan
approved by the Town Meeting due solely to the addition of low
and moderate income housing, as defined in Section 36 of this
By-Law. In such case, the applicant shall provide to the Board
sufficient evidence of appropriate financing for such low and
moderate income dwelling units.
38.43 The Board of Appeals may permit the construction and use
of facilities such as a community center or recreation center,
including without limitation swimming and tennis facilities,
primarily for the use of residents of the tract, if the Board
determines that the inclusion of such facilities would be
appropriate by reason of such factors as the size of the tract,
the number of its residents and its geographical location.
38.44 In granting a special permit, the Board of Appeals shall
impose as a condition thereof that the installation of municipal
services and construction of interior drives within the RD
development shall comply with the requirements of the Planning
Board's Rules and Regulations Governing the Subdivision of Land;
and 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.
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38.5 Amendment and Revision of Special Permit. The Board of
Appeals upon application by the developer and after hearing,
may amend a special permit previously granted, but only in
accordance with the standards hereinbefore set out.
38.51 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 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. The developer shall notify in
advance the Board of Appeals of any such revision. If
the Board of Appeals determines such revisions not to be
minor it shall order a hearing pursuant to Section 38.5,
hereof.
38.6 Denial of Special Permit. The Board of Appeals may deny an
application for special permit hereunder and base its denial upon:
38.61 A failure to meet the standards established by
Section 38 of this By-Law.
38.62 A finding that the proposed development would not be
consistent with the general objectives of RD district
development.
38.62 A finding that the proposed development does not
substantially conform to the plans for the development
of the tract presented to the Town Meeting in connection
with the proposed rezoning of the tract to RD.
38. 7 Security. The Board of Appeals, as a condition of granting
of a special permit under this section may require the performance
of the conditions and observance of the safeguards of such special
permit be secured in accordance with section 2 of this By-Law.
38.8 Severability. In the event that any portion of the special
permit procedure established herein shall later be invalidated,
whether by judicial decree or otherwise, special permits pre-
viously issued by the Board of Appeals hereunder shall remain valid.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
-16-
ARTICLE 13. To see if the Town will vote to amend the Zoning By-Law
by adding thereto the following Section 39 entitled "Site Plan Review and
Special Permits for Conventional Subdivisions":
SECTION 39. Site Plan Review. Except for subdivisions governed by
Sections 33, 36 and 38 of this By-Law, no person shall commence develop-
ment of any subdivision in a residential district without first obtaining
a special permit from the Planning Board under the provisions of this
Section 39.
39.1 The general objectives of this section are to insure
insofar as is practicable the achievement of the objectives
of Section 2A of Chapter 808 of the Acts of 1975.
39.2 Special permits issued under this section shall contain
reasonable orders, conditions and requirements concerning the
placement of buildings, major topographic changes, provisions
for surface and ground water drainage, protection against
flooding and inundation, prevention of water pollution and
environmental damage, erosion control, protection of large
trees, location of driveways, streets and intersections of
driveways and streets as are necessary, desirable and practical
to further sound development and design and to avoid substantial
detriment to the neighborhood in which the development is to
occur.
39.3 Applications for a special permit shall contain a site
plan and an order under provisions of Chapter XXXIII of the
General By-Laws, or a determination by the Conservation Commission
that Article XXXIII is not applicable or that an order of conditions
is not necessary. Such application and site plan include detailed
data covering the elements subject to the imposition of conditions,
orders and requirements pursuant to Section 39.2, and shall include
information as to proposed landscaping, including a description of
types, size and location of proposed trees and shrubs in such
development. The Planning Board may require further information
with respect to such elements.
39.31 Such application shall be filed either before or
simultaneously with the filing of a definitive subdivision
plan, as defined in the Subdivision Control Law of the
Commonwealth of Massachusetts, and shall be accompanied
by a reasonable filing fee.
39.4 Insofar as practicable, the public hearing on the application
shall be held at the same meeting at which the Planning Board holds
the public hearing on the definitive subdivision plan under the
Subdivision Control Law. The Planning Board shall take action on
said application not more than two weeks after it has taken action
on the definitive subdivision plan. Such action shall consist of
a finding and determination that the proposed development be subject
to such conditions or requirements as the Board reasonably may
determine are necessary and desirable to ensure that so far as is
practicable the proposed development will constitute a suitable
development, will not result in substantial detriment to the
neighborhood and it will further the purposes and objectives of
the Zoning By-Law and the Zoning Acts.
-17-
39.41 The period within which final action shall be taken
may be extended for a definite period by mutual agreement
of the Planning Board and the applicant. In the event that
the Planning Board determines that the site plan and data
presented to it at the public hearing are inadequate to permit
the Board to make a finding and determination, it may, in its
discretion, either deny the application without prejudice or
adjourn the hearing to a later date to permit the applicant
to provide additional data or revisions of the site plan or
both, provided, however, that such postponement shall not
extend the period within which final action under this Section
must be taken by the Board, unless such period is extended to
a day certain by mutual assent of the Board and the applicant.
39.42 The Planning Board shall cause to be made and filed a
detailed record of its proceedings indicating the vote of each
member and setting forth clearly the reasons for its action or
inaction on each application.
39.43 In the event that the Planning Board shall fail to take
final action on an application within the period herein before
limited after the filing with the Board of an application for
a finding and determination, or within such extended period as
shall have been mutually agreed upon as herein provided, then
upon the expiration of the period within which action must be
taken or an extension thereof, said Board shall be deemed to
have granted the application and issued the permit request.
39.5 The Planning Board may require as a condition of granting a
special permit under this Section, that the performance of the
conditions and observance of the safeguards of such special permits
be secured in accordance with Section 2 of these By-Laws.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 14. To see if the Town will amend the Zoning By-Law as
follows by:
1. Adding a new definition to Section 1 after "TEMPORARY STRUCTURE"
as follows:
USABLE BUILDING AREA: That portion of a lot which meets all setback
requirements from lot lines, streets, or bodies of water referred to
in Section 27.1 of the By-Law.
2. Adding to Section 27 - Schedule of Dimensional Controls, a new
line "Usable Building Area" with the figures "18,500 sq. ft." under
the heading RO; "7,250 sq. ft." under the heading "RS and RT"; and
"NR" in all of the other columns.
3. Adding at the end of Section 33.41: "usable building area may
be reduced to not less than 10,750 sq. ft. ;".
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
-18-
ARTICLE 15. To see if the Town will Vote to amend Section 25 of the
Zoning By-Law by adding thereto a new Subsection 25.17 - "Municipal Buildings
and Public School Buildings Converted to Residential Uses. (SPS** in all
columns) . **Special permits under this section governed by Section 28 -
Converted Municipal Buildings and Public School Buildings,';
and by adding thereto a new Section 28 entitled "Special Permits for
Converted Municipal Buildings and Public School Buildings" as follows:
SPECIAL PERMITS FOR CONVERTED MUNICIPAL BUILDINGS
AND PUBLIC SCHOOL BUILDINGS
28.11 This Section is intended to allow the conversion of municipal
buildings in a manner which encourages practical residential develop-
ment, which is compatible with the neighborhood, and which encourages
development of economically priced and a variety of housing, and
fosters flexibility and creativity of development.
28.12 Special Permits for the conversion of municipal buildings shall
be governed by this Section and Section 13 of this By-Law.
28.13 The Board of Selectmen shall be the Special Permit Granting Authority.
28.14 The Planning Board shall hold a public hearing on a site development
proposal - prior to Town Meeting. The procedure for such
public hearing shall be governed by the procedure governing hearings on pro-
posed amendments to the Zoning By-Law.
28.15 Permissible housing types and forms of ownership include all single
and multiple occupancy housing types, and any mix thereof, and forms of
ownership permissible under law.
28.16 The site development proposal for such conversion shall show in a
general manner with plans drawn to scale, the floor plan, exterior design,
housing types and estimated sales prices or rentals as the case may be,
landscaping, accessory buildings, parking areas and other paved areas,
dwelling unit density and total floor area. The site plan shall be pre-
sented to the Town Meeting for its approval, by a majority of those present
and voting.
28.17 The Planning Board shall report to the Town Meeting concerning the
suitability of the proposal, its contribution to the furtherance of the
objectives of this Section, and its likely impact on the neighborhood,
town services and facilities.
28.18 After approval by the Town Meeting, the Special Permit Granting
Authority may grant a special permit which shall incorporate by reference
the site development proposal approved by the Town Meeting. The special
permit shall conform substantially to the site development plan which the
Town Meeting has approved. The Board of Selectmen may, in its discretion,
permit minor deviation from the site development plan which the Town
Meeting has approved.
28.19 The Special Permit Granting Authority and the Planning Board shall,
in acting upon applications for special permits, be governed by Section 13
of this By-Law.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
f
-19-
ARTICLE 16. To see if the Town will vote to authorize the Selectmen
to petition the General Court for an amendment to Chapter 447 of the
Acts of 1956, as amended, entitled "An Act Establishing An Historic
Districts Commission For The Town Of Lexington And Defining Its Powers
And Duties, For Establishing Historic Districts In The Town of Lexington"
to expand the Battle Green District to include the Hancock School property,
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 17. To see if the Town will authorize the Selectmen to
convey the Hancock School property located at the corner of Forest Street
and Clarke Street, consisting of the building and approximately 1.5 acres
of land more or less, to a buyer approved by the Selectmen and the
members of the Town Meeting; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 18. To see if the Town will authorize the Selectmen to
convey a parcel of land on the southerly side of Woburn Street containing
. 79 acres, more or less, shown as parcel A-2 on plan entitled "Plan of
Land in Lexington, Mass." dated June 25, 1968, Albert A. Miller, Wilbur C.
Nylander, Civil Engineers and Surveyors recorded in Middlesex South
Registry of Deeds Book 11563, Page 3, to the Lexington Housing Authority;
or act in any other manner in relation thereto.
(Inserted at the request of Housing Authority)
ARTICLE 19. To see if the Town will vote to amend the Zoning By-Law
by inserting a new subsection 22.49 as follows:
"A district off the southerly side of Woburn Street
as shown on the Zoning District Map No. RM-7 entitled
"RM Garden Apartment Districts", designated thereon
22.49."
or act in any other manner in relation thereto.
(Inserted at the request of Housing Authority)
-20-
ARTICLE 20. To see if the Town will authorize the Selectmen to
abandon road, sewer, drain and water easements granted to the Town by
George J. DeVries and John S. DeVries, a partnership doing business
as Lexington Development Company, by instrument dated November 2, 1959,
recorded with Middlesex South Registry of Deeds, Book 9492, Page 188,
as such rights and easements cross Lots 9, 10, 11, 12, 13, 14, 15, 16
and 17 on an approved subdivision plan entitled "Lowell Estates,
Section 2 in Lexington, Mass.", recorded with said Registry, Book 12910,
Page 246, for the benefit of Village Development Corp. , or act in any
other manner in relation thereto.
(Inserted at request of Planning Board)
ARTICLE 21. To see if the Town will make an appropriation for the
current fiscal year, in addition to those authorized under Articles
4 and 5 of the warrant for the 1977 Annual Town Meeting, to fund cost
items included in a collective bargaining agreement reached between
the Town and International Association of Firefighters Local 1491
and determine whether the money shall be provided by transfer from
available funds, including any special funds; or act in any other manner
in relation thereto.
(Inserted by Board of Selectmen)
-21-
ARTICLE 22. To see if the Town will vote to authorize the Selectmen
to petition the General Court for an amendment to Chapter 215 of the
Acts of 1929 as amended entitled "An Act To Establish In The Town Of
Lexington Representative Town Government By Limited Town Meetings"
which amendment would
(i) allow not less than six nor more than twelve precincts,
(ii) eliminate the chairman of the cemetery commissioners as
a town meeting member at large,
(iii) eliminate the requirement of posting notices of adjourned
town meetings in five or more public places and mailing
notices to town meeting members, and
(iv) bring the time for filing nomination papers for new
town meeting members and incumbent town meeting members
in line with Chapter 53, Section 10 of the General Laws;
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
-22-
ARTICLE 23. To see if the Town will vote to amend the Zoning By-Law
by adding thereto a new Section 39 as follows:
SECTION 39 CONTROLLED COMMERCIAL DISTRICT--CD
39.11 Dimensional Control in the Absence of Special Permit.
Dimensional controls in CD Districts shall be the same as those of the
CH District, except where a special permit is granted by the Board of
Appeals.
39.12 General Objectives.
The CD District is intended to allow greater flexibility in land use
planning for the development of tracts of land greater than five (5)
acres, in terms of density, preservation of open spaces, utilization
of natural features, provision of municipal services and providing
an appropriate site for uses permitted in CR, CM and CH Districts
and those uses allowed in sections 25.53 and 25.54; to insure that
site development plans will be presented to the Town Meeting in
connection with a proposal to rezone a tract of land to CT; and to
enable the Board of Appeals to require adherence to such site develop-
ment plans in the granting of a special permit as hereinafter described.
39.13 Town Meeting Presentation.
The site development plans presented to the Town Meeting for the proposed
development shall show in a general manner, but drawn to scale, the pro-
posed locations, types, floor plans and designs for proposed buildings,
accessory structures, drives, parking areas, exterior lighting plans,
the proposed grading, bodies of water, brooks, streams, drainage system
and the proposed location of open space. The said plans should show the
proposed use and density of building and the extent of open space. A
copy of the said plans shall be filed with the Town Clerk prior to the
presentation to the Town Meeting.
39.2 Special Permit Provisions.
After approval of the plans by Town Meeting, the Board of Appeals may grant
a special permit for the development of any tract of land greater than five
(5) acres in a CD District, subject to the following standards:
39.21 The special permit shall incorporate by reference building design and
site development plans filed by the developer, together with its application
for a special permit and such plans shall conform substantially to the plans
approved by the Town Meeting. The Board of Appeals may, in its discretion,
permit minor deviations from the plans presented to the Town Meeting, pro-
vided however, that the Board shall not permit any increase in the building
or parking area as presented to the Town Meeting in excess of ten (10%) percent
of the floor area of the building or accessory structures or of the parking
area as proposed.
-23-
39.3 Amendment of Special Permit.
The Board of Appeals, upon application of the developer and after hearing,
may amend a special permit previously granted, but only in accordance with
the standards hereinbefore set forth.
39.4 Application Requirements.
The application to the Board of Appeals for a special permit under this
Section shall be accompanied by the plan showing the parcel involved, its
topography, soil culture, proposed location, dimensions, materials and
type of construction of drives, parking areas, exterior lighting plans,
exterior signs, open space, planting, screening, landscaping and other
improvements and the location and outlines of proposed buildings and
accessory buildings and such conditions as may have been attached to
the proposed development by the Conservation Commission. It shall also
contain preliminary architectural drawings for the building plans, in-
cluding typical floor plans, elevations and sections. Copies of the
aforesaid plans shall be submitted to the Planning Board.
39.5 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, to include at least the following:
39.51 A general description of the tract in question and surrounding areas.
39.52 An evaluation of the probable impact of the proposed development
on Town services and facilities.
39.53 A review of the proposed development, including such aspects as
the type or style of buildings, the size of development 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.
39.54 An opinion of the Planning Board whether the site, the proposed
development layout, the proposed development will constitute a suitable
development compatible with the surrounding area.
39.55 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 permit.
39.6 Board of Appeals Action.
The Board of Appeals shall not take any action on an application for a
special permit for CD District development until the Planning Board shall
have submitted its written recommendations to the Board of Appeals or
thirty (30) days have elapsed from the date of submission of the appli-
cation. Where its decision differs from the recommendation of the
Planning Board, the Board of Appeals shall state in its decision the
reasons therefor.
-24-
39. 7 Denial of Special Permit.
The Board of Appeals may deny an application for a special permit hereunder
and base its denial upon a finding that the proposed development does not
substantially conform to the plans for the development of the tract approved
by the Town Meeting in connection with the proposed rezoning of the tract
to CD or the plans do not conform to the standards established under
Section13.3. If the denial is made by the Board of Appeals, as provided
herein, and unless a new petition is filed within 180 days of the denial of
the Board of Appeals and the subsequent petition is approved, then the
rezoning of the affected parcel in the CD Zone shall become null and void
and the affected parcel shall once again revert into the zoning district
in which it existed prior to the Town Meeting action.
39. 71 Land Uses in CD Zone in the Absence or Lapse of Special Permit.
If a special permit doesn't issue or where a special permit has been
granted by the Board of Appeals but no action has been taken to proceed
with the CD District Development for a period of two years thereafter,
the special permit shall lapse and land uses within the geographical
limits of the CD District shall be the same as those for the zoning
district in which it existed immediately prior to Town Meeting action
under Sections 39.12 and 39.13 hereof.
39. 8 Revisions.
Subsequent to a special permit granted by the Board of Appeals under the
provisions of this Section, minor revisions may be made from time to
time in accordance with applicable laws, by-laws and regulations, of the
development under such special permit which revisions 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.
39.81 Bond.
Prior to any construction on land in a CD District, there shall be filed
with the Town a surety Bond in a form satisfactory to the Planning Board
or there shall be deposited negotiable securities of a kind acceptable
to the Planning Board, in a sum or amount sufficient in the opinion of
the Planning Board to secure the performance of the construction of any
improvements required by the Planning Board or by the Conservation
Commission or other agency or department of the Town. Any bond, surety
agreement, or securities filed or deposited in accordance herewith,
shall be executed so as to secure the completion of all required work within
two (2) years of such filing or deposit or within such other time as the
Planning Board may specify. Upon the failure of the developer to complete
such work to the satisfaction of the Planning Board and in accordance
with all applicable plans, regulations and specifications, the Town shall
be entitled to enforce such bond or to realize upon such securities to
the extent necessary to complete all such work without delay.
39.9 Severability.
In the event that any portion of the special permit procedure established
herein shall later be invalidated, whether by judicial decree or otherwise,
special permits previously issued by the Board of Appeals hereunder shall
remain valid.
(Inserted by Board of Selectmen)
-25-
ARTICLE 24. To see if the Town will vote to amend the Zoning By-Law
as follows:
A. By adding at the end of SECTION 20.2 entitled
COMMERCIAL AND INDUSTRIAL DISTRICTS the
following new designation:
CD - CONTROLLED COMMERCIAL DISTRICT
B. By inserting in SECTION 25--USE REGULATIONS SCHEDULE,
after the column headed CB a new column headed CD and
having any use allowable under any one of the following
zoning districts to wit, CR, CH or CM, by inserting the
same symbols for any allowable use into the CD District
and provided further that there shall appear in the CD
District the following:
25.53--SPS
25.54--SPS
C. By inserting in SECTION 27--SCHEDULE OF DIMENSIONAL
CONTROLS after the column heading entitled CH an
"and sign" (+) followed by the letters CD so that
the column heading will appear as "CH + CD".
D. By inserting in SECTION 32.1--SCHEDULE OF REQUIRED
PARKING AND LOADING a CD District beside each re-
quirement for a CH District except for that headed
"Hotels, motels, motor hotels".
E. By inserting in SECTION 32.2--SCHEDULE OF DIMENSIONAL
RESTRICTIONS FOR PARKING AND LOADING beside the column
headed CR, CH an additional district labeled CD.
Or act in any other manner in relation thereto.
(Inserted at the request of one hundred or more registered voters)
-26-
ARTICLE 25. To see if the Town will vote to amend the Zoning By-Law
as follows:
A. By changing the zoning district in which lies the land
bounded and described below from CH--HOTEL, OFFICE AND
RESEARCH PARK DISTRICT to CD--CONTROLLED COMMERCIAL
DISTRICT by revising the zoning map and adopting a new
zoning map No. CD-1 showing as a CD District the land
bounded and described as follows:
NORTHEASTERLY by Bedford Street, three hundred
seventy-two and 58/100 (372.58) feet;
NORTHWESTERLY by land of the Boston Edison Company,
about one thousand fifty-six (1,056.00)
feet, more or less, to a point twelve
hundred (1,200.00) feet from the
NORTHEASTERLY line of land now or
formerly of the Boston and Maine
Railroad;
SOUTHWESTERLY by a line two hundred and seventy-five
(275.00) feet, more or less, by a line
parallel to and twelve hundred (1,200.00)
feet distant from the NORTHEASTERLY
boundary of the land now or formerly of
the Boston and Maine Railroad;
NORTHEASTERLY by land now or formerly of Lexington Chalet
Inc. fifty (50.00) feet, more or less;
thence,
SOUTHEASTERLY by land of the said Lexington Chalet Inc.
nine hundred twenty-nine and 19/100 (929.19)
feet.
Said parcel containing approximately 6. 7 acres of land more or less.
(Inserted at the request of one hundred or more registered voters)
-27-
And you are directed to serve this warrant fourteen 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 thirty-first day of
October, A.D. , 1977.
(c:12
1 Selectmen
o
�� Lexington
5/7
A true copy, Attest:
9,4 f
CO/stable of ekin to
E/
RECEIVED
1271 NOV 15 AR 9 35
Ip,Y4 cur-RK+-nP
LEXING H, Nt&SS.
CONSTABLE'S RETURN
November 14 , 1977
To the Town Clerk:
I have served the foregoing warrant by posting a printed copy
thereof in the Town Office Building, Cary Memorial 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 each dwelling house and to each dwelling unit in
multiple dwelling houses, apartment buildings, or other buildings
in the Town 14 days before the time of said meeting.
Attest:
42/
meta le of Lexiniton
li d