HomeMy WebLinkAbout1977-03-07-TE-Warrant-and-1977-03-21-ATM-Warrant TOWN WARRANT
Town of Lexington 3
Commonwealth of Massachusetts Middlesex,ss.
To either of the Constables of the Town of Lexington,-Lid''Saie County1,-
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, BOWMAN SCHOOL; PRECINCT THREE, BRIDGE
SCHOOL; PRECINCT FOUR, SENIOR HIGH SCHOOL; PRECINCT FIVE, CARY MEMORIAL BUILDING; PRECINCT
SIX, WILLIAM DIAMOND JUNIOR HIGH SCHOOL; PRECINCT SEVEN, ESTABROOK SCHOOL; PRECINCT EIGHT,
FIRE HEADQUARTERS BUILDING; PRECINCT NINE, MARIA HASTINGS SCHOOL, on Monday, the seventh
day of March, A.D. , 1977 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 :
Two Selectmen 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;
Eight Town Meeting Members in Precinct One, the seven receiving the highest number of
votes to serve for the term of three years, the one receiving the next highest
number of votes to fill an unexpired term ending March, 1978;
Seven Town Meeting Members in Precinct Two, for the term of three years;
Eight Town Meeting Members in Precinct Three, the seven receiving the highest number of
votes to serve for the term of three years, the one receiving the next highest
number of votes to fill an unexpired term ending March, 1978;
Eight Town Meeting Members in Precinct Four, the seven receiving the highest number of
votes to serve for the term of three years, the one receiving the next highest
number of votes to fill an unexpired term ending March, 1978;
Nine Town Meeting Members in Precinct Five, the seven receiving the highest number of
votes to serve for the term of three years, the two receiving the next highest
number of votes to fill unexpired terms ending March, 1978;
Eight Town Meeting Members in Precinct Six, the seven receiving the highest number of
votes to serve for the term of three years, the one receiving the next highest
number of votes to fill an unexpired term ending March, 1978;
Seven Town Meeting Members in Precinct Seven, for the term of three years;
Eight Town Meeting Members in Precinct Eight, the seven receiving the highest number of
votes to serve for the term of three years, the one receiving the next highest
number of votes to fill an unexpired term ending March, 1978;
Eight Town Meeting Members in Precinct Nine, the seven receiving the highest number of
votes to serve for the term of three years, the one receiving the next highest
number of votes to fill an unexpired term ending March, 1979.
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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 twenty-first day of March, 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 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.
ARTICLE 3. To see if the Town will authorize the appointment of the committee
on lectures under the wills of Eliza Cary Farnham and Susanna E. Cary; or act
in any other manner in relation thereto.
ARTICLE 4. To see if the Town will make appropriations for expenditures by
departments, officers, boards, and committees of the Town for the ensuing fiscal
year and determine whether the money shall be provided by the tax levy or by trans-
fer from available funds, including any special funds, or by any combination of
these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 5. To see if the Town will make appropriations for the ensuing fiscal
year, in addition to those authorized under Article 4 of this warrant, to fund
cost items included in collective bargaining agreements reached between
the Town and employee organizations and determine whether the money shall be pro-
vided by the 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 re-
lation thereto.
(Inserted by Board of Selectmen)
ARTICLE 6. To see if the Town will make supplementary appropriations, to be
used in conjunction with money appropriated under Article 4 of the warrant for
the 1976 annual town meeting, to be used during the current fiscal year and de-
termine whether the money shall be provided by transfer from available funds;
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 7. To see if the Town will raise and appropriate money to pay
any unpaid bills rendered to the Town for prior years; determine whether
the money shall be provided by the tax levy, or by transfer from available
funds, or by any combination of these methods; or act in any other manner
in relation thereto.
(Inserted by Board of Selectmen)
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 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.
(Inserted by Board of Selectmen)
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 current fiscal
year or appropriate a sum of money to hire an independent auditor for such
purpose, and determine whether the money shall be provided by the tax levy,
or by transfer from available funds, or by any combination of these methods;
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 10. To see if the Town will vote to appropriate the total amount
of State Aid to public libraries received in 1977 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.
(Inserted at the request of Library Trustees)
ARTICLE 11. 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 and sewerage systems,
drains, streets, or buildings that have heretofore been authorized, and
determine whether the money shall be provided by the 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.
(Inserted by Board of Selectmen)
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ARTICLE 12. 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 1978 Annual Town Meeting; or act in any other manner in
relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 13. To see if the Town will authorize the Selectmen to obtain
appraisals on land and on rights therein that they desire to recommend be
acquired by the Town as locations for future streets or for playground or
recreational or open space 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 rights
therein that are recommended for such purposes, appropriate money for such
appraisals and land acquisition and determine whether the money shall be
provided by the tax levy, or by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 14. To see if the Town will vote to authorize the Town
Treasurer, with the approval of the Selectmen, to borrow money from time
to time in anticipation of the revenue for the fiscal year beginning July 1,
1977, and to issue a note or notes therefor, payable within one year, in
accordance with provisions of General Laws, Chapter 44, Section 4 as
amended 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.
(Inserted by Board of Selectmen)
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ARTICLE 15. 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 tax levy, or by transfer from available funds, or by any combination
of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 16. 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 he provided by the 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.
(Inserted by Board of Selectmen)
ARTICLE 17. To see if the Town willvote 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 other-
wise, 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 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.
(Inserted by Board of Selectmen)
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ARTICLE 18. To see 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, and to take by
eminent domain, purchase or otherwise acquire any temporary construction
easements in land necessary therefor; appropriate a sum of money for such
construction and land acquisition, and determine whether the money shall
be provided by the tax levy, or by transfer from available funds, or by
any combination of these methods; or act in any other manner in relation
thereto.
(Inserted by Board of Selectmen)
ARTICLE 19. To see if the Town will vote to install sewer mains and
sewerage systems 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, and acts in
addition thereto and in amendment thereof, 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 shal] be provided by
the 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.
(Inserted by Board of Selectmen)
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ARTICLE 20.To see if the Town will vote to install trunk sewers in
the Amherst Street area of the Town as the Selectmen may determine, subject
to the assessment of bette,uaents or otherwise, in accordance with Chapter 504
of the Acts of 1897, and acts in addition thereto and in amendment thereof,
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 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.
(Inserted by Board of Selectmen)
ARTICLE 21. To sec if the Town will vote to authorize the Board of
Selectmen to apply for and accept any federal or state aid which may become
available for sewer projects in the Town, or act in any other manner in
relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 22. 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 pro-
vided by the 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.
(Inserted by Board of Selectmen)
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 tax levy, or by
transfer from available funds, or by any combination of these methods; or
act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 24. To see if the Town will appropriate a sum of money for
engineering services for an inflow infiltration study of the Town's sewer
system; determine whether the money shall be provided by the tax levy, or
by transfer from available funds, or by any combination of these methods;
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 25. 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 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.
(Inserted by Board of Selectmen)
ARTICLE 26. To see if the Town will appropriate a sum of money to paint
the exterior of the East Lexington Branch Library; determine whether the money
shall be provided by the tax levy, or by transfer from available funds , or by
any combination of these methods; or act in any other manner in relation thereto.
(inserted at the request of Library Trustees)
ARTICLE 27. To see if the Town will appropriate a sum of money to install
a book security system in Cary Memorial Library; determine whether the money
shall be provided by the tax levy, or by transfer from available funds, or by
any combination of these methods; or act in any other manner in relation thereto.
(Inserted at the request of Library Trustees)
ARTICLE 28. To see if the Town will appropriate a sum of money, in
addition to money previously appropriated, for a revaluation of all taxable
property in the Town; determine whether the money shall be provided by the tax
levy, or by transfer from available funds, or by any combination of these
methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 29. To see if the Town will appropriate a sum of money to
purchase a fire truck for the Fire Department; determine whether the money
shall be provided by the tax levy, or by transfer from available funds, or
by any combination of these methods; or act in any other manner in relation
thereto.
(Inserted by Board of Selectmen)
ARTICLE 30. To see if the Town of Lexington will vote to raise and
appropriate a sum of money to be used for services to the Town of Lexington
by the Central Middlesex Association for Retarded Citizens, Inc. (CMARC) in
carrying out its endeavors under the provision of Chapter 19 of the General
Laws, said sum to be raised ($5,000.00) by borrowing, transferring from
available funds or any combination thereof and to be expended by the Lexington
Board of Health as provided in Chapter 40, Section 5, Paragraph 40 C of the
General Laws.
(Inserted at the request of ten or more registered voters)
ARTICLE 31. To see if the Town will appropriate a sum of money for
providing curbside collection of recyclables, and determine whether the
money shall be provided by the tax levy, or by transfer from available
funds, or by any combination of these methods; or act in any other manner
in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 32. To see if the Town will confirm the action of the Board of
Selectmen in designating the Sanitary Landfill as a possible regional re-
source recovery site; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 33. To see if the Town will vote to transfer the care, custody,
management and control of surplus land and buildings no longer needed by the
School Department to the Board of Selectmen; and appropriate money therefor
and determine whether the money shall be provided by the tax levy, or by
transfer from available funds, or by any combination of these methods; or
act in any other manner in relation thereto.
(Inserted by School Committee)
ARTICLE 34. To see if the Town will appropriate a sum of money for
plans and specifications for renovating and adding to the Center Pool Complex
or for conducting feasibility studies for other suitable sites for a swimming
pool complex; determine whether the money shall be provided by the tax levy,
or by transfer from available funds, or by any combination of these methods;
or act in any other manner in relation thereto.
(Inserted at the request of Recreation Committee)
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ARTICLE 35. To see if the Town will appropriate a sum of money for
the construction of four tennis courts; determine whether the money shall
be provided by the tax levy, or by transfer from available funds, or by
any combination of these methods; or act in any other manner in relation
thereto.
(Inserted at the request of Recreation Committee )
ARTICLE 36. To see if the Town will appropriate a sum of money for
the construction of trails for hiking and cross country skiing on town
owned land; determine whether the money shall be provided by the tax levy,
or by transfer from available funds, or by any combination of these methods;
or act in any other manner in relation thereto.
(Inserted at the request of Recreation Committee )
ARTICLE 37. To see if the Town will appropriate a sum of money for
improvements to town owned playfields; determine whether the money shall be
provided by the tax levy, or by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted at the request of Recreation Committee__)
ARTICLE 38. To see if the Town will appropriate a sum of money for the
construction of bicycle paths in such locations as the Recreation Committee
may determine with the approval of the Board of Selectmen; determine whether
the money shall be provided by the tax levy, or by transfer from available
funds, or by any combination of these methods; or act in any other manner
in relation thereto.
(Inserted at the request of Recreation Committee )
ARTICLE 39 . To see if the Town will appropriate a sum of money for the
construction of soccer goal posts at town owned playfields; determine whether
the money shall be provided by the tax levy, or by transfer from available
funds, or by any combination of these methods; or act in any other manner
in relation thereto.
(Inserted at the request of Recreation Committee,)
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ARTICLE 40. To see if the Town will appropriate a sum of money for
lighting the baseball field at the Center playground; determine whether the
money shall be provided by tax levy, or transfer from available funds, or
private funds, or by any combination of these methods; or act in any other
manner in relation thereto.
(Inserted at the request of ten or more registered voters)
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ARTICLE 41. 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 including outdoor
recreation as provided by Section 8C of Chapter 40 of the General Laws,
as amended, 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 10 on Assessors' Property Map 39, now or
formerly of Grey Nuns Charities, Inc. ; and appropriate money therefor and
determine whether the money shall be provided by the 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.
(Inserted at the request of Conservation Commission)
ARTICLE 42. 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 including outdoor
recreation as provided by Section 8C of Chapter 40 of the General Laws, as
amended, 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 26 on Assessors' Property Map 87, now or
formerly of Lucky Penny Trust; and appropriate money therefor and deter-
mine whether the money shall be provided by the 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.
(Inserted at the request of Conservation Commission)
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ARTICLE 48. 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 including outdoor
recreation as provided by Section 8C of Chapter 40 of the General Laws,
as amended, 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 1 on Assessors' Property Map 74, now or
formerly of Cosgrove; and appropriate money therefor and determine whether
the money shall be provided by the 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.
(Inserted at the request of Conservation Commission)
ARTICLE 44. 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 including outdoor
recreation as provided by Section 8C of Chapter 40 of the General Laws, as
amended, 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 3A and 4 on Assessors' Property Map 44, now
or formerly of Foley and Sayre; and appropriate money therefor and determine
whether the money shall be provided by the 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.
(Inserted at the request of Conservation Commission)
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ARTICLE 45. 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 including outdoor
recreation as provided by Section 8C of Chapter 40 of the General Laws,
as amended, 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 111 on Assessors' Property Map 14, now
or formerly of Wilson; and appropriate money therefor and determine whether
the money shall be provided by the 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.
(Inserted at the request of Conservation Commission)
ARTICLE 46. To see if the Town will authorize the Selectmen to trans-
fer to the Conservation Commission for open space and conservation purposes,
including outdoor recreation, as provided by Section 8C of Chapter 40 of
the General Laws, as amended, land shown as Lots 34, 39 and 40A on Assessors'
Property Map 28 and Lots 27, 29 and 38 on Assessors' Property Map 36; or
act in any other manner in relation thereto.
(Inserted at the request of Conservation Commission)
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ARTICLE 47. 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, and authorize the Selectmen to transfer, for conservation pur-
poses including outdoor recreation, as provided by Section 8C of Chapter 40
of the General Laws, as amended, and for road and water retention purposes ,
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 a
parcel of land consisting of lots 21 through 39 inclusive of Block 19, lots 1
through 35 inclusive of Block 20, lots 1 through 16 inclusive and lots 19
through 33 inclusive of Block 21, lots 1 through 15 and lots 18 through 31
inclusive of Block 22, lots 1 through 14 and lots 17 through 30 Inclusive of
Block 23, lots 1 through 22 inclusive of Block 24, lots 1 through 22 inclusive
of Block 25, lots 1 through 22 inclusive of Block 26, lots 1 through 22
inclusive of Block 27, lots 1 through 22 inclusive of Block 28, lots 12
through 20 inclusive of Block 29, lots 2 and 3 of Block 32, lots 16, 17 and
18 and lots 41 through 49 of Block 33, lots 15 through 23 and 41 through 52
of Block 34, lots 14 through 26 and 40 through 52 inclusive of Block 35,
lots 14 through 26 and 40 through 52 inclusive of Block 36, lots 13 through
26 and 39 through 52 inclusive of Block 37, lots 13 through 26 and 39 through
52 inclusive of Block 38, lots 13 through 26 and 37 through 52 inclusive of
Block 39, lots 3, 4, and 5 of Block 55, lots 1 through 4 inclusive of Block 56,
and lots 1 through 25 inclusive of Block 57, all as shown on "Plan of Lots
at Lexington Heights, owned by M. C. Meagher", surveyed by E. A. W. Hammett ,
C.E. , dated July 1892, recorded in Middlesex South District Registry of Deeds ,
Plan Book 77, Plan 24; and appropriate money therefor and determine whether
the money shall be provided by the 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.
( Inserted by Board of Selectmen)
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ARTICLE 48. 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, and
authorize the Selectmen to transfer, for conservation purposes including out-
door recreation as provided by Section 8C of Chanter 40 of the General Laws,
as amended, 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 1 on Assessors' Property Map 6, Lot 142 on Assessors'
Property Map 14, Lots 32 through 38, 41, 42, 68A and 76 on Assessors' Property
Map 24, Lot 8 on Assessors' Property Map 29, Lots 46, 85, 94 on Assessors'
Property Map 55, Lot 108 on Assessors' Property Map 62, Lots 65A, 66, 67 on
Assessors' Property Map 82, Lot 15 on Assessors' Property Map 86, Lots 35
and 36 on Assessors' Property Map 87; and appropriate money therefor and
determine whether the money shall be provided by the 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.
(Inserted at the request of Conservation Commission)
ARTICLE 49. To see if the Town will vote to authorize the Selectmen
and Conservation Commission to convey a portion of Lot 290 on Assessors'
Property Map 13, consisting of approximately 3600 square feet, to the owners
of Lot 289 on such Map; or act in any other manner in relation thereto.
(Inserted at the request of Conservation Commission)
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ARTICLE 50. To see if the Town will vote to transfer the care, custody,
management and control of surplus land shown as Lot 90 on Assessors' Property
Map 31, consisting of approximately 2. 75 acres more or less along the southern
boundary of said parcel, no longer needed by the School Department to the
Board of Selectmen; authorize the Selectmen to convey said parcel to Robert
Cataldo on such terms as they may deem advisable; or act in any other manner
in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 51. To see if the Town will vote to authorize the Selectmen
to accept as a gift from the Reverend Ernest B. Johnson, Jr. parcels of
land bordering on Route 128, shown as lots 106A and 145 on Assessors' Pro-
perty Map 83, for conservation purposes; or act in any other manner in
relation thereto.
(Inserted at the request of Conservation Commission)
ARTICLE 52. To see if the Town will appropriate an additional sum
of money to the Conservation Fund, established by vote under Article 9 of
the Warrant for the Special Town Meeting held on June 8, 1964, and deter-
mine whether the money shall be provided by the tax levy, by transfer from
available funds, or by any combination of these methods; or act in any
other manner in relation thereto,
(Inserted at the request of Conservation Commission)
ARTICLE 53. To see if the Town will authorize the Selectmen to acquire
by purchase, eminent domain or otherwise .for street, playground, recreational
or open space Purposes all or any part of land on Summer Street shown as
Lot 70 on Assessors' Property Map 28, now or foimerl.y of owners unknown; and
appropriate money therefor and determine whether the money shall be provided
by the tax levy, or by transfer from available funds, or by any combination
of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 5L To see if the Town will vote to establish as town ways
and accept the layout of as town ways the following streets:
Lois Lane from Massachusetts Avenue to end;
Suzanne Road from Emerson Road to Mill Brook Road;
Brent Road from Hathaway Road to Emerson Road;
Emerson Road from a point easterly 310 feet more or less
from the end of Suzanne Road, and westerly to the end of
that section of Emerson Road ;
all as laid out by the Selectmen and shown upon plans on file in the office
of the Town Clerk, dated January 14, 1977, 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 streets and for land acquisition; determine whether the money shall
be provided by the tax levy, by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 55. To see if the Town will vote to discontinue a portion of
the following streets
HLnchey Road from Hartwell Avenue a distance of 600 feet more
or less to its end as shown upon a plan on file in the office
of the Town Clerk dated January 19, 1961;
Wood Street from Bedford and Lexington Town Line a distance
of 1000 feet more or less, easterly to the entrance of
Hanscom Field as shown on a plan on file in the office of
the Town Clerk dated January 14, 1977;
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 56. To see if the Town will vote to change the name of four
sections of Emerson Road and one section of Worthen Road; or act in any
other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 57. To see if the Town will raise and appropriate a sum of
money for filing fees in connection with the acceptance of streets; determine
whether the money shall be provided by the tax levy, by transfer from available
funds, or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 58. To see if the Town will vote to amend the General By-Laws of
the Town of Lexington by adding a new Article thereto as follows:
"The fees for storage of gasoline under General
Laws, Chapter 148, Section 13, as amended, shall
be as follows: (a) For issuing the original
license $100 plus the cost of advertising the
public hearing; and (b) For each annual certificate
of registration $50."
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 59. To see if the Town will vote to amend Section 2 of
Article XXXII of the General By-Laws of the Town of Lexington to increase
the membership of the Council on Aging from seven members to eleven members;
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 60. To see if the Town will vote to amend Section 23 of
Article V of the General By-Laws of the Town of Lexington by striking such
Section and substituting therefor the following:
Section 23. The debate on a motion to reconsider shall
be limited to fifteen minutes. The maker of the motion
may speak for not more than five minutes; no other per-
son shall speak for more than three minutes nor more
than once.
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 61. To see if the Town will vote to amend Section 2 of
Article III of the General By-Laws of the Town of Lexington by striking the
words "not less than seven days before the time stated in the warrant for
holding such meeting" and substituting therefor the words "not less than
seven days before the date of the annual town meeting and not less than
fourteen days before the date of a special town meeting"; or act in any
other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 62. To see if the Town will vote to amend Section 30 of
Article V of the General By-Laws of the Town of Lexington by striking out
the number '50' and substituting therefor the number '30; ' or act in any
other manner in relation thereto.
(Inserted at the request of ten or more registered voters)
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ARTICLE 63. To see if the Town will vote to strike Section 4 of
Article XXVI of the General By-Laws of the Town of Lexington by substi-
tuting it with a new section 4 as follows:
No person in the Town of Lexington shall own, possess,
or keep for sale any weapon from which a shot or bullet
can be discharged and which has a barrel length of less
than sixteen inches, but this section shall not prevent
the use or possession of such firearms by military per-
sonnel, law enforcement officers, historical societies,
museums, veterinarians in the practice of their pro-
fession, and certified security guards in the practice
of their duties.
Current owners of handguns must surrender their weapons
to the Lexington Police Department within six months of
the effective date of the act, and will be compensated
at a rate to be determined by the Lexington Board of
Selectmen;
or act in any other manner in relation thereto.
(Inserted at the request of ten or more registered voters)
ARTICLE 64. To see if the Town will vote to dissolve the Standing
Plumbing and Building By-Law Committee created under Article 27 of the
warrant for the November 25, 1963 Special Town Meeting; or act in any
other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 65. To instruct the Board of Selectmen to appoint a committee
to cooperate with the National Science Foundation in conducting a forum,
conference, or workshop to increase public understanding in Lexington of
the impact of research on the alleviation of the problems of old age.
(Inserted at the request of ten or more registered voters)
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ARTICLE 66. To see if the Town will vote to accept Section 8E of
Chapter 40 of the General Laws relating to the establishment of a youth
commission and determine the number of terms of the members who will be
appointed thereto; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 67. To see if the Town will vote to accept Section 9E of
Chapter 32B of the General Laws relating to contributions in excess of
fifty per cent of a premium for certain group life and health insurance
policies for retired employees; or act in any other manner in relation
thereto.
(Inserted by Board of Selectmen)
ARTICLE 68. To see if the Town will vote to accept Section 41B of
Chapter 41 of the General Laws relating to the payment of public employees by
means of direct bank credits; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 69. To see if the Town will vote to accept (A) A gift of money
from the Bicentennial Corporation and (B) A gift of a bandstand to be constructed
on town owned land as designated by the Board of Selectmen; or act in any other
manner in relation thereto.
(Inserted by Board of Selectmen)
ARTICLE 70. To see if the Town will vote to establish a remembrance
fund for the receipt of gifts or bequests for the beautification of any
town owned cemetery; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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ARTICLE 71. To see if the Town will vote to authorize the Lexington
Housing Authority to plan and construct a state-aided housing project for
elderly persons of low income, consisting of not more than sixty dwelling
units, pursuant to General Laws Chapter 121B, Section 39 as amended; or
act in any other manner in relation thereto.
(Inserted at the request of Housing Authority)
ARTICLE 72. To see if the Town will authorize the Selectmen to convey
a parcel of land on the southerly side of Woburn Street shown as parcel
containing 4.4 acres, more or less, on plan entitled "Plan of Land in
Lexington, Mass." dated February 11, 1969, E. Conrad Levy & Assoc. , Surveyors
and Engineers recorded in Middlesex South Registry of Deeds Book 12177,
Page 550, to the Lexington Housing Authority; or act in any other manner in
relation thereto.
(Inserted at the request of Housing Authority)
ARTICLE 73. To see if the Town will vote to amend the Zoning By-Law by
inserting a new subsection 22.48 as follows:
"A district on the southerly side of Woburn Street
as shown on the Zoning District Map No. RM-6 entitled
"RM Garden Apartment Districts", designated thereon
22.48."
or act in any other manner in relation thereto.
(Inserted at the request of Housing Authority)
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ARTICLE 74. 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 75. 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. The Planning Board may grant a special permit for any tract of
land of ten (10) acres or more to be subdivided 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 RD district in Section 27 hereof as
could be contained in 85 per cent 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.
33.32 Such unsubdivided land shall be conveyed to and accepted
by the Town of Lexington, to all homeowners within such tract
jointly, 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, recrea-
tion or park purposes, or to a non-profit organization, the
principal purpose of which is the conservation 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.
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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 per-
petual maintenance as conservation, recreation or park land.
33.34 Access at least 40 feet wide shall be provided each
parcel of such unsubdivided land from one or more streets
in the subdivision.
33.35 A maximum of 20 per cent 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, 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 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 development shall
be accompanied by a preliminary subdivision plan. In addition to the in-
formation 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:
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.
33,61 The general 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 characteristics of the tract in
question.
33.7 Nothing contained herein shall in any way exempt a proposed sub-
division 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 conditions and
modifications, or disapprove a subdivision plan in accordance with the
provisions of such Rules and Regulations and of the Subdivision Control
Law.
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33.8 The Planning Board shall not grant a special permit for the sub-
division 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 or available alternative types
of development the granting of such permit would be detrimental to the
neighborhood or to the Town or will be unlikely to further the purposes
of cluster development. In granting a special permit, the Planning
Board shall impose such additional conditions and safeguards as furthers
the following objectives of Section 2A of Chapter 808 (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 prevent overcrowding of land to avoid undue concentration of population;
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 ammenities.
33.9 The Planning Board, as a condition of the granting of a special permit
under this section shall require, in addition to any security required
pursuant to M.G.L. c.41, 081U or its regulations for the control of sub-
divisions, 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) :
(1) By a proper bond or a deposit of money or negotiable securities,
sufficient in the opinion of the Planning Board 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 conveyed
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.
33.91 The penal sum of any such bond or the amount of any
deposit held under clause one (1) of Section 33.9 of this
By-Law may from time to time be reduced by the Planning
Board and the obligations of the parties thereto released
by said bond in whole or part.
33.92 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 by bond, deposit or covenant, the appli-
cant shall send by registered mail to the Planning Board
an affidavit that the conditions and safeguards in
connection with which such bond, deposit or covenant has
been given have been complied with. If the Planning Board
determines that the conditions and safeguards of the
special permit have been complied with, it shall release
the interest of the Town in such bond and return the bond
or the deposit to the person who furnished the same, or
release the covenant by appropriate instrument, duly
acknowledged. If the Planning Board determines that the
conditions or safeguards included in the special permit
have not been complied with, it shall specify in a notice
sent by registered or certified mail to the applicant the
conditions or safeguards with which compliance is lacking
and upon failure so to do within sixty days after the
receipt by the Board of said statement all obligations
under the bond shall cease and terminate, any deposit shall
be returned and any such covenant shall become void.
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33.10 Subsequent to a special permit granted by 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 manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 76. To see if the Town will vote to amend Section 36 of the
Zoning By-Law by:
1. Striking the words "Board of Appeals" and substituting therefor
"Planning Board" in the following places:
Section 36.12 Line 3
Section 36.2 Line 1
Section 36.21 Line 6
Section 36.24 Line 1, 4
Section 36.29 Line 6, 7, 12
Section 36.3 Line 1
Section 36.6 Line 1
Section 36. 8 Line 2
Section 36.9 Line 9
2. Striking the words "either as recommended by the Planning Board
or upon its own initiative" in Section 36.29.
3. Striking the words "copies of which shall also be submitted to
the Planning Board" in Section 36.3.
4. Striking Section 36.4 and subsections thereof and substituting
therefor the following:
36.4 Factors supporting the grant of a permit. The Planning
Board in evaluating the appropriateness of the proposed develop-
ment shall consider at least the following:
36.41 The general characteristics 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, school, recreation facilities, neighborhood
shopping and service facilities.
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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 development uneconomic.
36.47 A review of the proposed development, including such
aspects as the type or style of buildings, the size of develop-
ment (number of dwelling units) and density per acre, the
arrangement or layout design of buildings and site improve-
ments, 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.
36.48 Whether or not the site, the proposed development layout,
the proposed number, type and design of housing will constitute
a suitable development compatible with the surrounding area.
5. Striking Section 36.5 and renumbering the following sections
accordingly.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 77. 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:
Planned Unit Development District - RD
38.11 Land Uses and Dimensional Control in the Absence of
Special Permit. Except where a special permit has been
granted by the Planning Board 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.
38.12 General Objectives. The RD District is intended to
allow greater flexibility in land use planning for the
development of tracts of land of greater than ten acres,
in terms of density, preservation of open spaces, utili-
zation 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 Planning Board to require
adherence to such site development plans in the granting of
a special permit as hereinafter described.
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38.13 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, floor
plans and exterior materials for proposed buildings 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 development, 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 any
literature authorized by the proponent which has been distri-
buted to Town Meeting Members shall be filed with the Town
Clerk before the vote and shall be part of the site develop-
ment plan.
38.14 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.
38.15 Permissible housing types include all single and multiple-
occupancy housing types used for human occupancy. Any type of
ownership may be permitted. The Planning Board may also permit
commercial establishment which will serve primarily the inhabi-
tants of such planned unit development provided such commercial
establishment will enhance the character, amenities and con-
venience of those who will live in the planned unit development.
38.16 At least 25 percent of the total area of such tract 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 either be conveyed to
and accepted by the Town or its Conservation Commission, conveyed
to a legal association comprised of the homeowners within such
tract, or to a non-profit organization the principal purpose of
which is the conservation of open space. Such open land shall be
included 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 Planning Board 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.
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38.17 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
Planning Board for a special permit under this section shall
be accompanied by the following plans and supporting materials.
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 pro-
posed 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 bedrooms, 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.
38.3 Special Permit Provisions. The Planning Board may grant a special
permit for the development of any tract of land greater than ten acres
in an RD District, subject to the following standards:
38.31 The application for a special permit submitted to the
Planning Board shall include building design and site develop-
ment plans approved by the Town Meeting. The Planning Board
may, in its discretion, permit deviations from the site
development plan approved by the Town Meeting, provided, how-
ever, that the Board shall not permit any increase in the
dwelling unit density, an increase of greater than 10% in
the total floor area, as approved by the Town Meeting, and it
shall not permit any deviations from the number of rooms per
dwelling unit shown in the site development plan approved by
Town Meeting, unless such site development plan, as presented
to Town Meeting, shall state that the data and information
compiled by the developer is insufficient to assure the
feasibility of adhering to the building location and road
location and design shown in the site development plan.
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38. 32 The Planning Board may require dwelling unit density
to be less than that shown on the site development plan
presented 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 deter-
mination, including, among other factors, soil condition,
drainage, traffic or other neighborhood conditions brought
to the Board's attention, and the provision of the usable
open space. The Planning Board may permit dwelling unit
density to be greater than that shown on the site develop-
ment plan approved by the Town Meeting only if the revised
plan submitted with the application provides for at least
25% of the total dwelling units to be low and moderate income
housing, as defined in Section 36 of this by-law. In such
case, the applicant shall provide to the Planning Board
sufficient evidence of appropriate financing for such low
and moderate income dwelling units.
38. 33 Any development peiniitted in an RD District shall
comply with the Schedule of Dimensional Controls for RD
Districts set out in Section 27 of this By-Law.
38.34 Any development permitted in an RD District shall comply
with Design Standards set out in the Planning Board's Rules
and Regulations governing the subdivision of land. Interior
drives within an RD development shall be designed to such
street standards as the Planning Board may require in accordance
with such Rules and Regulations.
38. 35 In granting a special permit, the Planning Board 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 will
secure the objectives of the Zoning Enabling Act as enumerated
in Section 2A of Chapter 808 of the Acts of 1975.. Special
permits issued hereunder shall lapse if no building pe,,mit issues
within two years of the date of the special permit, unless the
Planning Board upon application extends this time.
38.4 Amendment of Special Permit. The Planning Board 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.
38.5 Planning Board Decision and Findings. A Planning Board decision
granting a special permit will be 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 shall he based upon at least the following:
38.51 The general characteristics of the tract in question
and surrounding area.
38.52 An evaluation of the probable impact of the proposed
development on Town services and facilities.
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38.53 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.
38.54 Whether or not the site, the proposed development
layout, the proposed number, type and design of housing will
constitute a suitable development compatible with the sur-
rounding area.
38.55 Whether or not the developer's plans comply with the
design standards of the Planning Board's Rules and Regulations
governing the subdivision of land.
38.6 Denial of Special Permit. The Planning Board may deny an appli-
cation for special permit hereunder and base its denial upon:
38.61 A failure to meet the standards established by sections
38.2 hereof.
38.62 A finding that the proposed development would not be
consistent with the general objectives of RD district development.
38.63 A finding that the proposed development does not sub-
stantially 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 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 dis-
approve a subdivision plan in accordance with the provisions of such
rules and regulations and of the subdivision control law.
38.8 Revisions. Subsequent to a special permit granted by the Planning
Board under the provisions of this section and where applicable, the
approval of a definitive subdivision 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 developer 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 Planning Board.
38.9 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
Planning Board hereunder shall remain valid.
38.91 The Planning Board, as a condition of the granting of a
special permit under this section, shall require, in addition
to any security required pursuant to M.G.L. c.41, §81U or its
regulations for the control of subdivisions, 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) :
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(1) By a proper bond or a deposit of money or negotiable
securities, sufficient in the opinion of the Planning Board
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 safe-
guards included in such special permit shall be performed before
any lot may be conveyed 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.
33.92 The penal sum of any such bond or the amount of any
deposit held under clause one (1) of Section 38.91 of this by-law
may from time to time be reduced by the Planning Board and the
obligations of the parties thereto released by said bond in
whole or part.
38.93 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 by bond, deposit
or covenant, the applicant shall send by registered mail to the
Planning Board an affidavit that the conditions and safeguards
in connection with which such bond, deposit or covenant has been
given have been complied with. If the Planning Board determines
that the conditions and safeguards of the special permit have
been complied with, it shall release the interest of the Town
in such bond and return the bond or the deposit to the person
who furnished the same, or release the covenant by appropriate
instrument duly acknowledged. If the Planning Board determines
that the conditions or safeguards included in the special permit
have not been complied with, it shall specify in a notice sent
by registered or certified mail to the applicant the conditions
or safeguard with which compliance is lacking and upon failure
so to do within sixty days after the receipt by the Board of
said statement all obligations under the bond shall cease and
terminate, any deposit shall be returned and any such covenant
shall become void.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
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ARTICLE 78. To see if the Town will vote to amend the Zoning By-Law
by adding thereto a new Section 39 as follows:
SECTION 39. Except for subdivisions governed by Sections 33,
36 and 38 of this By-Law, no person shall commence development
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 Laws of 1975.
39.2 The Planning Board shall issue a special permit under
this section with such reasonable orders, conditions and re-
quirements concerning the placement of buildings, major topo-
graphic 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 prac-
tical to further sound development and design and avoid sub-
stantial detriment to the neighborhood in which the development
is to occur.
39.3 Each person applying for a special permit under this Section
shall file with the Planning Board three copies each of an appli-
cation and a preliminary site plan. Such application and site
plan shall include adequate 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 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 simul-
taneously 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 filing fee in the
amount provided for in the Rules and Regulations of the Planning
Board, not to exceed the sum of $250.
39.4 The Planning Board shall hold a public hearing after due
notice, as provided in these By-Laws. 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 sub-
division plan. Such final action shall consist of (1) either a
finding and determination that the proposed development be sub-
ject 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 not be inconsistent with the
purposes and objectives of the Zoning By-Law and the Zoning
Enabling Acts.
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39.41 The period within which final action shall be taken may
he 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 submit: 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 file with its records a written
report of its final action on each application with its reasons
therefor.
39.43 In the event that the Planning Board shall fail to take
final action on an application within the period hereinbefore
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 requested.
39.5 The Planning Board shall require security for the performance of the
conditions and requirements of a special permit as follows:
39.51 The Planning Board, as a condition of the granting of a
special permit under this section, shall require, in addition
to any security required pursuant to M.G.L. c41, §81U or its
regulations for the control of subdivisions, that the performance
of the conditions and observance of the safeguards of such special
permit he 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) :
(1) By a proper bond or a deposit of money or negotiable securities,
sufficient in the opinion of the Planning Board 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 safe-
guards included in such special permit shall he performed before
any lot may be conveyed 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 parcelof land, the develop-
ment of which is governed by the special permit.
39.52 The penal sum of any such bond or the amount of any deposit
held under clause one (1) of Section 39.51 of this By-Law may from
time to time he reduced by the Planning Board and the obligations
of the parties thereto released by said bond in whole or part.
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39.53 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 by bond, deposit
or covenant, the applicant shall send by registered mail to the
Planning Board an affidavit that the conditions and safeguards
in connection with which such bond, deposit or covenant has been
given have been complied with. If the Planning Board determines
that the conditions and safeguards of the special permit have been
complied with, it shall release the interest of the Town in such
bond and return the bond or the deposit to the person who furnished
the same, or release the covenant by appropriate instrument duly
acknowledged. If the Planning Board determines that the conditions
or safeguards included in the special permit have not been complied
with, it shall specify in a notice sent by registered or certified
mail to the applicant the conditions or safeguards with which
compliance is lacking and upon failure so to do within sixty days
after the receipt by the Board of said statement all obligations
under the bond shall cease and terminate, any deposit shall be
returned and any such covenant shall become void.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 79. To see if the Town will vote to amend Section 10 of the Zoning
By-Law by striking the words "General Laws, Chapter 40A, Sections 1 to 22 inclusive"
and substituting therefor the words "Section 2A of Chapter 808 of the Acts of
1975"; or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
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ARTICLE 80. 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 violation 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."
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 "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 not
less than six months after the issuance of the building permit
and in cases involving construction, unless such construction is
continued through to completion as continuously and expeditiously
as is reasonable."
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
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ARTICLE g1. To see if the Town will vote to amend Section 12 of the
Zoning By-Law by striking Subsections 12.1, 12.2 and 12. 3 and substituting
therefor the following:
Section 12.1 Appeals - To hear and decide appeals taken by any
person aggrieved by reason of his inability to obtain a permit or enforce-
ment 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 Commissioner, or other administrative official in violation of any
provision of Chapter 40A, General Laws, or of this By-Law. Such appeal
shall he taken within thirty days from the date of the order or decision
being appealed, by filing a notice of appeal, specifying the grounds there-
for, with the Town Clerk.
Section 12.2 Variances - To authorize upon appeal or upon
petition with respect to particular land or structures a variance from the
terms of this By-Law where the Board of Appeals 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 this By-Law would" involve substantial hardship,
financial or otherwise, to the petitioner or appellant, and that desirable relief
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.
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.
Section 12. 3 Special Permits - The Permit Granting Authority shall
have the power to hear and decide applications for special permits for exceptions
as provided in this By-Law, subject to any general or specific rules therein con-
tained, and subject to appropriate conditions , safeguards and limitations on
time or use imposed by the Permit Granting Authority. Such special permit may
be granted when in the judgement of the Permit Granting Authority the public
welfare and convenience will be substantially 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. Special
permits shall only be granted following public hearings held within sixty-five
days after the filing of an application with the Peludt Granting Authority or
within such time as otherwise permitted in this By-Law, a copy of which shall
forthwith be given to the Town Clerk by the applicant. 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 a period of not
less than six months after the issuance of the permit and in cases involving
construction, unless such construction is continued through to completion as
continuously and expeditiously as is reasonable. A special permit shall lapse
two years from the granting thereof if a substantial use thereof 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 two
year 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)
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ARTICLE 82. To see if the Town will vote to amend the Zoning By-Law
by striking Section 14 and all Subsections thereof; or act in any other manner
in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 83. To see if the Town will vote to amend Section 25 of the
Zoning By-Law by:
1. Adding at the end of Subsection 25.31 the words "located
on Jots containing five acres or less".
2. Renumbering Subsections 25.32, 25.33, and 25.34 to
25.33, 25.34 and 25.35 respectively and adding a new
Subsection 2532 as follows:
RO
RS RA RT RD RM CR CH CM CO CS CN CC CB
Commercial greenhouses
on Jots containing
more than five acres Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
3. Adding a new Subsection 25.93 as follows:
RO
RS RH RT RD RM CR CH CM CO CS CN CC CB
25.93 Activities necessary
in connection with per-
mitted scientific research
or scientific development
or related production,
whether or not on the
same lot with such per-
mitted use, provided the
Board of Appeals finds
that such accessory use
does not substantially
derogate from the public
good No No No No No SPS SPS SPS No No No SP SP
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
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ARTICLE 84. To see if the Town will vote to amend Section 40 of the
Zoning By-Law by adding a new definition as follows:
PERMIT GRANTING AUTHORITY: The Planning Board granting special permits
under Sections specifically granting to the Planning Board authority to
grant special permits, and the Board of Appeals granting special permits
tinder all other provisions of the By-Law,
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board)
ARTICLE 85. To see if the Town will vote to amend the General By-Laws of
the Town of Lexington by adding a new Article thereto as follows:
General By-Law For Wetland Protection
SECTION 1
No person shall remove, fill, dredge, build upon or alter any bank, fresh-
water wetland, marsh, wet meadow or swamp bordering on any estuary, creek, river,
stream, pond or lake or any land under said waters or any land subject to flooding
or inundation other than in the course of maintaining, repairing or replacing,
but not substantially changing or enlarging, an existing and lawfully located
structure or facility used in the service of the public and used to provide
electric, gas, water, telephone, telegraph and other tele-communication services
without first filing written notice of his intention to so remove, fill , dredge,
alter or build upon, including such plans as may be necessary to fully describe
such proposed activity and its effect on the environment without receiving and
complying with a permit issued by the Conservation Commission. Said notice shall
be sent by certified mail to the Conservation Commission. Each such notice shall
be accompanied by a filing fee of Twenty-five dollars ($25.) payable to the Town
of Lexington. Copies of such notice shall be sent at the same time, by certified
mail, to the Town Engineer, Board of Selectmen, Planning Board and the Board of
Health. Such notice may be sent before any or all permits, variances and approvals
required by the Zoning By-Law or by the Subdivision Control Law and the Regulations
of the Planning Board thereunder have been obtained. Upon written request of
any person, the Conservation Commission shall within 21 days make a written
determination as to whether this By-Law is applicable to any land or work thereon.
Where such person is other than the owner notice or any such determination shall
be sent to the owner and to the person making such request.
SECTION 2
The Conservation Coumiission shall hold a public hearing on the proposed
activity within 30 days of the receipt of said notice. Notice of the time and
place of said hearing shall be given by the Conservation Commission at the expense
of the applicant, not less than five days prior to such hearing by publication
in a newspaper of general circulation in Lexington, and by delivering or mailing
a notice thereof to the applicant, to the Board of Health, Board of Selectmen,
the Town Engineer and the Planning Board, to abutters of the land (as determined
by the most recent assessor's records) on which the proposed activity is to take
place and to such other persons as the Conservation Commission may determine.
The Conservation Commission, the Town Manager, the Town Engineer, the Planning
Board, their agents, officers and employees may enter upon privately owned land
without liability of any kind for the purpose of performing the duties under
this Section.
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SECTION 2.1
If, after said hearing, the Conservation Commission determines that the land on
which the proposed work is to be done is probably significant to public or
private water supply, to the ground water supply, to flood control, to storm
damage prevention, to other water damage prevention, to the prevention of
pollution, to the protection of surrounding land and other homes or buildings,
and to the protection of streams, ponds or other bodies of water, shall, by
written order, within 21 days or such further time as the Commission and the
applicant shall agree on, impose such conditions as are reasonably necessary
for the protection of the interests described herein and all work shall be
done in accordance therewith. The conditions may include a condition that
certain land or portions thereof not be built upon or altered, filled or dredged,
that streams not be diverted, dammed or otherwise disturbed.
SECTION 2.2
If the Conservation Commission makes a determination that the proposed activity
does not require the imposition of such conditions, the applicant and all others
who have received notice of such hearing by mail shall be notified of such deter-
mination within 21 days after said hearing.
SECTION 2.3
The Conservation Commission shall not impose additional or more stringent
conditions as a result of any hearing conducted by it pursuant to General Laws,
Chanter 131, Section 40 than it has imposed pursuant to the provisions of this
By-Law, nor shall it require from an applicant who filed a notice of intention
pursuant to General Laws, Chapter 131, Section 40 additional materials or data
than is required of him pursuant to the application filed under this By-Law.
SECTION 3
This By-Law shall not amply to any emergency project as defined in General
Laws, Chapter 131, Section 40, to any mosquito control project authorized by
any laws of the Commonwealth or to any work performed for normal maintenance
or improvement of agricultural lands.presently in agricultural use.
SECTION 4
Any person who purchases, inherits or otherwise acquires real estate upon
which work has been done in violation of the provisions of this By-Law or in
violation of any order issued under this By-Law shall forthwith comply with
any such order or restore such land to its condition prior to any such violation.
The Town Manager and the Board of Selectmen shall, upon request of the Con-
servation
Commission, instruct Town Counsel to take such legal action as may
be necessary to restrain a violation of this By-Law, and enforce the orders of
the Conservation Commission hereunder, and the Town Counsel shall forthwith
comply with such instructions.
SECTION 5
The Conservation Commission may promulgate after due notice and public hearing
Rules and Regulations to effectuate the purposes of this By-Law. However,
failure by the Commission to promulgate such rules and regulations or a legal
declaration of their invalidity by a court of law shall not act to suspend or
invalidate the effect of this By-Law.
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SECTION 6
The applicant shall have the burden of proving by a preponderance of the
credible evidence that the work proposed by him in his notice of intention will
not cause significant harm to the interests sought to be protected by this By-
Law. Failure to provide to the Conservation Commission adequate evidence for
it to determine that the proposed work does not cause significant harm to the
interests sought to be protected by this By-Law shall be sufficient cause for
the Conservation Commission to deny such permit or to grant such permit with
such conditions as it deems reasonably necessary or desirable to carry out the
purposes of this By-Law or to postpone or continue the hearing to another date
certain to enable the applicant and others to present additional_evidence,_upon
such terms and conditions as seems to the Commission to be just.
SECTION 7
The following definitions shall apply in the interpretation and imple-
mentation of this By-Law.
Section 7.1 The term "applicant" as used in this By-Law shall mean a
person giving notice of intention to build, remove, fill, dredge or alter.
Section 7.2 The term "person" as used in this By-Law shall include any
individual, group of individuals, associations, partnerships, corporations,
business organizations, trust, estate, Commonwealth of Massachusetts when
subject to town By-Laws, any public or quasi-public corporation or body when
subject to town By-Laws or any other legal entity, including the Town of
Lexington or its legal representatives, agents or assigns.
Section 7.3 The terms ponds, freshwater wetlands, swamps, wet meadows,
bogs, as used in this By-Law shall be defined as defined in c 1 General Laws
Chapter 131 Section 40.
Section 7.4 The word "alter" shall be defined as including but not
limited to one or more of the following actions upon areas described in the act.
(a) the removal, excavation or dredging of soil, sand, gravel or
aggragate material of any kind;
(b) the changing of pre-existing drainage characteristics, flushing
characteristics, salinity distribution, sedimentation patterns, flow patterns
and flood storage retention areas;
(c) the drainage or disturbance of the water level or water table, the
dumping, discharging or filling with any material which could degrade the
water quality;
(d) the driving of piling, erection of buildings or structures of any kind;
(e) the placing of obstructions whether or not they interfere with the
flow of water;
(f) the destruction of plant life, including the cutting of trees, which
might result in environmental damage to the land or a part thereof rendered
by this By-Law;
(g) the changing of water temperature, biochemical oxygen demand and
other natural characteristics of the receiving water;
(h) any activities, changes or work which pollutes any stream or body
of water, whether located in or out of the Town of Lexington.
-45-
Section 7.5 "Banks" shall be defined as land adjoining any body of water
which serves to confine said water.
Section 7.6 "Bordering" shall be defined including any land within either
of the following:
(a) 150 feet horizontally lateral from the bank of any beach, marsh,
meadow or swamp bordering an estuary, creek, river, stream, pond, lake or
wetland.
(b) 150 feet horizontally lateral from the water elevation of the 100
year storm or whichever is the greater distance of (a) or (b) .
Section 7. 7 The Conservation Commission may in its rules and regulations
provide such other definitions, or terms used in this By-Law, as it deems
useful in order to carry out its obligations under this By-Law.
SECTION 8
The Conservation Commission may, as part of its order of conditions,
require, in addition to any security required by any other town or state Board,
Commission, agency or officer, that the performance and observance of the
conditions imposed hereunder 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) :
(1) By a proper bond or a deposit of money or negotiable securities,
sufficient in the opinion of the Conservation Commission to secure perfor-
mance of the conditions and observance of the safeguards of such order of
conditions.
(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 order of conditions shall be performed before any lot may be conveyed
other than by mortgage deed.
SECTION 9
Whoever violates any provision of this By-Law shall be punished by a fine
of not more than $200. Each day or portion thereof of continuing violation
shall constitute a separate offense. This By-Law may be enforced by any Town
Police Officer or other officer having police powers.
or act in any other manner in relation thereto.
(Inserted at the request of Planning Board
and Conservation Commission)
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ARTICLE 86. To see if the Town will vote to add the following
described parcel of land under Section 22 RD - multi-family dwelling
districts :
A parcel of land on the Southerly side of East Street bounded and
described as follows :
NORTHERLY by East Street, 908.2 feet;
NORTHWESTERLY by the intersection of East Street and Adams Street,
128.4 feet;
SOUTHWESTERLY by land of the Town of Lexington, 386.6 feet and
602 feet;
SOUTHWESTERLY by land now or formerly of George and Barbara Estey,
346. 7 feet;
SOUTHERLY by Colony Road, 110 feet;
EASTERLY by land now or formerly of Walter & Marie Lojek,
200.3 feet;
SOUTHERLY by land of said Lojek and by land now or formerly
of Kenneth & Virginia MacWilliams, 200 feet;
WESTERLY by land of said MacWilliams, 45 feet;
SOUTHERLY by land now or formerly of Frank Lawrence et ux
and by land now or formerly of Francis Coscia et
ux, 180 feet;
SOUTHEASTERLY by land now or formerly of George Greenlaw et ux
and by land now or formerly of Eugene Carter et ux,
201.4 feet;
SOUTHWESTERLY by land of said Carter, 150 feet;
SOUTHEASTERLY by Grant Street, 100 feet;
NORTHEASTERLY by land now or formerly of Carlson, 200 feet;
SOUTHEASTERLY by land now or formerly of Carlson, 90 feet;
SOUTHWESTERLY by land now or formerly of Carlson, 100 feet;
SOUTHEASTERLY by land of Carlson by three courses measuring
respectively, 81.5 feet, 12.4 feet and 360.4 feet;
NORTHEASTERLY by land now or formerly of Carlson, 107.9 feet;
SOUTHEASTERLY by land of said Carlson, 140 feet;
NORTHEASTERLY by East Street, 240 feet;
NORTHWESTERLY by land now or formerly of Francis M. Baskin,
101.9 feet and 110.2 feet;
NORTHEASTERLY by land of said Baskin, 131.97 feet;
SOUTHEASTERLY and
EASTERLY by land of said Baskin, 70 feet and 115.80 feet;
NORTHEASTERLY by East Street, 50.4 feet;
WESTERLY by land now or formerly of V. M. Weinmayer,
122.4 feet;
NORTHERLY by land of said Weinmayer, 124.8 feet;
EASTERLY by land of said Weinmayer, 128 feet.
(Inserted at the request of ten or more registered voters)
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ARTICLE 87. To see if the Town will vote to amend the Zoning By-Law
as follows:
To see if the Town will vote to amend the Zoning By-Law by
adding thereto a new Section 39 as follows:
SECTION 39 SALES AND SERVICE DISTRICT--CT
39.11 Dimensional Control in the Absence of Special Permit.
Except where special permit has been granted by the Board of
Appeals, dimensional controls in CT Districts shall be the
same as those of the CH District.
39.12 General Objectives.
The CT District is entitled to allow greater flexibility in land
use planning for the development of tracts of land of 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 the sales, service
and storage of automobiles, both new and used; to insure that site
development plans will be presented to the Town Meeting in con-
nection with a proposal to rezone a tract of land to CT; and to
enable the Board of Appeals to require adherence to such site
development plans in the granting of a special permit as here-
inafter described.
39.13 Town Meeting Presentation.
The site development plans presented to the Town Meeting for the
proposed development should show in a general manner, but drawn
to scale, the proposed locations, types, floor plans and designs
for proposed buildings, drives, parking areas, the proposed
grading, drainage system and the proposed location of open space.
The said plan should show the proposed density of building and the
extent of open space.
39.2 Special Permit Provisions.
The Board of Appeals may grant a special permit for the development
of any tract of land greater than five (5) acres in a CT 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 site development
plans will be expected to conform substantially to the site develop-
ment plan presented to the Town Meeting. The Board of Appeals may,
in its discretion, permit deviations from the site development plans
presented to the Town Meeting, provided however, that the Board
shall not permit any increase in the building unit as presented to
the Town Meeting in excess of twenty (20Z) percent of the size of
the building as proposed.
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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, open
space, planting, screening, landscaping and other improvements
and the location and outlines of proposed buildings. It should also
contain preliminary architectural drawings for the building plans,
including typical floor plans , elevations and sections. Copies of
the aforesaid plans shall be submitted to the Planning Board at
the same time that they are submitted to the Board of Appeals.
39.5 Planning Board Report of Recommendations.
The Planning Board shall submit in writing to the Board of Appeals
its report of recommendations as to the appropriateness of the pro-
posed development as it relates to the presentation made to the Town
Meeting.
39.6 Board of Appeals Action.
The Board of Appeals shall not take any action on an application
for a special permit for CT 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 sub-
mission of the application. Where its decision differs from the
recommendation of the Planning Board, the Board of Appeals shall
state in its decision the reasons therefor.
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 presented to the Town Meeting in connection
with the proposed rezoning of the tract to CT.
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 regu-
lations, with the development under such special permit shall other-
wise 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.
39.9 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.
Or act in any other manner in relation thereto.
(Inserted at the request of ten or more registered voters)
-49-
ARTICLE 88. 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:
CT--SALES AND SERVICE DISTRICTS
B. By inserting in SECTION 25--USE REGULATIONS SCHEDULE, after the
column headed CB a new column headed CT and having the same symbols
opposite the various use designations as now appear in the column
headed CS, except for the following:
25.53--SPS
25.54--SPS
C. By inserting in SECTION 27--SCHEDULE OF DIMENSIONAL CONTROLS after the
column heading entitled CB a new column heading entitled CT and pro-
viding in the CT District the same schedule of dimensional controls
as exist in the CH District.
D. By inserting in SECTION 32.1--SCHEDULE OF REQUIRED PARKING AND LOADING
a CT District beside each requirement 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 and additional
district labeled CT.
Or act in any other manner in relation thereto.
(Inserted at the request of ten or more registered voters)
-50-
ARTICLE 89. 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 CT--SALES AND SERVICE DISTRICT, by revising the zoning map and
adopting a new zoning map No. CT-1 showing as a CT 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 for-
merly 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 ten or more registered voters)
-51-
ARTICLE 90. To see if the Town will vote to appropriate a sum of money
from available funds toward the reduction of the tax rate for the fiscal year;
or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
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 seventh day of February, A.D. , 1977.
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A true copy, Attest:
Cons't �e of Lexington
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7 p,
CONSTABLE'S RETURN
aT 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 ,./.6) days before the time of said meeting.
Attest:
Constaabl.e of Lexington