HomeMy WebLinkAbout1958-05-12-STM-Warrant TOWN WARRANT
Commonwealth of Massachusetts Middlesex, ss .
To either of the Constables of the Town of Lexington, in said County,
Greeting:
In the name of the Comm.onwealtb of Massachusetts, you are directed to
notify the inhabitants of the Town of Lexington, qualified to vote in elections
and in Town affairs, to meet in Cary Memorial Hall, in said Town on Monday, the
twelfth day of May, 1958, at 8:00 P.M. then and there to act on the following
articles:
ARTICLE 1. To receive the reports of any board of Town officers or of any
committee of the Town.
ARTICLE 2. To see if the Town will vote to install water booster pumps at
locations to be determined by the Selectmen, and appropriate a sum of money
therefor and determine whether the money shall be provided by the current tax
levy or by transfer from available funds, including any special water funds, or
by any combination of these methods; or act in any other manner in relation
thereto.
ARTICLE 3 . To see if the Town will authorize the Selectmen on behalf of
the Town to purchase , take by eminent domain or otherwise acquire for street,
school, playground and recreational purposes, and other public purposes, a
parcel of land situated on the northerly side of Massachusetts Avenue in Lex-
ington believed to belong to Andrew E. Millyan and Margaret K. Millyan and to
contain 68,700 square feet, more or less; and appropriate a sum of money
therefor and determine whether the same shall be provided by the current tax
levy or by transfer from available funds, including any unexpended balances
in current appropriations, or by borrowing, or by any combination of these
methods; or act in any other manner in relation thereto.
ARTICLE 4. To see if the Town will authorize the Selectmen on behalf of
the Town to purchase, take by eminent domain or otherwise acquire for street,
school, playground and recreational purposes, and other public purposes, a
parcel of land situated on the southwesterly side of Middleby Road in Lexington
believed to belong to Diomedi Famosi, Trustee of Middleby Realty Trust and to
contain twenty-eight and one-half acres, more or less; and appropriate a sum
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of money therefor and determine whether the same shall be provided by the
current tax levy, by transfer from available funds, including any unexpended
balances in current appropriations, or by borrowing, or by any combination
of these methods; or act in any other manner in relation thereto.
ARTICT•F 5. To see if theTown will authorize the Selectmen to obtain on
loan additional voting machines and appropriate a sum of money to defray
transportation and insurance expenses on such machines, and determine whether
the money shall be provided by the current tax levy or by transfer from
available funds ; or act in any other manner in relation thereto.
ARTICT,F 6. To see if the Town will vote to establish as a town way,
and accept the layout of as a town way, Asbury Street from Paul Revere Road
a distance of 560 feet, more or less, northerly to Balfour Street as laid out
by the Selectmen under the Betterment Act and shown upon a plan on file in the
office of the Town Ulerk, dated April 7, 1958, and to. take by eminent domain
or otherwise acquire any fee, easement or other interest in land necessary
therefor; appropriate money for the construction of said street and for
land acquisition and determine whether the money shall be provided by the
current tax levy, by transfer from available funds, including any unexpended
balances in current appropriations, or by borrowing, or by any combination
of these methods; or act in any other manner in relation thereto.
ARTICLE 7 . To see if the Town will authorize the Standing School Building
Committee to prepare final plans and specifications, to obtain bids and to
enter into a contract or contracts for the construction and original equip-
ping and furnishing of a new junior high school building on land situated
easterly of Burlington Street and northwesterly of Adams Street that was
purposes
acquired for school and playground/in 1957, and to supervise the work; and
appropriate a sum of money for such purposes and determine whether the money
shall be provided by the current tax levy, or by transfer from available funds,
including any unexpended balances in current appropriations, or by borrowing,
or by any combination of these methods; or act in any other manner in relation
thereto.
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ARTICLE 8. To see if the Town will vote to amend the Building By-Law by
striking out Article XIX Signs and will vote to adopt a new Sign By-Law as
recommended by the Building and Plumbing By-Laws Study Committee, copies of
which entitled "Proposed Sign By-Law" and dated April, 1958, are on file in
the offices of the Town Clerk, the Building Department and the Board of Select-
men and open to public inspection; or act in any other manner in relation
thereto.
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ARTICLE
4-ARTICLE 9. To see if the Town will vote to amend the Zoning
By-Law to provide for an additional type of zoning district to be
designated C 4-Regional Shopping Center Districts , as follows :
1. By adding in Section 3 Districts Defined the following
new paragraph:
(i) C 4-Regional shopping center districts .
2 . By striking out the word "or" between the words "Al" and
"C3" in paragraph (a) of Section 4 Geographical Descriptions
of Districts and by substituting therefor a comma and by
inserting between the words "C3" and "district" of said
the
paragraph/words: - or C 4.
3 . By changing certain land from an H 1 District to a C 4 District
by adding in Section 4 Geographical Descriptions of Districts
the following new paragraphs:
( i) C 4-Regional shopping center districts .
1. A district situated northeasterly of the Cambridge-Concord
Highway (Route 2) and easterly of the Northern Circumferential
Highway (Route 128) and bounded and described as follows:
Southeasterly by Spring Street,
Southwesterly by the Cambridge-Concord Highway (Route 2) and
the A o Route 2-Route 128 Interchange , so-called,
Westerly by the Northern Circumferential Highway (Route 123) ,
Northerly by land now or formerly of the Josiah Willard Hayden
Recreation Centre, Inc . ,
Northeasterly by lots 232 to 251, both inclusive , on Land Court
Plan 6962D,
Northwesterly by lot 252 on said plan, and
Northeasterly again by land now or formerly of Swenson by a line
parallel with and distant 200 feet southwesterly from the south-
westerly line of Shade Street .
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4.
.-5-4. By adding under Section 5 Permitted Buildings and Uses the
following new paragraph:
(i) C 4 Districts .
1 . A regional Shopping Center, as hereinafter defined, is permitted
with the following buildings and uses :
a . Retail stores .
b . The following personal service facilities : barber or beauty shop,
physical conditioning and reducing salon, photographic studio, travel
agency, shoe and hat repair shop, laundry and cleansing pick-up
station, dressmaker, milliner or tailor shop ,and household appliance
or equipment repair or instruction shop.
c . Restaurants and other places for serving food, with the exception
of diners and lunch carts so-called which are hereby expressly
prohibited.
d-. Retail gasoline , oil and greasing stations and places of business
for the sale and installation of tires and other automobile
accessories, but excluding garages for storage or repair of motor
vehicles, and salesrooms, showrooms or any area or facilities
for the sale of motor vehicles .
e . Banks and postal substations .
f . The following additional buildings and uses are permitted subject
to permission from the Board of Appeals:
(1) Theaters and other enclosed places of amusement .
(2) Personal service facilities found by the Board to be similar
to those set forth in subparagraph b. above .
2. For the purpose of this by-law a "Regional Shopping Center" is
defined to be a group of stores and buildings and a land area of
not less than fifty (50) acres (1) planned to serve
a regional population and not merely the population of the Town
of Lexington, (2) planned, designed and developed as a unit, in one
or more stages, and (3) operated and managed, after construction,
as a unit .
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3 . All merchandise and all sale and display facilities and activities
shall be entirely within fully enclosed buildings, except the sale
of gasoline and oil at stations permitted under subparagraph d, of
paragragph 1. above, and except as shall be expressly permitted
by the Board of Appeals .
5. By inserting after the word "C 3" in paragraph (b) of Section 7
Height Regulations the following:-, C LF - so that said paragraph
(b) will read as follows:
(b) In C 2, C 3, C 4 and H 1 districts the maximum height of
buildings shall be fifty-five feet.
6 . By amending Section 8 as follows:
A . By striking out the title "Area, Frontage and Yard Regulations"
and substituting in place thereof the title - Area, Frontage,
Yard, Off-Street Parking and Site Plan Regulations .
B . By adding the following new paragraph:
(i) C LL Regional Shopping Center Districts .
1. In C LL districts the entire land within the district shall be
deemed to be a single lot for all purposes under this by-law.
2. In C L districts there shall be provided
a . Open spaces on such lot of not less than 200 feet between each
boundary line of such lot and the permitted buildings and structures
thereon. Where such lot bounds on a street, the exterior line of
the street shall be deemed to be the boundary line for the
purpose of this subparagraph.
b . An open area on such lot, not occupied by any building, structure,
or open sales area, of not less than seventy-five (75) per centum
of the area of such lot .
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c . Parking area (including access drives and aisles ) on such
lot for automobiles or other vehicles containing not less than
three (3) square feet for each square foot of gross floor area
of the buildings and structures on such lot .
The open spaces and area required under subparagraphs a and b
above may be used for parking area if otherwise lawful .
d. Adequate space on or under the surface of such lot, adjacent
to the buildings and structures to be served, for loading and
unloading purposes, including maneuvering space , for service
vehicles .
3 . In C !} districts, all buildings shall be constructed, reconstructed,
altered, enlarged or used and the premises shall be used for a
permitted purpose only in conformity with a site plan for such lot ,
bearing an endorsement of approval by the Board of Appeals .
a . The owner of the lot for which a site plan approval is desired
shall submit such site plan to the Board of Appeals in accordance
with procedure prescribed by the Board and no building permit
shall be issued for• any existing or proposed building or structure
on such lot until a site plan showing such building or structure
has been approved by the Board and then only if such building
or structure conforms to such site plan as approved.
b. The site plan shall present a unified and organized arrangement
of buildings, structures and service facilities and shall show,
among other features , the grouhd area and location of all existing
and proposed buildings, structures, parking areas, loading and
unloading spaces , driveways, driveway openings and other uses; all
facilities for water service , sewage, refuse and other waste
disposal services , outdoor lighting, and water drainage ; and all
principal landscape features such as fences , walls , walks, and plant-
ing areas, including screening of such lot, if reasonably necessary,
from P 1 and R 2 districts on which such lot abuts .
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The site plan shall include separate drawings showing a unified
general exterior architectural design for all proposed buildings
and structures, the style and type of such design, however, shall
not be subject to approval by the Board of Appeals . In granting
approval of a site plan the Board may determine the extent to which
there shall be access to such lot from an abutting street .
c . Before approving applications for site plan approval under this
paragraph, the Board shall assure to a degree consistent with a
reasonable use of such lot for the purpose permitted by the regula-
r tions of the districts:
1 . Protection of other premises in the neighborhood against detrimental
or offensive uses on such lot .
2 . Convenience and safety of vehicular and pedestrian movement on such
lot and in relation to streets, ways and land in the neighborhood
of such lot .
3 . Adequacy of the facilities for sewage , refuse and other waste
disposal and for water drainage .
d. The site plan may be submitted to the Board of Appeals in stages or
as a complete plan and, in either case, the Board in acting on a
site plan may approve it in whole or in part . Whenever successive
site plans are submitted, any feature approved by the Board on a
prior site plan shall be deemed to be approved if shown materially
unchanged on a subsequent site plan, unless the Board determines
that new or changed features on the subsequent site plan materially
affect the feature that otherwise would be deemed to be approved.,
e . In approving a site plan, the Board shall have the power to authorize
such deviation from the site plan as approved as the Board specifies
in its approval endorsement. The Board shall have the power to
modify or amend its approval of a site plan on application of anyone
having a property interest in such lot or upon its own motion if such
power is reserved by the Board in its approval endorsement . All
provisions applicable to an approval of a site plan shall, where
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pertinent, be applicable to a modification or amendment of an
approval .
f . Upon receipt of a site plan or of an application for modification
or amendment of its approval of a site plan or before modifying
or amending its approval of a site plan on its own motion, the
Board of Appeals shall transmit to the Planning Board the site
plan and the application or proposal for modification or amendment
of its approval of a site plan. The Planning Board shall consider
the site plan and any application or proposal for modification or
amendment of any approval of a site plan and shall submit a final
report thereon with recommendations to the Board of Appeals .
The Board of Appeals shall not approve a site plan and shall not
modify or, amend its approval of a site plan until such final
report of the Planning Board has been submitted to it or until
thirty days have elapsed after the transmittal to the Planning
Board of the site plan or application or proposal for modification
or amendment of approval of a site plan, without such report
being submitted.
ARTICLE 10 . To see if the Town will vote to amend the Zoning By-Law
by adding in Section 2 Definitions the following two paragraphs:
(q) Municipal; The word "municipal" means the Town of Lexington.
(r) Public . The word "public" means the Town of Lexington.
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ARTICL,F 11. To see if the Town will vote to amend Section 8,
Area, Frontage and Yard Regulations, of the Zoning By-Law by striking
out all of paragraph (e ) Ml Districts and substituting in place
thereof the following:
(e) M1 Districts
1. In Ml districts there shall be provided:
a . For each permitted principal building, other than those
permitted in R1 or R2 districts, a lot containing an area
of not less than four acres and a frontage of not less
than 300 feet upon the frontage street .
b . For each such building and accessory building:
(1) A front yard of not less than 50 feet in depth on
each street upon which the lot abuts .
(2) A side yard on each side of not less than 40 feet in
width.
(3) A rear yard of not less than 50 feet in depth.
Provided however, that if a boundary of the lot abuts on
land in a district other than an Ml district, the side
or rear yard requirement, for the yard having as its
exterior line the boundary of the lot which abuts the
land in the other district, shall be not less than
60 feet in width or depth as the case may be .
c . In particular instances, the Board of Appeals may permit
such principal building to be erected on a lot containing
an area or frontage, or both, of less than the minimum
area or frontage requirements specified in subparagraph a .
above, if at the time of the adoption of said minimum
requirements such lot was lawfully laid out and recorded
by plan or deed and did not adjoin other land of the same
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owner available for use in connection with such lot,
provided that the Board determines that such permission
can be granted without substantial derogation from the
intent and purposes of this By-Law. A lot resulting
from a taking by eminent domain after the adoption of
said minimum requirements shall be deemed for the
purposes of this subparagraph to have been lawfully
laid out and recorded by plan or deed at the time of
such adoption, if the larger lot of which it was a
part before such taking was so laid out and recorded.
In granting such permission, the Board may permit
front, side or rear yards of less than the minimum
yard requirements specified in subparagraph b. above .
d. For each such principal building, an 'open area on the lot,
not occupied by any building, of not less than 75 per
centum of the area of the lot, which may be used for
parking area if otherwise lawful .
e . No parking or loading area on the lot shall be located
within 10 feet of the exterior line of any street on
which the lot abuts and, if a boundary line of the lot
abuts on land in a district other than an M1 district,
no such parking or loading area shall be located within
10 feet of such boundary line .
f. Parking and loading areas on the lot shall be provided
with adequate driveways, not more than 25 feet in width,
providing access to a street. The entrance of all
driveways to a street shall be subject to approval in
writing by the Planning Board.
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g. For each principal building permitted in R1 or R2
districts, the same lot area and frontage, and for
each such building and accessory building the same
front, side and rear yards, as would be required
if the lot were situated in an R1 or R2 district .
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 twenty-first day
of April, A . D. , 1958. 1-9
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�� tGLee_e_.- , Selectmen
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l ,a Lexington
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CONSTABLEtS RETURN
To the Town Clerk May 2 , 1958
I have served the foregoing warrant by posting a printed
copy thereof in five (5) public places in the Town and also by
sending by mail, postage prepaid, a printed copy of such warrant
addressed to every registered voter of the Town at his last
residence, as appears from the records of the Board of Registrars
of Voters f days before the time of said meeting.
Attest:
Constable of Lexington