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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 • 9 -2- 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. -3- 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. -4- 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 . z=- -5- 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 . 3 -6- 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 . -7- 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 . -8- 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 -9- 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. -10- 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 -11- 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. -12- 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 ??,/7 (677 �� tGLee_e_.- , Selectmen C'C%6,}21 Imo. ` G�� /!L�c of / / l ,a Lexington i.. et t --s<" 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