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HomeMy WebLinkAbout1969-03-03-TE-Warrant-and-1969-03-17-ATM-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 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, ADAMS SCHOOL; PRECINCT THREE, CARY MEMORIAL BUILDING; PRECINCT FOUR, SENIOR HIGH SCHOOL; PRECINCT FIVE, CENTRAL FIRE STATION; PRECINCT SIX, MARIA HASTINGS SCHOOL, on Monday, the third day of March, A.D. 1969, 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; One member of the School Committee for the term of three years; One Cemetery Commissioner 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 Collector of Taxes for the term of one year; One Town Clerk for the term of one year; One Town Treasurer for the term of one year; One member of the Lexington Housing Authority for the term of five years. -2- Twelve Town Meeting Members in Precinct One, the eleven receiving the highest number of votes to serve for the term of three years, and the one receiving the next highest number of votes to fill an unexpired term ending March, 1971; Twelve Town Meeting Members in Precinct Two, the eleven receiving the highest number of votes to serve for the term of three years, and the one receiving the next highest number of votes to fill an unexpired term ending March, 1970; Eleven Town Meeting Members in Precinct Three for the term of three years; Fifteen Town Meeting Members in Precinct Four, the eleven receiving the highest number of votes to serve for the term of three years, and the two receiving the next highest number of votes to fill unexpired terms ending March, 1971, and the two receiving the next highest number of votes to fill unexpired terms ending March, 1970; Thirteen Town Meeting Members in Precinct Five, the eleven 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, 1971, and the one receiving the next highest number of votes to fill an unexpired term ending March, 1970; Eleven Town Meeting Members in Precinct Six for the term of three years. To vote YES or NO by ballot on the following question: ?"Shall an act passed by the General Court in the year nineteen hundred and sixty-eight, entitled 'An Act establishing a selectmen-town manager form of government in the town of Lexington? , be accepted?" -3- 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 seventeenth day of March, 1969 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 appoint or provide for the appointment of the Committee on lectures under the wills of Eliza Cary Farnham and Susanna E. Cary. ARTICLE L}. To see if the Town will make appropriations for expenditures by departments, officers, boards, and committees of the Town for the ensuing year and determine whether the money shall be provided by the current 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 relation thereto. ARTICLE 5. To see if the Town will establish the salary and compensation of the Town Treasurer, Town Clerk, and Collector of Taxes, being all the elected officers of the Town on a salary basis, as provided by Section 108 of Chapter 41 of the General Laws, and raise and appropriate the funds necessary therefor; or act in any other manner in relation thereto. ARTICLE 6. To see if the Town willNote 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 financial years beginning January 1, 1969 and January 1, 1970, and to issue a note or notes therefor, payable within one year, in accordance with provisions of General Laws, Chapter 44, Section L}, 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. -4- ARTICLE 7. To see if the Town will transfer unexpended appropriation balances in any of the accounts to the Excess and Deficiency Account, or to other accounts suitable for such transfer under Chapter 44 of the General Laws; or act in any other manner in relation thereto. ARTICLE 8. To see if the Town will raise and appropriate money to pay any unpaid bills rendered to the Town for prior years; or act in any other manner in relation thereto. ARTICLE 9. 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 current 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. ARTICLE 10. To see if the Town will authorize the Selectmen to petition the Director of Accounts of the State for an audit for the year 1969; or act in any other manner in relation thereto. ARTICLE 11. To see if the Town will raise and appropriate funds for the payment of pensions to retired members of the Police and Fire Departments and their dependents under Chapter 32 of the General Laws; or act in any other manner in relation thereto. ARTICLE 12. To see if the Town will authorize the Board of Selectmen to appoint one of its members to the Board of Appeals, in accordance with Section 4A of Chapter 41 of the General Laws; or act in any other manner in relation thereto. -5- ARTICLE 13. To see if the Town will authorize the Permanent Building Committee, appointed under authority of the vote adopted under Article 73 of the Warrant for the 1967 Annual Town Meeting, to enter into a contract or contracts for the construction and original equipping and furnishing of a new Junior High School on the parcel of land situated on and off Marrett Road that was acquired for school, playground and other public purposes in 1965, and to supervise the work; appropriate money for such purposes and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 14, To see if the Town will vote 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 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 be provided by the current 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. ARTICLE 15. To see if the Town will vote to install sewer mains 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, 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 be provided by the current tax levy, by transfer from available funds, including any special sewer funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. -6- ARTICLE 16. To see if the Town will vote to install a sewer main or mains in such locations as the Selectmen may determine beginning at a point in Waltham Street which point is 1100 feet, more or less, southerly from Concord Avenue and extending westerly 2400 feet, more or less, to Concord Avenue, then northerly 900 feet, more or less, to the southerly terminus of an existing dry sewer previously installed across Route 2, then northerly from the northerly terminus of said existing dry sewer a distance of 1250 feet, more or less, then westerly 1160 feet, more or less, and then southwesterly 800 feet, more or less, to a pumping station to be installed on the northerly side of Hayden Avenue, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in addition thereto, 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 be provided by the current tax levy, by transfer from available funds, including any special sewer funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 17. 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 be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. -7- ARTICLE 18. To see if the Town will vote to accept the alteration and relocation of Cedar Street from Massachusetts Avenue a distance of 1110 feet, more or less, to Hill Street, as altered and relocated by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for said alteration and relocation and land acquisition, and determine whether payment shall be provided by the current 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. ARTICLE 19. 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; appropriate a sum of money for such construction, and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, or by any combination of these methods ; or act in any other manner in relation thereto. ARTICLE 20. 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 current tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 21. To see if the Town will appropriate a sum of money for highway maintenance under the authority of Chapter 90 of the General Laws, and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. r- -8- ARTICLE 8_ARTICLE 22. To see if the Town will vote to establish as a town way and accept the layout of as a town way Worthen Road, from a point 108 feet, more or less, northwesterly of Goffe Road, a distance of 544 feet, more or less, northwesterly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for the construction of said road and for land acquisition and determine whether payment shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. 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 current tax levy, or by transfer from available funds, including any funds that may be made available to the Town under the provisions of Chapter 616 of the Acts of 1967 and Chapter 679 of the Acts of 1965, or either of them, or by any combination of these methods. ARTICLE 24. To see if the Town will appropriate a sum of money for widening and construction with permanent pavement of all or any part of Lincoln Street between Marrett Road and Middle Street, and determine whether the money shall be provided by the current tax levy, by transfer from available funds, including any funds available to the Town under the provisions of Chapter 679 of the Acts of 1965 or Chapter 616 of the Acts of 1967, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. -9- ARTICLE 25. To see if the Town will appropriate money to be used in conjunction with money previously appropriated under Article 60 of the Warrant for the 1967 Annual Town Meeting for the construction of Philip Road and the acquisition of land or interest therein necessary therefor; and determine whether the money shall be provided by the tax levy, by transfer from available funds, including any funds available to the Town under the provisions of Chapter 679 of the Acts of 1965 or Chapter 616 of the Acts of 1967, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 26. 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 provided by the current tax levy or by transfer from available funds, including the Road Machinery Fund, or by any combination of these methods; or act in any other manner in relation thereto. -10- ARTICLE 27. To see if the Town will vote to enlarge the scope of the Road Machinery Fund by crediting to said fund an amount based on hourly rental for the use of motorized equipment of the Public Works Department when used on various projects carried on under the direction of said Department or other Town Departments, the amount of said credit not to exceed the amount allowed by the State for the use of similar equipment; or act in any other manner in relation thereto. ARTICLE 28. 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, drains, streets, or buildings that have heretofore been authorized, and determine whether the money shall be provided by the current 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. ARTICLE 29. 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 1970 Annual Town Meeting; or act in any other manner in relation thereto. ARTICLE 30. To see if the Town will raise and appropriate money for the improvement of lowlands and swamps and the eradication of mosquitoes under Chapter 252 of the General Laws or for the eradication of mosquitoes by the Board of Health of Lexington; or act in any other manner in relation thereto. -11- ARTICLE 31. To see if the Town will authorize the Selectmen to obtain appraisals on and options for land or rights therein that they desire to recommend be acquired by the Town as locations for future streets or for playground or recreational 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, options and land acquisition and determine whether the same shall be provided by the current tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 32. To see if the Town will vote to appropriate a sum of money for the purchase or lease of voting machines, and provide for payment thereof by the current tax levy or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 33. 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 current 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. ARTICLE 34. To see if the Town will raise and appropriate money to be expended by the Selectmen as authorized by Chapter 570 of the Acts of 1962 for reimbursing subdividers for part of the cost of constructing ways or installing municipal services, as required by the Planning Board in its approval of definitive subdivision plans under the Subdivision Control Law, of a greater width or size than would be required to serve the subdivision alone, the reimbursement as to any subdivision not to exceed the amount recommended by the Planning Board; or act in any other manner in relation thereto. -12- ARTICLE 35. To see if the Town will appropriate a sum of money to be expended under the direction of the Board of Health for providing cooperative complementary facilities to the out-patient clinic of the Mystic Valley Childrents Clinic established in accordance with the provisions of Chapter 123 of the General Laws in cooperation with the Massachusetts Department of Mental Health, and for providing payment for services rendered or to be rendered by such Clinic; or act in any other manner in relation thereto. ARTICLE 36. To see if the Town will appropriate a sum of money for engineering services and plans for sewer mains in such accepted or unaccepted streets or other land as the Selectmen may determine , and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 37. To see if the Town will authorize the Selectmen to retain professional services to prepare final plans and specifications for alterations and additions to the Town office building and alterations and additions to the police building, and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. -13- ARTICLE 38. To see if the Town will vote to establish as a town way and accept the layout of as a town way, Ewell Avenue, 950 feet from Eastern Avenue to Deering Avenue, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1968, and to take by eminent domain, purchase 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 to determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. -14- ARTICLE 39. To see if the Town will vote to establish as a town way and accept the layout of as a town way, Hillcrest Avenue, 750 feet from Fottler Avenue to Circle Road, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1968, and to take by eminent domain, purchase 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, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 40. To see if the Town will vote to establish as a town way and accept the layout of as a town way, Grassland Street, 700 feet from Spring Street to Payson Street, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1968, and to take by eminent domain, purchase 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, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE !}l. To see if the Town will vote to establish as a town way and accept the layout of as a town way, Vaille Avenue, 880 feet from Reed Street to end, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 19, 1968, and to take by eminent domain, purchase 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, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. -15- ARTICLE 42. To see if the Town will vote to establish as a town way and accept the layout of as a town way, Manley Court, 430 feet, more or less, from Woburn Street to Vine Street, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969, and to take by eminent domain, purchase 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 to determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 43. To see if the Town will vote to establish as a town way and accept the layout of as a town way, Hillcrest Avenue, 850 feet, more or less, from Circle Road to Rawson Avenue, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969, and to take by eminent domain, purchase 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, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. r- -16- ARTICLE 44. To see if the Town will vote to establish as a town way and accept the layout of, as a town way, Bridge Street, 600 feet, more or less, from Valleyfield Street to Waltham Street, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969 and to take by eminent domain, purchase 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 or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 45. To see if the Town will vote to establish as a town way and accept the layout of as a town way, Elena Road from Marrett Road, a distance of 697 feet, more or less, southwesterly, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969 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 street and for land acquisition; or act in any other manner in relation thereto. ARTICLE 46. To see if the Town will appropriate a sum of money for the further development of the so-called dump area on Lincoln Street and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. -17- ARTICLE 47. To see if the Town will vote to amend the General by-Laws of the Town by adding at the end of the third paragraph of Section 4. of ARTICLE XXV a new sentence to read substantially as follows: The Selectmen may appoint some other voter of the Town to serve on said committee in place of the member of the Board of Selectmen provided for in the preceding sentence. ARTICLE 48. To see if the Town will authorize the School Committee, in accordance with General Laws Chapter 149, Section 1781, as amended by Chapter 633 of the Acts of 1968, to designate an attorney as a representative of the School Committee for the purpose of bargaining with employee organizations for school employees, or will take any other action relating to the same. ARTICLE 49. To see if the Town will establish a committee to be known as the Vocational Regional School District Planning Committee, in accordance with the provisions of Section 14 of Chapter 71 of the General Laws, and raise and appropriate money for the expense of such committee; or act in any other manner in relation thereto. ARTICLE 50. To see if the Town will appropriate a sum of money for improvements to the stage and appurtenant facilities at Cary Memorial Hall, and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 51. To see if the Town will vote to appropriate the total amount of State Aid to public libraries received in 1969 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. -18- ARTICLE 52. To see if the Town will authorize the Selectmen to purchase, take by eminent domain or otherwise acquire for off-street parking and other public purposes all or any part of the land on and off Massachusetts Avenue containing 20,146 square feet, more or less, described in three deeds recorded in Middlesex South District Registry of Deeds, Book 6745, Page 321, Book 6851, Page 225, and Book 6944, Page 337; appropriate a sum of money for such acquisition, and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. -19- ARTICLE 53. To see if the Town will appropriate a sum of money for the further development of the Harrington School Playground and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 54. To see if the Town will vote to appropriate a sum of money for the construction of two tennis courts at the Center Playground and determine whether the money shall be provided by the current tax levy or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 55. To see if the Town will appropriate a sum of money for the lighting of four tennis courts at the Center Playground and determine whether the money shall be provided by the current tax levy or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 56. To see if the Town will appropriate a sum of money for the development of a neighborhood play area on a parcel of land owned by the Town, located off Laconia Street and determine whether the money shall be provided by the current tax levy or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 57. To see if the Town will appropriate a sum of money for the development of a neighborhood play area on a parcel of land owned by the Town, located off Valleyfield Street and determine whether the money shall be provided by the current tax levy or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. -20- ARTICLE 58. To see if the Town will vote to extend to a subsequent Town Meeting, the time within which the Data Processing Study Committee, established under Article 43 of the 1968 Annual Town Meeting, shall report; or act in any other manner in relation thereto. ARTICLE 59. To see if the Town will vote to continue or to revive the committee called the Structure of Town Government Committee established under Article 49 of the Warrant for the 1966 Annual Town Meeting, and determine the time and purposes for which said Committee shall be continued or revived; or act in any other manner in relation thereto. ARTICLE 60. To see if the Town will vote to amend the Building By-Law by inserting at the end of Section 1. of ARTICLE IV a new paragraph to read substantially as follows: A permit is not required for any detached, non-masonry building not to be used for living or habitation purposes and which is not more than 8' in length or breadth and not more than 71 in height. ARTICLE 61. To see if the Town will ratify, confirm and adopt the action of the Board of Selectmen in accepting on behalf of the Town a deed from Alfred S. Busa et al, Trustees of The Busa Realty Trust, conveying to the Town a parcel of land containing 3.0 acres, more or less, and shown as Parcel A on plan entitled "Ridge Estates in Lexington, Mass. ", dated December 22, 1967, Albert A. Miller & Wilbur C. Nylander, Civil Engineers and Surveyors; or act in any other manner in relation thereto. -21- ARTICLE 62. To see if the Town will vote to establish a public footway and accept the layout thereof as a public footway, from Estabrook Road to Nickerson Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor and to ratify, confirm and adopt the action of the Board of Selectmen in accepting on behalf of the Town a grant from Ernest E. Outhet et al, Trustees, and a grant from Ernest E. Outhet conveying easements within the location of said public footway; appropriate money for the construction of said footway and for land acquisition, and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 63. To see if the Town will vote to amend the General By-Laws by adding at the end of Article XXIV thereof a new section to read substantially as follows: ADVISORY DESIGN REVIEW OF TOWN PROJECTS Section 27. No action shall be taken by the Town on any plan or proposal involving the construction, extension or removal of or substantial external changes (including landscaping and site improvement ) to any town building, way, parking lot, playground, park, or other land owned or controlled by the Town and involving expenditures in excess of $10,000 until the plans and other information pertinent to such construction or external changes have been referred to the Planning Board for a design review and the Planning Board has submitted an advisory written report to the referring agency or to the town meeting, or 15 calendar days have elapsed after the referral. In connection with the preparation of its advisory report, the Planning Board shall consult with the Design Advisory Committee established under the Rules and Regulations of the Planning Board. -22- ARTICLE 64. 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 Fleeting held on June 8, 1961 , 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 any combination of these methods; or act in any other manner in relation thereto. ARTICLE 65. To see if the Town will vote to establish as a town way and accept the layout of as a town way, Stedman Road, 1055 feet, more or less, northery, from the northerly end of the previously accepted portion, as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk, dated January 10, 1969, and to take by eminent domain, purchase 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, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. -23- ARTICLE 66. To see if the Town will vote to transfer to the Board of Selectmen, or to the School Committee, for sewer, water, drain, street, school and playground purposes, and for all purposes incidental thereto, the care, custody, management and control of part of the land on and off Marrett Road that was acquired by the Town in 1965 for conservation purposes, and to transfer to the Conservation Commission for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, the care, custody, management and control of part of the land on and off Marrett Road that was acquired by the Town in 1965 for sewer, water, drain, street, school and playground purposes, to authorize the Board of Selectmen, the School Committee and the Conservation Commission, and each of them, to take such action as may be necessary or required by State and Federal authorities to effect the foregoing transfers, including the execution of any contracts with said authorities as may be required, and to instruct the Selectmen to petition the General Court for enactment of any legislation that may be required to effect the foregoing transfer. -24- ARTICLE 67. To see if the Town will appropriate a sum of money for the purchase by the Cemetery Commissioners of a new truck and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 68 . To see if the Town will authorize the Cemetery Commissioners or some other committee of the Town to retain professional services and prepare plans and specifications for an addition to the existing building at Westview Cemetery, to enter into a contract or contracts for the construction of said addition, and to supervise the work; appropriate money for such purposes and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, including the Westview Sale of Lots Fund, or by any combination of these methods; or act in any other manner in relation thereto. -25- ARTICLE 69 . To see if the Town will authorize the ..Conservation Comr4ssion to, purchase or otherwise acnuire , and • vrill 'authorize the Selectmen to take by eminent domain, upon the Written request of the Conservation Commission, for conservation purposes as provided by Section 80 of Chapter 40 of the General Laws , all or any part of that portion of lot 289 on -Land Court Plan 19485-K located north of a line pare3°l.el to or concentric with and distant 850 feet northerly ' "from the northerly side line of Hayden Avenue , as laid out by the Commonwealth of Massachusetts on February 25, 1964, said portionof lot 289 containing 21.4 acres , more or less ; appropriate money therefor and determine whether the money shall .be' 'provided by the current tax levy, by transfer from availabl-e, funds , or by borrowing, or by any combination of these methods. -26- ARTICLE 70. 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 as provided by Section 8C of Chapter 40 of the General Laws , all or any part of that portion of a parcel of land marked ."19.95 acres" on the plan by George C . Brehm, City Engineer, dated April 1922 , entitled "Plan of Land in Lexington, Mass. , to be conveyed by Louise S. Laurie to City of Waltham for a Rifle Range" , and recorded in Middlesex South District Registry of Deeds , Plan Book 3-04 , Plan 43 , which is located to the north of a line 'parallel to and distant 850 feet nor-therly from the northerly side line of Hayden, Avenue , as laid out by the Commonwealth of Massachusetts on February 25, 1964, and contains 4.8 acres , more or less ; approiriate money therefor and determine whether the money shall be provided by the current tax levy , by transfer from avilable funds , or by borrowing, or by any combination of these methods . - I -27- ARTICLE r1 . 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 as provided by Section 8C of Chapter 40 of the General Laws , all or any part of that portion of lot 7 : shown on Land Court Plan 16660-M which is located to the north of a line parallel to and distant 850 feet northerly from the northerly side line of Hayden Avenue , as laid out by the Commonwealth of Massachusetts on February 25, 1964 , and contains 23.4 acres , more or less ; appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds , or by borrowing, or by any combination of these methods. -28- ARTICLE 72 , 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, as provided by Section Sc of Chapter 40 of the General Laws, all or any part of a parcel of land containing 4.3 acres, more or less, and shown as Lot A on Land Court Plan 2802-D; appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. -29- ARTICLE 73. 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, as provided by Section 8C of Chapter 40 of the General Laws, all or any part of a parcel of land containing 5.8 acres, more or less, and shown as lot 16 on Land Court Plan 2802-Y; appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. -30- ARTICLE 74. To see if the Town will vote to amend the Zoning By-Law by adding at the end of subsection 23.1 thereof the following new CR office and research park districts: 23.15 A district on the northerly side of Hayden Avenue east of the CR district 23.11 and bounded and described as follows: Beginning at the intersection of the southeasterly boundary of the CR office and research park district 23.11, as described in this By-Law, with the northerly street line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 1964; thence by said CR district boundary generally northeasterly, easterly and northwesterly to a point distant 850 feet from said northerly street line of Hayden Avenue ; thence southeasterly and easterly by a line distant 850 feet northerly from and concentric with or parallel to said northerly street line of Hayden Avenue to the easterly boundary of lot 289 shown on Land Court Plan 19485-K; thence southerly by said boundary of lot 289 to the northerly street line of Hayden Avenue, thence westerly and northwesterly by said street line of Hayden Avenue to the point of beginning. 23.16 A district on the northerly side of Hayden Avenue, being a portion of lot marked "19.95 acres" on a plan entitled "Plan of Land in Lexington, Mass. , to be conveyed by Louise S. Laurie to City of Waltham for a Rifle Range, " dated April 1922, by George C. Brehm, City Engineer, recorded in Middlesex South District Deeds Plan Book 304, Plan 43, said district being bounded and described as follows: Beginning at the intersection of the easterly boundary of. lot 289, as shown on Land Court Plan 19485-K, with the northerly street line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 1964; thence northerly by said easterly boundary of lot 289 to a point distant 850 feet from said northerly street line of Hayden Avenue; thence easterly by a line distant 850 feet from and parallel to said northerly street line of Hayden Avenue to the westerly -31- boundary of lot 7, as shown on Land Court Plan 16660-M; thence generally southerly by said westerly boundary of lot 7 to the northerly street line of Hayden Avenue; thence westerly by said northerly street line of Hayden Avenue to the point of beginning. 23.17 A district on the northerly side of Hayden Avenue , being the southerly porticn of lot 7, as shown on Land Court Plan 16660-M, said district being bounded and described as follows: Beginning at the intersection of the westerly boundary of lot 7, as shown on the Land Court Plan 16660-M, with the northerly street line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 1964; thence generally northerly by several courses by said westerly boundary of lot 7 to a point distant 850 feet from said northerly street line of Hayden Avenue; thence easterly by a line parallel to and distant 850 feet from the northerly street line of Hayden Avenue to the easterly boundary of lot 7, as shown on Land Court Plan 16660-1T ; thence southerly by said easterly boundary of lot 7 to the intersection of the easterly boundary of said lot 7 with the common boundary of lot A, as shown on Land Court Plan 2802-D, and lot 16, as shown on Land Court Plan 2802-Y; thence southwesterly by the northwesterly boundary of said lot 16 and southwesterly and southeasterly by the northwesterly and southwesterly boundaries of lot 19, as shown on Land Court Plan 2802-Z, to the intersection with the northerly street line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 1964; thence westerly by said northerly street line of Hayden Avenue to the point of beginning. 23.18 A district on the northerly side of Hayden Avenue comprising all of lot 19, as shown on Land Court Plan 2802-Z, and the westerly portion of lot 16, as shown on Land Court Plan 2802-Y, said district being bounded and described as follows: Beginning at the intersection of the northeasterly boundary of lot 19, as shown on Land Court Plan 2802-Z, with the northerly street line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 1964; thence westerly by said northerly street line of Hayden Avenue to -32- the easterly boundary of lot 7, as shown on Land Court Plan 16660-M; thence by said boundary of lot 7 northwesterly 422.45 feet and northeasterly 563.08 feet to the common boundary of lots A, shown on Land Court Plan 2802-D, and 16, shown on Land Court Plan 2802-Y; thence southerly by a line perpendicular to the northerly line of Cambridge-Concord Turnpike (Route 2) , as laid out by the Commonwealth of Massachusetts on February 25, 1964, to the inter- section with the northeasterly boundary of lot 19, as shown on Land Court Plan 2802-Z; thence southeasterly by said boundary of lot 19 to the . point of beginning. -33- ARTICLE 75. 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 as provided by Section 8C of Chapter 40 of the General Laws, all or any part of a parcel of land containing 7.2 acres, more or less, situated on Vine Street and shown as Lot 44 on Assessors Property Map 47; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. F r- _34_ ARTICLE 76. 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 as provided by Section 8C of Chapter 40 of the General Laws, all or any part of the land situated off Utica Street and shown as a parcel containing 7.5 acres, more or less, on plan entitled "Plan of Land in Lexington, Mass. ", dated October 13, 1944, Fred A. Joyce, Surveyer, recorded in Middlesex South District Registry of Deeds, Book 6814, Page 178, together with the rights of way from said parcel to Vine Street as shown on said plan; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 77. 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 as provided by Section 8C of Chapter 40 of the General Laws, all or any part of Lots 23 through 40 on Grapevine Avenue on a plan entitled "Plan #2 Section #2 Farmhurst, Lexington, Massachusetts, Belonging to Neil McIntosh, Trustee", dated May 1919 by C.H. Gannett, C.E. , recorded with Middlesex South District Registry of Deeds in Plan Book 274, Plan 43; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. C _ 3 _ ARTICLE 78. 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 as provided by Section 8C of Chapter 40 of the General Laws, all or any part of a parcel of land contain- ing 9.2 acres, more or less, situated on Vine Street and shown as Lot 225 on Assessors Property Map 48; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 79. 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 as provided by Section 8C of Chapter 40 of the General Laws, all or any part of a parcel of land on Webb Street being shown on a plan entitled "Plan of Land Webb Street Lexington Mass. ", dated June 3, 1968, made by William J. Skane, Reg. Land Surveyor, and being Land Court Plan No. 35798A, filed in the Land Registration Office; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. r- -36- ARTICLE 36- ARTICLE 80. 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 as provided by Section 8c of Chapter 40 of the General Laws, all or any part of the land on Oak Street being shown as Parcel "C" on a plan entitled "Compiled Plan of Land in Lexington, Massa- chusetts to be Acquired for Conservation", made by A. V. Zaleski, R.L.S. , dated April 20, 1967, recorded with Middlesex South District Registry of Deeds in Book 11329, Page 529; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 81. 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 as provided by Section 8C of Chapter 40 of the General Laws, all or any part of land on Pleasant Street being shown as lot B on a plan entitled "Plan of Land in Lexington", dated May 25, 1915, being Land Court Plan 3814A, a copy of a portion of which is filed in the Registry of Deeds for the South Registry District of Middlesex County, in Registration Book 40, Page 281, with Certificate 6353; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. C 37_ - ARTICLE B2. 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 as provided by Section 8c of Chapter 40 of the General Laws, all or any part of the land off Grant Street, being those parts of Lots 110A, 110B, and 110C that lie southeasterly of the center line of the Vine Brook Easement, all as shown on a plan of land entitled "Plan of Land in Lexington, Massachusetts", dated December 10, 1951, made by Miller and Nylander, Civil Engineers and Surveyors, recorded in Middlesex South District Registry of Deeds, Book 7850, Page 565; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. ARTICLE 83. 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 as provided by Section 8C of Chapter 40 of the General Laws, all or any part of the land on Hayes Road being lots numbered 39, 40, 41, 42, 44, 45, 46, 47 and the greater portion of lot numbered 43 and the strip forty (40) feet wide, as shown on the plan entitled "Plan of Lots on the Fletcher Estate, Lexington, Mass. , George R. Blinn, Trustee", Clarence E. Carter, Civil Engineer, dated May 1914 and recorded with Middlesex South District Registry of Deeds, Plan Book 228, Plan 21, all as described in a deed from Lexington Co-operative Bank dated August 12, 1941, recorded with said Deeds, Book 6527, Page 401; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. 38- ARTICLE 84. 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 as provided by Section 8C of Chapter 40 of the General Laws, all or any part of a parcel of land on Vine Street being described in a deed from Marguerite D. McElroy, dated May 14, 1948, recorded with Middlesex South District Registry of Deeds in Book 7283, Page 538, and being shown as Lot 45 on Assessors Property Map 47; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. r -39- ARTICLE 85. To see if the Town will vote to amend the Zoning By-Law by striking out the first paragraph of Section 24 thereof beginning with the words "No land shall " and ending with the words ". . .by General Laws. " and be substituting in place thereof the following: Section 24. No land shall be used and no structure shall be erected or used, except as provided in Section 25 entitled Use Regulations Schedule or in other sections of this By-Law, or as exempt by Section 30 or by General Laws. r_ -40- ARTICLE 86. To see if the Town will vote to amend the Zoning By-Law by striking out the words "( not accessory to a permitted use on the same lot)" in paragraph 25.52 of Section 25 - Use Regulations Schedule, by inserting in place thereof the words " ( other than in connection with a use permitted in the district by this Section)" , and by adding at the end of the second foot- note to paragraph 25.80 of said Section 25 the words "and for uses permitted in R0, RS and RT districts need not be on the same lot as the principal use to which it is accessory" . ARTICLE 87. To see if the Town will vote to amend the Zoning By-Law by striking out the first paragraph of Section 26 thereof preceding subsection 26.1 and by inserting in place thereof the following new paragraph: Section 26. A lot of land complying with the area and frontage requirements specified in Section 27 hereof under the caption Schedule of Dimensional Controls shall be provided for each dwelling or other principal use (other than an agricultural use) permitted in R0, RS and RT residence districts and for any other use or uses permitted in other districts. Any building or structure located on a lot shall comply with the dimensional requirements of said Section 27, except where specifically provided otherwise by this By-Law or by General Laws. (- -41- ARTICLE 41-ARTICLE 88. To see if the Town will vote to amend the Zoning By-Law by striking out the subsection 26.1 thereof and by inserting in place thereof the following new subsection 26.1: 26.1 No lot upon which there is a building or for which a building permit is in force shall be subdivided or otherwise changed in size or shape, except through public acquisitions, so as to result in violation of the requirements of Section 27 Schedule of Dimensional Controls and of other applicable requirements of this By-Law, and a lot already non-conforming shall not be changed in size or shape so as to increase the degree of non- conformity or non-compliance with the requirements of this By-Law. If land is subdivided, conveyed, devised or otherwise transferred in violation hereof, no building or other permit shall be issued with reference to said transferred land until the lot retained meets the requirements of this By-Law. ARTICLE 89. To see if the Town will vote to amend the Zoning By-Law by inserting in the definition of yard in Section 40 thereof following the word "fences" the words "gates or security stations" , so that said definition of yard shall read as follows: YARD: An open space on a lot unoccupied by a building or structure or such parts thereof as covered or uncovered porches, steps, cornices, eaves and other projections; provided however that fences, gates or security stations, yard accessories, ornaments and furniture, and customary summer awnings are permitted in any yard but shall be subject to height limitations. Yard depth shall be measured from the street or lot line to the nearest point on a building in a line perpendicular or normal to such lot or street line. The minimum required yard shall be a strip of land of uniform depth required by this By-Law measured from the lot or street line and adjacent thereto. -42- ARTICLE 90. To see if the Town will vote to amend the Zoning By-Law by striking out the words "Minimum Yard Adjacent to R0, RS, RT, RM Districts" in the column captioned "District" of Section 27 - Schedule of Dimensional Controls and by inserting in place thereof the words "Minimum Side and Rear Yard Adjacent to R0, RS, NT, RM Districts" . ARTICLE 91. To see if the Town will vote to amend the Zoning By-Law by adding at the end of subsection 12.2 thereof under the caption Special Permits the following: such special permit may be granted when in the judgment of the Board of Appeals the public welfare and convenience will be substantially served thereby and where a requested permit will not tend to impair the status of the neighborhood. ARTICLE 92. To see if the Town will vote to amend the Zoning By-Law by adding in Section 40 thereof under the caption Definitions immediately preceding the definition of a STRUCTURE the following new definition: STREET LINE: The boundary of a street right-of-way or layout. ARTICLE 93. To see if the Town will vote to amend the Zoning By-Law by striking out in paragraph 25.31 of Section 25 thereof the phrase "Greenhouses, including conservatories" and by inserting in place thereof the words "commercial greenhouses" . ARTICLE 94. To see if the Town will vote to amend the Zoning By-Law by adding at the end of the enumeration of accessory uses in the paragraph 25.80 of Section 25 thereof the following: "Greenhouses not intended and not used for commercial purposes and subject to regulation as a structure" . • -43- ARTIOLL0 95. Tc see if the Town will vote to amend the Zoning By-Law by striking out the description of the OG general business district 23.82 in Section 23 thereof mnd by inserting in place thereof the following new description: 23.82 A district at the junction of Lowell Street and North Street as follows : on both sides of Lowell Street a distance of 300 feet northerly from the points of intersections of the center lines of Lowell Street and North Street , on the easterly side of Lowell Street a distance of 300 feet southerly from the point of intersection of the center lines of Lowell Street and North Stroet northeast of Lowell Street , and on both sides of North Street a distance of 200 feet northeasterly from the point of intersection of the center lines of Lowell Street and North Street , and on the northeasterly side of North Street a distance of 250 feet northwesterly from the intersection of the center lines of Lowell Street and North Street , and of a depth of 100 feet from the adjacent street lines in each instance. -4,- ARTICTJ1 96. To see if the Town will vote to amend the Zoning By-Law by striking out the description of the CG general business district 2.3 .84 in Section 23 thereof and by inserting in place thereof the following: 23.84 Districts at the junction of Woburn and Lowell Streets upon the northeasterly, southeasterly and southwesterly corners thereof and extending for a distance of 200 feet along each street from the junction points of the side lines of each street ; thence back at right angles to each said street until the exterior lines intersect . -45- , ARTICLE 97 . ' To see if the Town will vote to amend the Zoning By-Law by striking out the subsection 11 .3 thereof and by inserting in place thereof the following new subsections 11.3 and 11.4 : 11 .3 A permit to erect , relocate or alter any 'building or { structure shall be deemed a permit to occupy or use sach building or structure for the use and purposes set forth in such permit when the building or structure is completed to the satisfaction of the Building Inspector in accordance with the provisions of such. permit and with the plans and specifications filed with • the Building Inspector, and when adequate means of sewage disposal have been provided; provided , however , that the right to occupy or use shall be subject to revocation, modification or denial in accordance with the provisions of this by-law and other applicable laws . - 11.4 The Building Inspector may, with the concurrence of the Planning Board, issue certificates of compliance with the zoning by-law statin.; that , in his opinion, an existing or proposed specific use of land, buildings or structures is or would constitute a permitted use and li -ting such references to the provisions of this by-law and to restrictions or conditions as he may deem pertinent . A reasonable fee , as set from time to time by the Selectmen, may be charged for each certificate of compliance. ARTICLE 98. To see if the Town will vote to amend the Zoning By—Law by striking out the text of the footnote j . in Section 27 thereof entitled Schedule of Dimensional Controls and by inserting in place thereof the following new text of footnote j . : Along the southwesterly side of Bedford Street between the Northern Circumferential Highway (Route 128) and Hartwell Avenue there shall be a front yard of 233 feet measured from the base line of Bedford Street as shown on the Commonwealth of Massachusetts layout 4689 , dated June 3, 1958, and shown as auxiliary base line "F", on the State Highway Alteration layout 5016 , dated August 30, 1960. A TICTE 99. To see if the Town will vote to amend the Zoning By—Law by striking out the words "s: nit. ria , nursing, convalescent and rest homes , homes for the aged" in the enumeration of permitted uses in paragraph 25.22 of Section 25 — USE REGULATIONS ;SCHEDULE. -47- ARTICLE 100. To see if the Town will vote to amend the Zoning By-Law as follows: A. By striking out the reference to and the text of footnotes e. and g. in Section 27 - Schedule of Dimensional Controls, and that portion of the text of footnote c. of said Section 27 beginning with the words "for uses permitted on Special Permit" , and by inserting a new footnote e. reading as follows: g. Certain institutional uses allowed in R0, RS and RT districts only with a Special Permit must comply with the requirements of subsection 26.7 of this by-law. B. By adding a new subsection 26.7 reading as follows: 26.7 Any sanitarium, nursing home, convalescent home, rest home, or home for the aged with a design capacity or actual capacity of 15 beds or more must comply with all of the followind requirements in addition to any other conditions the Board of Appeals may impose: Minimum lot area: 2 acres; Maximum lot area: 8 acres; Minimum street frontage: 200 feet; Minimum front, rear and side yards: 50 feet, increased by 7 feet for each acre or fraction thereof of lot area; Maximum portion of lot covered by buildings: 10% of the lot area; Maximum permitted capacity or occupancy: 15 beds per acre of lot area; Minimum required parking: one parking space for each 3 beds capacity; Other provisions: visual screening of a type prescribed by the Board of Appeals shall be located along the side and rear boundaries separating the lot from other land in residence districts; r- -48- C. By adding in subsection 32.1 entitled SCHEDULE OF REQUIRED PARKING AND LOADING opposite the lines reading "Use permitted on Special Permit in RO, RS or RT district (Subsection 12.2)" in the column captioned REQUIRED PARKING following the words "Reasonably suf- ficient" the words "or as required by subsection 26.7 for the uses described therein" . D. By striking out in all columns of subsection 32.2 entitled SCHEDULE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING opposite the line reading "Uses allowed in RO, RS or RT Districts on Special Permit (Subsection 12.2)" the designation "Of" , by inserting in place thereof the designation "d" , and by adding at the end of said subsection 32.2 the following new footnote: d. Parking shall not be located in the one-half of the required side or rear yard adjacent to the lot boundaries for the institutional uses described in subsection 26.7 of this by-law or act in any other manner in relation thereto. -49- ARTICLE 101. To see if the Town will vote to amend the zoning by-law by adding at the end of subsection 22.4 the following new RM multi-family (garden apartment) district: 22.46 A district at the southerly side of Woburn St. near the Boston & Maine RR. , substantially bounded and described as follows: Northerly by Woburn Street, sixty-five and 70/100 feet as shown on a plan hereinafter described; Northwesterly by several courses by lands of sundry adjoining owners as shown on said plan, eleven hundred seventeen and 04/100 feet; Southwesterly by said Boston and Maine Railroad land, six hundred fifty-one and 50/100 feet; Southeasterly, one hundred and forty feet, by the lot covered by Land Court Plan No. 19319B as shown on plan here- inafter described; all of the above courses are as shown on a subdivision plan filed in the land Registration Office a copy of which is filed in the Registry of Deeds for the South Registry District of Middlesex County in Registration Book 665, Page 4, with Certificate 106954. thence running S 53° 341 40" W a distance of 160 feet; thence turning and running Easterly 822 feet, more or less, to the southwesterly corner of Lot shown on Plan 67 of 1942 recorded in Middlesex South District Registry of Deeds Book 6576 Page 403 (which lot is shown on said Plan as fronting on Woburn Street and as containing 49,023 square feet) -50- thence easterly by the westerly boundary of said lot, 77 and 00/100 feet; thence northeasterly by land now or formerly of Paolo Puma and Mattia Puma and now or formerly of Ralph B. Maloney and Margaret V. Maloney 273.27 feet; and easterly by land now or formerly of said Ralph B. Maloney et ux two hundred four and 50/100 (201 .50) feet to the point of beginning. All of the foregoing land being shown on a plan entitled "Proposed Multi Family Area off Woburn St. , Lexington, Mass." , dated December 10, 1968, prepared by Joseph W. Moore, Reg. Land Surveyor. ARTICLE 102. To see if the Town will appropriate a sum of money for consulting services to be contracted for by the Planning Board for a study of high accident locations and plans for the improvement of traffic safety and the installation of traffic safety devices at such locations; determine whether such money shall be provided by the current tax levy, or by transfer from available funds, or by any combination thereof; and authorize the Planning Board to apply for and obtain on behalf of the town any state or federal grants or reimbursements of the cost of such study for which the town may be eligible. -51- ARTICLE 103. To see if the Town will appropriate a sum of money for consulting services to be contracted for by the Planning Board for a planning study of traffic conditions between Bedford Street and Rte. 2 at the Arlington town line, the evaluation of the need, feasibility, cost and safety aspects of the various methods of improving traffic conditions through the central business district and thence to Route 2 at the Arlington line, and selection of the preferred alternative plans, including the preliminary engineering estimates therefor; determine whether such sum shall be provided by the current tax levy, by transfer from available funds, or by any combination of these methods; authorize the Planning Board to apply for and receive on behalf of the town any state or federal grant or reimbursement of the cost of such study for which the town may be eligible. C -52- ARTICLE 104. To see if the Town will authorize the Selectmen to abandon such portions of the sewer easements and such portions of the drain easements that were granted to the Town by Benjamin Franklin Homes, Inc. by instrument dated November 21, 1966, recorded in Middlesex South District Registry of Deeds, Book 11257, Page 601, and that are no longer required by the Town, and will set the minimum amount to be paid for such abandonment; or act in any other manner in relation thereto . ARTICLE 105. To see if the Town vote to create or to provide for the creation of the position of code enforcement officer under the jurisdiction of the Board of Health, or otherwise, as required by the Department of Housing and Urban Development as a condition of approval of a workable program; appropriate a sum of money for personal services and expenses of such office, and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. -53- ARTICLE 106. To see if the Town will vote to amend the Zoning By-Law to provide for Garden Centers as a permitted principal use in all districts subject to a special permit by the Board of Appeals, as follows: A. By adding in Section 40 the following definition: GARDEN CENTER: Premises used for propagating from seed or otherwise, trees, shrubs, plants, flowers, bulbs and seed; the selling of such items, whether grown on the premises or elsewhere, and of containers and supports therefor and decorative items used therewith; the selling of chemicals, pesticides, insecticides, peat moss, humus, mulches and fertilizers intended to preserve the life and health of such items; and, as a supplement to the foregoing, the selling of hand gardening tools and equipment, garden hose and watering devices, and bird feeders, food, houses and baths, and, in season, Christmas trees, wreaths and decorations. B. By adding in Section 24 a new subsection reading as follows: 24.5 Garden Centers permitted by Special Permit under Subsection 12.2 shall have a minimum land area of five acres, provide adequate off street parking on the premises, and be subject to such requirements as to parking, lighting, hours of operation, and screening from adjacent residential property as the Board of Appeals may deem necessary to preserve the character of the neighborhood. C. By adding in Section 25, Use Regulation Schedule, a new Paragraph 25.35 to read in the column headed "Use Designation - As a Principal Use" ,--Garden Centers ( see Subsection 24.5) --, and to read for each district in the columns headed "District" ,--SP; so that said new paragraph will appear as follows: -54- Use Designation District RO As a Principal Use RT RM CR CR CM CO CS CN CG CB RS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 25.35 Garden Centers ( see Subsection 24.5)SP SP SP SP SP SP SP SP SP SP SP * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ( Inserted at the request of ten or more registered voters.) ARTICLE 107. To see if the Town will vote to amend the Zoning By-Law by adding at the end of Section 23.1 (CR) Office and Research Park Districts, the following new paragraph: A district on the Lexington and Waltham Boundary, on the easterly side of the Northern Circumferential Highway (Route 128) , on the southeasterly side of the Route 128 - Route 2 Interchange, and described as follows: Beginning at the intersecting point of The Algonquin Gas Transmission base-line, and the southerly line of Route 2 as laid out by The Commonwealth of Massachusetts on February 25, 1964; thence in a Southwesterly direction along said base-line to the southerly line of Concord Avenue; thence westerly and southerly along property line of land court case #22262 to the continuing base-line; thence southerly along said base-line to the property line now or formerly of Florence Baldwin; thence 'southeasterly along said property line now or formerly of Florence Baldwin to the intersection of the common boundary of The Town of Lexington and The City of Waltham; thence in a Westerly direction along such boundary to the westerly sideline of Spring Street; thence in a Northerly direction by said westerly sideline of Spring Street by the boundary of the existing CR district; thence in a westerly, northerly and northwesterly direction by the boundary of the existing CR district to the southeasterly intersection of Route 128 and Route 2; thence in an Easterly direction along Route 128 and Route 2 to the point of beginning. ( Inserted at the request of ten or more registered voters) r- -55- ARTICLE 108. To see if the Town will vote to amend the Zoning By-Law by adding at the end of subsection 23.1 thereof the following new CR-office and research park districts: 23.16 A district on the northerly side of Hayden Avenue, being the southerly portion of the "unnumbered" lot bearing the name "Benjamin & Theresa Delgaudio t. by e." as shown on a plan entitled "Plan of Sewer Easement Lexington, Mass." dated March 21, 1963, and duly recorded in the Middlesex Registry of Deeds, So. District as Plan Number 595 (A of 2) of 1963, Book 10260, Page 243, being bounded and described as follows: Beginning at the intersection of Hayden Avenue and the easterly bound of "L.C. Lot 264" as shown on said plan, bounded westerly by said "L.C. Lot 284" to a 401 Sewer Easement as shown on said plan; Thence bounded northerly by said 40' Sewer Easement to the westerly bound of "L.C. Lot B" as shown on said plan; Thence bounded easterly by said "L.C. Lot B" to Hayden Avenue; Thence bounded southerly by Hayden Avenue to the point of beginning; or act in any other manner in relation thereto. (Inserted at the request of ten or more registered voters .) r -56- ARTICLE 109. To see if the Town will vote to amend the Zoning By-Law at the end of subsection 23.1 thereof the following new CR office and research park district: Beginning at the intersection of the southeasterly boundary of the CR office and research park district 23.11, as described in this By-Law, with the northerly street line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 19614.; thence by siad CR district boundary generally northeasterly to a point distant 1,100 feet from said northerly street line of Hayden Avenue; thence easterly by a line distant 1,100 feet northerly from and parallel to or concentric with said northerly street line of Hayden Avenue to the easterly boundary of lot 285 shown on Land Court Plan 19485-1; thence southerly by said boundary of lot 285 to the northerly street line of Hayden Avenue; thence westerly and northwesterly by said street line of Hayden Avenue to the point of beginning. (Inserted at the request of ten or more registered voters.) -57- ARTICLE 110. To see if the Town will vote to amend the Zoning By-Law by adding at the end of subsection 23.1 thereof the following newCR-office and research park districts: 23.17 A district on the northerly side of Hayden Avenue, being the southerly portion of Lot 7, as shown on Land Court Plan 16660-M, said district being bounded and described as follows: Beginning at the intersection of the westerly boundary of Lot 7, as shown on the Land Court Plan 16660-M, with the northerly street line of Hayden Avenue, as laid out by the Commonwealth of Massachusetts on February 25, 1964; thence generally northerly by several courses by said westerly boundary of Lot 7 to a point at the intersection of the northerly boundary of a sewer easement laid out by the Town of Lexington on April 22, 1963 and the said westerly boundary of Lot 7; thence easterly by the northerly boundary line of said sewer easements as extended to the easterly boundary line of Lot 7 and the north westerly boundary line of Lot A, as shown on Land Court Plan, 2802-D; thence generally southerly by several courses by the easterly boundary of Lot 7 to the intersection of said easterly boundary with the northerly street line of Hayden Avenue as laid out by the Commonwealth of Massachusetts on February 25, 1964; thence westerly by said northerly street line of Hayden Avenue to the point of beginning. 23.18 A district on the northerly side of Hayden Avenue comprising all of Lot 19 as shown on Land Court Plan 2802-Z, the westerly portion of Lot 16 as shown on Land Court Plan 2802-Y, and the southerly portion of Lot A as shown on Land Court Plan 2802-D, said district being bounded and described as follows: Southerly by the northerly street line of Hayden Avenue , as laid out by the Commonwealth of Massachusetts on February 25, 1964; Westerly by the easterly boundary of Lot 7, as shown on Land Court Plan 16660-M, 422.45 feet; r, -58- Northwesterly by the southwesterly boundary line of Lot 7, as shown on Land Court Plan 16660-M, 563.08 feet; Northwesterly again by the northeasterly boundary line of Lot 7, as shown on Land Court Plan 16660-M, 273.90 feet; Northwesterly again by the southeasterly boundary line of Lot 7, as shown on Land Court Plan 16660-M, 160.00 feet; Northwesterly again by a northerly portion of Lot A as shown on Land Court Plan 2802-D, 250.00 feet to the easterly boundary of Lot A, Land Court Plan 2802-D to a point in the middle line of a ditch forming said easterly boundary of Lot A; Southeasterly by the middle line of the ditch to a point on the northeasterly boundary line of Lot 16, said point being 171.60 feet easterly of the northerly corner of Lot 16, as shown on Land Court Plan 2802-Y; Easterly by a line perpendicular to the northerly line of the Cambridge- Concord Turnpike ( Route 2) as laid out by the Commonwealth of Mass- chusetts on February 25, 1964; between said point on the northeasterly boundary line of Lot 16, Land Court Plan 2802-Y and the intersection of said line with the northeasterly boundary of said Lot 19, Land Court Plan 2802-Z; Northeasterly by said northeasterly boundary of Lot 19, as shown on Land Court Plan 2802-Z; or act in any other manner in relation thereto. ( Inserted at the request of ten or more registered voters.) r- -59- ARTICLE 111. To see if the Town will vote to amend the Zoning By-Law by adding to the end of subsection 23.3 CM - Manufacturing and research park districts - the following new paragraph: 23.33, a district on the Northerly side of East Street and the Easterly side of Lowell Street and partly adjacent to the common boundary line of Lexington and Woburn. Bounded and described as follows: SOUTHEASTERLY by East Street one hundred twenty-four and 68/100 (124.68) feet; SOUTHWESTERLY by land conveyed by Clara E. Bunzel, executrix, to William B. Porter et ux by deed dated September 3, 1942, recorded with said Deeds in Book 6626, Page 597, two hundred fifteen and 5/10 (215.5) feet; SOUTHEASTERLY again by said land conveyed to William B. Porter et ux ninety- eight and 6/10 (98.6) feet; SOUTHWESTERLY again by land now or formerly of Robinson and Malley about six hundred fifty-two (652) feet; NORTHWESTERLY by land now or formerly of Mulliken four hundred fifty-four (454) feet; NORTHEASTERLY by town line between Lexington and Woburn six hundred twenty and 19/100 (620.19) feet; SOUTHEASTERLY by Lots A and B, as shown on a plan recorded with said deeds in Book 7814 Page 58, two hundred (200) feet; and Northeasterly again by said Lot B one hundred twenty-seven and 81/100 (127.81) feet. Said parcel of land containing 7.4 acres, more or less, and now or formerly owned by Richard G. Seed, and now or formerly known as 258 East Street. (Inserted at the request of ten or more registered voters.) -60- ARTICLE 112. To see if the Town will vote to appropriate a sum of money from available funds toward the reduction of the 1969 tax rate or act in any other manner in relation thereto. r -6 - 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 tenth day of February, A.D. , 1969. Selectmen /r? / t , of Lexington A true copy, Attest John J. Shine Constable of Lexington CONSTABLE'S RETURN <7/ a 1969 To the Town Clerk I have served the foregoing warrant by posting a printed copy thereof in the Town Office Building and in a public place in each of the precincts of the Town and also by sending by mail, postage prepaid, 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 / days before the time of said meeting. r,` C stabt/pf Lexington/ Attest : (// /