HomeMy WebLinkAbout1978-Planning Board Report on Article 61.pdf REPORT OF THE LEXINGTON PLANNING BOARD
ON ARTICLE 61
OF THE WARRANT FOR THE 1978 ANNUAL TOWN MEETING
The proposed Use Regulations Table, Section 25 of the Town Zoning By-Laws,
represents a revision of a part of the Zoning By-Law which has remained
virtually unchanged for more than a decade. The passage of this Article
does not in any way preclude further revisions of the Use Schedule in
future years. This Use Regulations Table represents the collective thinking
of a large number of people, including the Planning Board, of the changes,
based on the experience of the last 10 years, needed. at the present time.
This Article introduces •a new format and numbering system which improves the
clarity of the Use Table. In drafting this Use Table, the Planning Board
has recognized that there have been many new techniques in merchandising and
retailing which have developed over the years, particularly with respect to
the distribution of food. Virtually every alteration to the existing Use
Regulations Schedule has as its purpose clarification, improved definition
or better control over the use to which our dwindling land resources are put.
Some new uses have been introduced, and definitions of others have been ex-
panded. Veterinarians and animal hospitals, will now be permitted. subject to
special permit. We believe that these activities are needed and are desirable
within the Town. The present land use schedule permits them only in .the .CG
or CB districts (where there is no available land) , so the existing veterin-
arian and animal hospitals exist by virtue of either grandfather clauses or
use variances. The Use Regulations Schedule will identify the different types
of eating establishments. Controls will be based on the type of eating estab-
lishments and their relationship to impact on the surrounding areas.
Another significant change is that of uses permitted in the CN (Neighborhood
Business)zones. They were formerly permitted as of right. They wi].l now be
subject to special permits. The CN Zone became part of our By-Laws because
the Town felt it would be desirable to locate certain small retail businesses
near residential areas, which would primarily attract customers who could walk
from their homes or who could come on a short drive. The CN Use Table permits
types of business which generally are thought to serve local needs rather than
town wide or regional needs. However, recent developments in merchandising,
specifically as seen in all-night or late-night grocery stores, drug stores
or other convenience stores may have adverse impacts on the amenities of a
neighborhood. The Planning Board recommends that special permit- controls .be
introduced to protect the residential neighborhood. The current By-Law permits
such establishments by right, with no controls over such things as location of
parking, hours of operation, lighting, hours for receiving deliveries and the
like. The proposed By-Law change will not change the types of retail estab-
lishments permitted in the CN zone.
The Planning Board has been working this year on the problems of the Center
Business District. One of our concerns is that there be an adequate diversity
of retail establishments to provide consumer interests, encourage the use of
the Center and best serve the Town. To help promote this diversity, the
Planning Board initially proposed special permit controls for certain service
establishments in the Center Business District and in the General Business
Districts. These initially were banks, real estate, insurance and travel
agencies, which are now p„.rmitted by right in both the CB and CG zones. The
proposed change would have allowed these services, but with a special permit
administered by the Board of Appeals. As a result of comments and discussions
before, during and after the public hearing, and with the Board of Appeals, '
the Planning Board now recommends that only banks be subject to special per-
mits.
The reason that the Planning Board believes that it is desirable for banks
to be subject to special permit is because a bank has the financial ability
to outbid virtually any other retail establishment for available retail space.
Furthermore, since the bank does not totally depend on local retail trade for
the main bulk of its revenue, the price that it pays for space in the Center
Business District does not have to be related in any way to the amount of
retail business that it generates. Consequently, banks can and have distorted
the retail space market in the Town and, thus, it seems desirable that the
Board of Appeals has the right to control new banks through the use of special
permits. Any bank coming into the Center of Town can be required to show that
it will provide new services, will not cause damage to the Center and will serve
the Lexington public interest.
It should be noted that there is no other way of weighing Lexington's local
interest in the decision of whether or not additional banks may be permitted
in the Center. In a recent case, the Banking Commissioner made it quite clear
that the concern of her department, when considering the public interest in
granting a permit to a bank to open a branch in Lexington, was much broader
than whether or not an additional bank serves Lexington's interest, and she
specifically stated that a Town which wishes to have its local interests pro-
tected in this context must look to its own local Zoning By-Law. The Planning
Board recognizes that there are significant problems of philosophy and adminis-
tration of this step, and, in all candor, the Board makes the recommendation
for the adoption of this provision with some concern; yet on balance, it is
felt that such a provision is needed and is likely to become even more needed
in the future.
A Planning Board Advisory Committee, consisting of Ruth Morey, Board of Appeals;
Alfred Busa, Board of Selectmen; Donald Irwin, Building Commissioner;
Francis W. K. Smith, Conservation Commission; Frank Sandy; Laura Nichols;
Judith Totman; Clarice Gordon; Sue Hodgkins; Stanley Toye; Alan Fields;
Kenneth Briggs (Planning Director) ; and Fred Friedman, met several times prior
to this Town Meeting to review the Use Schedule and the Table of Definitions.
The Planning Board is extremely grateful to these citizens, who have given so
freely of their time and who have made such a real contribution to the Town.
Without volunteers such as these already very busy people, it would be difficult,
if not impossible, for Town Boards to discharge their obligations.
Suggestions and recommendations which were made to the Planning Board formed
the basis of the Use Schedule, discussed at the duly advertised public hearing
held on February 16, 1978. Several revisions to this Schedule, as outlined
above, and in the definitions of different types of eating establishments have
been incorporated as a result of suggestions made at the public hearing. The
resulting Use Regulations Schedule, which is being presented to Town Meeting,
has the support of both the Planning Board and the Board of Appeals, except
that the Board of Appeals, as of this writing, as we understand it has still
reserved its position with respect to subjecting banks to special permit pro-
ceedings. The Planning Board unanimously supports this Article, and urges
Town Meeting support.
Many of the provisions of a Use Schedule are interdependent upon each other,
and changes in one part of the Use Table may have significant repercussions
on other parts of the Use Schedule. Because of this polycentric character
of any Zoning Use Regulation Table, any proposed amendments must be carefully
reviewed to be sure that they have no unintended, and perhaps deleterious
implications. Consequently, the Planning Board and the Board of Appeals have
joined in requesting all Town Meeting members who wish to make any amendments,
to submit the amendments in writing at least one week in advance of the date
that this Article reaches the floor, to the Planning Board for its review. Both
Boards have agreed that the failure to accommodate this request of the Boards
will be grounds for both Boards to oppose the amendments.
The CS zone, which is a Commercial Service zone, has been eliminated. No use
has ever been made of the CS zone in the past ten years. It thus seemed a
superfluous accretion to the Use Regulations Schedule, serving no useful pur-
pose and, therefore, it has been eliminated.
LEXINGTON PLANNING BOARD
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MOTION ON ARTICLE 61
ARTICLE 61 - That the Zoning By-Law be amended by:
1. Adding, in Section 1, the following definitions:
RESTAURANT: An establishment primarily for serving by a waiter or waitress,
and comsumption of meals at tables or at a counter, on the premises.
FAST FOOD SERVICE: An establishment primarily for self-service or purchase
of food or beverage at a counter for consumption on the premises.
TAKE OUT FOOD SERVICE: An establishment primarily for dispensing prepared
food to persons carrying the food away for consumption elsewhere.
2. Deleting, from Section 1, the definition DRIVE-IN RESTAURANT and substituting
therefor:
DRIVE-IN RESTAURANT: An establishment primarily for dispensing prepared food
to persons who eat this food while sitting in cars on the premises.
3. Deleting, from Section 1, the definition DINER OR LUNCH CART.
4. Replacing, in the definition JUNKYARD in Section 1, "25.96" by "Subsection
25.10.2".
5. Striking Subsection 23.5.
6. Striking, from Subsection 20.2, "CS - Service and trade district".
7. Striking Section 25 and replacing it with the following:
Zoning District Designation for Use with Printed Chart 25.0 Residence Districts:
RO - One family dwelling districts (30,000 sq. ft. )
RS - One family dwelling districts (15,500 sq. ft. )
RT - Two family dwelling districts
RM - Multi-family (garden apartment) dwelling districts
RH - Subsidized housing districts
RD - Multi-dwelling districts
Commercial and Industrial Districts:
CR - Office and research park districts
CH - Hotel, office and research park districts
CM - Manufacturing and research park districts
CO - Office districts
CN - Neighborhood business districts
CG - General business districts
CB - Central business districts
Section 25 - USE REGULATIONS SCHEDULE
Use Desinn,ition r
RESIDENTIAL USES RO
RS RH RT RD RM CR CII CM CO CN CG 'CB
25.1.1 One family dwellings Yes Yes YesiYes Yes Yes Yes Yes Yes Yes Yes Yes
25.1.2 Two family dwellings No No Yes SPS No No No No No No Yes Yes
25.1.3 Garden apartments* (each must be connected to public sanitary sewer) No No No SPS SPS No No No No No No No
25.1.4 Apartments on second and third floor of business buildings(see subsection 24.4) No No No No No No No No No No No SP
25".1.5 Hotel or motor hotel (must be connected to public sanitary sewer) . . . . . . . No No No No No No SPSINo No No SPS SPS
25.1.6 Dwelling conversion to two family SP SP Yes SP SP SP SP SP SP SP Yes Yes
25.1.7 Multi-unit dwellings No No No SPS No No No No No No No No
25.1.3 Municipal buildings and public buildings converted to residential use **. . . . SPS SPS SPS SPS SPS. SPS SPS SPS SPS SPS SPS SPS
-Provided that no living quarters shall be located below the mean finished
grade of the ground adjoining the building, nor above the second story.
**Special permits under this Section shall be governed 'by Section 28
I
V INSTITUTIONAL, EDUCATIONAL AND,RECREATIONAL USES RO
RS RH RT RD RM CR CH CM CO CN CG CB
25.2.1 Religious, sectarian or denominational schools, buildings and uses, including
parish houses and rectories; public schools, parks, playgrounds; municipal
buildings and uses Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
25.2.2 Schools other than those in Section 25.2.1; hospitals; sanitaria; nursing,
convalescent and rest homes; homes for the aged; charitable institutions;
cemeteries SP SP SP SP SP SP SP SP SP SP SP SP
25.2.3 Passenger stations, landing fields, telephone exchanges; radio and television
transmitting sites; sites, buildings and uses for other public services; .
private water towers and reservoirs SP SP SF SP SP SP SP SP SP SP SP SP
25.2.4 Private parks, playgrounds, clubs and recreation buildings of a non-commercial
and non-profit nature, standard or par-three golf course SP SP SP SP ' SF SP SP SP SP SP SP SP
25.2.5 Places and buildings for public assembly ' SP SP SF SP , SP SP SP SP SP SP SF SP
25.2.6 Billiard rooms, bowling alleys, dance halls, skating rinks, theatres and
similar commercial amusement places No No No No No No No No No No No SP
25.2.7 Miniature, pitch and putt, driving and novelty golf installations No No No . No No No No No No No SP SP
RO
AGRICULTURAL USES RS RH RT RD RM I CR CH CM CO CN CG CB
25.3.1 Commercial raising, boarding, breeding or-keeping of animals SP SP SP SP SP SP SP SP SP SP SP SP
25.3.2 Commercial greenhouses and retail nurseries SF SP SP SP . SP SP SP SP SP SP SP SP
25.3.3 Other farms, including truck gardens; only tools, equipment and vehicles inci-
dental to the actual use of the premises may be stored thereon Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
25.3.4 Roadside stand (for two year terms) SP SP SP SP SP SP SP SP SP SP Yes Yes
25.3.5 Seasonal sale of Christmas trees and wreaths SP SF SP SP SP SP SP SP SP SP Yes1Ycs
Section 25 - USE REGULATIONS SCHEDULE (Continued)
Use Designation
OFFICE USES RO
RS RH RT RD RM CR CH CM CO CN CG CB
25.4.1 Physicians, dentists, opticians No No No No No SPS SPS SPS SPS Yes Yes Yes
25.4.2 Veterinarians and animal hospitals No No No No No SPS SPS SPS SPS SP SP SP
25.4.3 Offices of salesman, agents and representatives of manufacturing, distributing,
insurance and wholesale companies No No No No No SPS SPS SPS SPS No Yes Yes
25.4.4 Administrative, executive, professional and similar offices No No No No No SPS SPS SPS SPS No Yes Yes
AUTOMOTIVE SALES AND SERVICE USES RO Ell
RS RH RD RM CR CH ® CO CB
25.5.1 Retail gasoline, oil and lubrication stations and places of business for the
sale and installation of tires and other automobile accessories, maintenance
and minor repairs of motor vehicles No No No No No No No No No SP SP SP
25.5.2 Parking of motor vehicles (other than in connection with a use permitted by
this section) No No No No No No No No No No SP SP
25.5.3 Major mechanical repairs, auto body repairs No No No No No No No No No No SP SP
25.5.4 Storage, retail sales and rental of automobiles, aircraft, marine craft, farm
and other heavy machinery and vehicles including the accessories thereof . . . . No No No No No No No No No No SP SP
25.5.5 Commercial car wash establishments No No No No No No No No No No SP SP
RS ® El CH 1111 CO EMI
RETAIL CONSUMER SERVICES AND TRADE USES RS RH RD RM CB
25.6.1 Retail dealers in bottled gas, grain, animal feed, ice and milk No No No No No No No No No No SP Yes
25.6.2 Retail liquor stores No No No No No No No No No No No Yes
25.6.3 Real estate agencies, travel bureaus No No No No No SPS SPS SPS SPS SP Yes Yes
25.6.4 Banks No No No No No No No No No No SP SP
25.6.5 Drugstores, retail stores for sale of beauty and health aids, medicines, medical
supplies, groceries and food not for consumption on the premises, smoking
supplies, periodicals, books, stationery, toys, hardware, arts and crafts
supplies; service businesses primarily servicing neighborhood needs, such as
but not limited to barbers, hairdressers, beauticians, manicurists; watch, shoe
or clothing repair No No No No No No No No No SP Yes Yes
25.6.6 Retail stores other than above: caterer, confectioner, decorator, hand laundry,
florist, photographer No No No No No No No No No No Yes Yes
25.6.7 Self service automatic laundry and dry cleaning establishments, pick-up
stations of cleansing, laundry and dyeing plants No No No No No No No No No SP Yes Yes
Use Designation.
RETAIL, CONSUMER SERVICES AND TRADE USES (Continued) RO
RS RH RT RD RM CR CH CM CO CN CG CB
25.6.8 Radio, television and electrical appliance repairs No No No No No No No No No No Yes Yes
25.6.9 Dressmaking or tailoring establishments, including those specializing in
alterations, furriers, milliners, printing shops, bakeries and similar shops
or trades provided that all work shall be of custom or job order type for
sale on the premises and that there shall be no production for stock or
for wholesale No No No No No No No No No No Yes Yes
25.6.10 Sale of air conditioning, heating, refrigerating and plumbing equipment and
supplies, lumber, fuel, structural and building materials and supplies; general
building, building maintenance, landscaping, electrical and similar contractors,
masons, carpenters, well-drillers, blacksmiths and locksmiths, reupholstering
furniture and other similar repair services No No No No No No No No No No SP SP
25.6.11 Undertakers, funeral homes No No No No No No No No SP SP SP SP
25.6.12 Restaurants No No No No No SPS No SPS SPS No SP SP
25.6.13 Fast food service No No No No No No No No No No SP SP
25.6.14 Takeout food service No No No No No No No No No SP SP SP
25.6.15 Drive in restaurant No No No No No No No No No No No No
25.6.16 Commercial non-manufacturing uses other than those enumerated elsewhere in
the Use Regulations Schedule No No No No No No No No No No SP SP
INDUSTRIAL USES RO
RS RH RT RD- RM CR CH CM CO , CN CG CB
25.7.1 Light manufacturing, including bakeries without retail sales No No No No No No No SPS'No No Nc No
25.7.2 Laboratories engaged in research, experimental and testing activities, including
but not limited to the fields of biology, chemistry, electronics, engineering,
geology, medicine and physics No No No No No SPS SPS SPS No No SP SP
25.7.3 Storage and distribution of packaged articles owned by the occupant, provided .
that all storage shall be inside the walls of buildings No No No No No No No SPS No No , SP SP
25.7.4 Removal of earth materials SP SP SP SP SP SP SP SP SP SP SP SP
25.7.5 Production of articles wholly or in substantial part from materials excavated
or grown on premises (for yearly terms) SP SP SP SP SP SP SP SP SP SP SP SP
TEMPORARY USES RO
RS RH RT RD RM CR CR CM CO CN CG CB
25.8.1 Temporary structures and uses not conforming to this By-Law subject to
•
conditions for the protection of the community SP SP SP SP SP SP SP SP SP SP SP SP
Section 25 - USE REGULATIONS SCHEDULE (Continued)
Use Designation
ACCESSORY USES RO
RS RH RT RR EM , C13 _ CH CM CO CN CO CM
25.9.1 Taking not more than three boarders or letting or renting of rooms without cook-
ing facilities to not more than three persons, in an existing dwelling by a fami-
ly therein;* home occupation (see definition) in an existing dwelling: accessory
signs subject to Sections 34 and 35 hereof and the Town Sign By-Law; garage
space for parking not more than three automobiles, one of which may be a commer-
cial vehicle if owned or used by a person resident in the dwelling to which the
garage is accessory: outdoor parking of non-commercial vehicles**: swimming
pools, provided that any such pool which meets the definition of a structure
shall be subject to provisions of Section 27 of the By-Law; greenhouses not in-
tended and not used for commercial purposes and subject to regulation as a
structure Yes Yes Yes Sp Yes Yes Yes Yes Yes Yes Yes Yes
25.9.2 Use of a portion of a dwelling as an office by a physician, dentist or other
professional person residing in the dwelling incidental to such residence. . . . SP SP SP SP SP SP SP SP SP SP Yes Yes
25.9.3 Buildings normally accessory to garden apartments No No No SP Yes No No No No No No No
25.9.4 Incidental sale at retail of parts or components necessary for the maintenance
of articles stored and distributed No No No No No No No Yes No No Yes Yes
25.9.5 Retail uses such as cafeterias, soda or dairy bars, wholly within the same
building as the principal permitted use, conducted primarily for the conven-
ience of employees and with no exterior advertising display No No No No No SPS SPS SPS SPS No Yes Yes
25.9.6 Retail uses in support of a hotel or motor hotel, such as dining halls, res-
taurants, cafeterias, soda or dairy bars, and shops, such uses shall be wholly
within or connected to the hotel or motor hotel building and with accessory
signs as permitted under the Sign By-Law No No No No No No SPS No No No SP SP
25.9.7 Delicatessens, lunch counters and soda fountains incidental to the permitted
business of a drugstore No No No No No No No No No SP Yes Yes
25.9.8 Garage space larger than permitted under Subsection 25.9.1 above No No No No No Yes Yes Yes Yes Yes Yes Yes
25.9.9 Outdoor parking of commercial vehicles** No No No No No Yes Yes Yes Yes Yes Yes Yes
* No dwelling may be erected for the purpose of taking boarders or letting or
renting of rooms without a Special Permit by the Board of Appeals
** Outdoor parking is subject to provisions of Section 31 and 32 and for uses
permitted in RO, RS and RT districts need not be on the same lot as the
principal use to which it is accessory.
Section 25 - USE REGULATIONS SCHEDULE (Continued)
Use Designation
ACCESSORY USES (Continued) RO
RS RH RT RD RM CR CH CM CO CN CG CB
25.9.10 Wholesale of commodities accessory to the permitted retail sale of such
commodities in the district No No No No No No No No No No SP SP
25.9.11 Outdoor storage of supplies and equipment incidental to permitted uses, subject
to appropriate requirements for location, lighting, screening, fencing, cover
and safety precautions No No No No No SPS SPS No SPS No SP SP
25.9.12 Outdoor overnight parking of freight-carrying or material-handling vehicles
and equipment No No No No No SPS SPS SPS No No Yes Yes
25.9.13 Manufacturing, processing or storing goods and materials as a part of and re-
lated solely to research, experimental and testing activities; maintenance
shops, power plants, keeping of animals, antennae and machine shops and similar
operations to support permitted uses No No No No No SPS SPS SPS No No No No
25.9.14 Uses accessory to permitted scientific research, development or related
production activities No No No No No SPS SPS SPS SPS No No No
PROHIBITED USES RO
RS RH RT RD RM CR CH CM CO CN CG CB
25.10.1 Any building or use not expressly permitted by this By-Law and not accessory to
such permitted building or use; any structure or use, whether or not otherwise
permitted or accessory to a permitted building or use, which may be disturbing
or detrimental to the health, safety or welfare of persons working or living in
the neighborhood by reason of special danger of fire or explosion, pollution of
water ways, corrosive or toxic fumes, heat, gas, smoke, soot, obnoxious dust
or glare, excessively bright or flashing lights, electromagnetic radiation,
offensive noise, or vibration No No No No No No No No No No No No
25.10.2 Junkyards (see definition) and automobile graveyards No No No No No No No No No No No No
ITEMIZATION OF CHANGES IN SECTION 25 - THE USE REGULATION SCHEDULE
New Old
Number Number COMMENT
25.2 25.20 the title for this subsection now includes the word EDUCATIONAL
25.2.2 25.21, .22 combine two lines and clarify the meaning of "other schools"
25. 3.1 25. 30 delete "fur-bearing"
25. 3.2 25.31 add "retail nurseries"
25.3. 3 25.32 strike "and nurseries", included in 25.3.2
25.4.1 25.40 delete real estate brokers (see 25.6.3)
25.4.2 introduce veterinarians
25.51 delete this line as the use is included in 25.50/25.5.1
25.5.1 25.50 delete asterisk in CN column, it is not needed, delete footnote
below 25.51
25.5.5 25.54 put car wash on a separate line
25.55 automobile graveyard included in 25.96/25.10.2
25.6.2 25.61 delete billboards, sign by-law handles .this
25.6. 3 introduce real estate and travel agencies
25.6.4 25.63 put banks on a separate line, require special permits for CB, CG
25.6.5 25.62 introduce "groceries and" for clarity, delete "branch banks",
require special permit for CN
25.6.12 25.69 put restaurants on a separate line, admit restaurants CR, CM, CO
25.6.13 introduce fast food service for clarity and better control
25.6.14 25.69 put take out food on a separate line for clarity and better control
25.6.15 put drive-in on a separate line for clarity and better control
25.6.16 25.69 rewrite to reflect above changes
25.7.2 25.72 words "of first or second class contruction" deleted,
state building code and Ch.808 take care of this
25.9.1 25.80 change four boarders to three boarders, delete parts cover-
ing parking of campers during the Bicentennial years
25.9.6 25.85 assure accessory uses are part of a motel
25.9.14 inserted to comply with Ch.808