HomeMy WebLinkAbout1982-03-18-rpt ;
i
Town of Lexington
;1982 R 7 ,11 2. 31
REPORT OF THE BY-LAWS COMMITTEE Tu4 "
TO
THE TOWN MEETING
AND
THE BOARD OF SELECTMEN
Submitted March 18 , 1982
By-Laws Committee Members
Paul Newman, Chairman
Marthur Kalil
Sheila Clemon- 'arp
Stephen T. Russian
Anthony L. Mancini
The By-Laws Committee , having been appointed by the Board
of Selectmen pursuant to Article 4 as adopted at the Annual
Town Meeting held March 16 , 1981 , was asked to review the
Town' s General By-Laws and make recommendations for their
revision. Our charge was to suggest changes that would bring
the By-Laws into conformity with both law and practice, and
that would otherwise improve the By-Laws . For five months the
Committee undertook this task, aided greatly by the comments of
numerous residents and officials of the Town. Our review has
resulted in our unanimous recommendation that the following
amendments be made to the Town ' s General By-Laws .
Article I - General Provisions
To amend Section 1 of Article I of the General By-Laws of
the Town of Lexington by striking out the words "Building,
Plumbing and Signs. "
Article III - The Calling and Notice of Town Meetings
To amend Section 2 of Article III of the General By-Laws of
the Town of Lexington by striking said Section 2 and
substituting therefor the following:
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"The warrant for a town meeting shall be served
by posting a printed copy thereof in the Town Office
Building and also by sending by mail , postage prepaid, not
less than seven days, or in the case of a special town
meeting not less than fourteen days, before the time stated
in the warrant for holding such meeting, a printed copy of
such warrant addressed to each dwelling house and to each
dwelling unit in multiple dwelling houses, apartment
buildings or other buildings in the Town. "
To amend Section 5 of Article III of the General By-Laws of
the Town of Lexington by striking the first sentence of said
Section 5 and substituting therefor the following:
"The annual meeting of the Town shall commence with
the opening of the polls for voting continuously from seven
o'clock in the morning until eight o 'clock in the evening. "
Article VI - Selectmen
To amend Section 5 of Article VI of the General By-Laws of
the Town of Lexington by striking the words "and in a public
place in each precinct and" and by substituting therefor the
word "or . "
To amend Section 6 of Article VI of the General By-Laws of
the Town of Lexington by striking the words "for eight hours
each weekday, except holidays and Saturdays" and by adding at
the end thereof the words "for such hours as are determined by
the Board of Selectmen. "
To amend Section 7 of Article VI of the General By-Laws of
the Town of Lexington by striking the words "one thousand
dollars" and substituting therefor the words "two thousand
dollars . "
To amend Section 9 of Article VI of the General By-Laws of
the Town of Lexington by striking it and substituting therefor
the following:
"The Selectmen shall provide and maintain under their
care and supervision, some suitable place or method for
free public disposal for the inhabitants of the town to
deposit ashes, cinders, papers and other refuse and rubbish
in accordance with such rules and regulations as the
Selectmen may from time to time make. "
Article VII - Town Clerk
To amend Sections 5 and 6 of Article VII of the General
By-Laws of the Town of Lexington by striking them in their
entirety and substituting therefor the present Section 7
renumbered as Section 5.
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Article XII - General Provisions
To amend Section 1 of Article XII of the General By-Laws of
the Town of Lexington by striking it and substituting therefor
the following:
"All committees, except as otherwise provided by law
or by by-law or by vote of the town meeting shall be
appointed in accordance with Section 2 of the
Selectmen-Town Manager Act (Chapter 753 of the Acts of
1968 , as amended ) . "
Article XIII - Appropriation Committee
To amend Section 1 of Article XIII of the General By-Laws
of the Town of Lexington by striking out the words in the
second paragraph "the joint school committee-teacherssalary
advisory committee or . "
Article XV - Town Celebrations Committee
To amend Section 1 of Article XV of the General By-Laws of
the Town of Lexington by striking out the words "April
thirtieth" and substituting therefor the words "June thirtieth. "
Article XVI - Recreation Committee
To amend Section 1 of Article XVI of the General By-Laws of
the Town of Lexington by striking it and substituting therefor
the following:
"The Town shall have a Recreation Committee. It shall
consist of five voters of the Town who shall be appointed
by the Town Manager , subject to the approval of the Board
of Selectmen. Upon the expiration of the term of a member ,
a successor shall be appointed for a term of three years.
Terms shall expire on May thirty-first, except that members
shall continue in office until their successors have been
duly appointed and qualified . "
To amend Section 2 of Article XVI of the General By-Laws of
the Town of Lexington by striking it and substituting therefor
the following:
"The Recreation Committee shall administer and have
the program and policy responsibility of the Public
playgrounds and recreation centers of the Town, except as
herein otherwise provided; shall have charge of conducting
and promoting thereon recreation, p,lay, sport and physical
education and subject to the approval of the Board of
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Selectmen may permit the use thereof by any department of
the Town or by any person, society or organization for such
other public, recreational, social or educational purposes
as the committee may deem proper; and with the consent of
the public officer or board having control thereof or of
the owner , may conduct and promote such activities on other
public property or on private property. In carrying out
its functions, the committee, consistent with Town
personnel policy, may utilize teachers, supervisqrs and
other personnel . "
]
Article XVII - Permanent Building Committee
To amend the second paragraph of Section 1 of Article XVII
of the General By-Laws of the Town of Lexington by substituting
"the first day of July" for "the first day of May" and
substituting "June thirtieth" for April thirtieth. "
Article XVIII - Trustees of Public Trusts
To amend Section 1 of Article XVIII of the General By-Laws
of the Town of Lexington by adding at the end thereof the words
"whose members shall be appointed by the Board of Selectmen as
set forth in Section 2B of the Selectmen-Town Manager Act
(Chapter 753 of the Acts of 1968 , as amended ) . "
Article XIX - Civil Defense
To amend Section 2 of Article XIX of the General By-Laws of
the Town of Lexington by adding after the words " (hereinafter
called the 'director ' " the words "who shall be appointed by the
Town Manager ) " and by striking the words "Board of Selectmen"
and substituting therefor the words "Town Manager . "
To amend Section 3 of Article XIX of the General By-Laws of
the Town of Lexington by striking the second sentence thereof
in its entirety and substituting therefor the following:
"Said council shall serve without pay and shall
consist of the Town Manager, director of civil defense,
police chief, fire chief, director of public works and
other persons as the Board of Selectmen may appoint. "
Article XX - Gas Inspector
To amend Article XX of the General By-Laws of the Town of
Lexington by striking it in its entirety and substituting
therefor the present Article XXXII .
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Article XXI - Town Counsel
To amend Section 2 of Article XXI of the General By-Laws of
the Town of Lexington by striking it in its entirety.
To amend Section 3 of Article XXI of the General By-Laws of
the Town of Lexington by adding at the end thereof the words
"unless authorized by the Board of Selectmen" and renumbering
it Section 2 .
To amend Sections 4 and 5 of Article XXI of the General
By-Laws of the Town of Lexington by renumbering them Sections 3
and 4 respectively.
To amend Section 6 of Article XXI of the General By-Laws of
the Town of Lexington by striking the word "fiscal" in
subsection (a) of the first sentence, by striking the third
sentence "Such reports shall also show the separate amounts
received by the Town Counsel as compensation and for
disbursement in each of such actions during such year, and for
all other services not covered by his regular salary" in its
entirety, and by renumbering it Section 5.
To amend Section 7 of Article XXI of the General By-Laws of
the Town of Lexington by renumbering it Section 6 .
Article XXV - General Regulations
To amend Section 8 of Article XXV of the General By-Laws of
the Town of Lexington by striking it in its entirety.
To amend Sections 9 , 10 , and 11 of Article XXV of the
General By-Laws of the Town of Lexington by renumbering them
Sections 8 , 9 , and 10 respectively.
To amend Section 12 of Article XXV of the General By-Laws
of the Town of Lexington by striking it in its entirety and
substituting therefor the following renumbered as Section 11 :
"No owner or agent having charge of any building
or lot of land abutting on a sidewalk within all commercial
and industrial districts as defined in Section 4 . 2 of the
Zoning By-Laws of the Town of Lexington, shall place or
permit or suffer to remain for more than four hours between
sunrise and sunset any snow or ice upon such sidewalks
which impedes the orderly flow or safety of pedestrian
traffic upon such sidewalks, unless such ice is made even
and covered with sand or some like material to prevent
slipping. "
To amend Section 13 of Article XXV of the General By-Laws
of the Town of Lexington by renumber,ing it Section 12 .
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To amend Section 14 of Article XXV of the General By-Laws
of the Town of Lexington by striking it in its entirety and
substituting therefor the following renumbered as Section 13 :
"No owner of a building abutting upon or adjacent to
the line of any street, or his agent having care thereof,
shall cause, pump, permit or suffer water from the roof of
such building or from the building itself, to discharge
upon or flow across or in any way affect the safety of the
surface of the sidewalk or public way adjacent to such
building. "
To amend Sections 15 and 15A of Article XXV of the General
By-Laws of the Town of Lexington by renumbering them Sections
14 and 15 respectively.
To amend Section 16 of Article XXV of the General By-Laws
of the Town of Lexington by striking the word "superintendent"
wherever it appears and substituting therefor the word
"director" in each instance.
To amend Section 17 of Article XXV of the General By-Laws
of the Town of Lexington by adding at the end thereof the
following words :
"Such signs must conform to the Sign Regulations
set forth in the Zoning By-Laws of the Town. "
To amend Section 18 of Article XXV of the General By-Laws
of the Town of Lexington by adding at the end thereof the
following words:
"Such signs must conform to the Sign Regulations
set forth in the Zoning By-Laws of the Town . "
To amend Section 21 of Article XXV of the General By-Laws
of the Town of Lexington by adding at the end thereof the word
"Meeting . "
To amend Section 25 of Article XXV of the General By-Laws
of the Town of Lexington by striking it in its entirety and
substituting therefor the following:
"No person shall behave or conduct himself on the
Battle Green otherwise than in a quiet and orderly manner
in keeping with a respectful regard and reverence for the
memory of the patriotic service and sacrifice there so
nobly rendered. No person shall engage or take part in any
game, sport , picnic, or performance on the Battle Green
without the written permission of the Selectmen where the
same would interfere with the safe, convenient , and
appropriate use thereof , or where such act disturbs the
safety of persons or property. No person shall climb upon,
deface, mutilate, or otherwise injure any tree, shrubbery,
monument , boulder , fence, seat, or structure on the Battle
Green. "
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To amend Section 27 of Article XXV of the General By-Laws
of the Town of Lexington by:
1 . Striking the words "under Section 25. 80 of" and
substituting therefor the words "as defined by. "
2 . Striking the words "of Section 27 . "
3 . Striking the words "acting under Section 25 . 94 of
the Zoning By-Law. "
Article XXVI - Public Conduct
To amend Section 1 of Article XXVI of the General By-Laws
of the Town of Lexington by striking it in its entirety.
To amend Sections 2 , 3 , and 4 of Article XXVI of the
General By-Laws of the Town of Lexington by renumbering them
Sections 1 , 2 and 3 , respectively.
To amend Section 5 of Article XXVI of the General By-Laws
of the Town of Lexington by striking it and substituting
therefor the following renumbered as Section 4 :
"No person shall - with purpose to cause public
inconvenience, annoyance or alarm or recklessly creating a
risk thereof - engage in fighting or threatening, or in
violent or tumultuous behavior , or create a hazardous or
physically offensive condition by any act which serves no
legitimate purpose of the actor . "
To amend Section 6 of Article XXVI of the General By-Laws
of the Town of Lexington by striking it and substituting
therefor the following renumbered as Section 5 :
"No person shall loiter or continue to sit ,
lie or stand in any street, public place or public building
so as to obstruct or impede the free passage of any other
person after being otherwise directed by a police officer
or by posted sign. "
To amend Sections 7 and 8 of Article XXVI of the General
By-Laws of the Town of Lexington by striking them in their
entirety.
To amend Section 9 of Article XXVI of the General By-Laws
of the Town of Lexington by renumbering it Section 6 .
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Article XXVII - Licensed Persons
To amend Section 2 of Article XXVII of the General By-Laws
of the Town of Lexington by striking therefrom the word
"canvasser . "
Article XXVIII - Animals
To amend Section 4 of Article XXVIII of the General By-Laws
of the Town of Lexington by striking the word "a" and
substituting therefor the word "to. "
Article XXX -- Loam, Sand and Gravel - Removal
To amend Article XXX of the General By-Laws of the Town of
Lexington by striking it and substituting therefor the
following:
REMOVAL AND PLACEMENT OF LOAM, SAND, GRAVEL, ETC.
Section 1 . The removal or placement during any twelve
month period of more than twenty-five cubic yards of topsoil ,
rock , sod, loam, peat, humus, clay, sand or gravel from or upon
any land in the Town not in public use is prohibited unless
authorized by a permit from the Board of Appeals , except under
the following circumstances :
(a) When such removal or placement is incidental
to and in connection with the erection or removal on
that site of a building for which a permit has been
issued by the Building Commissioner of the Town.
(b) When such removal or placement is required in order
to construct a street that has been approved by the
Planning Board over the location from which such
removal or placement is made.
(c ) When such removal or placement is in accordance with
special permission from the Board of Appeals issued
under the provisions of the Zoning By-Laws.
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Section 2 . Application for permit shall be filed with the
Board of Appeals by the record owner of the land and shall be
accompanied by a plan showing the location, boundaries and area
of the land involved and the portion thereof from which the
applicant proposes to remove material or upon which he proposes
to place material .
Section 3 . The Board of Appeals shall fix a reasonable
time for a public hearing on the application and shall give
public notice thereof, at the expense of the applicant, by
publishing notice of the time, place and purpose of the hearing
in a local newspaper at least fourteen days before said hearing
and by mailing a copy of said notice to the applicant and to
the owners of all property deemed by said Board to be affected
thereby, as they appear on the most recent local tax list, at
least seven days before said hearing .
Section 4 . In granting a permit the Board of Appeals shall
impose limitations as to the time and as to the extent of the
permitted removal or placement and such other appropriate
conditions, limitations and safeguards as the Board deems
necessary for the protection of the neighborhood and of the
public health, safety, convenience and welfare, and may
condition the continuance of the permit upon compliance with
regulations of the Board of Appeals then in force or thereafter
adopted . In its discretion the Board may require a surety
bond, cash or other adequate security to insure compliance with
the terms, conditions and limitations of the permit .
Section 5 . The penalty for violation of this By-Law shall
be as follows : for the first offense , fifty dollars; for the
second offense, one hundred dollars; and for each subsequent
offense, two hundred dollars .
Article XXXIII - Wetland Protection
To amend Article XXXIII o-f the General By-Laws of the Town
of Lexington by renumbering it Article XXXII .
* * * * * * *
This report is unanimously approved by all five members of
the By-Laws Committee.
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Paul Ne : an Sheila Clemon-Karp
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Stephen ' . HussiA Anthony Mancini
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March 24, 1982
Miss Mary R. McDonough
Town Clerk
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02173
Dear Miss McDonough:
At the meeting of the Selectmen earlier this week, it was
pointed out to me that one minor correction should be made to
the Report of the By-Laws Committee which was submitted to you
on March 18, 1982. That change occurs on Page 8 of the Report,
at Article XXX, Section 1 (a) . The correction consists of
substituting the word "Commissioner" for the word "Inspector. "
I am enclosing a clean original Page 8 so that you could
insert it in place of the old Page 8 , thereby creating a
corrected original report . Thank you again for your continued
assistance to our Committee.
Sincerely,
PAUL NEWMAN
PN/dsf
Enclosure
-8- lam, ?
Article XXVII - Licensed Persons
To amend Section 2 of Article XXVII of the General By-Laws
of the Town of Lexington by striking therefrom the word
"canvasser . "
Article XXVIII - Animals
To amend Section 4 of Article XXVIII of the General By-Laws
of the Town of Lexington by striking the word "a" and
substituting therefor the word "to. "
Article XXX - Loam, Sand and Gravel - Removal
To amend Article XXX of the General By-Laws of the Town of
Lexington by striking it and substituting therefor the
following:
REMOVAL AND PLACEMENT OF LOAM, SAND, GRAVEL, ETC.
Section 1. The removal or placement during any twelve
month period of more than twenty-five cubic yards of topsoil,
rock, sod, loam, peat, humus, clay, sand or gravel from or upon
any land in the Town not in public use is prohibited unless
authorized by a permit from the Board of Appeals, except under
the following circumstances:
(a ) When such removal or placement is incidental
to and in connection with the erection or removal on
that site of a building for which a permit has been
issued by the Building Inspector of the Town.
(b) When such removal or placement is required in order
to construct a street that has been approved by the
Planning Board over the location from which such
removal or placement is made.
( c) When such removal or placement is in accordance with
special permission from the Board of Appeals issued
under the provisions of the Zoning By-Laws.
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