HomeMy WebLinkAbout1977-12-05-STM-min (WARRANT FOR SPECIAL TOWN MEETING IN WARRANT FILE)
SPECIAL TOWN MEETING - DECEMBER 5, 1977
The meeting was called to order in Cary Memorial Hall at 8:08 -P.M. by the
Moderator, Lincoln P. Cole, Jr.
There were 169 Town Meeting Members present.
The invocation was offered by Rev. Ted Ross Peterson of the Church of Our
Redeemer. 8:10 P. M.
- Town warrant for the meeting was read by Mary R. McDonough, Town Clerk,
until further reading was waived. 8:12 P. M.
The Town Clerk read the Constable's Return of the Warrant. 8:12 P. M.
Article 1. Donald B. White, Chairman of the Appropriation Committee, moved
that the Report.of the Appropriation Committee be accepted and
placed on file.
Carried Unanimously. 8:12 P.M.
The Moderator stated that Article 1 would remain open throughout
the meeting. 8 :12 P.M.
Article 2. Presented by Manfred P. Friedman.
MOTION: That the Town accept Chapter 808 of the Acts of 1975.
8:12 P.M.
Mr. Friedman filed the Report of the Planning Board. 8:13 P.M.
After giving an explanation, Mr. Friedman stated that the Planning
Board unanimously recommends passage of Article 2.
8 :18 P.M.
Main motion, as presented by Mr. Friedman, declared carried unanimously.
8:20 P.M.
Article 3. Presented by Manfred P. Friedman.
(App. by MOTION: That Section 10 of the Zoning By -Law of the Town be amended
Atty. as set forth in the article.
Gen., 8:20 P.M.
Mar. 15,
1978• Mr. Friedman filed the Report of the Planning Board. 8:20 P.M.
Posted
in Town (Article 3 as set forth in the warrant:
Office
Bldg. To see if the Town will vote to amend Section 10 of the Zoning By -Law
& 9 by:
Prec.
on 1. Striking the words "General Laws, Chapter 40A, Section 1 to 22
Apr. 4, inclusive" and substituting therefor the words "Section 2A of
1978.) Chapter 808 of the Acts of 1975"
2. Striking the words "and of General Laws, Chapter 143,"
3. Striking the word "materials,"
or act in any other manner in relation thereto.)
Main motion, as presented by Mr. Friedman, declared carried unanimously.
8:22 P.M.
(Sp ecial Town Meeting - December 5, 1977.)
Article 4. Presented by Manfred P. Friedman.
MOTION: That Section 11 of the Zoning By -Law of the Town be amended
as set forth in the motion printed on Page 2 of the Planning Board
(App. Reports. The word "with" in the first paragraph is to read "within ".
by Atty. 8:23 P.M.
General,
Mar. 15, Mr. Friedman filed the Report of the Planning Board. 8:23 P.M.
1978.
Posted Mr. Friedman stated that the Planning Board unanimously recommends the
in acceptance of Article 4. 8:25 P.M.
Town
Office
Bldg. (Article 4 as set forth in the motion printed on Page 2 of the Planning
& 9 Board Reports with the above correction incorporated:
Precincts
on MOTION: To amend Section 11 of the Zoning By -Law by:
Apr. 4,
1978.) 1. Adding a new paragraph at the end of Section 11 as follows:
"If the Building Commissioner is requested in writing to enforce
this By -Law against any person allegedly in violation of the same,
he shall notify in writing the party requesting such enforcement
of any action or refusal to act, and the reasons therefor, within
fourteen days of receipt of such request."
2. Renumbering Subsections 11.3 and 11.4 to 11.4 and 11.5 respectively
and adding a new Subsection 11.3 as follows:
11.3 "Construction on or use of property under a building permit
shall conform to any subsequent amendment of this By -Law unless
the use or construction is commenced within a period of six months
after the issuance of the building permit and in cases involving
construction, unless such construction is continued through to
completion as continuously and expeditiously as is reasonable. ")
Main motion, as presented by Mr. Friedman, declared carried unanimously.
8:34 P.M.
Article 5. Presented by Manfred P. Friedman.
MOTION: That Section 14 of the Zoning By -Law of the Town be amended
as set forth in the article.
(App. by 8:34 P.M.
Atty.
General, Mr. Friedman filed the Report of the Planning Board and stated that
Mar. 15, the Planning Board unanimously recommends passage of Article 5.
1978. 8:35 P.M.
Posted
in
Town (Article 5 as set forth in the warrant:
Office
Bldg. To see if the Town will vote to amend the Zoning By -Law by striking
& 9 Section 14 and substituting therefor:
Prec.
on Section 14. All amendments to these By -Laws shall be made in a
Apr. 4, manner conforming with Section 5 of Chapter 40 A of the General Laws.
1978.)
or act in any other manner in relation thereto.)
Main motion, as presented by Mr. Friedman, declared carried unanimously.
8:37 P.M.
i;
(Special Town Meeting - December 5, 1977.)
Article 6. Presented by Manfred P. Friedman.
MOTION: That Section 40 of the Zoning By -Law of the Town be amended
as set forth in the article.
(App. 8:37 P.M.
by
Atty. Mr. Friedman filed the Report of the Planning Board and stated that the
General Planning Board unanimously recommends acceptance of Article 6.
Mar. 15, 8:37 P.m.
1978.
Posted
in (Article 6 as set forth in the warrant:
Town
Office To see if the Town will vote to amend Section 40 of the Zoning By -Law
Bldg. as follows by:
& 9
Prec. 1. Adding three new definitions as follows:
Apr. 4,
1978) SPECIAL PERMIT GRANTING AUTHORITY: The authority empowered to
grant special permits, which shall be the Board of Appeals unless
some other board is so designated in these By -Laws.
SPCA: Special Permit Granting Authority.
CLUSTER DEVELOPMENT: A subdivision of land for one family
dwellings on lots having reduced area or frontage or both,
subject to a special permit issued in accordance with the
provisions of Section 33.
2. Striking PLANNED UNIT DEVELOPMENT and its definition.
3. Striking the words "Part 4" in the title of the Section.
4. Striking the title "Section 40" and replacing it with the title
"Section 1 ".
or act in any other manner in relation thereto.)
Main motion, as presented by Mr. Friedman, declared carried unanimously.
8:40 P.M.
Article 7. Presented by Manfred P. Friedman.
MOTION: That Sections 12, 12.1 and 12.2 of the Zoning By -Law of the Town
be amended as set forth in the motion printed on Pages 5 and 6 of the
Planning Board Reports. The designation "Section 12" in paragraph 3
is to read "12.2 ".
(App. 8:40 P.M.
by ,
Atty. Mr. Friedman filed the Report of the Planning Board and stated that the
General, Planning Board unanimously supports the acceptance of Article 7.
Mar. 15, 8 :46 P.M.
1978.
Posted
in ((Article 7 as set forth in the motion printed on Pages 5 and 6 of the
Town Planning Board Reports with the above correction incorporated:
Office
Bldg. MOTION: To amend Sections 12, 12.1, and 12.2 of the Zoning By -Law by:
& 9
Prec. 1. Striking the second paragraph of Section 12.
Apr. 4,
1978) 2. Striking Section 12.1 and substituting therefor:
Section 12.1 Appeals - The Board of Appeals shall hear and
decide appeals taken by any person aggrieved by reason of his
inability to obtain a permit or enforcement action from any
administrative officer under the provisions of Chapter 40A,
General Laws, by the regional planning agency in whose area the
Town is situated or by any person including an officer or board
of the Town, or of any abutting city or town aggrieved by an
order or decision of the Building Commissioner, or other admini-
strative official in violation of any provision of Chapter 40A,
General Laws, or of this By -Law.
(Special Town Meeting - December 5, 1977.)
Article 7. 12.11 Such appeal shall be taken within thirty days from the
(Cont.) date of the order or decision being appealed, by filing three
copies of a notice of appeal, specifying the grounds therefor,
with the Town Clerk. The Town Clerk shall forthwith transmit
said copies to the officer or board whose decision is being
appealed, and to the Board of Appeals. The Board of Appeals
shall hold a hearing on any appeal within 65 days of the filing,
shall properly serve notice of such hearing, and shall render its
decision within 75 days of the filing.
3. Striking Section 12.2 and substituting therefor:
Section 12.2 Special Permits - The Special Permit Granting
Authority shall hear and decide applications for special permits
for uses as provided in this By -Law, subject to any general or
specific rules therein contained, and subject to appropriate
conditions, safeguards and limitations on time or use. In granting
a special permit, the SPGA shall impose such additional conditions
and safeguards as furthers the following objectives: To lessen
congestion in the streets, to conserve health; to secure safety
from fire, flood, panic and other dangers; to provide adequate
light and air; to facilitate the adequate provision of drainage,
parks open space and other public requirements; to encourage
housing for persons of all economic levels; to conserve the value
of land and buildings, including the conservation of natural
resources and the prevention of blight and pollution of the
environment; to encourage the most appropriate use of lands
throughout the Town and to preserve and increase amenities. Such
special permit may be granted when in the judgment of the SPGA the
public welfare and convenience will be substantially served thereby,
where a requested permit will not tend to impair the status of the
neighborhood, and only for uses which are in harmony with the
general purpose and intent of this By -Law.
12.21 At the time of filing the applicant shall file one copy
with the Town Clerk and six copies with the special Permit Granting
Authority which shall forthwith deliver copies to the Planning
Board, Board of Selectmen, Conservation Commission, Board of
Health and Town Engineering Department. The SPGA shall hold a
hearing on any properly completed application within 65 days after
filing, shall properly serve notice of such hearing, and shall
render its decision within 90 days of said hearing.
12.22 Construction on or use of property under a special permit
shall conform to any subsequent amendment of this By -Law unless
the use of construction is commenced within six months after the
issuance of the permit and in cases involving construction, unless
such construction is continued through to completion as continuously
and expeditiously as is reasonable. A special permit shall lapse
two years from the granting thereof or such shorter time as
specified in said permit if a substantial use thereof has not
sooner commenced except for good cause or, in the case of a permit
for construction, if construction has not begun by such date except
for good cause, but such period shall be extended by the time
required to pursue or await determination of an appeal.)
Harry A. Hall, III moved to amend the motion by striking the words
"as furthers the following objectives" and substituting therefor
the words "including but not limited to the following objectives ".
8:58 P.M.
The Planning Board, as stated by Mr. Friedman, has no objections
to this amendment. 8:59 P.M.
Alfred S. Busa moved to table Article 7. 9:05 P.M.
Motion to table Article 7, as moved by Selectman, Alfred S. Busa,
declared lost by voice vote. 9:05 P.M.
Mr. Hall's motion to amend Article 7 declared lost by voice vote.
9:09 P.M.
Main motion, as presented by Mr. Friedman, declared. carried
unanimously. 9:10 P.M.
(Special Town Meeting - December 5, 1977.) 237
Article 8. Presented by Albert P. Zabin.
MOTION: That Section 12.3 of the Zoning By -Law of the Town be amended
as set forth in the article. The word "appellant" in Section 12.3 is
to read "applicant ".
9:10 P.M.
(See Mr. Zabin filed the Report of the Planning Board. 9:10 P.M.
also
Pages (Article 8 as set forth in the warrant with the necessary correction
261 & incorporated:
262)
To see if the Town will amend the Zoning By -Law by striking Section
12.3 and substituting therefor the following:
Section 12.3 Variances - The Board of Appeals may authorize upon
appeal or upon petition with respect to particular land or structures
a variance from the terms of this By -Law provided however that the
Board of Appeals shall not grant a use variance. The Board of
Appeals may grant a; variance if :it specifically finds that owing to
circumstances relating to the soil conditions, shape or topography of
such land or structures and especially affecting such land or structures
but not affecting generally the zoning district in which it is located,
a literal enforcement of the provisions of the By -Law would involve
substantial hardship, financial or otherwise, to the petitioner or
applicant, provided that said variance may be granted without sub-
stantial detriment to the public good and without nullifying or sub-
stantially derogating from the intent or purpose of this By -Law. The
Board of Appeals may impose conditions, safeguards and limitations
both of time and of use.
12.31 Requests for a variance shall be made by filing two copies with
the Board of Appeals and one copy with the Town Clerk; the Board of
Appeals shall forthwith transmit one copy to the Planning Board. The
Board of Appeals shall hold a hearing on any request for a variance
within 65 days of the filing, shall properly serve notice of such
hearing, and shall render its decision within 75 days of the filing
of the application.
12.32 If the rights authorized by a variance are not exercised within
one year of the date of the grant thereof, they shall lapse, and may be
reestablished only after due notice and public hearing as provided in
Chapter 40A, General Laws.
or act in any other manner in relation thereto.)
Mr. Zabin gave an explanation of the article. 9:20 P.M.
Article 1. William J. Scouler moved that the Report of the Board of Appeals on
its position on the Zoning Articles 8, 10, 11 and 13 be accepted and
placed on file.
Motion adopted. 9:20 P.M.
Article 8.William J. Scouler moved that the motion be amended under Section 12.3
(Cont.) Variances - by striking the words " provided however that the Board of
Appeals shall not grant a use variance in lines 3 and 4 and substituting
therefor the words " including use variances
I and further that the word " after the word "shape" in line 6 be
stricken and a comma substituted therefore and that a comma and the
words " use be inserted after the word "topography"
so that Article 8, Section 12.3 Variances will read as follows:
Section 12.3 Variances - The Board of Appeals may authorize upon
appeal or upon petition with respect to particular land or structures
a variance from the terms of this By -Law including use variances. The
Board of Appeals may grant a variance if it specifically finds that
owing to circumstances relating to the soil conditions, shape, topo-
graphy or uses of such land or structures and especially affecting
such land or structures but not affecting generally the zoning district
238 (Special Town Meeting - December 5, 1977.)
Article 8. in which it is located, a literal enforcement of the provisions of the
(Cont.) By -Law would involve substantial hardship, financial or otherwise, to
the petitioner or applicant, provided that said variance may be
granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of
this By -Law. The Board of Appeals may impose conditions, safeguards
and limitations both of time and of use.
9:23 P.M.
At Mr. Scouler's request, George P. Wadsworth, Chairman of the Board
of Appeals, spoke from the balcony in favor of this amendment to the
original motion. 9:33 P.M.
Mr. Scouler moved to amend his amendment by striking the comma after
the word "shape" in line 6 and the word "or" be substituted therefor
and to strike the words "or uses" after the word "topography ".
9:33 P.M.
Mr. Scouler's amendment to his amendment was adopted by voice vote.
9:34 P.M.
The amended amendment now reads:
MOTION: That the motion be amended under Section 12.3 Variances - by
striking the words " provided however that the Board of Appeals shall not
(Amended grant a use variance in lines 3 and 4 and substituting therefor the
amend- words " including use variances
ment.)
so that Article 8, Section 12.3 Variances will read as follows:
Section 12.3 Variances - The Board of Appeals may authorize upon
appeal or upon petition with respect to particular land or structures a
variance from the terms of this By -Law including use variances The
Board of Appeals may grant a variance if it specifically finds that
owing to circumstances relating to the soil conditions, shape or topo-
graphy of such land or structures and especially affecting such land
or structures but not affecting generally the zoning district in which
it is located, a literal enforcement of the provisions of the By -Law
would involve substantial hardship, financial or otherwise, to the
petitioner or applicant, provided that said variance may be granted
without substantial detriment to the public good and without nullifying
or substantially derogating from the intent or purpose of this By -Law.
The Board of Appeals may impose conditions, safeguards and limitations
both of time and of use.
Margery M. Battin, Chairman, stated that a majority of the Board of
Selectmen supported Mr. Scouler's amendment.
9:52 P.M.
Voice vote on Mr. Scouler's amended amendment was doubted, so a
standing vote was taken as follows:
PRECINCT IN FAVOR TEL LERS OPPOSED
1 10 Patricia K. Hagedorn 6
2 12 Lillian T. MacArthur 7
3 4 Gloria V. Holland 13
4 4 Joseph O. Rooney 11
5 7 Guy W. Doran 9
6 1 Frank B. Stille 12
8 12 Ione D. Garing 4
9 5 Gordon E. Barnes, Jr. 6
At Large 14 Edward E. Furash 7
7 4 Alice M. Pierce 12
Totals 73 87
Mr. Scouler's amended amendment was not adopted. 9:56 P.M.
Voice vote on the main motion, as presented by Mr. 2,abin, was not
unanimous, so a. standing vote taken as follows:
(Special Town Meeting - Decemb 5, 1977.) R
239
Article 8. PRECINCT IN FAVOR TELLERS OPPOSED
(Cont.)
1 6 Patricia K. Hagedorn 10
2 10 Lillian T. MacArthur 10
3 17 Gloria V. Holland 0
4 12 Joseph O. Rooney 3
5 9 Guy W. Doran 7
6 13 Frank B. Stille 0
7 15 Alice M. Pierce 1
8 6 Ione D. Garing 10
9 7 Gordon E. Barnes, Jr. 4
At Large 10 Edward E. Furash 10
Totals 105 55
Less than the required two- thirds having voted in favor, the main
motion, as presented by Mr. Zabin, is not adopted.
10 P.M.
Albert P. Zabin served notice of reconsideration of Article 8. 10 P.M.
Article 9. Presented by Manfred P. Friedman.
MOTION: That the Zoning By -Law of the Town be amended by establishing
a new Section 2 as set forth in the article. The first sentence of
(App. Section 2 (2) is to read: "By a covenant running with the land, executed
by and duly recorded by the owner of record, whereby the conditions and
Atty. safeguards included in such special permit shall be performed before
General, any lot may be conveyed other than by mortgage deed."
Mar. 15, 10:01 P.M.
1978.
Posted Mr. Friedman filed the Report of the Planning Board and stated that the
in Planning Board unanimously recommends passage of Article 9.
Town 10:02 P.M.
Office
Bldg. (Article 9 as set forth in the warrant with the above correction
& 9 incorporated:
Prec.
Apr. 4, To see if the Town will amend the Zoning By -Law by establishing a new
1978) Section 2 as follows:
Section 2. The Special Permit Granting Authority, as a condition of
granting a special permit may require that the performance of the
conditions and observance of the safeguards of such special permit be
secured by one, or in part by one and in part by the other, of the
methods described in the following clauses (1) and (2). The SPCA
shall administer this securing of performance.
(1) By a proper bond or a deposit of money or negotiable securities
or letter of credit, sufficient in the opinion of the SPGA to secure
performance of the conditions and observance of the safeguards of
such special permit.
(2) By a covenant running with the land, executed and duly recorded
by the owner of record, whereby the conditions and safeguards
included in such special permit shall be performed before any lot
may be conveyed other than by mortgage deed. Nothing herein shall
be deemed to prohibit a conveyance by a single deed, subject to
such covenant of the entire parcel of land, the development of
which is governed by the special permit.
2.1 Until completion of the development the penal sum of any
deposit or security held under clause one (1) above may from
time to time be reduced by the SPGA by an amount not to exceed
850 of the value of work originally estimated.
2.2 Upon the completion of the development or upon performance of
the conditions and safeguards imposed by such special permit,
security for the performance of which was given, the applicant
shall send by registered mail to the SPGA an affidavit that the
conditions and safeguards in connection with which such security
has been given have been complied with. If the SPGA determines
that the conditions and safeguards of the special permit have
(Special Town Meeting - December 5, 1977.)
240
Article 9. been complied with, it shall release the interest of the Town in such
(Cont.) security, return or release the security to the person who furnished
the same, or release the covenant by appropriate instrument, duly
acknowledged. If the SPGA determines that the conditions or safeguards
included in the special permit have not been complied with, it shall
specify the conditions or safeguards with which the applicant has not
complied in a notice sent by registered or certified mail, to the
applicant. If the SPGA fails to send such a notice within sixty days
after it receives the applicant affidavit, all obligations under the
security shall cease and terminate, any deposit shall. be returned and
any such covenant become void. Upon failure of the applicant to
complete such work to the satisfaction of the SPGA and in accordance
with all applicable plans, regulations and specifications, the Town
shall be entitled to enforce such bond or to realize upon such
securities to the extent necessary to complete all such work without
delay.
or act in any other manner in relation thereto.)
Main motion, as presented by Mr. Friedman, declared carried unanimously.
10:02 P.M.
Article 10. Manfred P. Friedman moved that Article 10 be taken up after Article 14.
Carried Unanimously. 10:02 P.M.
(See Pages 263 -271. For adopted motion: See Pages 269 -271.)
Article 11. Presented by Manfred P. Friedman.
(App, by MOTION. That Section 30.3 of the Zoning By -Law of the Town be amended
Atty.Gen. as set forth in the motion printed on page 16 of the Planning Board
Mar. 15, Reports.
1978. 10:03 P.M.
Posted:
Tn. Off. Mr. Friedman filed the Report of the Planning Board and stated that
Bldg. the Planning Board unanimously recommends acceptance of Article 11.
& 9 10:03 P.M.
Prec.
Apr. 4, (Motion under Article ll as set forth in the motion printed on page
1978) 16 of the Planning Board Reports:
MOTION: That Section 30 of the Zoning By -Law of the Town of Lexington
be amended as follows:
30.3 A lawfully existing, non - conforming one- or two - family dwelling
(Motion or accessory buildings thereto may be extended or enlarged in accordance
as with the provisions of Section 11.2 of this By -Law provided such
adopted) extension or enlargement does not increase the non - conformity and
does not violate any dimensional controls applicable at the time of
the approval for such extension or enlargement. Any other lawfully
existing non - conforming building shall not be extended or enlarged
except with a variance granted by the Board of Appeals under the
provision of Section 12.3 of this By -Law, and provided the Board of
Appeals finds that such change, extension or alteration shall not be
substantially more detrimental to the neighborhood than the existing
non- conforming building.)
William J. Scouler served notice of reconsideration of his amended amendment
under Article 8. 10:08 P.M.
Article 11. Allen Lee Whitman, Jr. moved that the Planning Board Motion under
(Cont.) Article 11 be amended by striking the word " non- conformity in line 4
and substituting the words " area of the dwelling more than 25% of the
present foundation area during the life of the non - conformity and
substitute the words "special permit" for "variance" so that the motion
now reads as follows:
(Special Town Meeting - December 5, 1977.) Un
241
Article 11. Section 30.3 A lawfully existing, non - conforming one- or two - family
(Cont.) dwelling or accessory buildings thereto may be extended or enlarged in
accordance with the provisions of Section 11.2 of this By -Law provided
such extension or enlargement does not increase the area of the
dwelling more than 25% of the present foundation area during the life
of the non - conformity and does not violate any dimensional controls
applicable at the time of the approval for such extension or enlarge-
ment. Any other lawfully existing non - conforming building shall not
be extended or enlarged except with a special permit granted by the
Board of Appeals under the provision of Section 12.3 of this By -Law,
and provided the Board of Appeals finds that such change, extension
or alteration shall not be substantially more detrimental to the
neighborhood than the existing non - conforming building.
10:11 P.M.
(See Allen Lee Whitman, Jr. moved to lay Article 11 on the table which
Page was declared carried unanimously. 10:20 P. M.
250)
Article 12. Presented by Eric T. Clarke.
MOTION: That Section 38 of the Zoning By -Law of the Town be amended
by striking it out and substituting therefor a new section 38 as set
forth in the motion printed on pages 18 to 24 of the Planning Board
(See Reports beginning with the fourth line on page 18 and ending on the
Pages 29 line on page 24. The words "planned unit development" wherever
245 - they appear are to read "multi- dwelling ".
249 10:20 P.M.
for
motion Mr. Clarke filed the Report of the Planning Board and stated that the
as Planning Board recommends the adoption of the revised version of
adopted) Section 38 as proposed in the motion under Article 12.
10:20 P.M.
(Motion as set forth in the motion printed on pages 18 to 24 of the
(Art. 12 Planning Board Reports beginning with the fourth line on page 18 and
App. by ending on the 29 line on page 24 with the above correction incorpor-
Atty. ated:
General
Mar. 15, MOTION: That Section 38 of the Zoning By -Law be amended by striking
1978. it out and substituting therefor the following:
Posted:
Town SECTION 38: Multi- Dwelling District - RD
Office
Bldg. 38.11 General Objectives. The RD District is intended to allow
& 9 greater flexibility in land use planning for the development of
Prec. tracts of land in terms of density, preservation of open spaces,
Apr. 4, utilization of natural features, provision of municipal services and
1978) providing a variety of housing types and styles; to ensure that site
development plans will be presented to the Town Meeting in connection
with a proposal to rezone a tract of land to RD; and to enable the
Board of Appeals to require adherence to such site development plans
in the granting of a special permit as hereinafter described.
38.12 Land Uses and Dimensional Control in the Absence of Special
Permit. Except where a special permit has been granted by the Board
of Appeals pursuant to the procedure hereinafter described, land uses
and dimensional controls in RD districts contained within the
geographical limits of the RS district, as defined in Subsection
22.2 shall be the same as those of the RS district, and within the
geographical limits of the RO districts shall be the same as those
of the RO districts.
i
38.13 Any development permitted in an RD district shall comply with
the Schedule of Dimensional Controls for RD districts set out in
section 27 of the By -Law. Interior drives within an RD development
shall be designed to such street standards as the Planning Board
may require in accordance with its Rules and Regulations governing
the subdivision of land.
38.14 Compliance with Other Rules and Regulations.
Nothing contained herein shall in any way exempt a proposed sub-
division in an RD district from compliance with the rules and
regulations of the Planning Board, nor shall it in any way affect
the right of the Board of Health and of the Planning Board to approve,
X
XSW ( Special Town Meeting - December 5, 1977.)
242
Article 12. with or without modifications, or disapprove a subdivision plan in
(Cont.) accordance with the provisions of such rules and regulations and of
the subdivision control law.
38.15 Town Meeting Presentation. Every proposal presented to the
Town Meeting for rezoning land to an RD zone shall include a site
development plan which shall show in a general manner, drawn to
scale, the proposed locations, types and floor plans for proposed
building and other structures, proposed locations, design and
dimensions of streets, drives, parking areas and other paved areas,
the proposed grading, drainage system, and location of major
utilities in the development, and the open space. The site develop-
ment plan shall show the proposed dwelling unit density, total floor
area and the extent of open space or shall be accompanied by a tabu -
lation of the same. A copy of the site development plan, which shall
be deemed to include any literature and commitments, authorized by
the developer which has been presented to Town Meeting shall be
filed with the Town Clerk before the vote and shall be part of the
site development plan.
38.16 There shall be provided at least 1 1/2 parking spaces per
dwelling unit, located in parking lots or in garages or under or
within buildings which contain dwelling units.
38.17 Permissible housing types include all single and multiple -
occupancy housing types used for human occupancy. Any type of
ownership may be permitted. The site development plan may also
include non- residential uses which will serve primarily the inhabitants
of such multi - dwelling development provided such non - residential uses
will enhance the character, amenities and convenience of those who
will live in the multi- dwelling development.
38.18 At least 25 percent of the total area or two acres of such
tract, whichever is greater, shall, except as provided below, remain
unbuilt upon and set aside for conservation, outdoor recreation or
park purposes or buffer areas. Such open land shall be in addition
to required front, side and rear yards and may be in one or more
parcels of a size and shape appropriate for the intended use and may
be conveyed either to and accepted by the Town or its Conservation
Commission, to a legal association comprised of the homeowners within
such tract, or to a non - profit organization the principal purpose of
which is the conservation of open space. Such open land shall be
included in the total tract area for the purpose of computing
dwelling unit density of the tract. The future ownership of such
open land, which may differ from parcel to parcel, shall be
specified by the Board of Appeals as a condition of the special
permit, but when such open land is conveyed to persons other than
the Town of Lexington, the Town shall be granted an easement over
such land sufficient to insure its perpetual use as conservation,
recreation or park land or buffer area. A maximum of 20 percent of
such open land may be devoted to paved areas and structures used for
or accessory to active outdoor recreation and consistent with the
open space uses of such land.
38.19 Planning Board Report. The Planning Board, in its report to
the Town Meeting, .required by law, shall include its opinion of
whether or not the proponent has prepared sufficient data to give
reasonable assurance that the development will conform to the site
development plan with respect to the location, layout and design of
proposed buildings, drives, and streets, to the density, type and
design of floor plans and dwelling units, and with respect to the
anticipated selling price or rental (as the case may be), if in-
cluded in the presentation to Town Meeting.
38 Application Requirements. The application to the Board of Appeals
Tor _a special permit under this section shall be accompanied by the
following plans and supporting materials, copies of which shall also be
submitted to the Planning Board.
38.21 Plan of the tract showing topography, soil culture, existing
streets and structures within and contiguous to the tract.
38.22 Where a subdivision of land is involved, a preliminary sub-
division plan, which may be combined with the plan required under
the preceding paragraph.
(Special Town Meeting - December 5, 1977.) QJ
243
Article 12. 38.23 Site development plans showing the proposed grading of the
(Cont.) tract and the proposed locations, dimensions, materials and types
of construction of streets, drives, parking areas, walks, paved
areas, utilities, open space, planting, screening, landscaping and
other improvements and the locations and outlines of proposed
buildings.
38.24 Preliminary architectural drawings for building plans in-
cluding typical floor plans, elevations and sections.
38.25 A tabulation of proposed buildings by type, size (number
of rooms, floor area), ground coverage and summary showing the
percentages of the tract to be occupied by buildings, parking
and other paved vehicular areas, and the amount of open space.
38.26 An order of conditions issued by the Conservation Commission
pursuant to Article XXXIII of the General By -Laws or a determination
by the Conservation Commission that Article XXXIII is not applicable
or that conditions are not necessary.
38.3 Planning Board Report and Recommendations. The Planning Board
shall submit in writing to the Board of Appeals its report and
recommendations as to the appropriateness of the proposed development,
to include at :Least the following:
38.31 A general description of the tract in question and surrounding
areas.
38.32 An evaluation of the probable impact of the proposed
development on Town services and facilities.
38.33 A review of the proposed development, including such aspects
as the type or style of buildings, the size of development (number
of dwelling units) and density per acre, the arrangement or layout
design of buildings and site improvements, the location and capacity
of parking, the provisions for open space within the development,
grading, landscaping and screening, the provisions for access,
egress and traffic within the development and on adjacent streets.
38.34 An opinion of the Planning Board whether the site, the
proposed development layout, the proposed number, type and design
of housing will constitute a suitable development compatible with
the surrounding area.
38.35 A statement that the developer's plans comply with the
Design Standards of the Planning Board's Rules and Regulations
Governing the Subdivision of Land Wherever such plans do not
comply, the Planning Board's report shall state. In granting a
special permit, the Board of Appeals may rely upon the Planning
Board's statement that the developer's plans comply with such
Design Standards.
38.36 Recommendations for the granting or denial of the special
permit, including recommendations for modifications, restrictions
or requirements to be imposed as a condition of granting the
special permit.
38.37 New Site Development Plans. In the event that a developer
proposes to develop a tract of land in an RD District according
to site development plans which the Planning Board determines are
substantially different from the site development plans presented
at the time the Town Meeting voted to include such land in the RD
District, such different site development plans shall first be
presented to and receive the approval of the Town Meeting by a
vote of two - thirds of those present and voting, prior to any
action thereon by the Board of Appeals.
38.38 Board of Appeals Action. The Board of Appeals shall not
take any action on an application for a special permit for RD
district development until the Planning Board shall have submitted
its written recommendations to the Board of Appeals or thirty
days have elapsed from the date of submission of the application.
Where its decision differs from the recommendations of the Planning
Board, the Board of Appeals shall state in its decision the
reasons therefor.
(Special Town Meeting - December 5, 1977.)
244
Article 12. 38.4 Special Permit Provisions. The Board of Appeals may grant a
(Cont.) special permit for the development of any tract of land in an RD
district, based on a determination that the proposed development
will be consistent with the development as approved by the Town
Meeting and consistent with the general objectives of the RD
District development, and subject to the following standards:
38.41 The special permit shall incorporate by reference building
design and site development plans presented to the Town Meeting.
The Board of Appeals may, in its discretion, permit deviations from
the site development plans presented to the Town Meeting, provided,
however, that the Board shall not permit any increase in the dwelling
unit density, nor shall it permit an increase greater than 10% in
the total floor area, as presented to the Town Meeting. The Board
of Appeals shall not authorize any non - residential use other than
shown in the site plan presented to Town Meeting. In no event
shall dwelling unit density exceed nine units per acre.
38.42 The Board of Appeals may require dwelling unit density to be
less than that shown on the site development plans presented to the
Town Meeting, if the Board determines that proper land use planning
so requires, but in such event, the Board shall file with its
decision the basis for its determination, including, among other
factors, soil conditions, drainage, traffic or other neighborhood
conditions brought to the Board's attention, and the provision of
the usable open space. The Board may permit an increase in the
number of dwelling units and floor area by as much as 25% over that
shown on the site development plan approved by the Town Meeting due
solely to the addition of low and moderate income housing, as de-
fined in Section 36 of this By -Law if the possibility of such in-
crease is presented at Town Meeting. In such case, the applicant
shall provide to the Board sufficient evidence of appropriate
financing for such low and moderate income dwelling units.
38.43 The Board of Appeals may permit the construction and use of
facilities such as a community center or recreation center, in-
cluding without limitation swimming and tennis facilities, primarily
for the use of residents of the tract, if the Board determines that
the inclusion of such facilities would be appropriate by reason of
such factors as the size of the tract, the number of its residents
and its geographical location.
38.44 In granting a special permit, the Board of Appeals shall
impose as a condition thereof that the installation of municipal
services and construction of interior drives within the RD develop-
ment shall comply with the requirements of the Planning Board's
Rules and Regulations Governing the Subdivision of Land and may
impose such additional conditions and safeguards as public safety,
welfare and convenience may require, either as recommended by the
Planning Board or upon its own initiative. Special permits issued
hereunder shall lapse if no building permit issues within two years
of the date of the special permit, unless the Board of Appeals upon
application extends this time.
38.5 Amendment and Revision of Special Permit. The Board of Appeals
upon application by the developer and after hearing, may amend a
special permit previously granted, but only in accordance with the
standards hereinbefore set out.
38.51 Revisions Subsequent to a special permit granted by the
Board of Appeals under the provisions of this section and where
applicable, the approval of a definitive subdivision plan by the
Planning Board, minor revisions may be made from time to time in
accordance with applicable laws, by -laws and regulations, but the
development under such special permit shall otherwise be in accord-
ance with the submission accompanying the developer's application
for a special permit, except as modified by the decision of the
Board of Appeals. The developer shall notify in advance the Board
of Appeals of any such revision. If the Board of Appeals determines
such revisions not to be minor it shall order a. hearing pursuant
to Section 38.5, hereof.
38.6 Denial of Special Permit The Board of Appeals may deny an
application for special permit hereunder and base its denial upon:
(Special Town Meeting - December 5, 1977.) XX
245
Article 12. 38.61 A failure to meet the standards established by Section 38 of
(Cont.) this By -Law.
38.62 A finding that the proposed development would not be con-
sistent with the general objectives of RD district development.
38.63 A finding that the proposed development does not sub-
stantially conform to the plans for the development of the tract
presented to the Town Meeting in connection with the proposed
rezoning of the tract to RD.)
John F. Downey, Jr. moved to amend Article 12 by striking the last
sentence of 38.17. 10:30 P.M.
Eric T. Clarke urged defeat of Mr. Downey's amendment. 10:32 P.M.
Mr. Downey's motion to amend Article 12 was declared lost by voice
vote, which was doubted, so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 4 Patricia K. Hagedorn 10
2 6 Lillian T. MacArthur 14
3 12 Gloria V. Holland 4
4 0 Joseph O. Rooney 16
5 9 Guy W. Doran 7
6 6 Frank B. Stille 6
7 0 Alice M. Pierce 17
8 12 Ione D. Garing 3
9 6 Gordon E. Barnes, Jr. 4
At Large 0 Edward E. Furash 20
Totals 55 101
Mr. Downey's motion to amend Article 12 was not adopted. 10:38 P.M.
Myron L. Miller moved that Section 38.43 be amended by striking the
words "without limitation" and substituting therefor "but not limited
to ". 10:40 P.M.
Mr. Clarke stated that the Planning Board is in agreement with this
amendment. 10.40 P.M.
Mr. Miller's motion to amend is adopted by voice vote. 10:40 P.M.
Richard A. Michelson moved to amend 38.18 by eliminating words "or to
a non - profit organization the principal purpose of which is the
conservation of open space." 10:48 P.M.
Mr. Michelson's amendment declared lost by voice vote. 10:55 P.M.
John McWeeney moved to amend Section 38.41 by adding at the end the
words "including any bonus under Section 38.42." 10:57 P.M.
Eric T. Clarke stated that the Planning Board had no objections to
this amendment. 10:58 P.M.
Mr. McWeeney's motion to amend declared carried by voice vote.
10:58 P.M.
Main motion presented by Mr. Clarke and amended by Mr. Miller and
Mr. McWeeney declared carried unanimously. 10:58 P.M.
(Main motion under Article 12, as amended, as adopted reads as follows:
(Art. MOTION: That Section 38 of the zoning By -Law be amended by striking
12 as it out and substituting therefor the following:
adopted)
SECTION 38 Multi - Dwelling District - RD
38.11 General Objectives. The RD District is intended to allow
greater flexibility in land use planning for the development of tracts
of land in terms of density, preservation of open spaces, utilization
of natural features, provision of municipal services and providing a
variety of housing types and styles; to ensure that site development
B (Special Town Meeting - December 5, 1977.)
246
Article 12. plans will be presented to the Town Meeting in connection with a pro -
(Cont.) posal to rezone a tract of land to RD; and to enable the Board of
Appeals to require adherence to such site development plans in the
granting of a special permit as hereinafter described.
38.12 Land Uses and Dimensional Control in the Absence of Special
Permit. Except where a special permit has been granted by the Board
of Appeals pursuant to the procedure hereinafter described, land uses
and dimensional controls in RD districts contained within the geograph-
(As ical limits of the RS district, as defined in Subsection 22.2 shall be
adopted) the same as those of the RS district, and within the geographical limits
of the RO districts shall be the same as those of the RO districts.
38.13 Any development permitted in an RD district shall comply with
the Schedule of Dimensional Controls for RD districts set out in
section 27 of the By -Law. Interior drives within an RD development
(Art. 12 shall be designed to such street standards as the Planning Board may
App. by require in accordance with its Rules and Regulations governing the
Att. Gen. subdivision of land.
Mar. 15,
1978. 38.14 Compliance with other Rules and Regulations.
Posted: Nothing contained herein shall in any way exempt a proposed subdivi-
Town Off. sion in an RD district from compliance with the rules and regulations
Building, of the Planning Board, nor shall it in any way affect the right of
Apr. 4, the Board of Health and of the Planning Board to approve, with or
1978) without modifications, or disapprove a subdivision plan in accordance
with the provisions of such rules and regulations and of the subdivi-
sion control law.
38.15 Town Meeting Presentation. Every proposal presented to the
Town Meeting for rezoning land to an RD zone shall include a site
development plan which shall show in a general manner, drawn to scale,
the proposed locations, types and floor plans for proposed building
and other structures, proposed locations, design and dimensions of
streets, drives, parking areas and other paved areas, the proposed
grading, drainage system, and location of major utilities in the
development, and the open space. The site development plan shall
show the proposed dwelling unit density, total floor area and the
extent of open space or shall be accompanied by a tabulation of the
same. A copy of the site development plan, which shall be deemed to
include any literature and commitments, authorized by the developer
which has been presented to Town Meeting shall be filed with the Town
Clerk before the vote and shall be part of the site development plan.
38.16 There shall be provided at least 1. 1/2 parking spaces per
dwelling unit, located in parking lots or in garages or under or
within buildings which contain dwelling units.
38,17 Permissible housing types include all single and multiple -
occupancy housing types used for human occupancy. Any type of
ownership may be permitted. The site development plan may also
include non - residential uses which will serve primarily the in-
habitants of such multi - dwelling development provided such non-
residential uses will enhance the character, amenities and con-
venience of those who will live in the multi - dwelling development.
38.18 At least 25 percent of the total area or two acres of such
tract, whichever is greater, shall, except as provided below, remain
unbuilt upon and set aside for conservatiQn,outdoor recreation or
park purposes or buffer areas. Such open land shall be in addition
to required front, side and rear yards and may be in one or more
parcels of a size and shape appropriate for the intended use and may
be conveyed either to and accepted by the Town or its Conservation
Commission, to a legal association comprised of the homeowners within
such tract, or to a non - profit organization the principal purpose of
which is the conservation of open space. Such open land shall be in-
cluded in the total tract area for the purpose of computing dwelling
unit density of the tract. The future ownership of such open land,
which may differ from parcel to parcel, shall be specified by the
Board of Appeals as a condition of the special permit, but when such
open land is conveyed to persons other than the Town of Lexington,
the Town shall be granted an easement over such land sufficient to
insure its perpetual use as conservation, recreation or park land or
buffer area. A maximum of 20 percent of such open land may be devoted
to paved areas and structures used for or accessory to active outdoor_
recreation and consistent with the open space uses of such land.
(Special Town Meeting - December 5, 1977.)
Article 12. 38.19 Planning Board Report The Planning Board, in its report to
(Cont.) the Town Meeting, required by law, shall include its opinion of
whether or not the proponent has prepared sufficient data to give
reasonable assurance that the development will conform to the site
development plan with respect to the location, layout and design of
proposed buildings, drives, and streets, to the density, type and
design of floor plans and dwelling units, and with respect to the
anticipated selling price or rental (as the case may be), if in-
(As cluded in the presentation to Town Meeting.
adopted)
38.2 Application Requirements The application to the Board of
Appeals for a special permit under this section shall be accompanied
by the following plans and supporting materials, copies of which shall
also be submitted to the Planning Board.
38.21 Plan of the tract showing topography, soil culture, existing
streets and structures within and contiguous to the tract.
38.22 Where a subdivision of land is involved, a preliminary sub-
division plan, which may be combined with the plan required under
the preceding paragraph.
38.23 Site development plans showing the proposed grading of the
tract and the proposed locations, dimensions, materials and types of
construction of streets, drives, parking areas, walks, paved areas,
utilities, open space, planting, screening, landscaping and other
improvements and the locations and outlines of proposed buildings.
38.24 Preliminary architectural drawings for building plans in-
cluding typical floor plans, elevations and sections.
38.25 A tabulation of proposed buildings by type, size (number of
rooms, floor area), ground coverage and summary showing the percent-
ages of the tract to be occupied by buildings, parking and other
paved vehicular areas, and the amount of open space.
38.26 An order of conditions issued by the Conservation Commission
pursuant to Article XXXIII of the General By -Laws or a determination
by the Conservation Commission that Article XXXIII is not applicable
or that conditions are not necessary.
38.3 Planning Board Report and Recommendations The Planning Board
shall submit in writing to the Board of Appeals its report and
recommendations as to the appropriateness of the proposed development,
to include at least the following:
38.31 A general description of the tract in question and surrounding
areas.
38.32 An evaluation of the probable impact of the proposed develop-
ment on Town services and facilities.
38.33 A review of the proposed development, including such aspects
as the type or style of buildings, the size of development (number
of dwelling units) and density per acre, the arrangement or layout
design of buildings and site improvements, the location and capacity
of parking, the provisions for open space within the development,
grading, landscaping and screening, the provisions for access, egress
and traffic within the development and on adjacent streets.
38.34 An opinion of the Planning Board whether the site, the pro -
posed development layout, the proposed number, type and design of
housing will constitute a suitable development compatible with the
surrounding area.
38.35 A statement that the developer's plans comply with the Design
Standards of the Planning Board's Rules and Regulations Governing
the Subdivision of Land Wherever such plans do not comply, the
Planning Board's report shall state. In granting a special permit,
the Board of Appeals may rely upon the Planning Board's statement
that the developer's plans comply with such Design Standards.
I?, (Special Town Meeting - December 5, 1977.)
Article 12. 38.36 Recommendations for the granting or denial of the special
(Cont.) permit, including recommendations for modifications, restrictions or
requirements to be imposed as a condition of granting the special
permit.
38.37 New Site Development Plans In the event that a developer
proposes to develop a tract of land in an RD District according to
site development plans which the Planning Board determines are sub-
stantially different from the site development plans presented at the
(As time the Town Meeting voted to include such land in the RD District,
adopted) such different site development plans shall first be presented to
and receive the approval of the Town Meeting by a vote of two - thirds
of those present and voting, prior to any action thereon by the
Board of Appeals.
38.38 Board of Appeals Action The Board of Appeals shall not take
any action on an application for a special permit for RD district
development until the Planning Board shall have submitted its
written recommendations to the Board of Appeals or thirty days have
elapsed from the date of submission of the application. Where its
decision differs from the recommendations of the Planning Board, the
Board of Appeals shall state in its decision the reasons therefor.
38.4 Special Permit Provisions The Board of Appeals may grant a
special permit for the development of any tract of land in an RD
district, based on a determination that the proposed development will
be consistent with the development as approved by the Town Meeting and
consistent with the general objectives of the RD District development,
and subject to the following standards:
38.41 The special permit shall incorporate by reference building
design and site development plans presented to the Town Meeting. The
Board of Appeals may, in its discretion, permit deviations from the
site development plans presented to the Town Meeting, provided,
however, that the Board shall not permit any increase in the dwelling
unit density, nor shall it permit an increase greater than loo in the
total floor area, as presented to the Town Meeting. The Board of
Appeals shall not authorize any non - residential use other than shown
in the site plan presented to Town Meeting. In no event shall
dwelling unit density exceed nine units per acre including any bonus
under Section 38,42.
38.42 The Board of Appeals may require dwelling unit density to be
less than that shown on the site development plans presented to the
Town Meeting, if the Board determines that proper land use planning
so requires, but in such event, the Board shall file with its
decision the basis for its determination, including, among other
factors, soil conditions, drainage, traffic or other neighborhood
conditions brought to the Board's attention, and the provision of
the usable open space. The Board may permit an increase in the
number of dwelling units and floor area by as much as 250 over that
shown on the site development plan approved by the Town Meeting due
solely to the addition of low and moderate income housing, as defined
in Section 36 of this By -Law if the possibility of such increase is
presented at Town Meeting. In such case, the applicant shall
provide to the Board sufficient evidence of appropriate financing
for such low and moderate income dwelling units.
38.43 The Board of Appeals may permit the construction and use of
facilities such as a community center or recreation center, in-
cluding but not limited to swimming and tennis facilities, primarily
for the use of residents of the tract, if the Board determines that
the inclusion of such facilities would be appropriate by reason of
such factors as the size of the tract, the number of its residents
and its geographical location.
38.44 In granting a special permit, the Board of Appeals shall
impose as a condition thereof that the installation of municipal
services and construction of interior drives within the RD develop -
ment shall comply with the requirements of the Planning Board's Rules
and Regulations Governing the Subdivision of Land and may impose such
additional conditions and safeguards as public safety, welfare and
convenience may require, either as recommended by the Planning Board
or upon its own initiative. Special permits issued hereunder shall
lapse if no building permit issues within two years of the date of the
(Special Town Meeting - December 5, 1977.)
Article 12. special permit, unless the Board of Appeals upon application
(Cont.) extends this time.
38.5 Amendment and Revision of Special Permit The Board of Appeals
upon application by the developer and after hearing, may amend a
special permit previously granted, but only in accordance with the
standards hereinbefore set out.
38.51 Revisions Subsequent to a special permit granted by the
B oard of Appeals under the provisions of this section and where
applicable, the approval of a definitive subdivision plan by the
Planning Board, minor revisions may be made from time to time in
accordance with applicable laws, by -laws and regulations, but the
development under such special permit shall otherwise be in
accordance with the submission accompanying the developer's appli-
cation for a special permit, except as modified by the decision of
the Board of Appeals. The developer shall notify in advance the
Board of Appeals of any such revision. If the Board of Appeals
determines such revisions not to be minor it shall order a hearing
pursuant to Section 38.5, hereof.
38.6 Denial of Special Permit The Board of Appeals may deny an
application for special permit hereunder and base its denial upon:
38.61 A failure to meet the standards established by Section 38
of this By -Law.
38.62 A finding that the proposed development would not be con-
sistent with the general objectives of RD district development.
38.63 A finding that the proposed development does not substantially
conform to the plans for the development of the tract presented to
the Town Meeting in connection with the proposed rezoning of the
tract to RD.
Main motion, as presented by Eric T. Clarke, and as amended
by Mr. Miller and Mr. McWeeney, declared carried unanimously.
10:58 P.M.)
Margery M. Battin moved that the meeting be adjourned to Wednesday, December 7,
1977 at 8 P.M. in Cary Memorial Hall.
Carried by voice vote. 10:59 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED S ESSION OF THE SPECI TOWN MEETING - DECEMBER 7, 1977
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr., at
8:10 P.M. in Cary Memorial Hall.
There were 159 Town Meeting Members present,
The invocation was offered by Rev. Harold T. Handley, Pastor Emeritus of the
Church of Our Redeemer. 8:11 P.M.
Manfred P. Friedman moved that Article 11 be taken off the table.
Carried Unanimously. 8 :13 P.M.
Article 11. Manfred P. Friedman moved, for Allen Lee Whitman, Jr. who was absent,
that Mr. Whitman's motion to amend Article 11 (as presented at the
December 5, 1977 Special Town Meeting) be withdrawn. 8:13 P.M.
(See
Page The Moderator asked if there were any objections, and as there were no
240) objections, he stated that Mr. Whitman's motion was withdrawn.
8:13 P.M.
Mr_. Friedman gives a short explanation of Article 11.
Main motion, as presented by Mr. Friedman at the December 5, 1977
Special Town Meeting (Page 240), declared carried unanimously.
8:14 P.M.
Manfred P. Friedman moved that Articles 23, 24 and 25 be taken up out of order
at this time. Before the Moderator had time to declare that the motion did not
prevail, by voice vote, Eric Clarke moved for reconsideration of this motion.
Mr. Clarke stated that Stephen T. Russian, the presenter of the motions under
these three articles, would be out of the country next week and would like to
have the motions presented this evening. 8:17 P.M.
Mr. Clarke's motion to reconsider_ Mr. Friedman's motion declared carried by
voice vote. 8:17 P.M.
Mr. Friedman's motion that Articles 23, 24 and 25 be taken up out of order
at this time declared carried by voice vote. 8:17 P.M.
Article 23. Manfred P. Friedman introduces Stephen T. Russian who in turn asks
Ronald W. Colwell, Town Meeting Member from Precinct 9, to present
Article 23 for him.
Ronald W. Colwell moved that the motion under Article 23, as it
appeared in the form in the hands of the Town Meeting Members, be
placed before the Town Meeting without being read. There were no
objections. 8:21 P.M.
(Motion under Article 23 as it appeared in the form in the hands of
the Town Meeting Members as follows:
MOTION: That the Town vote to amend the Zoning By -Law by adding
thereto a new Section 40 as follows:
SECTION 40 CONTROLLED COMMERCIAL DISTRICT - -CD
40.11 General Objectives.
The CD District is intended to allow greater flexibility in land use
planning for the development of tracts of land, in terms of density,
preservation of open spaces, utilization of natural features, provision
of municipal services and providing an appropriate site for uses per-
mitted in CG, CR, CM and CH Districts; to insure that site development
plans will be presented to the Town Meeting in.connection with a pro -
posal to rezone a tract of land to CD; and to enable the Board of
Appeals to require adherence to such site development plans in the
granting of a special permit as hereinafter described.
(Adj. Session of the Special Town Meeting - December 7, 1977.)
Article 23. 40.12 Town Meeting Presentation.
(Cont.)
The site development plans presented to the Town Meeting for the pro-
posed development shall show in a general manner, but drawn to scale,
the proposed locations, types, floor plans and designs for proposed
buildings, accessory structures, drives, parking areas, exterior
lighting plans, the proposed grading, bodies of water, brooks, streams,
drainage system and the proposed location of open space. The said
plans shall show the proposed use and density of building and the
extent of open space. The site development plan shall show minimum
set backs from all boundaries and the amount of parking to be provided.
A copy of the said plans shall be filed with the Town Clerk prior to
the presentation to the Town Meeting.
40.13 Changes in Use.
Changes in use or substantial changes in the site plan approved by
Town Meeting may be made only by presentation of a new plan for approval
by Town Meeting and issuance of a new proposal permitted by the Board
of Appeals.
40.2 Special Permit Provisions.
After approval of the plans by Town Meeting, the Board of Appeals may
grant a special permit for the development of any tract of land in a
CD District, subject to the following standards:
40.21 The special permit shall incorporate by reference building design
and site development plans filed by the developer, together with its
application for a special permit and such plans shall conform substan-
tially to the plans approved by the Town Meeting. The Board of Appeals
may, in its discretion, permit minor deviations from the plans presented
to the Town Meeting, provided however, that the Board shall not permit
any change in use or any increase in the building or change in the
parking area as presented to the Town Meeting in excess of ten (10 %)
percent of the floor area of the building or accessory structures or of
the parking area as proposed but in no event shall the ten (10 %) percent
variation violate the minimum set back specified in site development plan.
40.3 Amendment of Special Permit.
The Board of Appeals, upon application of the developer and after
hearing, may amend a special permit previously granted, but only in
accordance with the standards hereinbefore set forth.
40.4 Application Requirements.
The application to the Board of Appeals for a special permit under this
Section shall be accompanied by the plan showing the parcel involved,
its topography, soil culture, proposed location, dimensions, materials
and type of construction of drives, parking areas, exterior lighting
plans, exterior signs, open space, planting, screening, landscaping and
other improvements and the location and outlines of proposed buildings
and accessory buildings and such conditions as may have been attached
to the proposed development by the Conservation Commission. It shall
also contain preliminary architectural drawings for the building plans,
including typical floor plans, elevations and sections. Copies of the
aforesaid plans shall be submitted to the Planning Board, Board of
Health, Town Engineer and Conservation Commission acting under Article
XXXIII of the Town's General By -Laws.
40.5 Planning Board Report and Recommendations.
The Planning Board shall submit in writing to the Board of Appeals its
report and recommendations as to the appropriateness of the proposed
development, to include at least the following:
40.51 A general description of the tract in question and surrounding
areas.
40.52 An evaluation of the probable impact of the proposed development
on Town services and facilities.
(Adj. Session of the Special Town Meeting - December 7, 1977.)
Article 23. 40.53 A review of the proposed development, including such aspects as
(Cont.) the type or style of buildings, the size of development and density per
acre, the arrangement or layout design of buildings and site improve-
ments, the location and capacity of parking, the provisions for open
space within the development, grading, landscaping and screening, the
provisions for access, egress and traffic within the development and
on adjacent streets.
40.54 An opinion of the Planning Board whether the site, the proposed
development layout, the proposed development will constitute a suitable
development compatible with the surrounding area.
40.55 Recommendations for the granting or denial of the special permit,
including recommendations for modifications, restrictions or require -
ments to be imposed as a condition for granting the special permit.
40.6 Board of Appeals Action.
The Board of Appeals shall not take any action on an application for a
special permit for CD District development until the above boards or
agencies shall have submitted their written recommendations to the Board
of Appeals or thirty -five (35) days have elapsed from the date of sub -
mission of the application. Where its decision differs from the
recommendation of the above boards or agencies, the Board of Appeals
shall state in its decision the reasons therefor.
40.7 Denial of Special Permit.
The Board of Appeals may deny an application for a special permit here-
under and base its denial upon a finding that the proposed development
does not substantially conform to the plans for the development of the
tract approved by the Town Meeting in connection with the proposed
rezoning of the tract to CD or the plans do not conform to the standards
established under Section 13.3. If the denial is made by the Board of
Appeals, as provided herein, and unless a new petition is filed within
180 days of the denial of the Board of Appeals and the subsequent peti-
tion is approved, then the rezoning of the affected parcel in the CD
Zone shall become null and void and the affected parcel shall once
again revert into the zoning district in which it existed prior to
the Town Meeting action.
40.71 Land Uses in CD Zone in the Absence or Lapse of Special Permit.
In the absence of a special permit or where a special permit has been
granted by the Board of Appeals but no substantial use of it has been
made for a period of two years thereafter, the special permit shall
lapse and land uses and dimensional controls within the geographical
limits of the CD District shall be those for the zoning district in
which it existed immediately prior to Town Meeting action under
Sections 40.11 and 40.12 hereof.
40.8 Revisions.
Subsequentto a special permit granted by the Board of Appeals under
the provisions of this section, minor revisions may be made from time
to time in accordance with applicable laws, by -laws and regulations,
of the development under such special permit which revisions shall
otherwise be in accordance with the submission accompanying the
developer's application for a special permit except as modified by
the decision of the Board of Appeals.)
Stephen T. Russian gave an explanation of the article. 8:27 P.M.
Albert P. Zabin filed the Report of the Planning_ Board on Articles 23
and 24 which was signed by three members of the Board. These three
members urged adoption of these two articles. 8:27 P.M.
Frank Sandy spoke as a minority on the Planning Board in opposition
but did not file a written report. 8:32 P.M.
Planning Board member, Eric T. Clarke, spoke in favor of Article 23.
8:33 P.M.
(Adj. Session of the Special Town Meeting - December 7, 1977.)
Article 23. Julian J. Bussgang moved:
(Cont.)
1. Strike the last sentence of 40.12 and replace it with the sentence:
"A copy of the said plans which shall be deemed to include any
literature and commitments authorized by the developer which have
been presented to the Town Meeting, shall be filed with the Town
Clerk prior to the vote and shall be part of the site development
plan ".
2. Strike the last phrase of 40.13 starting with "and issuance" and
insert in its place: "followed by issuance of a new special permit
by the Board of Appeals ".
3. In Section 40.8 insert "original" between "developer's" and
"application ".
Carried by voice vote. 8:37 P.M.
Voice vote on main motion, as amended, was not unanimous, so a
standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 9 John T. Avery 2
2 13 Michael J. O'Sullivan 4
3 11 Gloria V. Holland 3
4 7 Richard F. Perry 6
5 9 Guy W. Doran 5
6 5 Frank B. Stille 9
7 3 Alice M. Pierce 11
8 15 Ione D. Garing 1
9 1 Gordon E. Barnes, Jr. 10
At Large 14 William J. Dailey, Jr. 5
Totals 87 56
Less than the required two - thirds having voted in favor, the main
motion, as amended, was not adopted. 8:45 P.M.
Article 24. Albert P. Zabin moved that this article be indefinitely postponed.
Carried Unanimously. 8:45 P. M.
Article 25. Albert P. Zabin moved that this article be indefinitely postponed.
Carried Unanimously. 8:45 P.M.
Article 13. Presented by Albert P. Zabin.
MOTION: That the Zoning By -Law of the .'Town be amended by adding there-
to a new Section 39 entitled "Site Plan Review and Special Permits for
(See Conventional Subdivisions" as set forth in the motion printed on
page pages 27 to 29 of the Planning Board Reports.
255 8:46 P.M.
256 Mr. Zabin filed the Report of the Planning Board which unanimously
for recommends the acceptance of Article 13. 8 :58 P.M.
motion
as
adopted) (Article 13 as set forth in the motion printed on pages 27 to 29 of
the Planning Board Reports:
MOTION: To amend the Zoning By -Law by adding the following Section
39, entitled "Site Plan Review and Special Permits for Conventional
Subdivisions ":
SECTION 39. Site Plan Review. The Planning Board shall be the SPGA
for purposes of this Section. Except for subdivisions governed by
Sections 33, 36 and 38 of this By -Law, no person shall commence develop-
ment of any subdivision in a residential district without first obtain-
ing a special permit from the Planning Board under the provisions of
this Section 39.
(Adj. Session of the Special Town Meeting - December 7, 1977.)
Article 13. 39.1 The general objectives of this section are to insure insofar
(Cont.) as is practicable the achievement of the objectives of Section 2A of
Chapter 808 of the Acts of 1975.
39.2 Special permits issued under this section shall contain
reasonable orders, conditions and requirements concerning the place-
ment of buildings, major topographic changes, provisions for surface
and ground water drainage, protection against flooding and inundation,
prevention of water pollution and environmental damage, erosion
control, protection of large trees, location of driveways, streets
and intersections of driveways and streets as are necessary, desir-
able and practical to further sound development and design and to
avoid substantial detriment to the neighborhood in which the develop-
ment is to occur.
39.3 Applications for a special permit shall contain a site plan
and an order under provisions of Chapter XXXIII of the General By-
Laws, or a determination by the Conservation Commission that Article
XXXIII is not applicable or that an order of conditions is not
necessary. Such application and site plan include detailed data
covering the elements subject to the imposition of conditions,
orders and requirements pursuant to Section 39.2, and shall in-
clude information as to proposed landscaping, including a descrip-
tion of types, size and location of proposed trees and shrubs in
such development. The Planning Board may require further informa-
tion with respect to such elements.
39.31 Such application shall be filed either before or simulta-
neously with the filing of a definitive subdivision plan, as
defined in the Subdivision Control Law of the Commonwealth of
Massachusetts, and shall be accompanied by a reasonable filing fee.
39.4 Insofar_ as practicable, the public hearing on the applica-
tion shall be held at the same meeting at which the Planning Board
holds the public hearing on the definitive subdivision plan under
the Subdivision Control Law. The Planning Board shall take action
on said application not more than two weeks after it has taken action
on the definitive subdivision plan. Such action shall consist of a
finding and determination that the proposed development be subject to
such conditions or requirements as the Board reasonably may deter-
mine are necessary and desirable to ensure that, so far as is
practicable, the proposed development will constitute a suitable
development, will not result in substantial detriment to the neigh-
borhood, and will further the purposes and objectives of the Zoning
By -Law and the Zoning Acts.
3 The period within which final action shall be taken may be
extended to a time certain by mutual agreement of the Planning
Board and the applicant. In the event that the Planning Board
determines that the site plan and data presented to it at the public
hearing are inadequate to permit the Board to make a finding and
determination, it may, in its discretion, either deny the applica-
tion without prejudice or adjourn the hearing to a later date to
permit the applicant to provide additional data or revisions of the
site plan or both, provided, however_, that such adjournment shall
not extend the period within which final action under this Section
must be taken by the Board, unless such . period is extended to a day
certain by mutual assent of the Board and the applicant.
39.42 The Planning Board shall cause to be made and filed a detailed
.record of its proceedings indicating the vote of each member and
setting forth clearly the reasons for its action or inaction on each
application.
39.43 In the event that the Planning Board shall fail. to take final
action on an application within the period herein before limited after
the filing with the Board of an application for a finding and deter-
mination, or within such extended period as shall have been mutually
agreed upon as herein provided, then upon the expiration of the
period within which action must be taken or an extension thereof,
said Board shall be deemed to have granted the application and
issued the permit requested.)
(Adj. Session of the Special Town Meeting - December 7, 1977
Article 13. Alfred S. Busa, Selectman, urged defeat of this and the next articles.
(Cont.) He felt that these articles give too much power to the Planning Board.
Frank I. Michelman moved that the motion under Article 13 be amended by
1) substituting for the words "sound development and design" in
Section 39.2 the words "the purposes and objectives of the Zoning
By -Laws and the Zoning Acts "; and
2) striking from Section 39.4 the words "will constitute a suitable
development."
9:18 P.M.
Albert P. Zabin stated that the Planning Board supported this amendment.
9 :20 P.M.
Mr.. Michelman's motion to amend Article 13 declared carried by voice
vote. 9:21 P.M.
Anthony L. Mancini moved the previous question which was declared
carried by voice vote. 9:26 P.M.
Julian J. Bussgang moved: If the vote on the main motion, as amended,
is not unanimous, the vote is to be taken by written ballot by
precinct. 55 Town Meeting Members, more than the necessary 50, stood
in agreement with Mr. Bussgang's motion, so the Moderator stated that
if the vote is not unanimous, the vote would be taken by written
ballot by precinct. 9:32 P.M.
Voice vote on the main motion, as presented by Mr. Zabin, and amended
by Mr. Michelman was not unanimous so the Moderator called for the
written ballot by precinct to be taken. 9:32 P.M.
The sheets, as prepared by the Town Clerk, were passed out to the
Precinct Chairmen and one sheet for the Town Meeting Members At Large.
After the voting had been completed and the Members had signed the
sheets, they were returned to the Town Clerk to be tallied which was
completed at 9:46 P.M.
The Moderator had called for a short recess while the tallying was
being completed and called the meeting to order at 9:50 P.M. and
announced the results of the written vote as follows:
Yes 103
No 49
Abstain 5
Absent 41
Total 198
More than the required two - thirds having voted in favor, the main
motion, as amended, was declared adopted. 9:52 P.M.
(Motion, as amended, as adopted reads:
(Motion, MOTION: To amend the Zoning By -Law by adding the following Section
as 39, entitled "Site Plan Review and Special Permits for Conventional
amended, Subdivisions ":
Adopted)
SECTION 39. Site Plan Review. The Planning Board shall be the SPGA
(App. by for purposes of this Section. Except for subdivisions governed by
Atty.Gen. Sections 33, 36 and 38 of this By -Law, no person shall commence
Mar. 15, development of any subdivision in a residential district without first
1978. obtaining a special permit from the Planning Board under the provisions
Posted: of this Section 39.
Tn. Off.
Building 39.1 The general objectives of this section are to insure insofar
& 9 as is practicable the achievement of the objectives of Section 2A
Prec. of Chapter 808 of the Acts of 1975.
Apr. 4,
1978)
(Adj. Session of the Special Town Mee - December. 7, 1977.)
Article 13. 39.2 Special permits issued under this section shall contain
(Cont.) reasonable orders, conditions and requirements concerning the place -
ment of buildings, major topographic changes, provisions for surface
and ground water drainage, protection against flooding and inunda-
tion, prevention of water pollution and environmental damage,
erosion control, protection of large trees, location of driveways,
streets and intersections of driveways and streets as are necessary,
desirable and practical to further the purposes and objectives of
the Zoning By -Laws and the Zoning Acts and to avoid substantial
detriment to the neighborhood in which the development is to occur.
3 9.3 Applications for a special permit shall contain a site plan and
an order under provisions of Chapter XXXIII of the General By- Laws,
or a determination by the Conservation Commission that Article XXXIII
is not applicable or that an order of conditions is not necessary.
Such application and site plan include detailed data covering the
elements subject to the imposition of conditions, orders and re-
quirements pursuant to Section 39.2, and shall include information as
to proposed landscaping, including a description of types, size and
location of proposed trees and shrubs in such development. The
Planning Board may require further information with respect to such
elements.
39.31 Such application shall be filed either before or simulta-
neously with the filing of a definitive subdivision plan, as
defined in the Subdivision Control Law of the Commonwealth of
Massachusetts, and shall be accompanied by a reasonable filing fee.
3 9.4 Insofar as practicable, the public hearing on the application
shall be held at the same meeting at which the Planning Board holds
the public hearing on the definitive subdivision plan under the
Subdivision Control Law. The Planning Board shall take action on
said application not more than two weeks after it has taken action
on the definitive subdivision plan. Such action shall consist of
a finding and determination that the proposed development be subject
to such conditions or requirements as the Board reasonably may
determine are necessary and desirable to ensure that, so far as is
practicable, the proposed development will not result in substantial
detriment to the neighborhood, and will further the purposes and
objectives of the Zoning By -Law and the Zonings Acts.
39.41 The period within which final action shall be taken may be
extended to a time certain by mutual agreement of the Planning
Board and the applicant. In the event that the Planning Board
determines that the site plan and data presented to it at the
public hearing are inadequate to permit the Board to make a
finding and determination, it may, in its discretion, either deny
the application without prejudice or adjourn the hearing to a
later date to permit the applicant to provide additional data or
revisions of the site plan or both, provided, however, that such
adjournment shall not extend the period within which final action
under this Section must be taken by the Board, unless such period
is extended to a day certain by mutual assent of the Board and the
applicant.
39.42 The Planning Board shall cause to be made and filed a
detailed record of its proceedings indicating the vote of each
member and setting forth clearly the reasons for its action or
inaction on each application.
39.43 In the event that the Planning Board shall fail to take
final action on an application within the period herein before
limited after the filing with the Board of an application for a
finding and determination, or within such extended period as
shall have been mutually agreed upon as herein provided, then
upon the expiration of the period within which action must be
taken or an extension thereof, said Board shall be deemed to have
granted the application and issued the permit requested.
In Favor: 103 Opposed: 49 Adopted 9:52 P.M.)
Article 14. (See Pages 262 & 263)
(Adj. Session of the Special Town Meeting - December 7, 19'77.)
Albert P. Zabin moved that Article 15 be taken up at this time, out of order.
Carried by voice vote. 9:52 P.M.
Article 15. Presented by Iris G. Wheaton.
MOTION: That Section 25 of the Zoning By -Law of the Town be amended
as set forth in the motion printed separately and passed out with
the Planning Board Reports and that a new Section 28 be added to the
(See Zoning By -Law as set forth in such motion.
next 9:53 P.M.
page
for Mrs. Wheaton filed the Report of the Planning Board which unanimously
motion recommended passage of Article 15. 9:57 P.M.
as
adopted) (Motion as set forth in the motion printed separately and passed out
with the Planning Board Reports as follows:
MOTION: To amend Section 25 of the Zoning By -Law by adding thereto
a new Subsection 25.17 - "Municipal Buildings and Public School
Buildings Converted to Residential Uses. ** (SPS in all columns).
* *Special permits under this section governed by Section 28 -
Converted Municipal Buildings and Public School Buildings" as
follows:
SPECIAL PERMITS FOR CONVERTED MUNICIPAL BUILDINGS AND PUBLIC SCHOOL
BUILDINGS
28.11 This Section is intended to allow the conversion of municipal
buildings in a manner which encourages practical residential develop-
ment, which is compatible with the neighborhood, and which encourages
development of economically priced and a variety of housing, and
which fosters flexibility and creativity of development.
28.12 The Board of Selectmen shall be the Special Permit Granting
Authority.
28.13 The Planning Board shall hold a public hearing on a develop-
ment proposal prior to Town Meeting. The procedure for such public
hearing shall be governed by the procedure governing hearings on
proposed amendments to the Zoning By -Law.
28.14 Permissible housing types and forms of ownership include all
single and multiple occupancy housing types, and any mix thereof, and
any form of ownership permissible under law.
28.15 The development proposal for such conversion shall show in a
general manner with plans drawn to scale, the floor plan, exterior
design, housing types and estimated sales prices or rentals as the
case may be, landscaping, accessory buildings, parking areas and
other paved areas, dwelling unit density and total floor area. The
development plan shall be presented to the Town Meeting for its
approval, by a majority of those present and voting.
28.16 The Planning Board shall report to the Town Meeting concerning
the suitability of the proposal, its contribution to the furtherance
of the objectives of this Section, and its likely impact on the
neighborhood, town services and facilities.
28.17 After approval by the Town Meeting, the Special Permit
Granting Authority may grant a special permit which shall incorporate
by reference the development proposal approved by the Town Meeting.
Plan submitted for a special permit shall conform substantially to
the development plan which the Town Meeting has approved. The Board
of Selectmen may, in its discretion, permit minor deviation from
the development plan which the Town Meeting has approved.
28.18 The Special Permit Granting Authority and the Planning Board
shall, in acting upon applications for special permits, be governed
by the provisions of Section 13 of this By -Law where not inconsistent
with the provisions of Section 28.)
(Adj. Session of the Special Town Meeting - December 7, 1977.)
Article 15. Myron L. Miller moved that the last sentence of Section 28.15 of the
(Cont.) motion under_ Article 15, which reads: "The development plan shall
.... and voting," be stricken and that the following should be sub-
stituted therefor:
"A copy of the site development plan, which shall be deemed to
include any literature and commitments, authorized by the developer
which has been presented to Town Meeting shall be filed with the Town
Clerk before the vote and shall be part of the site development plan."
9 :58 P.M.
Eric T. Clarke moved to amend Mr. Miller's motion by striking the
first paragraph but he then withdraw his motion. 10:03 P.M.
Mr. Miller changed his motion by striking the first paragraph so
that his motion now is:
MOTION: To add the following sentence at end of Section 28.15:
"A copy of the site development plan, which shall be deemed to include
any literature and commitments, authorized by the developer which has
been presented to Town Meeting shall be filed with the Town Clerk be-
fore the vote and shall be part of the site development plan."
10:04 P.M.
Mr. Miller's motion to amend Article 15 adopted by voice vote.
10:04 P.M.
Main motion, as presented by Mrs. Wheaton, and as amended by
Mr. Miller, declared carried unanimously. 10:08 P.M.
(Main motion, as amended and as adopted as follows:
MOTION: To amend Section 25 of the Zoning By -Law by adding thereto a
new Subsection 25.17 - "Municipal Buildings and Public School Buildings
(Motion Converted to Residential Uses. ** (SPS in all columns). * *Special
as permits under this section governed by Section 28 - Converted Munici-
adopted) pal Buildings and Public School Buildings" as follows:
SPECIAL PERMITS FOR CONVERTED MUNICIPAL BUILDINGS AND PUBLIC SCHOOL
BUILDINGS
28.11 This Section is intended to allow the conversion of municipal
(App• by buildings in a manner which encourages practical residential_ develop -
Atty. Gen. ment, which is compatible with the neighborhood, and which encourages
Mar_. 15, development of economically priced and a variety of housing, and
1978. which fosters flexibility and creativity of development.
Posted:
Town Off. 28.12 The Board of Selectmen shall be the Special Permit Granting
Building Authority.
& 9
Prec. 28.13 The Planning Board shall hold a public hearing on a develop -
Apr.. 4, ment proposal prior to Town Meeting. The procedure for such public
1978) hearing shall be governed by the procedure governing hearings on
proposed amendments to the Zoning By -Law.
28.14 Permissible housing types and forms of ownership include all
single and multiple occupancy housing types, and any mix thereof, and
any form of ownership permissible under law.
28.15 The development proposal for such conversion shall show in a
general manner with plans drawn to scale, the floor plan, exterior
design, housing types and estimated sales prices or rentals as the
case may be, landscaping, accessory buildings, parking areas and other
paved areas, dwelling unit density and total floor area. The develop -
ment plan shall be presented to the Town Meeting for its approval, by
a majority of those present and voting. A copy of the site develop -
mentment plan, which shall be deemed to include any literature and
commitments, authorized by the developer which has been presented to
Town Meeting shall be filed with the Town Clerk before the vote and
shall be part of the site development plan.
(Adj. Session of the Special Town Meeting - December 7, 1977.) Gas
259
Article 15. 28.16 The Planning Board shall report to the Town Meeting concerning
(Cont.) the suitability of the proposal, its contribution to the furtherance
of the objectives of this Section, and its likely impact on the
neighborhood, town services and facilities.
28.17 After approval by the Town Meeting, the Special Permit Granting
Authority may grant a special permit which shall incorporate by
reference the development proposal approved by the Town Meeting.
Plan submitted for a special permit shall conform substantially to
the development plan which the Town Meeting has approved. The Board
of Selectmen may, in its discretion, permit minor deviation from the
_.
development plan which the Town Meeting has approved.
28.18 The Special Permit Granting Authority and the Planning Board
shall, in acting upon applications for special permits, be governed
by the provisions of Section 13 of this By -Law where not inconsistent
with the provisions of Section 28.
Carried Unanimously. 10:08 P.M.)
Albert P. Zabin moved that Article 16 be taken up, out of order, at this time.
Carried Unanimously. 10:08 P.M.
Article 16. Presented by Alfred S. Busa.
MOTION: That the Board of Selectmen be and they are hereby authorized
(See to petition the General Court for an act to amend Chapter 447 of the
Chapter Acts of 1956, as amended, to expand the Battle Green District to
268 - include the Hancock School property.
Acts of 10:09 P.M.
1978.)
Gerald L. Abegg moved to amend the motion by adding the "Belfry Hill ".
The Moderator ruled that this amendment was beyond the scope of the
article. 10:20 P.M.
The train motion, as presented by Mr. Busa, declared carried unanimously.
10:20 P.M.
Albert P. Zabin moved that Article 17 be taken up, out of order, at this time.
Carried by voice vote. 10:21 P.M.
Article 17. Presented by Mary W. Miley.
MOTION: That the Selectmen be and they hereby are authorized to
convey the Hancock School property located at the corner of Forest
(Motion Street and Clarke Street, consisting of the building and approximately
as 1.5 acres of land more or Less, to Stanley H. Sydney and R. Kirk
adopted) Noyes d /b /a Sydney and Noyes Associates for a minimum price of
$100,000.00, such property to be used for condominiums in accordance
with the site plan presented to and which is hereby approved by this
town meeting, and on such other terms as the Selectmen shall determine.
10:22 P.M.
Albert P. Zabin filed the Report of the Planning Board which
unanimously supports the proposal as presented under Article 17.
10:24 P.M.
Winifred L. L. Friedman suggested that the $100,000. should be put
in a real estate fund and that a committee should be appointed and set
up to respond to the needs of a community center for which this money
could be used. 10:29 P.M.
R. Kirk Noyes was recognized and gave a lengthy explanation of what
would be done to convert the school to condominiums and showed slides
of what he has done in other towns. 10:53 P.M.
Richard A. Michelson moved for indefinite postponement of this article
as he felt that the property could be put to better use. This motion
was declared lost by voice vote. 11:02 P.M.
x�
(Adj. Session of the Special Town Meeting - December 7 , 1977.)
260
Article 17. In response to Mr. Michelson, Mrs. Miley stated that the Department
(Cont.) of Community Affairs said that the building was too small for sub-
sidized housing.
James M. McLaughlin moved the previous question, which was declared
carried by voice vote. 11:10 P.M.
Voice vote on the main motion was not unanimous, so a standing vote
was taken as follows:
Prec inct In Favor Tellers Opposed
1 11 John T. Avery 3
2 16 Michael J. O'Sullivan 0
3 13 Gloria V. Holland 1
4 14 Richard F. Perry 0
5 13 Guy W. Doran 2
6 11 Frank B. Stille 0
7 14 Alice M. Pierce 0
8 15 Ione D. Garing 1
9 10 Gordon E. Barnes, Jr. 0
At Large 20 William J. Dailey, Jr. 0
Totals 137 7
More than the required two- thirds having voted in favor, the motion
is adopted. 11:12 P.M.
Margery M. Battin moved that this meeting be adjourned to Monday,
December 12, 1977 at 8 P.M. in Cary Memorial Hall.
Carried by voice vote. 11:13 P.M.
i
A true copy.
Attest:
c.
Mary R. McDonough, Town Clerk
f
261
ADJOURNED SESSION OF THE S PECIA L TOWN MEETING - DECE 12 1977
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr., at
8:10 P.M. in Cary Memorial Hall.
There were 157 Town Meeting Members present.
The invocation was offered by Monsignor John F. Kielty, Pastor of St. Brigid's
Catholic Church. 8 :12 P.M.
Jacqueline B. Davison requested that the Moderator ask for a moment of silence
for Melvin G. Holland, former Town Meeting Member from Precinct 3 and the husband
of present Town Meeting Member, Gloria V. Holland, who died this past week. The
Moderator asked for a moment of silence at 8:13 P.M.
Albert P. Zabin moved for reconsideration of Article 8. 8:13 P.M.
Mr. Zabin stated, if motion for reconsideration of Article 8 passed, he would
then offer an amendment to Article 8 as presented on December 5, 1977.
8:14 P.M.
Motion to reconsider Article 8 was adopted by voice vote. 8:14 P.M.
Article 8. Albert P. Zabin moved to amend Article 8 by adding the following:
Section 12.33 Notwithstanding the provisions of Section 12.3 of this
by -law, the Board of Appeals, with respect to any use variances law -
(See fully in effect on October 25, 1977, and granted only to the applicant,
Pages may grant, upon the application of the successor to the holder of the
237 & variance, a use variance with, at least, the same conditions, safe -
238, guards, and requirements as contained in the use variance granted to
240 & the original applicant. 8:15 P.M.
241)
William J. Scouler moved for reconsideration of his motion to amend
Article 8 as presented at the December 5, 1977 session of this Town
Meeting (Page 237) in order that George P. Wadsworth, Chairman of the
Board of Appeals, could speak. 8:17 P.M.
There were no objections from the Members, so Mr. Wadsworth spoke
against Mr. Zabin's motion and in favor of Mr. Scouler's amendment.
He was recognized at the end of ten minutes for a second time.
8:27 P.M.
Mr. Zabin spoke against reconsideration of Mr. Scouler's motion.
8:33 P.M.
Voice vote, on Mr. Scouler's motion to reconsider his motion to amend
Article 8, was doubted, so a standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 9 John T. Avery 4
2 9 Michael J. O'Sullivan 6
3 3 Shirley A. Byrne 11
4 6 Joseph 0. Rooney 9
5 5 Guy W. Doran 8
6 2 Frank B. Stille 1_1
7 2 Alice M. Pierce 13
8 8 Ione D. Garing 5
9 5 Gordon E. Barnes, Jr. 6
At Large 11 William J. Dailey, Jr. 9
Totals 60 82
Mr. Scouler's motion to reconsider his amendment as offered at the
December 5, 1977 session of this town meeting was not adopted.
8:37 P.M.
Albert P. Zabin's motion to amend Article 8 (as presented at the
December 5, 1977 session of this town meeting) declared adopted by
voice vote. 8:37 P.M.
262 (Adj. Session of the Special Town Meeting - December 12, 1977.)
Article 8. Voice vote on main motion as presented by Mr. Zabi_n on December 5,
(Cont.) 1977 (Page 237) and as amended by Mr. Zabin at this session was not
unanimous, so standing vote taken as follows:
Precinct In Favor Tellers Opposed
1 4 John T. Avery 9
2 6 Michael J. O'Sullivan 9
3 11 Shirley A. Byrne 4
4 9 Joseph O. Rooney 6
5 7 Guy W. Doran 6
6 10 Frank B. Stille 3
7 13 Alice M. Pierce 3
8 4 Ione D. Garing 11
9 5 Gordon E. Barnes, Jr. 6
At Large 10 William J. Dailey, Jr. 10
Totals 79 67
Less than the required two - thirds having voted in favor, the main
motion, as amended, under Article 8 was not adopted.
8:39 P.M.
Article 14. Presented by Frank Sandy.
MOTION: That the Zoning By -Law of the Town be amended as set forth
in the motion printed on page 31 of the Planning Board Reports. The
words "these By- Laws" are to read "this By- Law ".
8:40 P.M.
Mr. Sandy filed the Report of the Planning Board which unanimously
recommended passage of Article 14. 8:50 P.M.
(Motion under Article 14 as printed on page 31 of the Planning
Board Reports:
MOTION: That the Zoning By -Law of the Town of Lexington be amended by:
1. Adding a new definition after "TEMPORARY STRUCTURE" as follows:
USABLE BUILDING AREA: That portion of a lot which meets all setback
requirements from lot lines, streets, or bodies of water referred to
in Section 27.1 of this By -Law. Except when divided by a brook, such
usable building area shall be in a single continuous area.
2. Adding to Section 27 - Schedule of Dimensional Controls, a new
line "Usable Building Area" with the figures "18,000 sq. ft." under
the heading "RO "; "7,250 sq. ft." under the headings "RS and RT ";
and "N.R." in all of the other columns.)
Mr. Sandy showed slides and then Selectman, Alfred S. Busa, showed
slides and asked that this article be defeated. 8:55 P.M.
Mr. Sandy stated that residential lots that have already been laid out
and comply with present zoning would not be affected by a. zoning
change. 9:03 P.M.
James M. McLaughlin moved the previous question which was declared
carried by voice vote. 9:08 P.M.
I
i
voice vote on main motion was not unanimous, so a standing vote
taken as follows:
Precinct In Favor Tellers Opposed
1 4 John T. Avery 8
2 7 Michael J. O'Sullivan 9
3 12 Shirley A. Byrne 4
4 10 Joseph 0. Rooney 6
5 7 Guy W. Doran 6
(Adj. Session of the Spe Town Meeting - December 12, 1977.)
Article 14. Standing vote on main motion (Cont.)
(Cont.
Precinct In Favor Tellers Opposed
6 12 Frank B. Stille 1
7 11 Alice M. Pierce 5
8 5 Ione D. Garing 12
9 9 Gordon E. Barnes, Jr. 2
At Large 13 William J. Dailey, Jr. 7
Totals 90 60
Less than the required two - thirds having voted in favor, the motion
under Article 14 is not adopted.
9:11 P.M.
Article 10 is now before the meeting as it was moved and adopted at the
December 5, 1977 Special Town Meeting (Page 240) that Article 10 be taken up
after Article 14.
Article 10. Presented by Manfred P. Friedman.
(For
Motion MOTION: That Section 33 of the Zoning By -Law of the Town be amended
as as set forth in the motion printed on pages 11 to 15 of the Planning
adopted - Board Reports. The first sentence of Section 33.9 is to read
See "Subsequent to a special permit granted by the Planning Board under
pages the provisions of this Section 33, and the approval of a definitive
269- plan of a subdivision by the Planning Board, the location of side
271.) and rear lines of lots in such subdivision may be revised from time
to time in accordance with applicable laws, by -laws and regulations."
9:12 P.M.
Mr. Friedman filed the Report of the Planning Board in which they
unanimously recommend the acceptance of Article 10.
9:22 P.M.
(Motion under Article 10 as set forth in the motion printed on pages
11 to 15 of the Planning Board Reports:
MOTION: To strike from the Zoning By -Law of the Town of Lexington
Section 33 and substituting therefore the following:
S 33. CLUSTER DEVELOPMENT. The Planning Board shall be the
SPGA for the purposes of this section and may grant a special permit
for any tract of land of ten (10) acres or more to be subdivided as
a cluster development, subject to the requirements and conditions
described below.
33.1 The general objectives of cluster developments are to
encourage:
33.11 Preservation of open space for conservation, outdoor
recreation or park purposes
33.12 Better utilization of natural features of the land through
a greater flexibility of design
33.13 More efficient provision of municipal services.
33.2 The number of building lots in any tract of land for which a
special permit is issued shall not exceed such number of lots
usable for building under the laws of the Commonwealth and the
By -Laws of the Town, and conforming to the area and frontage
requirements specified for RO district in Section 27 hereof as
could be contained in 85 percent of the area of the tract to be
subdivided.
33.3 At least 25 percent of the total area of such tract shall
remain unsubidvided, and, except as provided below, unbuilt upon,
and shall be used for conservation, outdoor recreation or park
purposes.
i
(Adj. Session of the Special Town Meeting - December 12, 1977.)
Article 10. 3 3.31 Such unsubdivided land may be in one or more parcels of
(Cont.) a size and shape appropriate for its intended use as determined
by the Planning Board. ,
33.32 Such unsubdivided land shall be conveyed to and accepted
by the Town of Lexington, to all homeowners within such tract
jointly, or to a. trust, the beneficiaries of which shall be the
homeowners within such tract, which shall have as one of its
purposes the maintenance of such land for conservation, recreation
or park purposes, or to a non - profit organization, the principal
purpose of which is the conservation of open space. The future
ownership of such unsubdivided land, which may differ from parcel
to parcel, shall be specified by the Planning Board as a condition
of the special permit.
33.33 When such unsubdivided land is conveyed to persons other
than the Town of Lexington, the Town shall be granted an easement
over such land sufficient to ensure its perpetual use and main-
tenance as conservation, recreation or park land.
33.34 Access at least 40 feet wide shall be provided to each parcel
of such unsubdivided land from one or more streets in the sub-
division. Such access shall. be identified in a. manner as specified
by the Planning Board in the conditions of the special permit.
33 A maximum of 20 percent of such open land (i£ the special.
permit so provides) may be devoted to paved areas and structures
used for or accessory to active outdoor recreation, and consistent
with the open space uses of such land. The Planning Board shall
impose such conditions and requirements with respect to such open
land to ensure that at the completion of the development such land
will be in a condition appropriate to its intended use.
33.4 The following minimum standards shall be observed with respect
to any reduction of street frontage or lot area permitted in a
cluster development:
33.41 Street frontage for each lot may be reduced to not less than
120 feet, lot area may be reduced to not less than 20,000 square
feet. Usable building area, as defined in Section 1 of these By-
Laws may be reduced to not less than 10,750 square feet.
33.42 The street frontage may be further reduced on curves in
accordance with the provisions of Paragraph 26.55 of this By -Law.
33.5 The application for a special permit for a cluster develop -
ment shall be accompanied by a preliminary subdivision plan and an
order of conditions issued by the Conservation Commission pursuant
to Article XXXIII of the General By -Laws of the Town of Lexington,
or a determination by the Conservation Commission that Article
XXXIII is not applicable or that conditions are not necessary. In
addition to the information required by Rules and Regulations of
the Planning Board to be shown on preliminary subdivision plans, such
plan for a cluster development shall show the following:
33.51 Soil culture of the land, such as wooded, pasture, rock
outcrops or swampy.
33.52 Proposed landscaping and use of land which is to be
reserved for conservation, recreation or park use, including any
proposed structures thereon.
33.6 In determining whether to grant a special permit for a
proposed cluster development which meets the minimum standards --
stated herein, the Planning Board shall consider:
33.61 The appropriateness of the proposed development and the
extent to which it accomplishes the objectives of cluster develop -
ment.
33.62 The existing and probable future development of surrounding
areas.
33.63 The appropriateness of the proposed development in relation
to topography, soils and other characteristics of the tract in
question.
(Adj. Session of the Special Town Meeting - December 12, 1977.)
Article 10. 33.64 Its determination as to the number of lots usable for
(Cont.) building.
33.65 The Planning Board shall cause to be made and filed a
detailed record of its proceedings indicating the vote of each
member and setting forth clearly the reasons for its decision
which shall at least include its findings with respect to those
matters enumerated in Sections 12.2, 33.61, 33.62, 33.63, and
33.64 of this By -Law.
33.7 Nothing contained herein shall in any way exempt a proposed
subdivision from compliance with other applicable provisions of
these By -Laws or the Subdivision Rules and Regulations of the
Planning Board, nor shall it in any way affect the right of the
Board of Health and of the Planning Board to approve, with or
without conditions and modifications, or disapprove a subdivision
plan in accordance with the provisions of such Rules and Regula-
tions and of the Subdivision Control Law.
33.8 The Planning Board shall not grant a special permit for the
subdivision of land into lots having the reduced area and frontage,
as provided for in this subsection, if it appears that because of
soil drainage, traffic or other conditions the granting of such
permit would be detrimental to the neighborhood or to the Town or
will be unlikely to further the purposes of cluster development,
or if the uses, shape, size or location of the unsubdivided land
are incompatible with the purposes of this section.
33.9 Subsequent to a special permit granted by the Planning Board
under the provisions of this Section 33, and the approval of a
definitive plan of a subdivision by the Planning Board, the location
of side and rear lines of lots in such subdivision may be revised
from time to time in accordance with applicable laws, by -laws and
regulations. Any change in the number of lots, the lines of
streets, the reserved open space, its ownership or use, or any
other conditions stated in the original special permit shall
require a new special permit issued in accordance with the provi-
sions of this By -Law.)
Manfred P. Friedman moved to amend his motion by striking from 33.41
"Usable building area, as defined in Section 1 of these By -Laws may be
reduced to not less than 10,750 square feet ".
Motion to amend declared carried by voice vote. 9:27 P.M.
Stephen Michael Politi presented a subsitute motion under Article 10
and asked if reading of the substitute motion could be waived as the
Town Meeting Members had copies. There were no objections so the
Moderator ruled that the reading would be waived. 9:27 P.M.
(Mr. Politi's substitute motion as follows:
MOTION: To strike from the Zoning By -Law of the Town of Lexington
Section 33 and substituting therefore the following:
Section 33. Cluster Development. The Board of Appeals may grant a
special permit for any tract of land of ten (10) acres or more to be
subdivided as a cluster development, subject to the requirements and
conditions described below.
33.1 The general objectives of cluster developments are to
encourage:
33.11 Preservation of open space for conservation, outdoor
recreation or park purposes
33.12 Better utilization of natural features of the land through
a greater flexibility of design
33.13 More efficient provision of municipal services.
9
(Adj. Session of the Special Town Meeting - December 12, 1977.)
Article 10. (Politi's substitute motion continued)
(Cont.)
33.2 The number of building lots in any tract of land for which a
special permit is issued shall not exceed such number of lots usable
for building under the laws of the Commonwealth and the By -Laws of
the Town, and conforming to the area and frontage requirements
specified for RO district in Section 27 hereof as could be contained
in 85 percent of the area of the tract to be subdivided.
33.3 At least 25 percent of the total area of such tract shall
remain unsubdivided, and, except as provided below, unbuilt upon,
and shall be used for conservation, outdoor recreation or park
purposes.
33.31 Such unsubdivided land may be in one or more parcels of a
size and shape appropriate for its intended use as determined by
the Board of Appeals after consideration of the recommendations of
the Planning Board.
33.32 Such unsubdivided land shall be conveyed to and accepted by
the Town of Lexington, to all homeowners within such tract jointly,
or to a trust, the beneficiaries of which shall be the homeowners
within such tract, which shall have as one of its purposes the
maintenance of such land for conservation, recreation or park
purposes, or to a non - profit organization, the principal purpose
of which is the conservation of open space. The future ownership
of such unsubdivided land, which may differ from parcel to parcel,
shall be specified by the Board of Appeals as a condition of the
special permit.
33.3 When such unsubdivided land is conveyed to persons other
than the Town of Lexington, the Town shall be granted an easement
over such land sufficient to ensure its perpetual use and main-
tenance as conservation, recreation or park land.
33.34 Access at least 40 feet wide shall be provided to each
parcel of such unsubdivided land from one or more streets in the
subdivision. Such access shall be identified in a manner as
specified by the Board of Appeals in the conditions of the special
permit.
33.35 A maximum of 20 percent of such open land (if the special r
pemit so provides) may be devoted to paved areas and structures
used for or accessory to active outdoor recreation, and con -
sistent with the open space uses of such land. The Board of
Appeals shall impose such conditions and requirements with respect
to such open land to ensure that at the completion of the develop-
ment such land will be in a condition appropriate to its intended
use.
33.4 The following minimum standards shall be observed with respect
to any reduction of street frontage or lot area permitted in a
cluster development:
33.41 Street frontage for each lot may be reduced to not less
than 120 feet, lot area may be reduced to not less than 20,000
square feet.
33.42 The street frontage may be further reduced on curves in
accordance with the provisions of Paragraph 26.55 of this By -Law.
33.5 The application for a special permit for a cluster development
shall be accompanied by a preliminary subdivision plan and an order
of conditions issued by the Conservation Commission pursuant to
Article XXXIII of the General By -Laws of the Town of Lexington, or a.
determination by the Conservation Commission that Article XXXIII is
not applicable or that conditions are not necessary; a copy of
which shall also be submitted to the Planning Board. In addition
to the information required by Rules and Regulations of the Planning
Board to be shown on preliminary subdivision plans, such plan for a
cluster development shall show the following:
33.51 Soil culture of the land, such as wooded, pasture, rock
outcrops or swampy.
(Adj. Session of the Special Town Meeting - December 12, 1977.)
Article 10. (Politi's substitute motion continued)
(Cont.)
33.52 Proposed landscaping and use of land which is to be
reserved for conservation, recreation or park use, including any
proposed structures thereon.
33.6 The Planning Board shall submit in writing to the Board of
Appeals its report and recommendations as to said application for
special permit, to include at least the following:
33.61 Its determination as to the number of lots usable for
building.
33.62 A general description of the tract in question and
surrounding areas.
33.63 An evaluation of the appropriateness of the proposed
development and the extent to which it accomplishes the
objectives of the cluster development.
33.64 Recommendations for the granting or denial of the special
permit, including recommendations for modifications, restrictions
or requirements to be imposed as a condition of granting the
special permit.
33. 7_ The Board of Appeals shall not take any action on a petition
for a permit for a cluster development until the Planning Board
shall have submitted its written recommendations to the Board of
Appeals or 45 days shall have elapsed from the date of submission
of the preliminary subdivision plan and application for a special
permit. In determining whether to grant a special permit for a
proposed cluster development which meets the minimum standards
stated herein, the Board of Appeals shall consider:.
33.71 The report and recommendations of the Planning Board.
33.72 The general objectives of cluster developments.
33.73 The existing and probable future development of surrounding
areas.
33.74 The appropriateness of the proposed development in
relation to topography, soils and other characteristics of the
tract in question.
Where its decision differs from the recommendations of the
Planning Board, the Board of Appeals shall state in its decision
the reasons therefor.
33.8 Nothing contained herein shall in any way exempt a proposed
subdivision from compliance with other applicable provisions of
these By -Laws or the Subdivision Rules and Regulations of the
Planning Board, nor shall it in any way affect the right of the
Board of Health and of the Planning Board to approve, with or
without conditions and modifications, or disapprove a subdivision
plan in accordance with the provisions of such Rules and Regula-
tions and of the Subdivision Control Law.
33.9 The Planning Board shall not recommend and the Board of
Appeals shall not grant a special permit for the subdivision of
land into lots having the reduced area and frontage, as provided
for in this subsection, if it appears that because of soil drainage,
traffic or other conditions the granting of such permit would be
detrimental to the neighborhood or to the Town or will be unlikely
to further the purposes of cluster development, or if the uses,
shape, size or location of the unsubdivided land are incompatible
with the purposes of this section. In granting a special permit,
the Board of Appeals shall impose such additional conditions and
safeguards as . public safety, welfare and convenience may require,
either as recommended by the Planning Board or upon its own
initiative.
v
(Adj. Session of the Special Town Meeting - December 12, 1977.)
Article 10. ( Politi's substitute motion continued)
(Cont.)
33.10 Subsequent to a special permit granted by the Board of
Appeals under the provisions of this Section 33, and the approval
of a definitive plan of a subdivision by the Planning Board, the
location of side and rear lines of lots in such subdivisions may be
revised from time to time in accordance with applicable laws, by-
laws and regulations. Any change in the number of lots, the lines
of streets, the reserved open space, its ownership or use, or any
other conditions stated in the original special permit shall require
a new special permit issued in accordance with the provisions
of this By -Law.)
Mr. Politi gives an explanation of his substitute motion and is
recognized for the second time.
9:40 P.M.
Albert P. Zabin, Chairman of the Planning Board, speaks against
Mr. Politi's motion.
Mr. Friedman stated that Section 33.65 was left out of the sub -
stitute motion and Mr. Politi said that it was intentionally
omitted. 9:48 P.M.
Selectman, Robert B. Kent spoke in favor of Mr. Politi's substitute
motion. 9:52 P.M.
After general discussion, Donald J. Shaw moved the previous question
which was declared carried by voice vote.
10:02 P.M.
Mr. Politi's substitute motion was declared carried by voice vote,
which was doubted, so a standing vote taken as follows:
Precinct In F avor Tellers Op posed
1 10 John T. Avery 5
2 10 Michael J. O'Sullivan 6
3 7 Shirley A. Byrne 7
4 6 Joseph 0. Rooney 10
5 9 Guy W. Doran 4
6 4 Frank B. Stille 9
7 4 Alice M. Pierce 12
8 12 Ione D. Garing 5
9 7 Gordon E. Barnes, Jr. 4
At Large 13 William J. Dailey, Jr. 7
Total 82 69
Mr. Politi's motion to substitute a motion for Article 10 was adopted.
10:07 P.M.
The Moderator stated that Mr. Politi's substitute motion is now the
main motion and needs a two - thirds vote. 10:07 P.M.
Manfred P. Friedman states that the Planning Board urges that the
Town Meeting support this motion. 10:08 P.M.
Mr. Politi's substitute motion, which is now the main motion,
declared carried unanimously. 10:08 P.M.
Manfred P. Friedman served notice of reconsideration of Article 10. 10 :08 P.M.
Mr. Friedman moved to reconsider Article 10. Carried by voice vote. 10:10 P.M.
(Adj. Session of the Special Town Meeting - December 15, 1977.)
Article 10. Albert P. Zabin moved to amend Article 10 as follows:
(Cont.) MOTION: The following section be added to Article 10.
33.75 "The Board of Appeals shall cause to be made and filed a
detailed record of its proceedings indicating the vote of each
member and setting forth clearly the reasons for its decision which
shall at least include its findings with respect to those matters
enumerated in Sections 12.2, 33.61, 33.62, 33.63 and 33.64 of this
by -law.
Adopted by voice vote. 10:11 P.M.
Mr. Politi's substitute motion, which is now the main motion, as
amended by Mr. Zabin declared carried unanimously.
10:12 P.M.
(Article 10 as adopted: (Mr. Politi's substitute motion as amended
by Mr. Zabin)
(Motion MOTION: To strike from the Zoning By -Law of the Town of Lexington
adopted Section 33 and substituting therefore the following:
under
Article Section 33. Cluster Development. The Board of Appeals may grant a
10.) special permit for any tract of land of ten (10) acres or more to be
subdivided as a cluster development, subject to the requirements and
conditions described below.
33.1 The general objectives of cluster developments are to
encourage:
(Approved 33.11 Preservation of open space for conservation, outdoor
by Atty. recreation or park purposes
General
March 15, 33.12 Better utilization of natural features of the land through
1978. a greater flexibility of design
Posted:
Town 33.13 More efficient provision of municipal services.
Office
Building 33.2 The number of building lots in any tract of land for which a
& 9 special permit is issued shall not exceed such number of lots usable
Precincts for building under the laws of the Commonwealth and the By -Laws of
on the Town, and conforming to the area and frontage requirements
April 4, specified for KO district in Section 27 hereof as could be contained
1978) in 85 percent of the area of the tract to be subdivided.
33.3 At least 25 percent of the total area of such tract shall
remain unsubdivided, and, except as provided below, unbuilt upon,
and shall be used for conservation, outdoor recreation or park
purposes.
33.31 Such unsubdivided land may be in one or more parcels of a
size and shape appropriate for its intended use as determined by
the Board of Appeals after consideration of the recommendations
of the Planning Board.
33.32 Such unsubdivided land shall be conveyed to and accepted by
the Town of Lexington, to all homeowners within such tract jointly,
or to a trust, the beneficiaries of which shall be the homeowners
within such tract, which shall have as one of its purposes the
maintenance of such land for conservation, recreation or park
purposes, or to a non - profit organization, the principal purpose
of which is the conservation of open space. The future ownership
of such unsubdivided land, which may differ from parcel to parcel,
shall be specified by the Board of Appeals as a condition of the
special permit.
33.33 When such unsubdivided land is conveyed to persons other
than the Town of Lexington, the Town shall be granted an easement
over such land sufficient to ensure its perpetual use and main-
tenance as conservation, recreation or park land.
(Adj. Session of the Special Town Meeting - December 12, 1977.)
Article 10. 33.34 Access at least 40 feet wide shall be provided to each parcel
(Cont.) of such unsubdivided land from one or more streets in the subdivision.
Such access shall be identified in a manner as specified by the
Board of Appeals in the conditions of the special permit.
33.35 A maximum of 20 percent of such open land (if the special
permit so provides) may be devoted to paved areas and structures
used for or accessory to active outdoor recreation, and consistent
with the open space uses of such land. The Board of Appeals shall
impose such conditions and requirements with respect to such open
land to ensure that at the completion of the development such land
will be in a condition appropriate to its intended use.
33.4 The following minimum standards shall be observed with respect
to any reduction of street frontage or lot area permitted in a cluster
development:
33.41 Street frontage for each lot may be reduced to not less than
120 feet, lot area may be reduced to not less than 20,000 square feet.
33.42 The street frontage may be further reduced on curves in
accordance with the provisions of Paragraph 26.55 of this By -Law.
33.5 The application for a special permit for a cluster development
shall be accompanied by a preliminary subdivision plan and an order
of conditions issued by the Conservation Commission pursuant to
Article XXXIII of the General By -Laws of the Town of Lexington, or a
determination by the Conservation Commission that Article XXXIII is
not applicable or that conditions are not necessary; a copy of which
shall also be submitted to the Planning Board. In addition to the
information required by Rules and Regulations of the Planning Board to
be shown on preliminary subdivision plans, such plan for a cluster
development shall show the following:
33.51 Soil culture of the land, such as wooded, pasture, rock
outcrops or swampy.
33.52 Proposed landscaping and use of land which is to be reserved
for conservation, recreation or park use, including any proposed
structures thereon.
33.6 The Planning Board shall submit in writing to the Board of
Appeals its report and recommendations as to said application for
special permit, to include at least the following:
33.61 Its determination as to the number of lots usable for
building.
33.62 A general description of the tract in question and surround-
ing areas.
33.63 An evaluation of the appropriateness of the proposed develop-
ment and the extent to which it accomplishes the objectives of the
cluster development.
33.64 Recommendations for the granting or denial of the special
permit, including recommendations for modifications, restrictions or
requirements to be imposed as a condition of granting the special
permit.
33.7 The Board of Appeals shall not take any action on a petition
for a permit for a cluster development until the Planning Board shall
have submitted its written recommendations to the Board of Appeals or
45 days shall have elapsed from the date of submission of the prelim- - - - --
inary subdivision plan and application for a special permit. In
determining whether to grant a special permit for a proposed cluster
development which meets the minimum standards stated herein, the
Board of Appeals shall consider:
33.71 The report and recommendations of the Planning Board.
33.72 The general objectives of cluster developments.
(Adj. Session of the Special Town Meeting - December 12, 1977.)
Article 10. 33.73 The existing and probable future development of surrounding
(Cont.) areas.
33.74 The appropriateness of the proposed development in relation
to topography, soils and other characteristics of the tract in
question.
Where its decision differs from the recommendations of
the Planning Board, the Board of Appeals shall state in its
decision the reasons therefor.
33.75 The Board of Appeals shall cause to be made and filed a
detailed record of its proceedings indicating the vote of each
member and setting forth clearly the reasons for its decision
which shall at least include its findings with respect to those
matters enumerated in Sections 12.2, 33.61, 33.62, 33.63 and
33.64 of this by -law.
33.8 Nothing contained herein shall in any way exempt a proposed
subdivision from compliance with other applicable provisions of
these By -Laws or the Subdivision Rules and Regulations of the Planning
Board, nor shall it in any way affect the right of the Board of
Health and of the Planning Board to approve, with or without conditions
and modifications, or disapprove a subdivision plan in accordance
with the provisions of such Rules and Regulations and of the Sub-
division Control Law.
33.9 The Planning Board shall not recommend and the Board of
Appeals shall not grant a special permit for the subdivision of land
into lots having the reduced area and frontage, as provided for in
this subsection, if it appears that because of soil drainage,
traffic or other conditions the granting of such permit would be
detrimental to the neighborhood or to the Town or will be unlikely
to further the purposes of cluster development, or if the uses,
shape, size or location of the unsubdivided land are incompatible
with the purposes of this section. in granting a special permit,
the Board of Appeals shall impose such additional conditions and
safeguards as public safety, welfare and convenience may require,
either as recommended by the Planning Board or upon its own initiative.
33.10 Subsequent to a special permit granted by the Board of
Appeals under the provisions of this Section 33, and the approval of
a definitive plan of a subdivision by the Planning Board, the
location of side and rear lines of lots in such subdivisions may be
revised from time to time in accordance with applicable laws, by -laws
and regulations. Any change in the number of lots, the lines of
streets, the reserved open space, its ownership or use, or any
other conditions stated in the original special permit shall require
a new special permit issued in accordance with the provisions of
this By -Law.
Carried Unanimously. 10:12 P.M.)
Article 18. Presented by Mary E. Shunney.
MOTION: That the Selectmen be and they hereby are authorized to
convey a parcel of land on the southerly side of Woburn Street contain-
ing .79 acres, more or less, shown as parcel A -2 on plan entitled
"Plan of Land in Lexington, Mass." dated June 25, 1968, Albert A.
Miller, Wilbur C. Nylander, Civil Engineers and Surveyors recorded
in Middlesex South Registry of Deeds Book 11563, Page 3, to the
Lexington Housing Authority, on such terms as the Selectmen shall
determine for a minimum price of $1.00.
Carried Unanimously. 10:15 P.M.
(Adj. Session of the Special Town Meeting - December 12, 1977,)
Article 19. Presented by Mary E. Shunney.
(App. MOTION: That the Zoning By -Law of the Town be amended by adding a
by Atty. new subsection 22.49 as follows:
General
Mar. 15, "A district on the southerly side of Woburn Street as shown on the
1978. Zoning District Map No. RM -7 entitled "RM Garden Apartment Districts ",
Posted: designated thereon 22.49."
Tn. Off. 10:.15 P.M.
Building
& 9 Albert P. Zabin filed the Report of the Planning Board in which they
Prec. unanimously recommend passage of Articles 18 and 19.
Apr. 4, 10:16 P.M.
1978)
Motion, as presented by Mrs. Shunney, declared carried unanimously.
10:17 P.M.
Article 20. Presented by Eric T. Clarke.
MOTION: That the Selectmen be and they hereby are authorized to
abandon road, sewer, drain and water easements granted to the Town by
George J. DeVries and Sohn S. DeVries, a partnership doing business
as Lexington Development Company, by instrument dated November 2, 1959,
recorded with Middlesex South Registry of Deeds, Book 9492, Page 188,
as such rights and easements cross Lots 9, 10, 11, 12, 13, 14, 15,
16 and 17 on an approved subdivision plan entitled "Lowell Estates,
Section 2 in Lexington, Mass. ", recorded with said Registry, Book
12910, Page 246, for the benefit of Village Development Corp., on
such terms as the Selectmen shall determine, provided that all expenses
of this transaction shall be borne by Village Development Corp.
Carried Unanimously, 10:20 P.M.
Article 21. Presented by Fred C. Bailey.
MOTION: That $4602. be appropriated, in addition to amounts
previously appropriated under Articles 4 and 5 of the warrant for the
1977 annual town meeting, to fund cost items resulting from collective
bargaining, and to raise such amount $4602. in available P.L. 94 -369
(Anti- Recession Fiscal Assistance Funds) is appropriated; and in
addition to the accounts listed under said Article 5, Account No.
4120 - Fire Department Collective Bargaining Unit - Personal Services
be added thereto.
10:21 P.M.
Donald B. White, Chairman of the Appropriation Committee, stated that
his committee supported this motion. 10 :24 P.M.
Motion, as presented by Mr. Bailey, carried unanimously. 10:26 P.M.
Article 22. Presented by Margery M. Battin.
MOTION: That the Board of Selectmen be and they are hereby authorized
(See to petition the General Court for an act to amend Chapter 215 of the
Chap. Acts of 1929 as amended to:
179 -
Acts of (i) allow not less than nine nor more than twelve precincts,
1978.)
(ii) eliminate the chairman of the cemetery commissioners as a town
meeting member at large,
(iii) eliminate the requirement of posting notices of adjourned
town meetings in five or more public places and mailing notices
to town meeting members, and
(iv) bring the time for filing nomination papers for new town
meeting members and incumbent town meeting members in line
with Chapter 53, Section 10 of the General Laws.
10:27 P.M.
5
(Adj. Session of the Special Town Meeting - December 12, 1977.)
Article 22. Patricia K. Hagedorn moved to strike the words from subparagraph
(Cont.) (iii) "and mailing notices to town meeting members, ".
10:33 P.M.
Mrs. Hagedorn's motion to amend Article 22 was declared lost by
voice vote. 10:34 P.M.
Main motion, as presented by Mrs. Battin, declared carried
unanimously. 10:35 P.M.
Margery M. Battin, Chairman of the Board of Selectmen, moved that this
meeting be dissolved.
Carried Unanimously. 10:35 P.M.
A true copy.
Attest:
/U °r
Mary R. McDonough, Town Clerk
Nancy A. Bender, 97 North Street, resigned as a Town Meeting Member from
Precinct Five, effective January 26, 1978.
Warren Roberts, 11 Myrna Road, having received the next highest number of
votes as a defeated candidate for Town Meeting Member in Precinct Five at the
Annual Town Election held March 7, 1977, has accepted a Town Meeting Member
position in Precinct Five. This term will expire on March 6, 1978. Mr. Roberts
accepted this position on January 30, 1978. As January 23, 1978 was the final
day for incumbent Town Meeting Members to file as an incumbent for the 1978
Annual Town Election, it will not be possible for Mr. Roberts to run for Town
Meeting Member as an incumbent at this election.
Frederick V. McMenimen, Jr., 26 School Street, resigned as a Town Meeting
Member from Precinct Nine on February 15, 1978.
This vacancy will not be filled at this time as it would be filled only until, -the
next Annual Town Election which will be on March 6, 1978, only nineteen days away.
In accordance with Chapter 215, Acts of 1929, as amended, this vacancy would be
filled at the Annual Town Election by the defeated candidate for Town Meeting Member
in Precinct Nine receiving the highest number of votes. There will be no defeated
candidates for Town Meeting Member in Precinct Nine at the March 6, 1.978 election
as there are eight candidates running for eight positions. Therefore, in accordance
with Chapter 215, Acts of 1929, as amended, a special election of Precinct Nine
Town Meeting Members to fill this vacancy will be held after the March 6, 1978
Annual Town Election. The date will be set after the election. (See Page 278.)