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HomeMy WebLinkAbout1958-05-12-STM-min (See Warrant Book) SPECIAL TOWN MEETING HELD MAY 12, 1958 t Meeting called to order by the Moderator, Charles E. Ferguson. 8:05 P. M. There were 189 Town Meeting Members present. Invocation offered by Rev. Robert H. Bartlett. 8:06 P. M. Town Clerk, James J. Carroll, read the warrant for the meeting until further reading was waived, and read the Constable's Return for the meeting. 8:06 P. M. Article 1. Norman J. Richards, Chairman of the Appropriation Committee, presents report of the committee which was voted to be accepted and placed on file. Carried Unanimously 8:06 P. M. Austin W. Fisher, Jr. , Chairman of the Standing School Building Committee, presents Supplementary Report of the Committee which was voted to be accepted and placed on file. 8:07 P. M. Article 2. William E. Maloney, Chairman of the Board of Selectmen, moves for indefinite postponement. Carried Unanimously 8:07 P. M. Article 3. Presented by Thomas S. Grindle, Chairman of the Planning Board. VOTED: That the Selectmen be and hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for sewer, water, drain, street, school, playground and recreational purposes and other public purposes, a parcel of land with the building there- on situated on the northerly side of Massachusetts Avenue in Lexington, containing 68,700 square feet, more or less, believed to be owned by Andrew E. Millyan and Margaret K. Millyan and represented by Land Court certi- ficate of title 88230, registered in Middlesex South Land Registry District, Registration Book 571, Page 80, an option to acquire such land havig been obtained from said owners by the Planning Board, and to appropriate for such land acquisition the sum of $28,900.00 and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 8:25 P. M. Article 4. Presented by Thomas S. Grindle. VOTED: That the Selectmen be and hereby are authorized on behalf of the Town to purchase, take by eminent domain or otherwise acquire for sewer, water, drain, street, school, playground and recreational purposes and other public purposes, a parcel of land situated on the south- westerly side of Middleby Road in Lexington, believed to be owned by Diomede Famosi, Trustee of Middleby Realty Trust and to contain twenty eight and one-half acres more or less, an option to acquire such land having been ob- tained from said owner by the Planning Board, and to appropriate for such land acquisition the sum of S21,000.00 and to provide for payment thereof by transfer from the Excess and Deficiency Account. Voice vote not unanimous, standing vote taken as follows:: In Favor Tellers Opposed 34 Donald K. Irwin 3 91 Ernest A. Giroux 9 21 Lincoln P. Cole, Jr. 13 1)x.6 25 Carried 8:38 P. M. Article 5. Presented by William. E. Maloney. VOTED: That the Selectmen be and hereby are authorized to obtain on loan six additional voting machines and to appropriate the sum of $460.00 to defray transportation and insurance expenses on such machines and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried 8:41 P. M. Article 6. Presented by William E. Maloney. MOTION: To establish as a town way, and accept the layout of as a town way, Asbury Street from Paul Revere Road a distance of 560 feet, more or less, northerly to, Balfour Street as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk dated April 7, 1958 and to authorize the Sel- ectmen Sel ectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in the land necessary therefor, and to provide for payment thereof by transfer from the Excess and Deficiency Account the sum of $12,000.00. 8:J11i P. M. Rev. Harold T. Handley questions Appropriation Committee - if not in favor, why not offer an amendment. 8:45 P. M. Norman J. Richards, Chairman of the Appropriation Commi- ttee,. presents the following amendment: VOTED: To establish as a town way, and accept the layout of as a town way, Asbury Street from Paul Revere Road a distance of 560 feet, more or less, northerly to Balfour Street as laid out by the Selectmen under the Betterment Act and shown upon a plan on file in the office of the Town Clerk dated April 7, 1958 and to authorize the Sel- ectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in the land necessary therefor, and to raise and appropriate for land acquisition and for construction of the street the sum of $12,000.00. Amendment adopted 8:47. P. M. Main motion as amended voted on and carried unanimously. 8:47 P. M. Article 7. Presented by Austin W. Fisher, Jr. VOTED: That the Standing School Building Committee, appointed under authority of the vote adopted under Art- icle 37 of the warrant for the 1957 Annual Town Meeting, . be and hereby is authorized on behalf of the Town to enter into a contract or contracts for the construction of a new junior high school building on land situated easterly of Burlington Street and northwesterly of Adams Street that was acquired for school and playground purposes in 1957, and to prepare plans and specifications, obtain bids and enter into a contract or contracts for the original equipping and furnishing of the same, and to supervise the work; and that the sum of S2,080,000.00 be appropriated therefor and that payment be provided by raising $30,000.00 in the current tax levy, and by the issue of bonds or notes of the Town for the balance of $2,050,000.00; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $2,050,000.00 under the authority of Chapter 645 of the Acts of 1948, as amended, and to issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years. Vincent A. McCrossen started to offer a motion which was declared by the Moderator to be out of order. 8:58 P. M. 92 Article 7. David F. Toomey moves for indefinite postponement which '=-7 . (Cont. ) was declared lost by voice vote. 8:59 P. M. on main motion Voice vot/not unanimous ,, standing vote taken as follows: In Favor Tellers Opposed 38 Donald K. Irwin 2 108 Ernest A. Giroux 0 36 Lincoln P. Cole, Jr. 1 182 3 Carried 9:04 P. M. Article 8. Presented by Donald K. Irwin. VOTED: To amend the Building By-Law of the Town by striking out "Signs",Article XIX that is entitled Signs as amended, and to adopt a new Sign By-Law as recommended by the Building and Plumbing By-Laws Study Committee, a copy of which entitled "Proposed Sign By-Law" and dated April, 1958, is on file in the office of the Town Clerk. Standing vote taken as follows: In Favor Tellers - Opposed 32 Irving H. Mabee 4 97 Ernest A. Giroux 12 32 Lincoln P. Cole, Jr. 2 161 18 Carried 9:09 P. M. Question by David F. Toomey on proceedure of Town Meetings declared out of order by the Moderator. 9:10 P. M. Article 1. Presented by Donald K. Irwin. The acceptance by this Town Meeting of the proposed Sign By-law, as recommended by the Building and Plumbing By-law Study Committee, completes the work of the Committee. The Building and Plumbing Sections having been approved by the former Town Meeting. Respectfully submitted, C. Harry Erickson Robert W. Custance Vernon C. Page Earl Outhet Richard S. Morehouse Ernest A. Lindstrom (deceased) Donald K. Irwin, Chairman which was voted to be accepted, placed on file and the committee discharged. Carried Unanimously 9:11 P. M. Article 9. Presented by Richard A. Soule. Mr. Soule asks for consent of the meeting to waive the further reading of the article. There were no objections. 9:12 P.M. MOTION: To amend the Zoning By-Law to provide for an additional type of zoning district to be designated C 4-- Regional Shopping Center Districts, as follows: 1. By adding in Section 3 Districts Defined the following new paragraph: (z ) C 4-Regional shopping center districts. 2. By striking out the word "or" between the words "Al" and "C3" in paragraph (a) of Section 4 Geographical Descriptions of Districts and by substituting therefor a comma and by inserting between the words 'rC3" and "district" of said paragraph the words: - or C 4. Article 9. 3. By changing certain land from an R 1 District to a ( Cont. ) C 4 District by adding in Section 4 Geographical Descriptions of Districts the following new para- graphs: (i) C 4-Regional shopping center districts. 1. A district situated northeasterly of the Cambridge- Concord Highway (Route 2) and easterly of the Northern Circumferential Highway (Route 128) and bounded and described as follows: Southeasterly by Spring Street, Southwesterly by the Cambridge-Concord Highway (Route 2) and the Route 2-Route 128 Interchange, so-called, Westerly by the Northern Circumferential Highway (Route 128) , Northerly by land now or formerly of the Josiah Willard Hayden Recreation Centre, Inc. , " Northeasterly by lots 232 to 251, both inclusive, on Land Court Plan 6962D, Northwesterly by lot 252 on said plan, and Northeasterly again by land now or formerly of Swenson by a line parallel with and distant 200 feet southwesterly from the southwesterly line of Shade Street. 4. By adding under Section 5 Permitted Buildings and Uses the following new paragraph: (i) C4 Districts. 1. A regional Shopping Center, as hereinafter defined, is permitted with the following build- ings and uses: a. Retail stores. b. The following personal service facilities: barber or beuty shop, physical conditioning and reducing salon, photographic studio, travel agency, shoe and hat repair shop, laundry and cleansing pick-up station, dressmaker, milliner or tailor shop, and household appliance or equipment repair or instruction shop. c. Restaurants and other places for serving food, with the exception of diners and lunch carts so-called which are hereby expressly prohibited. d. Retail gasoline, oil and greasing stations and places of business for the sale and in- stallation of tires and other automobile accessories, but excluding garages for storage or repair of motor vehicles, and salesrooms, showrooms or any area or facil- ities for the sale of motor vehicles. e. Banks and postal substations. f. The following additional buildings and uses are permitted subject to permission from the Board of Appeals: (1) Theaters and other enclosed places of amusement. (2) Personal service facilities found by the Board to be similar to those set forth in subparagraph b. above. 2. For the purpose of this by-law a "Regional Shopping Center" is defined to be a group of stores and buildings and a land area of not less than fifty (50) acres (1) planned to serve a I _ ! regional population and n p of _ merelpopul- ation ation of the Town of Lexington, y the ped (2) planned, designed and developed as a unit, in one or more stages, and (3) operated and managed, after construction, as a unit. 3. All merchandise and all sale and display facil- ities and activities shall be entirely within fully enclosed buildings, except the sale of gas- oline and oil at stations permitted under sub- paragraph d, of paragraph 1. above, and except as shall be expressly permitted by the Board of Appeals. rya CZ Article 9. 5. By inserting after the word "C3" in paragraph (b) of ( Cont.) Section 7 Height Regulations the following:-, C4 - so that said paragraph (b) will read as follows: (b) in C2, C3, Ch. and M1 districts the maximum height of buildings shall be fifty-five feet. 6. By amending Section 8 as follows: A. By striking out the title "Area, Frontage and Yard Regulations" and substituting in place thereof the title - Area, Frontage, Yard, Off-Street Parking and Site Plan Regulations. B. By adding the following new paragraph: (i) C4 Regional Shopping Center Districts. 1. In C4 districts the entire land within the district shall be deemed to be a single lot for all purposes under this by-law. 2. In C4 districts there shall be provided a. Open spaces on such lot of not less than 200 feet between each boundary line of such lot and the permitted buildings and structures thereon. Where such lot bounds on a street, the exterior line of the street shall be deemed to be the boundary line for the purpose of this subparagraph. b. An open area on such lot, not occupied by any building, structure, or open sales area, of not less than seventy-five (75) per centum of the area of such lot. c. Parking area (including access drives and aisles) on such lot for automobiles or other vehicles containing not less than three (3) square feet for each square foot of gross floor area of the buildings and structures on such lot. The open spaces and area required under subparagraphs a and b above may be used for parking area if otherwise lawful. d. Adequate space on or under the surface of such lot, adjacent to the buildings and structures to be served, for loading and unloading purposes, including maneuv- ering space, for service vehicles. 3. In C4 districts, all buildings shall be con- structed, reconstructed, altered, enlarged or used and the premises shall be used for a permitted purpose only in conformity with a site plan for such lot, bearing an en- dorsement of approval by the Board of Appeals. a. The owner of the lot for which a site plan approval is desired shall submit such site plan to the Board of Appeals in accordance with procedure prescribed by the Board and no building permit shall be issued for any existing or proposed building or structure on such lot until a site plan showing such building or structure has been approved by the Board and then only if such building or structure conforms to such site plan as approved. b. The site plan shall present a unified and organized arrangement of buildings, structures and service facilities and shall show, among other features, the g'ound area and location of all existing and proposed buildings, structures, parking areas, loading and unloading spaces, driveways, driveway openings and other uses; all facilities for water service, sewage, refuse and other wast disposal services, outdoor lighting, and water drainage; and all principal landscape features such as fences, walls, walks, and planting areas, including screening of such lot, if reasonably necessary, from R1 and R2 districts on which such lot abuts. erb Article 9. The site plan shall include separate (Cont. ) drawings showing a unified general ex- terior architectural design for all pro- posed buildings and structures, the style and type of such design, however, shall not be subject to approval by the Board of Appeals. In granting approval of a site plan the Board may determine the extent to which there shall be access to such lot from an abutting street. c. Before approving applications for site plan approval under this paragraph, the Board shall assure to a degree consistent with a reasonable use of such lot for the purpose permitted by the regulations of the districts: 1. Protection of other premises in the neighborhood against detrimental or offensive uses on such lot. 2. Convenience and safety of vehicular and pedestrian movement on such lot and in relation to streets, ways and land in the neighborhood of such lot. 3. Adequacy of the facilities for sewage, refuse and other wast disposal and for water drainage. d. The site plan may be submitted to the Board of Appeals in stages or as a com- plete plan and, in either case, the Board in acting on a site plan may approve it in whole or in part.' Whenever successive site plans are sub- mitted, any feature approved by the Board on a prior site plan shall be deemed to be approved if shown materially unchanged on a subsequent site plan, unless the Board determines that new or changed features on the subsequent site plan materially affect the feature that other- wise would be deemed to be approved. e. In approving a site plan, the Board shall have the power to authorize such deviation from the site plan as approved as the Board specifies in its approval endorsement. The Board shall have the power to modify or amend its approval of a site plan on application of anyone having a property interest in such lot or upon its own motion if such power is reserved by the Board in its approval endorsement. All provisions applicable to an approval of a site plan shall, where pertinent, be applicable to a modification or amend- ment of an approval. f. Upon receipt of a site plan or of an application for modification or amendment of its approval of a site plan or before modifying or amending its approval of a site plan on its own motion, the Board of Appeals shall transmit to the Planning Board the site plan and the application or proposal for modification or amendment —_ of its approval of a site plan. The Plan- ning Board shall consider the site plan and any application or proposal for modifi- cation or amendment of any approval of a site plan and shall submit a final report o t thereon with recommendations to the Board of Appeals. Article 9. The Board of Appeals shall not approva a C711 (Cont.) site plan and shall not modify or amend its approval of a site plan until such final rD report of the Planning Board has been submitted to it or until thirty days have elapsed after the transmittal to the Planning Board of the site plan or appli- carion or proposal for modification or amendment of approval of a site plan, without such report being submitted. 9:12 P. M. Wilbur M. Jaquith presents Majority Report and Minority Report of the Planning Board which were voted to be accepted and placed on file. 9:17 P. M. Slides shown of the various streets in the vicinity of the shopping center. 9:24 P. M. Nathaniel P. Blish asks of the Town Clerk if figures available giving the results of Question No. 2 as voted at the election held March 10, 1958. Results of each precinct read by the Town Clerk. 10:04 P. M. William Hammer offers the following amendment: "I offer the followinamendment to Section 4 para- graph 1. f. to read, "Theaters and other completely en- closed places of amusement." 10:07 P. M. Amendment adopted 10:07 P. M. Woodrow W. Sayre moves the previous question which was adopted at 10:23 P. M. Standing vote taken as follows: In Favor Tellers Opposed 19 Irving H. Mabee 21 51 Ernest A. Giroux 58 22 Lincoln P. Cole, Jr. 15 92 94 Declared Lost 10:25 P. M. Article 10. Presented by Wilbur M. Jaquith. VOTED: To amend the Zoning By-Law by adding in Section 2, Definitions, the following two paragraphs: (q) Municipal. The word "municipal" means the Town of Lexington. (r) Public. The word "public" means the Town of Lexington. report Wilbur M. Jaquith presentyof the Planning Board which was voted to be accepted and placed on file. 10:27 P. M. Main motion as presented carried unanimously 10:27 P. M. Article 11. Presented by Wilbur M. Jaquith. VOTED: To amend Section 8, Area, Frontage and Yard Regulations, of the Zoning By-law by striking out all of paragraph. ( e) M 1 Districts., and substituting in place thereof the following: ( e) M1 Districts 1. In Ml districts there shall be provided: a. For each permitted principal building, other than those permitted in R1 or R2 districts, a lot con- taining an area of not less than four acres and a frontage of not less than 300 feet upon the frontage street. 97 Article 11. b. For each such building and accessory building: (Cont.) (1) A front yard of not less than 50 feet in depth on each street upon which the lot abuts, (2) A side yard on each side of not less than 14.0 feet in width. (3) A rear yard of not less than 50 feet in depth. Provided however, that if a bound- ary of the lot abuts on land in a district other than an M1 district, the side or rear yard requirement, for the yard having as its exterior line the boundary of the lot which abuts the land in the other district, shall be not less than 60 feet in width or depth as the case may be. c. In particular instances, the Board of Appeals may permit such principal building to be erected on a lot containing an area or frontage, or both, of less than the minimum area or frontage requirements specified in subpara- graph a. above, if at the time of the adoption of said minimum requirements suchlot was lawfully laid out and recorded by plan or deed and did not adjoin other land of the same owner available for use in connection with such lot, provided that the Board determines that such permission can be granted without sub- stantial derogation from the intent and pur- poses of this By-Law. A lot resulting from a taking by eminent domain after the adoption of said minimum requirements shall be deemed for the purposes of this subparagraph to have been lawfully laid out and recorded by plan or deed at the time of such adoption, if the larger lot of which it was a part before such taking was so laid out and recorded. In granting such permission, the Board may permit front, side or rear yards of less than the minimum yard requirements specified in subparagraph b. above. d. For each such principal building, an open area on the lot, cc not o occupied by any building, or not less than 75 per centum of the area of the lot, which may be used for parking area if otherwise lawful. e. No parking or loading area on the lot shall be located within 10 feet of the exterior line of any street on which the lot abuts and, if a boundary line of the lot abuts on land in a district other than an MI district, no such parking or loading area shall be located within 10 feet of such boundary line. f. Parking and loading areas on the lot shall be provided with adequate driveways, not more than 25 feet in width, providing access to a street. The entrance of all driveways to a street shall be subject to approval in writing by the Planning Board. g. For each prinicpal building permitted in R1 or R2 districts, the same lot area and front- age, and for each such building and accessory building the same front, side and rear yards, as would be required if the lot were situated in an R1 or R2. district.IL= . v-cvIAM_- _ .-Vra .:�- :,==x.01 �r.X.;-- Mr. Jaquith presents Report of the Planning Board which was voted to be accepted and place on file. 10:30 P. M. Main motion carried unanimously by voice vote. 10:39 P.M. All articles having been dispenced with, William E. Maloney, Chairman, Board of Selectmen, moves that meeting be dissolved. 10:39 P. M. 411 si 00r. y7 I►'o/j Clerk I / 1 ATTORNEY GENERAL'S APPROVAL OF ARTICLE 8 AS PASSED AT THE SPECIAL TOM MEETING HELD May 12, 1958 ARTICLE 8 AS PASSED AT THE SPECIAL TOTETN MEETING HELD MAY 12, 1958 ARTICT,F; 8. Presented by Donald K. Irwin. VOTED: To amend the Building By-Law of the Town by striking out Article XIX that is entitled "Signs", as amended, and to adopt a new Sign By-Law as recommended by the Building and Plumbing By-Laws Study Committee, a cony of which entitled "Proposed Sign By-Law" and dated April, 1958, is on file in the office of the Town Clerk. Standing vote taken as follows : In Favor Tellers Opposed 32 Irving H. Mabee 4 97 Ernest A. Giroux 12 32 Lincoln P. Cole, Jr. 2 161 Carried 9:09 P. M. (Signed) James J. Carroll Town Clerk Lexington, Mass. , May 16, 1958 I, James J. Carroll, Town Clerk of the Town of Lexington, do hereby certify the above to be a true and exact copy of Article 8 as passed at the Special Town Meeting held May 12, 1958 and as same appears on record. I (Signed) James J. Carroll Town Clerk May 20, 1958 Lexington, Massachusetts I, James J. Carroll, To a Clerk of the Town of Lexington certify that the foregoing is the Sign By-Law re- commended by the Building and Plumbing By-Laws Study Committee that was on file in the Office of the Town Clerk and that was referred to in and adopted by the vote of the town meeting under Article 8 of the warrant for the Special Town Meeting held May 12, 1958. (Signed) James J. Carroll Town Clerk Boston, Mass. , June 9, 1958 The foregoing by-law is hereby approved. (Signed) George Finold Attorney General 11 ATTORNEY GENERALS APPROVAL OF ARTICLE 10 AS PASSED AT THE SPECIAL TOWN MEETING HELD MAY 12, 1958 r ARTICLE 10 AS PASSED AT THE SPECIAL TOWN MEETING HETET? MAY 12, 1958 ARTICLE 10. Presented by Wilbur M. Jaquith. VOTED: To amend the Zoning By-Law by adding in Section 2, Definitions, the following two paragraphs : (q) Municipal. The word "municipal" means the Town of Lexington. (r) Public. The word "public" means the Town of Lexington. Wilbur M. Jaquith presents report of the Planning Board which was voted to be accepted and placed on file. 10:27 P. M. Main Motion as presented carried unanimously. 10:27 P. M. (Signed) Jamas J. Carroll Town Clerk Lexington, Mass., May 19, 1958 I, James J. Carroll, Town Clerk of the Town of Lexington do hereby certify the above to be a true and exact copy of Article 10 as passed at the Special Town Meeting held May 12, 1958 and as same appears on record. (Signed) James J. Carroll Town Clerk Boston, Mass. , June 9, 1958 The` foregoing amendment to zoning by-law is hereby approved. (Signed) George Fingold Attorney General ATTORNEY GENERAL t S APPROVAL OF ARTICLE 2 AS PASSAD AT THE SPECIAL TOWN MEETING HELD SEPT. 15, 1958 ARTICLE 2 AS PASSED AT THE SPECIAL TOWN MEETING HELD SEPTEMBER 15, 1955 ARTICLE 2. Presented by Thomas S. Grindle. VOTED: To amend Section 5, permitted Buildings and Uses, of the Zoning By- Law by striking out in paragraph (h) C 3 Districts the number "1" at the be- ginning of the clause so numbered and substituting therefor the number --2--, and by adding before said clause the following clause: 1. Offices for administrative, executive, professional and similar purposes. Mr. Grindle presents Planning Board Report to be accepted. Main Motion carried unanimously 8:11 P. M. (Signed) James J. Carroll Town Clerk 117 Lexington, Mass. September 18, 1958 I, James J. Carroll, Town Clerk of the Town of Lexington do hereby certify the above to be a true and exact copy of Article 2 as, passed at the Special Town Meeting held September 15, 1958 and as same appears on record. (Signed) James J. Carroll Town Clerk Boston, Mass. October 8, 1958 The foregoing amendment to zoning by-law is hereby approved. (Signed) E. J. McCormack, Jr. Attorney General ATTORNE7 GENERAL i S APPROVAL OF ARTICLE 3 AS PASSED AT THE SPECIAL TO= T!EETING Hi LD SEPTEMBER 15, 1958 ARTICLE 3 AS PASSED AT THE SPECIAL TOWN MEETING HELD SEPTEMBER 15, 1958 ARTICLE 3. Presented by Thomas S. Grindle. VOTED: To amend the Zoning By-Law by adding at the end of Section 8, Area Frontage and Yard Regulations, the following new paragraph: (h) C 3 Districts. 1. In C 3 Districts there shall be provided for alluses other than those permitted in R1 or R2 districts: a. A lot containing an area of not less than five acres and a lot width of not less than 300 feet on each street on which the lot abuts, except that incase the lot abuts on a dead end turn- around part of a public street or of a street shown on a sub-division plan approved by the Lexington Planning Board under the Subdivision Control Law and abuts also on such street be- fore the turnaround, the 300 feet may be measured in part along the side line of the street be- fore the turnaround and in part along a pro- jection of the course of such side line through and beyond the turnaround, provided however that the lot shall have a frontage of not less than 60 feet on the street, including such turnaround. b. For each lot a front yard of not less than 100 feet in depth on each street on which the lot abuts, and within such 100 feet from each street there shall be permitted only (1) green areas of grass, plants, shrubs and trees, and (2) walks, driveways and parking facilities occupying not more than 25 per centum of the area. c. On each lot a side yard on each side of not less than 50 feet in width and a rear yard of not less than 50 feet in depth. d. On each lot an open area, not occupied by any building, of not less than 75 per centum of the lot, which may be used for parking if otherwise lawful. e. On each lot parking, loading and unloading facilities reasonably sufficient to serve the business conducted thereon without using adjacent streets `therefor, and not located within 25 feet of any street or boundary line. f. Within 25 feet of each street and boundary, only green areas of grass, plants, shrubs or trees, and necessary ways of access therethrough. g. No open storage of materials or equipment in any front yard, and none elsewhere unless (1) appropriately screened from view from streets and public ways and from land not in_ a C 3 or M 1 district, and (2) not detrimental to the appearance of an office-research area. 118 Article 3. 2. In C 3 Districts there shall be provided for all (Cont. ) uses permitted in R 1 or R 2 districts, the same lot area and frontage, and the same front. and side and rear yards as would be required if the lot were situated in an R 1 or R 2 district. Article read by Richard H. Soule . 8 :15 P. M. Mr. Grindle asks for Report of Planning Board to be accepted and placed on file. Amendment offered by Charles G. Davis as follows: "Amend Item g of Item 1 to read t1No open storage of materials or equipment in any front yard and none elsewhere." 6 :35 P. M. Amendment lost by voice Vote. 8:42 P. M. Voice vote on main motion not unanimous so stand- ing vote taken as follows : In Favor Tellers Opposed 29 Frederick E. Tucker 4 108 Thomas A. Napoli 3 36 Lincoln P. Cole, Jr. 0 173 7 Motion Adopted: 8:46 P. M. (Signed) James J. Carroll Town Clerk Lexington, Mass. , September 18, 1958 I, James J. Carroll, Town Clerk of the Town. of Lexington, do hereby certify the foregoing to be a true and exact copy of Article 3 as passed at the Special Town Meeting held September 15, 1958. (Signed) James J. Carroll Town Clerk Boston, Mass. , October 8, 1958 The foregoing amendment to zoning by-law is hereby approved. (Signed) E. J. McCormack, Jr. Attorney General ATTORNEY GENERAL'S APPROVAL OF ARTICLE 4 AS PASSED AT THE SPECIAL TOWN MEETING HELD SEPTEMBER 15, 1958 ARTICLE 4 AS PASSED AT THE SPECIAL TOWN MEETING HELD SEPTEMBER 15,1958 ARTICLE l.}.: Presented by Thomas S. Grindle. VOTED: To amend the Zoning By-Law by changing certain land from and R 1 One Family Dwelling District to a C 3 Special Commercial District by adding in Section 4 Geographical Description of Districts the following new paragraph: (h) C 3 - Special commercial districts. 1. A district on the northeasterly side of the Cambridge-Concord Highway (Route 2) and the easterly side of the Northern Circumferential Highway (Route 128) and on both sides of Spring Street and bounded and described as follows: Beginning at the intersection of the northeasterly line of the Cambridge-Concord Highway (Route 2) and v the easterly line of the Route 2-Route 128 Interchange, so-called, thence northerly and northwesterly along the easterly and northeasterly lines of said Inter- hhanget thence northerly along the easterly line of Inter- change)northern Circumferential Highway (Route 128) to 119 a line parallel with and 25 feet distant at right angle southeasterly from the southeasterly line of Weston Street, thence northeasterly by said parallel line about 290 feet, thence S 26° 47' 10" E about 85 feet to a line parallel with and 250 feet distant at right angle south- westerly from the northernmost straight section of the northeast line of Shade Street, thence S 640 171 10" E by said parallel line 395 feet, thence S 42° 251 10t1 E by a line parallel with and 250 feet distant at right angle southwesterly from the northeasterly line of Shade Street 450 feet, thence S 47° W about 360 feet, thence S 22° E about 885 feet, thence S 39° 091 50" E along the southwesterly lines of lots 234 through 252 shown on Land Court Plan 6962C 932.40 feet, thence N 65° 361 lull B 2u6.87 feet along said lot 252, thence S 390 -091 50" E by A line in part parallel with and 200 feet distant at right angle southwesterly from the southwesterly line of Shade Street 620 feet, thence S 4.° TIP)I0.64 feet, thence S 78° E 262.50 feet, thence S 390 091 50" E about 1h5 feet to Spring Street and continuing on the same course across Spring Street and for a distance of 100 feet southeasterly from the southeasterly line of Spring Street, thence due east to a line parallel with and 100 feet at right angle southwesterly from the so .thwesterly line of the location of old Shade Street, thence southeasterly and southerly by lines parallel with and 100 feet dis- tant at right angle from the southwesterly and westerly lines of the location of old Shade Street to a line parallel with and 100 feet distant at right angle north- erly from land now or formerly of Clarence X. Cutler, thence westerly, southwesterly and southerly by lines parallel with and 100 feet distant at right angle northerly, northwesterly and westerly from said Cutler land to the northerly line of the Cambridge-Concord High- way, and thence westerly and northwesterly along the northerly and north easterly lines of the Cambridge-Con- , cord Highway to the point of beginning. . Richard H. Soule read article L . Mr Grindle moves that Planning Board Report covering Articles 2, 3 and L be accepted and placed on file. Carried Unanimously 8:52 P. M. Main motion voted on and carried unanimously 8:57 P. M. - (Signed) James J. Carroll Town Clerk Lexington, Mass. , September 18, 1958 I, James J. Carroll, Town Clerk of the Town of Lexington do hereby certify the foregoing to be a true and exact copy of Article L as passed at the Special Town Meeting held September 15, 1958 and as same appears on record. (Signed) James J. Carroll Town. Clerk Boston, Mass. , October 8, 1958 The foregoing amendment to zoning by-law is hereby approved. (Signed) E. J. McCormack, Jr. Attorney General " 120 ATTORNEY GETPLRAL' S APPROVAL OF ARTICLE 8 AS PASSED AT THE SPECIAL TOWN MEETING HELD SEPTEMBER 15, 1958 ARTICLE 3 AS PASSED AT THE SPECIAL TOWN M' STING HELD SEPTEMBER 15, 1958 ARTICLE 8. Presented by Wilbur M. Jaquith. VOTED: To anend paragraph (g) A 1 Districts, Garden Apartment and Hotel Districts, of Section 5, Per- mitted Buildings and Uses, of the Zoning By-Law by striking outthe words "Planning Board" wherever they appear and inserting in place thereof the words :-- Board of Appeals--, and by adding the following ad- I ditional clause : 5. Upon receipt of an application to determine that a proposed garden apartment or hotel building and use, including the site, plans and building design, constitute a desirable development in and will not be detrimental to the neighborhood,. or an application to approve site, plans and building design of Proposed buildings accessory to garden apartments or hotel, the Board of Appeals shall transmit to the Planning Board the application and plans. The Planning Board_ shall consider the same and shall submit a final report thereon with recollLriendations to the Board of Appeals. The Board of Appeals shall not approve any such application or plans until such final report of the Planning Board has been submitted to it or until thirty days have elapsed after the transmittal to the Plan- ning Board of the application and Plans without such report being submitted. Mr. Jaquith presents Report of the Planning Board to be accepted and placed on file. Carried Unanimously 9:32 P. H. Main motion voted on and carried unanimously 9:33 P. M. (Signed) James J. Carroll Town Clerk Lexington, Mass. ,_ September 18, 1958 I, James J. Carroll, Town Clerk of the Town of Lexington, do hereby certify the above to be a true and exact copy of Article 8 as passed at the Special Town Meeting held September 15, 1958 and as same appears on record. MM (Signed) James J. CArroll Town Clerk Boston, Mass., October 8, 1958 The foregoing amendment to zoning by-law is hereby approved. (Signed) E. J. McCormack, Jr. Attorney General ATTORNEY GENERAL' S APPROVAL OF ARTICLE 9 AS PASSED AT THE SPECIAL TOWN MEETING HELD SEPTEMBER 15, 1958 ARTICLE 9 AS PASSED AT THE .SPECIAL TO-.TN MEETiNG HELD SEPTEMBER 15, 1953 ARTICLE 9. Presented by Alfred P. Tropeano. VOTED: To amend the Zoning By-Law by adding at the end of Section 4 (g) A 1 - Garden apartment and hotel districts, the following n:ew paragraph: L . A district on the easterly side of Waltham Street beginning at a stone bound situated on the easterly side line of said 7altham Street at the intersection of land now or formerly of Louise J. Carter and the Vine Brook Realty Trust, and thence running northerly along the easterly side line of Wal- tham Street eight hundred fifty (850) feet to a point; thence turning at right angles to said easterly side line of W 7altham Street and running easterly eight hundred (800) feet to a point; thence turning and running southwesterly eight hundred fifty (850) feet, more or less., to a uoint in the common boundary line of land of Vine Brook Realty Trust and land now or formerly of Gaetano Franceschelli et al; and thence turning and running westerly along the center line of a ditch being the common boundary line of land of Vine Brook Realty Trust and land now or formerly of Gaetano Franceschelli et al, of Berta Franceschelli, of Domenic Petrino et al, and of Louise J. Carter five hundred fifty (550) feet to the point of beginning. Charles T. Abbott presents the Report of the Planning Board and moves it be accepted and placed on file. Carried Unanimously 9:35 P. M. • William Hammer presents an amendment which the Moderator declared not in order. 9:50 P. M. Voice vote on main motion not unanimous so standing vote taken as follows : In Favor Tellers Opposed 33 Frederick E. Tucker 0 102 Thomas A. Napoli 3 137 Lincoln P. Cole, Jr. 0 3 Main Motion Adopted 9:56 P. M. (Signed) James J. Carroll Town Clerk Lexington, Mass. , September 18, 1958 I, James J. Carroll, Town Clerk of the h Town m of Lexington do hereby certify the above to be a true and exact copy of Article 9 as passed at the Special Town Meeting held September 15, 1958 and as same appears on record. mjs (Signed) James J. Carroll Token Clerk Boston, Mass. , October 8, 1958 The foregoing amendment to zoning by-law is hereby approved.. (Signed) E. J. McCormack, Jr. Attorney General ATTORNEY GENERAL' S APPROVAL OF ARTICLE 10 AS PASSED AT TF7 SP'CIA.L TOWN Iv1 TING HELD SEPTEMBER 15, 1958 ARTICLE 10 AS PASSED AT TIDE SPECIAL TOWN MEETT G HELD SEPTEMBER 15, 1958 ARTICLE 10. Presented by Wilbur M. Jaquith. VOTED: To amend the Zoning By-Law so as to change certain land from an R 1 One Family Dwelling District to a C 2 General Business District by adding at the end of paragraph 4 in Section (d) C 2-General business districts, as heretofore amended, the following :--- Said district shall also further include adjoining land bounded as follows : northwesterly by the land described in the immediately preceding sentence, fifty and 90/100 (50.90) feet, more or less; southwesterly by Depot Square one hundred twentyone and 76/100 (121.76) feet, more or less; southeasterly by rail- road property by a line parallel to the first boundary above described fifty and 90/100 (50.90) feet more or less; and northeasterly b railroad property by a line parallel to t.b.e second boundary abo re ddsc ibed one hundred twenty-one and 76/100 (121. 76) feet, more or less. Mr. Jaquith presents Report of Planning Board to be accepted and placed on file. r Carried Unanimously 9:58 P. M. Hain motion carried unanimously 9:59 P. M. (Signed) James J. Carroll Town Clerk Lexington, Hass. , September 18, 1958 I, James J. Carroll, Town Clerk of the Town of Lexington do hereby certify the above to be a true and exact cony of Article 10 as Passed at the Special Town Meeting held September 15, 1958 and as same appears on record. (Signed) James J. Carroll Town Clerk Boston, Mass. , October 8, 1958 The foregoing amendment to zoning by-law is hereby approved. (Signed) E. J. McCormack Jr. Attorney General