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SPECIAL TOWN MEETING HELD SEPTEMBER 15, 1958
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There were 186 Town Meeting Members present.
Meeting called to order by the Moderator, Charles E.
Ferguson. 6:05 P. M.
Invocation given by Rev. Jas. A. Bradford of the Hancock Con-
gregational Church. 8:07 P. M.
Town Clerk, James J. Carroll, read the warrant for the meeting
until voted that further reading be waived.
Town Clerk read the Constable' s Return for the meeting.
8:09 P. M.
Article 1. Appropriation Committee Report presented by Norman J.
Richards which was voted to\accepted and placed on file.
8:09 P. M. be
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 beginning 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.
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 all
uses other than those permitted in R 1 or R 2 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 in
case the lot abuts on a dead end turnaround 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 before the turnaround, the
300 feet may be measured in part along the side
line of the street before the turnaround and in
part along a projection 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 facil-
ities 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.
109
Article 3. f. Within 25 feet of each street and boundary, only
(Cont.) 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.
2. In C 3 Districts there shall be provided for all
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.
Permission granted to Mr. Blakeley of Cabot, Cabot &
Forbes to speak on the article. 8:22 P. M.
Various speakers.
Mr. C. H. Spaulding of Cabot, Cabot & Forbes speaks.
Amendment offered by Charles G. Davis as follows:
"Amend Item g of Item 1 to read "No open storage of
materials or equipment in any front yard and none
elsewhere." 8:35 P. M.
Amendment lost by voice vote. 8:42 P. M.
Voice vote on main motion not unanimous so standing
vote taken as follows:
In Favor Tellers Opposed
29 Frederick E. Tucker 4
108 Thomas A. Napoli 3
Lincoln P. Cole, Jr. 0
173 7
Motion Adopted. 8:46 P. M.
Article 4. Presented by Thomas S. Grindle.
VOTED: To amend the Zoning By-Law by changing certain
land from an 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 the
easterly line of the Route 2-Route 128 Interchange, so-
called, thence northerly and northwesterly along the
easterly and northeasterly lines of said Interchange,
thence northerly along the easterly line of the Northern
Circumferential Highway (Route 128) to 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 28° 471 10" E about 85 feet to a line parallel
with and 250 feet distant at right angle southwesterly
from the northernmost straight section of the northeast
line of Shade Street, thence S 64° 171 10" E by said
parallel line 395 feet, thence S 42° 251 10" E by a line
0
Article 4. parallel with and 250 feet distant at right angle south-
(Cont. ) westerly from the northeasterly line of Shade Street 450 "A�
feet, thence S 47° W about 360 feet, thence S 22° E about
885 feet, thence S 39° 09' 50" E along the southwesterly
lines of lots 234 through 252 shown. on Land Court Plan
6962C 932.40 feet, thence N 65° 381 10" E 206.87 feet along
said lot 252, thence S 390 09' 50" -E by a line in part
parallel with and 200 feet distant at right angle south-
westerly from the southwesterly line of Shade Street 620
feet, thence S 4° 1T 2!}0.64 feet, thence S 78° E 262.50
feet, thence S 390 091 50" E about 145 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 southwesterly line of the location
of old Shade Street, thence southeasterly and southerly
by lines parallel with and 100 feet distant 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 northerly from land now or formerly
of Clarence M. 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 Highway, and thence westerly and northwesterly
along the northerly and northeasterly lines of the Cam-
bridge-Concord Highway to the point of beginning.
Richard H. Soule read Article 4.
Mr. Grindle moves that Planning Board Report covering
Articles 2, 3 and 4 be accepted and placed on file.
Carried Unanimously 8:52 P. M.
Main motion voted on and carried unanimously 8:57 P. M.
Article 5. Presented by William E. Maloney, Chairman, Board of
Selectmen.
VOTED: That the Selectmen be and they hereby are authorized
to further extend to theeneral of the g vicinity
inter-
section of Shade and Weston Streets, in such locations as
the Selectmen may determine, subject to the assessment of
bettermentsor otherwise, the sanitary sewer that it was
voted to extend under Article 14 of the warrant for the
1958 Annual Town Meeting, in accordance with Chapter 504
of the Acts of 1897, as amended, or otherwise, and to take
by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor; and .
to appropriate for the construction of such extension and
for land acquisition the sum of $223,000.00 and to provide
for payment thereof by the transfer of 66800.00 from the
Sewer.Assessment Fund, the transfer-of $6200.00 from the
unexpended balance in the current appropriation for In-
terest on Debt that was voted under Article 4 of the war-
rant for the 1958 Annual Town Meeting, and the balance of
$210,000.00 to be provided by the issue of bonds or notes
of the town; and that the Treasurer, with the approval of
the Selectmen, be and he hereby is authorized to borrow
the sum of $210,000.00 and issue bonds or notes of the
Town therefor, tobepayable in accordance with the prov-
isions of Chapter Yi of the General Laws, as amended,
within a period not exceeding twenty years from their dates.
Carried Unanimously 8:59 P. M.
Article 6. Frederic K. Johnson moves for indefinite postponement.
Carried Unanimously 9 P. M.
1[ 1_ x,'
Article 7. Presented by Wilbur M. Jaquith.
VOTED: To, amend Section 5, Permitted Buildings and
Uses, . of the Zoning By-Law by striking out in sub-
paragraph c of paragraph 7 of (a) R 1 Districts the words
"physicians' , dentists' and other professional offices,"
and by adding in said paragraph 7 the following clause:
g. Use of a portion of a dwelling as an office of a
physician, dentist or other professional person residing
in the dwelling and as incidental to such residence.
Under Article 1 Mr. Jaquith presents Report of the Planning
Board which was voted to be accepted and placed on file .
Carried Unanimously 9:01 P. M.
on main motion
Voice vote not unanimous so standing vote taken as follows:
In Favor Tellers Opposed
24 Frederick E. Tucker 10
78 _ Thomas A. Napoli 3L1
30 Lincoln P. Cole, Jr. 8
132 52
Main Motion Adopted. 9:30 P. M.
Article 8. VOTED: To amend paragraph (g) A 1 Districts, Garden
Apartment and Hotel Districts, of Section 5, Permitted
Buildings and Uses, of the Zoning By-Law by striking out
the words "Planning Board" wherever they appear and in-
serting in place thereof the words:--Board of Appeals--,
and by adding the following additional clause:
Presented 5. Upon receipt of an application to determine that a
by proposed garden apartment or hotel building and use,
Wilbur including the site, plans and building design, constitute
M. a desirable development in and will not be detrimental to
Jaquith 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 recommendations 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
Planning 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. M.
Main motion voted on and carried unanimously 9:33 P. M.
Article 9. Presented by Alfred P. Tropeano.
VOTED: To amend the Zoning By-Law by adding at the end of
Section L. (g) A 1 - Garden apartment and hotel districts,
the following new paragraph:
L.4.. A district on the easterly side of Waltham Street
beginning at a stone bound situated on the easterly side
line of said Waltham Street at the intersection of land
now or formerly of Louise J. Carter and the Vine Brook
Imo' Realty Trust, and thence running northerly along the
easterly side line of Waltham Street eight hundred fifty
(850) feet to a point; thence turning at right angles to
said easterly side y s e 1_ne of Waltham 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 point in the coon boundary
line of alnd 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 Frances-
chelli 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.
1 12
Article 9. Charles T. Abbott presents the Report of the Planning
(Cont. ) Board 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.
on main motion
Voice vot2/not unanimous: so standing vote taken as follows:
In Favor Tellers Opposed
33 Frederick E. Tucker 0
102 Thomas A. Napoli 3
37 Lincoln P. Cole, Jr. 0
172 3
Main Motion Adopted. 9:56 P. M.
Article 10. Presented by Wilbur M. Jaquith.
VOTED: To amendthe 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 para-
graph 4 in- Section 4 ( 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 twenty-One and 76/100 (121.76) feet, more or
less; southeasterly by railroad property by a line par-
allel to the first boundary above described fifty and
90/100 (50.90) feet more or less; and northeasterly by
railroad property by a line parallel to the second
boundary above described 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.
Carried Unanimously 9:58 P. M. I
Main motion carried unanimously 9:59 P. M.
Article 11. Presented by William E. Maloney.
VOTED: That the Selectmen be and they hereby are author-
ized to retain engineering services to prepare plans for
a system of sanitary sewers to serve principally the
area of the town situated in the M 1 Light Manufacturing
Zoning District, and that the sum of $12,000.00 be
appropriated therefor and be provided by transfer from
the unexpended balance in the current appropriation
for Interest on Debt that was voted under Article 4 of
the warrant for the 1958 Annual Town Meeting.
Carried Unanimously 10 P. M.
Article 12. VOTEn: That the Selectmen be and they hereby are author-
ized to install sewer mats and other sewerage facilities
to serve the Byron Avenue and Lockwood Road area in such
locations as the Selectmen may determine, subject to the
assessment of betterments or otherwise, in accordance
with Chapter 504 of the Acts of 1897 and all acts in
amendment thereof and in addition thereto, or otherwise,
and to take by eminent domain, or otherwise acquire
any fee, easement or other interest in land necessary
therefor; and to appropriate for such installation and
land acquisition the sum of $24,800.00, and to provide
for payment thereof by transfer from the unexpended
balance in the current appropriation for Interest on
Debt that was voted under Article 4 of the warrant for
the 1958 Annual Town Meeting.
Carried Unanimously 10:03 P. M.
113
Article 13. Presented by William E. Maloney.
VOTWD: That the Selectmen be and they hereby are author-
ized to retain engineering services to prepare plans for
the extension of Worthen Road from Massachusetts Avenue
to Waltham Street, and that the sum of $2000.00 be app-
ropriated therefor and be provided by transfer from the
unexpended balance in the current appropriation for
interest on Debt that was voted under Article 4 of the
warrant for the 1958 Annual Town Meeting.
Norman J. Richards gives approval of the Appropriation
Committee as regards to the finances. 10:08 P. M.
Slides were shown covering the locations by Samuel
P. Snow. 10:214. P. M.
Voice vote in doubt. Standing vote taken as follows:
In Favor Tellers Opposed
26 Frederick E. Tucker 7
59 Thomas A. Napoli 333
16 Lincoln P. Cole, Jr.
101 L!-8
Motion Adopted. 10:27 P. M.
Article 1L.. Presented by William E. Maloney.
VOTED: To transfer from the Selectmen to the School
Committee the care, custody, management and control of
the building situated on Town property known as the
Barnes property, but not including the land except the
land on which the building stands.
Vernon C. Page offers motion that article by laid on
the table. 10:29 P. M.
Not adopted. 10:29 P. M.
Main motion voted on and carried unanimously 10:30 P. M.
William E. Maloney, Chairman, Board of Selectmen, moves that
meeting be dissolved. 10:30 P. M.
`
town Clerk
128 ARTICLE 7 AS PASSED AT THE SPECIAL TOWN MEETING
HELD SEPT a+. ER 15, 1958 nr1
Article 7. Presented by Wilbur M. Jaq.ith.
VOTED: To tend Section 5, Permitted Buildings '<<.d Uses,
of the Zoning By-Law by striking out in sub®p ragraph c
of paragraph 7 of (a) R 1 Districts the words "physici s' ,
dentists' and other professional offices," and by adding
in :aid p_ragraph 7 the following clause: .
g. Use of a portion of a dwelling as an office of a
physici- , dentist or other professional person residing
in the dwelling and as i.cidental to such residence.
Under Article 1 Mr. Jaquith presents Report of the
Planning Board which was voted to be accepted and placed
on file.
Carri d Unanimously 9:01 P. M.
on main motion
Voice vot/not unanimous so standing vote taken as follows:
In Favor Tellers Opposed
24 Frederick E. Tucker 10
78 Thomas A. N=poli 31.
30 Lincoln P. Col- , Jr. 8
132 52
Main Motion Adopted. 9:30 P. M.
.4.1-a .A411011P
"own Clerk
Lexington, Mass. , September 18, 1958
I, James J. Carroll, Town Clerk of the To of Lexington, do
hereby certifythe above to be a true - fid exact copy of Article 7
as passed at the Special Town Meeting held September 15, 1958 and
as sR 'e appears on record.
i
MM
T. . Clerk
Boston, Mass. , December 23, 1958
The foregoing