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HomeMy WebLinkAbout1967-06-12-STM-min SPECIAL TOWN MEETING HELD JUNE 12, 1967 The meeting was called to order by the Moderator, Robert B. Kent, at 8: 03 P . M. There were 168 Town Meeting Members present. Invocation offered by Rev. John Hogan. 8: 05 P . M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived by the Moderator. 8:07 P. M. The Town Clerk read the Constable' s Return of the warrant. 8: 07 P. M. Article 1. Frank T. Parrish, Jr. presents the Report of the Appro- priation Committee which was voted to be accepted and placed on file. Carried Unanimously 8: 08 P . M. Hugh M. Chapin presents Supplemental Report of the Capital Expenditures Committee which was voted to be accepted and placed on file. Carried Unanimously 8: 09 P. M. Article 2. (Lincoln P . Cole, Jr. states that the Town Counsel would not be available for the first part of the meeting because of a previous committment made before the date of this Special Meeting had been changed. ) Presented by Lincoln P. Cole, Jr. - MO TION: To appropriate, subject to validation by or authority of the General Court, the petition to the General Court therefor being hereby approved, the sun of $25,000. 00 for remodeling, reconstructing or making extraordinary repairs to Buckman Tavern, and to provide for payment by transfer from the Excess and Deficiency Account. - 8: 10 P. M. Hugh M. Chapin states that the Capital Expenditures Committee is in favor of this motion. Motion, as presented by Mr. Cole, carried unanimously. 8: 12 P. M. Article 3. Presented by Robert Cataldo. MOTION: -That in addition to money already appropriated, the sum of $3,200.00 be raised and appropriated for Civil Defense - Expenses for the balance of the year 1967. Carried by voice vote. 8:13 P. M. Article h. Presented by Jules P . Sussman. MOTION: That in addition to money already appropriated, the sum of $700.00 be raised and appropriated for Con- servation Commission - Expenses for the balance of the year 1967. 8: lit. P. M. Frank T. Parrish, Jr. moves to amend the motion under Article 4 by striking out the figure of $700.00 and in- serting in place thereof the figure of $300.00. 8: 17 P . M. Amendment, as offered by Mr. Parrish, declared lost by voice vote. 8:28 P. M. Main motion, as offered by Mr. Sussman, declared carried by voice vote. 8:28 P. M. pr Article 5. Presented by James L. Grant. MOTION: That in addition to money already appropriated, the sum of $1, 086.00 be raised and appropriated for Cemetery Department - Personal Services for the balance of the year 1967. 8: 28 P. M. Mr. Grant asks for permission for James R. Sherman, Cemetery Commissioner, to speak on this article. Permission granted. 8:30 P. M. After general discussion, Howard M. Kassler moves the previous question which was declared carried by voice vote. 8:45 P . M. Main motion declared lost by voice vote. 8:45 P . M. Article 6. Presented by Robert Cataldo. MOTION: To raise and appropriate the sum of $3, 000.00 for the purposeof meeting the Town' s share of the expenses of the West Suburban Regional Refuse Disposal Planning Board formed by the regional refuse disposal planning committees of the town of Lexington, Bedford, Concord, Lincoln and Weston and the city of Waltham, pursuant to the provisions of Chapter 40, Section 44B, of the General Laws. Carried by voice vote. 8:47 P. M. Article 7. Presented by Robert Cataldo. MOTION:To raise and appropriate the sum of $300.00 for expenses of the Permanent Building Committee, authorized by vote adopted under Article 73 of the Warrant for the 1967 Annual Town Meeting.. Carried Unanimously 8:47 P . M. Article 8. Presented by Robert Cataldo. MOTION: That the Selectmen be and they hereby are author- ized to enter into a contract for a study of traffic conditions in such locations as the Selectmen may determine on Bedford Street, Hartwell Avenue and Wood Street; and to raise and appropriate therefor the sum of $16,000.00. 8:48 P. M. Hugh M. Chapin states that the Capital Expenditures Committee is against this article. 8:50 P . M. Roland B. Greeley states that the Planning Board is in favor of this article. 8:52 P. M. After general discussion,_ James F. Flynn moves the previous question which was declared carried by voice vote. 9 P. M. Voice vote on main motion doubted by the Moderator, so standing_ vote taken as follows : In Favor Tellers Opposed 18, Frederick E. Tucker 11 24 Donald J. Shaw 13 35 Robert V. Whitman 19 21 Donald B. White 14 98 57 Main motion declared carried. 9: 03 P . M. 4 Article 9. Presented by Robert Cataldo. I- MOTION: That in addition to money appropriated under Article 16 of the 1965 Annual Town Meeting, the sum of $28, 000.00 be appropriated for, the installation of a sewer main or mains, and the acquisition of land or interest therein necessary therefor, in such locations as the Sel- ectmen may determine from the existing North Lexington Pumping Station to the existing sewer main located in Hamilton Road; and to provide for payment therefor by trans- fer from the Excess and Deficiency Account. Carried Unanimously 9: 07 P. M. Article 10. Presented by Lincoln P. Cole, Jr. MOTION: To raise and appropriate the sum of $14,000.00 for the reconstruction and permanent paving of a portion of Massachusetts Avenue. Carried by voice vote. 9:11 P . M. Article 11. Presented by Lincoln P. Cole, Jr. MOTION: That Article 11 be referred to the Board of Selectmen with the request that they investigate further means of cooperating with the Town of Arlington with respect to the future uses of the so-called Great Meadow, located in the Town of Lexington and owned by the Town of Arlington;. that they consult with the various officers , boards, and appointed committees and commissions of both towns for this purpose; and they they report to the next Lexington Town Meeting their findings together with recommendations for action by the Lexington Town Meeting. Carried Unanimously 9:13 P. M. Article 12. Presented by Lincoln P. Cole, Jr. MOTION: That in addition to money appropriated under Article 68 of the War--rant for the 1967 Annual Town Meeting, the sum of $10,000.00 be raised and appropriated for the installation of an instructional pool at the Center Playground. 9: 15 P. M. Hugh M. Chapin states that the Capital Expenditures Committee is in favor of this article. 9: 15 P. M. Carried Unanimously. 9:15 P. M. Article 13. Presented by Roland B. Greeley. MOTION: To establish as a town way and accept the layout of as a town. way, Emerson Road from Adams Street a distance of 410 feet, more or less, westerly, 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 10, 1967, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to raise and appropriate the sum of 830,000.00 for the construction of said street and for land acquisition. 9: 17 P. M. Report of Planning Board filed. 9:18 P. M. After general discussion, Joseph P. Marshall moves the previous question which was declared carried by voice vote. 9:37 P. M. Main motion declared lost by voice vote. 9:38 P . M. ARTICLE 14. Presented by Roland B. Greeley. (Approved MOTION: To amend the Zoning By-Law by adding at the by Attorney end of paragraph ( c) of Section 9 thereof, under the General on caption USE OF LAND, the following new sentence: July 24, Without limiting the generality of the foregoing, out- 1967. door storage of two or more unregistered automobiles, Advertised except where expressly authorized in a special permit in Lexington issued by the Board of Appeals for an automobile sales Minute-Man - or repair business, or an accumulation in the open or August 10, discarded items not used or intended to be used by the 17 & 24, occupant of the property shall be deemed to be a junk 1967. ) yard. Report of the Planning Board filed. 9:40 P . M. Voice vote not unanimous, so standing vote taken as follows : In Favor Tellers Opposed 25 Frederick E. Tucker 1 32 Donald J. Shaw 0 42 Robert V. Whitman 0 31 Donald B. White 0 130 1 More than two-thirds having voted in favor, the main motion declared adopted. 9:42 P. M. Article 15. Presented by Roland B. Greeley. (Approved MOTION: To amend the Zoning By-Law by striking out the by Attorney second paragraph of Section 14 thereof under the caption General on BOARD OF APPEALS and substituting in place thereof the July 24, following new paragraph: 1967. Advertised An appeal to the Board of Appeals under General Laws, in Lexington Chapter 40A, Section 13, shall be taken within thirty Minute-Man days from the date of the order or decision which is August 10, being appealed, by filing a notice of appeal, 17 & 24, specifying the grounds thereof, with the Town Clerk. 1967. ) 9:42 P . M. Report of the Planning Board filed. 9:42 P. M. Carried Unanimously 9:43 P . M. Article 16. Presented by Roland B. Greeley. MOTION: To amend the Zoning By-Law by striking out the entire Section 15 thereof and by inserting in place thereof the following new Section 15: SEVERABILITY OF PROVISIONS The invalidity of any section or provision of this By- Law, or in the administration thereof, as it applies to one or more lots or areas of land shall not invalidate its application to any other lot or area of land nor any other section or provision hereof. 9:43 P. M. Mr. Greeley moves for indefinite postponement which was carried unanimously. 9:45 P. M. Article 17. Presented by Roland B. Greeley. (Approved by Atty. Gen. MOTION: To amend the Zoning By-Law by striking out the July 24, text of Section 18 thereof under the caption PENALTY FOR 1967. VIOLATION and substituting in place thereof the following: Advertised Lex. Min-Man. August 10, 17 & 24, 1967.) 9�xf Article 17. Whoever violates any provision of this By-Law shall ( Cont. ) be punished by a fine not exceeding fifty ($50.00) dollars for each offense, except that the penalty for the removal of earth materials in violation of this By- Law shall be as provided for in the General By-Laws of the Town of Lexington. Every day a violation continues after its abatement has been ordered by the Town shall constitute a new offense. 9:45 P. M. Report of the Planning Board filed. 9:45 P. M. Carried Unanimously 9:45 P. M. Article 18. Presented by Roland B. Greeley. MOTION: To amend the Zoning By-Law by redesignating as paragraph c paragraph b of subsection 1 of Section 8 ( c) thereof under the caption C 2 Districts and by adding a new paragraph b to read as follows: b. For each lot indoor or outdoor parking area on the lot, available and accessible for parking of motor vehciles, containing not less than 50 per cent of the area of such lot, .provided, however, that for any lot upon which any building is located on May 24, 1967 such parking space may be the lesser of 50 per cent of the area of such lot or the area of such lot that was avail- able for parking on May 24, 1967, whether or not said area was used for parking. The provisions of this paragraph b. shall not apply to the district described in paragraphs 2. and 4. in subsection ( d) of Section 4 hereof under the caption C 2 - General business districts. 9:47 P. 77:- Report of Planning Board filed. 9:47 P . M. After general discussion, Herbert W. Eisenberg moves the previous question which was declared carried by voice vote. 10:10 P. M. Voice vote on main motion not unanimous, so standing vote taken as follows: In Favor Tellers Opposed 17 Frederick E. Tucker 11 32 Donald J. Shaw 9 23 Robert V. Whitman 32 16 Donald B. White 20 88 72 Less than two-thirds having voted in favor, the motion is declared not adopted. 10: 12 P. M. Leslie H. York moves for a five minute recess which was declared lost, by voice vote. 10: 13 P. M. Article 19. Presented by Erik Lund. (Approved by Atty. Gen. MOTION: To amend the Zoning By-Law by striking out July 24, paragraph f. of- subsection 2. of Section 8, ( a) thereof 1967. under the caption AREA, FRONTAGE AND YARD REGULATIONS and Advertised by adding at the end of said Section 8 ( a) a new sub- Lex. Min-Man. section 6. to read as follows: August 10, 17 & 24, (As set forth in Article 19 of this meeting) . 1967.) 10:19 P. M. (See Pages Mr. Lund read the Planning Board Report. 10:20 P . M. 582-584 for motion as General discussion. adopted.) Martin Small moves that meeting be adjourned to Thursday, June 15, 1967 at 8 P. M. which was declared lost. 10:32 P .M. Article 19. Jack L. Mitchell moves to lay Article 19 on the table (Cont . ) which was declared carried by voice vote. 10:35 P . M. Article 20. Presented by Francis T. Worrell. MOTION : To amend the Zoning By-Law by striking out the figures "60,000" and "175" as they appear in paragraph a. of subsection 1. of Section 8 (k) under the caption CS Districts and by substituting in place thereof the figures "15,500" and "l25", respectively, so that said paragraph a. shall read as follows: a. A lot containing an area of not less than 15,500 square feet and a frontage of not less than 125 feet on the street designated as the frontage street. 10:36 P. M. Mr. Worrell reads the Planning Board Report on this article. 10:38 P . M. Main motion carried unanimously 10:39 P . M. Martin I. Small moves to take Article 19 from the table which was declared lost by voice vote. 10:40 P . M. Article 21. Presented by Francis T. Worrell. MOTION: To amend the Zoning By-Law as follows : A. By striking out the description of district 4 in subsection ( c) of Section 4 thereof under the caption C 1 - Local business districts and by inserting in place thereof the following: 4. A district on the northeasterly side of Bedford Street beginning at the intersection of said north- easterly line of Bedford Street and the southeasterly boundary of the land of Town of Lexington (Public Works Garage lot) thence northeasterly along said boundary 168 feet; thence southeasterly along the northeasterly boundary of lots 5, 4, 3, 2, 1 shown on plan recorded in Middlesex South District Registry of Deeds, Book 6826, Page 504, and along an extension of said boundary to the southeasterly boundary of land now or formerly of the Metropolitan Equipment and Service Company, Inc. a distance of 620 feet, more or less; thence south- westerly along said southeasterly boundary of land now or formerly of the Metropolitan Equipment and Service Company, Inc. a distance of 165 feet, more or less, to the northeasterly line of Bedford Street; thence along said line of Bedford Street northwesterly a distance of 635.8 fit, more or less, to the point of beginning. B. By adding a new Subsection (k) of Section 4 thereof to read as follows: (k) CS - Service and trade districts 1 . A_ district on the northeasterly side of Bedford Street beginning at the intersection of said north- easterly line of Bedford Street and the southerly line of the right of way of the Boston and Maine Rail- road Company; thence along said right of way of the Boston and Maine Railroad Company generally south- easterly a distance of 1,585 feet, more or less, thence southwesterly a distance of 1,030 feet, more or less, to a point in the southeasterly boundary of land now or formerly of the Metropolitan Equipment and Service Company, Inc. , said point being in line with the rear boundary of lots 5, 4, 3, 2, 1 as shown on plan recorded in Middlesex South District Registry of Deeds, Book 6826, Page 504, extended southeasterly; 0 , Article 21. thence along said extension and along the rear a ( Cont. ) boundary of said lots 5, 4, 3, 2, 1 northwesterly a distance of 620 feet, more or less; thence south- r'- westerly along land of the Town of Lexington (Public Works Garage lot) a distance of 168 feet to Bedford Street; thence northwesterly along the northeasterly line of Bedford Street a distance of 507 feet, more or less, to the point of beginning. 10:43 P . M. Mr. Worrell reads the Planning Board Report on this article. 10:50 P. M. Frank L. Stevens, Jr. speaks against the article. 11: 02 P. M. Mr. Walsh and Norman Connolly speak for the Knights of Columbus against the article. 11108 P. M. Sanborn C . Brown moves for indefinite postponement. 11: 08 P. M. After various speakers, Roland B. Greeley moves the previous question which was carried unanimously. 11: 13 P. M. Indefinite postponement of Article 21 declared carried unanimously. 11: 14 P. M. James F. Flynn moves that the meeting be adjourned to Thursday, June 15, 1967 at 8:15 P. M. Carried Unanimously 11: 15 P. M. C' '7)/1t • - e Town Clerk ADJOURNED TOWN MEETING HELD JUNE 15, 1967 Meeting called to order by the Moderator, Robert B. Kent at 8: 17 P. M. There were 170 Town Meeting Members present. Invocation offered by Rev. Harold T. Handley. 8:18 P. M. Article 22. Francis T. Worrell moves for indefinite postponement which was carried unanimously. 8:20 P. M. Article 23. Presented by Roland B. Greeley. (Approved by MOTION: To amend the Zoning By-Law by striking out para- Atty. Gen. graph 2. in subsection (g) of Section 4 thereof under July 24, the caption A 1 - Garden apartment districts. 1967. 8:20 P. M. Advertised Lexington Roland B. Greeley presents Report of the Planning Minute-Man Board and states that the Board is unanimously in August 10, favor of passage of this article. 17 & 24, 1967.) Main motion carried unanimously 8:20 P . M. Erik Lund moves that Article 19 be taken off the table which was carried by voice vote. 8:22 P. M. Article 19. Martin I. Small makes the following motion: I- move to amend the motion under Article 19: 1) by striking the words "For land outside the area described in paragraph b. of said subsection 1 of Section 8 ( a)-: " from subparagraph (2) of section d. 2) by striking the entire subparagraph ( 1) of Section d. and by renumbering the two succeeding subparagraphs from (2) and (3) to ( 1) and (2) . 8:24 P. M. Erik Lund speaks against the amendment. 8:32 P. M. Jules P. Sussman makes the following motion: I move to amend the amendment to the motion- under Article 19 by substituting therefor the following: I. By striking out from the first paragraph of the proposed new subsection 6. the words "area, frontage and yard" and by inserting in place thereof the words "area and frontage". II. By striking out paragraph d, , and subparagraphs ( 1) , (2) and (3) thereof, in said proposed new subsection 6. , and by inserting in place thereof the following paragraph d. : d. The following minimum standards shall be observed with respect to any reduction of street frontage or lot area permitted in a planned unit development: ( 1) Street frontage may be reduced to not less than 120 feet, and lot area may be reduced to not less than 20, 000 square feet. (2) Street frontage may be further reduced on curves in accordance with the provisions of subsection 7. of Section 8( g) of this By-Law. III. By striking out subparagraph (2) of paragraph e. of said proposed new subsection 6. , and by renumbering subparagraph ( 3) thereof as subparagraph (2) . 8:39 P. M. After general discussion, Temple E. Scanlon moves the previous question which was declared carried by voice vote. 8:53 P . M. Motion, as offered by Mr. Sussman, declared lost by voice vote. 8:53 P. M. Motion, as offered by Mr. Small, declared lost by voice vote. 8:53 P . M. Voice vote on Main motion, as offered by Erik Lund at the Special Town Meeting held June 12, 1967, not unanimous, so standing vote taken as follows : In Favor Tellers Opposed 12 Frank L. Stevens, Jr. 25 31 Alan S. Hodges 10 18 Paul B. West 27 16 Robert E. Meyer 1!� 77 76 Less than two-thirds having voted in favor, the motion declared not adopted. 8:55 P. M. Erik Lund moves for reconsideration of Article 19. 8:57 P . M. r f� The Moderator calls for a five minute recess. 8:58 P. M. Meeting called to order by the Moderator at 9 : 05 P . M. Reconsideration of Article 19 declared carried by voice vote. 9:10 P. M Article 19. Erik Lund makes the following motion: I move to amend the motion under Article 19 as follows : I . By striking out from the first paragraph of the proposed new subsection 6. the words "area, frontage and yard" and by inserting in place thereof the words "area and frontage". II. By striking out paragraph d., and subparagraphs ( 1) , (2) and (3) thereof, in said proposed new subsection 6. , and by inserting in place thereof the following paragraph d e : d. The following minimum standards shall be observed with respect to any reduction of street frontage or lot area permitted in a planned unit development: ( 1) Street frontage may be reduced to not less than 120 feet, and lot area may be reduced to not less than 20, 000 square feet. ( 2) Street frontage may be further reduced on curves in accordance with the provisions of subsection 7. of Section 8(g) of this By-Law. III. By striking out subparagraph (2) of paragraph e. of said proposed new subsection 6. , and by renumbering subparagraph (3) thereof as subparagraph (2) . 9:10 P ., M, ( The Moderator states that the Planning Board Report on this article was presented at the Special Town Meeting held June 12, 1967 - the first session of this meeting. ) The amendment, as offered by Mr. Lund, carried unanimously. 9: 16 P. M. Main motion offered by Mr. Lund as amended by Mr. Lund, as follows, declared carried unanimously. 9: 16 P. M. MOTION UNDER ARTICLE 19, AS AMENDED, PASSED AS FOLLOWS : (Approved MOTION: To amend the Zoning By-Law by striking out by Atty. paragraph f. of subsection 2. of Section 8( a) thereof General under the caption AREA., FRONTAGE AND YARD REGULATIONS July 24, 1967. and by adding at the end of said Section 8( a) a new Advertised subsection 6. to read as follows: Lexington Minute-Man 6. The Board of Appeals may grant a special permit for August 10, exceptions from the area and frontage provisions contained 17 & 24, in subsection 1. of this Section 8( a) for any tract of 1967. ) land of 10 acres or more to be subdivided, subject to the requirements and conditions described below. Subdivision of land in accordance with the provisions of this subsection shall be known and may be referred to as Planned Unit Development. a. The general objectives of planned unit developments are to encourage: ( 1) Preservation of open space for conservation, out- door recreation or park purposes; Article 19. ( 2) Better utilization of natural features of the (Cont. ) land through a greater flexibility of design; (3) More efficient provision of municipal services ; b. 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 and conforming to the area and frontage requirements specified in Section 6( a) 1. hereof, as could be contained in 85 per cent of the area of the tract to be subdivided. c. At least 25 per cent of the total area of such tract shall remain unsubdivided, and, except as provided below, unbuilt upon, and shall be used for con- -- servation, outdoor recreation or park purposes. ( 1) 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 by the Planning Board. ( 2) Such unsubdivided land shall be conveyed to and accepted by the Town of Lexington or to all home- owners within such tract jointly or to a trust the beneficiaries of which shall be the homeowners within such tract. Such trust shall have as one of its purposes the maintenance of such land for conservation, recreation or park purposes. 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. ( 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 maintenance as conservation, recreation or park land. (4) Access at least 40 feet wide shall be provided to each parcel of such unsubdivided land from one or more streets in the subdivision. (5) A maximum of 20 per cent of such open land 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. d. The following minimum standards shall be observed with respect to any reduction of street frontage or lot area permitted in a planned unit development: (1) Street frontage may be reduced to not less than 120 feet, and lot area may be reduced to not less than 20, 000 square feet. (2) Street frontage may be further reduced on curves in accordance with the provisions of subsection 7. of Section 6(g) of this By-Law. e. The petition for a special permit for a planned unit developnent shall be accompanied by a pre- liminary subdivision plan, 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 planned unit development shall show the following: ( 1) Soil culture of the land such as wooded, pasture, --Irock outcrops or swampy. (2) Proposed landscaping and use of land which is to be reserved for conservation, recreation or park use, including any proposed structures thereon. Rr-M '(i n r Apr nell .4 1 prir c,ftti •4 1("11«1,11 ri LInnix Article 19. f. The Planning Board shall submit in writing to the (Cont. ) Board of Appeals its report and recommendations as to said petition for special permit, to include the following: ( 1) Its determination as to the number of lots usable for building. ( 2) A general description of the tract in question and surrounding areas. (3) An evaluation of the appropriateness of the proposed development and the extent to which it accomplishes the objectives of planned unit development. (4) 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. g. The Board of Appeals shall not take any action on a petition for a permit for a planned unit 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 special permit. In determining whether to grant a special permit for a proposed planned unit develop- ment which meets the minimum -standards stated herein, the Board of Appeals shall consider: ( 1) The report and recommendations of the Planning Board. ( 2) The general objectives of planned unit development. (3) The existing and probable future development of surrounding areas. (4) The appropriateness of theproposeddevelopment in relation to topography, soils and other characteristics of the tract in question. h. Where its decision differs from the recommendations of the.Planning Board, the Board of Appeals shall state in its decision the reasons therefor. i. Nothing contained herein shall in any way exempt a proposed subdivision 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, with or without conditionsandmodifications, or disapprove a subdivision plan in accordance with the provisions of such Rules and Regulations and of the Subdivision Control Law. j. 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 inconsistant with the purposes of planned unit devel- opment . 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.. k. Subsequent to a special permit granted by the Board of Appeals under the provisions of this subsection 6, and the approval of a definitive plan of a sub- division 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 provisions of other laws and regulations but 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 9: 16 P. M. ) f7: Article 24. Presented by -Erik Lund. MOTION: To amend the Zoning By-Law by striking out the words "The foregoing provisions in Section 8(a) l. as to area, frontage and side yards only shall not apply to the following: " as they appear at the beginning of paragraph ( a) 2. of Section 8 thereof and subparagraphs a. , b. , c. , d. and e. thereunder and by inserting in place thereof the following paragraph ( a)2. and sub- paragraphs a. , b. , c. , d. and e: 2. The foregoing provisions of Section 8( a) 1. as to area, frontage and side yards only shall not apply to any lot lawfully laid out by plan or deed duly recorded, orV shown on a plan endorsed by the Planning Board as not requiring approval under the Subdivision Control Law, for a period of five years from the date of such recording or endorsement, whichever is earlier, provided such lot has an area of at least 5,000 square feet and a street frontage of at least 50 feet, and provided that at the time of such recording or en- dorsement such lot complied with the area and frontage requirements of this By-Law in effect at the time of such recording or endorsement, nor shall said provisions of Section 8(a) 1. as to area, frontage and side yards apply to the following: a. Any lot lawfully laid out and recorded by plan or deed prior toV March 18, 1929, provided such lot contains an area of at least 5,000 square feet and a street frontage of at least 50 feet, and provided further that if such lot has a frontage of less than 100 feet or an area of less than 10,000 square feet and at any time on or after June 15, 1967 is held in common ownership with one or more contiguous vacant lots, all having frontage upon a common street, said provisions as to area, frontage and side yards shall apply to the extent that it is possible by combining such lots. b. Any lot lawfully laid out and recorded by plan or deed on or after March 18, 1929 and prior to August 8, 1938, provided such lot contains an area of at least 7,500 square feet and a street frontage of at least 75 feet, and provided further that if such lot has a frontage of less than 100 feet or an area of less than 10,000 square feet and at any time on or after June 15, 1967 is held in common ownership with one or more contiguous vacant lots, all having frontage upon a common street, said provisions as to area, frontage and side yards shall apply to the extent that it is possible by combining such lots. c. Any lot lawfully laid out and recorded by plan or deed on or after August V8, 1938V and prior to December 4 1950, provided such lot contains an area of at least 12,500 square feet and a street frontage of at least 100 feet. d. Any lot situated outside the area described in Section 8( a)l.b lawfully laid out and recorded by plan or deed on or after December 4, 1950 and prior to November 30, 1953, provided such lot con- tains an area of at least 15,500 square feet and a street frontage of at least 125 feet. e. For any lot lawfully laid out and recorded by plan or deed, provided such lot complied with area and frontage requirements in effect at the time of such recording and has an area of at least 5, 000 square feet and a frontage of at least 50 feet on a public way or a way shown on a plan approved under the Subdivision Control Law, the Board of Appeals may grant a special permit for an exception to the 000 Article 24. provisions of Section 8( a) l. as to area and frontage only, (Cont. ) where a substantial area in the vicinity of such lot has been developed and built upon and the residences in such area have been constructed on lots generally having no more area and frontage than such lot, and where substantial financial hardship as to the owner of such lot would result from the requirement of larger area and frontage than generally prevail in the area. Notwith- standing the granting of such permit, the side yard requirements set forth in Section 8(a) 3. shall be applicable. 9:22 P. M. Mr. Lund submits the Report of the Planning Board and states the Board is unanimously in favor of passage of this article. 9:23 P. M. After general discussion, Joseph O. Rooney moves the previous question which was carried by voice vote. 9:43 P . M. Voice vote on main motion not unanimous, so standing vote taken as follows : In Favor Tellers Opposed 36 Alan S. Hodges 3 29 Paul B. West 20 19 Frank L. Stevens, Jr. 18 17 Robert E. Meyer 1h 101 55 Less than two-thirds having voted in favor, the motion is not adopted. 9:47 P . M. Article 25. Presented by Robert H. Kingston. MOTION: That the Selectmen be and they hereby are auth- orized to construct a bituminous concrete or other side- walk within the location of Concord Avenue from the westerly terminus of Benjamin Roa. to Waltham Street, including related work as required, where the abutting owner pays one-half the cost, or otherwise; and to raise and appropriate therefor the sum of $20,000.00. 9:L7 P . M. Francis T. Worrell reads a policy statement on sidewalks by the Planning Board. 9:56 P . M. Frank T. Parrish, Jr. , speaks for the Appropriation Committee against the motion. 10 P . M. Hugh M. Chapin speaks for the Capital Expenditures Committee against the article and moves for indefinite postponement. 10: 01 P . M. After general discussion, Frank T. Samuel, Jr. moves the previous question which was declared carried by voice vot . 10: 08 P . M. Indefinite postponement declared carried by voice vote. 10: 08 P . M. Article 26. Presented by Lincoln P . Cole, Jr. MOTION: To establish as a town way and accept the lay- out of as a town way, Laconia Street from Lowell Street a distance of 1150 feet, more or less, southerly and easterly, as laid out by the Selectmen under the Better- ment Act and shown upon a plan on file in the office of the Town Clerk, dated January 11, 1967, and to authorize the Selectmen to take by eminent domain, purchase or Article 26. otherwise acquire any fee, easement or other interest ( Cont. ) in land necessary therefor; and to raise and appropriate the sum of E323, 000.00 for the construction of said street and for land acquisition. 10: 10 P. M. Roland B. Greeley states that the Planning Board is unanimously in favor of this article . Jules P. Sussman gives notice of reconsideration of Article 2L . 10:13 P. M. Allen Lee Whitman, Jr. gives notice of reconsideration of Article 25. 10: 13 P . M. Article 26. General discussion. (Cont. ) Hugh M. Chapin of the Capital Expenditures Committee moves that this article be indefinitely postponed. 10:28 P . M. Frank T. Parrish, Jr. states that the Appropriation Committee is in favor of the main motion. 10:29 P . M. Charles F. Gallagher, Jr. moves the previous question which was declared carried by voice vote. 10:32 P . M. Indefinite postponement declared lost by voice vote. 10:32 P . M. Main motion declared carried by voice vote. 10:34 P. M. Article 27. Presented by Leslie H. York. (Approved MOTION: To amend the Zoning By-Law of the Town of Lex- by Attorney ington, Section L ( j ) C L --Small office districts, by General adding at the end the following paragraph: July 24, I I 1967. A district on the Northerly side of Worthen Road bounded Advertised and described as follows : SOUTHEASTERLY by Worthen Road Lexington by five courses measuring respectively, twenty-five (25) Minute-Man feet, one hundred eleven and 63/100 ( 111.63) feet, three August 10, hundred forty-eight and 26/100 ( 348.26) feet, one hundred 17 & 24, nineteen and 2/100 ( 119.02) feet, and ninety-two and 1967. ) 97/100 ( 92.97) feet; NORTHEASTERLY by land now or formerly of First National Stores, Inc. , and Custance Brothers, Inc. four hundred seventy-six and 82/100 (L76.82) feet; NORTkWESTERLY by land of Town of Lexington, Lexington Housing Authority, eight hundred fifty-seven and 98/100 ( 857.98) feet; SOUTHWESTERLY by land of Arthur C . and Florence B. Ruge, three hundred thirty-seven and 93/100 ( 337.93) feet; NORTHWESTERLY by land of said Arthur C . and Florence B. Ruge, twenty-five (25) feet; and SOUTH- WESTERLY by land of Grace Chapel, Inc. , four hundred fifty (L50) feet, more or less, to the point of beginning. 10: 36 P. M. Mr. York asks for permission for Harold E. Stevens to speak on this article. Permission granted. 10: 37 P . M. Mr. Stevens gives explanation. 10:52 P . M. Roland B. Greeley states that the Planning Board recommends passage of this article by four to one and files the Report of the Planning Board. 10:53 P . M. Francis T. Worrell presents the minority report of the Planning Board. 10:54 P . M. After general discussion, Edwin A. Bennett moves the previous question which was carried unanimously. 11:15 P. M. Article 27. Standing vote taken on main motion as follows : (Cont. ) In Favor Tellers Opposed 33 Alan S . Hodges 5 35 Paul B. -Wrest 10 33 - - Frank L. Stevens, Jr. - 4 19 Robert E. Meyer 12 120 31 More than two-thirds having voted in favor, the motion is declared adopted. 11:17 P . M. • • Article 28 . Presented by Roland B. Greeley. (Approved MOTION: To amend the Zoning By-Law by adding in para- by Attorney graph 2 of subsection ( j) of Section 5 thereof under General the captions C 4 Districts the following new sub- July 24, paragraph d. : 1967. Advertised d. Funeral homes . Lexington 11:18 P . M. Minute-Man August 10, Mr. Greeley states that the Planning Board is unanimously 17 & 24, in favor of passage of- this article and files the report 1967. ) of the Planning Board. Carried Unanimously 11:18 P . M. Article 29. Presented by Norman J. Richards . (Approved by Attorney MOTION: To amend the Zoning By-Law by adding at the General end of Section 4(b) under the caption R 2 - Two- family July 24, dwelling districts the following new district: 1967. Advertised 5. A district on the southwesterly side of Massachusetts Lexington Avenue extending from the westerly line of Oak Street Minute-Man to the easterly line of Pleasant Street and for a depth August 10, of 100 feet throughout. 17 & 24, 11:20 P. M. 1967.) Natalie H. Riffin states that the Planning Board is 7 unanimously in favor of this article and files the Report of the Planning Board. ••-•-: Carried Unanimously 11:24 P . M. Article 30. Presented by Robert E. Meyer. MOTION: To amend the Zoning By-Law so as to change :certain land from an R 1-One Family Dwelling District (Approved to a CN-Neighborhood Business District, by adding in by Attorney Section )4, Geographical Descriptions of Districts, at General the end -of paragraph 1 in subdivision ( 1) CN-Neigh- July 24, borhood Business Districts, the following additional 1967. description: Advertised Lexington This district shall also include the land on the Minute-Man northerly side of North Hancock Street commencing at August 10, the point of beginning of the land described in the 17 & 24, preceding paragraph; thence northerly along the easterly 1967. ) boundary of said land described in the preceding para- graph a distance of 108.96 feet to the Lot 12 referred to in said preceding paragraph; thence easterly along the - southerly lot line of said Lot 12 and then continuing on the same course a total distance of 29 feet, more or less, to a point; thence southerly in a straight line, running in part along the westerly • boundary of the lot shown on plan entitled "Land On North Hancock St. Lexington Belonging To Heirs Of - Olive J. Smith" recorded in said Registry of Deeds in Book 3214, End, a distance of 119 feet, more or less, to a point in the northerly sideline of North Hancock Article 30. Street; and thence westerly along the northerly (Cont. ) sideline of North Hancock Street a distance of 42 feet, more or less, to the point of beginning. 11:25 P . M. Mr. Meyer asks for permission for Harold E. Stevens to speak on this article. Permission granted. 11:26 P. M. Mr. Stevens gives explanation. 11:35 P . M. Natalie H. Riffin states that the Planning Board is unanimously in favor of this article and files the Report of the Planning Board. 11:36 P . M. After general discussion., J. Keith Butters moves the previous question which was declared carried unanimously. 11:46 P. M. Voice vote on main motion not unanimous, so standing vote taken as follows : In Favor Tellers Opposed 31 Alan S. Hodges 7 34 Paul B. West 11 26 Frank L. Stevens, Jr. 4 19 Stephen T. Russian 6 110 28 More than two-thirds having voted in favor, the motion is declared adopted. 11:48 P. M. Article 31. Presented by Paul B. West. MOTION: To amend the Zoning By-Law of the Town of Lex- ington, Section 4 (h) C-3 - Special Commercial Districts, by adding the following at the end of said Section: °1A district on the Southerly side of the Cambridge Concord Highway ( Route 2) , bounded and described as follows : SOUTHWESTERLY by land now or formerly of Lexington In- vestment Trust by four courses measuring respectively, one hundred sixty-three ( 163) feet, one hundred fifty- five ( 155) feet, three hundred sixty-three (363) feet, and three hundred nineteen (319) feet; thence by the Northern Circumferential Highway and the Cambridge Concord Highway by six courses measuring respectively, NORTH- WESTERLY, twenty-two (22) feet; NORThEASTERLY, three hundred seventeen and 9/10 (317.9) feet, NORTHEASTERLY, ninety-nine ( 99) feet and three hundred sixty and 8/10 (360.8) feet; NORTHWESTERLY, thirty-three ( 33) feet; and NORTHEASTERLY, three hundred fifty-six and 5/10 ( 356.5) feet; thence EASTERLY by Spring Street by two courses measuring respectively, one 'h_unc'red forty-two and 5/10 ( 142.5) and one hundred fifty ( 150) feet; and SOUTHERLY, five hundred fifty-four (554) feat to the point of beginnings' 11:50 P. M. Frederick Conroy is recognized and speaks on this article. 11:58 P. M. Erik Lund states that the Planning Board is unanimously opposed to this article and files the Report of the Planning Board. 11:59 P. M. After various speakers, Anne G. Fisher moves the previous question which was declared carried unanimously. 12: 06 A. M. Main motion declared lost by voice vote. 12:08 A. M. Lincoln P. Cole, Jr. moves that the meeting be dissolved. Carried Unanimously 12: 08 A. M. .3,w / � x� 4-1,u(;-w,41, Town Clerk ,r v