HomeMy WebLinkAboutZoning By-Law-Art 10-bylaw•
ZONING BY - LAW
of the
TOWN OF LEXINGTON, MASS.
•
Being a re-enactment and continuance of the Zoning By-Law
as adopted at the Adjourned Town Meeting on March 17, 1924,
approved by the Attorney General on April 8, 1924 and pub-
lished on April 18, 25 and May 2, 1924 as amended:
adopted at an Adjourned Town Meeting on December 4, 1950,
approved by the Attorney General on February 23, 1951 and
published in the Lexington Minute-Man on April 26, May 3
and May 19, 1951, as it has since been altered by amend-
ments and additions duly adopted at Town Meetings, approved
by the Attorney General and published.
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INDEX - ZONING BY-LAW OF THE TOWN OF LEXINGTON
PART 1. ADMINISTRATION AND PROCEDURE Page
Section 10. Purpose and Zoning Map 1
11. Enforcement by Building Inspector 1
11.1 Penalty for Violation 1
11.2 Building Permit 2
11.3 Occupancy Permits 2
12. Board of Anneals 2
12.1 Appeals 2
12.2 Special Permits 2
12.3 Variances 2
13. Site Plan Review (Finding and Determination) 3
13.1 Application 3
13.2 Planning Board Report 3
13.3 Public Hearing 3
13.4 Compliance with Finding and Determination 4
13.5 Extension of Time 4
13.6 Written Report 4
13.7 Failure to Act 4
14. Amendments to Zoning By-Law 4
14.1 Petition and Public Hearing 4
14.2 Notice of Hearing 5
14.3 Amendment of Zoning Map 5
15. Validity 5
16. Other By-Laws 5
17. Forbidden if Not Permitted 5
18. Continuity of By-Law 5
PART 2. USE AND INTENSITY REGULATIONS
20. Districts Defined 6
20.1 Residence Districts 6
20.2 Commercial and Industrial Districts 6
21. Descriptions Govern 6
22. Descriptions of Residence Districts 6
22.1 RO - One Family Districts, 30,000 sq.ft. 6
22.2 RS - One Family Districts, 15,500 sq.ft. 6
22.3 RT - Two Family Districts 7
22.4 RM - Multifamily (garden apartment) districts 7
23. Description of Commercial and Industrial Districts 9
23.1 CR - Office and Research Park Districts 9
23.2 CH - Hotel, Office and Research Park Districts 12
23.3 CM - Manufacturing and Research Park Districts 12
23.4 CO - Office Districts 13
23.5 CS - Service and Trade Districts 13
23.6 CN - Neighborhood Business Districts 14
23.7 CG - General Business Districts 15
23.9 CB - Central Business Districts 18
Page
Section 24. Permitted Land Uses 20
24.1 More Specific Classification Governs 20
24.2 Principal and Accessory Uses
24.3 Unlisted Accessory Uses 2121
24.4 Apartments in CB Districts 21
25. Use Regulations Schedule 22
26. Dimensional Controls 26
26.1 No Lot Reduction Below Minimum 26
26.2 Civil Defense Shelters 26
26.3 Residence Uses in Commercial Districts 26
26.4 Symbols and Abbreviations 26
26.5 Exemption for Small Previously Recorded Lots 26
Ir 26.6 Lots Partly in Lexington 28
27. Schedule of Dimensional Controls 29
PART 3. GENERAL REGULATIONS
30. Non-Conforming Uses 30
30.1 May Be Continued 30
30.2 May Be Repaired 30
30.3 May Not Be Extended or Enlarged 30
30.4 No Reversion to Non-Conforming Use 30
30.5 Abandonment of Non-Conforming Use 30
31. Parking and Loading Regulations 30
31.1 Required Parking and Loading Facilities 30
31.2 Dimensional Restrictions on Parking and Loading 31
31.3 Explanation of Symbols and Abbreviations 31
32. Schedule of Parking and Loading Regulations 31
32.1 Schedule of Required Parking and Loading 32
32.2 Schedule of Dimensional Restrictions of Parking & Loading 33
33. Planned Unit Development 34
33.1 Objectives 34
33.2 Number of Building Lots Permitted 34
33.3 Portion to Remain Unsubdivided 34
33.4 Frontage and Area Reductions 35
33.5 Application for Special Permit 35
33.6 Planning Board Recommendations 35
33.7 Board of Appeals Action 35
34. Sign Regulations 36
I
35. Accessory Signs
37
35.1 Residential Identification 37
( " 35.2 Permitted Use Identification 37
35.3 Real Estate Signs 37
35.4 Real Estate Subdivision Signs 37
35.5 Accessory Signs on Special Permit 37
PART 4. DEFINITIONS
40. Definitions (alphabetically) 38
APPENDIX - YARD DEFINITIONS
-
PART I. ADMINISTRATION AND PROCEDURE
SECTION 10. For the purposes set forth in General Laws, Chapter Purpose
40A, Sections 1 to 22 inclusive, and all acts in amendment thereof
and in addition thereto, and under the authority thereof and of
General Laws, Chapter 143, and any other enabling laws, the inspec-
tion, materials, construction, alteration, repair, height, number
of stories, area, size, location and the use of buildings and
structures, the size of lots, yards, courts, and other open spaces,
and the use of land in the Town of Lexington are hereby regulated
as herein provided, and the Town is divided into districts, as
hereinafter defined and as shown on the Zoning Map prepared by the
Planning Board, a copy of which is filed with the Town Clerk,
which map as filed and as from time to time revised to conform to Zoning Map
amendments of the Zoning By-Law is hereby made a part of this By-
( Law. The Zoning Map may be revised from time to time by the Plan-
ping Board by addition, deletion, or relocation of streets and
other geographical features required to keep the map reasonably
current and to facilitate orientation, but such revisions shall in
no way affect or change the location and boundaries of zoning dis-
tricts as defined in this By-Law, as amended from time to time.
SECTION 11. The Building Inspector appointed under the provisions Enforcement
of the Building By-Laws of the Town of Lexington is hereby desig- by Building
nated and authorized as the officer charged with the enforcement Inspector
of this By-Law.
If the Building Inspector is informed or has reason to
believe that any provision of this By-Law is being violated, he
shall make or cause to be made an investigation of the facts and
inspect the property where such violation may exist.
If upon such investigation and inspection he finds evidence
of such violation, he shall give notice thereof in writing to the
owner and occupant of said premises and demand that such violation
be abated within such time as the Building Inspector deems reason-
able. Such notice and demand may be given by mail, addressed to
the owner at his address as it then appears on the records of the
Board of Assessors of the Town and to the occupant at the address
n) of the premises.
(
If after such notice and demand the violation has not been
abated within the time specified therein, the Building Inspector
shall institute appropriate action or proceedings in the name of
the Town of Lexington to prevent, correct, restrain or abate such
violation of this By-Law.
11.1 Whoever violates any provision of this By-Law shall Penalty for
be punished by a fine not exceeding Fifty Dollars ($50.00) for each Violation
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.
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Building 11.2 No building shall be erected, moved, added to or
Permits structurally altered without a building permit issued by the
Required Building Inspector. Applications for building permits shall be
submitted to the Building Inspector, accompanied by a plot plan
in duplicate prepared by a registered Massachusetts land surveyor
and containing all information necessary to determine that the
proposed building complies with the provisions of this By-Law.
The Building Inspector shall not issue a building permit for any
building which would not conform to the provisions of this By-Law.
Occupancy 11.3 No building erected, altered or in any way changed
Permit as to construction or use under a permit or otherwise shall be
occupied or used without an occupancy permit signed by the Build-
ing Inspector which permit shall not be issued until the build-
ing and uses and accessory uses comply in all respects with the
provisions of this By-Law and adequate means of sewage disposal
have been provided.
Board of SECTION 12. There shall be a Board of Appeals of five members
Appeals appointed by the Selectmen for five year terms. The Selectmen
shall also appoint six associate members of the Board of Appeals.
The appointment, service and removal or replacement of members
and associate members and other actions--of the Board of Appeals
shall be as provided for in the General Laws, Chapter 40A. The
Board of Appeals in existence up to the date of the adoption of
this Section shall continue in office for the balance of terms
for which originally appointed.
Powers of The Board of Appeals shall have and exercise all the
the Board powers granted to it by said Chapter 40A and this Zoning By-Law.
of Appeals These powers comprise the following:
Appeals 12.1 Appeals - To hear and decide appeals taken by any
person aggrieved by reason of his inability to obtain a permit
from any administrative official under the provisions of Chapter
40A, General Laws, or by any officer or board of the Town, or by
any person aggrieved by any order or decision of the Inspector of
Buildings or other administrative official in violation of any
provision of Chapter 4OA, General Laws, or of this By-Law. Such
appeal shall be taken within 30 days from the date of the order
or decision being appealed, by filing a notice of appeal, speci-
fying the grounds therefor, with the Town Clerk.
Special 12.2 Special Permits - To hear and decide applications
Permits for special permits for exceptions as provided in this By-Law,
subject to any general or specific rules therein contained, and
subject to appropriate conditions or safeguards imposed by the
Board of Appeals.
Variances 12.3 Variances - To authorize upon appeal, or upon peti-
tion in cases where a particular use is sought for which no permit
is required, with respect to a particular parcel of land or to an
existing building thereon a variance from the terms of this By-Law
where, owing to conditions specially affecting such parcel or such
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building but not affecting generally the zoning district in which
it is located, a literal enforcement of the provisions of this
By-Law would involve substantial hardship, financial or otherwise,
to the appellant, and where desirable relief may be granted with-
out substantial detriment to the public good and without nulli-
fying or substantially derogating from the intent or purpose of
this By-Law, but not otherwise.
SECTION 13. Site plan review by the Board of Appeals is required Site
prior to approval of an application for a special permit in certain Review
cases specified in Section 25 (designated "SPS" in the Use Regula-
tion Schedule) . In such cases, a special permit shall be issued
only if the Board of Appeals makes a finding and de U.rmination
that the proposed placement of buildings, major topographic changes,
provisions for waste disposal, surface and ground water drainage,
erosion control, parking areas, loading areas, maneuvering areas,
driveways, and the location of intersections of driveways and
streets will constitute a suitable development and will not result
( 4 in substantial detriment to the neighborhood.
13.1 A person applying for a special permit under this Contents of
section shall file with the Board of Appeals three copies each of Application
an application and a preliminary site plan. Such application and
site plan shall include the elements on which the Board of Appeals
is to make a finding and determination, as provided in Section 13,
and shall also include information as to the nature and extent of
the proposed use of the buildings, and such further information in
respect to such elements and use as the Board shall reasonably
require.
13.2 The Board of Appeals shall within three days (Satur- Planning
days, Sundays and holidays excluded) of receipt of them transmit Board Report
to the Planning Board two copies of the above application and site
plan. The Planning Board shall consider the same and submit a
final report thereon with recommendations to the Board of Appeals.
The Board of Appeals shall not make a finding and determination
upon an application until it has received the final report of the
Planning Board thereon or until thirty days shall have elapsed
since the transmittal of said copies of the application and site
plan to the Planning Board without such report being submitted.
13.3 The Board of Appeals shall hold a public hearing, and, Public
except as hereinafter provided, shall take final action on an appli- Hearing
cation within forty-five days after the filing of such application
o,) with said Board of Appeals.
Such final action shall consist of either (1) a finding and Finding and
determination that the proposed construction, reconstruction, sub- Determina-
stantial exterior alteration, or addition will constitute a suit- tion
able development and will not result in substantial detriment to Reasons and
the neighborhood, or (2) a written denial of the application for Conditions
such finding and determination, stating the reasons for such
denial, which reasons shall include a statement of the respect in
which any elements in and particular features of the proposal are
deemed by the Board to be inadequate, unsuitable or detrimental to
the neighborhood. A finding and determination may be made subject
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to such reasonable conditions, modifications and restrictions set
forth therein as the Board may deem necessary to insure that the
proposed construction, reconstruction, substantial exterior alter-
ation, or addition will constitute a suitable development and will
not result in substantial detriment to the neighborhood.
Compliance 13.4 In the event that the Board of Appeals approves a
with Find- Special Permit under these provisions, any construction, recon-
ing and struction, substantial exterior alteration, or addition shall be
Determination carried on only in conformity with any conditions, modifications
and restrictions to which the Board shall have made its finding
and determination subject, and only in essential conformity with
the application and the site plan on the basis of which the finding
and determination are made.
Extension of 13.5 The period within which final action shall be taken
Time for may be extended for a definite period by mutual consent of the
Finding and Board of Appeals and the applicant. In the event the Board deter-
Determination mines that the site plan and evidence presented to it at the
public hearing are inadequate to permit the Board to make a find-
ing and determination, it may, in its discretion, instead of deny-
ing the application, adjourn the hearing to a later date to permit
the applicant to submit a revised site plan and further evidence,
provided, however, that such adjournment shall not extend the
forty-five day period within which final action shall be taken by
the Board, unless said period is extended to a day certain by
mutual consent.
Written 13.6 The Board of Appeals shall file with its records a
Report written report of its final action on each application, with its
reasons therefor.
Failure 13.7 In the event the Board of Appeals shall fail to
to Act take final action on an application within forty-five days after
the filing with the board of an application for a finding and
determination, or within such extended period as shall have been
mutually agreed upon as herein provided, then upon the expiration
of said forty-five day or extended period, said Board shall be
deemed to have found and determined that the proposed construction,
reconstruction, substantial external alteration, or addition will
constitute a suitable development and will not result in substan-
tial detriment to the neighborhood.
Amendments, SECTION 14. No amendment to this By-Law shall be adopted until
Public Hear- after the Planning Board has held a public hearing thereon and has
ing and submitted a final report with its recommendations to an Annual or
Report Special Town Meeting or until twenty days shall have elapsed after
such hearing without the submission of such a report.
Amendment - 14.1 The Planning Board shall hold such a public hearing
Public Hear- on a proposed amendment when requested so to do by a vote of the
ing on Town, by a petition signed by not less than 100 registered voters
Petition of the Town or by a petition signed by the owners of 50% in valua-
tion of the property designated or accepted by the Planning Board
as affected by any such proposed amendment. Such a hearing may
be held by the Planning Board at any time on its own initiative.
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14.2 Notice stating the time, place and purpose of said Amendment -
hearing shall be given by publication in a local newspaper at Notice of
least fourteen days before said hearing and, unless in the opinion
Public
of the Planning Board the proposed amendment is one of wide appli- Hearing
cation in the Town, by mailing a copy of said notice to the owners
of all property deemed by said Board to be affected thereby as
they appear on the most recent local tax list at least seven days
before said hearing.
14.3 Any change in the location or boundaries of a zoning Amendment of
district made through the amendment of this By-Law shall be indi-
' Zoning Map
cated by the alteration of the aforesaid Zoning Map, and the Map
thus altered is declared to be a part of this By-Law thus amended.
Any failure to alter or delay in altering the Map shall not post-
pone or otherwise affect the effectiveness of any amendment.
SECTION 15. The invalidity of any section or provision of this Validity
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By-Law shall not invalidate any other section or provision hereof.
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SECTION 16. Where this By-Law imposes a greater restriction upon Other
the use of land or the use or erection of buildings in the Town By-Laws
than is imposed by other By-Laws of the Town, the provisions of this
By-Law shall control.
SECTION 17. Any building or use of premises not herein expressly Forbidden if
permitted is hereby expressly forbidden. Not Permitted
SECTION 18. This By-Law shall be deemed to constitute a re-enact,- Continuity
ment and continuance of the provisions of the Zoning By-Law in of By-Law
effect when it was adopted except so far as it contains changes in
wording or arrangement which unequivocally constitute changes in
meaning.
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PART 2. USE AND INTENSITY REGULATIONS
Districts Section 20. The Town of Lexington is hereby divided into districts
Defined designated as follows:
20.1 Residence Districts:
RO - One family dwelling districts, (30,000 sq.ft.)
RS - One family dwelling districts, (15,500 sq.ft .)
RT - Two family dwelling districts
RM - Multi-family (garden apartment) dwelling
districts
20.2 Commercial and Industrial Districts:
CR - Office and research park districts
CH - Hotel, office and research park district
CM - Manufacturing and research park district
CO - Office districts
CS - Service and trade districts
CN - Neighborhood business districts
CG - General business districts
CB - Central business districts
Section 21. In the event of any discrepancy between the boundaries
Descriptions of the districts as shown on the Zoning Map and as hereafter de-
scribed, the descriptions set forth in this section shall govern.
Geographical Section 22. Geographical descriptions of residence districts.
Descriptions
RO Description 22-1 RO - one family dwelling districts include every
part of the Town not hereinafter specifically designated or not
shown upon the Zoning Map as a district other than an RO district.
RS Description 22.2_1(S - one family dwelling district includes the land
within the area bounded and described as follows and not herein-
after designated or shown upon the Zoning Map as a district other
than an RS district:
beginning at the Arlington-Lexington town line, thence along the
Cambridge-Concord Highway to Wellington Lane Avenue, thence along
Wellington Lane Avenue to Meadow Brook Avenue, thence along
Meadow Brook Avenue to Moreland Avenue, thence along Moreland
Avenue to a point opposite the southeasterly end of Buckman Drive,
thence to the southeasterly end of Buckman Drive and along Buck-
man Drive to Locust Avenue, thence along Locust Avenue to Follen
Road, thence along Follen Road to Marrett Road, thence along Marrett
Road to Stedman Road, thence along Stedman Road to Brookside Avenue,
thence along Brookside Avenue to Waltham Street, thence along
Waltham Street to Bridge Street, thence along Bridge Street to
Payson Street,thence along Payson Street to Grassland Street, thence
along Grassland Street to Winston Road, thence along Winston Road
to Hudson Road, thence along Hudson Road to Marlboro Road, thence
along Marlboro Road to Woodcliffe Road, thence along Woodcliffe
Road to Spring Street, thence along Spring Street to Shade Street,
thence along Shade Street to Weston Street, thence along Weston
Street to Lincoln Street, thence along Lincoln Street to the
Northern Circumferential Highway to Grove Street, thence along
Grove Street to Burlington Street, thence along Burlington Street
to Hancock Street, thence along Hancock Street to Coolidge Avenue,
thence along Coolidge Avenue to Adams Street, thence along Adams
Street to Woodland Road, thence along Woodland Road to Colony Road,
thence along Colony Road to Grant Street, thence along Grant Street
to Hayes Lane, thence along Hayes Lane to Woburn Street at the
Boston and Maine Railroad, thence along the Boston and Maine Rail-
road to the northwesterly line of the private way leading to the
East Lexington Depot, thence in a straight line to the southwesterly
end of Bartlett Avenue at Monroe Brook, thence along Bartlett Avenue
to Lowell Street, thence along Lowell Street to Summer Street, thence
along Summer Street to the Arlington-Lexington town line, thence
along the Arlington-Lexington town line to the point of beginning.
RT Districts
22.3 RT - two family dwelling districts include the land
described as follows: Description
22.31 A district on the southwesterly side of Massachu-
setts Avenue extending from a line westerly of and distant 100 feet
from the westerly line of Sylvia Street to a line easterly of and
distant 100 feet from the easterly line of Charles Street and for a
depth of 100 feet throughout.
22.32 A district on the southwesterly side of Massachu-
_
setts Avenue extending from the westerly line of Lisbeth Street to the
southeasterly line of Plainfield Street and for a depth of 100 feet
throughout with the exception of a business district designated
therein.
22.33 A district between the northeasterly line of
Massachusetts Avenue and the railroad right-of-way extending from the
northwesterly line of the private way leading to the East Lexington
Depot to a line southeasterly of and distant 100 feet from the south-
easterly line of Maple Street with the exception of a business dis-
trict designated as located therein.
22.4 RM - multi-family dwelling districts include the land RM Districts
described as follows: Description
22.41 A district bounded on the southwest by Massa-
chusetts Avenue, on the north by Woburn Street, on the northeast by
the Boston and Maine Railroad right-of-way and on the southeast by
Muzzey Junior High School loE.
22.42 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 Realty Trust and thence run-
ning northerly along the easterly side line of Waltham Street eight
hundred fifty (850) feet to a point; thence turning at right angles
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to said easterly side line 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 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.
There is excepted from the foregoing, however, the land
situated northerly of Worthen Road as shown on plan entitled "Vine
Brook Meadows Section Two Lexington, Mass." dated June 12, 1960,
Albert A. Miller-Wilbur C. Nylander, Civil Engineers and Surveyors,
recorded in Middlesex South District Registry of Deeds as Plan No.
209 of 1961, Book 9762, Page 142 and filed in the Land Registration
Office as Plan No. 27677 D.
22.43 A district on the southeasterly side of Maple
Street beginning at a point on the southeasterly side line of said
Street at the intersection of land of Robert Chapman and the Town
of Arlington, thence running southeasterly by land of the Town of
Arlington 743.7 feet, more or less, to a point; thence turning at
an angle and running easterly by land of the Town of Arlington 367
feet, more or leas, to a point at a brook; thence turning at an
angle and continuing easterly by land of the Town of Arlington
307.7 feet more or less, to a point at the intersection of land of
the Town of Arlington, land now or formerly of Lexwood Poultry Farms,
Inc. , and land now or formerly of Harry D. Hull; thence turning at
an angle and continuing easterly by land now or formerly of Harry D.
Hull 300 f.tet, more Or l,;ss, to a point:; thence turning at an angle
and running northerly by :land of Lexwood Poultry Farms, Inn, 130
feet, more ox loss, to a point; thence turning at right angles and
running westerly by the .land of said Lexwood Poultry Farms, Inc. 580
feet, more or less, to a point at a brook; thence turning at an
angle of 35 degrees 13' more or less, and running northwesterly by
land of Paul loncl, inc. , 935 feet, more or less, to a point on the
southeasterly aide line of Maple Street; thence turning at a right
angle and running in a southwesterly direction along the south-
easterly side line of Maple Street 350 feet more or less, to the
point of beginning.
The above describes an area of land approximately 480,000
sq.ft. , or 11 acres, more or: less.
22.44 A district situated on the southerly side of
Worthen Road, lying between Massachusetts-Avenue and Bedford Street
bounded and described as follows:
Northwesterly by Worthen Road, 389 feet, more or less; north-
easterly by land now or formerly of Rayco Realty Trust, 507 feet,
more or less; southeasterly by land now or formerly of John P. &
Loretta B. Whalen and Town of Lexington, 349 feet, more or less;
southwesterly by land now or formerly of Roman Catholic Archbishop
of. Boston, 427 feet, more or less ; said area containing 4.:L acres ,
more or i :s,r,
22.45 A district on the southwesterly side of
I t Shirley Street and on the southeasterly side of Hill Street and
being shown as Lot B on a plan by Albert A. Miller and Wilbur C.
Nylander, Civil Engineers and Surveyors, dated October 8, 1964,
and being further bounded and described as follows:
Beginning at a point at the northwesterly corner of Shirley
Street at land of John F. Murphy; thence running northwesterly by
said land of Murphy, 123.34 feet to a point; thence turning and
running southwesterly by Lot C as shown on said plan and by land of
Mary J. Bullock, John F. Bullock, Ralph L. Bullock and George E.
Bullock and by land df Arthur C. Ruge and Florence B. Ruge, 820.81
feet to other land of said Arthur C. Ruge and Florence B. Ruge;
thence turning and running southeasterly by other land of Arthur C.
Ruge and Florence B. Ruge, 277.06 feet to a point; thence turning
and running northeasterly by Lot A as shown on said plan 857.98
feet to the westerly corner of land of Custance Brothers, Inc. ;
thence running northeasterly by said land of Custance Brothers, Inc.
152.85 feet to land of Alice T. McCarthy; thence turning and running
northwesterly by land of Alice T. McCarthy by two bounds, 50.36 feet
and 114.20 feet and by land of Edward P. Colbert and Gloria D.
Colbert, 120 feet and by land of owner unknown, 117.29 feet to land
of Walter F. Spellman and Mary A. Spellman; thence turning and run-
ning southwesterly by land of Walter F. Spellman and Mary A.
Spellman and land of John R. Driscoll, Jr. and Kathleen Driscoll and
by land of Albert J. Saganich, 150.75 feet to a point; thence turn-
ing and running northwesterly by said land of Albert J. Saganich,
136.15 feet and by the southwesterly side line of Shirley Street,
40.14 feet and to the point of beginning.
Section 23. Geographical descriptions of commercial and industrial Geographical
districts.
Descriptions
23.1 CR - office and research park districts include the CR Districts
land described as follows: Description
23.11 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
) 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 S28'47 '10"E about 85 feet to
a line parallel with and 250 feet distant at right angle south-
westerly
outh-westerly from the northernmost straight section of the northeast
line of Shade Street; thence S64°17'10"E by said parallel line 395
feet; thence S42°25'10"E by a line parallel with and 250 feet dis-
tant at right angle southwesterly from the northeasterly line of
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Shade Street 450 feet; thence S47°W about 360 feet; thence S22°E
about 885 feet; thence S39°09'50"E along the southwesterly lines
of lots 234 through 252 shown on Land Court Plan 6962C 932.40 feet;
thence N65°38'10"E 206.87 feet along said lot 252; thence
S39°09'50"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 S4°W 240.64 feet; thence S78°E 262.50 feet;
thence S39°G9'50"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, south-
westerly 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 Cambridge-Concord Highway to the point of
beginning.
23.12 A district on the westerly side of Wood Street
and abutting upon the Laurence G. Hanscom Field (Bedford Airport)
and bounded and described as follows:
Beginning at a point in the westerly line of Wood Street,
at land of the United States of America; thence running N63°34'30"W
by land of the United States of America, distant 348.63 feet to a
point; thence turning and running Nl°33'40"W by land of the United
States of America, distant 300.00 feet to a point; thence running
N5°22'30"E by land of the United States of America, distant 616.21
feet to a point in the westerly line of Wood Street; thence turning
and running by a curve to the right with a radius of 594.55 feet by
the westerly line of Wood Street, distant 299.26 feet to a point;
thence running S30°24'00"E by said westerly line of Wood Street,
distant 267.61 feet to a point; thence running by a curve to the
right with a radius of 474.66 feet by said westerly line of Wood
Street, distant 492.09 feet to a point; and thence running S29°00'00"W
by said westerly line of Wood Street, distant 179.93 feet to the
point of beginning.
23.13 A district on the southwesterly side of Marrett
Road and the Northwesterly side of the Northern Circumferential
Highway (Route 128) and bounded and described as follows:
Beginning at a Massachusetts highway bound at the inter-
section of the southwesterly line of Marrett Road and a southwesterly
line of the Marrett Road-Route 128 interchange, so-called; thence
South 40°31'20"E by said southwesterly line of said interchange, dis-
tant 55.16 feet; thence S43°34'46"W by said interchange, distant
84.34 feet; thence S40°31'20"E, distant 201.06 feet; thence South
20°45'22"E, distant 163.00 feet; thence S47°16'43"W, distant 60.00
feet; thence S42°43'17"E, distant 44.20 feet; thence S18°54'93"W,
-10-
distant 522.71 feet; thence S32°53'53"W, distant 678.55 feet, all
by said interchange; thence N68°19110"W, distant 36.96 feet; thence
c N75°07'50"W, distant 149.01 feet; thence S32°37'30"W, distant 168.32
feet; all by land now or formerly of the City of Cambridge or now or
formerly of Antonio Venuti and Concetta Venuti; thence N72°34'00"W,
distant 352.36 feet; thence N27°27'00"W, distant 257.35 feet; thence
N27°24'20"W, distant 89.39 feet; thence N15°30'00"E, distant 88.01
feet; thence N16°15'30"E, distant 87.87 feet; thence N26°30'30"'E,
distant 10.76 feet; thence N58°43,'10"W, distant 347.08 feet, all by
land now or formerly of the City of Cambridge; thence N18°16'40"E by
land now or formerly of Edwin John Lee, distant 1073.63 feet; thence
S39°43'36"E by land now or formerly of Florence K. Hargrove, distant
1 326.17 feet; thence N82°25'50"E by land now or formerly of Bedros H.
} Bashian et al, distant 30.74 feet; thence N80°47'50"E, distant 77.74
feet; thence N82°11'10"E, distant 86.71 feet; thence N85°44'00"E,
distant 13.15 feet; thence N51°48'10"E, distant 463.41 feet; thence
S62°18'50"E, distant 70.09 feet; thence S60°42'20"E, distant 67.99
C feet; thence S70°06'00"E, distant 52.36 feet to a point in the south-
westerly line of Marrett Road, all by said land of Bedros H. Bashian
j et al; and thence running southeasterly by a curve to the left with
a radius of 644.42 feet by said southwesterly line of Marrett Road,
distant 174.17 feet to the point of beginning.
23.14 A district on the Town of Lexington and City of
Waltham boundary on the easterly side of the Northern Circumferen-
tial Highway (Route 128) , on the southeasterly side of the Route 128-
Route 2 Interchange, so-called, and the westerly side of Spring
Street, bounded and described as follows:
Beginning at a point on the westerly line of Spring Street
at the common boundary of the Town of Lexington and City of Waltham,
thence westerly along such boundary of the Town of Lexington and
City of Waltham, to the easterly line of the Northern Circumferen-
tial Highway (Route 128) ; thence northerly along the easterly line
of the Northern Circumferential Highway (Route 128) to the inter-
section of the easterly line of the Northern Circumferential High-
way (Route 128) and the southeasterly line of Route 128-Route 2
Interchange, so-called; thence northeasterly and easterly, by two
lines, along the southeasterly and southerly lines of said Inter-
change, to a point on the common boundary of said Interchange and
land of Lexington Investment Trust and land now or formerly of
Chester and Isabelle Lamantea; thence southeasterly and southwesterly
by land now or formerly of Chester and Isabelle Lamantea, Benjamin A.
' and Ann L. Greene, Francis A. and Thelma P. Gallagher, Michael J. and
Helen M. Lynch, Robert C. and Patricia D. Snodgrass, Dominick and
Catherine Morley, Warren W. and Elizabeth B. Fox, and William and
Eileen Cowles; thence southeasterly along a line parallel to and
seventy (70) feet northeasterly from the common boundary of the Town
of Lexington and City of Waltham six hundred sixty-three (663) feet,
more or less, to the westerly line of Spring Street; thence south-
erly by the westerly line of Spring Street, seventy-four (74) feet,
more or less, to the point of beginning at the boundary of the Town
of Lexington and City of Waltham.
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CH Districts 23.2 CH - hotel, office and research
Description include the land described as follows: park districts
23.21
district the
southwesterly
Bedford Street bounded anddescribedasfollows: northeast-
erly by Bedford Street, southeasterly by the Route 4 and 225-
Route 128 Interchange, southwesterly by a line parallel to and
1200 feet equi-distant from the northeasterly side of the
Boston & Maine Railroad right-of-way and northwesterly by
Hartwell Avenue.
23.22 A district situated on the westerly side
of the State Highway (Route 128) and the easterly side of
Marrett Road bounded and described as follows:
Easterly by the westerly side of the State Highway
(Route 128) four hundred (400) feet, more or less; northerly
by other land of Frida Semler Seabury and Arthur F. Hinds et
als twelve hundred sixty (1260) feet, more or less; easterly
by land of said Hinds one hundred seventy (170) feet, more or
less; northwesterly by land of Maurice D. Healy by two bounds,
said bounds being of two hundred ninety-two (292) feet, more
or less, and two hundred one (201) feet, more or less re-
spectively; southwesterly by Marrett Road nine hundred thirty
(930) feet, more or less; southeasterly, southwesterly, south-
easterly, southwesterly as shown by land now or formerly of
Grigor by four bounds of twenty-eight (28) feet, more or less,
two hundred three (203) feet, more or less, seventy (70) feet,
more or less, three hundred seventy (370) feet, more or less;
southerly three hundred forty (340) feet, more or less; to
the point of beginning at the State Highway (Route 128).
CM Districts 23.3 CM - manufacturing and research park districts
Description include the land described as follows:
23.31 A district on the northwesterly side of
the Northern Circumferential Highway (Route 128) and bounded
and described as follows: beginning at a point on the north-
westerly line of the Route 4 and 225-Route 128 Interchange,
so-called, said point being 1200 feet distant and at right
angle from the northeasterly side of the Boston & Maine Rail-
road right-of-way; thence southerly along the westerly line of
said Interchange; thence southwesterly along the northwesterly
line of the Northern Circumferential Highway (Route 128) to a
point, said point being 2400 feet distant and at right angle
from the southwesterly side of said Boston & Maine Railroad
right-of-way; thence northwesterly along a line parallel to
and 2400 feet distant from said southwesterly side of the
Boston & Maine Railroad right-of-way to a point on the south-
easterly line of Hartwell Avenue; thence northeasterly along
said southeasterly line of said Hartwell Avenue to a point
1200 feet distant and at right angle from the northeasterly
side of the Boston & Maine Railroad right-of-way; thence south-
easterly along a line parallel to and 1200 feet equi-distant
from said Boston & Maine Railroad right-of-way to the point of
beginning.
-12-
23.32 A district northwesterly of Hartwell Avenue and
bounded and described as follows: beginning at a point on the north-
erly line of Wood Street at land of the United States of America;
thence northwesterly, northerly, northeasterly and again northwesterly
along the northeasterly, easterly, southeasterly and again northeast-
erly lines of said land of the United States of America to the Lexing-
ton-Bedford town line; thence northeasterly along said town line to
the southerly line of Westview Street; thence easterly and northeast-
erly along the southerly and southeasterly line of said Westview
Street to the section of said street relocated in 1959; thence south-
easterly along the southwesterly line of said relocated street to
Hartwell Avenue; thence southwesterly along the northwesterly line of
Hartwell Avenue to Wood Street; thence westerly along the northerly
line of Wood Street to the point of beginning.
23.4 CO - office districts include the land described as CO Districts
follows: Description
23.41 A district on the easterly side of Waltham Street
partly adjacent to the common boundary line of Lexington and Waltham,
bounded and described as follows:
`. � Beginning at a point on the easterly side of Waltham Street at
the common boundary of Lexington and Waltham; thence running south-
easterly by the Lexington-Waltham common boundary line three hundred
seventy (370) feet, more or less, to land now or formerly of Salvatore
Ricci; thence running northeasterly by land now or formerly of said
Ricci, three hundred seventy-five (375) feet, more or less; thence
running northerly by land now or formerly of said Ricci to land of
Leonard V. Short, four hundred forty-two (442) feet, more or less;
thence running westerly by land of said Short two hundred forty (240)
feet, more or less, to Waltham Street; thence southwesterly by Waltham
Street, six hundred ninety-five (695) feet, more or less, to the point
of beginning.
There is excepted from the above described land the parcel
bounded and described as follows: southerly by the Lexington-Waltham
line 200 feet; westerly by Waltham Street, 140 feet, more or less;
northerly by land, now or formerly of Leonard V. Short, 200 feet; and
easterly by land, now or formerly, of said Short, 140 feet, more or less.
23.42 A district on the northerly side of Worthen Road
bounded and described as follows: southeasterly by Worthen Road by five
courses measuring respectively, twenty-five (25) feet, one hundred
eleven and 63/100 (111.63) feet, three hundred forty-eight and 26/100
(348.26) feet, one hundred nineteen and 2/100 (119.02) feet, and ninety-
two and 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 (476.82) feet; northwesterly by land of Town of
Lexington, Lexington Housing Authority, eight hundred fifty-swven and
98/100 (857.98) feet; southwesterly by land of Arthur C. and Florence B.
Ruge, three hundred and thirty-seven and 93/100 (337.93) feet; north-
westerly by land of said Arthur C. and Florence B. Ruge, twenty-five
(25) feet; and southwesterly by land of Grace Chapel, Inc. , four hun-
dred fifty (450) feet, more or less, to the point of beginning.
23.5 CS - Service and trade districts include the land de- CS Districts
scribed as follows: (none) Description
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CN Districts 23.6 CN - neighborh000d business districts include the land
Description described as follows:
23.61 A district on the easterly side of Bedford Street
between North Hancock Street and Harding Road beginning at a point on
the northerly sideline of North Hancock Street, said point being west-
erly and a distance of 22.5 feet, more or less, from the westerly
terminus of a curve of 281.86 feet radius; thence westerly a distance
of 110.7 feet, more or less, to a point of curvature; thence following
the northerly sideline of North Hancock Street, the easterly sideline
of Bedford Street and the southeasterly sideline of Harding Road to
Lot 12 as shown on a plan recorded in the Middlesex South District
Registry of Deeds in Book 6988, Page 1; thence southeasterly along the
southwesterly lot line of said Lot 12 a distance of 107.68 feet to a
point; thence easterly along the southerly lot line of said Lot 12 a
distance of 75 feet, more or less, to a point; thence southerly by 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 the point of begin-
ning.
2.3.62 A district on the northerly side of Marrett Road
beginning at a point 69.50 feet westerly of the westerly terminus of a
curve of 215.47 feet radius; thence westerly along the northerly line of
said Marrett Road a distance of 197.70 feet to a point; thence northerly
a distance of 214.15 feet to a point; thence westerly a distance of 86.04
feet to a point; thence northeasterly a distance of 78.12 feet to a
point; thence southwesterly a distance of 60 feet to a point; thence
westerly a distance of 15.3 feet to a point; thence southerly a distance
of 200.9 feet to the point of beginning, said district including lots
193, 194 and 195 as shown on a plan recorded in the Middlesex South Dis-
trict Registry of Deeds in Book 349, Page 49, and Lot 239 as shown on a
plan recorded in the Middlesex South District Registry of Deeds in Book
321, Page 5.
23.63 A district at the intersection of the northeast-
erly line of Lincoln Street with the easterly line of School Street, ex-
tending for a distance of 200 feet southeasterly along said Lincoln
Street and for a distance of 200 feet northerly along said School Street
and for a depth of 200 feet from the lines of said streets.
23.64 A district at the southwesterly corner of Waltham
Street and Concord Avenue beginning at a point on the southerly line of
said Concord Avenue; thence bearing to the right with a curve of 69.17
feet radius, a distance of 90.99 feet to a point of tangency in the (11
westerly line of said Waltham Street; thence S05°39'05"E, a distance of
42.06 feet to a point of curvature; thence bearing to the right with a
curve of 1,945.62 feet radius, a distance of 52.94 feet to a point;
thence N81°04'20"W, a distance of 150 feet to a point; thence N50°22'30"W
a distance of 148.54 feet to a point in the southerly line of Concord
Avenue; thence S81°01'25"E, a distance of 96.61 feet to the point of
beginning.
23.65 A district at the southeasterly corner of Waltham
Street and Concord Avenue beginning at a point on the southerly line c,f
Concord Avenue; thence along said southerly line S79°43'15"E, a distance
of 68.52 feet to a point; thence S11°14'55"W, a distance of 160.45 feet
to a point; thence westerly a distance of 99.50 feet to a point in the
easterly line of said Waltham Street; thence northerly along said easterly
-14-
line of Waltham Street bearing to the left by a curve of
2,005.62 feet radius, a distance of 95.33 feet to a point
` of reverse curvature; thence bearing to the right by a
curve of 60.97 feet radius, a distance of 112.72 feet to the
point of beginning.
23.66 A district on the westerly side of Bed-
ford Street beginning at a point on the southwesterly side
of Bedford Street, said point being 154 feet northwesterly
from a stone bound at the southeasterly terminus of a curve
of 866.4 feet radius, and extending southeasterly along Bed-
ford Street to the northeasterly sideline of Reed Street and
to a depth of 100 feet from the adjacent sideline of Bedford
Street.
23.67 A district on the northeasterly side of
Bedford Street beginning at the intersection of the north-
easterly sideline of Bedford Street with the northerly side-
line of the Boston & Maine Railroad right-of-way; thence
northwesterly by said sideline of Bedford Street, a distance
of 152.2 feet, more or less, to the northwesterly boundary
of land now or formerly of Dynel Incorporated; thence north-
easterly by said boundary 100 feet; thence southeasterly by
a line parallel to and 100 feet northeasterly from the north-
easterly sideline of Bedford Street to the northerly side-
line of the Boston & Maine Railroad right-of-way; thence by
said sideline of the Boston and Maine Railroad northwesterly
9 to the point of beginning.
ii
23.68 A district at the northwesterly corner
of Waltham Street and Concord Avenue extending 200 feet
northerly along the westerly sideline of Waltham Street and
200 feet westerly along the northerly sideline of Concord
Avenue from the intersection of said lines; thence back at
right angles to each said street until the lines intersect.
_23.7 CG - General business districts include the CG Districts
land described as follows: Description
23.71 A district on the southwesterly side of
Massachusetts Avenue extending from the Arlington line west-
erly to a point 100 feet beyond the westerly line of Sylvia
Street and a depth throughout of 100 feet from said south-
westerly line of Massachusetts Avenue.
23.72 A district on the easterly side of
Massachusetts Avenue beginning at the intersection of the
easterly line of Massachusetts Avenue with the more southerly
line of Curve Street; thence easterly along said southerly
line of Curve Street distant about 100 feet to a point; thence
southerly by a straight line distant about 83 feet to a point;
thence westerly by a straight line distant about 100 feet to
a point in the said easterly line of Massachusetts Avenue;
thence northerly 80.30 feet to the point of beginning.
-15-
23.73 A district on the westerly side of
Massachusetts Avenue beginning at the intersection of the
westerly line of Massachusetts Avenue with the southerly line
of Independence Avenue; thence southerly along said westerly
line of Massachusetts Avenue distant 88 feet to a point;
thence westerly by a straight line distant 100 feet to a
point; thence northerly by a straight line distant 88 feet,
more or less, to a point in the southerly line of Indepen-
dence Avenue; thence easterly along said southerly line of
Independence Avenue distant 100 feet to the point of beginning.
23.74 A district on the northeasterly side of
Bedford Street beginning at the intersection of the north-
easterly line of Bedford Street and the southeasterly lot
line of land now of the Middlesex & Boston Street Railway
Company; thence northeasterly along said lot line and the
extension of said lot line to a point in the southwesterly
line of the railroad right-of-way; thence northwesterly along
said southwesterly line of the railroad right-of-way to a
point in the northeasterly line of Bedford Street; thence
southeasterly along said northeasterly line of Bedford Street li
to the point of beginning.
23.75 A district on the southwesterly side of
Bedford Street between the railroad right-of-way and the
North Lexington Brook beginning at the intersection of the
southwesterly line of Bedford Street with the northeasterly
line of the railroad right-of-way; thence northwesterly along
said northeasterly line of the railroad right-of-way distant
about 740 feet to a point; thence northeasterly distant about
152 feet to a point at the center line of the North Lexington
Brook; thence southeasterly along the said center line of the
North Lexington Brook about 490 feet to a point in the said
southwesterly line of Bedford Street; thence southeasterly
distant about 265 feet to the point of beginning. .
23.76 A district at the northeasterly corner
of Marrett Road and Waltham Street beginning at a point in
the northeasterly side of said Marrett Road, said point being
the intersection of said street line with the lot line be-
tween Lots 80 and 81 as shown on a plan recorded in the
Middlesex South District Registry of Deeds in 'Book 274, Page
43; thence northwesterly along the northeasterly line of said
Marrett Road to a point on the easterly side of said Waltham
Street; thence easterly along the southerly line of Grapevine ('
Avenue to its intersection with the rear lot line of Lot 78B
as shown on a plan recorded in the Middlesex South District
Registry of Deeds, Book 365, Page 32, ; thence southeasterly
along the northeasterly lines of Lot 78B, 79 and 80 as shown
on plans hereinabove referred to distant 177.35 feet to a
point; thence southwesterly distant 121.71 feet to the point
of beginning.
23.77 A district at the southeasterly corner
of Marrett Road and Waltham Street beginning at a point in
the easterly line of said Waltham Street, said point being the
-16-
intersection of said street line with the lot line between
Lots A and D as shown on a plan recorded in the Middlesex
South District Registry of Deeds in Book 7185, Page 474;
( � thence northerly along the easterly line of said Waltham
Street and southeasterly along the southwesterly line of
said Marrett Road to its intersection with the lot line be-
tween Lots 22 and 23 as shown on a plan recorded in the
Middlesex South District Registry of Deeds in Book 273, Page
9; thence southwesterly distant 123.24 feet to a point; thence
northwesterly distant 14.20 feet to a point; thence westerly
distant 104.26 feet to the point of beginning.
23.78 A district at the southwesterly corner
of Marrett Road and Waltham Street, consisting of an area
200 feet wide, running southerly from the southerly line of
said Marrett Road along the westerly side of said Waltham
Street distant 360.35 feet to a lot line as shown on Land
Court Plan #18315A.
23.79 A district at the westerly corner of
Marrett Road and Spring Street and running westerly along
the southerly side of said Marrett Road distant 411.14 feet
from the westerly terminus of a curve of 265.47 feet radius
to the westerly lot line of Lot 235 as shown on a plan re-
corded in Middlesex South District Registry of Deeds in Book
321, Page 5, and running southwesterly along the northwest-
erly side of said Spring Street distant 85.19 feet from the
southwesterly terminus of a curve of 32.60 feet radius to the
southerly lot line of Lot 230C as shown on a plan recorded
in said Registry of Deeds in Book 361, Page 20, and extend-
ing southerly from said southerly side of Marrett Road to
the southerly lot lines of Lots 230C, 230B, 230A, 231, 232,
233, 234, and 235, all of said lots being shown on said plans
hereinabove referred to.
23.80 A district at the southeasterly corner
of Lincoln Street and Marrett Road beginning at a point in
the easterly line of Marrett Road; thence bearing to the
right with a curve of 60 feet radius distant 95.61 feet to a
point of tangency in the southerly line of said Lincoln
Street; thence N83°39'E distant 42.50 feet to a point of
curvature, thence bearing to the right with a curve of 626.96
feet radius distant 74.60 feet to a point; thence southerly
along a lot line distant 158 feet to a point; said lot line
being described in a deed recorded in the Middlesex South
District Registry of Deeds in Book 4491, Page 161; thence
easterly along the northerly lot line of Lot 9 as shown on a
plan recorded in the Middlesex South District Registry of Deeds
in Book 4273 at the end, distant 240 feet to a point; thence
along the easterly lot lines of said Lot 9 and Lot 8 as shown
on a plan recorded in the Middlesex South District Registry of
Deeds in Book 382, Page 2, by two courses distant 157 feet to
a point; thence westerly along the southerly lot line of said
Lot 8 distant 330 feet to a point in the easterly line of said
Marrett Road; thence N7°39'W distant 304.03 feet to the point
of beginning.
-17-
r-
_--- ------- --_---= -- -----------
23.81 A district consisting of a triangular
area of land bounded on west by Fletcher Avenue distant
183.90 feet, on the south by Woburn Street distant 320.22
feet, and on the northeast by the railroad right-of-way
distant 317.40 feet, containing about 27,994 square feet.
23.82 A district at the junction of Lowell
Street and North Street as follows: On both sides of
Lowell. Street a distance of 300 feet northerly and 300 feet
southerly from the point of intersection of the center lines
of Lowell Street and North Street, and on both sides of
North Street a distance of 250 feet northwesterly from the
point of intersection of the center lines of Lowell and North
Streets, and on both sides of North Street northeasterly a
distance of 200 feet from the intersection of the center
lines of Lowell and North Streets and of a depth of 100 feet
from the adjacent street lines in each instance.
23.83 A district on the southerly corner of
Lincoln Street and Marrett Road and extending southwesterly
along said Lincoln Street and southeasterly along said
Marrett Road for a distance of 200 feet in each instance and
for a depth of 100 feet from the adjacent street lines.
23.84 Districts at the junction of Woburn and
Lowell Streets upon each of the four corners and extending
for a distance of 200 feet along each street from the junc-
tion points of the side lines of each street; thence back at
right angles to each said street until the exterior lines
intersect.
23.85 A district on the northwesterly corner
of Marrett Road and Waltham Street and extending northeast-
erly along said Waltham Street and northwesterly along said
Marrett Road for a distance of 200 feet in each instance and
for a depth of 100 feet from the adjacent street lines.
23.86 A district on the easterly side of
Waltham Street, adjacent to the Lexington-Waltham line,
bounded and described as follows: southerly by the Lexing-
ton-Waltham line, 200 feet; westerly by Waltham Street, 140
feet, more or less; northerly by land, now or formerly of
Leonard V. Short, 200 feet; and easterly by land, now or
formerly, of said Short 140 feet, more or less.
CB Districts 23.9 CB - central business districts include the
Description land described as follows:
23.91 A district on the northwesterly side of
Massachusetts Avenue extending northeasterly from the Arling-
ton-Lexington town line to the northwesterly line of the
private way leading to the East Lexington Depot and extending
northeasterly from Massachusetts Avenue to the railroad right-
of-way.
ight-
of-way.
-18-
I
23.92 A district on the southwesterly side of
Massachusetts Avenue extending from the northwesterly line
of Waltham Street to the southeasterly line of Muzzey Street
(( and from the southwesterly line of said Massachusetts Avenue
to the southwesterly lot lines of premises now numbered 73
Waltham Street and 20 Muzzey Street as shown respectively on
a plan in Book 68, Page 13, and a deed in Book 6865, Page 558,
at the Middlesex South District Registry of Deeds.
23.93 A district on the southwesterly side of
Massachusetts Avenue beginning at the intersection of the
southwesterly line of said Massachusetts Avenue with the north-
westerly line of Muzzey Street; thence northwesterly along
said southwesterly line of Massachusetts Avenue distant about
173 feet to a point; thence southwesterly distant 149.50 feet
to a point; thence southeasterly distant 11 feet to a point,
the last two described lines being shown on a plan recorded
in the Middlesex South Registry of Deeds in Book 6130, Page
[ 59; thence by a straight line distant about 380 feet to a
"' point in the northeasterly line of Raymond Street; thence
southeasterly distant 165 feet to the intersection of said
northeasterly line of Raymond Street with the northwesterly
line of Muzzey Street; thence northeasterly along said north-
westerly line of Muzzey Street to the point of beginning.
23.94 A district on the northeasterly side of
i Massachusetts Avenue between the northeasterly line of said
Massachusetts Avenue and the southwesterly side of the rail-
road property and extending from the northwesterly line of
Grant Street to the southeasterly line of Meriam Street.
Said district shall also include adjoining land bounded as
follows: Northwesterly by a part of the land described in
the preceding sentence, fifty-one and 46/100 (51.46) feet;
northeasterly by railroad property, twenty-four and 25/100
(24.25) feet; southeasterly by railroad property fifty and
90/100 (50.90) feet; and southwesterly by Depot Square, thirty-
two and 05/100 (32.05) feet. Said district shall also further
include adjoining land bounded as follows: northwesterly by
t'he 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
parallel to the first boundary above described fifty and 90/100
fk (50.90) feet, more or less; and northeasterly by railroad
1444
property by a line parallel to the second boundary above de-
scribed one hundred twenty-one and 76/100 (121.76) feet, more
or less.
23.95 A district on the southwesterly side of
Bedford Street between the northwesterly lot line of premises
now number 30 Bedford Street and said lot line extended and
northwesterly lot line of property now or formerly owned by
Custance Bros. , Inc. , and said lot line extended and for a
depth of 400 feet southwesterly from the southwesterly line of
said Bedford Street.
-19-
Said district shall also include adjoining land
bounded as follows: Easterly by land described in the pre-
ceding
('
sentence three hundred forty-two and 93/100 (342.93)
feet; southerly by land of Rayco Realty Trust sixteen and
37/100 (16.37) feet; westerly by land now or formerly of
Whalen three hundred twenty-seven and 40/100 (327.40) feet;
and northerly by Worthen Road, sixty-six and 69/100 (66.69)
feet.
23.96 A district on the northeasterly side of
Bedford Street between the northeasterly line of said Bed-
ford Street and the westerly side of the railroad right-of-
way, extending from the southeasterly lot line of land now
or formerly owned by the Christopher S. Ryan Estate to the
northwesterly lot line of property now or formerly owned by
the Lexington Lumber Corporation.
23.97 A district on the southwesterly side of
Massachusetts Avenue beginning at the intersection of the 1 _
southwesterly line of said Massachusetts Avenue with the
southeasterly line of Waltham Street; thence running south-
easterly along said southwesterly line of Massachusetts
Avenue distant about 800 feet to a point; thence southwest-
erly along a lot line distant about 295 feet to a point;
thence northwesterly along the northeasterly lot lines of
Lots 14B, 14A, 13, 12, 19, 20, 10 and 9, said lots being
shown on Land Court Plan 9469, distant about 470 feet to a
point; thence northwesterly about 215 feet to a point; thence
southwesterly distant about 137 feet to a point in the
northeasterly line of Vine Brook Road; thence northwesterly
along said northeasterly line of Vine Brook Road to the south-
easterly line of Waltham Street; thence northeasterly along
said southeasterly line of said Waltham Street to the point
of beginning.
Section 24. No land shall be used and no structure shall be
Permitted erected or used, except as set forth in the following Use
Land Uses Regulations Schedule or as exempted by Section 31 or by
General Laws.
Symbols Symbols employed in the Use Regulations Schedule shall
mean the following:
"Yes" - permitted as of right;
"No" - prohibited;
"SP" - permitted only under a Special Permit for an
exception granted by the Board of Appeals, as
provided for in Subsection 12.2 of this By-Law
"SOS" - permitted only under a Special Permit for an
exception as above, subject to the additional
site plan review requirements of Section 13
hereof.
Specific 24.1 Where an activity might be classified under more
Classifica- than one of the uses listed in the Use Regulations Schedule,
tion
-20-
the more specific classification shall determine permissibility;
if equally specific the more restrictive shall govern.
24.2 In the following Use Regulations Schedule the
uses enumerated under the captions "as a principal use" and Principal and
numbered 25.10 through 25.74 inclusive are the principal uses Accessory Uses
of buildings or land; the uses enumerated under the caption "as
accessory use" and numbered 25.80 to 25.92 inclusive are
accessory uses within the definition of Section 40 of this By-
Law; the uses enumerated under the caption "as principal or
accessory use" and numbered 25.94 to 25.96 inclusive, include
all uses, whether principal or accessory.
24_.3 Uses and buildings not listed in the Use Regula-
tions Schedule and not prohibited as dangerous or disturbing Accessory Use
or detrimental (see 25.95) are permitted if accessory to a to Principal
principal permitted use listed herein and conforming to all Use
other provisions of this By-Law and not in violation of any
other municipal By-Law or General Laws.
24.4 Residential apartments under Paragraph 25.13 may
4,-.. only be permitted by Special Permit under Subsection 12.2 in Residential
the same structure with one or more of uses listed in Para- Apartments
graphs 25.40, 25.41, 25.42, 25.62, 25.63, 25.64, 25.65, 25.66
of the Use Regulations Schedule and subject to the following
= conditions:
24.41 There shall be no apartments on other Second and
than the second and third floors, and no other use on the same Third Floor
floor as apartments or on any floor above such apartments. Apartments
24.42 There shall be provided on the same lot Parking
as the apartments and reserved for use by the tenants of such
apartments parking facilities equivalent to at least one park-
ing space for each room designed for or used as a bedroom.
24.43 There shall be provided and maintained on
Landscaped
the same lot as the apartments an open, landscaped area, avail-
able and accessible to the apartment tenants, containing an Area
aggregate area not less than the gross floor area allocated to
apartments, or one-fourth acre per apartment structure, which-
ever is greater, provided, however, that these conditions shall
be deemed to be satisfied by the existence of public park,
recreation or open space land located contiguous to such lot
or separated therefrom only by a street designated for not
more than two traffic lanes.
-21-
Section 25 - USE REGULATIONS SCHEDULE
I
Use Designation 1 District
. .RO
As a Principal Use
RS RT RM CR CH CM CO CS CN CC CB
25.10 One family dwellings Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
m
% 25.11 Two-family dwellings No Yes No No No No No No No Yes Yes
0
, 25.12 Garden apartments* (each must be connected to public sanitary sewer) . . . . No No SPS No No No No No No No No
m
LI 25.13 Apartments on second and third floor of business buildings (see subsection 24.4) No No No No No No No No No No SP
0
w
- 25.14 Hotel or motor hotel (must be connected to public sanitary sewer) No No No No SPS No No No No SPS SPS
+-I
rj 25.15 Dwelling conversion to two-family SP Yes SP SP SP SP SP SP SP Yes Yes
a
*Provided that no living quarters shall be located below the mean finished
grade of the ground adjoining the building, nor above the second story
Religious, sectarian or denominational schools, buildings and uses, including
m 25.20 parish houses and rectories: public schools, parks, playgrounds: municipal
m buildings and uses Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
0
, 25.21 Other schools SP SP SP SP SP SP SP SP SP SP SP
0
c
o
, 25.22 Hospitals, sanitaria, nursing, convalescent and rest homes, homes for the aged,
u charitable institutions, cemeteries SP SP CP 5" SP SP SP SP SP SP SP
0
w
u Passenger stations, landing fields, telephone exchanges, radio and television
25.23 transmitting sites; sites, buildings and uses for other public services:
u
private water towers and reservoirs SP SP SP SP SP SP SP SP SP SP SP
a
..-1
O 25.24 Private parks, playgrounds, clubs and recreation buildings of a non-commercial
O and non-profit nature, standard or par-three golf course SP SP SP SP SP SP SP SP SP SP SP
o 0
25.25 Miniature, pitch and putt, driving and novelty golf installations No No No No No No No No No SP SP
i 0
4.,
u 25.26 Billiard rooms, bowling alleys, dance halls, skating rinks, theaters and similar
m commercial amusement places No No No No No No No No No No SP
0
' 25.27 Places and buildings for public assembly SP SP SP SP SP SP SP SP Si' SP SP
25.30 Commercial raising, boarding, breeding or keeping of fur-bearing animals . . SP SP SP SP SP SP SP SP SP SP SP
•-I
0
5.. 25.31 Greenhouses, including conservatories SP SP SP SP SP SP SP SP SP SP SP
m
25 32 Other farms, including truck gardens and nurseries, but only tools,equipment
v .
u and vehicles incidental to the actual use of the premises may be stored thereon Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
..-i
u
a 25.33 Roadside stands (for two-year terms) SP SP SP SP SP SP SP SP SP Yes Yes
a
25.34 Seasonal sale of Christmas trees and wreaths SP SP SP SP SP SP SP Yes SP Yes Yes
25.40 Physicians, dentists, opticians, real estate brokers No io No SPS SPS SPS SPS No Yes Yes Yes
m
• 25.41 Offices of salesmen, agents and representatives of manufacturing, distributing,
..1
insurance and wholesale companies No No No SPS SPS SPS SPS No No Yes Yes
....
° 25.42 Administrative, executive, professional and similar offices No io No SPS SPS SPS SPS No No Yes Yes
m 25.50 Retail gasoline, oil and lubrication stations and places of business for the
...4 sale and installation of tires and other automobile accessories, maintenance
u
o and minor repairs of motor vehicles No No No No No No No No SP* SP SP
e
2 25.51 Gasoline service stations incidental to a permitted automotive repair shop . . No it, No No No No No SP No SP SP
z
a
*Where in the opinion of the Board of Appeals a clearly established need will
be served thereby, and subject to such conditions, restrictions and safe-
guards as the Board of Appeals may impose to protect the character of neighbor-
hood and to reduce interference with the safe and convenient flow of traffic.
.,9
U
Section 25 - USE REGULATIONS SCHEDULE (Continued)
1
Use Designation District
AsPrincipal UseRO
RS RT RM I
a CR CH CM CO CS CN CG CB
m '
• 25.52 Parking of motor vehicles (not accessory to a permitted use on the same lot) No No No No No No No No No SP SP
✓ 25.53 Major mechanical repairs, auto body repairs No No No No No No No SP No SP SP
01
a Storage, retail sales and rental of automobiles, aircraft, marine craft, farm
..• 25.54 and other heavy machinery and vehicles, including the accessories thereof: com-
o mercial car wash establishments, if not detrimental to neighboring areas, par-
o ticularly with regard to safe and convenient flow of traffic No No No No No No No SP No SP SP
u
25.55 Automobile graveyards No No No No No No No No No No No
25.60 Retail dealers in bottled gas, grain, animal feed, ice and milk No No So No No No No Yes No SP Ye;
25.61 Billboards, retail liquor stores No No No No No No No No No No YES
Drugstores, retail stores for sale of beauty and health aids, medicines, medical
supplies, food not intended for consumption on the premises, smoking supplies,
25.62 periodicals, books, stationery, toys, hardware, arts and crafts supplies;
m branch banks; service businesses primarily serving neighborhood needs, such as
o, but not limited to barbers, hairdressers, beauticians, manicurists: watch, shoe
a
z or clothing repairs No No. io No No No No No Yes Yes Yes
m
ro Retail stores other than above: banks; drive-in restaurants and other places
t 25.63 for serving food, except diner or lunch cart; caterer, confectioner, decorator,
,a hand laundry, florist, photographer No No io No No No No No No Yes Yes
•
,w.,• 25.64 Self-service automatic laundry and dry cleaning establishments, pick-up stations
> of cleansing, laundry and dyeing plants No No io No No No No No SP Yes 'Yes
Li, 25.65 Radio, television and electrical appliance repairs No No No No No No No Yes No Yes Ya
Dressmaking or tailoring establishments, including those specializing in altera-
a
E 25.66 tions, furriers, milliners, printing shops, bakeries and similar shops or trades
c provided that all work shall be of custom or job order type for sale on the
o premises and that there shall be no production for stock or for wholesale . . No No No No No No No SP No Yes 'fes
Sale of air conditioning, heating, refrigerating and plumbing quipment and
W supplies, lumber, fuel, structural and building materials and supplies: general
d 25.67 building, building maintenance, landscaping, electrical and similar contractors,
x masons, carpenters, well-drillers, blacksmiths-and locksmiths, reupholstering
furniture and other similar repair services No No No No No No No Yes No SP ;SP
25.68 Undertakers, funeral homes No No No No No No SP No SP SP ISP
Diners or lunch carts: treatment, boarding and care of animals; commercial non-
manufacturing uses other than those enumerated elsewhere in Use Regulations
Schedule No No No No No No No No No SP iP
25.70 Light manufacturing, including bakeries without retail sales No No No No No SPS No No No No 'io
m Laboratories engaged in research, experimental and testing activities, including
m 25.71 but not limited to the fields of biology, chemistry, electronics, engineering,
,-i geology, medicine and physics No No No SPS SPS SPS No No No SP iP
m
N Storage and distribution of packaged articles owned by the occupant, provided
m 25.72 that all storage shall be inside the walls of buildings of first or second
v
class construction No No No No No SPS No No No SP ;P
F
" 25.73 Removal of earth materials SF SP SP SP SP SP SP SP SP SP ;P
Section 25 - USE REGULATIONS SCHEDULE (Continued)
Use Designation District
-
As a Principal Use IRO RT RM CR CH CM CO CS CN CG CB
Ac
25.74 Production of articles wholly or in substantial part from materials excavated
or grown on premises (for yearly terms) SP SP SP SP SP SP SP SP SP SP SP
As Accessory Use Only (see definition)
Taking not more than four boarders or letting or renting of rooms without cook-
ing facilities to not more than four persons, or both, in an existing dwelling
by a family resident therein;* home occupation (see definition) in any existing
25.80 dwelling; accessory signs subject to Sections 34 and 35 hereof and the Town Sign
By-Law: garage space for parking not more than three automobiles, one of which
may be a commercial vehicle if owned or used by a person resident in the dwell-
ing to which the garage is accessory; outdoor parking of non-commercial
vehicles:** swimming pools, provided that any such pool which meets the defini-
tion of a structure shall be subject to provisions of Section 27 of this By-Law Yes Yes Yes Yea Yes Yes Yes Yes Yes Yes Yes
25.81 Use of a portion of a dwelling as an office by a physician, dentist or other
professional person residing in the dwelling incidental to such residence . . SP SP SP SP SP SP SP SP SP Yes Yea
25.82 Buildings normally accessory to garden apartments No No Yes No No No No No No No No
25.83 Incidental sale at retail of parts or components necessary for the maintenance
of articles stored and distributed No No No No No Yes No Yes No Yes Yes
Retail uses such as cafeterias, soda or dairy bars, wholly within the same
25.84 building as the principal permitted use, conducted primarily for the convenience
of employees and with no exterior advertising display No No No SPS SPS SPS SPS No No Yes Yes
r a Retail uses in support of a hotel or motor hotel, such as dining halls, restau-
m 25.85 rants, cafeterias, soda or dairy bars, and shops wholly within the hotel or
motor hotel building and with accessory signs as permitted under the Sign By-Law No No No SPS No No No No No SP SP
e°• 25.86 Delicatessens, lunch counters and soda fountains incidental to the permitted
business of a drugstore No No No No No No No No SP Yes Yess
▪ 25.87 Wolesale of commodities accessory to the permitted retail sale of such
commodities in the district No No No No No No No SP No SP SP
Outdoor storage of supplies and equipment incidental to permitted uses, subject
25.88 to appropriate requirements for location, lighting, screening, fencing, cover
and safety precautions No No No SPS SPS No SPS SP No SP SP
25.89 Outdoor overnight parking of freight-carrying or material-handling vehicles
and equipment No No No SPS SPS SPS No SP No Yes Yes
Manufacturing, processing or storing goods and materials as a part of and re-
25.90 lated solely to research, experimental and testing activities; maintenance
shops, power plants, keeping of animals, antennae and machine shops and similar
operations to support permitted uses No No No SPS SPS SPS No No No No No
25.91 Garage space larger than permitted under 25.80 above No No No Yes Yes Yes Yes Yes Yes Yes Yes
25.92 Outdoor parking of commercial vehicles** No No No Yes Yes Yes Yes Yes Yes Yes Yes
* No dwelling may be erected for the purpose of taking boarders or letting or
renting of rooms without a Special Permit by the Board of Appeals
** Outdoor parking is subject to provisions of Sections 31 and 32
111 ems.
Section 25 - USE REGULATIONS SCHEDULE (Continued)
Use Designation District
RO RT RM CR CH CM CO CS CN CC CB
As Principal or Accessory Use RS
>
25.94 Temporary structures and uses not conforming to this By-Law subject to condi-
a tions for the protection of the community SP SP SP SP SP SP SP SP SP SP SP
a
Any building or use not expressly permitted by this By-Law and not accessory to
such permitted building or use; any structure or use, whether or not otherwise
permitted or accessory to a permitted building or use, which may be disturbing
'Ty 25.95 or detrimental to the health, safety or welfare of persons working or living in
d the neighborhood by reason of special danger of fire or explosion, pollution of
A
water ways, corrosive or toxic fumes, heat, gas, smoke, soot, obnoxious dust
or glare, excessively bright or flashing lights, electromagnetic radiation,
offensive noise, or vibration No No No No No No No No No No No
25.96 Junkyards (see definition) and automobile graveyards No No No No No No No No No No No
1
U
Compliance SWUM 26. Any building hereafter erected in any district shall
with be located on a lot such that all of the minimum requirements set
Schedule of forth in the following Schedule of Dimensional Controls are con-
Dimensional formed with, except where specifically exempted by this By-Law or
Controls by General Laws.
No Reduction 26.1 No lot upon which there is a building or for which
of Lot Size a building permit is in force shall be subdivided or otherwise
changed in size or shape, except through public acquisition, so as
to result in violation of the requirements set forth below, and a
lot already non-conforming shall not be changed in size or shape
so as to increase the degree of non-conformity or of non-compliance
with the requirements of this By-Law.
Civil 26.2 The construction of a fallout or blast shelter of a
Defense design approved by the local direction of Civil Defense or his
Shelters representative shall not be deemed to be in violation of the yard
regulations provided such shelter is completely below the finished f�
grade of the adjoining land prior to and after such construction
and is covered by earth to a depth of not less than two feet, ex-
cept that an entrance or exit way may be substantially flush with
the ground and a ventilating pipe and cover may protrude above the
ground if they are of no greater size and height than is reason-
ably required for the purpose.
26.3 Uses and buildings permitted in the RO, RS or RT
RO, RS, RT
districts shall, when located in a CR, CH, CO, CS, CG or
CB dis-
Uses in trict, be regulated by the dimensional controls of an RS district
Other
if located within the area described in Section 22.2, and other-
Districts wise by the dimensional controls of an RO district. All uses
located in CM or CN districts are regulated by the dimensional
controls of the district in which they are located.
26.4 As used in the Schedule of Dimensional Controls the
Symbols symbol "NR" means no requirements, "s.f." means square feet, and
"ft." means linear feet.
Lesser 26.5 Lesser requirements than those of Section 27 apply
Requirements to certain lots. These are as follows:
Exemption 26.51 In RO, RS and RT districts the following •
for Certain lots, if used for a dwelling or other building permitted in such
Lots districts, are exempted from the area, frontage and side yard
provisions of Section 27. Any such lot may be enlarged by combin-
ing it with an adjoining lot or lots, or fractions thereof, in the
Lots may be same ownership. Suah enlarged lot shall not be subject to
Combined greater requirements as to area, frontage, front or rear yards by
reason of such enlargement, but the required side yards shall be
based on the total frontage of the enlarged lot.
-26-
Lots laid out and recorded Area at Frontage
by plan or deed least at least
Prior to March 17, 1924 Any Any Exemption
On or after March 17, 1924 for Pre-
and prior to March 18, 1929 5,000 sq.ft. 50 ft. viously Re-
corded Lots
On or after March 18, 1929
and prior to August 8, 1938 7,500 sq.ft. 75 ft.
On or after August 8, 1939
and prior to December 4, 1950 12,500 sq.ft. 100 ft.
On or after December 4, 1950
and prior to December 1, 1953
and located in RO districts 15,500 sq.ft. 125 ft.
The following shall apply to the above lots:
If actual lot frontage is: Side yard must be
100 ft. or more Not less than 15 ft. Minimum Side
More than 75 ft. but less Yard for
than 100 ft. Not less than 12 ft. Exempt Lots
More than 50 ft. but not more
than 75 ft. Not less than 10 ft.
50 ft. or less Not less than 7.5 ft.
26.52 Certain tracts may be subdivided using the Exemption
provisions of Section 33 which permit reduction of certain re- Permitted
quirements of Section 27. in Sec. 33
26.53 In CN districts any lot which on February Exemption for
21, 1965, was in ownership separate from that of adjoining land Lots of Record
located in the same district shall be deemed to satisfy the in CN Die-
requirements of this By-Lay for area and frontage in CN districts. tricts
26.54 In CM districts in particular instances, the Exemption for
Board of Appeals may permit a principal building to be erected on Lots of
a lot having less area or frontage, or both, than the minimum re- Record in CM
quirements specified in Section 27, if at the time of the adoption Districts
of said minimum requirements such lot 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 substantial derogation from the intent and purpose 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 pur-
poses of this ,;-::paragraph to have been lawfully laid out and re-
corded 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. Section 27.
26.55 Where more than one half of the lot frontage
is on a circular turn-around or on a curve of less than 100 ft.
-27-
Reduction of radius, frontage may be reduced to not less than 60 per centum of
Frontage on the distance otherwise required, provided that the distance be-
Curves tween lot boundaries measured in a line parallel to the street
line and at a distance therefrom equal to the required front yard
shall be not less than the frontage otherwise required and further
provided that such distance at front yard depth shall be dimen-
sioned on a plan approved or endorsed by the Planning Board.
Exceptions 26.56 The limitations of height in feet shall not
to Height apply to chimneys, ventilators, skylights, tanks, bulkheads,
Limitations penthouses and other accessory structural features usually carried
above roofs, nor to domes, towers or spires of churches or other
buildings provided such features are in no way used for living
purposes and further provided that no such structural features
shall exceed a height of sixty-five feet from the ground except
with permission from the Board of Appeals.
Frontage on 26.57_ In CR and CH districts where a lot abuts on a
Turn-around dead-end turn-around part of a street and abuts also on such
in CR and street before the turn-around, the 300 feet may be measured in
CH part along the side line of the street before the turn-around and
in part along a projection of the course of such side line through
and beyond the turn-around, provided however that the lot shall
have a frontage of not less than 60 feet on the street, including
such turn-around.
I
Lots Partly 26.6 When a lot in one ownership is situated in part in the
in Lexington Town of Lexington and in part in an adjacent town or city, the
provisions of this By-Law shall be applied to that portion of the
lot located in the Town of Lexington in the same manner as if the
entire lot were situated in Lexington.
- ---,---.1
•
SECTION_27 - Schedule of Dimensional Controls
District RO RS & RT RM 1 CR 1 CH i CM I CO 1 CS I CN I CC I CE
Uses Permitted in RS and RT Districts Shall Conform to the Provisions of Subsectt2m 6.3
Minimum Lot Area 30,000 s.f. 15.500 s.f. note (a) 5 acres 5 acres 3 acres 60,000 s.f. 60,000 sf. 15,500 s.f NR NR
Minimum Lot Frontage 150 ft. 125 ft. 200 ft. 300 ft. 300 ft. 200 ft. 175 ft. 175 ft. 125 ft. NR NR
Minimum Front Yard (b) 30 ft.(c) 30 ft.(c) 40 ft. 100 ft. 100 ft(j) 75 ft. 50 ft. 40 ft. 30 ft. 20 ft. NR (d)
Minimum Side Yard 15 ft.(e) 15 ft.(e) 40 ft. 50 ft. 50 ft. 25 ft. 50 ft. 20 ft. 20 ft. NR NR
Minimum Rear Yard 15 ft.(e) 15 ft.(e) 40 ft. 50 ft. 50 ft. 25 ft. 50 ft. 20 ft. 20 ft. 20 ft. 10 ft.
Minimum Yard Adjacent to
RO, RS, RI, MI District 15 ft. 15 ft. 40 ft. 100 ft. 100 ft. 75 ft. 50 ft. 40 ft. 20 ft. 20 ft.(f) 20 ft.(0
Minimum Yard Adjacent
to Other District 15 ft. 15 ft. 40 ft. 100 ft. 100 ft. 25 ft. 50 ft. 20 ft. 20 ft. NR NR
Minimum % Open Area 85% (g) 85% (g) 75% 75% 75% 66.7% 75% 75% note (h) NR NA
Maximum height Stories 3 3 3 3 3 3 3 3 3 3 3
Schools.hospitals
I.,
,o Public Buildings Feet 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft. 45 ft.
1
Maximum height Stories 2-1/2 2-1/2 2-1/2 3 3 3 2 2-1/2 2-1/2 2-1/2 3
Other Buildings Feet 40 ft. 40 ft. 40 ft. 45 ft. 45 ft. 45 ft. 40 ft. 40 ft. 40 ft. 40 ft. 45 ft.
i
IMinimum Between Buildings NR NR 30 ft.(i) 30 ft.(i) 30 ft.(i) 30 ft.(i) 30 ft.(i) 20 ft. 20 ft. NR NR
a. 3,000 sq.ft. lot area per dwelling unit containing one room used for sleeping: 3,500 sq.ft. lot area per unit with two such rooms:
4,000 sq.ft. lot area per unit with three or more such rooms.
b. Where lawfully adopted building lines require yards in excess of these requirements, the building line shall govern.
c. Except 20 ft. yard on other than frontage street: for uses permitted on Special Permit, a yard of at least 30 ft. on each abutting
street, and if lot exceeds 1 acre a yard of at least 40 feet on each abutting street, and if lot exceeds 5 acres a yard of at lea
50 feet on each abutting street.
d. Except 10 ft. yard on Muzzey St. or on Redford St. for lots abutting these streets.
e. Except for uses permitted on Special Permit, increase the required side yard to 20 feet plus 1 foot for every 1/2 acre (or frac-
tion thereof) over 1/2 acre lot area.
f. Only if lot abuts or is within 10 ft. of the district boundary. The 10 ft. nearest such boundary shall be unpaved and may contain
only grass, plants, shrubs, trees and fences, and shall not be used for parking, driveways or outdoor storage.
a. Applicable only to uses permitted on Special Permit.
h. Combined floor area of all principal and accessory structures shall not exceed 3,000 sq.ft.
I. Buildings shall be surrounded by fire lanes (see definition).
j. Except 200 ft. yard on Bedford Street for land abutting Bedford St. north of Rte. 128.
i
III 1
PART 3. GENERAL REGULATIONS
Section 30. Non-conforming uses
May be 30.1 Any building lawfully existing and any use lawfully
Continued being made of land or buildings which does not conform to this
By-Law as adopted or as amended may be continued to the same
degree and for the same purpose.
30.2 Any such building may be repaired or structurally
May be altered. but no such building if destroyed or damaged to the ex-
Repaired tent of 75% of its reproduction cost at the time of said damage,
as determined by the Building Inspector, shall be rebuilt or re-
paired except with a special permit granted by the Board of
Appeals under the provisions of Subsection 12.2 of this By-Law.
No Expansion 30.3 No building or use lawfully existing as a non-con-
Except with
forming building or use shall be extended or enlarged except with
Special Permit a special permit granted under the provisions of Subsection 12.2
of the By-Law. (1.)
30.4 If land or buildings lawfully being put to a non-
No Reversion conforming use are changed to a use permitted in a district where-
to Non-con- in such lands or buildings are situated, they shall not be changed
forming Use back to any non-conforming use. The non-conforming use of land or
buildings may be changed with a Special Permit from the Board of
Change of Non- Appeals to another non-conforming use which in the opinion of the
conforming Uses Board of Appeals is no more objectionable to the neighborhood.
Abandonment of 30.5 If there be non-use of any lawful non-conforming use
Non-conform- of land or buildings for a period of twenty-four consecutive
ing Use months, such non-conforming use shall be regarded as abandoned
and shall not be resumed.
Section 31. Parking and Loading Regulations
31;1 Not less than the required parking and loading space
Required Park- indicated by Subsection 32.1 of the following Schedule of Parking
ing and Load- and Loading Regulations shall be provided to service all new build-
ing ings, additions to old buildings, or new use of existing buildings
Facilities or premises. Loading areas shall not be considered as part of the
parking area.
Location of 31.11 Such required parking shall be located on the
Required same lot as the activity it serves and shall have free and unim-
Parking peded access to a street over unobstructed passageways or driveways.
31.12 The Board of Appeals may grant a Special
Temporary Permit for an exception to the requirements of Subsection 32.1 in
Reduction by any case where the Board of Appeals determines that the complete
Special Permit development of the required parking area is not currently neces-
sary; such special permit to allow reduction of the developed park-
ing area to not less than half that otherwise required, and to be
for a period not to exceed two years.
31.13 Required parking and loading areas shall have
adequate provisions for access, turning and exit without endanger--
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ing or inconveniencing the users of such areas or the traffic in
the streets adjacent thereto. The number of driveway openings Egress in
shall not be greater than reasonably necessary. Egress shall not CM District
require backing into the street. In the CM district, driveway
width shall not exceed 25 feet, and the entrance of all driveways
to a street shall be subject to approval in writing by the Plan-
ning Board.
31.2 All parking-and loading areas shall be subject Dimensional
to the dimensional restrictions of Subsection 32.2 of the follow-
ing Schedule of Parking and Loading Regulations, whether such
parking or Loading be required by this By-Law or optionally pro-
vided.
31.3 Symbols employed in Section 32, Schedule of Explanation of
Parking and Loading Regulations, Subsections 32.1 and 32.2, Symbols Used
shall mean the following: in Schedule
s.q. - square feet of Regulations
i ft. - linear feet
N.R. - no requirement or restriction specified
-31-
.41
Section 32. SCHEDULE OF PARKING AND LOADING REGULATIONS
32.1 SCHEDULE OF REQUIRED PA ING AND LOADING
_ sli...... .22
U S E
DISTRICT REQUIRED PARKING
Use permitted as of right in RO, RS, or RT
district
Any I N® requirement
- " !
' Use permitted on Special Permit in RO, ',II
RS or RT district (Subsection 12.2) . . ' Any Reasonably sufficient „
Use other than the above . . . . . . : CR,CM,CS Reasonably sufficient
CO 1 parking space per 100 s.f. floor area or fraction
CN 1 parking space per 200 s.f. floor area or fraction
, I
II It It li It CG 1 1 parking space per 150 s.f. floor area or fraction
w
t.) . .
CB No requirement
Garden apar! ents RM 1 parking space per dwelling unit
Hotels, motels, motor hotels . . . CH 1 parking space per guest room plus reasonable
provision for persons dining or attending functions
in the building
Other than all above CH reasonably sufficient
IEQUIRED LOADING FACILITIES
Any permitted use . . CRCHCM ' '! asonably sufficient
CO, CS
Any permitted use . . . . . CN,CG,CB N® requirement
E
1 , „
_. __ . ___ . ___ _
I _ i
32.2 SCHEDULE OF DIMENSIONAL RESTRICTIONS FOR PARKING AND LOADING
DISTRICT
RESTRICTION
RO,RS
CR CH CM CO CS CN CG CB
RT RM '
Parking or loading shall be located not less than
these distances from:
RO, RS, RT or RM District Boundary . . . N.R. 50 ft. 50 ft. 25 ft.a 40 ft. 20 ft.. 10 ft 10 ft.
Other District Boundary . . . N.R. 50 ft. I N.R. 25 ft.a. N.R. N.R. N.R. N.R.
Street line . . . N.R. 50 ft. 50 ft. 25 ft.a 20 ft. 10 ft. N.R. N.R.
Lot line other than above . . . N.R. 25 ft. 25 ft. N.R. N.R. N.R. N.A. Ni,
But in no event shall parking occupy more than
these percentages of a required front yard:
Uses allowed in RO, RS or RT Dis-
tricts on Special Permit (Subsection 12.2) . 0% 0% 02 OZ 02 0% 02 0%
Other Uses . N.R. 2521) 25% 502b 50%1) N.R. 0% 0%
And in no event shall parking occupy more than
these percentages of a required side or rear yard:
Uses allowed in RO, RS or RT Dis-
tricts on Special Permit (Subsection 12.2) . 0% 02 02 0% 0% 0% 0% i 0%
Other Uses . N.R. N.R. 0% N.R. c OX N.R. I N.R.
a. 50 feet for loading facilities
b. Including 'talks and drives
c. Not more thin SO2 of lot area may be occupied by parking and outdoor storage
Planned Unit SECTION 33. The Board of Appeals may grant a special permit for
Development any tract of land of ten (10) acres or more to be subdivided as a
planned unit development, subject to the requirements and condi-
tions described below.
33.1 The general objectives of planned unit developments
General are to encourage:
Objectives
33.11 Preservation of open space for conservation,
outdoor recreation or park purposes
33.12 Better utilization of natural features of the
land through a greater flexibility of design
33.13 More efficient provision of municipal services.
Number of 33.2 The number of building lots in any tract of land for
Building Lots which a special permit is issued shall not exceed such number of
Permitted lots usable for building and conforming to the area and frontage
requirements specified for RO district in Section 27 hereof, as
could be contained in 85 per cent of the area of the tract to be �r
subdivided.
Portion to Re- 33.3 At least 25 per cent of the total area of such tract
main Unsubdi- shall remain unsubdivided, and, except as provided below, unbuilt
vided upon, and shall be used for conservation, outdoor recreation or
park purposes.
Sizes and 33.31 Such unsubdivided land may be in one or more
Sha es of Un-
determin parcels of a size and shape appropriate for its intended use as
P
ed by the B oard of Appeals after consideration of the
subdivided Land recommendations bt the Planning Board.
Ownership of 33.32 Such unsubdivided land shall be conveyed to
and accepted by the Town of Lexington or to all homeownerss withinUnsubdivided
Land 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 unsub-
divided land, which may differ from parcel to parcel, shall be
ri specified by the Board of Appeals as a condition of the special
permit.
33.33 When such unsubdivided land is conveyed to
Perpetual persons other than the Town of Lexington, the Town shall be granted
Easements ,<
an easement over such land sufficient to ensure its perpetual
maintenance as conservation, recreation or park land.
Access to Un- 33.34 Access at least 40 feet wide shall be provided
subdivided to each parcel of such unsubdivided land from one or more streets
Land in the subdivision.
Paving and 33.35 A maximum of 20 per cent of such open land may
Structures on be devoted to paved areas and structures used for or accessory to
Unsubdivided active outdoor recreation, and consistent with the open space uses
Land of such land.
-34-
33.4 The following minimum standards shall be observed Reduced
with respect to any reduction of street frontage or lot area Frontage and
permitted in a planned unit development:
Area Pro-
visions
33.41 Street frontage may be reduced to not less
than 120 feet; lot area may be reduced to not less than 20,000
square feet;
33.42 The street frontage may be further reduced
on curves in accordance with the provisions of Paragraph 26.55
of this By-Law.
33.5 The application for a special permit for a planned Application
unit development shall be accompanied by a preliminary subdivision for Special
plan, a copy of which shall also be submitted to the Planning Permit
Board. In addition to the information required by Rules and Regu-
lations of the Planning Board to be shown on preliminary subdivi-
sion plans, such plan for a planned unit development shall show
11, the following:
�a 33.51 Soil culture of the land, such as wooded,
Soil
pasture, rock outcrops or swampy.
33.52 Proposed landscaping and use of land which is Proposed
to be reserved for conservation, recreation or park use, including Landscaping
any proposed structures thereon.
33.6 The Planning Board shall submit in writing to the Planning
Board of Appeals its report and recommendations as to said appli- Board Rec-
cation for special permit, to include at least the following: commendations
33.61 Its determination as to the number of lots
usable for building.
33.62 A general description of the tract in question
and surrounding areas.
33.63 An evaluation of the appropriateness of the
proposed development and the extent to which it accomplishes the
objectives of planned unit development.
33.64 Recommendations for the granting or denial of
the special permit, including recommendations for modifications,
restrictions or requirements to be imposed as a condition of grant-
1 ' ing the special permit,
33.7 The Board of Appeals shall not take any action on a
petition for a permit for a planned unit development until the Board of
Planning Board shall have submitted its written recommendations to Appeals
the Board of Appeals or 45 days shall have elapsed from the date Action
of submission of the preliminary subdivision plan and application
for a special permit. In determining whether to grant a special
permit for a proposed planned unit development which meets the
minimum standards stated herein, the Board of Appeals shall consider:
-35-
33.71 The report and recommendations of the Plan-
ning Board.
33.72 The general objectives of planned unit devel-
opment.
33.73 The existing and probable future development
of surrounding areas.
33.74 The appropriateness of the proposed develop-
ment in relation to topography, soils and other characteristics
of the tract in question.
Where its decision differs from the recommendations of the
Planning Board, the Board of Appeals shall state in its decision
the reasons therefor.
Compliance 33.8 Nothing contained herein shall in any way exempt
With Other a proposed subdivision from compliance with the Rules and Regula-
Rules and tions of the Planning Board, nor shall it in any way affect the
Regulations right of the Board of Health and of the Planning Board to approve,
with or without conditions and modifications, or disapprove a sub-
division plan in accordance with the provisions of such Rules and
Regulations and of the Subdivision Control Law.
33.9 The PlanningBoard shall not recommend and the Board
Additional
Appeals shall notgrant a special permit for the subdivision of
Conditions of pp p
'1I-; land into lots having the reduced area and frontage, as provided
for Special
Permit for in this subsection, if it appears that because of soil, drain-
age, traffic or other conditions the granting of such permit would
be detrimental to the neighborhood or to the Town or inconsistent
with the purposes of planned unit development. In granting a
special permit, the Board of Appeals shall impose such additional
conditions and safeguards as public safety, welfare and conven-
.11 may require, either as recommended by the Planning Board or
upon its own initiative.
Subsequent 33.10 Subsequent to a special permit granted by the Board
Revision of of Appeals under the provisions of this Section 33, and the
Side and Rear approval of a definitive plan of a subdivision by the Planning
Lines Board, the location of side and rear lines of lots in such subdi-
�'l �, vision may be revised from time to time in accordance with appli-
i'i Allowed cable laws, by-laws and regulations. Any change in the number of
Other Subse- lots, the lines of streets, the reserved open space, its ownership
quent Revi- or use, or any other conditions stated in the original special
sions Require permit shall require a new special permit issued in accordance with
New Special the provisions of this By-Law.
I Permit
1H I '
Sign Section_34. No sign shall be erected in any district except in
,I ! Regulations conformity with both this By-Law and the Lexington Sign By-Law.
ii Certain signs are prohibited in the Use Regulation Schedule, Sec-
tion 25 of this By-Law, as noted at the use they pertain to.
Further regulation of signs is contained in the Sign By-Law.
Further regulation of signs in RO, RS and RT districts is contained
in Section 35 of this By-Law.
Iil
-36-
i' ;
Section 35. Accessory signs permitted as of right in RO, RS Accessory
and RT districts: Signs
35.1 For each family living in a dwelling: not more Residence
than two signs, neither of which has sign area of more than one Identifica-
square foot, bearing the name of the family or designation of tion
the dwelling or both.
35.2 For permitted uses other than single or two-family Permitted Use
dwellings, taking of boarders, earth removal, or home occupa- Identifica-
tions one sign not exceeding twelve square feet in area. tion
35.3 Real estate signs not over six square feet in Real Estate
total area advertising the sale or rental of the premises on Signs
which they are located.
35.4 Real estate signs not more than fifty square feet Real Estate
in total area and not more than ten feet in any dimension erected Signs for
and maintained on subdivisions of land as defined in General Laws,
Chapter 41, Section 81 K, to advertise solely the selling of land Subdivisions
or buildings in said subdivisions, but not more than one such
sign shall face the same street.
Accessory
35.5 Accessory signs allowed in RO, RS and RT districts Signs on
on special permit from the Board of Appeals: Special Permit
35.51 More or larger signs for the uses indi- More or Larger
cated in Subsection 35.2. Signs
35.52 For lawfully non-conforming business of More or Larger
Com-
commercial uses, more or larger signs than allowed in Section 35. Signs -
mercial Signs
17
-37-
PART 4 - DEFINITIONS
Definitions SWUM40. For the purpose of this By-Law the following words
and terms used herein are hereby defined or the meaning thereof
explained or limited:
General The word "shall" is mandatory, the word "may" is permissive.
Definitions The present tense includes the future tense, the singular number
includes the plural and the plural includes the singular.
Accessory Use ACCESSORY USE OR BUILDING: Use or building customarily incident
or Building to and located on the same lot with the use or building to which
it is accessory and not detrimental to the neighborhood.
Billboard BILLBOARD: Any sign not an accessory sign, regardless of size.
Building BUILDING HEIGHT: The vertical distance measured from the mean
Height finished grade of the ground adjoining the building to the highest
point of the roof for flat roofs, to the deck line of mansard
roofs, and to the mean height between eaves and ridge, for gable,
'H hip and gambrel roofs.
I,I! , Buildin BUILDING: A combination of materials having a roof and forming a ".
g shelter for persons, animals or property. The word "building"
shall be construed, where the context allows, as though followed
by words "or structure or part or parts thereof."
Diner or DINER OR LUNCH CART: A restaurant designed to externally resemble
Lunch Cart a railroad dining car.
Drive-in DRIVES-IN RESTAURANT: Any premises used for sale, dispensing or
serving of food, refreshments, or beverages in automobiles, in-
Restaurant cluding those establishments where customers may serve themselves
and may consume the food, refreshments, or beverages on the
premises.
Dwelling DWELLING CONVERSION: Alteration of a one family dwelling to accom-
Conversion modate two families, executed such that:
a. The appearance and character of a one-family dwelling
is preserved.
b. The gross habitable floor area for each family in such
dwelling is at least 700 square feet.
c. No major exterior structural changes are made, except
such as may be required for safety by the Lexington
Building By-Law or General Laws of the Commonwealth.
d. Stairways leading to the second or any higher floor are
enclosed within the exterior walls of the building.
Dwelling - DWELLING, ONE FAMILY: A detached residential building intended
One Family and designed to be occupied exclusively by a single family.
Dwelling Unit DWELLING UNIT: Living quarters for a single family
Dwelling - DWELLING, TWO FAMILY: A detached residential building intended
Two Family and designed to be occupied exclusively by two families.
ERECTED: The word "erected" shall include the words "built," "con-
Erected structed," "reconstructed," "altered," "enlarged," and "moved."
Il
FAMILY: Any number of individuals living and cooking together in a
F; nilq single housekeeping unit.
-38-
FIRE LANE: An open space in which no automotive vehicles may be Fire Lane
parked and in which no building or structure may be erected
without written permission from the Head of the Lexington Fire
Department, except that buildings may be interconnected by corri-
dor or walkways, if provision is made for access by fire apparatus
to all outside walls. The open space shall be between a building
and a line parallel to and fifteen feet equidistant from a
building.
FLOOR AREA: The aggregate horizontal area in square feet of all
floors of a building or several buildings on the same lot Floor Area
measured from the exterior faces of walls enclosing each building,
exclusive of garages, cellar, basement and attic areas used only
for storage or for services incidental to the operation or mainte-
nance of such building or buildings.
FRONTAGE, LOT: A continuous portion of the boundary between a Frontage
lot and an abutting street between lot lines or, in the case of a Lot
44 corner lot, between a lot line and the intersection of street
lines or of street lines extended. The measurement of lot front-
(' age shall not include jogs in street width, back-up strips and
other irregularities in street line, and, in the case of a corner
lot may at the option of the owner extend to the midpoint of the
curve connecting street lines, instead of to their intersection.
FRONTAGE STREET: A street which provides the required lot front- Frontage
age for a building. When a lot is bounded by more than one Street
street, any one of them, but only one, may be designated as the
frontage street by the owner, provided that the street meets the
frontage requirement and that the principal permitted building on
the lot is numbered on such frontage street. However, in the case
of a lot bounded by two streets forming an interior angle of more
than 135 degrees, their combined frontage between lot lines may
be used to satisfy the lot frontage requirement.
GARDEN APARTMENT: Residence for eight or more families, with at Garden
least two detached or semi-detached buildings, each containing Apartment
not fewer than four nor more than ten dwelling units.
GOLF COURSE, STANDARD OR PAR THREE: Course, including customary Golf Course,
accessory buildings, where tee to hole distance averages not less Standard or
than 80 yards. Par Three
HALF STORY: See "Story, Half"
HOME OCCUPATION: Certain occupations engaged in within an exist- Home
ing dwelling or a building accessory thereto by a resident thereof, Occupation
provided that there shall be no sign, advertising device, exterior
storage, or other exterior indication of the home occupation, and
that such occupations are limited to the exercise of personal or
professional skills in the fields of music, dramatics, arts and
crafts and academic pursuit and the giving of instructions or
lessons, for compensation, in such skills; and also the perform-
ance of custom work of a domestic nature, such as dressmaking,
millinery, and clothes washing provided that equipment utilized is
such as is customarily incidental to residential occupancy.
-39-
..te_
HOTEL, MOTOR HOTEL OR MOTEL: A building or several buildings
Hotel, Motor containing 15 or more sleeping rooms for resident or transient
Hotel, or guests with a provision for serving food in a public dining room,
Motel but no cooking in rooms occupied by guests and no living quarters 9
below the mean finished grade of the ground adjoining each
building.
Junkyard JUNKYARD: Without limiting the generality of Paragraph 25.96,
the following shall be deemed to be junkyard uses: outdoor storage
of two or more unregistered automobiles, except where expressly
authorized in a special permit issued by the Board of Appeals for
an automobile sales or repair business, or an accumulation in the
open of discarded items not used or intended to be used by the
occupant of the property.
Light LIGHT MANUFACTURING: Fabrication, processing, or assembly employ-
Manufacturing ing only electric or other substantially noiseless and inoffensive
motive power, utilizing hand labor or quiet machinery and processes,
and free from neighborhood disturbingagents,ag ts, such as odors, gas
fumes, smoke, cinders, flashing or excessively bright lights,
r, refuse matter, electromagnetic radiation, heat or vibration.
Lot LOT: An area of land in one ownership with definite boundaries
ascertainable by recorded deed or plan and used or set aside and
available for use as the site of one or more buildings or for any
other definite purpose.
Lot Area LOT AREA: Area within a lot, including land over which easements
have been granted, but not including any land within the limits of
a street upon which such lot abuts, even if fee to such street is
in the owner of the lot, except that if a corner lot has its
corner bounded by a curved line connecting other street lines
which, if extended, would intersect, the area may be computed as
if such boundary lines were so extended.
Lot Corner LOT, CORNER: A lot bounded by more than one street which has an
' interior angle of 135 degrees or less formed by the tangents or
straight segments of street lines between the side or rear lines
H H of such lot or by an extension of such street lines. A lot
bounded by one street shall be considered a corner lot when the
' ' tangents or straight segments of the street line between the side
lines of the lot form, or would form if extended, an interior
angle of 105 degrees or less.
1 LOT FRONTAGE: See "Frontage, Lot".
MOTOR HOTEL OR MOTEL: Same as "hotel". R,
Municipal MUNICIPAL: The word "municipal" means the Town of Lexington.
Non-conforming NON-CONFORMING USE OR BUILDING: A lawfully existing use or build-
Use or ing which does not conform to the regulations for the district in
Building which such use or building exists.
' Open Area, OPEN AREA, PERCENTAGE; That percentage of the lot area which is
Percentage not occupied by any structure.
Parking PARKING SPACE: An area in a building or on a lot available for
Space parking one motor vehicle-, -.having a width of not less than 10 feet
and an area of not less than 200 square feet, exclusive of passage-
ways and driveways appurtenant thereto, and with free and unimpeded
-40-
access to a street over unobstructed passageways or driveways.
PLANNED UNIT DEVELOPMENT: A subdivision of land for one family
Planned Unit
dwellings on lots having reduced area or frontage or both, subject Development
to a special permit issued in accordance with the provisions of
Section 33.
PUBLIC: The word "public" means the Town of Lexington, Common-
Public
wealth of Massachusetts, United States Government or an agency
thereof.
REAR LINE OF A LOT: A line separating a lot from other lots or Rear Line
from land in a different ownership, being the boundary of a lot of a Lot
which is opposite or approximately opposite the frontage street.
Where because of irregular lot shape, the building inspector and
the lot owner cannot agree as to whether a lot line is a side or
a rear line, it shall be considered a rear line.
RECORDED: The due recording in the Middlesex County South Dis- Recorded
trict Registry of Deeds, or, as to registered land, the due
(N filing in the Middlesex County South District Land Registration
Office.
ROADSIDE STAND: Premises for sale of edible farm products,
flowers, fireplace wood, preserves and similar products, not less
than half of which (measured by dollar volume of annual sales) have
been produced or grown within Lexington on land owned by the owner
of the stand; no goods except plants, flowers and fireplace wood
shall be stored or offered for sale outdoors.
SANITARY SEWER: A public sanitary sewer of the Town of Lexington. Sanitary Sewer
SIDE LINE OF A LOT: A line separating a lot from other lots or Side Line
from land in different ownership, other than a street line or a of a Lot
rear lot line.
SIGN: Any device designed to inform, direct or attract attention Sign
of persons not on the premises on which the sign is located, pro-
vided however that the following shall not be included in the
application of the regulations of this By-Law:
a. Flags and insignia of any government, except when dis-
played in connection with commercial promotion
b. Legal notices, identification, informational or
directional signs erected or required by governmental -
bodies
c. Integral decorative or architectural features of
buildings, except letters, trademarks, moving parts or
` . ' moving lights
d. Signs directing and guiding traffic and parking on
private property, but bearing no advertising matter
SIGN, ACCESSORY: Any sign or other advertising device which
advertises, calls attention to, or indicates the person or Sign, Acces-
activity occupying the premises on which the sign is erected or sory
that advertises the property or some part of it for sale or lease,
and which contains no other advertising matter.
-41-
Sign, Non- SIGN, NON-ACCESSORY: Any billboard or sign not an accessory
accessory sign. f
Story
STORY: That portion of a building contained between any floor /,
and the floor or roof next above it, but not including either
the lowest portion so contained if more than one-half of such
portion vertically is below the mean finished grade of the ground
adjoining such building, or the uppermost portion so contained if
under a sloping roof and not designed or intended to be used for
human occupancy.
Story, Half STORY, HALF: A story directly under a sloping roof in which the
points of intersection of the bottom of the rafters and the
interior faces of the walls are less than three feet above the
floor level on at least two exterior walls.
Street, Road STREET, ROAD, or WAY: An area of land dedicated, approved by the
or Way Planning Board, or legally open for public travel under at least
one of the following classifications:
a. A public way duly laid out by the Town of Lexington, ( ;
the Middlesex County Commissioners, or the Common- )
wealth of Massachusetts, or a way which the Lexington l„<
Town Clerk certifies is maintained by public authority
and used as a public way; or
b. A way shown on a plan theretofore approved and en-
dorsed in accordance with the Subdivision Control Law;
li
or
c. A way in existence on April 4, 1948, having, in the
opinion of the Planning Board, sufficient width, suit-
able grades and adequate construction to provide for
the needs of vehicular traffic in relation to the pro-
posed use of the land abutting thereon or served thereby,
and for the installation of municipal services to
serve such land and the buildings erected or to be
erected thereon.
A public or private way as afore shall not be deemed to be a
"street” as to any lot of land that does not have rights of access
to and passage over said way.
Structure STRUCTURE: Anything constructed or erected, the use of which re-
quires a fixed location on the ground, or attachment to something
located on the ground, including buildings, mobile homes, bill-
boards, tanks, or the like, or the parts thereof, and swimming
I/
pools capable of having a depth of two feet or more at any point
and a surface area of more than one hundred square feet. However,
this definition does not include a boundary wall or fence less than
six feet in height above the mean finished grade of the adjoining
ground.
H TEMPORARY STRUCTURE: Tent, construction shanty; or similarly port-
Temporary able or demountable structure intended for continuous use for not
Structure longer than one year.
Temporary TEMPORARY USE: Use, operation or occupancy of a parcel of land,
Use building or structure for a period not to exceed one calendar year.
Way WAY: see "Street, Road or Way."
-42-
YARD: An open space on a lot unoccupied by any building or Yard
structure or such parts thereof as covered or uncovered porches,
steps, cornices, eaves and other projections; provided however
that fences, freestanding walls, poles, posts, and other cus-
tomary yard accessories, ornaments and furniture, and customary
summer awnings are permitted in any yard, subject to height
limitations. Yard depth shall be measured from the street or
lot line to the nearest point on a building in a line perpendicu-
lar or normal to such lot or street line. The minimum required
yard shall be a strip of land of uniform depth required by this
By-Law measured from the lot or street line and, adjacent thereto.
YARD, FRONT: A yard extending between lot side lines across the Yard, Front
lot adjacent to each street it abuts.
YARD, REAR: A yard extending between the side lines of a lot Yard, Rear
adjacent to the rear line of the lot.
YARD, SIDE: A yard extending along each side line of a lot be- Yard, Side
-tween front and rear yards.
r
1
I
EXPLANATION OF SYMBOLS :
::;:::•: MINIMUM REQUIRED FRONT YARD
a ``\\\\� MINIMUM REQUIRED REAR YARD
��� MINIMUM REQUIRED SIDE YARD
MAY BE DEFINED AS EITHER DEPTH OF FRONT, REAR OR SIDE YARD
REAR OR SIDE YARD, 1.'4 21'1 GREATER THAN THE REQUIRED MINIMUM
A T
a O �'
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