USA > Massachusetts > Middlesex County > Melrose > City of Melrose annual report 1922 > Part 13
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2. Notice of Granting Permits.
On granting any permit under this ordinance, which permit may affect the property of any person other than the grantee of such permit, the Inspector of Buildings shall, within twenty-four hours from granting such permit, cause adequate notice of the nature of such permit to be posted in a conspicu- ous place or places and upon the property to which it refers in one or more places adjacent, if practicable to the street or streets upon which the property is located; and shall also within a like period send like notice by mail to the owner or owners of all property abutting on or directly across the street from property to which it refers. In case of uncer- tainty as to who any such owner may be, the name and ad- dress of the owner as last shown by the records of the Tax Assessors of this City shall be deemed sufficient.
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3. If the Inspector of Buildings has reason to believe that this ordinance is being violated, he shall thereupon forthwith call such alleged violation to the attention of the delinquent party, in writing, and if the delinquent fails to correct such violation at once, the Inspector of Buildings shall thereupon report the matter to the City Solicitor, who shall take, or cause to be taken, such action as may be appropriate in the premises, by complaint before the District Court, by application to the Superior Court, for an injunction, or in such other manner as seems likely to be most effective. It shall be the duty of the Inspector of Buildings to render to the City Solicitor all such proper assistance as may be practicable in the premises, by making complaint to court, or otherwise.
Section 15 Certificates of Conformity.
1. It shall be unlawful to use or permit the use of any building or part thereof which is hereafter erected, altered, enlarged, extended, placed, raised or reconstructed, wholly or in part, or re-arranged or converted in its use, until there shall have been issued by the Inspector of Buildings a certificate of con- formity to the effect that such building or part thereof as so erected, altered, enlarged, extended, placed, raised or recon- structed, and such changed or converted and proposed use thereof, conform to the provisions of this ordinance and to any amendments thereof. It shall be the duty of the Inspec- tor of Buildings to issue such certificate of conformity within ten days after a request for the same is filed in his office by any owner, or by any lessee (by parol or in writing), of a building affected by this ordinance provided said build- ing or the part thereof so erected, altered, enlarged, ex- tended, placed, raised or re-constructed, and the proposed use thereof, conform to the provisions of this ordinance. Such certificate of conformity may include an occupation permit.
2. There shall be charged for each certificate of conformity for a single family dwelling and uses accessory thereto a fee of one dollar, and for all other uses a fee of two dollars. Such fees shall be paid into the city treasury and credited to the gen- eral city fund.
3. Pending the issuance of a regular certificate, a temporary cer- tificate of conformity may be issued, to be valid for a period not exceeding six months, during the completion of altera- tions, enlargements or extensions, or during the partial use or occupation of a building pending its completion. Such tem-
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porary certificates shall not be issued except under such re- strictions and provisions as will adequately insure the safety of those using or occupying such building and also the public. No temporary certificates shall be issued so long as such build- ing fails to conform to the provisions of the building ordinance to such a degree as to render it unsafe for the use or occu- pation proposed.
4. If the conditions of use or occupation of any building or of any part thereof, are substantially changed, or so changed as not to be in conformity with the conditions required by a temporary or regular certificate issued therefor, or if the shape or size of the lot upon which a building is located is changed, or if the window area of the ventilation space of a room used for residence or sleeping purposes within a business or general use district shall be reduced, said certificate shall be void and the owner shall notify the Inspector of Buildings who shall order an inspection of such building or lot. If the building then conforms to all the requirements of the then ex- isting building ordinance and of this ordinance as it then stands amended, a new certificate shall be issued as herein provided.
5. If, on any inspection the conditions of a building, or of its use or occupation, are found not to conform to the require- ments of the then building ordinance or of this ordinance as it then stands amended, or to the conditions of an existing cer- tificate therefor, the Inspector of Buildings shall at once is- sue written notice to the owner, specifying the manner in which the building, or its use or occupation, fails to so con- form, and the owner shall at once take steps to make it so conform, as directed by the Inspector of Buildings; and, if it is necessary for the proper protection of its occupants or of the public, he shall order the use or occupation of such build- ing modified, or the building vacated, until its condition is inade satisfactory in conformity with the then building ordi- nance and with this ordintnce as it then stands amended, at which time a certificate shall be issued as herein provided.
Section 16. Board of Appeals.
1. A Board of Appeals is hereby established, which shall consist of the chairman of the Planning Board, the chairman of the Board of Survey, the chairman of the Committee on Protec- tion and Licenses of the Board of Aldermen, the chairman of the Board of Health, and the chief of the Fire Department.
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CITY OF MELROSE
The Inspector of Buildings shall be ex officio the secretary of the Board of Appeals, but shall have no vote. Members of this Board shall serve without additional pay, but their ex- penses shall be paid under an item in the Department of In- spector of Buildings budget. Meetings of this Board shall be held at stated times at least once in each month, except that any such regular meeting may be omitted in case of a written notice by its Secretary to its members, mailed not exceeding three days prior to the date fixed for a given meeting, that at the time of such mailing there is no business to be transacted at the meeting to which such notice refers. Meetings shall also be had at such other times as such Board may determine or upon call of its Chairman or Secretary. The presence of at least three mem- bers shall be necessary for a quorum, and all meetings of such Board shall be public.
2. The Board of Appeals may from time to time require any ap- pellant or petitioner to it to file with it, within a reasonable time from its written request therefor, such plans and in- formation as it may consider necessary for its decision thereon.
Section 17. Appeals.
1. Any person aggrieved under this ordinance by any decision of the Inspector of Buildings may appeal therefrom to the Board of Appeals by giving notice thereof in writing to the Inspec- tor of Buildings or to the chairman of such Board. Such no- tice shall be so delivered in hand or mailed by registered mail, in either case within five days of the action from which the appeal is taken. The date of such mailing shall be considered the date of giving such notice in cases where the method of mailing is adopted.
2. The Inspector of Buildings upon receipt from the appellant, or from the Chairman of the Board of Appeals, of any such appeal. shall forthwith give notice thereof in writing to each member of such Board.
3. The Board of Appeals shall thereafter, within one month from receipt by its chairman of written notice of such appeal, hold a public hearing thereon.
4. The Board of Appeals shall give, or require the appellant to give notice of such hearing by posting notice thereof in a conspicuous place or places on the property which is included
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in the subject matter of the decision from which the appeal is taken, and by sending written notice thereof to the owners of other property affected by such decision, all as provided by clause 1 of Section 14 of this ordinance; and it may prescribe the method of proving such notice. The Board of Appeals may also, for sufficient reason, require the appellant to make one publication of notice of such hearing in a newspaper hav- ing circulation in this city, and whenever such publication is made it shall of itself be sufficient notice to the owners of all other property affected by such decision.
5. The Board of Appeals, after such hearing, may reverse, affirm or modify the decision appealed from, and may thereupon make such further order as the necessities of the case may require.
6. The Board shall keep a record of its proceedings, which shall show how each member voted, or his failure to vote, on any petition, request or appeal.
7. Other city departments shall render the Board such assistance as it may reasonably request.
8. The Mayor and any member of this Board or of the Board of Aldermen or of the Planning Board, shall have a like right of appeal from any decision of the Inspector of Buildings under this ordinance; but no appellant shall vote upon the disposition of his appeal.
Section 18. Definitions.
The following words used in this ordinance shall have the follow- ing meanings :--
1. Private stable. A building or part of a building in which one or more horses are kept for the private use of the owner or tenants of the lot upon which it is situated; or a building or part of a building in which space is let for the keeping of not more than two horses.
2. Gasoline filling station. A building, part of building, lot or part of lot used, in connection with tanks, pumps or other appliances, for supplying motor vehicles with gasoline, com- pressed air, oil, grease, water and similar supplies; but not for making repairs or for storing or parking motor vehicles.
3. Private garage. A building or part of a building in which one or more motor vehicles are kept or stored for the private use of the owner or tenants of the lot upon which it is situated,
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and not for sale; or a building or part of a building in which space is let for the keeping or storage of not more than two motor vehicles.
4. Group garage. A building or part of a building, or group of buildings, other than a private garage, made up of units con- taining provision for keeping or storing not more than two motor vehicles in each unit; but in which no motor vehicles are kept for sale, rent, hire, exhibition or demonstration, or for the carrying of merchandise for profit.
5. Private commercial garage. A building or part of a building in which one or more commercial motor vehicles or trucks are kept or stored for the sole use of the person or persons who use or occupy as a place of business, manufacture or industry the building to which such garage is an accessory or of which such garage is a part.
6. Public garage. Any other building or part of a building in which motor vehicles are kept or stored, or in which re- pairs are made to motor vehicles, or in which heavy machinery is used in connection with making or repairing motor vehicles, or which is used for an automobile school or for a motor vehicle paint shop.
7. Corner lot. A lot situated at the junction of two streets, each of which streets is not less than twenty feet wide. Any part of the width of such lot distant more than seventy feet from such junction shall not be regarded as part of a corner lot, but shall be subject to the provisions of this ordinance respecting interior lots.
8. Interior lot. Any lot or part of a lot other than a corner lot.
9. Height. The perpendicular distance measured in a straight line from the mean curb level in business and in general use districts and also in other districts, except in single and gen- eral residence districts when the mean finished grade of the lot is higher than the curb when it shall be from such mean finished grade, measured in all cases to the highest point of the roof beams, not including in such measurements of. height cornices which do not extend more than five feet above the highest point of the roof beams, nor inclosures for the machinery of elevators which enclosures do not exceed fifteen feet in height from the highest point of the roof beams, nor inclosures for tanks which inclosures do not ex-
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ceed twenty feet in height above the highest point of the roof beams nor exceed in united area ten per cent of the roof area at its mean level.
10. Street. Any right of way dedicated to a public use, public alley, railroad right of way, cemetery or public park, which, in any case, is twenty feet or more in width.
11. Person aggrived, or whose property is affected. These words shall in every case include not only the applicant to the In- spector of Buildings under this ordinance, but also the owners of land abutting on the land which is included in the subject matter of such application, but also the owners of all other land abutting thereon or directly across the street therefrom. But this shall not exclude from the right of appeal any other person whose property rights may in the opinion of the Board of Appeals be affected by a decision of the Inspector of Buildings.
12. Notice. Written notice to all persons aggrieved or whose property is affected, which notice shall specify the time and place of the hearing to be had upon the subject matter thereof. Such notice shall be given in accordance with the provisions of clause 4 of Section 17 of this ordinance. In case of uncer- tainty as to the name or address of any person entitled to notice, the name and address last appearing on the records of the Board of Assessors of this City shall be sufficient.
13. Oznoxious, offensive, injurious, objectionable and dangerous. These words shall each be interpreted as in the opinion of the Inspector of Buildings, subject to revision by the Board of Appeals after notice.
Section 19. . Building Construction Already in Progress.
Nothing herein contained shall require any change in the plans as filed, construction or intended use of the building for which a build- ing permit has heretofore been issued and the construction of which shall have been diligently prosecuted within six months from the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within such six months, and which entire building shall be completed according to such plans within two years from the date of the passage of this ordi- nance; nor shall anything in this ordinance prevent the restoration of a wall declared unsafe by the Inspector of Buildings.
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Section 20. Construction of this Ordinance.
1. Nothing herein contained shall be so constructed as to repeal or modify any existing ordinance or regulation of this City excepting in so far as plainly inconsistent therewith, but shall be deemed to be an addition thereto. Such repeal or modifi- cation shall also be subject to the validity thereof and to Sec- tion 21 hereof.
2. All questions arising under this ordinance are to be decided by the Inspector of Buildings except as othewise therein provided, but with a right of appeal to the Board of Appeals from such decision.
Section 21. Partial Invalidity.
If any section, subdivision, clause or provision of this ordinance . shall be adjudged invalid, such adjudication shall apply only to the section, subdivision, clause or so provision adjudged and the rest of this ordinance shall remain valid and effective; and if any such section, clause or provision shall be adjudged invalid, which section, clause or provision would have been valid if it had not applied to general use districts, such section, clause or provision shall remain valid and ef- fective as to all districts except general use districts.
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FINANCIAL STATEMENT
Appropriations : $150.00
Paid Samuel G. Potter for printing 100 copies of report for the year 1921. $25.00
Paid for membership in the Massachusetts Federation of Planning Boards for the year 1922-23 10.00
Reimbursed Robert L. Briggs for expense in copying a zoning ordinance 10.00
Paid Sara K. Grimes for typing copies of proposed zoning ordinance 8.00
Paid for typing further copies of the zoning ordinance requested by the Committee on Protection and Licenses 6.00
Reimbursed Frank H. Noyes on his expense for paper, stenography and typing in con- nection with preparing zoning ordinance and annual reports 9.01
Paid Samuel G. Potter for printing 100 copies of report for the year 1922 80.00
Paid for postage 1.99
Total $150.00
Index to Auditor's Report
Agency, Trust and Investment Transactions 169 Aldermen 127
Assets and Liabilities 117
Assessments, Street Sprinkling 118
66 Moths 119
Sewer 119
Sidewalks
121
66 Street Betterments 123
Assessors
130
Auditorium
135
Auditor
1.28
Bathhouses
162
Board of Survey 132
Bonded Debt. 113
Cash Account for 1922
116
Celebrations and Entertainments
163
Charities
149
City Clerk
130
City Hall
134
City Physician
132
City Solicitor
131
Collector
129
Commonwealth of Massachusetts 126
Election and Registration 132
Engineering 134
Excess and Deficiency
117
Finances
111
INDEX TO AUDITOR'S REPORT-Continued
Fire Department 137
Forestry 141
Health and Sanitation 143
Highways
146
Inspector of Buildings 139
Inspector of Wires 139
Libraries
156
Mayor
127
Messenger's Meadows
161
Non-Revenue 170
Planning 'Board. 132
Police Department
135
Premium Funds
175
Public Works Department. 133
Public Works Office.
133
Recapitulation of City Debt.
115
Recreation
158
Revenue
117
Sanitation
144
School Department. 152
Sealing Weights and Measures 140
Schedule of City Property 178
Sinking Funds.
177
Soldiers' Benefits 150
Treasurer 128
Unclassified 163
Water Rates
125
66 Income 125
Contents
Assessors
40
Board of Aldermen.
10
Board of Survey
56
Board of Health
214
City Officers
11
City Collector
81
City Clerk
83 85
City Treasurer
111
City Physician
236
Cemetery Committee
100
Fire Department
54
Government of the City of Melrose
9
Inspector of Buildings
43
Inspector of Plumbing
229
Inspector of Animals
230
Inspector of Milk
231
Law Department
63
Moth Department
51
Memorial Building, Advisory Committee Soldiers and Sailors
52
Mayor's Inaugural Address
3
Overseers of the Poor
101
Pine Banks Park, Trustees
47
Public Library Trustees
57
Park Commissioners
65
Police Department
95
Public Works Department
180
Public Health Nursing Service 234
Planning Board 245
Registrars of Voters
49
School Department
19
Schools, Superintendent of 21
Sealer of Weights and Measures 44
Soldiers' Relief Department 80
Sinking Fund Commission 237
Wire Department. 42
City Auditor
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