USA > Massachusetts > Middlesex County > Wayland > Official reports of the town of Wayland 1933-1935 > Part 13
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drainage system but if money is not provided by C. W. A. or other government funds the work will not be started.
Article 22 was taken up at this time.
Voted not to lay the matter on the table.
Vote : Yes 95 No 170
Article 22. To receive a report of the Zoning Committee appointed in accordance with a vote of the Town at the Annual Meeting of 1933, and to see if the Town will adopt zoning by-laws in accordance with the provisions of Chapter 40 of the General Laws and amendments thereto, or take any action rela- tive thereto.
Voted not to adjourn the Meeting.
Voted that the report of the Zoning Committee be accepted and that the sections of the accompanying proposed by-laws and the accompanying proposed zoning map be severally adopted.
The Proposed Zoning By-Laws of the Town of Wayland were severally voted with amendments and were adopted as follows :
ZONING BY-LAWS OF THE TOWN OF WAYLAND Preamble 3
Section I. In order to promote the health, safety, conven- ience, morals, and general welfare of the inhabitants, to lessen the danger from fire, and to improve and beautify the Town, the use, construction, height and area of building and structures and the use of premises are hereby restricted and regulated as herein provided.
Definitions
Section II. In this by-law, the following terms shall have the meanings hereby assigned to them :
(a) A one-family dwelling is a detached dwelling in- tended and designed to be occupied by a single family.
(b) An accessory use or building is a use of land or building customarily incident to and located on the same prem- ises with the use or building to which it is accessory.
(c) A non-conforming use of land or building is an ex- isting use of land or building which does not conform to the regulations for the district in which such use of land or build- ing exists.
(d) A street, as used in this by-law, shall be interpreted
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to mean any public way for vehicular traffic or any private way laid out for or used as a public way for such traffic.
(e) A lot is that area of land described in an application for a permit.
Districts Defined
Section III. For the purpose of this by-law the Town of Wayland is divided into three types of districts designated as :
1. Single residence districts.
2. Business districts.
3. Light manufacturing districts.
Said districts are as shown defined and bounded on the map accompanying this by-law entitled "Zoning Plan, Town of Wayland, Mass., February 19, 1934," signed by the Zoning Committee and on file with the Town Clerk, and said map and all explanatory matter thereon are hereby made a part of this by-law.
In such districts new buildings or structures, and altera- tions, enlargements, or extensions of existing buildings or struc- tures may be designed, arranged, or constructed, and land, build- ing, or structures or parts thereof may be used as specified for each type of district in Sections V, VI, and VII. No other uses shall be permitted in such districts.
Section IV. Existing Buildings. Any building or part of a building which at the time of the adoption of the Wayland Zoning By-Law was and still is being put to a non-conforming use, may continue to be used for the same purpose or for pur- poses not substantially different, and may be repaired, but no such building, if destroyed to the extent of seventy-five per cent of its insurable value, shall be rebuilt, nor shall such buildings be extended or enlarged except after a public hearing by the Board of Appeal following a seven day public notice, as pro- vided in Section V (r), and then only upon order of the Board of Appeal, and otherwise subject to the terms and provisions set forth in such order.
Residence Districts
Section V. No building or premises shall be used and no building or structure shall be erected which is intended or de- signed to be used in whole or in part for any industry, trade, manufacturing or commercial purposes except as provided in paragraph j, or for other than the following specified purposes.
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(a) A single detached dwelling for not more than one family.
(b) The office of a doctor, dentist, or other member of a recognized profession, a teacher or musician or real estate or insurance agent residing on the premises, provided there is no display of advertising except for a small professional name plate.
(c) Customary home occupations, such as dressmaking, or millinery, or tea-rooms, or the letting of rooms, or the taking of boarders, or sale of antiques conducted by resident occupants only ; provided there is no display or advertising visible from outside except for an announcement card or sign of not more than two square feet area. But no dwelling so used shall be constructed or enlarged for the purpose unless specially per- mitted under provisions of paragraph (r).
(d) Schools, public libraries, fire stations, art museums, churches, parish houses, and Sunday school buildings, the build- ings of membership clubs devoted to outdoor sports and social and recreational buildings and premises, except those a chief activity of which is one customarily carried on as a gainful business ; telephone buildings, parks, water supply reservations, soldiers' or sailors' memorial buildings.
(e) Real estate signs, referring only to the premises or tract on which they are located, and having an area not exceed- ing six square feet.
(f) Nurseries, truck gardens, farms, and greenhouses ; provided that any greenhouse heating plant, and any building in which farm or pleasure animals are kept shall be distant not less than twenty feet from any lot line.
(g) Sanitariums or hospitals, not for the insane or feeble- minded, provided that no building be within thirty feet of any lot line.
(h) Public or charitable institutional buildings not of a correctional nature, provided that no building thereon be within thirty feet of any lot line.
(i) Accessory uses customary with or incident to any permitted use and located on the same lot therewith, including garages, and stables under conditions specified by the Board of Appeal.
(j) The term accessory use shall not include any activity conducted for gain or any walk or driveway giving access thereto, or any billboard advertising sign or poster, except for
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small bulletin boards; provided, however, that a builder, car- penter, mason, plumber, painter, roofer, tinsmith, upholsterer, or machinist, who lives and maintains a home on the premises, may use an accessory building in connection with his trade under a yearly permit from the Board of Appeal on condition that no manufacturing or other business requiring substantially contin- uous employment be carried on therein, and that the other con- ditions of section (r) be complied with.
(k) No accessory building shall be occupied for residence purposes, except that an upper floor of a garage or stable may be occupied by an employee of the owner or tenant of the premises.
(1) Railroad passenger stations or rights of way includ- ing customary accessory services therein ; not including switch- ing, storage or freight yards or sidings.
(m) Cemeteries, including any crematory therein.
The Board of Appeal may under restrictions which will carry out the provisions of this by-law and tend to protect and improve the neighborhood issue the following permits :
(n) Boat or canoe livery, subject to provisions of para- graph (r).
(o) For yearly terms only, a roadside stand for the sale of the produce of the land of the owner and of other land within the Town, provided that the front yard regulations and all other conditions imposed by the Board of Appeal are complied with.
(p) Private garages for more than three cars, and stables having horses for hire.
(q) The removal of sod, loam, sand, gravel, or quarried stone for sale except when incidental to and in connection with the construction of a building for which a permit has been issued shall be permitted only if permission of the Board of Appeal be obtained in accordance with the procedure provided in para- graph (r) and only under such conditions as the Board may impose, but nothing contained in this section shall prevent the continued use of any land for the purpose for which it is used at the time this section takes effect or prevent the use of any land for farms, gardens, nurseries, cemeteries, parks, play- grounds, and such purposes as are incidental to or usual in con- nection with any of said purposes.
(r) Permits by Board of Appeal Required
Where special permits by the Board of Appeal are
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required under this and other sections, the building inspector or other person designated by the Selectmen to issue permits as hereinafter provided shall issue no permit until so directed in writing by the Board of Appeal. Upon application for such a permit the Board shall give not less than seven (7) days' public notice by publication in a newspaper and by mail to the applicant and to the owners of all property deemed by the Board as affected by such a permit, and shall hold a hearing and render a decision. The applicant shall show to the satisfaction of the Board that the use of the premises for which application is made shall not constitute a nuisance because of noise, vibration, smoke, gas, fumes, odor, dust or other objectionable features, and that such use shall not otherwise be injurious to the inhabitants or their property, or dangerous to the public health or safety. When not so satisfied the Board shall refuse a permit. When, in the opinion of the Board, such a permit may be granted if accom- panied by conditions specially designed to safeguard the district and the Town, it shall impose such conditions and make them a part of the decision, and they shall be made a part of the permit issued by the building inspector.
Business Districts
Buildings or premises in a business district may be used for the following purposes and no others.
Section VI.
(a) Any use permitted in a residence district.
(b) Dwelling, including apartment house or tenement house and hotel.
(c) Bank or office.
(d) Place of amusement or assembly.
(e) Public building.
(f) Gasoline filling stations and oil stations, salesrooms for motor vehicles, garage repair shops and stables. Every gasoline filling station shall hereafter be located so that no filling shall be done except into cars standing on the property of the filling station.
(g) Any other retail business or service not involving manufacture on the premises, except of products the major pur- tion of which is to be sold at retail by the manufacturer to the consumer on the premises, and provided further that not more than five operatives shall be employed in such manufacture, but this section shall not be interpreted to include an airplane landing field.
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Light Manufacturing Districts
Buildings or premises in a light manufacturing district may be used for the following purposes and no others.
Section VII.
(a) Any purpose permitted under Sections V and VI
(b) Lumber, fuel, feed and ice establishments, contrac- tors' yards.
(c) Light manufacturing, employing electricity and/or other unobjectionable motive power, utilizing hand labor and/or unobjectionable machinery and/or processes and free from neighborhood disturbing odors and/or other agencies.
(d) No permit shall be granted under (b) and (c) of this section except with the written approval of the Board of Ap- peals and subject to the provisions of Section V (r).
Height Regulations
Section VIII.
a-Residence districts
(1) The limit of height of all buildings in residence districts shall be two and one half stories, not to exceed thirty- five feet, except that schools and on lots of five acres and over dwellings may be three stories high.
(2) The limitations of height in feet shall not apply to chimneys, ventilators, skylights, tanks, bulkheads, pent-houses and other necessary features usually carried above roofs, nor to towers or spires of churches and other buildings, if such features are in no way used for living purposes.
b-Business and Light Manufacturing districts
(1) The limit of height in business and light manufactur- ing districts shall be three stories, not to exceed forty feet and the provisions of paragraph a (2) shall apply.
Area and Yard Regulations
Section IX.
(a) No building or structure in any district shall extend within thirty feet of any street line, except that ground story porches or projections may extend within twenty feet of any street line and a two story porch, unenclosed at least half of the year, may project six feet into the front yard.
(b) And further, no building or structure in any district shall extend within fifty feet of centre line of said street, whether accepted or not except as herein before provided.
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(c) In residence districts where there are two or more then existing buildings between two intersecting streets and within two hundred feet of the lot in question, any building or structure on the lot may extend as near the street line as the average alignment of such then existing buildings except that when such existing buildings are more than thirty feet from street line, a new building shall extend only as near the street line as the average setback of the existing buildings.
(d) On a corner lot no planting, structure, or part of a building shall extend within twenty feet of any corner street line intersection so as to interfere with the traffic visibility around the corner.
(e) Any building lot hereafter laid out in a residence dis- trict shall contain a minimum of ten thousand square feet, and shall have a frontage of not less than eighty feet on any street line.
(f) Dwellings hereafter erected on land not fronting on a street shall have not less than the minimum lot area as pro- vided.
Back Yards
(g) Behind every dwelling there shall be provided a back yard between the rear line of the house and the rear lot line, not less than thirty feet in depth. A back yard may contain acces- sory buildings not over one and one-half stories high and ¿ covering not over thirty per cent of its area.
Side Yards
(h) At each side of every dwelling there shall be a side yard not less than fifteen feet in clear width, between the side of the house and the side lot line, except in specific cases when existing lots are less than the minimum width prescribed in this by-law. In such cases a side yard not less than ten feet in width may be permitted by the Board of Appeal.
Yards for Non-Residential Buildings
(i) Any use, not residential or accessory, shall observe all provisions of this by-law in regard to depth and width of yards as applied to dwellings.
Percentage of Lot Covered
(j) The percentage of lot which may be covered by any building shall in no instance exceed the following :
1. In residence districts 20%.
2. In business districts 70% of a corner lot and 75%
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of an interior lot, providing that no rear yard of a building hereafter erected shall be less than fifteen feet in depth. The open space required in this paragraph shall be located in such a way as, in the opinion of the building inspector or other permit issuing officer as hereafter provided, to properly light and ven- tilate the building, and to provide access in case of fire.
Board of Appeal
Section X.
a-A Board of Appeal of three members to be appointed by the Selectmen is hereby created under provisions of Chapter 40 of the General Laws and amendments thereto to assume the duties and powers given to such Board hereinbefore stated and further powers as follows :
1. To adapt the requirements of this by-law to irregular, narrow, or shallow lots or those unusual either in shape or topography, provided that the spirit and intent of this by-law with regard to open spaces is preserved.
2. To permit a substitution for or an extension or alter- ation to an existing building whether conforming or non-con- forming in accordance with provisions on use.
3. To grant temporary and conditional permits of lim- ited duration for non-conforming uses and buildings incidental to development operations.
4. Permit conversion of a one-family house existing at the time this by-law is adopted into a two-family house.
5. Permit enlarging an old or locating a new ice house as needs may require, with such conditions as will protect the community.
Enforcement
Section XI.
Until such time as the Town may adopt by-laws providing for a building inspector, upon the adoption of which the duties of issuing permits under this by-law shall automatically devolve upon him, the Board of Selectmen may designate a suitable per- son to issue permits under this by-law, and to administer its provisions.
He shall approve no application of any kind, plans and specifications and intenden use for which are not in all respects in conformity with this by-law.
Applications for permits shall be accompanied by an adequate description of lot, present buildings thereon, and loca-
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tion of proposed building on the lot, together with plans for proposed buildings, and shall in all cases comply with the pro- visions of this by-law.
Voted to adjourn the Meeting until March 14, 1934.
Voted to adjourn the Meeting at 11.45 P. M.
On March 14, 1934, at 7.45 P. M. the Meeting reconvened and did the following business.
Article 22. Map for Zoning By-Laws.
Voted to accept the Map submitted with the Zoning By-Laws and to adopt the same with the following amendments.
Voted that the Zoning Map as presented by the Zoning Committee be amended by extending the business district on the south side of State Road West at Wayland Center from Pelham Island Road easterly to land of the Town of Wayland, said extension to have a depth of 150 feet from the street line, or to extend to the line of Town land to the south, in case such depth shall be less than 150 feet.
Voted that the Wayland Zoning Plan be amended so as to include in the business district all land on the northerly side of West Plain Street from the corner of Main Street to the wester- ly boundary of land of Mary A. Griffin, and to a depth of 150 feet from the street line.
Article 21. To see if the Town will appropriate and assess a certain sum of money for the purpose of replacing wooden mains now in use along Old Connecticut Path and Sycamore Road, also for installation of valves and hydrants, or do or act.
Voted unanimously that the Board of Water Commission- ers be and they hereby are authorized to replace the wooden mains now in use along Old Connecticut Path and Sycamore Road with six-inch cast iron pipe, and to install the necessary valves and hydrants in connection therewith, and that there be and hereby is appropriated and assessed the sum of $6,500 for said purpose, the work not to be begun before June 1, 1934, unless C. W. A. or other Federal funds are obtained for a por- tion or all of the labor costs of said project, and that if said Federal funds are obtained the portion of said appropriation equal to such Federal funds shall not be assessed and that only the amount of said appropriation over and above the amount of said Federal funds so obtained be appropriated and assessed and included in the tax levy.
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Voted to return to Article 3.
Vote : Yes 167
No 6
Voted that the Budget as prepared by the Finance Com- mittee be restored to same amounts as originally written with the exception of the amount as amended for snow removal to $5,500.
Voted to return to Article 1.
Vote : Yes 120
No 36 No action taken under Article 1.
Article 23. To see if the Town will vote to direct the Selectmen to appoint a committee of three or more citizens to co-operate with the Mass. Forest and Park Association in the detection and eradication of the Dutch Elm Disease.
Voted unanimously that the Town authorize the Board of Selectmen to appoint a committee of three to co-operate with the Massachusetts Forest and Park Association in the detection and eradication of the Dutch Elm Disease.
Article 24. To see if the Town will appoint a committee of three to study the needs of installing a vault in the Town Hall, and to study the need of employing a clerk to assemble town records, et als.
Voted unanimously that the Moderator appoint a Commit- tee of five to study the need of installing a vault in the Town Hall, and to study the need of employing a clerk to assemble town records, said committee to report at the next annual Town Meeting.
Committee : Treasurer, Selectmen and Town Clerk.
Article 25. To see if the Town will vote to choose a com- mittee of three for the purpose of ascertaining if any arrange- ment can be made whereby a part of the interest income of the Parmenter Hospital Fund could be made available for the pay- ment of hospital bills incurred by any needy or worthy citizen of the Town at any hospital that may be required, or take any action relative thereto.
Voted unanimously that the Moderator appoint a committee consisting of three citizens of the Town whose duty it shall be to co-operate with the Harvard Trust Company, Trustee of the Parmenter Hospital Fund in its petition for instructions in regard to its duties as such Trustee, and in particular to ascer- tain the desires of the Inhabitants of the Town and to endeavor to secure authority for the Trustee to utilize a portion of the
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income from said Trust for the benefit of citizens of the Town needing hospital treatment at any hospital in the vicinity.
Committee : J. Sidney Stone, John Connelly and J. Fred Wheeler.
Article 26. To see if the Town will authorize the Engin- eers of the Fire Department to sell all junk of the Fire Depart- ment, from time to time, with the approval of the Selectmen.
Voted unanimously that the Engineers of the Fire Depart- ment are hereby authorized to sell all junk of the Fire Depart- ment, from time to time, with the approval of the Selectmen.
Article 27. To see if the Town will appropriate and assess seven thousand dollars ($7,000.00) for the purchase of certain fire apparatus to replace existing apparatus, and to borrow a portion thereof, such portion thereof as may be deemed desir- able, or do or act.
Voted that the sum of $3,000.00 be appropriated and assessed for the purchase of one piece of apparatus for the Fire Department and that the Board of Fire Engineers and the Board of Selectmen be the committee to purchase the apparatus.
Article 28. To see if the Town will vote to extend a six inch water main with necessary fire hydrants, gates and fittings, from Concord Road on Ox Bow Road about 1500 feet, as far as the residence of George N. Sherman and others, or take any action relative thereto.
Voted to accept the Report of the Water Board on this extension.
Voted to pass over the Article.
Article 29. To see if the Town will vote to extend a six inch water main with fire hydrants, gates and fittings. along Waltham Road; from Concord Road to the residence of Leslie B. Reid, a distance of 500 feet more or less, and raise and appropriate money therefor, or do or act.
Voted to pass over the Article.
Article 30. To see if the Town will appropriate a sum of money to extend a six inch water main from Old Connecticut Path along Hawthorne Road, a distance of 1,000 feet, or do or act.
Voted to pass over the Article.
Article 31. To see if the Town will appropriate and assess a certain sum of money for a six inch water main, with neces-
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sary hydrants and valves running from Old Connecticut Path along Stone Bridge Road, to Riverview Terrace and including Overlook Road, Riverview Circle and Shore Drive, or do or act.
Voted to pass over the Article.
Article 32. To see if the Town will appropriate and assess a sum of money to install a street light on Commonwealth Road (East) in front of Commonwealth Road Filling Station, or do or act.
Voted that the matter be referred to the Selectmen.
Article 33. To see if the Town will vote to purchase a small delivery truck for use of the Highway Department and to appropriate a sum of money to pay for the same, or do or act.
Voted unanimously that $300.00 be taken from the High- way Appropriation, Highway & Bridges, for the purchase of a Delivery Truck for the use of the Highway Department.
Article 34. To see if the Town will authorize the High- way Surveyor, with the approval of the Selectmen to sell, trade, or otherwise dispose of the Four Wheel Drive three-ton truck, or do or act.
Voted unanimously that the Highway Surveyor, with the approval of the Selectmen, is hereby authorized to sell, trade, or otherwise dispose of the Four Wheel Drive three-ton truck.
Article 35. To see if the Town will authorize the High- way Surveyor, with the approval of the Selectmen, to sell, trade, or otherwise dispose of the gravel loading machine, or do or act.
Voted unanimously that the Highway Surveyor, with the approval of the Selectmen, is hereby authorized to sell, trade, or otherwise dispose of the gravel loading machine.
Article 36. To see if the Town will authorize the High- way Surveyor, with the approval of the Selectmen, to sell, trade, or otherwise dispose of the Fordson Tractor, or do or act.
Voted unanimously that the Highway Surveyor, with the approval of the Selectmen, is hereby authorized to sell, trade, or otherwise dispose of the Fordson Tractor.
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