USA > Massachusetts > Norfolk County > Plainville > Plainville, Massachusetts annual reports 1951-1959 > Part 60
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Section 15. No person shall extinguish, damage or break any street light or electric bulb, or remove any light placed to warn the public against an obstruction or defect in any street or public way, unless such person authorized by those having charge of such light, or of the street or way.
Section 16. The Superintendent of Highways or other officer hav- ing charge of ways, for the purpose of removing snow, or removing ice, from any way, may remove, or cause to be removed, to some con- venient place, including in such term a public garage, any vehicle in- terfering in such work, and the owner of such vehicle shall be respon- sible for the cost of such removal and all storage charges, if any, result- ing therefrom.
ARTICLE XVI
Traffic Regulations
Section 1. The Board of Selectmen shall make such rules, orders, and regulations as they, in their opinion, may deem necessary and ex- pedient for the regulation of carriages and vehicles used and operated in the Town of Plainville.
Section 2. Such rules, orders, and regulations shall not take ef- fect until they have been published at least once in a newspaper hav- ing a regular circulation in said Town of Plainville.
ARTICLE XVII
Soil, Loam, Sand, or Gravel Removal
Section 1. The removal of soil, loam, sand or gravel from any parcel of land not in public use in the Town of Plainville, except as hereinafter provided, shall be allowed only after a written permit
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therefor is obtained from the Board of Selectmen after a public hearing of which due notice is given.
Section 2. No permit shall be required for the continuous oper- ation on any parcel of a sand or gravel pit in operation at the time this By-Law is adopted, provided such operation is not thereafter dis- continued for more than one year; and no permit shall be required for the removal of soil, loam, sand or gravel from any parcel of land when incidental to and in connection with the construction of a building on the parcel.
Section 3. In issuing a permit under this by-law, the Board of Selectmen may impose such conditions not specifically provided for herein as it may deem necessary for the adequate protection of the neighborhood and the Town. Any conditions imposed by the Board shall be attached to and made a part of the permit. The Board may, in its discretion, require a bond, certified check or other security for compliance with said conditions or as evidence of good faith as to the completion of any proposed construction. The Board may, after a pub- lic hearing on proof of violation of any condition, revoke any permits so issued. No permit shall be issued under the provisions of this by- law for a period of more than three years.
Section 4. Penalties. The penalty for violation of any provision of this article shall be Fifty ($50.00) Dollars for the first offense, One Hundred ($100.00) Dollars for the second offense, Two Hundred ($200.00) Dollars for each subsequent offense.
ARTICLE XVIII Street and Water Regulations
Section 1. No street or way, or any part thereof, shall be accepted by the Town until water mains and adequate drains have been installed and the street brought to proper grade and surfaced as determined by the Board of Selectmen.
Section 2. All water extensions in unaccepted streets of the Town shall be made at the expense of the owners of the property to be serviced thereby. The department in charge of extending the service in question may, if it deems advisable, require that a deposit be made with the Town Treasurer to cover the estimated cost of such extensions.
ARTICLE XIX
Section 1. Every violation of the foregoing By-Laws shall be punished by a fine of not more than Twenty ($20.00) Dollars, except as is otherwise provided by law.
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Section 2. All penalties for the violation of these By-Laws may be recovered by complaint before any court, or magistrate of the Coun- ty, having jurisdiction of criminal offenses committed within the Town, and the penalties so recovered shall be paid into the Treasurer of the Town. But no prosecution shall be commenced after six (6) months from the time of such violation, unlesss otherwise provided by law.
ARTICLE XX
Repeal and Amendment of the By-Laws
Section 1. These by-laws may be altered, repealed, or amended by a two-thirds vote at any Annual Town Meeting or at any other Town Meeting specially called for the purpose, an article, or articles for such purpose having been inserted in the warrant for such meeting.
ARTICLE XXI
Effective Date of By-Laws
Section 1. These by-laws shall take effect upon their publication or posting, acceptance and approval as required by law, and all the by-laws previously adopted by the Town of Plainville are hereby re- pealed upon the date of such publication or posting, acceptance and approval.
Separability Clause
If any provision herein, or the application of such provision to any person or circumstance shall be held invalid, the validity of the re- mainder of this set of by-laws, and the applicability of such provision to other persons or circumstances shall not be affected thereby.
or do or act in any manner relative there to. (2/3 vote.) (By-Law Committee)
ARTICLE 37. To see whether or not the Town will vote to rescind Amendment to Article III Section 6 of the Town By-Laws, or do or act in any manner relative thereto. 2/3 vote.
ARTICLE 38. To see if the Town will vote to adopt the follow- ing Building By-Laws, or do or act in any manner relative thereto. 2/3 vote.
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BUILDING BY-LAWS OF THE TOWN OF PLAINVILLE 1956 TOWN MEETING
SECTION 1. The povisions of these regulations shall relate to the construction, alteration and maintenance of buildings and other structures within the limits of the Town of Plainville, County of Nor- folk, except such as are owned and occupied by the Commonwealth of Massachusetts, or by any County; and also excepting bridges, quays and wharves. Its provisions are intended to be carried out in a man- ner as will best promote the health, safety, convenience and welfare of the inhabitants, and to lessen the danger from fire.
SECTION 2. If no other penalty for violations is provided, whoever violates any of the provisions of these regulations shall be liable to a fine of not less than fifty, nor more than one hundred dollars.
SECTION 3. If any section, or paragraph, or provision or por- tion thereof contained in this By-Laws is invalid, the validity of the remainder shall not be affected thereby.
SECTION 4. The Board of Selectmen shall appoint an Inspector of Building who shall be an inhabitant in the Town of Plainville to serve during the pleasure of the Board. His compensation shall be fixed by the Board of Selectmen within the limits of the appropri- ation made by the Town for that purpose.
SECTION 5. The Building Inspector shall be charged with the inspection of building and the enforcement of the statutes of the Com- monwealth and these by-laws and such other duties as are imposed by the statutes. He shall keep a record of the business of his office, shall submit to the selectmen a yearly report of such business and such other reports as they may call for. Subject to the provisions of the Statutes of the Commonwealth and by-laws of the Town, the in- spector of buildings shall grant permits for the erection, alterations, or moving of buildings, and no building, structure or foundation shall be built, altered or moved without such a permit. He shall have the right of entry at any reasonable time in the performance of his duty to examine and inspect such premises, buildings or other structures.
SECTION 6. Every person intending to build, construct, re- construct or alter any building, structure or foundation, shall before commencing the same, file with the Inspector of Buildings, an appli- cation for a building permit on a form provided therefore, and shall at any time, if required by the Inspector of Buildings or Board of Selectmen, file the plans, specifications and details of the intended building, construction or alteration. This shall be in addition to such
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permits as may be required by the laws of the Commonwealth for spe- cific classes of buildings.
SECTION 7. All permits shall be void if operations thereunder are not commenced within 90 days after the date of permit or if the operations thereunder are discontinued for a period of more than six months. Subject, however, to strikes and delays of materials. A no- tice of permits granted shall be posted by the Inspector of Buildings forthwith by the owner of the premises.
SECTION 8. No building, structure or part thereof shall here- after be constructed except in conformity with the Statutes of the Commonwealth and these by-laws and no building already erected or hereafter built shall be raised or built up in such a manner that were such building wholly built or constructed after passage of these by- laws, it would be in violation of any provisions thereof, and no build- ing or structure shall be moved to any location where its construction would be in violation of the provisions of the Statutes of the Common- wealth and these by-laws. Any alteration, addition to or re-construc- tion of any existing building or structure already erected or hereafter defined, shall to the extent of such work be subject to the provisions of these by-laws.
SECTION 9. Certain words are defined for the purpose of these by-laws as follows:
Alterations: Any change in a building not constituting a repair. (See definition of repair.)
Repair: Replacement or removal of any part of a building or change therein which does not change the construction or appearance or involve the erection of exterior walls, roof, chimneys or stairways, and does not violate any requirement of these by-laws.
Fire-Resisting Building: A fire-resisting building is one having all exterior and party walls, vertical or weight bearing supports, floors and floor construction, inside walls, partitions and stairways, roof and roof structures, bays, cornices, and projections or brick, concrete terra- cotta or other incombustible materials. Doors and window frames, sash interior trimmings and hand-rails for stairs may be of wood. Nailing strips, sleepers and furring if bedded in concrete or mortar may be of wood.
Slow-Burning Building: A slow-burning building is the same as a fire-resisting building except for the following which may be of wood; roof structures if covered with incombustible materials; interior
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columns, partitions and floors with a layer of fire-proof paper between upper and lower floors; roof structures, bays and similar projections if covered with similar materials.
Wooden Building: A building of which the exterior walls or a part thereof are of wood.
Story of a Building: That part of a building above the basement or cellar and between the top of any tier or floor beams and the top of the tier or floor of roof beams next above.
Dwelling: A building used or constructed or adopted to be used for human habitation.
SECTION 10. (A) Every wooden building shall have all parts of sufficient strength to carry the weight of the super-structure and the superficial loads and shall be built with sills, posts, girts or ledger boards, studs, and plated all properly framed; braced and secured to the satisfaction of the Buitding Inspector.
(B) The girders shall be 48 square inches of solid or built-up construction. For one story buildings, such girders shall be supported by columns or posts not more than 8 ft. on centers; for one and one- half or two story buildings, not more than 6 ft. 6" on centers. All sills, when the same are used, shall not be less than 4"x6" or may be of built up construction.
(C) Plates shall not be less than 4"x4" and may be of built-up construction. Ledger boards and ribbon boards shall be not less than 6"x1" and shall be let in with the studs in the full thickness. Floor joists resting on ribbon boards shall be spiked into studs by at least three spikes.
(D) Studding in outside wall shall be not less than 2"x4" in size and spaced not over 16" on centers. Such studding over 9 ft. in height shall be connected by girts or ledger boards, or shall be 2"x6" in size and spaced not over 16" on center. Studding in main and carrying partitions shall be not less than 2"x4" and placed 16" on centers and shall run down to the girders or shall rest on partitions shoes where the partitions cross the floor joists. Studding on each side of all open- ings over 4 ft. in width in all wall and partition openings shall be doubled. Bearing partitions over 12 ft. in height shall be bridged at least once in each 6 ft. of heights. Openings in outside walls and in partitions shall be trussed if the inspector so requires,
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(E) Floor joists shall be spaced as to the following table:
Span
Size of Timber
Up to 10 feet
2 × 6
10 feet to 14 feet 2 × 8
14 feet to 18 feet 2 × 10
18 feet to 20 feet
2 × 12
All floor joists shall be properly bridged for each 8 each of their un- supported length. All joists under and parallel with partitions shall be doubled.
(F) If attic space above ceiling is to be used for living purposes, or is suitable for future living purposes, the ceiling joists shall be the same as the floor joists. If attic is not suitable for living purposes the following table may be used:
(1) Rafters over 18 ft. long shall be not less than 2x6.
(2) Rafters over 20 ft. long shall be determined by the Building Inspector.
Ceiling Joists: Ceiling joists shall be spaced as to the following table:
Span
Size of Timber
Up to 10 feet
2×4 20" on centers
10 feet to 15 feet 2×6 20" on centers
15 feet to 20 feet
2×8 20" on centers
SECTION 11. Where minimum timber sizes are given, they shall be taken to refer to the normal size or stock size.
SECTION 12. Materials or methods of construction equivalent to those required by the provisions of these by-laws may be allowed in place thereof by the Inspector of Buildings if he is satisfied that the proposed materials and methods of construction are equivalent to that required by these by-laws.
SECTION 13. No woodwork shall be nearer than 1 inch to any chimney and no timber or woodwork shall be within 2 inches of the backwall of any fireplace. The header beam, carrying the tail beams of a floor and supporting the trimer arch in front of the fireplace shall not be less than 18" from the finished chimney breast.
SECTION 14. In all buildings hereafter erected, all stud walls, partitions, furring and spacers between joists, when they rest on di- vision walls, bearing partitions, shall be fire-stopped in a manner to
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cut off concealed draft openings and form an effectual horizontal fire barrier between stories and between a top story and the roof.
SECTION 15. Every building or structure, except as hereinafter provided, shall be supported on masonry piers, metal posts and have foundations of brick, concrete or cement blocks. All foundations shall extend 2 feet 6 inches below any adjoining surface exposed to frost un- less they rest on solid ledge and in all other cases they shall extend to firm ground satisfactory to the Inspector of Buildings. Footings are not required where solid ledge exists. The Inspector may forbid the use in masonry foundation walls of unbroken round boulder stones of such size or such quantity as will in his opinion make the wall unsafe.
SECTION 16. Porches and piazzas if supported from the ground shall have suitable foundation of cement core, iron pipe or masonry piers built on firm ground and extended not less than 2 feet 6 inches in thickness nor be less than 6 in. wider than the wall to be placed theron.
SECTION 17. No foundation or cellar wall shall be less than a true thickness of 8 inches and shall have footings of solid masonry of not less than 6 inches in thickness nor be less than 6 inches wider than the wall to be placed thereon.
SECTION 18. Concrete masonry walls shall not be less than 8 inches thick. If concrete blocks are used they shall be laid on a concrete footing. Footings should not be less than 6 inches wider than the blocks to be placed thereon. Concrete footings for Lally Columns or masonry piers shall not be less than 8 inches in thickness and less than 2 feet square.
SECTION 19. Structures not exceeding 10 feet in height not for human habitation, if built of wood, sheet metal, or similar light ma- terial may be set upon wooden posts or mud sills.
SECTION 20. No portion of any building of other than fire- resisting or slow-burning construction, except the eaves of a roof or a down-spout shall be hereafter constructed, erected or placed within 6 feet of the side line of a lot on which it stands unless the walls of the said building facing such adjoining sidelines is constructed of ma- sonry at least 8 inches thick, or the space between the studding filled in flush with brick and mortar or with similar incombustible material satisfactory to the Inspector of Buildings, from the sill to the plate or to the peak of the gable as may be the case.
SECTION 21. No portion of any building other than one of a fire-resistant or slow-burning construction, except the eaves of a roof
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or a down spout, shall be hereafter constructed, erected or placed nearer than six feet to the rear line of any lot on which it is to stand, except that a private garage for not more than three cars may be placed no nearer than three feet thereto, unless the wall of said build- ing facing such rear line is constructed of masonry at least 8 inches thick, or placed between the studding filled in flush with brick and mortar or with other similar incombustible material satisfactory to the Inspector of Buildings, from the sill to the plate or to the peak of the gable as the case may be.
SECTION 22. No portion of any building other than one of a fire-resistant or slow-burning construction, except the eaves of a roof or a down spout shall be hereafter constructed, erected, or placed nearer than 6 feet from a building of fire-resisting or slow-burning construction situated on the same lot and within 15 feet of any portion of any other wooden building other than that of fire-resisting or slow- burning construction, except the eaves of the roof or down spout, on the same lot unless the wall of said building facing adjoining building is constructed of masonry at least 8 inches, or the space between the studding is filled in flush with brick and mortar or with other similar incombustible material satisfactory to the Inspector of Buildings, from the sill to the plate or to the peak of the gable as may be the case.
SECTION 23. The Building Inspector shall have power in his discretion to waive any or all requirements of these by-laws other than those required by any statute of the Commonwealth in the case of small dairy rooms, root cellars, poultry houses, farm and storage sheds; garage for not more than two automobiles, and other similar small structures, provided the same are so located on the owners' property as not to menace the property of another.
SECTION 24. Notwithstanding any of the preceding require- ments, private garage for not over two automobiles may be located beneath or in direct contact with the walls of any dwelling, provided however that all walls between said garage and dwelling area be of fire resisting material.
SECTION 25. No part of a garage unless contained within the body of a dwelling shall be built within 20 feet or a distance equal to 35% of the main depth of the lot, whichever is less, from the front line of the lot.
SECTION 26. No building of over two stories exclusive of the attic shall be built of wooden or frame construction.
SECTION 27. No portion of a dwelling except eaves, downspout and uncovered steps shall be built or erected within 20 feet from the
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nearest exterior line of any public way or any private way shown on a plan approved by the Board of Selectmen or its successors, or of a way open for public use.
SECTION 28. No portion of a building, except as provided for dwelling houses as set out in section 27 of these by-laws, and for garages as set out in Section 25, with the exception of eaves of a roof, downspouts, and covered steps, shall be built or erected nearer than 15 feet from the nearest exterior line of any public way or private way shown on a plan approved by the Board of Selectmen or its suc- cessors, or of a way open for public use.
SECTION 29. No dwelling shall be hereafter built, erected or placed on lots less than 125 feet in width, and 100 feet in depth, except as provided in the following section.
SECTION 30. The Board of Selectmen, after hearing, may direct the Inspector of Buildings to issue permits for the construction or placing of dwelling houses upon any lots less than 125 feet in width and 100 feet in depth, subject, however, to the other requirements of these by-laws and provided:
Such lot on the effective date hereof and any time hereafter does not adjoin other land of the same owner available for use in connec- tion with said lot.
SECTION 31. No building shall be hereafter constructed or altered to be used for human habitation unless the same has two or more separate rooms, having a total area of 480 sq. ft. on the first floor, excepting the bath.
SECTION 32. All chimneys shall be built of brick, stone or re- enforced concrete or chimney blocks, the walls of which shall be not less than 3 and 3/4 inches and have terra-cotta flue lining. Chimneys shall extend at least 2 feet above the highest point at which they come in contact with the roof of the building. Chimneys shall be built upon concrete or solid masonry foundations. The footing for an exterior chimney shall start below frost line.
SECTION 33. The back and sides of fireplaces hereafter erected shall be of approved masonry or re-enforced concrete of not less than 8 inches in thickness and shall have a lining of firebrick or other ap- proved material of not less than 4 inches in thickness. Wooden centers used in the construction of that part of the supporting arch below the hearth of the fireplace inside of the chimney breast, shall be removed when the construction of the arch is completed and before plastering on the underside.
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SECTION 34. No building which has not been used for human habitation prior to March 1, 1957, shall be used for human habitation unless such building complies with the provision of these by-laws gov- erning the construction and alteration of buildings to be used for human habitation.
SECTION 35. Smoke pipes shall enter chimneys through a fire, clay or metal thimble or flue ring of masonry. No smoke pipe shall pass through a floor nor through a roof unless such roof is of fire-proof construction or of semi-fireproof construction. Smoke pipes shall not pass through combustible partitions; provided that the smoke pipes from ordinary ranges and stoves may do so if they are guarded by double metal ventilating thimbles, two inches larger in diameter than the pipe or by steel tubes built in brickwork or other approved fire- proofing material extending not less than 8 inches beyond all sides of the tubes.
SECTION 36. Every building having a basement, cellar, crawl space or similar area below the first tier of floor beams shall have adequate means of access to such area directly from the exterior of such building.
SECTION 37. REPEAL AND AMENDMENT OF THE BY-LAWS -These by-laws may be altered, repealed, or amended, by a two- thirds vote at any Annual Town Meeting or at any other Town Meet- ing specially called for the purpose, an article, or articles for such purpose having been inserted in the warrant for such meeting.
SECTION 38. EFFECTIVE DATE OF BY-LAWS - These by- laws shall take effect upon their publication or posting, acceptance and approval as required by law, and all the by-laws previously adopted by the Town of Plainville are hereby repealed upon the date of such publication or posting, acceptance and approval.
SECTION 39. SEPARABILITY CLAUSE - If any provision herein, or the application of such provision to any person or circum- stance shall be held invalid, the validity of the remainder of this set of by-laws, and the applicability of such provision to other persons or circumstances shall not be affected thereby.
or do or act in any manner relative thereto. (2/3 vote.) (By-Law Committee)
ARTICLE 39. To choose any committee and to hear the report of any committee and act thereon.
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And you are directed to serve this Warrant, by posting up attested copies thereof in seven (7) Public Places in said town, seven (7) days at least before the time of holding said meeting.
Hereof fail not, and make due return of this Warrant, with your doings thereon, to the Town Clerk, at or before the time and place of said meeting as aforesaid.
Given under our hands this fifth day of February in the year of our Lord one thousand nine hundred and fifty-eight.
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