USA > Massachusetts > Franklin County > Leverett > Record of Town Meetings and Elections, 1955-1974 > Part 17
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VOTED: That the foregoing vote shall supersede any and all prior votes of the town relating to the time, place or manner of giving notice of or holding annual or special town meetings. "
The foregoing assumes that no substantial changes in the present rules are desired. It may be that the town will want to adopt new rules. If so they could be prescribed under an article worded as above.
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ROPES & GRAY
Miss Harriet I. Perry, Town Clerk -3-
April 12, 1967
We offer these suggestions only by way of comment and to give you the benefit of our thoughts resulting from our examination of Leverett town meeting records. We would be pleased to discuss these suggestions further if you should have any questions.
Very truly yours, Henry L. Hall, Jr.
HLHjr:k
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ROPES & GRAY 225 FRANKLIN STREET BOSTON 02110
CABLE ADDRESS "ROPGRALOR"
AREA CODE 617 423-6100
April 12, 1967
Miss Harriet I. Perry, Town Clerk Town Hall Leverett, Massachusetts
Dear Miss Perry:
As you are undoubtedly aware, certain questions have arisen during our examination of records of towr meetings in Leverett at which action relating to the amherst-Pelham Regional School District was taken. The main problem relates to the first vote taken under Article 16 at the annual town meeting held on February 6, 1939 which provides
that a notice of regular and special meetings be inserted in the Greenfield paper, also in the Springfield Union.
we understand that this vote has never been treated in the town as requiring a formal lagal notice of meetings to be pub- lished in either paper, rather that information has been given to the local reporters of the papers for insertion as news items. also understand that because there is no longer a local reporter for the springfield Union and because items often appeared in the city edition rather than the Franklin County edition of that paper, no attempt is now made to have publication in that paper. we have considered the question carefully in connection with the 1967 annual meeting and have concluded that if we can be furnished with a certificate setting forth the situation as we understand it, we can approve the proposed bond issue for a regional junior high school. You should be receiving a suggested form of such certi- ficate through the State Street Bank and Trust Company shortly.
We also note that at the annual town meeting held on February 9, 1963 a vote was adopted under article 32 to change the date of the annual town meeting from the second Saturday to the third saturday in February. Article 32 as printed in the warrant did not give notice of the proposition to change the date of the annual meeting and we think there is some question as to whether the vote was validly adopted. Notwithstanding this question, we do not think annual meetings held on the third Saturday after 1963 were necessarily invalidly held so long as proper notice is given and the other required formalities observed. To hold otherwise would, of course, invalidate all elections and appropriations made since 1963, a conclusion we doubt that any court would reach.
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Miss Harriet I. Perry, Town Clerk
-2- April 12, 1967
we think that one way to resolve the various questions that have arisen and will arise in the future would be to adopt a vote at the next town meeting, under an appropriate article in the warrant, to calrify and bring up to date all the previously adopted votes of the town relating to giving notice and holding town meetings. Such an article and vote could read somewhat along the following lines.
ARTICLE .. To see if the Town will vote to clarify the present standing votes relating to the time, place and manner of giving notice of and holding town meetings, thereby super- seding all prior votes of the town relating thereto, or take any other action relative thereto.
VOTUL: That the following ralss shall hereafter govern the manner of giving notice of town meetings and the date of holding annual meetings.
1. The annual town meeting shall be held on the third Saturday of February.
2. Notice of every town meeting shall be given by posting the warrant therefor at the store and Congregational Church in Leverett, at the baptist Church in korth Leverett and at the store at Moores Comer at least seven days before the time of such meeting.
3. Notice of all town meetings shall be published, as a news item or otherwise, in the Greenfield Recorder-Gazette or some other newspaper cir- culating in the town which ordinarily carries local news, but no action taken at any town meeting shall be devalid if such notice is not so published.
VOTED: That the foregoing vote shall supersede any and all prior votes of the town relating to the time, place or manner of giving notice of or holding annual or special town meetings.
The foregoing assumes that no substantial changes in the present rules are desired. It may be that the town will want to adopt new riles. If so they could be prescribed under an article worded as above.
Miss Harriet I. Perry, Town Clerk
April 12, 1957
we offer these suggestions only by way of comment and to give you the benefit of our thoughts resulting from our examination of Leverett town meeting records. we would be pleased to discuss these suggestions further if you should have any questions.
Very truly yours,
Henry L. Hall Or . Henry L. Hall, Jr.
HLHjr:K
U
TOWN OF LEVERETT, MASSACHUSETTS
August 14, 1967 August 14, 1967
Ropas & Grav 225 Franklin St., Bonton, Magg. 021.10
Gentlemen:
In reference to your letter of April 12, I wish to certify the Pollovin- action took place in Article 3, July 25th, 1967 .
Article 3: To see if the Corn will vote to clarify the present standing votes relation to the the, place und manner of Riving notice of ond heldige town meetings, thereby superseding all prior votes of the town rolitin- thereto, or ho ang kotich relative thereto .
That the following miles shall herefter govern the center of giving notice :
. 4. The Annual town meeting shall beheld on the third Saturday of February.
B. Notice of cvarm town meet'nischall he civan by posting the warrant therefor the store and Congregational Church in Leverett, alan the Store and the Hantist Church at North Leveratt, 893 the Corner at lesat seven days before the time of such moet!is.
C. Notice of all town meeting shall bepublished, as a news item or othereine, in the Greenfield Recorder or some other 2015- naper circulating in the tom which areimer ir carries local news, but no gction taken at any town meeting shall be in- valld if auch notice Is not. so published.
And further mo A the forester white shell amercedes any
the tom relating to the ties, place or manner of giving notice of or holding annual or special town aretinas The above you voted unanimously.
Very truly yours, Town Clerk of Leverett
'Mrg.) Harriet I. Perry
Zoning By-Law of the Town of Leverett, Massachusetts
As amended and adopted at the February 18, 1967 Town Meeting and approved May 12, 1967, pursuant to Chapter 40A of the General Laws of the Commonwealth of Massachusetts.
SECTION I. PURPOSE.
The purposes of this By-Law are to pro- mote the general welfare of the Town of Lev- erett, to protect the health and safety of its inhabitants, to encourage the most appropriate use of land within the town, to increase the amenities of the town, and reduce the hazard from fire by regulating the location and use of buildings and the area of open spaces about them,
For the purpose of this By-Law, the Town of Leverett, under the authority granted by the Zoning Enabling Act, General Laws, Chapter Forty A (40 A), does hereby make this By-Law to be hereafter known and de- signated as the Zoning By-Law of the Town of Leverett.
SECTION II. GENERAL PROVISIONS.
A. EXISTING USES NOT AFFECTED This By-Law shall not apply to existing buildings or structures, nor to the existing use of any building or structures, or of land to the extent of that use at the time of the adoption of this By-Law.
B. NON-CONFORMING USES CAN CONTINUE.
A non-conforming use is the use of any building or land lawfully occupied at the time of the adoption of this By-Law which does not conform to the requirements of this By-Law. Any building, part of a building, or land which at the time of the adoption of this By- Law is being put to a non-conforming use may be:
1. Continued in that use or a similar use provided such use has not been volun- tarily discontinued for a period of one year.
2. Altered or enlarged in that use, but only after the granting of a permit therefor ordered by the Board of Appeals.
3. Changed to a more restricted use, pro- vided that when changed it shall not be returned to a less restricted use.
4. Rebuilt or restored at the same location and again used as previously, in the case of a building destroyed or damaged by fire, explosion or other catastrophe; pro- vided that not more than seventy-five percent (75%) of the building exclusive of foundations has been so damaged or destroyed. Such rebuilding or restoring shall be commenced within six (6) months after such catastrophe; and the building as restored shall not exceed in volume or area the original non-conform- ing structure, except that any building or structure which is originally non-con- forming by virtue of its location in rela- tion to the set-back, rear yard or side yard requirements of this By-Law may, as restored, exceed in volume or area the original non-conforming structure pro- vided that the foundation of the building, as so restored, encroaches to no greater extent any front, rear, or side yard than the original non-conforming structure.
C. CORNER CLEARANCE.
Between the lines of streets intersecting at an angle of less than one hundred and thirty- five (135) degrees and a line joining points on such lines ten (10) feet distant from that point of intersection, no building or structure may be erected, and no vegetation may be maintained between a height of three and one-half (31/2) feet and a height of eight (8) feet above the plane through their curb grades.
SECTION III. DEFINITIONS.
In this By-Law, the following terms shall have the meaning here assigned to them: The singular number includes the plural, and the plural the singular; the word "lot" includes "plot"; the word "building" in-
cludes "structure"; the word "occupied" includes "designed, arranged, or intended to be occupied"; the word "uses" includes "designed, arranged or intended to be used".
ACCESSORY USE. The use of a building or premises for a purpose customarily incidental to the main or principal use.
DWELLING. A house or building or portion thereof which is occupied by one or more families doing their cooking on the premises.
FRONTAGE. The distance between the sidelines of a lot measured along the street line.
FRONT YARD. The space across the full width of the lot and extending from the front line of the building located on such lot to the street line of such lot. (See "setback".)
LOT. A parcel of land on which a principal building and its accessories are placed, to- gether with the required open spaces.
LOT LINE. A division line between adjoin- ing properties or a division line between in- dividual lots established by a plan filed in the Registry of Deeds or Land Court.
OFFICE. A place for the transaction of a professional service or business, not including the sale of articles at retail.
REAR YARD. Is a space across the full width of a lot and extending from the rear foundation line of the building located on such lot to the rear line of such lot.
SETBACK. The minimum required unoc- cupied space or area between the street line on which the building is numbered or would be numbered, and the part of the building nearest such street line, such unoccupied space or area extending the entire width or distance across the lot. (See "front yard".)
STREET LINE. The dividing line between a street and a lot and in case of a public way, the street line established by the public auth- ority laying out said way upon which the lot abuts.
SIDE YARD. The space extending from the front yard to the rear yard between a build- ing and the adjacent side line of the lot on which said building is located.
TRAILER. Shall mean any so-called auto- mobile trailer, trailer coach, including any portable structure, means of conveyance, or vehicle so designated, constructed, and/or altered or converted in any manner as to permit occupancy thereof for dwelling or sleeping purposes.
TRAILER CAMP OR PARK. Shall mean any lot, parcel or tract of land upon which two or more trailers, occupied for dwelling or sleeping purposes, are located, regardless whe- ther or not a charge is made for such ac- commodation.
VARIANCE. An exception allowed by the Board of Appeals in the case of an individual property owner where strict enforcement of this By-Law would create an unusual hard- ship because of conditions which are unique to that lot or to a building on it, and only in accordance with Section 15 of Chapter 40A of the General Laws.
SECTION IV. ESTABLISHMENT OF DISTRICTS.
A. ZONING DISTRICTS: The Town of Leverett is hereby divided into the fol- lowing zoning districts for the purposes of this By-Law. (See table after Sec- tion XI for detailed dimensional re- quirements. )
Basic Lot Size
Residence Districts Area Frontage
R-V Village Residence
40,000 sq. ft. 200 ft.
R-R Rural Residence 60,000 sq. ft. 200 ft.
Business Districts
B-G General Business
40,000 sq. ft. 150 ft.
COM Commercial 40,000 sq. ft. 150 ft.
B. LOCATION OF DISTRICTS: The lo- cation and boundaries of these dis- tricts shall be as shown on the Zoning
Map of the Town of Leverett, dated December 13, 1966, which shall be on file in the Selectmen's Office. The Zon- ing Map, together with all explanatory matter thereon, is hereby made a part of this By-Law.
C. INTERPRETATION OF DISTRICT BOUNDARIES :
1. Where a right of way, street, railroad or water course is shown on the map as a district boundary, the center line thereof is the actual boundary.
2. Where a district boundary is shown approximately parallel to a street it shall be deemed parallel to the ex- terior line of the right of way of the street and at such distance therefrom as indicated on the Zoning Map.
3. Where a district boundary divides a lot, the regulations applying to the portion of such lot in the less restrict- ed district may be considered to ex- tend up to 40 feet into the more re- stricted portion, but only if the lot has frontage on a street in the less re- stricted district.
SECTION V. USE REGULATIONS.
Except as hereinafter provided, no building or structure shall be constructed, altered or maintained and no building, structure or land shall be used for any purpose or in any man- ner other than as indicated for the entire district in which it is situated.
A. RESIDENCE DISTRICTS.
1. Permitted l'ses
a. Single, detached one-family dwelling.
b. Seasonal dwelling.
c. Single, detached trailer, mobile home or similar dwelling unit for one-family occupancy provided that adequate provision is made for wa- ter supply, sewage disposal and el- ectric power.
d. Two-family dwelling provided the area of the lot exceeds by at least 20,000 square feet the minimum ar- ea normally required within that zoning district.
e. Governmental, educational, religious or other non-profit institutional use.
f. Farm, orchard, greenhouse, tree nursery, truck garden or woodlot operated for commercial purposes. May include retail sale of agricultu- ral or horticultural products pro- vided the major portion of those products has been raised on the pre- mises. One or more signs with a combined maximum area of 30 square feet may be displayed.
g. Accessory uses shall be permitted as follows, provided that they are cus- tomarily incidental to a permitted main use on the same premises and not detrimental to a residential neighborhood. Except as indicated below there shall be no exterior dis- play of merchandise or other ex- terior indication of the accessory use. No more than two persons who are not living on the premises are to be employed in connection with an accessory use. No exterior alter- ations shall be made which would alter the residential appearance of the buildings on the lot.
(1) Use of space in a dwelling for a customary home occupation such as dressmaking, laundering, bak- ing, repair shop, office or studio, maintained by resident occu- pants, provided such use does
not occupy more than 30% of the gross floor area of the dwelling and all accessory buildings. Items may be sold at retail pro- vided the majority of such items are produced on the premises.
(2) Barber or beauty shop or similar activity provided no exterior al- terations are made which change the residential appearance of the buildings on the lot.
(3) The raising or keeping of domes- tic animals (not for commercial purposes) provided that the hous- ing of poultry, sheep, goats, cows or horses is carried on at least 50 feet from all property lines where residences are di- rectly adjacent.
(4) Renting rooms to lodgers, board- ers or tourists provided that no separate cooking facilities are maintained, and provided that no more than three rooms are rent- ed. Accommodations shall be li- mited to a total of six persons in addition to the resident family.
(5) Use of property in connection with his trade by a resident carpenter, electrician, painter, plumber or other artisan provid- ed that no manufacturing or as- sembly work requiring substan- tially continuous employment shall be carried on and provided that all storage of materials, supplies or equipment shall be carried on within the principal building or within suitable ac- cessory buildings.
2. ['ses which may be allowed, as a spe- cial exception by the Board of Appeals after a public hearing and subject to appropriate regulations if determin- ed to be neither offensive nor detri- mental to the neighborhood.
a. Cemetery, golf course, riding stable, marina or boat livery, ski area or camp for children or adults.
b Nursing home or sanitarium.
c. Medical or dental center including appropriate laboratories.
d. Commercial dog kennel or veterin- ary hospital.
e. Private school, nursery school or kindergarten, trade or professional school.
f. Telephone exchange, natural gas or electric power facility, bus station or other public utility or public carrier use.
g. Private club not conducted for profit.
h. Conversion of a one-family dwelling, existing at the time of the adoption of this By-Law, into a two-family dwelling provided that all sewage disposal, yard and parking require- ments can be met.
i. Waterfront or beach area for swim- ming and related activities when conducted on a commercial basis.
j. Use of private lands, ponds and streams for rental or lease to indi- viduals or organizations for pur- poses of hunting or fishing. Mini- mum lot, yard and building require- ments shall apply.
B. GENERAL BUSINESS DISTRICTS.
1. Permitted U'ses
a. Any use permitted under Section V. A. 1. and A. 2.
b. Retail store or consumer service.
c. Bank, business or professional office.
d. Hotel, motel or restaurant.
e. Newspaper or job printer.
2. Uses which may be allowed, as a spe- cial exception by the Board of Appeals
after a public hearing and subject to appropriate regulations if determined to be neither offensive nor detrimental within the district or to neighboring persons.
a. Automobile service, gasoline station or garage including the sale of new or used cars.
b. Place of amusement or assembly, commercial recreation facility or club conducted for profit.
C. COMMERCIAL DISTRICTS.
1. Permitted Uses
a. Any use permitted under Section V. A. 1. and A. 2. and B. 1. and B. 2.
b. Wholesale or storage establishment or trucking firm.
c. Storage, sale and servicing of trucks, tractors, farm or construction equipment or similar uses.
d. Sale or storage of feed, fuel, lum- ber or building supplies.
e. Printing or publishing firm.
2. Uses which may be allowed, as a spe- cial exception by the Board of Appeals after a public hearing and subject to appropriate regulations.
a. Ready-mix concrete plant.
b. Any sales, service or industrial use not listed above which will not, as regulated, be offensive, detrimental nor unsafe within the district or with respect to adjacent districts.
SECTION VI. SUPPLEMENTARY PROVISIONS.
A. ACCESSORY BUILDINGS:
1. An accessory building attached to its principal building shall be considered an integral part of the principal build- ing and as such shall be subject to the open space requirements applicable to the principal building.
2. To promote safety, no garage building or accessory building may be used as a dwelling if it is located on the same lot as. a principal building used as a residence.
B. AREA OF LOTS:
1. Reduction of Open Space.
No lot on which is located any build- ing used for residence purposes shall be changed or reduced in area or shape so it does not conform to the provis- ions of this By-Law. This does not ap- ply in the case of a lot a portion of which is taken for public use. No yard, lot area, or other open space required for a building by this By-Law shall during the existence of such building be occupied by or counted as open space for another building.
2. Lots of Less than the Required Width or Area.
On lots of less than the required width and area and which have been duly recorded by plan or deed or as- sessed as separate parcels before the date of the adoption of this By-Law. the lot area and width requirements need not apply. Any lot on which more than one house existed at that time may be divided and sold to sepa- rate owners.
C. EARTH REMOVAL: The removal for sale of sod, loam, clay, sand, gravel, or quarried stone, except when incidental to and in connection with the construc- tion of a structure for which a permit has been issued, or incidental to the grading and development of contiguous property, shall be permitted only if written permission of the Board of Ap- peals after public hearing be obtained. The Board of Appeals shall in each in- stance impose such conditions as will protect the neighborhood and Town a- gainst permanent and temporary haz- ards, because of conditions which may
be left after operations are completed or because of the methods of handling such materials at the site or of trans- porting such materials through the Town.
D. TRAILER: One house trailer or mobile home may be used as an accessory to a dwelling on a lot for not more than 30 days in any twelve-month period. One house trailer, mobile home, camping trailer or similar vehicle, not used for dwelling purposes, may be stored out of doors on a lot.
E. COMMERCIAL RECREATION AREAS: A commercial recreation area may be set up under single ownership provided it has a minimum area of 20 acres and location in the Rural Residence Dis- trict. Tents, camping trailers, campers and trailers may be used. Under the provisions of this section the sites, fa- cilities or buildings which are used or occupied for limited periods for recrea- tional purposes shall not be subject to the lot and area requirements which pertain to other residential uses. Ex- cept for supervisory personnel, no part of the premises shall be occupied on a permanent basis. Any such recreation- al use shall be subject to the granting of an appropriate license by the Board of Health under the provisions of Sec- tion 32A-D of Chapter 140 of the Gen- eral Laws. Before the granting of a special exception by the Board of Ap- peals, a site plan showing all camping and tenting areas, trailer or building sites, water supply and sanitary facili- ties must be filed with the Board of Health and the Board of Appeals.
F. REAR LOTS: In all residence districts an individual lot need not have the re- quired amount of street frontage pro- vided that all of the following con- ditions can be met :
1. The area of said lot is at least double the minimum area normally required for the district.
2. The width of the lot where the prin- cipal building is to be built equals or exceeds the number of feet normally required for street frontage.
3. The lot includes a strip of land at least 30 feet in width by which it is connected to the street.
4. Front, rear and side yards equal or ex- ceed those required within the district.
G. UNREGISTERED MOTOR VEHICLES : Unregistered motor vehicles which are unfit for use, permanently disabled or have been dismantled or are otherwise inoperative, shall not be stored, parked or placed upon any land in the Town for more than 30 days unless such ve- hicles are kept within a building or are otherwise screened or located so that they cannot be seen from a public high- way or from abutting property. Ve- hicles which are kept in an area pro- perly approved for such storage by a licensed dealer in motor vehicles are exempt from those regulations. Farm vehicles are also exempt.
H. PARKING REQUIREMENTS: It is in- tended, under this By-Law, that suit- able off-street motor vehicle parking spaces shall be provided to meet the needs of all persons using buildings or land. This section shall apply to new buildings or uses but shall not apply to existing buildings except where dwell- ing units are added or tenancy in- creased.
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