Record of Town Meetings and Elections, 1955-1974, Part 18

Author: Fanny H. Taylor (1936-64); Harriet I. Perry (1965 -); Fred S. Johnson; Clifford H. Blinn; Richard L. Glazier; Arnold Glazier; William L. Clark; John Sirosky; Maurice M. Glazier; Edwin A. Gere, Jr.; Warren B. Glazier; Phillip O. Woodard; Carl S. Roys; Denzel .J. Hankinson; David A. Evans; Nancy J. Raskevitz
Publication date: 1955
Publisher:
Number of Pages: 614


USA > Massachusetts > Franklin County > Leverett > Record of Town Meetings and Elections, 1955-1974 > Part 18


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I SIGN REGULATIONS:


1. The following signs are permitted in all Residence Districts :


a. One sign for each family residing on the premises indicating the name of the owner or occupant or the name


of the building or pertaining to a permitted accessory use, provided that such sign does not exceed 12 square feet in area.


b. In the case of a permitted or auth- orized use other than a dwelling or accessory use thereto, one or two signs are permited pertaining to such use or to the sale or lease of the premises or construction there- on provided that the total area of such signs does not exceed 12 square feet unless granted by the Board of Appeals as a special exception.


c. Announcement or bulletin board not exceeding 16 square feet in area for a public, charitable or religious in- stitution.


2. In the General Business and Commer- cial districts signs advertising the name of the firm and the products or services available on or manufactured on the premises are allowed subject to the following conditions :


a. One or more signs attached to a building provided they do not ex- exceed one and one-half square feet in total area per lineal foot of street frontage of the principal building.


b. One sign not exceeding four square feet in area for each business may be attached to a marquee or arcade which is an integral part of the building.


c. One sign of a free-standing nature provided it is located at least ten feet from the street and 20 feet from a building and does not exceed 30 square feet in area per business establishment.


3. A directional or identification sign may be erected and maintained in any dis- trict where the Board of Appeals, act- ing on a special exception, finds that such sign will serve the public con- venience, will not endanger the public safety and will not be detrimental to the neighborhood.


4. No sign or advertising device shall in- corporate, or be lighted by, flashing or blinking lights or change in light in- tensity.


J. PROHIBITED USES.


1. The development or operation, on a single recorded lot, of more than one of the principal uses described above is prohibited except where the principal uses are clearly complementary to each other or as specifically provided in this By-Law. Where retail stores, consumer services, offices, banks or restaurants share a building with com- mon walls they shall be considered to be complementary to each other.


2. Trailer or mobile home park or court.


3. Billboards advertising goods or services which are not available, processed or made on the premises.


4. Signs or floodlights which constitute a hazard to pedestrians or vehicular traf- fic because of the intensity or direc- tion of their illumination.


SECTION VII. ENFORCEMENT.


This By-Law and any amendments thereto shall be enforced by the Board of Selectmen. No building shall be erected, externally alter- ed or changed in use in the Town of Leverett without a permit from the Board of Select- men; the Board of Selectmen shall issue no permit for the erection, external alteration or change in use of any building or part thereof. plans and specifications and intended use of which are not in all respects in conformity with the provisions of this By-Law. With each application for a permit to build or alter, there shall be filed with the Board of Select- men a plan showing the lot and the location lof the building thereon.


SECTION VIII. PENALTY.


Any person violating any of the provisions of this By-Law may be fined not more than twenty (20) dollars for each offense. Each day that such violation continues shall constitute a separate offense.


SECTION IX. BOARD OF APPEALS.


Within thirty days after the adoption of this By-Law, the Board of Selectmen shall ap- point a Board of Appeals of three members and two associate members, which shall act on all matters within its jurisdiction under this By-Law in the manner prescribed in Chapter Forty A (40A) of the General Laws, and shall serve without remuneration. This Board of Appeals shall be appointed according to methods described in said Chapter Forty A. (40A) of the General Laws, as amended, and subject always to the rule that it shall give due consideration to promoting the pub- lic health, safety, convenience and welfare, encouraging the most appropriate use of land, and that it shall permit no building or use in- jurious, noxious, offensive or detrimental to a neighborhood, and that it shall prescribe ap- propriate conditions and safeguards in each case.


SECTION X. OTHER REGULATIONS.


This By-Law shall not interfere with or an- nul any By-Law, rule, regulation or permit, provided that, unless specifically excepted, where this By-Law is more stringent it shall control.


SECTION XI. VALIDITY.


The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision thereof.


Table Of Dimensional Requirements


Minimum


Maximum


Lot


Front Side Bldg. Ht.


Zoning


Area Front. + Yard Cov. # of District (sq.ft.) (ft.) Rear (ft.) % of floors


Yards


lot area


(ft.)


(c)


(a)


(a)


(b)


R-V


Village 40,000


200


30


20 15%


21/2


Residence


R-R


Rural


60,000


200


30


25 10%


21/2


Residence


B-G


General 40,000


150


30


25 20%


212


Business


COM


Com-


40,000


150


35


25 20%


2%


mercial


(a) For corner lots the front yard minimum shall apply to all buildings on each street. Except for that stipulation, a detached accessory building, when located in a rear yard, may be placed within ten feet of any lot line.


(b) Height limitations shall not apply to chimneys, silos, TV and radio antennæ, ventilators, tanks or other parts of build- ings or structures not intended for hu- man occupancy.


(c) On lots which have more than one-half of their frontage along the curve of a per- manent turn-around the normal frontage requirement may be waived provided the width of the lot measured at the set-back line equals at least 70% of the frontage requirement.


I hereby certify that the foregoing is a true copy of the Zoning By-Law of the Town of Leverett.


HARRIET I. PERRY TOWN CLERK


SEAL


The foregoing Zoning By-Law is hereby approved, as amended


Boston, Mass., May 12, 1967.


ELLIOT L. RICHARDSON ATTORNEY GENERAL


TOWN OF LEVERETT, MASSACHUSETTS


May 6, 1968


The Commonwealth of Massachusetts Dept. of Corporations and Taxation


Bureau of Accounts State Office Building, Government Center 100 Cambridge St ..


Boston, Mass. 02202


Re: Mixing date of Amual Election & Business Meeting


Gentlemen:


I wish to certify the following action took place in Article 3. July 25th, 1967:


ARTICLE 3: 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 superseding all prior votes of the town relating there- to, or take any action relative thereto.


That the following rules shall hereafter govern the manner of giving notice of town meeting and the date of holding annual meetings.


A. The Annual town meeting shall be held on the third Saturday of February.


3. Notice of every town meeting shall be given by posting the Warrant therefor at the Store and Congregational Church in Leverett, also the store and the Baptist Church at North Leverett, and the Store at Moores Corner at least seven days before the time of such meeting.


C. Notice of all town meeting shall be published, as a news item or otherwise, in the Greenfield Recorder or some other newspaper cir- culating in the town which ordinarily carries local news, but no action taken at any town meeting shall be invalid if such notice is not so published.


And further moved 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 towa meetings.


The above was VOTED UNANIMOUSLY.


Very truly yours, TOWN CLERK OF LEVERETT


(Mrs. ) Harriet I. Perry


SEAL


.


certified Joun Click Areviel I. Perry


PROPOSED AMENDMENTS TO THE ZONING -BYLAW - LEVERETT, MASS. FEB. 1967


In SECTION 1. "PURPOSE" delete those words and substitute therefore the words "SECTION I. PURPOSE


In SECTION 2. "GENERAL PROVISIONS". Delete those words and substitute therefore the words "SECTION II. GENERAL PROVISIONS".


Delete all of existing subsections "A" and "B".


"C. Existing Uses Not Affected" - delete those words and substitute therefore "A. EXISTING USES NOT AFFECTED".


"D. Non-Conforming Uses Can Continue" - delete those words and substitute therefore "B. NON-CONFORMING USES CAN CONTINUE".


Under the new subsection "B. NON-CONFORMING USES CAN CONTINUE" delete the letters " (a)" "' (b)", " (c)" and " (d )" and substi- tute therefore "1.", "2.", "3" and "4.".


"E. Corner Clearance" - delete those words and substitute therefore "C. CORNER CLEARANCE".


In SECTION 3. "DEFINITIONS" delete those words and substitute there- fore the words "SECTION III. DEFINITIONS".


Delete the numeral "(1)" in the first paragraph.


After the definition of "DWELLING" add a new definition as "FRONT- AGE. The distance between the sidelines of a lot measured along the street line.


After the definition of "TRAILER CAMP OR PARK" add a new definition as follows: "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 LOA of the General Laws."


Delete all of SECTION 4. "MINIMUM REQUIREMENTS FOR LOT FRONTAGE AND AREA AND OPEN SPACES ADJACENT TO BUILDINGS." and also delete all of SECTION 5. "USES OF LAND, BUILDINGS AND STRUCTURES" and substi- tute therefore the following new SECTION IV. and new SECTION V. as follows :


SECTION IV. ESTABLISHMENT OF DISTRICTS:


A. ZONING DISTRICTS: The Town of Leverett is hereby divided into the following zoning districts for the purposes of this By-Law. (See table on last page for detailed dimen- sional requirements. )


.


1.1.1


.


2.


Basic Lot Size


Residence Districts


Area


Frontage


R-V Village Residence


R-R Rural Residence


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 location and boundaries of these districts 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 Zoning Lap, 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 exterior 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 restricted district may be considered to extend up to 40 feet into the more restricted portion, but only if the lot has frontage on a street in the less restricted district.


SECTION V. USE REGULATIONS: Except as hereinafter provided, no building or structure shall be constructed, altered or main- tained and no building, structure or land shall be used for any purpose or in any manner other than as indicated 1 .. ..~ entire district in which it is situated.


A. RESIDENCE DISTRICTS


1. Permitted Uses


a. Single, detached one-family dwelling.


b. Seasonal dwelling.


40,000 sq. ft. 200 ft.


60,000 sq. ft. 200 ft.


3.


c. Single, detached trailer, mobile home or similar dwelling unit for one-family occupancy provided that adequate provision is made for water supply, sewage disposal and electric power.


d. Two-family dwelling provided the area of the lot exceeds by at least 20,000 square feet the minimum area 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. ray include retail sale of agricultural or horticultural products provided the major portion of those products has been raised on the premises. One or more signs with a combined maximum arca of 30 square feet may be displayed.


g . Accesscry uses shall be permitted as follows, pro- vided that they are customarily 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 display of merchandise or other exterior indication of the accessory use. No more than two persons who are not living on the premises are to be employed in connec- tion with an accessory use. No exterior alterations 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- "75, repair shop, office or studio, maintained by jesident occupants, 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 provided the majority of such items are produced on the premises.


(2) Eather of beauty shop or similar activity pro- ildan no exterior alterations ara made which change the residential appearance of the build- inta on the lot.


(3) The rising or keeping of domestic animals (not. for commercial purposes ) provided that the nous- ing of poultry, sheep, goats, cows or hommes is carried on at least 50 feet from all property Lines where residences are directly adjacent.


4.


(4) Renting rooms to lodgers, boarders or tourists provided that no separate cooking facilities are maintained, and provided that no more than three rooms are rented. Accomodations shall be limited 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, plumb .. er or other artisan provided that no manufacturing or assembly work requiring substantially continu- ous employment shall be carried on and provided that all storage of materials, supplies or equip- ment shall be carried on within the principal building or within suitable accessory buildings.


2. Uses which may be allowed, as a special exception by the Board of Appeals after a public hearing and subject to appropriate regulations if determined to be neither cf- fensive noe detrimental to tre neighborhood.


Cemetery, golf course, riding stable, marina or boat livery, ski area or camp for children or adults.


ba Nursing home or sanitarium.


c. Medical or dental center including appropriate laboratories. Commercial


d. Dog kennel or veterinary hospital.


£


e. Private school, nursery school or kindergarten, trade or professional school. F


f. Telephone exchange, natural gas or electric power facility, bus station or other public utility or public carrier use.


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 requirements can be met.


i. Waterfront or beach area for swimming and related activities when conducted on a commercial basis.


j· Use of private lands, ponds and streams for rental or lease to individuals or organizations for purposes of hunting or fishing. Minimum lot, yard and build- ing requirements shall apply.


5.


B. GENERAL BUSINESS DISTRICTS


1. Permitted Uses


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.


Newspaper or job printer.


2. Uges which may be allowed, as a special exception by the Enerd of Appeals after a public hearing and subject to appropriate regulations if determined to be neither of- fensive nor detrimental within the district or to neigh- bring persons .


a. Automobile service, gasoline station or garage in- cluding the sale of new or used cars.


b. Place cf 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.l. 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, lumber or building supplies.


e. Printing or publishing firm.


2. Uses which may be allowed, as a special 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.


6.


In SECTION 6. SUPPLEMENTARY PROVISIONS"


Delete these words and substitute therefore the words "SECTION VI. SUPPLEMENTARY PROVISIONS."


Delete " (1) Accessory Buildings" and substitute therefore "A. ACCESSORY BUILDINGS".


Delete the letters "(a)" and " (b)" and substitute therefore "1." and "2.".


Delete " (2) Area of Lots" and substitute therefore "B. AREA OF LOTS". Delete the letters " (a)" and " (b)" and substitute therefore "1." and "2.".


Delete all of the existing subsection " (3) Open Space Adjacent to Buildings".


Add the following new subsections under "SECTION VI. SUPPLEMENTARY PROVISIONS"


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 construction 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 Appeals after public hearing be obtained. The Board of Appeals shall in each instance impose such conditions as will protect the neighbor- hood and Town against permanent and temporary hazards, 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 transporting 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 District. Tents, camping trailers, campers and trailers may be used. Under the provisions of this section the sites, facilities or buildings which are used or occupied for limited periods for recreational purposes shall not be subject to the lot and area requirements which pertain to other residential uses. Except 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 Se. 32A-D of Chapter 140 of the General Laws. Before the granting of a special exception by the Board of Appeals, a site plan showing all camping and tenting areas, trailer or building sites, water supply and sanitary facilities must be filed with the Board of Health and the Board of Appeals.


7.


F. REAR LOTS: In all residence districts an individual lot need not have the required amount of street frontage provided that all of the following conditions 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 principal buildings 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 exceed 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 vehicles are kept within a building or are otherwise screened or located so that they cannot be seen from a public highway or from abutting property. Vehicles which are kept in an area properly approved for such storage by a licensed dealer in motor vehicles are exempted from these regulations. Farm vehicles are also exempt.


H. PARKING REQUIREMENTS: It is intended, under this By-Law, that suitable 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 dwelling units are added or tenancy increased.


I. SIGN REGULATIONS:


1. The following signs are permitted in all Residence Dis- tricts:


a. One sign for each family residing on the premises indicating the name of the owner or occupant or the name of the building or pertaining to a permitted accessory use, provided that such sign does not ex- ceed 12 square feet in area.


b. In the case of a permitted or authorized use other than a dwelling or accessory use thereto, one or two signs are permitted pertaining to such use or to the sale or lease of the premises or construction thereon provided that the total area of such signs does not exceed 12 square feet unless granted by


8,


the Board of Appeals as a special exception.


c. Announcement or bulletin board not exceeding 16 square feet in area for a public, charitable or religious institution.


2. In the General Business and Commercial districts signs advertising the name of the firm and the products or services available on or manufactured on the premises are allowed subject to the following conditions:


One or more signs attached to a building provided they do not exceed one and one-half square feet in total area per lineal foot of streat frontage of the princi- pal building.


b. One sign not exceeding four square feet in area for each business may be attached to a marquee or arcade which is an integral part of the building.


c. One sign of a free-standing nature provided it is located at least ten feet from the street and 20 feet from a building and does not exceed 30 square feet in area per business establishment.


3. A directional or identification sign may be erected and maintained in any district where the Board of Appeals, Acting on a special exception, finds that such sign will serve the public convenience, will not endanger the public safety and will not be detrimental to the neighborhood.


4. No sign or advertising device shall incorporate, or be lighted by, flashing or blinking lights or change in light intensity.


J. PROHIBI TED USES:


1. The development or operation, on a single recorded lot, of more than one of the principal uses described above is prohibited except where the principal uses are clearly complementary to each other or as specifically provided in this By-Law. Where retail stores, consumer services, offices, banks or restaurants share a building with common walls they shall be considered to be complementary to each other.


2. Trailer or mobile home park or court.


3. Billboards advertising goods or services which are not available, processed or made on the premises.


4. £


Signs or floodlights which constitute a hazard to pedestri- ans or vehicular traffic because of the intensity or direc' ;- tion of their illumination.


9.


In SECTIONS 7, 8, 9, 10 and 11, change those numerals to "VII.", "VIII.", "IX.", "X." and "XI." respectively and underline the words "ENFORCEMENT"," PENALTY", "BOARD OF APPEALS", "OTHER REGULATIONS" and "VALIDITY".


SECTION IV. ( cont. ) TABLE OF DIMENSIONAL REQUIREMENTS


Zoning District


Minimum Lot Area


Minimum Lot -- Frontage : (Sq. ft.) (ft.) (c)


Minimum Front + Rear Yards (ft. ) (a)


Minimum :Side Yard


Maximum Building Coverage --- (feet) (a) 1% of lot area


Maximum Height. No. of Floors (b)


R-V Village Residence


40,000


200


30


20


15%


2 1/2


R-R Rural Residence


60,000


200


30


25


10%


2 1/2


B-G General Business


: .


40,000


150


30


25


20%


2 1/2


COM Commercial


40,000


150


35


25


20%


2 1/2


(a) For corner lots the front yard minimum shall apply to all build- ings on each street. Except for that stipulation, a detached accessory building, when located in a rear yard, may be placed within ten feet of any lot line.


(b) Height limitations shall not apply to chimneys, silos, TV and radio antennae, ventilators, tanks or other parts of buildings or structures not intended for human occupancy.


(c) On lots which have more than one-half of their frontage along the curve of a permanent turn-around the normal frontage re- quirement may be waived provided the width of the lot measured at the set-back line equals at least 70% of the frontage require- ment.




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