USA > Massachusetts > Franklin County > Leverett > Record of Town Meetings and Elections, 1955-1974 > Part 5
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SECTION &. PENALTY
Any person violating any of the pro- visions of this By-Law may be fined not more than twenty (20) dollars for each offense. Each day that such violation con- tinues shall constitute a separate offense. SECTION 9.
BOARD OF APPEALS.
Within thirty days after the adoption of this By-Law, the Board of Selectmen shall appoint a Board of Appeals of three mem- bers and two associate members, which shall act on all matters within its juris- diction under this By-Law in the mannor prescribed in Chapter Forty A (40A) of the General Laws, and shall serve with- out 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 subiect always to the rule that it shall give due consideration to promoting the public health, safety, convenience and welfare, encouraging the most appropriate use of land, and that it shall permit no building or use injurious, noxious, offen- sive or detrimental to a neighborhood, and that it shall prescribe appropriate. condi- tions and safeguards in each case.
SECTION 10.
OTHER REGULATIONS.
This By-Law shall not interfere with or annul any By-Law, rule, regulation or permit, provided that, unless specifically excepted, where this By-Law is more stringent it shall control.
SECTION 11. VALIDITY
The invalidity of any section or provi- sion of this By-Law shall not invalidate any other section or provision thereof.
I hereby certify that the foregoing is a true copy of the zoning By-Law of the Town of Leverett.
F. H. TAYLOR TOWN CLERK
SEAL
The foregoing zoning By-Law is hereby approved, as amended. Boston, Mass., May 13, 1959 E. J. McCORMACK, JR. ATTORNEY GENERAL
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ZONING BY-LAW of the Town of LEVERETT, MASSACHUSETTS
As amended and adopted at the February 14, 1959 Town Meeting and approved May
13. 1959
SECTION 1. PURPOSE
The purposes of this By-Law are to promote the general welfare of the Town of Leverett, 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 build- ings 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 (40A), does hereby make this By-Law to be hereafter known and designated as the Zoning By-Law of the Town of Leverett. SECTION 2.
GENERAL PROVISIONS
A. The entire area of the Town of Lev- erett is hereby designated as a "Residen- tial-Agricultural District."
B. Use of Buildings, Structures, and Land.
Except as provided in Section 5 herein, any lawful building or structure may be constructed, altered or enlarged and any lawful building, structure or land or part thereof may be used for any purpose which is not injurious, noxious, offensive or detrimental to a neighborhood and does not violate any section of this By-Law, or any of the provisions of the Town of Leverett in regard to health and safety to its inhabitants.
C. Existing Uses Not Affected.
This By-Law shall not apply to exist- ing buildings or structures, nor to the existing use of any buildings or structure, or of land to the extent of that use at the time of the adoption of this By-Law. D. Non-Conforming Uses Can Con- tinue.
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-con- forming use may be:
(a) Continued in that use or a similar use provided such use has not been voluntarily discontinued for a period of one year.
(b) Altered or enlarged in that use, but only after the granting of a permit therefor ordered by the Board of Appeals.
(c) Changed to a more restricted use, provided that when changed it shall not be returned to a less restricted use.
(d) Rebuilt or restored at the same lo- cation and again used as previously, in the case of a building destroyed or damaged by fire, explosion or other catastrophe ; provided that not more than seventy-five per cent (75%) of the building exclusive of foundations has been so damaged or destroyed. Such rebuilding or restor- ing 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-conforming structure, except that any building or qtruc- ture which is originally non-con- forming by virtue of its location in relation 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 provided that the foundation of the building, as so restored, encroaches to no great- er extent any front, rear, or side yard than the original non-con- forming structure.
(1) In the Town of Leverett buildings, E. Corner Clearance. Between the lines of streets intersecting at an angle of less than one hundred and structures and land may be used, and buildings and structures may be erected or altered for any residential or commer- cial use otherwise lawful; and with the thirty-five (135) degrees and a line join-| permission of the Board of Appeals, cer-
ing points on such lines ten (10) feet dis- [ tain Industrial use. tant 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 (312) feet and a heighth of eight (8) feet above the plane through their curb grades.
SECTION 3. DEFINITIONS
In this By-Law, the following terms shall have the meaning here assigned to them :
(1) The singular number includes the plural, and the plural the singular ; the word "lot" includes "plot" ; the word "building" includes "struc- ture"; the word "occupied" includes "designed, arranged, or intended to be occupied" ; the word "uses" in- cludes "designed, arranged or in- tended to be used".
ACCESSORY USE. The use of a build- ing 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.
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 prin- cipal building and its accessories are placed, together with the required open spaces.
LOT LINE. A division line between ad- joining properties or a division line be- tween individual 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 in- cluding 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 un- occupied 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 be- tween a street and a lot and in case of a public way, the street line established by the public authority laying out said way upon which the lot abuts.
SIDE YARD. The space extending from the front yard to the rear yard between a building and the adjacent side line of the lot on which said building is located. TRAILER. Shall mean any so-called automobile trailer, trailer coach, includ- ing any portable structure, means of con- veyance, or vehicle so designated, con- structed, and/or altered or converted in any manner as to permit occupancy there- of for dwelling or sleeping purposes.
TRAILER CAMP OR PARK. Shall mean any lot, parcel or tract of land upon which two or more trailers, occu- pied for dwelling or sleeping purposes, are located, regardless whether or not charge is made for such accommodation. SECTION 4. MINIMUM REQUIREMENTS FOR LOT FRONTAGE AND AREA AND OPEN SPACES ADJACENT TO BUILD- INGS.
Throughout the Town of Leverett the following minimum provisions shall be required :
Lot Frontage-two hundred (200) feet Side Yard-fifteen (15) feet
Lot Area-forty thousand square feet Front Yard-thirty (30) feet Rear Yard-forty (40) feet
(40,000)
SECTION 5. USES OF LAND.
BUILDINGS AND STRUCTURES
But none of the following :
Acetylene gas, cyanide compound, or oxygen manufacture. Asphalt manufacture or refining.
Chlorine or Bleaching Powder manu- facture.
Creosote manufacture Drop forge shop
Explosives, fireworks, or ammunition manufacture
Fertilizer manufacture Fumigation plants
Glue or size manufacture from fish or animal offal.
Gypsum, cement, plaster or plaster of paris manufacture.
Incineration, or reduction of, or dumping of offal, garbage, or refuse on a commercial basis (except where controlled by the Town).
Junk Yard, junk storage, scrapping of autos and parts and salvage thereof. Linoleum manufacture.
Match manufacture.
Petroleum refining.
Plastic manufacture.
Rubber, natural or synthetic, or gut- tapercha manufactured from crude or scrap material.
Sewage Disposal Plant (except where controlled by the Town).
Soap, tallow, grease or lard manufac- ture.
Sulphurous, sulphuric, nitric or hy- drochloric acid manufacture.
Tannery.
Tar or asphalt roofing manufacture.
Tar products manufacture.
Trailer camp or park.
Used Cars.
All other enterprises or uses common- ly regarded as hazardous or offen- sive.
(2) The removal for sale of sod, loam, clay, sand, gravel, or quarried stone, ex- cept when incidental to and in connection with the construction of a structure for which a permit has been issued, or inci- dental to the grading and development of contiguous property, shall be permitted only if written permission of the Board of Appeals after public hearing be ob- tained. The Board of Appeals shall in each instance impose such conditions as will protect the neighborhood 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 mate- rials through the Town. SECTION 6.
SUPPLEMENTARY PROVISIONS
(1) Accessory Buildings.
(a) An accessory building attached to its principal building shall be con- sidered an integral part of the principal building and as such shall be subject to the open space re- quirements applicable to the princi- pal building.
(b) safety, To promote no garage building or accessory building may be used as a dwelling if it is lo- cated on the same lot as a principal building used as a residence.
(2) Area of Lots.
(a) Reduction of Open Space.
No lot on which is located any building used for residence purposes shall be changed or reduced in area or shape so it does not conform to the provisions of this By-Law. This does not apply in the case of a lot a portion of which is taken for pub- lic use. No yard, lot area, or other open space required for a building by this By-Law, shall during the ex- istance of such building be occupied by or counted as open space for an- other building.
(b) 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 assessed as separate parcels before the date of the adoption of this By-Law, the lot area and width re-
quirements need not apply. Any lot on which more than one house ex- isted at that time, may be divided and sold to separate owners.
(3) Open Space Adjacent to Buildings. Front Yards.
Buildings or structures need be lo- cated only as far back from the street as the average of the front yard depths of the building or struc- tures nearest on either side and within the same block.
(b) Side Yards.
Buildings or structures on lots hav- ing a frontage of two streets may be located as near to the streets as the minimum front yard depths on both the streets.
(c) Rear Yards.
Detached accessory buildings, if lo- cated entirely within a rear yard may be built as near as five feet from a side or rear lot line.
(d) Projections.
Nothing in this By-Law shall pre- vent the projection of steps, eaves, cornices, window sills, or belt cours- es into any required yard.
SECTION 7. ENFORCEMENT.
This By-Law and any amendments thereto shall be enforced by the Board of Selectmen. No building shall be erected, externally altered or changed in use in the Town of Leverett without a permit from the Board of Selectmen; and 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 in- tended use of which are not in all re- spects 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 Selectmen a plan showing the lot and the location of the building thereon.
SECTION &. PENALTY
Any person violating any of the pro- visions of this By-Law may be fined not more than twenty (20) dollars for each offense. Each day that such violation con- tinues shall constitute a separate offense. SECTION 9.
BOARD OF APPEALS.
Within thirty days after the adoption of this By-Law, the Board of Selectmen shall appoint a Board of Appeals of three mem- bers and two associate members, which shall act on all matters within its juris- diction under this By-Law in the manner prescribed in Chapter Forty A (40A) of the General Laws, and shall serve with- out 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 subiect always to the rule that it shall give due consideration to promoting the public health, safety, convenience and welfare, encouraging the most appropriate use of land, and that it shall permit no building or use injurious, noxious, offen- sive or detrimental to a neighborhood, and that it shall prescribe appropriate condi- tions and safeguards in each case. SECTION 10.
OTHER REGULATIONS.
This By-Law shall not interfere with or annul any By-Law, rule, regulation or permit, provided that, unless specifically excepted, where this By-Law is more stringent it shall control. SECTION 11. VALIDITY
The invalidity of any section or provi- sion of this By-Law shall not invalidate any other section or provision thereof.
I hereby certify that the foregoing is a true copy of the zoning By-Law of the Town of Leverett.
F. H. TAYLOR TOWN CLERK
SEAL
The foregoing zoning By-Law is hereby approved, as amended. Boston, Mass., May 13, 1959 E. J. McCORMACK, JR. ATTORNEY GENERAL
(a)
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Warrant for annual Jaune Meeting held Feb. 14, 1959. Commonwealth of massachusetts Franklin 88.
To one of the constables of the Tour of Lawett greeting.
In the name of the commonwealth you are hereby directed to notify and warm the inhabi- touts of the Town of herett qualified to vote in Town affairs, to meet in elementary school auditorium at said Leverett, on Saturday, the fourteenthe day of February next, at ter and one half o'clock in the Jovenvon, there and there to act on the following articles namely. Cuticle. To choose all necessary town officers to serve for periods presculd by law or town custom.
article 2. To act on the report of the auditor Selectinen, School Committee, School nurse, Library Trustees and Tax Collector.
cuticle 3. To see if the Town will author in the Town Treasurer with the approval of the Selectmen, to borrow money from time to time in anticipation of of the financial year, beginning January , 1159, tend to issus a note on motis there're payable within one year, and to renew any notes in may be given for a period of less than one you, in acor- dawar with Lection 17, blue tec 44 of the General Leurs.
article 4 Is see if the Town will vote to accept the list of jurors as fare and by then Selectmens.
article 5 To use in the Tour with vet to Jan, 2 To cut howcity to residents of town on las was killed in tins Town, ar act antig thereon.
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Istices To see if the Town will vote to transfer a sum of money Drow the Road Machinery Fund for machinery maintenance, or at anything thereou.
article 7 To via the Face with voto to raise and appropriate a sum of money for the case of cimiteri in Town, and for the observance of Memorial Day, or act anything -
article & To see if the Town will vate to vairs and appropriate money. In the Jawn Library as act anything thereow.
article To see if the Town will vote to raise and appropriate a run of money for sidewalls, highway bridas, railings, snow removal, sauding, etc., or take any action in relation thereto.
article 10. To ale if the Town will vote to raise and approforiato, or transfer from available funds in the treasury, a sum of money for & apte 81 highway work, or take any action in relation there to. article if To see if the Zowane will vote to raise and appropriate, or transfer from available funda in the treasury, a sum of money for Chapter 907 highway maintenance, or take any action in relation thereto. article 12 To see if the town will voto to rise and appropriate or transfer from available funds in the treasury, a sum of money for chapter 90 Highway leaustru stran,
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or take any action in relation thereto. article 13 To see if the Town will vote to cause and appropriate or transfer from available funds in stu treasury, a sum of money for chapter 90 Bridge construction, or take any action in relation thereto.
Cuticles4 To see if the Town will vote to reine and appropriate the sum of one hundred dollars for payment of a land damage dans submitted by Halland Thompson, or art anything theron.
article 15. To see if the Town will vote to appropriate the sum of fifty dollars for payment of a land damage claim submitted by Vernonluther, or act anything theron.
article 16. To see if the Town will vote to adopt The goning By-Laws of the Foure of hererett, dated February 6,1959, ou record with the Four blevks, and which was distributed with this warrant. article 17. To sell the Town will vote to transfer 005. how the Workmen's Compensation diemauer Freud 25 the compensation Insurance le count, 00 take any action theron
Streets 41 / ection 97 o Tu Januar Laur, and voice and appropriate a sung money for the expense of a Police blive, ou act any thing throw. article 19a) To see if the town will vote to accept the addition to the Leverett Elementary School Building from the I chool Building Committee,
(b). To see if the Town will vote to discharge the school Building Committee, ar act anything theron.
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article 20 To see if the Town will vote to transfer a sum of money from surplus anewday to the reserve fund, or act anything themon.
article 21 To see if the Town will voto to raise and appropriate the sum of $ 41,537.02 to cover the Town of Leveretts share of the Regional E Night's choal Budget for 1959, ar act anything
article 22 To see if the Lawn will vote to fix the salaries of elected and appointed officers for the evening year as follows, from January1, 1959 and maile and appropriate a Sume of money therefor.
Elected Officials
moderator $10.00
Janne black + Lucasmen 1000,00 Chairman, Selectmere 275.00 Selectmere (2) 250.00
Chairman, Public Welfare 75.00
Members (2) Public Welfare 50.00
Chairman assessors 300.00.
Quenous (2) 150.00
Chairman, School Committee 65.00
School Committee (2) 60.00
Jay do allector 300.00
auditor 15.00
Constables+ Police
76,00
Fre Mardue
10,00
appoulet Officers
bleck of Board of Sebestuur 200,00
Forest Fire Harden
25.00
Inspector of animals 50.00
Suspecter of Slaughtering 125.00 assistant moderator 5.00 Civil Defense Diector 25.00 Deputy Forest Fire Couleurs(2) 10,0
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article 23 To see if the Town will vote to sauce and appropriate suche simusof money as shall be necessary to meet Town expenses, or act anything thereon.
article 24 (a) To see if the Town will vote to take any action to the Bill filed by Rep Kostawski regarding the taking of land ley Eminent Domain in Saw Mill River valley, so called, or act anything thereon (b) To see if the Town will voto to raise and appropriate a sum of money for any action taken in regard to the alone article or take any action thereto.
article 25 To say the Town will vote to transact any other business that may legally come before this meeting or act anything therion.
and you are directed to serve this warrant by posting up attested copies there of on the store and the congregational Chaude at Leverett, also the store and the Baptist Church at noite huset, and the store at movie Games, seven days at least before the day of said meeting given under our hands the forthe day of February a 0. 1959
Clifford 28. Bliun hranice m. glazier
electionund unett
Town Le lech
I have served this warrant as directed therein
Le hester & Hormard
Feb. 6, 1959- Constable
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Record of the annual Town meeting held February 14, 1959 The meeting was called to order by Chairman of Selectier ledefford H. Blinn. Prayer was offered by Rw. Thebest Dipow. article 1- Sutter absence of Himy Mangels the moderator- William blake was chosen moderator for this meeting.
Other officers chose were as follows; auditor for 1 year Ruth E. Field, Town lebech + Jeaswe 1 year F. JV. Taylor Tax ceallester 3 years varnum f. abbott
Selectman
for 3 years Maurice M. Grazia for 3 years Chesters Woodard School Low for 8 years Charles Robitaille
I divel com for year to finish the unexpired term of Eleanor Kamys who has signed balls. Rays. The resignation of Mas Eleanor Ramy. was accepted with much regut. Library Fruste 3 years Winifred goyette 3 years Elizabetto graves Constable Laurtable Laustable 1 year Chester s. Woodard 1 year Josephen La belaire Lycan David Field Tree Harder 1 year buford grave 14000 Glow lation 1. 1 year Ethan Howard & 11 Field Deiner Stanley Kosloski 1 year Williams Williams 1 year 1 year David Field 1 year Mildred Rice Pound Tuejan 1 year Peter Imprimante
active 2 voted to accept the various reports as printed. articles vated that the Treasurer with the approval of the selectionen
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be authorized to bonne money from time to time in anticipation of the revenue of the financial year beginning faw. 1, 1951 and to issue a note on noter theufor, payable within one year, and to renew any noter as may be given for a prod of less than one year, in accordance with Section 17, Chapter 44 of the gun Laws. article + lated to accept the list of jurors as prepared by the selectmen
article 5 vated that the Town pay a fifty cent bounty to residents of this town on hedgehogs killed in this town.
articlele vated to transfer $4000, from the Road Mademay Fund to the Road madimuy account. The Sum of $585.40 of this amount to cover over draft which occurred in 1958, Cuticle7 voted the sum of 900. for the car of Cemeteries and the observance of memorial Day.
article & votad to raise and appropriate the Sum of $450. plus fees of $40.83 plus the dog fund for the use of the Town Library articleq loted to reuse and appropriate theo sum of $2300, for side walks, highways, bridges, railings, snow removal, sanding etc. article 10, rated that the Run 0 1360. or yourfeed your funds in this treasury be raised and appropriated, to meet the Jawa's share of the cost of chapter 81 Highway work,
article y vated to raise and appropriate or transfer from available fund in the treaming the sum of $1000. to meet this Town's share of the cost of chapter 90 Highway maintenance,
article 12 Vated that the sum of $2000 be appropriated for permanent construction of Care Will and montague Roads, and
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to meet said appropriation $2000, be transferred from the proceeds received from the state under the provisions of chapter 718 acts of 1956.
article 13 Vated that the sum of $750. be appropriated to meet the Towns share of the cost of Chapter 9, bridge construction and to meet said appropriation the sumof $750. be transferred from proceeds received from the State under the provisions of Chapter 718 acts of 1956.
article 1 4- vated to raise and appropriate $100. For land damage claim submitted by Halland Thompson.
article 15. Vated to raise and
appropriate the sum of fifty dollars for land damage chain submitted by Vinon butter. article 16 motion was made by arnold glazier that the honing By Law on read by this aut. moderator and as foresented at the open hearing on January 29, 1959 at herents school be adopted in its entirety with thisperceptions recommended by the Planning Board in its Final Report, " these exceptions being duction 5 cuticle / "Petroliere refining and the bells storage of petroleum products," that the words," and the bulls storage of petroleum products," be strecken; as that under dect. 5, art, Prohibited Use # 15 would read " Petroleum Refining" also that prohibited use #24" Juo recapping and retreading" be stricken from the By- Law. For tu complete tout of the above igoning By-Laws See Page 20 this book
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