USA > Massachusetts > Hampden County > Palmer > Town Annual Report of the Officers of the Town of Palmer, Massachusetts 1948 > Part 7
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Article 8. To hear and act on reports of commit- tees.
Article 9. To choose committees and give them in- structions.
Article 10. To determine the manner and state the terms and conditions of collecting taxes for the ensuing year, and fix the compensation of the collector of taxes.
Article 11. To see if the town will raise and ap- propriate money to convey pupils to and from public schools and instruct the school committee as to the man- ner of letting the contract for such conveyance.
Article 12. To see if the town will raise and appro- priate money for the Young Men's Library Association, or take any action relative thereto.
Article 13. To see if the town will vote to raise and appropriate money for the observance of Memorial Day.
Article 14. To see what action the town will take in respect to lighting the streets and whether it will auth- orize the selectmen to make contract therefor, and raise and appropriate money for the same.
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Article 15. To see what action the town will take relative to suits and claims now pending against the town.
Article 16. To see if the town will raise and appro- priate money for the care and improvement of ceme- teries.
Article 17. To see if the town will raise and appro- priate money for the suppression of the gypsy, browntail and satin moths and elm tree beetles, and other insect pests.
Article 18. To see if the town will raise and appro- priate such sums of money as may be necessary to defray the cost of rent, janitor service and maintenance of the town offices in the Holbrook Building.
Article 19. To see if the town will vote to raise and appropriate the sum of $1,000.00 or ony other sum to help defray the cost of maintaining the District Nurse.
Article 20. To see if the town will raise and appro- priate money under the authority of Section 22 of Chap- ter 115 of the General Laws for the care of graves of per- sons who served in the Army, Navy or Marine Corps of the United States in time of war or insurrection and were honorably discharged from such service.
Article 21. To see what action the town will take in relation to sewers.
Article 22. To see what action the town will take in regard to sidewalks and curbing.
Article 23. To see if the town will raise and appro- priate any sum of money to be paid to the Wing Memorial
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Hospital Association for the charitable purposes of said association in this town, or for the care and support in said hospital of persons wholly or in part unable to sup- port or care for themselves, or take any action relative thereto.
Article 24. To see if the town will vote to raise and appropriate any sum of money for the granting of ade- quate assistance to deserving citizens of the town in need of relief and support sixty-five years of age or over under the provisions of Chapter 118A of the General Laws, and for expenses to be incurred in connection with the grant- ing of such assistance, or take any action relative thereto.
Article 25. To see if the town will vote to raise and appropriate any sum of money for the granting of assist- ance under the provisions of the Massachusetts Aid to Dependent Children Law, Chapter 118 General Laws, and for expenses to be incurred in connection with the grant- ing of such assistance, or take any action relative there- to.
Article 26. To see if the town will vote to pay a salary to members of the Board of Public Welfare chosen to serve in the Division of Old Age Assistance, in addition to the salary received by them as members of said Board of Public Welfare, fix the amount thereof, and raise and appropriate any money for the same, or take any action relative thereto.
Article 27. To see if the town will raise and appro- priate any sum of money, to be expended under the direc- tion of the Board of Health, for the purpose of giving to the school children attending parochial or private schools in the town substantially the same medical examinations and tests now afforded to the children attending the pub- lic schools.
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Article 28. To see if the town will vote to authorize the selectmen to sell at public auction, after first giving notice of the time and place of sale by posting such notice of sale in some convenient and public place in the town fourteen days at least before the sale, property taken by the Town under tax title procedure, provided that the selectmen or whomsoever they may authorize to hold such auction may reject any bid which they deem inadequate, or take any action relative thereto.
Article 29. To see what action the town will take relative to the care and preservation of the Memorial Ap- proach to the High School, the plot of land at Shearer's Corner upon which the General Knox Marker is located, and the memorial plots in the several villages of the town.
Article 30. To see if the town will vote to raise and appropriate any sum of money for the operation and maintenance of Burleigh Park, Legion Field and the Eag- er Playground in the Depot Village, or take any action relative thereto.
Article 31. (a) To see what action the town will take with reference to the planting and preservation of shade trees; (b) To see if the town will vote to determine and fix the salary of the tree warden and raise and ap- propriate money for the same; (c) To see if the town will vote to raise and appropriate any sum of money for labor and materials and tools for use in connection with the De- partment of the Tree Warden.
Article 32. To see if the town will raise and appro- priate, or transfer from unappropriated available funds in the treasury, a sum of money for Chapter 90 Highway Maintenance, or take any action relative thereto.
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Article 33. To see if the town will vote to raise and appropriate any sum of money to be expended for the burial of soldiers or sailors, their wives and dependent children, or other members of the Armed Forces of the United States under the provisions of Chapter 115 of the General Laws.
Article 34. To see if the town will raise and appro- priate any sum of money for the maintenance of the Vet- erans' Service Center.
Article 35. To see if the town will raise and appro- priate any sum of money to provide and maintain quar- ters for Edward T. Goodreau Post #1813, Veterans of Foreign Wars of the United States for the year 1949, authorize the selectmen to negotiate and execute, in the name of the town, a lease for the same, and raise and ap- propriate money for repairs to said quarters and for the rental thereof.
Article 36. To see if the town will vote to accept the following perpetual care funds which have been given to it during the year : Robert J. Brown, Jr. $100.00; Sar- ah E. Harrison $100.00; Sidney K. Tuttle $50.00; Neils and Ame Johnson $100.00; Grace M. Wheeler $100.00; Angie A. Buffington $50.00; Margaret S. Hamilton $100.00; Emma B. Russell $100.00.
Article 37. To see if the town will vote to raise and appropriate any sum of money to be paid to the Treas- urer-Custodian of the Hampden County Retirement Sys- tem to be credited to the town's share of the funds there- of.
Article 38. To see if the town will vote to make and adopt a By-law relative to the regulating of build- ings and premises, according to their use, construction,
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location, or size to specified parts of the Town as shown on plan map hereto attached and made a component part of this By-law.
"SECTION 1. Purpose.
For the purpose of promoting the health, safety, con- venience, morals and welfare of its inhabitants, the Town of Palmer, under the authority granted by General Laws, Tercentenary Edition, Chapter forty, sections twenty- five to thirty B inclusive, does hereby make this by-law to be hereafter known and designated as the Zoning By- law of the Town of Palmer. Further purposes of this By- law are to lessen congestion in the streets; to secure safe- ty from fire, panic and other dangers; to provide ade- quate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewer- age, schools, parks and other public requirements ; and to increase the amenities of the Town.
SECTION 2. Districts.
For the purpose of this by-law, the Town of Palmer is divided into 7 classes of districts, as follows :
(1) Residence A Districts
(2) Residence B Districts
(3) Residence C Districts
(4) Agricultural Districts
(5) Business A Districts
(6) Business B Districts
(7) Industrial Districts
The boundaries of each district are hereby estab- lished as shown on the Building Zone Map entitled "Build- ing Zone Map, Town of Palmer, Massachusetts, Palmer Planning Board, M. O. Saunders, Consultant, scale 1 Inch Equals 400 Feet" which accompanies and is hereby de-
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clared to be a part of this by-law. Said map is hereinafter referred to as the Building Zone Map.
SECTION 3. Definitions.
In construing this by-law the following words shall have the meaning herein given, unless a contrary inten- tion clearly appears.
(1) The singular number includes the plural, and the plural the singular; the word "lot" includes "plot;" the word "building" includes "structure;" the word "oc- cupied" includes "designed, arranged or intended to be occupied;" and the word "used" includes "designed, ar- range or intended to be used."
(2) ACCESSORY BUILDING. A subordinate building, the use of which is incidental to that of a prin- cipal building.
(3) ACCESSORY USE. The use of a building or premises for a purpose customarily incidental to the main or principal use permitted in the district.
(4) ALTERATION. A change in or addition to a structure.
(5) APARTMENT. A building of fire resisting construction having accommodations for five or more families.
(6) ATTACHED. Connected to or united with.
(7) ATTIC. The space between the ceiling of the top story of a building and its roof and not used for liv- ing, sleeping or eating quarters.
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(8) BUILDING. A combination of any materials, whether portable or fixed, having a roof, to form a struc- ture for the shelter of persons, animals or property. For the purpose of this definition "roof" shall include an awn- ing or any similar covering, whether or not permanent in nature. The word "building" shall be construed, where the context requires, as though followed by the words "or part or parts thereof." A porch is to be considered as part of a building when considering set backs.
(9) BUILDING ACCESSORY. An accessory building, as defined in paragraph (2) hereof.
(10) BUILDING, PRINCIPAL. A principal build- ing, as defined in paragraph (27) hereof.
(11) BUSINESS. The transacting or carrying on of a trade of commercial enterprise with a view to profit or for livelihood.
(12) CEMETERY. A place or area of land, set apart for the burial of the dead, operated, managed and controlled under the provisions of General Laws, Tercen- tenary Edition, chapter one hundred fourteen or a burial place under the care and supervision of the Town or other public authority.
(13) CORNER LOT. A lot bounded on two sides by streets.
(14) CREMATORY. A building containing a fur- nace designed and intended to be used for cremating the dead and owned and controlled by a cemetery corporation or crematory corporation duly organized under the laws of the Commonwealth of Massachusetts.
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(15) DETACHED. Separated from.
(16) DWELLING. A building occupied exciusive- ly as a residence for one or more families.
(17) DWELLING, SEMI-DETACHED. A semi- detached dwelling as defined in paragraph (32) hereof.
(18) FAMILY. A person or a group of persons of immediate kindred who live together as a single house- keeping unit under one head.
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(19) FIRE RESISTING CONSTRUCTION. A building having exterior walls of solid masonry or other incombustable material and a roof covering of fire resist- ing materials.
(20) HEIGHT. In reference to a building, the ver- tical distance between the highest point of the roof and the grade of land on which the building is located.
(21) HOSPITAL. An institution where only sick and disabled persons are given medical, surgical or con- valescent care.
(22) HOTEL. A building operated by a duly li- censed innholder where lodging is furnished or food is served to transient or permanent guests and which has a public dining room and a general kitchen.
(23) JUNK. Articles such as old iron, brass, cop- per, tin, lead or other base metals, cordage, old bags, rags, waste paper, paper clippings, scraps, clips, rubber, glass, empty bottles, empty cans and all other articles discarded and no longer used as a manufactured article composed of any one or more of the materials mentioned but which may be converted into some other product by means of some manufacturing process.
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(24) LODGING HOUSE. A residence where lodg- ings are let to five or more persons not within the second degree of kindred to the person conducting the house and which does not contain a public dining room or cooking facilities in any rented sleeping room.
(25) LOT. A parcel of land which is or may be oc- cupied by a principal building and its accessory build- ings, together with such open yard areas or spaces as are required under the provisions of this By-law.
(26) NOT-CONFORMING USE. A use of a build- ing or land in a manner not in accordance with the use regulations of the district in which it is situated.
(27) PRINCIPAL BUILDING. The main or most important building on a lot. Attached structures such as garages, green houses and similar units are to be consid- ered as part of the principal building.
(28) PROFESSIONAL ENGINEER. A person employed in a practice of engineering as defined in Gen- eral Laws, Tercentenary Edition, chapter one hundred twelve, section eighty-one D.
(29) REAR LOT LINE. The lot line opposite the street line, except that in case of a corner lot, the rear lot line shall be the line opposite the street line of the street on which the building is numbered or would be numbered.
(30) REAR YARD. The required unoccupied space or area within the lot between the rear lot line and the part of the principal building nearest such rear lot line.
(31) SANITARIUM. An institution for the recup- eration or treatment of persons suffering from physical or mental disorders.
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(32) SEMI-DETACHED DWELLING. A single family residential unit that is joined on one side to an- other single family residential unit and having a party wall between the said units.
(33) SCHOOL. A building devoted to the instruc- tion or education in primary, secondary or high school grade, on a non profit basis.
(34) SECONDHAND MATERIAL. Materials, ar- ticles or machinery which have been used or owned by some person other than the dealer offering the same for sale and which may again be used without alterations.
(35) SERVICE. The performance of any act for the benefit of another with a view to profit or for a live- lihood.
(36) SETBACK. The minimum required unoccu- pied 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.
(37) SIDE LOT LINE. The line dividing one lot from another.
(38) SIDE YARD. The required unoccupied space or area within the lot between the side lot line and the parts of the building nearest such side lot line; and in the case of a corner lot, one of the side yards shall be the un- occupied space or area between the street line of the side street and the parts of the building nearest to such street line.
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(39) STREET. A way, whether public or private, set aside for the passage of persons, animals or vehicles, and including streets, avenues, boulevards, parkways, roads, alleys, lanes and viaducts.
(40) 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 authority laying out said way upon which the lot abuts.
(41) STORY. The horizontal portion through a building between floor and ceiling. The word "story" shall not include the portion of the basement or cellar of a building above grade. The word "story" shall not in- clude "attic" as defined in paragraph (6) hereof.
(42) STRUCTURE. A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, re- viewing stand, platform, bin, fence, sign, flagpole, mast for radio antenna or the like. The word "structure" shall be construed, where the context allows, as though fol- lowed by the words "or part or parts thereof."
(43) SUBDIVISION. The division of a lot, tract or parcel of land into two or more lots, sites or divisions of land, in such a manner as to require provision for a street for the purpose, whether immediate or future, of sale or building development. The word "subdivision" shall in- clude "resubdivision" in relating to the processes of sub- dividing or to land already subdivided, when appropriate to the context.
SECTION 4. RESIDENCE A DISTRICTS.
(a) USES. In a Residence A District, as indicated by the Building Zone Map, no building or other structure shall be erected, altered or used, and no land shall be used
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or occupied for any purpose except one or more of the fol- lowing :
(1) A one-family dwelling for one housekeeping unit only.
(2) Town buildings, playgrounds and parks, and such accessory buildings as may be ordered by the board of public officers or town officials having charge of the land upon which said accessory buildings are or will be erected. This provision shall not apply to lands and build- ings acquired by the town by tax title foreclosure or held by the town in a private capacity.
(3) Real estate signs having an area of not more than six (6) square feet advertising the sale, rental or lease of the premises on which they are maintained.
(4) Cemeteries adjacent to or in extension of exist- ing cemeteries, and crematories, provided the same are situated within cemeteries.
(5) Accessory uses customarily incident to any use or building permitted herein, provided that such use or building shall not be offensive nor dangerous to life by reason of health or fire; and provided further that such accessory use shall not include any activity conducted for gain. No advertising device, whether illuminated or oth- erwise, shall be permitted in connection with such acces- sory uses or building. No private way or walk shall give access across or upon a lot in a Residence A District to a business or industry on an adjoining lot, or parts of the same lot.
The keeping and raising of poultry, pigs, rabbits, livestock, pigeons, whether raised for the table or other purposes, or other like objectionable uses are prohibited.
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(6) Private garages, provided no business, service or industry is conducted therefrom or therein. Not more than one (1) motor vehicle for each five thousand (5000) square feet of lot area or fraction thereof, nor more than five motor vehicles in any case shall be kept on the prem- ises. Space for motor vehicles shall not be used, leased nor rented for commercial vehicles.
(7) Not more than one house trailer may be kept on the premises. The trailer shall not be used for living quarters while so located. Space shall not be leased for trailers.
(8) An accessory building shall not be used for residence purposes except by a person employed on the premises and his immediate family, and only if located in the rear of the principal building and with no immediate street frontage.
(b) HEIGHTS. A residence building shall not ex- ceed two (2) stories and attic nor more than thirty-five (35) feet in height. Schools or town buildings shall not exceed fifty (50) feet in height. The height provisions shall not apply to chimneys or flag or radio poles. An ac- cessory building shall not exceed one and one-half (11/2) stories or twenty-five (25) feet.
(c) SETBACKS. No part of any building or other structure including a porch shall be erected or altered so as to be nearer to the street line than the nearest building on either side thereof facing the same street and within the same block and district; but in no case need the set- back required in this section exceed thirty-five (35) feet.
Where the alignment of a building is not controlled by the preceding paragraph, no part of any building shall be placed within thirty-five (35) feet of any street line
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and on a corner lot, except as otherwise herein provided, no part of any building shall be erected so as to be less than thirty-five (35) feet from any street line.
Detached garages or accessory buildings shall not be placed within fifty (50) feet of the street line on which the lot faces. An attached garage shall be consid- ered as a part of the main structure and shall be governed by the same setback rules.
When a dwelling is to be erected on a lot in a Resi- dence A District adjoining a business or industrial dis- trict, the setback from the street line on which it faces need not exceed thirty (30) feet.
Existing open porches, which are thirty (30) feet from the street line may be enclosed on one or more sides.
(d) SIDE YARDS. There shall be a side yard be- tween a principal building and each side lot line which shall be not less than fifteen (15) feet wide in its least dimension.
Detached garages or accessory buildings shall not be placed within five (5) feet of a side lot line.
(e) REAR YARDS. There shall be a rear yard on every lot between the principal building and the rear lot line. It shall be no less than twenty-five (25) feet deep in its least dimension.
A one-story accessory building shall be placed at least five (5) feet from the rear lot line. A one and one- half (11/2) story accessory building shall be placed at least ten (10) feet from the rear lot line.
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(f) LOT SIZE. No lot shall have a frontage of less than eighty (80) feet on a street nor an area of less than ten thousand (10,000) square feet.
(g) LOT COVERAGE. No principal building shall be erected or altered so as to cover more than thirty (30) per cent of the area of the lot on which it is located.
SECTION 5. RESIDENCE B DISTRICTS.
(a) PERMITTED USES. In any Residence B Dis- trict, as indicated on the Building Zone Map no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except the following :
(1) Any use permitted in a Residence A District. (See Section 4.)
(2) A one-family detached dwelling for one house- keeping unit only ; provided, however, that the Board of Appeals, upon an appeal from an order or decision made by the Enforcing Authority, and if it deem such action wise and if it shall appear to the board that such action will tend to preserve the standard and character of the neighborhood, authorize a variation in the use of the one- family dwelling so that such dwelling may be altered and improved and facilities added for a second housekeeping unit. In all such cases, the petitioner, as a condition pre- cedent to the privilege herein granted, shall present ade- quate plans setting forth the changes and improvements to be made, and shall have secured the written consent and approval of at least three (3) of the following prop- erty owners :
The owner of the lot on either side of the petitioner's property ; the owner of the lot adjacent in the rear of the petitioner's property and the owner of the lot directly
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across the street therefrom. Where the petitioner is the owner of a lot on either side, in the rear or across from the property for which a variation is requested, such lot shall be omitted, in which case, written consent and ap- proval shall be secured from the owner of the property next to that omitted. In case there are two owners of the lot adjacent in the rear of the petitioner's property, the owner of the lot which abuts the greater length on the petitioner's property shall be deemed (the owner of the lot adjacent in the rear of the petitioner's property) as used in the second clause of the first sentence of this paragraph.
In the case of an appeal for variation involving a dwelling situated on a corner lot or so located that the ob- taining of the exact numerical assents of the owners above enumerated is unreasonable or impossible, the Board of Appeals may grant the variation, provided that the consents of the property owners are obtained substan- tially in accordance with the principals herein set forth, as may be determined by the Board of Appeals. The pow- er to authorize such variation of the use of existing dwell- ings shall be within the sound discretion of the Board of Appeals, and no variation in use shall be granted unless it shall be clear that the relief requested is for the best in- terests of the vicinity and in harmony with the general purpose and intent of this Zoning By-Law. Each case shall be considered on its own merits and no case shall raise a presumption in favor of any other case. No decis- ion of the Board of Appeals shall be considered as chang- ing or affecting the zoning of any Residence District; but decisions of said Board of Appeals in favor of the peti- tioner shall be considered as "special exception" as de- fined in General Laws, Tercentenary Edition, Chapter forty, section thirty.
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