USA > Massachusetts > Plymouth County > Duxbury > Town annual report for the town of Duxbury for the year ending 1961-1965 > Part 17
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The limitations of height in feet shall not apply to chimneys, ventilators, skylights, tanks, bulk- heads, penthouses and other accessory structural features usually carried above roofs, nor to domes, towers, or spires of churches or other buildings provided such features are in no way
b)
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used for living purposes, and further provided that no such structural feature of any building shall exceed a height of sixty-five (65) feet from the ground, except by special permit for excep- tion by the Board of Appeals.
c)
In Business Districts any yard space or area required to be kept open and unbuilt upon may nevertheless be used for off-street automobile parking, if otherwise lawful, except that a strip not less than ten (10) feet wide on which to grow grass, bushes, flowers or trees shall be maintained open, unpaved and not parked upon along each side and rear property line of such a lot wherever it abuts a residential district.
d) In a business district no accessory building or structure shall be located within the required front yard area. Accessory structures may be ap- pended to the principal building or to another accessory building.
e) No lot, yard, court or other open space already having less than the minimums required in these by-laws shall be further divided or reduced.
f) Projections. Nothing herein shall prevent the projection of steps, stoops not exceeding thirty (30) square feet in area, eaves, cornices, window sills, or belt courses into any required yard.
GENERAL REGULATIONS
A. Minimum off-street parking and loading require- ments.
1. In a business district off-street parking space shall be provided in connection with the original erec- tion or increase by units or dimensions of any building or structure in the following amounts:
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a) For residential uses, two parking spaces for each family housed on the lot.
b) For general retail business, commercial and per- sonal service establishments, parking facilities on the basis of one (1) parking space per 70 square feet of floor area, exclusive of basement storage space or other space not used for business purposes. In addition to this amount, one (1) space for each two (2) employees shall be pro- vided.
c) For office, professional or public buildings having a floor area of over 2,000 square feet exclusive of basement, one off-street parking space for each 200 square feet of ground floor area not used for bulk storage and one (1) parking space for each 400 square feet of floor area other than the ground floor.
d) For restaurants, tea rooms, lunch counters, or other facilities for eating or drinking, one (1) parking space for each three (3) employees plus one (1) additional space for each four (4) patrons accommodated at tables or counters.
e) For roadside stands, filling stations, automobile repair shops or other roadside service establish- ments, one (1) parking space for each two (2) employees plus such additional spaces for cus- tomer-motorists as the Board of Appeals shall deem necessary, in order to provide a maximum of safety and a minimum of congestion on the adjacent roadways.
f) For any and all uses or structures not specifically provided for in the foregoing enumeration, such parking space as the Board of Appeals shall de-
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termine to be necessary, considering the activities involved, in order to provide a maximum of safety and a minimum of congestion on the ad- jacent roadways.
2. Whenever after the date of this By-Law, there is a change in the lawful use of the premises or in the num- ber of employees or business visitors or any other unit of measurement specified in any of the foregoing paragraphs of this Section, and whenever such change creates a need for an increase of more than 20% of the number of off- street automobile parking spaces as determined by the requirements of this Section, more off-street parking facil- ities shall have been provided on the basis of the adjusted needs, as determined by this Section. When a building or use that does not conform to these off-street parking re- quirements is expanded, parking space as specified shall be provided for the expansion.
3. Mixed uses: In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses, computed separately in accordance with this sub-section: parking facilities for one use shall not be considered as providing the required parking facilities for any other use unless it can be clearly demonstrated that the need for parking occurs at different times.
4. Location of facilities: Off-street automobile park- ing facilities to the extent required in this section may be provided either on the same lot or premises with the parking-generating activity or on any lot or premises a substantial portion of which, at least, is within 200 feet of such activity.
5. Parking areas shall be used for automobile park- ing only with no sales, dead storage, repair work, dis-
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mantling or servicing of any kind. The required parking areas shall be permanently available for use by patrons and employees of establishments providing such space.
6. Design standards.
a) All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley as well as maneuvering areas. Ac- cess to and from lots shall be through designated driveways with openings or curb cuts not in excess of forty (40) feet in width at exterior line of public or private way.
b) Said parking areas shall be provided and main- tained with a permanent dust-free surface, shall be provided with adequate drainage and shall have bumper guards where needed for safety.
c) If lighting is provided, the source of light shall be so arranged and shielded as to prevent direct glare from the light source into any public street or onto adjacent property.
d) Parking lots immediately adjacent to a Residence District shall be adequately screened from view from said Residence District by trees, hedges, or a tight fence.
7. Off-street loading: On the same premises with every building where goods are received or shipped, which is newly erected or increased by units or dimensions after the date of adoption of this By-Law, adequate loading areas shall be provided. Every part of such loading area shall be located completely off the street.
8. Construction approved prior to enactment of By- Law provision. Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building permit has been
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issued and the construction of which shall have been dili- gently prosecuted within six (6) months of the date of such permit, and which entire building shall be com- pleted according to such plans as filed within two (2) years from the date of enactment of this By-Law.
9. Lack of required parking or loading space. A building or structure which is non-conforming as to the requirements for off-street parking space shall not be enlarged or altered to create additional dwelling units, or seats as in the case of places of public assembly, or floor area as in the case of commercial, industrial, business or institutional or recreational buildings, or accommodations as in the case of hotels, motels, and tourist homes unless off-street parking is provided for such addition, enlarge- ment or alteration. A building which is non-conforming as to the requirements for off-street loading space shall not be enlarged or added to, unless off-street loading space is provided sufficient to satisfy the requirements of this By-Law for both the addition or enlargement and the original building or structure.
ADMINISTRATION
1. This By-Law shall be enforced by the Board of Selectmen, either directly or by an inspector appointed by them; and upon any well founded information as to a violation, the board shall take immediate steps to enforce this By-Law in any manner provided by law. No person shall erect or alter a building or other structure in this Town without a permit from the Selectmen granted upon application made to them upon a form prescribed by them. If the Selectmen find that the construction, location and proposed use of the building or structure to which the application relates in the place specified in the application are authorized by this By-Law, they shall grant such per- mit; otherwise they shall refuse it. Such building permit
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as may be required by the building code of the Town of Duxbury shall be considered as the same as that required above.
Matter accompanying application. Each application to the Building Inspector for a building permit or a cer- tificate of occupancy shall be accompanied by a site plan showing the location, area and dimensions of the lot and all buildings, yards, and parking spaces, existing and pro- posed. Where off-street parking required by the By-Law is proposed on a lot other than the lot on which the build- ing is located, a plan of the off-street parking area shall also be provided.
2. After the building, or part thereof, has been com- pleted, altered, enlarged or relocated, the owner or his agent shall obtain a certificate of occupancy for the pro- posed use before the same may be occupied or used.
In cases of use and occupancy of any building or structure, or part thereof, during a period of construction or alteration, the Building Inspector may issue temporary certificates for periods not exceeding six (6) months.
Applications for occupancy permits shall be filed with the applications for building permits and shall be allowed or denied in writing (which writing shall contain the cause of the action taken), within seven (7) days after the Inspector of Buildings has been notified in writing that a construction or alteration of such building or structure has been completed.
3. Any person violating any of the provisions of this By-Law may be fined no more than $20.00 for each of- fense. Each day that such violation is permitted to exist after written notification thereof by the Building Inspec- tor shall constitute a separate offense.
(2/3 vote required)
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An amendment was made to change the area in square feet, minimum lot dimensions, from 15,000 to 10,000. This amendment was defeated by a vote of No, 199; Yes, 79.
The original motion was then voted. Vote: Yes, 247; No, 7.
Under Article 23, it was voted to amend the Protec- tive By-Law in the following manner: To change from Residence District to a Business District a certain parcel of land shown as a Portion of Lots 145A and 148A on Block S of the Duxbury Assessors' Map, located on the easterly side of Washington Street, and to change the "Map of the Town of Duxbury" in accordance with this vote. Vote unanimous.
It was voted to take up Article 24 after Article 49.
Under Article 25, it was voted that the Town raise and appropriate the sum of $12,000.00 for engineering and construction costs in regard to the damage to Powder Point Bridge.
Under Article 26, it was voted to accept as a gift from Lot Phillips & Co., Corporation, a parcel of land located off the Easterly side of Chandler Street, containing ten acres, more or less, shown as Lot 40 on Block I of the Duxbury Assessors' Map, and more particularly described in a deed from John W. Cushing and Ella F. Stoddard to Lot Phillips & Co., Corporation, dated July 13, 1926, and recorded with Plymouth Deeds in Book 1510, Page 589, and that the Town express its appreciation for the gift in the form of a letter from the Selectmen to Mr. Phillips.
Under Article 27, it was voted to install a Street Light at the intersection of Summer and Birch Streets.
Under Article 28, it was voted to install a Street Light at the intersection of Standish and Crescent Streets.
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Under Article 29, it was voted to raise and appropriate the sum of $2,100.00 to purchase a base station unit and one mobile radio unit for the Fire Department, and the narrow banding of five (5) mobile units presently in service, in order to comply with the new Federal Com- munications Commission (F.C.C.) rules and regulations.
Under Article 30, it was voted to raise and appropriate the sum of $5,000.00 for the purpose of rebuilding the bulkhead at Mattakessett Court.
Under Article 31, it was moved and seconded that the Town authorize the Water Department to install a water main with hydrants consisting of 2,900 feet of 8" pipe, from the corner of Elm & School Streets at Tinkertown, to the corner of Oak and Tremont Streets at Island Creek, and raise and appropriate the sum of $12,500.00 for this purpose, but that this appropriation shall be amortized annually in 15 equal amounts on the Water Department's Memorandum Account of Surplus. Voted down.
Under Article 32, it was voted that the Town install a water main with hydrants, consisting of 2,550 feet of 6" pipe from Cox's Corner along Tremont Street to Careswell Street, and to continue along Careswell Street to Enter- prise Street, and raise and appropriate the sum of $7,400.00 for this purpose, but that this appropriation shall be amor- tized annually in 15 equal amounts on the Water Depart- ment's Memorandum Account of Surplus. Vote: Yes, 165; No. 67.
Under Article 33, it was voted that the Town install a water main with hydrants on Lake Shore Drive, starting at the Pumping Station, consisting of 2,350 feet of 8" pipe, and raise and appropriate the sum of $8,900.00 for this purpose, but that this appropriation shall be amortized annually in 15 equal amounts on the Water Department's Memorandum Account of Surplus.
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At this time, it was voted to reconsider Article 31. This article was again moved and seconded exactly as it was originally. It was again voted down by a vote of Yes, 149; No 161. On a recount of the vote, the motion still failed by a vote of Yes, 179; No 181.
Under Article 34, it was voted to amend Section 7, Clause C of the Protective By-Law by striking out Section 7 (c) of first paragraph, which now reads as follows: "Lot size. In the residence district no building shall be erected or maintained on a lot of an area of less than 40,000 square feet or of a frontage upon the way upon which it abuts, or upon the set back line, if any, of such way of less than two hundred feet." and substituting the following: "Lot size. In the residence district no building shall be erected or maintained on a lot unless such lot has an area of 40,000 square feet or more and a frontage upon the way upon which it abuts, or upon the set-back line, if any, of such way of two hundred feet or more." and by deleting the last sentence of Section 7 (c) which reads as follows: "The foregoing limitation upon the application of this paragraph with respect to the effective date of this By-Law shall also be applicable to the application of the amendments of this paragraph with respect to the effec- tive date of such amendments, which amendments shall not impose any greater restrictions upon the area or frontage of any such existing lot than were in force when the respective amendments to this paragraph became effective." Vote: Yes, 305; No, 1.
It was voted to take up Article 35 after Article 49.
Under Article 36, it was moved and seconded that a Study Committee of three be appointed by the Moderator to determine the merit of a Town Conservation Commis- sion, as opposed to a Commission formed by acceptance of Section 8C of Chapter 40 of the General Laws. Said
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Committee to make a report with specific recommenda- tions no later than the next Annual Town Meeting.
An amendment was made as follows: That the Town vote to accept the provisions of Chapter 40, Section 8C of the General Laws, which authorizes the Town to establish a Conservation Commission, and that the Town instruct the Board of Selectmen to appoint a committee of five members, and that the Town appropriate the sum of one hundred dollars ($100.) therefor. This amendment was voted down by a vote of Yes, 175; No, 179.
The original motion was then voted.
Under Article 37, it was voted to change the name of that section of street which was formerly a portion of the State Highway known as Route 3A, and which became a dead-end street upon the relocation of Route 3A, from Tremont Street to Woodridge Road.
Under Article 38, it was voted to authorize the Select- men to transfer or sell for $100. approximately 15,000 square feet of land on the northerly side of Harrison Street, being a portion of Lot 6, Block R of the Duxbury Assessors' Map, to the Duxbury Yacht Club, for the pur- pose of making the Yacht Club property more accessible. Vote: Yes, 247; No, 0.
Under Article 39, it was voted unanimously to amend the Duxbury By-Laws by adopting the provisions of Chapter 41, Section 81Z of the General Laws (Ter. Ed.) as follows: "The Board of Appeals appointed and acting under the (Zoning) Protective By-Law shall constitute the Board of Appeals under the Subdivision Control Law with the powers and duties granted by General Laws (Ter. Ed.) Chapter 41, Section 81Z."
(This amendment to the by-law approved by Attorney General Edward J. McCor- mack, Jr. at Boston, Mass., on May 1, 1962.)
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Under Article 40, it was voted to raise and appropriate the sum of $4,000.00 for the purpose of resurfacing a por- tion of Washington Street, northeasterly from Hall's Cor- ner, a distance of 2,800 feet.
Under Article 41, it was voted to authorize the Select- men to appoint a committee to study the desirability and practicability of establishing a modern two-way radio communication system throughout the several Town De- partments and bring in a report, including estimates of the cost, at the next Town Meeting.
Under Article 42, it was voted to transfer from Avail- able Funds in the Treasury the sum of $6,950.00 for the following purposes:
1. To lay only 1,500 feet of water pipe on Frank- lin Street under the new Route 3 $2,250.00
2. To clean mains - Tremont and St. George Streets 1,500.00
3. To conduct extensive pumping tests at Mill- brook 2,000.00
4. To initiate preparation of comprehensive maps of the System 1,200.00
Under Article 43, it was voted to raise and appropriate the sum of $2,500.00 for the clearing and improving of a part of the newly acquired land on Chandler Street.
Under Article 44, it was voted that the Town author- ize the Water Department to install water mains with hydrants on the following streets, and in the approximate lengths and sizes, and raise and appropriate the sum of $41,500.00 for this purpose, but that this appropriation
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shall be amortized annually in 15 equal amounts on the Water Department's Memorandum Account of Surplus:
Distance
Size Pipe
Cross St. from end present main to Vine St.
2,700'
8"
Vine St. from Cross St. to Chandler St.
3,300
6"
King Phillips Path from Cross St. to Congress St.
4,200' 8"
Chandler St. from Vine St. to Mayflower St.
800'
8"
Vote: Yes, 118; No, 75.
Under Article 45, it was moved and seconded that the Town authorize the Selectmen to acquire by purchase from Rudolf L. Talbot and Nancy O. Talbot approximately one acre of land on Snug Harbor Drive, a private way run- ning southeasterly from Washington Street, and to exe- cute, accept, deliver and record agreements, deeds and other instruments pertaining to the transfer of said real estate, such acquisition to be upon such terms and condi- tions and subject to such exceptions, reservations, cove- nants, agreements and restrictions as the Selectmen shall deem proper, and raise and appropriate the sum of $16,500. for the purpose of this Article.
An amendment was made and seconded "That the motion now on the floor be deleted in its entirety and the following substituted therefor: That the Moderator be authorized to appoint a Site Committee of five to be com- posed of one member from the Recreation Activities Com- mittee, one member from the School Committee, one mem- ber from the Planning Board, one member from the Water- front Advisory Committee, and one member at large, to further consider acquisition of the property described in this Article and other properties; to determine prices and methods at which such properties might be acquired; to make specific recommendations as to the acquisition of
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such properties no later than the next Annual Town Meeting, and that the sum of $200.00 be raised and ap- propriated to accomplish these purposes." This amend- ment was voted.
The original motion as amended was then voted.
Under Article 46, it was voted to raise and appropriate the sum of $1,500.00 for the purpose of exchanging a boat and motor for the Shellfish and Harbor Master Depart- ments.
Under Article 47, which reads "Will the Town vote to amend the By-Laws of the Town of Duxbury as follows:
By repealing Sections 1, 2, and 3, of Article 6, Finance Committee, which read as follows:
"Section 1. A finance committee of nine qualified voters of the Town, who shall hold no other Town office, shall be appointed by the Moderator, three members for three years, three members for two years, and three members for one year, and there- after three members for a term of three years. The committee to consider all municipal questions of finance, for the purpose of making reports and recom- mendations to the Town in accordance with Article 16, Chapter 39 of the General Laws.
"Section 2. The appointments under the preceding section shall be made during April of each year to be effective upon the first day of May following.
"Section 3. Whenever a vacancy shall occur in said committee, by resignation, or otherwise, said vacancy shall be filled by the Moderator. A successor shall fill out the unexpired term of the member whose of- fice has been vacated."
and ADOPT in place thereof the following Section under Article 6, Finance Committee:
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"Section 1. A finance committee of nine qualified voters of the Town, who shall hold no other town of- fice, shall be elected as follows: three members in 1963 to serve for three years; three members in 1963 to serve for two years; three members in 1963 to serve for one year, and annually thereafter three members for a term of three years. The Committee shall consider all municipal questions of finance for the purpose of making reports and recommendations to the Town in accordance with Section 16, Chapter 39 of the General Laws."
Voted down. Vote: Yes, 5; No, 142.
Under Article 48, it was voted to re-name Old Route 3, so-called, from Summer Street to the Kingston line, "King's Town Way."
Under Article 49, it was voted to raise and appropriate the sum of $5,550.00 for the purchase of a truck for the Highway Department.
Article 24 was taken up at this time, and under Article 24 it was voted to raise and appropriate the sum of $1,000.00 for the purpose of purchasing a Snow Plow for the Highway Department.
Article 35 was taken up at this time, and under Article 35 it was voted to purchase two sand spreading attach- ments for the Highway Department and Snow and Ice Removal Department and to raise and appropriate the sum of $1,900.00 for this purpose.
The registered voters were checked on the voting list, showing 519 names checked - 236 Females and 283 Males.
Total appropriations $1,419,873.81 (raised by taxa- tion) .
Meeting adjourned at 7:11 p.m.
Respectfully submitted,
MAURICE H. SHIRLEY,
Town Clerk
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TOWN OF DUXBURY ANNUAL TOWN ELECTION
March 17, 1962
The polls were opened at 8:00 a.m. and closed at 8:00 p.m.
The ballot box, after the Absentee ballots were de- posited, indicated 1,670, of which 93 were Absentee ballots, and 1670 were taken from the ballot box.
Nancy Brock, Elwin N. Burdick, John A. Borgeson, Mary Crocker, Florence Crosby, Eunice Dohoney, Eileen Jones, Edith Lucey, Everett Marston, Alice Merry, Phyllis Randall, Norman Rodham, Clarence Snider and Nina Wadsworth served as tellers; also Mary Fenton and Joseph Walsh served as tellers.
VOTES
SELECTMAN - For Three Years
J. Newton Shirley 931
Paul Cole Barber 112
Frankland W. L. Miles, Jr. 614
Blanks 13
And J. Newton Shirley was declared elected.
ASSESSOR - For Three Years
J. Newton Shirley 934
Paul Cole Barber 119
Frankland W. L. Miles, Jr. 599
Blanks 18
And J. Newton Shirley was declared elected.
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MODERATOR - For One Year
Bartlett B. Bradley 1,544
F. W. Perry 5 Scattered 3
Blanks 118
And Bartlett B. Bradley was declared elected.
TOWN CLERK - For Three Years
Maurice H. Shirley
1,589
Blanks 81
And Maurice H. Shirley was declared elected.
TOWN TREASURER - For Three Years
Maurice H. Shirley
1,583
Blanks 87
And Maurice H. Shirley was declared elected.
COLLECTOR OF TAXES - For Three Years
Wesley B. Stuart 1,558
Scattered
1
Blanks 111
And Wesley B. Stuart was declared elected.
MEMBER OF THE BOARD OF
PUBLIC WELFARE - For Three Years
Edward G. Bottenus 1,174
Sumner W. Shane 410
775
Walter E. Deacon
2
Scattered 11
Blanks 963
And Edward G. Bottenus and Nancy B.
Teravainen were declared elected.
Nancy B. Teravainen
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SCHOOL COMMITTEE - For Three Years
Edward L. Butler 1,511
Martha M. Palfrey 1,474
Scattered 20
Blanks 335
And Edward L. Butler and Martha M. Palfrey were declared elected.
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