USA > Massachusetts > Middlesex County > Chelmsford > Town annual report of Chelmsford 1956 > Part 6
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14. Removal of sod, loam sand, gravel or other earth products in connection with the construction of a building for which a per- mit has been issued, provided that the amount of such material removed does not exceed the amount contained, before construction. in the particular space to be occupied by the foundation of said building.
15. Any use which is incidental or accessory to the foregoing and which is a use of an owner or occupant, such as:
a. The raising or keeping of a small flock of poultry, or of saddle horses, livestock, or other farm animals for use of only the residents of the premises.
b. Private guest house, tool shed, playhouse, tennis court, boat house, or other building or structure for domestic use; private garage for motor vehicles but not including more than one com- mercial vehicle, other than farm vehicles, or more than one vehicle owned by a non-resident of the premises.
B. Permitted uses as Special Exceptions may be granted in Single Residence Districts by the Board of Appeals. The following uses are permitted anywhere in town except in the Single Residence Districts and in the Limited Industrial Districts, and may be author- ized' in Single Residence Districts by the Board of Appeals as Special Exceptions in each specific case.
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1. Conversion of a single family dwelling existing at the time of the adoption of this by-law, for occupancy by not more than two families provided the lot contains not less than fifteen thousand (15,000) square feet, that the exterior design of the structure is not changed from the character of a single family dwelling, and further provided that for the second family, at least six hundred (600) square feet of floor area shall be provided.
2. Rest Home, Convalescent or Nursing Home.
3. Antique Shop in a dwelling or building accessory thereto, provided that there is no exterior display (except for a sign as herein provided) and the residential character of the premises is preserved.
4. Nursery school or other agency for the day care of children, private organized camp for children or adults.
5. Private clubs, lodge, or other non-profit social-cultural, civic or recreational use, (but not including any use the chief activity of which is one customarily conducted as a business).
C. Permitted uses as Special Exceptions may be granted any- where in Town, except in Limited Industrial Districts, by the Board of Appeals.
The following uses are permitted anywhere in the Town of Chelmsford, except in Limited Industrial Districts, or authorized by the Board of Appeals as Special Exceptions in each specific case :
1. Commercial kennel, animal or veterinary hospital, provided that such uses are located on the same premises as a dwelling and is conducted by the resident thereof.
2. Airport for the service of small private craft, including the incidental sale, storage and repair of such craft, but only to the extent specifically authorized by the Board of Appeals.
3. Motels, trailer courts or trailer parks, and trailer camps, upon written approval of the Planning Board and receipt thereof.
4. Golf courses, boat or canoe livery, ski grounds, camping areas or bathing beach, including the incidental sale of refresh- ments if primarily for the convenience of patrons, thereof and of equipment customarily related to the use, but only to the extent specifically authorized by the Board of Appeals.
5. The removal of sand, loam, sod and gravel for commercial purposes is expressly prohibited unless a permit is granted by the Board of Appeals after a public hearing. However, nothing herein contained shall prohibit the removal of the same in connection with the construction of a building for which a permit has been duly issued or for the landscaping of a lot from which said sand, loam, sod or gravel is removed. The same may be used commercially when taken from a proposed street after approval by the Planning Board, of the street. Fine for first offense-Fifty ($50.00) Dollars, second offense-One Hundred ($100.00) Dollars, and for each sub- sequent offense, Two Hundred ($200.00) Dollars.
SECTION 4. GENERAL RESIDENCE DISTRICTS
For the purposes of this protective by-law, the following uses of
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buildings and land shall be permitted in all portions of the Town indicated on the accompanying map as coming under the General Residence, Highway Business, General Business and Industrial Districts.
A. Permitted Uses in General Residence Districts.
1. Any use permitted in Single Residence A-1, Single Residence A-2 and Single Residence A-3 Districts.
2. Two Family House.
3. Eating, boarding and lodging houses, tourist homes.
4. Funeral homes and mortuaries.
5. Rest homes, convalescent or nursing homes.
6. Antique shop in a dwelling or building accessory thereto, provided that there is no exterior display (except for a sign as herein provided) and the residential character of the premises is preserved.
7. Nursery school or other agency for the day care of children.
8. Any use which is incidental or accessory to the foregoing and which is a use of the owner or occupant.
B. Permitted Uses as Special Exceptions may be granted in General Residence Districts by the Board of Appeals. The follow- ing uses of buildings and land are permitted anywhere in the Town of Chelmsford except in Single Residence Districts, General Res- idence Districts and Limited Industrial Districts, but may be per- mitted in General Residence Districts when authorized by the Board of Appeals as Special Exceptions in each Specific case:
1. Hotel and Inn.
2. Apartment houses, apartment hotels, provided the lot on which the building is located contains ten thousand (10,000) square feet of lot area for the first two (2) families and an additional five thousand (5,000) square feet of lot area for the next two (2) families to be accommodated and thereafter one thousand (1,000) square feet of lot area for each additional family accommodated.
SECTION 5. HIGHWAY BUSINESS AND GENERAL BUSINESS DISTRICTS.
For the purpose of this protective by-law, the following uses of buildings and land shall be permitted in all portions of the Town of Chelmsford indicated on the accompanying map as coming un- der the Highway Business, General Business, and Industrial Districts.
A. Permitted Uses in Highway Business and General Business Districts.
1. Any use permitted in any Residence District.
2. Retail stores, sales rooms, show rooms, markets, retail service establishments.
3. Restaurants, taverns, cafes and other places for serving food and alcoholic beverages.
4. Business or professional offices and banks, or any monetary institution.
5. Consumer service establishments, such as a barber, beauty shop, bicycle repair shop, business or trade school catering service,
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collection station for laundry or dry cleaning, dressmaking or mil- linery shop, frozen food locker, hand or self-service laundry, photo- graphic, studio shoe and hat repair shop, tailor shop, television or household appliance repair shop, or any similar use.
6.
Private clubs, hotels, motels, and inns.
7. Theatre, but not an open air theatre, hall, club and other places of amusement and assembly.
8. Apartment houses and apartments in a building for which the principal use is a business.
9. Signs as regulated by state and town laws.
10. Signs, provided they advertise goods or services offered for sale or hire on the premises.
11. Shops for custom work or the making of articles to be sold at retail on the premises.
12. Newspaper printing and job printing, and similar light in- dustrial, wholesale, distributing and assembling uses.
13. Commercial or public parking areas for automobiles.
14. Automotive service establishments, public garages, filling stations.
15. Any use which is incidental or accessory to the foregoing. SECTION 6. LIMITED INDUSTRIAL DISTRICTS.
For the purposes of this by-law, the following uses of buildings and land shall be permitted in all portions of the Town of Chelms- ford indicated on the accompanying map as coming under the Lim- ited Industrial and Industrial Districts.
A. Permitted Uses in Limited Industrial Districts.
1. Business and professional offices and office buildings.
2. Research, experimental and testing laboratories.
3. Light non-nuisance manufacturing and manufacturing which is incidental to research and experimental laboratories.
4. Bottling works, paper box manufacturing, cold storage plants, electrical laboratories, commercial greenhouses, wholesale storage and warehouse facilities.
5. Accessory off-street parking, open or enclosed, when shielded from view from abutting streets, tracts, or lots by appropriate landscaping and when separated from the main building by a plant- ing strip of not less than twenty-five (25) feet.
6. Any accessory use when completely screened from the abut- ting streets, tracts or lots.
7. Firm name signs no larger than five (5) feet by twenty (20) feet, attached to or flush to the building, but no more than one to a building.
8. A sign bearing the firm name only, two (2) feet by six (6) feet, to be located (fifty (50) feet from the highway or any public way.
SECTION 7. INDUSTRIAL DISTRICTS.
For the purposes of this by-law, the following uses of buildings and land shall be permitted in all portions of the Town of Chelms-
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ford indicated on the accompanying map as coming under the In- dustrial Districts.
A. Permitted Uses in Industrial Districts.
1. Any use permitted in a Residence, a Business or a Limited Industrial District.
2. Enclosed manufacturing and any use not dangerous by reason of fire or explosion or offensive or detrimental ot the Town of Chelmsford by reason of emission of dust, odor, fumes, smoke, re- fuse, noise, or vibrations, with the written approval of the Board of Appeals.
3. Exterior storage provided that the use is screened by a fence or appropriate landscaping from view from the street or from the abutting property.
4. Any use of land or buildings which is incidental or accessory to the foregoing.
SECTION 8. NON-CONFORMING USES.
A. Existing Uses of Buildings and Land not Affected. This by- law shall not apply to existing buildings or structures, nor to the existing lawful uses of any building or structure, or of land to the extent of that use at the time of the adoption of this by-law, or any amendments thereto.
B. Change in Use of Buildings, Structures and Land Permitted. Any lawful building or structure or use of a building, structure or land, or part thereof, existing at the time this by-law is adopted, or any amendments thereto, may be continued although such build- ing or use of building or land does not conform to the provisions of the district in which it is located provided such use has not been abandoned for a period of one (1) year, except in the case of land used for agriculture, horticulture, or floriculture where such non- use shall have existed for a period of five (5) consecutive years. Such building or structure or use of building, structure or land may be altered or enlarged when approved by the Board of Appeals, provided the alteration or enlargement is on the same or an ad- jacent parcel of land in the same single or joint ownership of record at the time of the adoption of this by-law or any amend- ments thereto, and the Board of Appeals shall rule that such altera- tion or enlargement would not be substantially more detrimental or injurious to the neighborhood.
The use of any non-conforming building, structure or land may be changed to a use permitted in the most restricted district in which the present use would be conforming provided that when so changed, it shall not be returned to a use permitted in a less restricted district.
Such building, structure or use of land may be rebuilt or re- stored at the same location and again used as previously, in the case of a building, structure or use of land destroyed or damaged by fire, explosion, or other catastrophe; provided that in rebuilding it shall be made to conform to this by-law so far as practicable, and further provided that such rebuilding or restoring shall be
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completed! within (2) years after such catastrophe. It is further provided that the building or structure or use of land as restored shall be no greater in floor or land area than the original building or structure unless permitted by the Board of Appeals.
SECTION 9. LOT AREA AND WIDTH-BUILDING LOCATION AND HEIGHT.
A. Lot Area and Width.
1. Lot Area and Width Exceptions. Minimum lot area and width requirements shall not apply to lots which prior to the adoption of this by-law were shown as separate parcels on subdivision plans approved by the Planning Board and duly recorded or filed in the Registry of Deeds or Land Court, such lots may be used for any permitted use in the district in which the lot is located, and for each foot that such lot is less than seventy-five (75) feet wide, one (1) foot may be deducted from the sum of the width of the required two (2) side yards, provided that the buildable width need not be reduced to less than thirty (30) feet and further pro- vided that no side yard shall be less than six (6) feet. Any lot on which more than one house existed at the time of the adoption of this by-law, or any amendments, thereof, may be divided and sold to separate owners and used with the minimum of non-conformance.
2. Deduction or Change in Size of Lots, Yards or other Open Spaces. No lot on which a building is located in any district shall be reduced or changed in size or shape so that the building or lot fails to comply with the lot area, frontage, setback, yard or height provisions of this by-law applicable to the construction of the build- ing on the lot. This provision shall not apply however, when a por- tion of a lot is taken or conveyed for a public purpose.
No yard, court, or other open space required for a building by this by-law shall during the life of such building be occupied by or counted as an open space for another building.
3. Lot Area and Width by Districts. For the purposes of this protective by-law, buildings and structures used for human occu- pancy may be located on any lot provided the lot contains at least the area and has at least the width at the front main wall of the main building at the set back line as set forth for each district as follows:
a. In Single Residence A-1 Districts, an area of Thirty thousand (30,000) square feet and a width of one hundred fifty (150) feet.
b. In Single Residence A-2 Districts, an area of twenty-two thousand five hundred (22,500) square feet and a width of one hundred and twenty-five (125) feet.
c. In Single Residence A-3 Districts, an area of seventeen thousand five hundred (17,500) square feet and a width of one hundred and ten (110) feet.
d. In General Residence Districts, an area of fifteen thousand (15,000) square feet and a width of one hundred (100) feet.
e. In Highway Business, General Business and Industrial Dis- tricts, the same area and width of lots as in Single Residence A-3 Districts.
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B. Building Location and Height.
1. Location on a Public or Private Way. For safety and the general welfare, all principal buildings designed or intended for residence purposes shall, hereafter, be erected in or moved to a location which fronts on a public or private way or sufficient width to secure safety from fire, the width of which is approved by the Board of Selectmen. All principal buildings shall have access to such a way.
2. Exceptions to the Location of Buildings.
a. Notwithstanding the following provisions, no building in any district need be located or placed further from the exterior line or any streets or public way than the average distance, from such street or way line, of the dwellings or other principal buildings lo- cated on the lots adjacent thereto on either side. In determining such average, a vacant side lot having a frontage of fifty (50) feet or more shall be considered as though occupied by a building having the required set-back, and a lot separated from the lot in question only by a vacant lot, having a frontage of less than fifty (50) feet, shall be deemed an adjacent lot.
b. The front, side and rear yard provisions hereof may be varied by the Board of Appeals in the specific case of an irregular narrow, or shallow lot or a lot unusual either in shape or topography, pro- vided that in the opinion of the Board, it is impossible or extremely difficult to adhere to such provisions.
c. Nothing herein shall prevent the projection of cornices or eaves not exceeding eighteen (18) inches in width, or of uncovered steps, unroofed porches, or window sills into any required yard or other open space.
d. On a corner lot, the side yard adjacent to the intersecting street shall be subject to the same provisions as the front yards of buildings on said intersecting street, except that in no case shall any buildings, including a detached accessory building, be nearer than ten (10) feet to the side street line.
The garage shall be located in the corner of the rear yard which is the greatest distance from both streets on which the lot borders.
3. Exceptions to the Height of Buildings.
a. In all districts, farm buildings, churches, municipal or institu- tional buildings, and spires, domes, steeples, radio towers, chimneys, broadcasting and television antennae, bulkheads, cooling towers, ventilators and other appurtenances usually carried above the roof may have any height.
4. Location and Height of Buildings by Districts. To promote health by providing adequate light and air around buildings and for the other purposes of this protective by-law, buildings and struct- ures may be located or placed on the lot to within the following distances from street or public way lines, side and rear lot lines and may be built to the following heights.
a. In Single Residence A-1 Districts. To within forty (40) feet of a street or public way, to within twenty-five (25) feet of one side lot line and to within thirty-five (35) feet of the other side lot line, to within fifty (50) feet of a rear lot line and to a height
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of two and one-half stories or thirty-five (35) feet.
b. In Single Residence A-2 Districts. To within thirty-five (35) feet of a street or public way, to within seventeen (17) feet of one side lot line and to within twenty-three (23) feet of the other side lot line, to within fifty (50) feet of a rear lot line and to a height of two and one-half stories or thirty-five (35) feet.
c. In Single Residence A-3 Districts. To within thirty (30) feet of a street or public way, to within fifteen (15) feet of one side lot line and to within twenty (20) feet of the other side lot line, to within forty (40) feet of a rear lot line and to a height of two and one-half stories or thirty-five (35) feet.
d. In General Residence Districts. To within thirty (30) feet of a street or public way, to within twelve (12) feet of one side lot line and to within eighteen (18) feet of the other side lot line, to within thirty (30) feet of a rear lot line and to a height of three (3) stories or forty-five (45) feet.
e. In Highway Business Districts, for residence purposes, to within fifty (50) feet of a street or public way, to within twenty (20) feet of a side lot line, to within forty (40) feet of a rear lot line. For all other buildings, to within fifty (50) feet of a street or public way to within fifty (50) feet of a Residence Dis- trict line on either side, to within fifty (50) feet of a rear lot line and for all buildings to a height of three stories or forty-five (45) feet.
f. In General Business Districts, for residence purposes, to with- in thirty (30) feet of a street or public way, to within twenty (20) feet of a side lot line, to within forty (40) feet of a rear lot line. For all other buildings, to the street or public way line, to within ten (10) feet of a Residence District line on either side, to within twenty (20) feet of a rear lot line except where the building ex- tends through the block, and for all buildings to a height of three stories (3) or forty-five (45) feet.
g. In Limited Industrial Districts, to within fifty (50) feet of a street or public way, to within twenty-five (25) feet of a side lot line, to within fifty (50) feet of a rear lot line or of a Res- idence District line on either side, and to a height of three stories or forty-five (45) feet.
h. In Industrial Districts, for residence purposes, to within thirty (30) feet of a street or public way, to within twenty (20) feet of a side lot line, to within forty (40) feet of a rear lot line. For all other buildings, to within thirty (30) feet of a street or public way, to within fifty (50) feet of a Residence District line on either side and for all buildings to a height of three (3) stories or forty-five (45) feet.
SECTION 10. GENERAL PROVISIONS.
A. Corner Clearance. On a corner lot in any Residence District, to provide visibility unobstructed at intersections, no sign, fence, wall, tree, hedge, or other vegetation, and no building or other structure between three (3) feet and eight (8) feet above the established street grades shall be erected, placed, and/or main-
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tained within the area formed by the intersection of the street lines and a straight line joining said street lines at points which are twenty (20) feet distant from the point of intersection of ways or tangents of curves or rounded curves, measured along said street lines.
B. Accessory Uses and Accessory Buildings.
1. A detached accessory building may be located in the rear yard areas and on the same lot as the principal building, provided that not more than twenty-five (25%) per cent of the required area shall be so occupied, and further provided that an accessory building shall not be located nearer than ten (10) feet from the principal building and at least five (5) feet from any side or rear lot line, and subject to the yard requirements of the district in which it is located. An accessory building attached to its principal building shall be considered an integral part thereof and as such shall be subject to the front, side and rear yard requirements applic- able to the principal building.
2. A garage or storage space for private motor vehicles, attach- ed (an integral part of the structure), or detached (an accessory building), shall be considered' an accessory building and may pro- vide space for as many as two (2) cars for their principal uses in Residence Districts subject to the provisions of paragraph (1), above, of this section, and all other uses in Business and Industrial Districts may have additional spaces to store necessary equipment.
3. Off-street automobile parking, open or enclosed, shall be con- sidered an accessory use. In all districts, each residential, profess- ional business or industrial use, established after the adoption of this by-law, shall provide adequate off-street parking space, on the same lot, to accommodate the automobiles or other con- veyances of customers, patrons and employees, and to serve the delivery requirements of the establishment. When such off-street parking areas or space cannot be reasonable provided on the same lot, the Board of Appeals may grant a special permit therefor on land within a radius of three hundred fifty (350) feet therefrom. The off-street parking spaces provided shall be graded, drained, and provided with a dust-free surface and shall be permanently available as parking space for their respective uses.
SECTION 11. ADMINISTRATION.
A. Board of Appeals. A Board of Appeals consisting of five (5) members and two associate members, who shall be residents of the Town of Chelmsford, shall be appointed as provided in Sec- tion fourteen (14) of Chapter Forty A (40A) of the General Laws, as amended, which shall act on all matters within its juris- diction under this by-law in the manner prescribed in said section and subject 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 conserving prop- erty values, that it shall permit no building or use of land or build- ing that is injurious, noxious, offensive or detrimental to a neigh-
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borhood, and that it shall prescribe appropriate conditions and safe- guards in each case.
B. Enforcement. This by-law shall be enforced by the en- forcing officer who shall be the Board of Selectmen who shall grant no permit for the construction, alteration, relocation, occu- pance or use of any building, structure or premises in violation of any provision of this by-law. Whenever any permit or license is refused because of some provision of this by-law, the reason therefor shall be clearly stated in writing.
The enforcing officer may institute appropriate legal proceedings to enforce the provisions of this by-law or to restrain by injunction any violation thereof, or both, and shall do all further acts, revoke the permit for occupancy, institute and take any and all such action as may be necessary to enforce the provisions of this by-law.
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