USA > Massachusetts > Middlesex County > Chelmsford > Town annual report of Chelmsford 1956 > Part 7
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With each application for a permit to build, there shall be filed a plan showing the lot, the area, and location of which justifies the building. No building hereafter erected, altered or relocated shall be used and no change shall be made of the use of any building or any parcel of land, unless an occupancy permit signed by the enforcing officer had been granted to the owner or occupant of such land or building. Such permit shall not be granted unless the proposed use of the land or building and all accessory uses comply in all respects with this by-law and no use shall be made of such land or building except the use or uses authorized by such occu- pancy permit.
C. Amendments. This by-law may from time to time be changed by amendment, addition or repeal by the Town Meeting in the manner provided in Section Six (6) of Chapter Forty A (40A) of the General Laws,, and any amendments thereto.
D. Validity. The invalidity of any section or provision of this by-law shall not invalidate any other section or provision thereof.
When this by-law imposes a greater restriction of the use of buildings, structures, or premises, or on height of buildings, or requires larger yards, or open spaces than are imposed or required by any regulations or permits, or by any restrictions, easements, covenants or agreements, the provisions of this by-law shall control.
E. Repetitive Petition. The acceptance of this by-law includes the acceptance of Chapter Forty A (40A), Section Twenty (20) of the General Laws of the Commonwealth of Massachusetts and any amendments thereof.
F. Effective Date. This by-law shall take effect upon adoption by the town, the approval of the Attorney General of the Common- wealth of Massachusetts, and publication, as provided by law, or act in relation thereto.
ARTICLE 2.
To see if the Town will vote to use funds received from the Mid-
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dlesex County Treasurer for dog license fees totalling $2086.75 for the purpose of defraying school department, vocational school expense, for the current year; or act in relation thereto.
ARTICLE 3.
To see if the Town will vote to appropriate and transfer from available funds a certain sum of money for the purpose of estab- lishing an Expense Account for use by the Committee for the study and hearings for representative form of Town Meeting Government; or act in relation thereto.
AND YOU ARE DIRECTED to serve this Warrant by posting attested copies thereof at the Post Offices in the Center of the Town, South Chelmsford, North Chelmsford, North Chelmsford and West Chelmsford, and the school house in East Chelmsford, and the Westlands School House, seven days at least before the time appointed for holding the meeting aforesaid.
HEREOF FAIL NOT, and make return of the Warrant with your doings thereon to the Town Clerk at the time and place of holding this meeting aforesaid.
Given under our hands this day of June, in the year of our Lord, Nineteen Hundred and Fifty-Six.
Daniel J. Hart Edgar P. George Robert F. McAndrew Selectmen of Chelmsford
June 2, 1956
Middlesex ss.
I have served this Warrant by posting attested copies at the Post Offices in the Center of the Town, South Chelmsford, North Chelmsford, and West Chelmsford and at the School House in East Chelmsford and at the Westlands School, Westlands, seven days at least before the time appointed for holding the meeting aforesaid.
William G. Jones
Constable of Chelmsford
SPECIAL TOWN MEETING
Monday Evening, June 11, 1956
The meeting was called to order at 8:10 P.M. by Moderator Edward J. Desaulnier, Jr. Carl A. E. Peterson moved that Char- lotte P. DeWolf be elected Clerk Pro-Tem in the absence of Town Clerk Harold C. Petterson because of illness. He further moved
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that the Chairman of the Board of Selectmen Daniel J. Hart cast one ballot. It was so voted.
Mr. Frank A. Woodhead, Sr. moved that the Articles in the Warrant be taken up in the following order. Article 2, 3 and 1. It was so voted.
UNDER ARTICLE 2.
On a motion made by Arthur S. Russell it was voted to use funds received from the Middlesex County Treasurer for dog license fees totaling $2,086.75 for the purpose of defraying School Department, Vocational School Expense, for the current year.
This vote was unanimous.
UNDER ARTICLE 3.
On a motion made by Cristy Pettee it was voted to transfer from the Excess and Deficiency Account the sum of One Hundred ($100.00) Dollars for the purpose of establishing an Expense Account for use by the Committee for the study and hearings for Representative Form of Town Meeting Government. This vote was unanimous.
The Moderator called a recess to allow all voters to be seated.
UNDER ARTICLE 1.
On a motion made by Harold E. Clayton, Jr. it was voted to amend the Chelmsford zoning by-laws now in force and effect by substituting the following zoning by-laws for the said Chelmsford zoning by-laws now in effect, as follows:
TOWN OF CHELMSFORD MASSACHUSETTS AMENDMENT TO ZONING BY-LAWS
PROPOSED PROTECTIVE ZONING BY-LAWS SECTION 1. PURPOSE OF PROPOSED PROTECTIVE BY-LAW AND ESTABLISHMENT OF DISTRICTS
B. ESTABLISHMENT OF DISTRICTS The Town of Chelmsford is hereby divided into districts of eight (8) types; to be known as:
1. Single Residence A-1 Districts. (RA-1)
2. Single Residence A-2 Districts. (RA-2)
3. Single Residence A-3 Districts. (RA-3)
4. General Residence Districts. (GR)
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5. Highway Business Districts. (HB)
6. General Business Districts. (LI)
7. Limited Industrial Districts. (LI)
8. Industrial Districts (1)
The boundaries of each of the said districts are hereby estab- lished as shown, defined, and bounded on the map accompanying this by-law an on file with Clerk of the Town of Chelmsford, entitled, "Chelmsford, Massachusetts - Zoning District Map - 1956. All explanatory matter thereon is hereby made a part of this by-law.
a. Where the boundary lines are shown upon said map within the street lines of public and private ways, the center lines of such ways shall be the boundary lines.
b. Where the boundary lines are shown approximately on the location of property or lot lines, and the exact location of property, lot, or boundary lines is not indicated by means of dimensions shown in figures, then the property or lot lines shall be the bound- ary lines.
c. Boundary lines located outside of such street lines and shown approximately parallel thereto shall be regarded as parallel to such street lines and dimensions shown in figures placed upon said map between such boundary lines and street lines are the dis- tances in feet of such boundary lines from such street lines; such distances being measured at right angles to such street lines unless otherwise indicated.
d. In all cases which are not covered by other provisions of this Section, the location of boundary lines shall be determined by the distance in feet, if given, from other lines upon said map, by the use of identifications as shown on the map, or by the scale of the map.
e. Where a district boundary line divides any lot existing at the time such line is adopted, the regulations for the less restricted portions of such lot shall extend not more than thirty (30) feet into the more restricted portion, provided the lot has frontage in the less restricted district.
f. Where the district boundary line follows a stream, lake, or other body of water, said boundary line shall be construed to be at the thread or channel of the stream, or at the limit of the juris- diction of the Town of Chelmsford, unless otherwise indicated.
g. Where the district boundary line follows approximately the edge of the marsh and upland, said boundary line shall be con- strued to be at the edge of the marsh or upland.
h. Whenever any uncertainty exists as to the exact location of
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a district boundary line, the location of such line shall be deter- mined by the Board of Appeals.
SECTION 2. DEFINITIONS. For the purposes of this by-law, certain terms and words are herein defined as follows:
Words used in the present tense include the future: words in the singular number include the plural number and words in the plural number include the singular number: the word 'Shall' is mandatory and not directory: the word 'lot' includes the word 'plot'; the word 'land' includes the words 'marsh' and 'water'.
a. Accessory Building. A subordinate building located on the same lot with the main building or use, the use of which is custom- arily incidental to that of the main building or to the use of the land.
b. Accessory Use. A use customarily incidental to that of the main building or to the use of the land.
c. A Family. Any number of individuals living and cooking to- gether on the premises as a single housekeeping unit.
d. A Single Family Dwelling. A detached dwelling designed for and occupied by a single family, and having no party wall, or walls in common with an adjacent house or houses.
e. A Two Family House. A detached dwelling designed for two families.
f. Building. The word building shall be deemed to include the word structure and in addition, shed, garage, stable, greenhouse, or other accessory building.
g. Lot. The whole area of continuous land under one owner- ship, whether by one or more than one owner and whatever the form of tenure.
h. Non-conforming use of land or building. An existing use of land or a structure or building which does not conform to the reg- ulations for the district in which such use of land, structure or building exists.
i. Setback. The minimum horizontal distance between the street line and the main wall of the principal building.
j. Street Line. The line between the lot and the street.
k. Tourist Home. A domicile or private residence where rooms are rented to overnight guests.
1. Yard. An unoccupied space, open to the sky, on the same lot with the building or structure.
m. Yard Front. A front yard is an open unoccupied space on the same lot with a main building, extending the full width of the
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lot and situated between the street line and the front line of the main building projected to the side line of the lot.
n. Yard Rear. A rear yard is an open space on the same lot with a main building, unoccupied, except as hereinafter permitted, extending the full width of the lot and situated between the rear line of the lot and rear line of the main building projected to the side lines of the lot.
o. Yard Side. A side yard is an open unoccupied space on the same lot with the main building, situated between the side line of the main building and the adjacent side line of the lot and ex- tending from the rear line of the front yard to the front line of the rear yard. If there be no front yard, the front boundary of the side yard shall be the street line, and if there is no rear yard the rear boundary of the side yard shall be the rear line of the lot.
SECTION 3. SINGLE RESIDENCE-1, SINGLE RESIDENCE A-2, AND SINGLE RESIDENCE A-3 DISTRICTS.
For the purposes of the protective by-law, the following uses of buildings and land shall be permitted in all portions of the Town, except in the LIMITED Industrial Districts.
A. Permitted uses in Single Residence A-1, A 2, and A-3, Districts.
1. Detached single family dwelling.
2. Churches, parish houses, religious schools, schools, public libraries, museums, and similar buildings.
3. Public or semi-public institutions of an historical, philan- thropic or charitable character and hospitals.
4. Farms, including livestock (but not a piggery) poultry and dairy farm, market gardens, orchards, nurseries, greenhouses and the sale of produce raised on the premises, provided buildings for such uses are at least 50 feet from a street or public way.
5. Forests, wood lots, portable wood-working mills and machine- ry located on the property for use in connection with the forest and wood lot operations of the owner only, provided there is no storage of the products on the premises within one hundred (100) feet of a street line.
6. Buildings and necessary structures in connection with the municipal or public utilities and buildings used exclusively for gov- ernmental purposes, exclusive of service yards, but not a correct- ional institution.
7. Public purpose including municipal purpose.
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8. The renting of rooms or the furnishing of table board in the dwelling to not more than (5) persons not members of the family residing on the premises.
9. Customary home occupations such as dressmaking, millinery, handicraft or the offices of a physician, surgeon, dentist, real estate agent, teacher, clergyman, artist, musician, lawyer, architect, landscape architect, broker, engineer, photographer, or member of any other recognized profession, when situated in the place of res- idence of the operator or professional person, or in a building accessory thereto, provided that no more than twenty-five (25%) percent of the floor area of the residence is used for the purpose of the home occupation or the professional use, and provided that there is no external evidence of the home occupation or the pro- fession other than an announcement sign.
10. Riding stables and the renting of saddle horses, and ken- nels, providing buildings for such uses are at least one hundred and fifty (150) feet from any property line.
11. Extension of an existing cemetery.
12. Real estate signs not more than six (6) square feet in area, appertaining to the lease or sale of the building or of the premises on which they are located.
13. Announcement signs in connection with any of the per mitted uses, provided that such signs are located on the premises with the use which they announce, and provided that they do not exceed six (6) square feet in area. No such sign shall project over the limits of the highway without specific authorization of the Board of Selectmen.
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 con- struction, 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
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uses are permitted anywhere in town except in the Single Res- idence Districts and in the Limited Industrial Districts, and may be authorized in Single Residence Districts by the Board of Ap- peals as Special Exceptions in each specific case.
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 thou- sand (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 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 of receipt thereof.
4. Golf courses, boat or canoe livery, ski grounds, camping areas or bathing beach, including the incidental sale of refreshments 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
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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 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 Gen- eral Residence Districts by the Board of Appeals. The following 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.
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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, collection station for laundry or dry cleaning, dressmaking or millinery shop, frozen food locker, hand or self-service laundry, photographic studio, shoe and hat repair shop, tailor shop, telev- ision 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.
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
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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 land- scaping and when separated from the main building by a planting 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 byllaw, 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 In- dustrial Districts.
A. Permitted Uses in Industrial Districts.
1. Any use permitted in a Residence, a Business or a Limited In- dustrial District.
2. Enclosed manufacturing and any use not dangerous by reason of fire or explosion or offensive or detrimental to 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.
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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 Ap- peals, provided the alteration or enlargement is on the same or an adjacent 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 alter- ation or enlargement would not be substantially more detrimental or injurious to the neighborhood.
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