Town annual report of Chelmsford 1956, Part 8

Author:
Publication date: 1956
Publisher: Town of Chelmsford
Number of Pages: 340


USA > Massachusetts > Middlesex County > Chelmsford > Town annual report of Chelmsford 1956 > Part 8


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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 re- stricted district.


Such building, structure or use of land may be rebuilt or res- tored 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 rebuild- ing it shall be made to conform to this by-law so far as practicably, and further provided that such rebuilding or restoring shall be completed within two (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 & WIDTH EXCEPTIONS. Minimum lot area and width requirements shall not apply to any lot shown on a final or a definitive sub-division plan duly approved by the Chelmsford Planning Board and duly recorded by the Registry of Deeds. Min- imum lot area and width requirements shall not apply to any lot


93


ANNUAL TOWN REPORT


laid out by recorded deed or conveyance or shown on a duly rec- orded plan in conformity with the area or width requirements, if any, applicable to the construction of such a dwelling or other building on said lot at the time of said laying out or recording, and said lot did not, on said effective date, adjoin other land of the same owner-ship available for use in connection therewith, and said lot may be used for any permitted use in the district in which the lot is located. For each foot that a 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 building width need not be reduced to less than thirty (30) feet and further provided 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 portion 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 thou- sand (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.


94


ANNUAL TOWN REPORT


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 build- ings located on the lots adjacent thereto on either side. In deter- mining 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 topog- raphy, provided 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 thirty-six (36) inches in width, or of uncov- ered 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 in- stitutional 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


95


ANNUAL TOWN REPORT


structures may be located or placed on the lot to within the follow- ing 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 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 (50) feet of a street or public way, to within fifty (50) feet of a Residence District 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 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 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 extends 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 Residence 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.


96


ANNUAL TOWN REPORT


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- 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 ap- plicable to the principal building.


2. A garage or storage space for private motor vehicles, at- tached (an integral part of the structure), or detached (an access- ory building), shall be considered an accessory building and may provide 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 conveyances of customers, patrons and employees, and to serve the delivery re- quirements of the establishment. When such off-street parking areas or space cannot be reasonably 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 park- ing space for their respective uses.


97


ANNUAL TOWN REPORT


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 jurisdiction 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, en- couraging the most appropriate use of land and conserving property values, that it shall permit no building or use of land or building that is injurious, noxious, offensive or detrimental to a neighbor- hood, and that it shall prescribe appropriate conditions and safe- guards in each case.


B. Enforcement. This by-law shall be enforced by the enforcing officer who shall be the Building Inspector who shall grant no per- mit for the construction, alteration, relocation, occupance 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.


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 re- quires larger yards, or open spaces than are imposed or required


98


ANNUAL TOWN REPORT


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 shall take effect upon adoption by the Town, the approval of the Attorney General of the Commonwealth of Massachusetts, and publication, as pro- vided by law.


398 voted in the affirmative 78 voted in the Negative


The Meeting adjourned at 10 P.M.


Edward J. DeSaulnier, Jr. Moderator


Charlotte P. De Wolf, Town Clerk Pro-Tem.


WARRANT FOR STATE PRIMARY


COMMONWEALTH OF MASSACHUSETTS


Middlesex, ss.


To either of the Constables for the Town of Chelmsford GREETING:


In the name of the Commonwealth you are hereby required to notify and warn the Inhabitants of said town who are qualified to vote in Primaries to meet in Fire House, Chelmsford Centre, Town Hall, North Chelmsford, Fire House, West Chelmsford, School House, East Chelmsford, Liberty Hall, South Chelmsford, School House, Westlands, Tuesday, the Eighteenth day of Septem- ber, 1956 at 10:00 o'clock A.M. for the following purposes:


To bring in their votes to the Primary Officers for the Nomina- tion of Candidates of Political Parties for the following offices: Governor for this Commonwealth


Lieutenant Governor for this Commonwealth


Secretary of the Commonwealth for this Commonwealth


Treasurer and Receiver-General for this Commonwealth Auditor of the Commonwealth for this Commonwealth Attorney General for this Commonwealth Representative in Congress for 5th Congressional District Councillor for 3rd Councillor District Senator for 1st Senatorial District


1 Representative in General Court for 11th Representative Dist. County Commissioners (2) for Middlesex County Sheriff for Middlesex County


99


ANNUAL TOWN REPORT


VACANCIES


In Northern District: A District Attorney


The polls will be open from 10 A.M. to 8 P.M.


Hereof fail not and make return of this warrant with your doings thereon at the time and place of said meeting.


Given under our hands this twenty-third day of August A.D., 1956.


Daniel J. Hart Edgar P. George


Board of Selectmen


COMMONWEALTH OF MASSACHUSETTS


Middlesex, ss.


August 24, 1956


I have served this Warrant by posting attested copies at the Offices in the Center of the Town, South Chelmsford, North Chelmsford, West Chelmsford and at the School House, East Chelmsford, and at the Westlands School, Westlands, seven days at least before the time appointed for holding the meeting afore- said.


William G. Jones


Constable of Chelmsford


REPUBLICAN STATE PRIMARIES


September 18, 1956.


Governor


Prec 2


3


4


5


6 Totals


Prec 1


2


3


4


5


6 Totals


Prec 1


2


3


4


5


6 Totals


Prec 1


2


3


4


5


6 Totals


Prec 1


2


3


4


5


6 Totals


Prec 1


2


3


4


5


6 Totals


Prec 1


2


3


4


5


6 Totals


Prec


2


3


4


5


6 Totals


Prec 1


2


3


4


5


6 Totals


Prec 1


2


3


4


5


6 Totals


Prec 1


2


3


4


5


6 Totals


Prec 1


2


3


4


5


6 Totals


Prec 1


2


3


4


5


6 Totals


Prec 1


2


3


4


5


6 Totals


Prec


2


3


4


5


6 Totals


Sumner G. Whittier


Everett


837


459


64


93


105


480 2038


Blanks


83


82


2


16


16


35


234


Total


920


541


66


109


121


515 2272


100


ANNUAL TOWN REPORT


Lieutenant Governor Charles Gibbons,


Stoneham


814


443


65


98


114


486 2020


Blanks


106


98


1


11


7


29


252


Total


920


541


66


109


121


515 2272


Secretary


Richard I. Furbush,


Waltham


813


443


65


99


112


484 2016


Blanks


107


98


1


10


9


31


256


Total


920


541


66


109


121


515 2272


Treasurer


Robert H. Beaudreau,


Marlborough


807


442


65


97


111


481 2003


Blanks


113


99


1


12


10


34


269


Total


920


541


66


109


121


515 2272


Auditor


Joseph A. Nobile, Boston ..


799


431


64


94


111


479 1978


Blanks


121


110


2


15


10


36


294


Total


920


541


66


109


121


515 2272


Attorney General


George Fingold, Concord ..


821


453


65


99


114


490 2042


Blanks


99


88


1


10


7


25


230


Total


920


541


66


109


121


515 2272


Congressman 5th District


Edith Nourse Rogers,


Lowell


833


488


60


97


108


483 2069


Blanks


86


53


6


12


13


32


202


George


1


1


Total


920


541


66


109


121


515 2272


Councillor 3rd District


Christian A. Herter, Jr.,


Boston


535


325


53


85


92


251


1341


Harris A. Reynolds, Weston


343


170


13


19


26


257


828


Blanks


42


46


0


5


3


7


103


Total


920


541


66


109


121


515


2272


Senator 1st Mdsx District


Paul R. Achin, Lowell


143


94


10


22


15


63


347


Albert L. Daigle, Lowell


..


8


17


1


2


0


5 33


Edward J. DeSaulnier, Jr. Chelmsford


732


394


55


81


104


427 1793


Louis H. Landry,


Tyngsborough


17


15


0


1


1


11


45


Blanks


20


21


0


3


1


9 54


Total


920


541


66


109


121


515


2272


ANNUAL TONY REPORT


General Court 1168 District


Chelmsford


-


Cari A. Petersen.


294 SIT


Blanks


9


1


Tocal


541


County Commiserocers Middlesex County


Caniniry


Watercewe


190


George A Aforte, Lowell


Winstva W. Bell.


Cambridge


Lew Blacher, Malden


Thomas F. Geury. It-


Winchester


Frederick Lowe, Lowell


Banks


Total


Sherif 3Gamlesex Compey


John Frederick Cabin


Belmont


Blanks


970


Tetal


DISTRICT ATTORNEY - NO. DISTRICT


42


724


Chairs F. Mater. Binding


Ephraim Martin, Belmont


54


0 1122


B'anks


9


Total


DEMOCRATIC STATE ESIMARIES September 18, 1956


GOVERNOR


Foster Farvele


130


2


T 123


Thomas H. Buckley.


43


109


=


54


Edward J. Bushe", Malien PDF


102


ANNUAL TOWN REPORT


LIEUTENANT GOVERNOR


Robert Murphy, Malden ..


93


180


14


73


6


129


495


James A. Burke, Boston


15


33


4


17


0


13


82


George A. Wells,


Worcester


19


41


3


12


1 24


100


Blanks


8


16


2


5


0


6


37


Total


135


270


23


107


7


172


714


SECRETARY


Edward J. Cronin,


Peabody


106


220


17


85


7


144


579


Robert Emmet Dinsmore


Boston


19


28


4


15


0


18


84


Blanks


10


22


2


7


0


10


51


Total


135


270


23


107


7


172


714


TREASURER


Clement A. Riley,


Norwood


46


55


3


31


2


64


201


John F. Kennedy,


Canton


52


124


11


44


4


63


298


WARRANT FOR SPECIAL TOWN MEETING


Chelmsford High School Auditorium, Chelmsford Centre Monday Evening, October 22, 1956


COMMONWEALTH OF MASSACHUSETTS


Middlesex, ss.


To William G. Jones, Constable, or any other suitable person of the Town of Chelmsford,


GREETING:


In the name of the Commonwealth aforesaid, you are hereby requested to notify and warn the legal voters of the Town of Chelmsford to meet in the Chelmsford High School Auditorium at Chelmsford on the twenty-second day of October, 1956, at 8:00 O'clock in the evening, then and there to act upon the following articles, viz:


ARTICLE 1.


To see if the Town will vote to raise and appropriate, transfer from available funds or borrow a sum of money for the purpose of constructing and originally equipping and furnishing a High School in Chelmsford; determine how the money shall be provided for, by taxation, by appropriation from available funds in the treasury, by borrowing from time to time under authority of Chap- ter 44 of the General Laws and Chapter 645 of the Acts of 1948, as amended, or take any action in relation thereto.


103


ANNUAL TOWN REPORT


ARTICLE 2.


To see if the Town will vote to appoint a High School Building Committee and authorize it to proceed with the construction of said project and to enter into all necessary and' proper contracts and agreements in respect thereto and to do all other acts necessary for constructing said project; or act in relation thereto.


ARTICLE 3.


To see if the Town will vote to raise and appropriate, or transfer from available funds a certain sum of money for the purpose of studying the Selectmen-Town Manager form of government by the Selectmen-Town Manager Committee; 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 and West Chelmsford, Schoolhouse at East Chelmsford and the Westlands Schoolhouse, seven days at least before the time appointed for the holding of the meeting aforesaid.


HEREOF FAIL NOT, and make return of this Warrant with your doings thereon to the Town Clerk at the time and place of holding this meeting aforesaid.


Given under our hands this 13th day of October, 1956.


Edgar P. George Daniel J. Hart Robert F. McAndrew


COMMONWEALTH OF MASSACHUSETTS


Middlesex, ss.


Chelmsford, Mass., October 13, 1956


Pursuant to the within Warrant, I have notified and warned the inhabitants of the Town of Chelmsford by posting up attested copies of same at the following places, to wit; Post Office, Chelmsford Center; Post Office, North Chelmsford; Post Office, West Chelms- ford; School House, East Chelmsford; Post Office, South Chelms- ford; School House, Westlands; seven days at least before the time appointed for holding the meeting aforesaid.


Ralph J. Hulslander


SPECIAL TOWN MEETING


Monday Evening, October 22, 1956 High School Auditorium


The meeting was called to order at 8:05 P.M. by Moderator Edward J. DeSaulnier, Jr., and the following business was trans- acted.


Moderator Edward J. DeSaulnier, Jr., declared that a quorum was present.


104


ANNUAL TOWN REPORT


On a motion made by Edgar P. George the reading of the Wararnt was waived.


UNDER ARTICLE 1. On a motion made by Clifford Hartley it was voted that the sum of $2,763,158.00 be raised and appropriated for the purpose of constructing and originally equipping and furnishing a high school building, and that to meet said appropriation, the sum of $13,158.00 be appropriated from available funds in the treasury, and that the treasurer, with the approval of the selectmen, is authorized and directed to issue and sell as one issue or from time to time as two or more separate issues, serial bonds or notes of the town aggregating $500,000.00 in principal amount under author- ity of Section 7 of Chapter 44 of the General Laws, and that the treasurer, with the approval of the selectmen and subject to the approval of the Emergency Finance Board, is authorized and directed to issue and sell as one issue or from time to time as two or more separate issues, serial bonds or notes of the town aggrega- ting $2,250,000.00 in principal amount under authority of Chapter 645 of the Acts of 1948, as amended, and that all of the bonds or notes shall be issued and sold in accordance with the applicable provisions of said Chapter 44 of the General Laws, as amended, but each issue of bonds or notes shall be a separate loan which shall be paid in not more than twenty years from the date thereof.




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