USA > Massachusetts > Middlesex County > Chelmsford > Town annual report of Chelmsford 1963 > Part 7
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6.3.1 Stores-Retail Business-At least two spaces for each estab- lishment or one space for each 100 square feet of floor space devoted to retail selling, which ever is larger, plus one space for each two employees or nearest multiple thereof.
6.3.2 Offices-Banks and Similar Business-One space for each 150 square feet of floor area plus one space for each three employees or nearest multiple thereof.
6.3.3 Theater, Funeral Homes and Places of Assembly-One space for each four seats, or 100 square feet of floor area.
6.3.4-Hotels, Motels, Tourist Homes, etc .- One space for each two sleeping accommodations plus one space for each four employees. Each double bed to be considered two sleeping accommodations.
6.3.5 Restaurants-Places serving food or beverages: One space for each four seats plus one space for each three employees or nearest multiple thereof.
6.3.6 Residential Areas-Two spaces for each individual dwelling unit except in the case of apartments where one space shall be provided for each dwelling unit.
6.3.7 Nonresidential Uses-In all other cases of non-residential uses there shall be provided at least one space for each three employees plus one space for each 150 square feet of gross floor area.
6.3.8 Industrial, Manufacturing and Wholesale Uses-One space for each two employees based on the maximum number of employees the plant is designed to employ.
6.3.9 Bowling Alleys-Four spaces for each alley.
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6.3.10 Boarding House-One space for each sleeping room.
6.3.11 Medical or Dental Center or Professional Offices-Four spaces for each 800 square feet of floor area plus one space for each two employees.
6.3.12 Other Uses-All other types of commercial and industrial uses not specifically mentioned shall have at least one space for each three employees plus one space for each 150 square feet ground floor area. One space shall be provided for each 300 square feet on other than ground floor.
6.3.13 Egress-Not more than one entrance and one exit shall be permitted onto a street from any parking area per 200 feet of frontage in a commercial district and per 300 feet of frontage in other districts. Each entrance and exit may not be more than forty feet in width.
6.4 Loading Requirements-The following minimum loading re- quirements shall apply to all industrial and commercial premises in all districts, except that any isolated lot or combination of contiguous lots in the CD district under common ownership totaling less than 20,000 square feet of area shall be exempted.
6.4.1 Retail Store and Service Establishments-For each retail store or service establishment with gross floor area from 5,000 to 8,000 square feet at least one berth. Additional berths at the rate of one berth for each additional 8,000 square feet or nearest multiple thereof.
6.4.2 Office Buildings-For each office building with gross floor area of 4,000 square feet or more at least one berth shall be provided.
6.4.3 Manufacturing-Industrial Uses-For manufacturing and in- dustrial plants and similar use up to 8,000 square feet at least one berth shall be provided. For larger floor areas additional berths shall be pro- vided as required by the Board of Selectmen, adequate for off street loading and unloading.
6.5 Minimum Residential Livable Floor Area-No dwelling shall be erected, reconstructed, remodelled or altered so that the livable floor area is less than 768 square feet, or less than 400 square feet per dwell- ing unit in apartment houses or two family dwellings, except for re- modelling or alteration which increases the livable floor area per dwell- ing unit.
6.6 Roadside Stands-Roadside stands, where permitted, shall be located at least 15 feet back from the street line and 20 feet from any lot line. Other than permanent or semi-permanent stands, all others shall be removed during seasons when not in use.
6.7 Conversion of Dwelling Units-Alteration of a single family dwelling existing at the time of the adoption of this By-Law for occu-
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pancy by not more than two families is permitted (subject to Section 5.3) provided that 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 dwelling, and further provided that at least six hundred (600) square feet of floor space shall be provided for each resulting dwelling unit.
6.8 Non-Farm Animals-Except on farms, not more than the equivalent of one horse per acre shall be kept, the following being con- sidered equivalent:
One horse, cow, donkey, or burro
Two sheep or goats
Ten poultry or rabbits
Structures for housing such animals shall be not less than 50 feet from the nearest lot line.
6.9 Lowland Regulations-Land below 100' elevation (above mean sea level) along Stony Brook, below 170' elevation along Beaver Brook south of Littleton Road and west of Second Bridge, below 120' elevation along Scotty Hollow and Deep Brook west of Swains Pond, below 110' elevation around Swains Pond and below 110' elevation along Hale's Brook shall not be developed or filled for any use except on special per- mit by the Board of Appeals, which shall be issued only upon demon- stration that such use or filling will not increase hazard nor be detri- mental to any property within the Town.
SECTION VII-NOISE, DIRT AND SMOKE STANDARDS
7.1 No activity shall be permitted in any district unless its opera- tion is conducted such that any noise, vibration, or flashing is not norm- ally perceptible above street noise without instruments either at any point more than 350 feet from the premises or at any point within a residence district more than 150 feet beyond the nearest boundary of said district, whichever is further from the premises for an activity in an industrial district, or more than 50 feet beyond the premises for an activity in other districts, and that all resulting cinders, dust, fumes, gases, odors, smoke, radiation and electromagnetic interference is effec- tively confined to the premises or disposed of so as to avoid any air pollution. Smoke density shall not exceed No. 2 of the Ringelmann Scale for more than 10% of the time, and at no time shall exceed No. 3 on that scale. The activity shall not be detrimental to neighboring property by reason of special danger of fire or explosion.
SECTION VIII-OMITTED
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SECTION IX-SIGNS
9.1 General Prohibitions
9.1.1 Motion of Signs-Signs, any part of which moves or flashes, or signs of the traveling light or animated type, and all beacons and flash- ing devices whether a part of, attached to, or apart from a sign, are pro- hibited.
9.1.2 Illumination of Signs-All illumination of signs shall be so arranged as not to be directed towards any portion of a public way or upon another lot than that upon which it is located.
9.2 Signs in Residential Districts-In districts RA, RB and RC the following signs are permitted:
9.2.1 One sign for each family residing on the premises indicating the owner or occupant or pertaining to a permitted accessory use, pro- vided that no sign shall exceed one square foot in area.
9.2.2 One sign not over nine square feet in area pertaining to per- mitted buildings and uses of the premises other than dwellings and their accessory uses.
9.2.3 One temporary unlighted sign not over six square feet in area pertaining to the sale, rent or lease of the premises.
9.2.4 Unlighted directional signs not exceeding one square foot each in area pertaining to permitted buildings and uses of premises other than dwellings and their accessory uses.
9.3 Signs in Business Districts-In districts CA, CB, CC and CD the following signs are permitted:
9.3.1 One sign mounted on the face or roof of the building not to exceed in area more than 15 percent of the front wall area of said build- ing if occupied by a single business; or one sign mounted on the face or roof of the building for each separate business jointly occupying a divided building, each sign not to exceed 15 percent of the front wall area of that section of the building occupied by any individual business; and provided that in either circumstance the sign does not extend above a flat roof or the elevation of the front wall by more than 20 percent of the average height of the front elevation of said building.
9.3.2 One free standing sign located within the front yard area of a building and not exceeding 15 percent of the front wall area of the building, or 60 square feet, whichever is the smaller, provided that the building has a minimum set back of 30 feet and the sign is so located as to be set back 15 feet from the street line and 20 feet from any side line.
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9.3.3 Directional signs each not to exceed 3 square feet in area.
9.3.4 One window sign for each window of the building not to exceed in area 20 percent of the area of any window upon which located.
9.4 Signs in Industrial Districts-In districts IA and IB the follow- ing signs are permitted:
9.4.1 One sign mounted on the face or roof of the main building not aggregating in area more than 15 percent of the front wall area of said building as determined by orientation to the principal trafficway or street, and not extending above a flat roof or the elevation of the front wall by more than 20 percent of the average height of the front elevation of said building.
9.4.2 One free standing sign located within the front yard area of the building and not exceeding in area 15% of the front wall area of the main building or 60 square feet, whichever is the smaller, provided said sign is set back a minimum of 20 feet from the street line and located a minimum of 30 feet from lot lines.
9.4.3 Unlighted directional signs each not to exceed 3 square feet in area.
SECTION X-EARTH REMOVAL
10.1 General-The removal of sod, loam, peat, humus, clay, sand or gravel forming a part of the real estate of the Town, except when necessarily incidental to or in connection with the construction at the site of removal of a building for which a permit has been issued within the past six months or for grading or otherwise improving the premises of which such building is a part, shall not be permitted except in ac- cordance with the following conditions and procedures:
10.2 Permit or variance from Board of Appeals-Written applica- tion for a permit or variance must be made to the Board of Appeals. The Board of Appeals shall hold a public hearing, giving legal notice, prior to issuing a permit or variance. The following shall be conditions for such issuance:
10.2.1 The application shall be accompanied by a plan showing existing grades in the area from which the above material is to be re- moved, and in surrounding areas, together with the proposed finished grades at the conclusion of the operation, and the proposed cover veg- etation and trees.
10.2.2 A performance bond in an amout determined by the Board of Appeals has been posted in the name of the Town assuring satis- factory performance in the fulfillment of the requirements of this By- Law and such other conditions as the Board of Appeals may impose as conditions to the issuance of its permit or variance in the interests of
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safe-guarding the district and the Town against injury, the future use of the land after operations are completed, or to control the transporta- tion of such material through the Town. Upon failure to comply and forfeiture of the bond, monies therefrom shall be utilized by the Town for the purpose of fulfilling these requirements.
10.2.3 A written Agreement has been executed specifying compli- ance with all provisions of this By-Law, and with such additional con- ditions as the Board of Appeals may require.
10.2.4 No permit or variance shall be valid for more than one year.
10.2.5 Before granting a permit or variance, the Board of Appeals shall give due consideration to the location of the proposed earth removal, to the general character of the neighborhood surrounding such location, and to the general safety of the public on the public ways in the vicinity.
10.3 Removal-Removal operations shall be subject to the follow- ing conditions:
10.3.1 Removal shall not take place at any grade less than one foot above the grade level of any adjacent street or way, or below a level that would reasonably be considered a desirable grade for the later develop- ment of the area, or below the grades specified on the plan accompany- ing the permit or variance application.
10.3.2 During removal operations no slope shall exceed 1 foot vertical rise to 11/2 foot horizontal distance or the natural angle of repose of the material in a dry state, whichever is the lower, except in ledge rock.
10.3.3 Provision shall be made for safe drainage of water, and for prevention of wind or water erosion carrying material onto adjoining properties.
10.3.4 Soil shall not be disturbed within 100 feet of the boundaries of the premises, excepting at the conclusion of operations if required in order to improve the overall grading.
10.4 Restoration-Forthwith following the expiration or with- drawal of a permit or variance or upon voluntary cessation of operations, or upon completion of removal in a substantial area, that entire area shall be restored as follows:
10.4.1 All land shall be so graded that no slope exceeds 1 foot ver- tical rise in 3 feet horizontal distance, and shall be so graded as to safely provide for drainage without erosion.
10.4.2 All boulders larger than 1/2 cubic yard shall be removed or buried.
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10.4.3 The entire area excepting exposed ledge rock shall be covered with not less than 5" of good quality loam, which shall be planted with cover vegetation adequate to prevent soil erosion, using either grasses or ground cover, depending upon conditions.
10.4.4 Bond shall not be released until sufficient time has lapsed to ascertain that the vegetation planted has successfully been estab- lished and that drainage is satisfactory.
10.5 Additional Conditions-The Board of Appeals may set con- ditions in addition to the above before issuance of a permit or variance, including but not limited to: duration of the permit or variance, hours of the day during which removal may be permitted, hours during which vehicles may be permitted to leave the premises, trees to be planted, and the use of covers on loaded vehicles.
10.6 Renewal or Revocation of Permit or Variance-A permit or variance may be renewed only upon application and following a public hearing.
Prior to renewal, inspection of the premises shall be made by the building inspector to determine that the provisions of this By-Law are being complied with. The Board of Appeals, after hearing and proof of violation of the conditions of the Agreement (10.2.3), of the permit or variance, or of this By-Law, shall withdraw the permit or variance, after which the operation shall be discontinued and the area restored in accordance with Section 10.4.
SECTION XI-ADMINISTRATION
11.1 Board of Appeals-There is hereby established a Board of Appeals of five members and two associates all of whom shall be resi- dents of the Town of Chelmsford to be appointed by the Selectmen, as provided in Chapter 40A of the General Laws, which shall act on all matters within its jurisdiction under this By-Law in the manner pre- scribed in Chapter 40A of the General Laws. The Board of Appeals shall have the following powers:
11.1.1 Appeals-To hear and decide any appeal taken by any person aggrieved by reason of his inability to obtain a permit from any ad- ministrative official under the provisions of Chapter 40A, General Laws, or by any officer or board of the Town, or by any person aggrieved by any order or decision of the inspector of buildings or other administrative official in violation of any provision of Chapter 40A, General Laws, or by this By-Law. Appeals shall be based upon the belief that the applicant has been aggrieved by an administrative error with reference to interpre- tation of this By-Law, and decision by the Board of Appeals shall be based upon reasons essentially in compliance with the fulfillment of the intent and purpose of this By-Law and in accordance with its objectives.
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11.1.2 Special Permits-To grant a special permit for an exception as provided by sections of this By-Law when the Board shall have found that the use involved will not be detrimental to the established or future character of the neighborhood and/or district and town, and subject to appropriate conditions or safe-guards as deemed necessary.
11.1.3 Variances-To authorize upon appeal, or upon petition in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon a variance from the terms of this By-Law where, owing to con- ditions but not affecting such parcel or such building but not affecting generally the zoning district in which it is located, literal enforcement of the provision of this By-Law would involve substantial hardship, financial or otherwise to the appellant, and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-Law, but not otherwise. Variances shall not be granted as a result of desires and personal hardship but upon extenuating physical conditions existing on the land.
11.1.4 Public Hearings-The Board of Appeals shall hold public hearings in accordance with the provisions of Chapter 40A on all appeals and petitions brought before it. Notice of such public hearings shall be sent to all abuttors by registered mail.
11.2 Enforcement-This By-Law shall be enforced by the Building Inspector, who shall be appointed by the Board of Selectmen. He shall grant no permit for the construction, alteration, relocation, occupancy or use of any building, structure or premises in violation of any pro- vision of this By-Law. Whenever any permit or license is refused be- cause of some provision of this By-Law, the reason therefore shall be clearly stated in writing. The Building Inspector may, with approval of the Board of Selectmen, institute appropriate legal proceedings to en- force the provisions of this By-Law or to restrain by injunction any violation thereof; or both, and shall do all further acts, revoke the per- mit for occupancy, institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this By-Law. Applications for building permits shall be accompanied by two prints of a plan of the lot, drawn to scale, showing the actual dimensions of the lot, and the exact location and size of any existing or proposed buildings, and showing streets and ways adjacent to the lot. 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 Building Inspector has 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 buildings except the use or uses authorized by such occupancy permits.
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11.3 Penalty-Any person violating any of the provisions of this By-Law may be fined not more than $50.00 for the first offense, $100.00 for the second offense, and $200.00 for the third and subsequent offenses. Each day that such violation continues shall constitute a separate offense.
11.4 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 therein.
11.5 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, struc- tures, or premises, or on height of buildings, or requires larger yards, or open spaces than are imposed or required by any regulations or per- mits, or by any restrictions, easements, covenants or agreements, the pro- visions of this By-Law shall control.
11.6 Repetitive Petition-The acceptance of this By-Law includes the acceptance of Chapter Forty A (40A) Sections Eight and Twenty (8) and (20), of the General Laws of the Commonwealth of Massachu- setts and any amendments thereof.
11.7 Effective Date-This By-Law shall take effect upon adoption by the Town, subject to the approval of the Attorney General of the Commonwealth of Massachusetts, and publication, as provided by law. Upon its effective date, this By-Law shall amend, and be substituted for, the existing Zoning By-Laws of the Town of Chelmsford, but shall not affect such rights or duties that have matured; penalties that were in- curred; proceedings that were begun or appointments made before its effective date pursuant to the previously existing zoning by-laws.
Raymond J. Greenwood moved to adjourn at 10 p.m.
DANIEL J. COUGHLIN, JR. Moderator
CHARLOTTE P. DeWOLF Town Clerk
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WARRANT FOR SPECIAL TOWN MEETING NOVEMBER 4, 1963 COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss.
To Ralph J. Pedersen, Constable, or any other suitable person of the Town of Chelmsford:
GREETING:
In the name of the Commonwealth aforesaid, you are hereby re- quested to notify and warn the legal voters of the Town of Chelmsford to meet in the Chelmsford High School at Chelmsford, on the 4th day of November, 1963 at 8:00 o'clock P.M., then and there to act upon the following articles, viz:
AND YOU ARE DIRECTED to serve this warrant by posting at- tested copies thereof at the Post Offices in Chelmsford Center, South Chelmsford, North Chelmsford and West Chelmsford, and at the School- house in East Chelmsford and the Westlands Schoolhouse, 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 twenty-fifth day of October, 1963.
Raymond J. Greenwood Howard E. Humphrey Charles Egerton
Board of Selectmen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
October 28, 1963
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 Offices in Chelmsford Center, South Chelmsford, North Chelmsford and West Chelmsford, and the Schoolhouse in East Chelmsford, and the Westlands Schoolhouse, seven days, at least, before the time appointed for holding the meeting afore- said.
RALPH J. HULSLANDER, Constable of Chelmsford
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SPECIAL TOWN MEETING MONDAY EVENING, NOVEMBER 4, 1963
Moderator Daniel J. Coughlin appointed the following as Tellers: William Riney, Peter Joseph McHugh, Edmund Gunther, David Dutton.
The Meeting was called to order in the High School Gymnasium at 8:05 P.M.
ARTICLE 1. To see if the Town will vote to change the name of Kristin Road to Kristin Drive; or act in relation thereto.
UNDER ARTICLE 1:
Mr. Raymond J. Greenwood moved that the Town vote to change the name of Kristin Road to Kristin Drive.
It was so voted.
ARTICLE 2. To see if the Town will vote to change the name of Deborah Terrace to Hillside Lane; or act in relation thereto.
UNDER ARTICLE 2.
Mr. Howard E. Humphrey moved that the Town vote to change the name of Deborah Terrace to Hillside Lane.
It was so voted.
ARTICLE 3. To see if the Town will vote to change the name of Jensen Street to Jensen Avenue; or act in relation thereto.
UNDER ARTICLE 3:
Mr. Charles Egerton moved that the Town vote to change the name of Jensen Street to Jensen Avenue.
It was so voted.
ARTICLE 4. To see if the Town will vote to instruct the Moder- ator to appoint a committee of three voters without compensation to report to the Annual Town Meeting in March, 1964 concerning the feasibility of up-dating the Chelmsford Town Histories; or act in rela- tion thereto.
UNDER ARTICLE 4:
Mr. Cristy Pettee moved that the Town vote to instruct the Moder- ator to appoint a committee of three voters without compensation to report to the Annual Town Meeting in March 1964 concerning the feasi- bility of up-dating the Chelmsford Town Histories.
It was so voted.
ARTICLE 5. To see if the Town will vote to transfer from available funds a certain sum of money for the purpose of constructing and originally equipping and furnishing a Police Station Building in the Town of Chelmsford; or act in relation thereto.
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UNDER ARTICLE 5:
Mr. Malcolm Weeks moved that the Town vote to transfer from the Excess and Deficiency Fund the sum of $107,500.00 for the purpose of constructing and originally equipping and furnishing a Police Station Building in the Town of Chelmsford.
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