USA > Massachusetts > Plymouth County > Middleborough > Town annual report of Middleborough, Massachusetts 1958 > Part 3
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SECTION II. DEFINITIONS
In this By-Law the following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the fol- lowing meaning's:
A. A lot shall be defined as an area of land with definite boundaries, whether held by ownership in fee or under lease.
B. A street shall be defined as a public way (other than a non- access highway) or any way shown on a plan or described in a deed duly recorded with the Plymouth County Registry of Deeds or registered with the Plymouth County Registry District of the Land Court.
C. A street line shall be defined as the dividing line between a street and a lot.
D. A roadside stand shall be defined as a building or structure used only for the display and sale of farm products.
SECTION III. ESTABLISHMENT OF DISTRICTS
A. Types of Districts. For the purpose of this By-Law, the Town of Middleborough is hereby divided into the following types of use districts :
Residence A Residence B Business General Use
B. Location of Districts. The boundaries of these Districts are hereby established as shown on the Zoning Map filed with the Town Clerk of Middleborough on May 29, 1958. This Zoning Map, with all explanatory matter thereon, is hereby made a part of this By-Law.
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ANNUAL REPORT
SECTION IV. USE REGULATIONS
Except as provided in Section VI-A hereof, no dwelling, building, structure, land, or part thereof shall be used for any purpose or in any manner other than for one or more of the uses hereinafter set forth as permitted in the District in which such dwelling, building, structure, or land is located, or set forth as permissable by special permit in said District and so authorized.
A. Residence Districts
1. Permitted Uses
a. Dwellings.
b. Roadside stands.
c. Farms, nurseries, and buildings thereon devoted to agri- cultural purposes.
d. The taking of boarders and lodgers in a dwelling by a family resident therein.
e. Patriotic and fraternal organizations.
f. Cemeteries.
g. Religious, education, municipal, or government uses. Cor- rectional institutions are excluded.
h. Public or semi-public institutions of a philanthropic or charitable character.
i. Hospitals, sanitoriam and other medical institutions.
j. Libraries, museums, and telephone exchanges.
k. Accessory uses customarily incidental to a permitted main use on the same premises including and limited to the following:
(1) Use of a room or rooms in a dwelling for customary home occupations conducted by resident occupants, such as dressmaking, candy, pie, and cake making or for the practice, by a resident, of a recognized profes- sion. A maximum number of three employees may be engaged by the resident occupant if needed to conduct the home occupation or profession.
(2) Use of premises or dwelling, building, or structure thereon in connection with his trade by a resident carpenter, electrician, painter, plumber or other artisan, provided that no manufacturing or business requiring substantially continuous employment be car- ried on, and provided further that no merchandise or materials worked upon, required for use, or made for sale are visible to the passing public.
(3) Use of premises or dwelling, building, or structure thereon in connection with an occupation, vocation or manufacture of any product, or any operation of a mechanical nature by one or more members of a family resident upon the premises, provided that such occupation, vocation, manufacture, or operation of a mechanical nature is not noxious or offensive by rea- son of noise or odor, and does not create a public
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ANNUAL REPORT
nuisance or hazard, and provided further that no mer- chandise or materials worked upon, required for use, or made for sale are visible to the passing public, ex- cept with approval of the Board of Appeals.
(4) Use of an accessory structure such as a private garage, greenhouse, tool shed, playhouse, tennis court or other similar building or structure for domestic storage or use.
(5) Use of signs
(a) For advertising the sale or rental of the property on which it is located. Each sign shall not exceed six square feet in area.
(b) For advertising activities with a permitted use in Section IV-A-1-b, c, d, and k there shall be only one sign and it shall not exceed six square feet in area and shall be on the premises where such activities are carried on.
(c) For advertising all other activities with a per- mitted use in Section IV there is no restriction imposed upon the size and number of signs.
2. Uses which may be permitted by the Board of Appeals in accordance with the regulations appearing in Section VII- C-2 of this By-Law.
a. Aviation use.
b. Recreational use.
c. Any use determined to be of a character similar to IV-A-1 and 2.
B. Business District
1. Permitted Uses.
a. Any commercial establishment conducting a sales or service business catering to the public.
b. Any manufacturing or industrial use, including processing, fabrication and assembly.
c. Any use permitted in a Residence District, except dwellings.
C. General Use District
1. No restriction or regulation is imposed by this By-Law upon the use made of buildings, structures or premises.
SECTION V. AREA REGULATIONS
A. Residence A District
1. Except as provided in Section V-A-1-a hereof, no dwelling, building or structure having a permitted use in this District shall hereafter be erected, placed, or converted on any lot having an area of less than twenty thousand square feet and a street frontage of less than one hundred twenty feet.
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ANNUAL REPORT
a. A lot having an area or a frontage of lesser amounts than required in Section V-A-1 hereof, shall be considered as complying with the area and frontage requirements of this Section, provided such lot was shown on a plan or described in a deed duly recorded with the Plymouth County Reg- istry of Deeds or registered with the Plymouth Registry District of the Land Court at the time of the adoption of this By-Law and did not at the time of such adoption ad- join other land of the same owner available for use in connection with such lot.
2. Not more than one dwelling or building with accessory struc- tures having a permitted use in this District shall hereafter be erected, placed, or converted on any lot.
3. No dwelling, buildings, or structure having a permitted use in this District except open entrance platforms and steps shall hereafter be erected, placed, or converted on any lot closer to any street line than twenty five feet.
4. Except as provided in Section V-A-4-a hereof, no dwelling, building, or accessory structure having a permitted use in this District shall hereafter be erected, placed, or converted on any lot closed to side lot lines and rear lot lines than ten feet.
a. For each foot a lot as described in Section V-1-a hereof, has street frontage less than the requirements of Section V-A-1 hereof, three inches may be deducted from the pre- scribed setback from each side lot line as required in Sec- tion V-A-4 hereof, but in no instance shall a dwelling, building, or accessory structure be erected, placed, or converted closer than six feet to side lot lines.
B. Residence B District
1. Except as provided in Section V-B-1-a hereof, no dwelling, building, or structure having a permitted use in this Dis- trict shall hereafter be erected, placed, or converted on any lot having an area of less than ten thousand square feet and a street frontage of less than eighty feet.
a. A lot having an area or a frontage of lesser amounts than required in Section V-B-1 hereof, shall be considered as complying with the area and frontage requirements of this Section, provided such lot was shown on a plan or described in a deed duly recorded with the Plymouth County Registry of Deeds or registered with the Plymouth County Registry District of the Land Court at the time of the adoption of this By-Law and did not at the time of such adoption ad- join other land of the same owner available for use in con- nection with such lot.
2. Not more than one dwelling or building with accessory struc- tures having a permitted use in this District shall hereafter be erected, placed, or converted on any lot.
3. No dwelling, building or structure having a permitted use in this District except open entrance platforms and steps shall
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ANNUAL REPORT
hereafter be erected, placed, or converted on any lot closer to any street line than twenty five feet.
4. Except as provided in Section V-B-4-a hereof, no dwelling, building, or accessory structure having a permitted use in this District shall hereafter be erected, placed, or converted on any lot closer to side lot lines and rear lot lines than ten feet.
a. For each foot a lot as described in Section V-B-a hereof, has a street frontage less than the requirements of Sec- tion V-B-1 hereof, three inches may be deducted from the prescribed setback from each side lot line as required in Section V-B-4 hereof, but in no instance shall a dwelling, building or accessory structure be erected, placed, or con- verted closer than six feet to side lot lines.
C. Business District
1. No building or structure having a permitted use in this Dis- trict is subject to a minimum lot size or a minimum setback from the street line or side lot line, provided however that no building or structure shall hereafter be erected, placed or converted closer to the rear lot line than ten feet.
D. General Use District
1. No dwelling or accessory structure shall hereafter be erected, placed or converted on any lot in this District without com- plying with lot area, frontage and setback requirements of Section V-B.
2. No building or structure having a permitted use in this Dis- trict except open entrance platforms and steps shall hereafter be erected, placed, or converted on a lot closer to any street line than twenty five feet.
SECTION VI. GENERAL REGULATIONS
A. Non-conforming Uses
1. The lawful use of any dwelling, building, structure or land existing at the time of the adoption or subsequent amend- ment of this By-Law may be continued although such dwell- ing, building, structure or use does not conform with pro- visions of this By-Law.
2. Once changed to a conforming use, no dwelling, building, structure or land shall be permitted to revert to a non-con- forming use.
3. A non-conforming use which has been abandoned for more than one year shall not be re-established without consent of the Board of Appeals.
4. A dwelling, building or structure which is partially or totally destroyed by accidental or natural causes may be restored, provided however that restoration is started within one year of its damage or destruction. After this one year period,
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ANNUAL REPORT
restoration shall be carried out only with approval of the Board of Appeals.
5. A dwelling, building or land in non-conforming use existing at the time of the adoption of this By-Law may be altered, but may be enlarged only with approval of the Board of Appeals.
B. Vision Clearance
1. To promote public safety at street intersections in all types of Districts, nothing except as provided in Section VI-B-1-a and b hereof, shall be allowed to obstruct vision between a height of three feet and eight feet above the finished sur- faces of the street within the triangular are formed by the street lines twenty feet distant from their point of inter- section or in the case of a rounded corner the point of inter- section of such line if projected.
a. A utility pole, municipal sign or light post is permitted within the vision clearance area.
b. A single supporting column is permitted in the Business District only within the vision clearance area.
C. Parking Requirements
1. Any building hereafter erected, placed, or converted for business or industrial use in the General Use District shall be so located upon its parcel of land to provide an off-street parking area adequate to meet the needs of the use. .
SECTION VII. ADMINISTRATION
A. Permits
1. Before any dwelling, building, or structure (except farm buildings and farm structures other than dwellings) of one hundred fifty square feet or more in area on the ground or eight feet or more in height is erected, placed, or converted on any lot in all types of districts, the applicant shall file a peti- tion for a permit with the Selectmen stating his address and with a plot plan drawn substantially to scale which shall show the lot dimensions, adjacent ways, the location of dwell- ings, buildings, or structures already on the lot, and the exact size and location of the dwelling, building, or structure pro- posed to be erected, placed, or converted on the premises, and a statement of the intended use of the premises, buildings, and structures existing and proposed. If such proposed dwell- ing, buildings or structures and use thereof, including the premises, conform to the provisions of this By-Law, the Selectmen shall issue a permit for the same; otherwise it shall be refused. The Selectmen shall take final action on all peti- tions for permits within thirty days of their filing. Any per- mit shall lapse and become void if construction is not com- menced within six months of the date of issue. A fee of $2.00 (two dollars) shall be paid for issuance of any permit to de- fray costs of processing.
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ANNUAL REPORT
B. Enforcement
1. This By-Law shall be enforced by the Selectmen.
2. Penalty. Any person who violates any provision of this By- Law, or any of the conditions under which a permit is issued, or any decision rendered by the Board of Appeals, shall be subject to a fine of not more than $20.00 (twenty dollars) for each offense, which shall be recovered as provided by law and shall enure to the Town. Each day that any such violation continues shall constitute and be considered a separate of- fense.
C. Board of Appeals
There is hereby established a Board of Appeals of five members and two associate members 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 prescribed in Chapter 40A of the General Laws. The Board of Appeals shall have the following powers:
1. Appeals. To hear and decide an appeal taken by any person aggrieved by reason of his inability to obtain a permit from the Selectmen under the provisions of Chapter 40A General Laws, or by any officer or board of the Town, or by any per- son aggrieved by any order or decision of the Selectmen in violation of any provision of Chapter 40A, General Laws, or of this By-Law.
2. Special permits. To grant a special permit for an exception as provided by Section IV-A-2 of this By-Law when it shall have found that the use involved will not be detrimental to the established or future character of the neighborhood and Town and subject to appropriate conditions or safeguards if deemed necessary.
3. Variances. To authorize upon appeal, or upon petition in cases where a particular use is sought, 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 conditions especially affecting such parcel or such building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this By- Law would involve substantial hardship to the appellant, and wliere desirable relief may be granted without substantial detriment to the public good and without nullifying or sub- stantially derogating from the intent or purpose of this By- Law, but not otherwise.
4. Any appeal under this By-Law shall be taken by filing a written notice of appeal with the Town Clerk of Middle- borough.
a. An applicant for a permit which is refused shall file within fifteen days after the Selectmen have notified him in writing of their refusal to grant his permit by mailing such notice postage prepaid to the applicant at the address shown on his petition.
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ANNUAL REPORT
b. All other persons shall file within fifteen days after the entry of any decision or order by which they claim to be aggrieved.
c. The Town Clerk shall forthwith transmit copies thereof to the Selectmen from whose action the appeal is taken and to the members of the Board of Appeals. The Selectmen shall forthwith transmit to the Board of Appeals all docu- ments and papers constituting the record of the case in which the appeal was taken. The notice of appeal as filed with the Town Clerk shall specify the grounds thereof.
5. If any appellant to whom the Board of Appeals grants a special permit or a variance from any provision of this By- Law fails to make effective use of it within one year, the per- mit granted shall lapse and become void.
D. Amendment. This By-Law may be amended from time to time at an annual or special town meeting in accord with the pro- visions of Section 6 of Chapter 40A of the General Laws.
E. The Validity of any section or provision of this By-Law shall not invalidate any other section or provision thereof. This By-Law shall not interfere with or annul any By-Law or other Law now in effect in the Town of Middleborough.
WARRANT FOR STATE PRIMARY THE COMMONWEALTH OF MASSACHUSETTS
Plymouth, ss.
To either of the Constables of the Town of Middleborough:
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 the Armory, Precinct 2, Scout Cabin, South Middle- boro, Precinct 3 and North Middleboro Congregational Church, Precinct 1. TUESDAY, THE NINTH DAY OF SEPTEMBER, 1958 at 6 A.M. o'clock for the following purposes :
To bring their votes to the Primary Officers for the Nomination of Candidates of Political Parties for the following offices :
Senator in Congress For This Commonwealth Governor For This Commonwealth
Lieutenant Governor
Secretary of the Commonwealth
For This Commonwealth For This Commonwealth For This Commonwealth
Treasurer and Receiver General
Auditor of The Commonwealth For This Commonwealth
Attorney General For This Commonwealth
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ANNUAL REPORT
Representative in Congress For This 9th Congressional District
Councillor For This 1st Councillor District
Senator For This Plymouth Senatorial District
Representative in General Court For This 6th Representative District
District Attorney For This Plymouth (1) Representative District
Clerk of Courts For This Plymouth County District
Register of Deeds For This Plymouth (1) County District
County Commissioner (1)
(Except Nantucket and
Suffolk Counties) For This Plymouth County District
The polls will be open from 6 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 25th August day of A.D. 1958.
A true copy.
Attest: Clarence L. Shaw, Constable.
25th August, 1958.
MANUEL J. SILVIA
PAUL T. ANDERSON RALPH E. NOURSE RHODOLPHUS P. ALGER
ROBERT W. SPENCER Selectmen of Middleborough
STATE PRIMARIES
September 9, 1958
The following Election Officers were sworn in:
Precinct 1: Jessie Carver, Doris Thorson, Inez Chandler, Stella Fickert, Georgianna Townsend, Madeline Davis, Mildred Teeling, Hattie White and Mary Terwilliger. Police Officer, Patrick McMahon.
Precinct 2: William J. L. Jacob, Laura Norris, Alice Sylvia, Annie Healey, Bertha Dunham, Roland Bradford, Esther Robidoux, Evelyn Dunn, M. Helen Casey, Louis Tessier, William H. Crapo, Henry R. Pierce, Frank E. Minott, Jeannette Bigelow, Lura Bradford, Louise Cashoon, Francis H. Crowley, Police Officer.
Precinct 3: Walter Gillis, Perley Perham, Euphemia Lincoln, Rhoda Maxim, Mary Grishey, Frances MacAulay, Alice Tripp and Ester Neelon, William Greeley, Police Officer.
The polls were open from 6 A.M. to 8 P.M.
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ANNUAL REPORT
The result of the vote was as follows:
Dem.
Rep.
Total
Precinct 1
15
117
132
Precinct 2
222
1,019
1,241
Precinct 3
15
139
154
252
1,275
1,527
REPUBLICAN PARTY
Pct 1
Pct 2
Pct 3
Total
Senator in Congress
Vincent J. Celeste
88
749
99
936
Blanks
29
270
40
339
117
1,019
139
1,275
Governor
George Fingold
7
0
18
25
John A. Volpe
0
5
0
5
Charles Gibbons
99
751
101
951
Blanks
11
263
20
294
117
1,019
139
1,275
Lieutenant Governor
Elmer C. Nelson
100
897
124
1,121
Blanks
17
122
15
154
117
1,019
139
1,275
Secretary
Marion Curran Boch
105
889
121
1,115
Blanks
12
130
18
160
117
1,019
139
1,275
Treasurer
John E. Yerxa
104
884
120
1,108
Blanks
13
135
19
167
117
1,019
139
1,275
Auditor
Thomas H. Adams
104
877
121
1,102
Blanks
13
142
18
173
117
1,019
139
1,275
39
ANNUAL REPORT
Pct 1
Pct 2
Pct 3
Total
Attorney General
Christian A. Herter, Jr.
109
910
125
1,144
Charles Gibbons Blanks
0
0
1
1
8
109
13
130
117
1,019
139
1,275
Congressman
G. Leo Bessette
4
30
11
45
Charles J. Gabriel
18
180
28
226
Hastings Keith
79
602
75
756
Nathaniel Tilden
11
175
24
210
Blanks
5
32
1
38
117
1,019
139
1,275
Councillor
William E. Hall
32
192
31
255
Frankland W. L. Miles
76
706
102
884
Blanks
9
121
6
136
117
1,019
139
1,275
Senator
Warren S. Keith
25
181
30
236
C. Trafton Mendall
88
823
107
1,018
Blanks
4
15
2
21
117
1,019
139
1,275
Representative in General Court
Alton H. Worrall
103
880
124
1,107
Blanks
14
139
15
168
117
1,019
138
1,275
District Attorney
John R. Wheatley
55
586
80
721
Charles F. Marsland, Jr.
56
382
52
490
Blanks
6
51
7
64
117
1,019
138
1,275
Clerk of Courts
George C. P. Olsson
111
914
124
1,149
Blanks
6
105
15
126
117
1,019
138
1,275
Register of Deeds
Richard W. Holm
104
905
125
1,134
Blanks
13
114
14
141
117
1,019
138
1,275
40
ANNUAL REPORT
Pct 1
Pct 2
Pct 3
Total
County Commissioner
Leo F. Nourse Blanks
108
911
127
1,146
9
108
12
129
117
1,019
138
1,275
DEMOCRATIC PARTY
Senator in Congress
John F. Kennedy Blanks
14
202
14
230
1
20
1
22
15
222
15
252
Governor
Foster Furcolo
13
196
12
221
Charles Gibbons
0
3
0
3
Blanks
2
23
3
28
15
222
15
252
Lieutenant Governor
Robert F. Murphy
14
198
14
226
Blanks
1
24
1
26
15
222
15
252
Secretary
Edward J. Cronin
14
189
15
218
Blanks
1
33
0
34
15
222
15
252
Treasurer
William G. Shaughnessy
4
64
7
75
John F. Kennedy
10
142
7
159
Blanks
1
16
1
18
15
222
15
252
Auditor
Thomas J. Buckley
14
198
15
227
Blanks
1
24
0
25
15
222
15
252
Attorney General
Edward J. McCormack, Jr.
9
149
9
167
Endicott Peabody
5
64
5
74
Charles Gibbons
0
0
1
1
Blanks
1
9
0
10
15
222
15
252
41
ANNUAL REPORT
Pct 1
Pct 2
Pct 3
Total
Congressman
John Almeida, Jr.
3
45
6
54
George Correa
3
36
0
39
William McAuliffe
4
38
6
48
James F. O'Neill Alexander Byron Blanks
4
71
2
77
0
16
0
16
1
16
1
18
15
222
15
252
Councillor
Joseph P. Dupont
4
22
7
33
Arthur R. Bellao
7
66
0
73
Francis W. Harrington
1
14
0
15
Richard C. Hayes
1
21
0
22
Leo P. Soares
0
2
0
2
Ernest C. Stasiun
1
47
3
51
Kenneth L. Sullivan
0
29
5
34
Blanks
1
21
0
22
15
22
15
252
Senator
John E. Flynn
13
192
12
217
Domenico Piscitelli
0
10
1
11
Robert F. Triggs
1
4
1
6
Blanks
1
16
1
18
15
222
15
252
Representative in General Court
Thomas D. Sena
13
202
14
229
Blanks
2
20
1
23
15
222
15
252
District Attorney
Henry C. Gill
14
192
13
219
Blanks
1
30
2
33
15
222
15
252
Clerk of Courts
John J. Daley
14
191
13
218
Blanks
1
31
2
34
15
222
15
252
Register of Deeds John R. Buckley
14
198
13
225
Blanks
1
24
2
27
15
222
15
252
42
ANNUAL REPORT
Pct 1
Pct 2
Pct 3
Total
County Commissioners
7
81
5
93
Albert Bergman
7
112
9
128
Paul J. Gillis Blanks
1
29
1
313
15
222
15
252
The result of the vote was announced at 10:15 P.M.
WARRANT FOR STATE ELECTION
Plymouth, ss.
To Clarence L. Shaw, or either of the Constables of the Town of Middleborough :
Greetings :
In the name of the Commonwealth of Massachusetts you are hereby required to notify and warn all inhabitants of said Town, qualified to vote by law in elections, to meet at their respective polling places in said Town on Tuesday, November 4, 1958, that being the first Tuesday after the first Monday in November.
Precinct 1. North Middleboro Congregational Church, Plymouth Street.
Precinct 2. At the Town Hall, Nickerson Avenue.
Precinct 3. At the Scout Cabin, Wareham Street.
The polls to be opened in all three precincts at 9 A.M. and to remain open until 8 P.M., to bring in their ballots to the warden of their respec- tive precinct for the following officers and questions:
Presidential Electors: Governor; Lieutenant Governor; Secretary; Treasurer; Auditor; Attorney General; Representative in Congress; Councillor; Senator; Representative in General Court (1); County Com- missioners (2) ; Sheriff.
LAW PROPOSED BY INITIATIVE PETITION
QUESTIONS
1. Do you approve of a law summarized below which was dis- approved in the House of Representatives by a vote of 73 in the affirmative and 132 in the negative and was approved in the Senate by a vote of 21 in the affirmative and 17 in the negative ?
SUMMARY
The proposed measure provides that every former public employee, other than judge, who is pensioned or retired for disability, shall report to his retirement authority, annually, his earnings from gainful occupa-
43
ANNUAL REPORT
tion during the preceding year: and that, if such earnings, plus the pension exceed the regular compensation of the position formerly held, the pensioner shall refund that portion of his pension equal to such excess or the entire pension if such excess is greater than the pension. A refund, if required, shall not include any part of a pension represented by salary deductions from or special purchase by the former employee. The re- quirement of a refund is not applicable to income received in or prior to 1958.
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