USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1963 > Part 5
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4. Parking
a. With respect to the following uses at least one off-street parking space shall be provided for:
(1) Residential: Each dwelling unit.
(2) Rooms for rent in a residence. Each 2 rented rooms.
(3) Hotels: Each Bedroom.
(4) Place of public assembly or res- taurant: Each 4 seats of rated capacity.
(5) Recreation Club or similar use: Each 3 persons normally expected on the premises at the time of maximum use.
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(6) Retail business or service estab- lishment: Each 75 square feet of gross floor area.
(7) Clinic, medical building, nursing home, hospital, professional or general office: Each 150 square feet of gross floor area.
(8) Where a use is not specifically provided for, the regulations for the most nearly comparable specified use shall ap- ply as determined by the Board of Ap- peals to the end that adequate space shall be provided to accommodate the motor vehicles used by all persons likely to be gathered at the premises at any one time.
b. In computing parking space re- quirements no space shall be counted which is needed for circulation or load- ing of vehicles.
c. Required spaces may be provided on the same lot with the principal use or on a contiguous or nearby lot, pro- vided that no space is counted as meeting the requirements of more than one use and provided further that the distance between such parking lot and the en- trance to the use it serves shall not ex- ceed 200 feet.
d. In computing gross floor area, the entire floor area of each structure shall be included, according to the appropriate intended use, except that floors, includ- ing basements, of principal buildings or accessory structures which are intended for storage and other uses from which customers or clientele are to be excluded shall not be included in computing gross floor area.
e. A parking space shall mean an area of not less than 10 feet by 25 feet, ac- cessible from the street, suitable and in- tended for the parking of a passenger motor vehicle.
5. Access from Highway
A reasonable number of entrances from, and exits to, the highway shall be provided for the lots to be served by
such highway and shall be located with proper regard to the proposed use of the developed area and safety to the pedes- trian and vehicular traffic. Where appro- priate, paved turn-off areas leading to and from entrances and exits shall also be provided.
6. Signs
No outdoor sign or advertising device shall be erected or maintained in the' district, except non-flashing, non-moving and non-animated signs in one or more of the following categories:
(1) Signs attached flat against the wall of the building.
(2) One free-standing sign, at any entrance to the premises, not to exceed 60 square feet in area.
(3) Directional and traffic signs.
7. Lighting
All exterior lighting, except that in- corporated as part of a permitted sign. shall be so shielded as not to cast direct light on any street or on any dwelling.
8. Outdoor Storage and Waste Dis- posal
a. All outdoor facilities for fuel. goods, materials and products shall be enclosed by a fence or wall adequate tc conceal such facilities from adjacent property and public view.
b. No materials or wastes shall be de- posited upon a lot in such form or man- ner that they may be transferred off the lot by natural causes or forces.
c. All materials or wastes, which might cause objectionable odors, fumes or dust, or which constitute a fire hazard or which may be edible by, or otherwise be attractive to rodents or insects shall be stored outdoors only in suitable anc appropriate containers.
9. Site Plan
With each application for permission
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of the Board of Appeals under the pro- visions of this section, there shall be submitted a site plan for the proposed development or use, drawn to scale, showing the actual dimensions and shape of the lot to be used, the sizes and loca- tions on the lot of all existing and pro- posed buildings, structures, parking spaces, driveway openings, driveways, service areas, and other open uses, all facilities for surface water drainage, sew- age, refuse and other waste disposal, all landscape features (such as wall, fences, planting areas and walks) on the lot, and such other information as may be lawfully required by the Board of Ap- peals. Twenty copies of the site plan shall be filed with the Town Clerk, six of which shall be forwarded forthwith to the Planning Board, five to the Board of Public Works, four to the Board of Appeals, three to the Board of Selectmen, and two to the Building Inspector.
10. Exercise of Rights under a permit
The rights under any permit granted as herein provided shall be exercised with- in such period of time as may be speci- fied by the Board of Appeals, or, if no period is so specified, within six months from the time the building or structure to which such permit appertains is or becomes available for use under the per- mit. The Board of Appeals may extend the period of time for exercising rights under any permit granted by it without the necessity of a new or further appli- cation and public hearing thereon, unless the Board shall so require.
11. Conditions on a Use Permit
a. Before granting a special permit for exceptions under this section, the Board of Appeals shall consider its probable effects on the neighborhood and the Town, and such exception shall be denied if in the judgment of the Board of Appeals it will tend substantially to derogate from the intent or purpose of this By-Law.
b. The Board shall impose such appro-
priate conditions and safeguards in grant- ing a permit as may be deemed necessary for the general welfare.
c. In imposing any conditions on a use permit, the Board of Appeals shall take into account, among other considerations, the following:
(1) Protection of adjoining premises and the general neighborhood from any detrimental use of the lot or tract.
(2) Convenience and safety of ve- hicular and pedestrian movement within the site and in relation to adjacent streets, properties or improvements.
(3) Responsibility for, and adequacy of the methods of disposal of sewage, refuse and other wastes.
(4) Provision for the loading and un- loading of vehicles incidental to the servicing of the buildings and related uses of the lot or tract.
(Part 3) Section 6. General of ARTI- CLE III - USE REGULATIONS is hereby amended by striking out the numeral "6" and by substituting therefor the numeral ", so that said Section as amended shall be numbered 7 and be designated, as follows:
"Section 7. General"
(Part 4) Section 1. General Regula- tions of ARTICLE IV - HEIGHT, AREA AND YARD REGULATIONS is hereby amended by inserting in the first line, immediately following the word "dis- trict," the words, "except a Business B-3 District," so that the first line of Section 1 as amended shall read as follows: "Sec- tion 1. General Regulations. For each class of district, except a Business B-3 District, the regulations ... "
(Part 5) Paragraph (f) of sub-section 4 of Section 3. Additional Area and Yard Regulations and Exceptions, of ARTICLE IV - HEIGHT, AREA AND YARD REGU- LATIONS is hereby amended by inserting in the first line immediately following the word "district," the words, "except
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as otherwise provided in Section 6. Busi- ness B-3 District," so that the first line of paragraph (f) as amended shall read, as follows:
"(f) In any district except as other- wise provided in Section 6. Business B-3 District, all place of public assembly such as a church, ... "
(Part 6) Sub-section 5 of Section 3. Additional Area and Yard Regulations and Exceptions of ARTICLE IV-HEIGHT, AREA AND YARD REGULATIONS is hereby amended by inserting in the third line, immediately following the word "apply," the words "to the Residence A-1, Resi- dence A-2, Residence A-3, Business B-1, or Business B-2 Districts," so that the third line of Sub-section 5 as amended shall read, as follows: "need not apply to the Residence A-1, Residence A-2, Residence A-3, Business B-1, or Business B-2 Districts, except as to set back, to lots of less than the required area for ... "
(Part 7) Section 6. Access to Com- mercial or Industrial Buildings of ARTI- CLE V - General PROVISIONS is hereby amended by inserting in the fourth line, immediately following the words, "Busi- ness B-1 or B-2," the words, "or B-3," so that the fourth line of Section 6 as amended shall read, as follows: "servicing of a commercial or industrial building in the Business B-1 or B-2 or B-3 ... "
(Part 8) Sub-section 3 of Section 3. Board of Appeals, of ARTICLE VI - ADMINISTRATION AND ENFORCEMENT is hereby amended by striking out in the seventh line the numeral "21" and by substituting therefor the numeral "14."
(Part 9) Paragraph (b) of Sub-section 5 of Section 3. Board of Appeals, of ARTI- CLE VI - ADMINISTRATION AND EN- FORCEMENT is hereby amended by strik- ing out said paragraph and by substi- tuting therefor the following paragraph (b) : "(b) To hear and decide requests for permits or exceptions upon which the Board is required to pass under Section 4 and under Section 6. Business B-3 Dis- trict, of this Article."
(Part 10) Section 4. Special Excep- tions, of ARTICLE VI - ADMINISTRA- TION AND ENFORCEMENT is hereby amended by inserting immediately fol- lowing sub-section (d) the following sub-section (e) :
" (e) Permit in the Business B-3 Dis- trict any of the uses mentioned in Article III, Section 6, where permits are required for any such uses."
(Part 11) Sub-section 2 of Section 5. Amendments, of ARTICLE VI - ADMIN- ISTRATION AND ENFORCEMENT is hereby amended by striking out in the eighth line the word, "twenty-one," and by substituting therefor the word, "four- teen."
(Part 12) Sub-section 8 of Section 2, Sub-section 3 of Section 3, Sub-sections 2, 3, and 4 of Section 4, and Sub-section 2 of Section 5 of ARTICLE III, and Sub- section 2 of Section 3 of ARTICLE V are hereby amended by striking out the numeral "" wherever the same appears in the phrase, "Board of Appeals as pro- vided in Article VI Section 5" and by substituting therefor the numeral "4," so that said phrase as mended shall read, as follows: Board of Appeals, as provided in Article VI, Section 4."
Sponsored by the Planning Board.
Voted: Article 2. Moved to ac- cept the report of the Planning Board and adopt their recommen- dations by amending the Zoning By-Laws as set forth in Article 2 of the Warrant.
Vote: 144 Yes; 70 No.
ARTICLE 3. To see if the Town wil vote to amend the Zoning By-Law anc Zoning Map by providing that the fol- lowing-described areas shall be included in the Business B-3 District, or otherwise be rezoned to permit the use of the same for any of the uses referred to in the Zoning By-Law, under Article III, Sec. tion 6, as amended, or take any action relative thereto:
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(Part 1) The area presently zoned as Residence A-2 District, containing ap- proximately 43 acres bounded NORTH- WESTERLY by Essex Street and Loring Avenue, NORTHEASTERLY by Vinnin Street, EASTERLY and SOUTHEASTERLY by Paradise Road, and SOUTHWESTERLY by land now or formerly of Morris J. Ullian and John D. Russell, said area being shown as lots 9, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 on Plate 17 of the plans of the Board of Assessors of Swampscott, and also on plan entitled, "PLAN OF LAND BELONGING TO LILLIAN A. LITTLE TRUST SITUATED IN SWAMP- SCOTT, MASS." dated November 19, 1960, drawn by Bradford & Weed, Civil Engi- neers.
Sponsored by the Planning Board.
(Part 2) The area presently zoned as Business B-1 District, bounded as marked on plan hereinafter mentioned, WEST- ERLY by Paradise Road, 1908.48 feet; NORTHERLY by Vinnin Street, 121.26 feet; NORTHEASTERLY by Salem Street, 424.40 feet; SOUTHEASTERLY, EASTERLY and NORTHWESTERLY by a 40-foot right of way designated as Lot B on said plan, 977.10 feet; SOUTHEASTERLY by land of Tedesco Country Club, 1352.22 feet; SOUTHERLY by land of Tedesco Country Club, 108.58 feet; NORTHWESTERLY by land of Tedesco Country Club, 137.74 feet; and SOUTHWESTERLY by land of Tedesco Country Club, 86.19 feet, to the point of beginning.
Said area is shown as Lot A on Plan of Land Surveyed for Louis H. Salvage, situated in Swampscott, Mass., Septem- ber 27, 1956. Bradford and Weed, Civil Engineers, and contains according to said plan, 678,380 square feet.
Said area is also shown as part of Plate 17, Lot 24 on the Assessors' Plans of the Town of Swampscott.
Sponsored by the Planning Board.
Voted: Article 3. Moved to accept the report of the Planning Board
and adopt their recommendation by rezoning the areas described in Arti- cle 3 so as to include them in the new Business B-3 District.
Mr. Harry D. Linscott asked the Moderator for a ruling as to whether the Town could vote on Article 3 before Article 2 had been approved by the Attorney General. The Mod- erator ruled that it could and called for a vote. The motion was declared carried by a vote of 156 Yes to 20 No.
After Articles 4 and 5 had been acted upon, Mr. Buchanan moved, at the request of the Moderator, to reconsider Article 3 for the purpose of hearing Mr. Lloyd D. Tarlin, a non-resident, one of the trustees of Pine Realty Trust, who had re- quested permission to speak on Ar- ticle 3 and had been inadvertently overlooked by the Moderator. The motion was carried, and Mr. Tarlin spoke. Mr. Santry then moved that the Town vote to amend the Zoning By-Law and Zoning Map by pro- viding that the area described in Part 1 of Article 3 be included in the Business B-3 District. Mr. McKenney moved to amend Mr. Santry's motion to include the area described in Part 2 also. The amend- ment was declared carried, and the main motion, as amended, was de- clared carried by a vote of 148 Yes to 19 No.
ARTICLE 4. To see if the Town will vote to amend the Zoning By-Laws by extending the retail business section so as to permit within the following de- scribed area the construction, mainte- nance, and use of buildings for retail business under the provisions, and for any of the uses referred to in Article III, Section 4. Business B-1 District of said Zoning By-Laws and subject to the provisions of the By-Laws applicable thereto; or take any action relative there- to:
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The area containing approximately 50 acres, bounded northeasterly by Vinnin Street; northwesterly by Essex Street, and easterly and southeasterly by Paradise Road and shown as Lots 9, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 on Plate 17 of the plans of the Board of Assessors of Swampscott and also on plan entitled "Plan of Lillian A. Little Trust." dated November 19, 1960, Bradford & Weed, Civil Engineers.
Sponsored by H. D. Linscott.
Voted : Article 4. Moved to accept the report of the Planning Board and adopt their recommendation by voting against the rezoning of the area described in Article 4 as a Busi- ness B-1 district under the present Zoning By-Law.
Unanimous.
ARTICLE 5. To see if the Town will authorize and direct the Board of Public Works to extend the main sewer within the easement granted the Town by Louis H. Salvage by instrument dated July 16, 1956, recorded with the Essex South Dis- trict Registry of Deeds in Book 4387, Page 409, or any other easement the Town may have from the present termi- nus of such sewer on land of the Pine Realty Trust to the line of Paradise Road, upon the condition that the cost of the same be paid by the owners or developers of the land on the Westerly side of Para- dise Road now owned by Lillian A. Little Trust, and that arrangement for such payment satisfactory to the Board of Public Works be made; or take any ac- tion relative thereto.
Sponsored by H. D. Linscott.
Voted: Article 5. To accept this article after the deletion of the word "direct" thus reading: To see if the Town will authorize the Board of Public Works, etc. . . .
ARTICLE 6. To see if the Town will vote to amend the Zoning By-Laws, Sub- section 1 of Section 3 of Article 6 by
substituting therefor the following sec- tion:
"In accordance with the provisions of Section 14 of Chapter 40A of the Gen- eral Laws, as amended, a Board of Ap- peals is hereby established and shall con- sist of five (5) members to be appointed by the Board of Selectmen. Members first appointed shall serve the terms of one (1), two (2), three (3), four (4) and five (5) years, respectively, so that the term of one member shall expire each year thereafter. Each subsequent appoint- ment shall be for the term of five (5) years. Vacancies shall be filled for the balance of any unexpired term in the same manner in which original appoint- ments are made. The Board of Appeals shall annually elect a Chairman from its own members. No member shall act in a case in which he or she is in any way interested.
"The Board of Selectmen shall appoint five associate members of the Board of Appeals. Associate members first ap- pointed shall serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively, so that the term of one associate member will expire each year thereafter. Each subsequent appoint- ment of an associate member shall be for the term of five (5) years. Associate members shall be sworn and shall qualify in the same manner as regular members. The chairman of the Board of Appeals may designate any such associate mem- ber to sit on the Board in case of ab- sence, inability to act, or interest on part of a member thereof, or in the event of a vacancy on said Board may designate any such associate member to sit as a member of the Board until said vacancy is filled in the manner provided herein
"The Board of Appeals shall also act as the Board of Appeals under the Build- ing and Planning By-Laws of the Towr. of Swampscott.
"Members and Associate Members of the Board of Appeals shall serve without compensation.
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"Any By-Laws inconsistent herewith is hereby rescinded."
Sponsored by Board of Selectmen.
Voted: Article 6. Not to accept this article.
ARTICLE 7. To see if the Town will vote to amend the Zoning By-Laws, Ar- ticle 3, entitled "Use Regulations," Sec- tion 4, Business B-1 District, Subsection 2, by adding after the words "Personal Service Establishment," the words "clinic, medical building, nursing home," so that Subsection 2 reads as follows:
2. Retail store, personal service estab- lishment, clinic, medical building, nurs- ing home, bowling alleys, hotel, restau- rant, theatre, moving picture house, re- freshment stand, bank, office, studio or funeral parlor, provided permission is ob- tained from the Board of Appeals as pro- vided in Article 6, Section 5, or take any action relative thereto.
Sponsored by William P. Saunders, et al.
Voted: Article 7. To accept the report of the Planning Board and adopt their recommendation by vot- ing to amend the Zoning By-Law as proposed in Article 7 as printed in the warrant with the omission of the words "nursing home" so that Article 7 as amended will now read as follows :
Article 7 : To see if the Town will vote to amend the Zoning By-Laws, Article 3, entitled "Use Regula- tions," Section 4, Business B-1 Dis- trict, Subsection 2, by adding after the words "Personal Service Estab- lishment" the words "clinic, medical building so that Subsection 2 reads as follows :
2. Retail store, personal service establishment, clinic, medical build- ing, bowling alleys, hotel, restau- rant, theatre, moving picture house, refreshment stand, bank, office, studio or funeral parlor, provided
permission is obtained from the Board of Appeals as provided in Article 6, Section 5, or take any action relative thereto.
Unanimous.
ARTICLE 8. To see if the Town will vote to petition the legislature to amend Chapter 300 of the Acts of 1927 by: authorizing the Moderator to appoint members of the Finance Committee from registered voters of the town without restriction except that each precinct shall have one representative and there shall be two members appointed at large on said Finance Committee, or take any ac- tion relative thereto.
Sponsored by the Town Government Study Committee.
Voted: Article 8. That action on this article be postponed indefi- nitely.
Unanimous.
ARTICLE 9. To see if the Town will vote to petition the legislature to amend Chapter 300 of the Acts of 1927 by: requiring the Town Clerk in the event that a Town Meeting Member fails to attend two successive meetings, to call a caucus of the members from his pre- cinct for the purpose of considering a motion to declare his seat vacant and filling the vacancy, or take any action relative thereto.
Sponsored by the Town Government Study Committee.
Voted: Article 9. Not to accept this article. Yes 77; No 94.
ARTICLE 10. To see if the Town will vote to amend its Building By-Laws by adopting the following clarifying sec- tion to insure that this protective service is operated in the best interests of the Town and its people, substituting under "Article 1, Building Department" the following new Section 1:
The Town's Building Department is
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forthwith to be re-established formally in accordance with the following:
a. The Building Code Advisory Com- mittee is to retain its exact present status and function, except that a member of the Board of Health shall be appointed to serve on the committee, by the Select- men, forthwith, for the balance of a regular four year term, until 1967, and Article 1, Section 2-c of the Building By-Law is hereby so amended.
b. The Building Inspector is hereby specifically (rather than by implication as before) designated as head of the Building Department and Zoning By-Law enforcement officer.
c. Serving under the Building Inspec- tor, and appointed by the Selectmen, not- withstanding any contrary provisions of any other town by-law or section there- of, shall be an Assistant, when, and if appointed, under provisions of the pres- ent Building By-Law, the Wiring Inspec- tor, the Plumbing Inspector, appropriate Board of Public Works personnel, in cases relating to water supply, sewage disposal, etc., Fence Viewers, Measurer of Lumber, Smoke Inspector, the Fire Chief or his designee for oil installations, and any other inspectors who may later be designated where, as in the above cases, their functions are related to construc- tion of any type.
d. There shall be a single permit issued by the Building Inspector in the name of the Town of Swampscott for any in- stallation or construction work or part thereof including remodeling.
e. The single application and permit shall be drafted as to form by a repre- sentative from each of the following Boards and the Building Inspector and the Fire Chief:
The Board of Selectmen The Board of Public Works
The Board of Health
The Planning Board
The Building Code Advisory Board
This seven man committee shall from
time to time review these forms for suitability.
f. Fees to be charged for the issuance of such permits shall be established by a committee of three including the Build- ing Inspector and one representative from the Finance Committee who shall be Chairman, and one representative of the Board of Selectmen. This Committee shall duly consider the cost of operating the Building Department and fees charged in comparable communities, in initially establishing permit fees, and shall review them from time to time to insure that they realistically reflect said costs without being unreasonable relative to other communities.
g. The Building Department shall be furnished with office room and such sup- plies as are necessary for the transaction of its business.
Sponsored by the Town Government Study Committee.
Voted: Article 10. To refer back to the Town Government Study Committee.
ARTICLE 11. To see if the Town will vote to amend its By-Laws by adopting the following in accordance with Chap- ter 217 of the Acts of 1963:
Town of Swampscott By-Law for Regulation of Installation of Gas Appliances and Gas Piping
Section 1. The Swampscott By-Laws regulating the installation of gas appli- ances and piping, shall be the Massachu- setts Code for Gas Appliances and Piping as established under Chapter 737 of the Acts of 1960 and any amendments there- to and rules and regulations promulgated thereunder by the Gas Regulatory Board.
Section 2. The local authority having jurisdiction and responsibility for admin- istering this By-Law, shall be a licensed Master Gas Fitter or a licensed Master; Plumber, with extensive gas fitting ex- perience, serving in the Building Depart-
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ment under the Building Inspector, said licensed Gas Fitter or licensed Plumber to be appointed by the Board of Select- men.
Section 3. All Gas Fitters and Plumb- ers installing gas appliances and piping in the town must obtain a permit from the Gas Inspector, except in those in- stances where gas heated plumbing fix- tures or appliances are installed by the same licensed and registered plumber who installs the gas piping.
Section 4. The Board of Health and its Agent shall consult with and advise the Gas Inspector from time to time as the latter may require.
Sponsored by the Town Government Study Committee.
Voted: Article 11. To accept the recommendation of the Finance Committee and refer this article back to the Town Government Study Committee, said Committee to report at the Annual Town Meet- ing of 1964.
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