USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1959 > Part 10
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29
10. Variances subject to appeal to Board of Appeals, on all above 9 paragraphs.
SECTION V. NON-CONFORMING USES.
*1. Continuation of Non-Conforming Uses-Any lawful building or use of a building or premises or part thereof at the time this by-law or any amendment thereto is adopted may be continued although such building or use does not conform to the provisions thereof, and such building or use may on approval of the Board of Appeals be extended throughout such premises to an extent not exceeding that permitted in a limited business district.
106
*2. Change of Non-conforming Uses-The Board of Zoning Appeals may permit any non-conforming use to be changed to any specified use not substantially different in character or more detrimental or objection- able to a neighborhood.
*3. Limitation on Restoration-No building which has been damaged by fire or other cause to the extent of more than three-quarters of its value shall be repaired or rebuilt, except in conformity with this by-law unless the Board of Zoning Appeals so authorizes.
4. If the non-conforming use of any building, structure or premises shall be discontinued for a period of twelve consecutive months, it shall not be re-established and all future uses thereof shall be in conformity with the applicable provisions of this by-law.
5. Variances subject to appeal to Board of Appeals on the above 4 paragraphs.
SECTION V-A. THE USE OF LAND
No sod, loam, sand, gravel or quarry stone shall be removed for sale except when incidental to and in conformity with the construction of a building for which a permit has been issued in accordance with the building laws. The use of land for any purpose other than those specifically pro- vided for in these by-laws is hereby forbidden except by the permission of the Board of Zoning Appeals, and subject to restrictive covenants, of the Board of Appeals.
SECTION VI. AREA REGULATIONS.
*1. Rear Yards-In a residence district there shall be behind every building except a one-story building of accessory use and in a business or industrial district there shall be behind every dwelling a yard having a minimum depth of one fifth of the depth of lot or twenty-four feet, which- ever is the less.
*2. Side Yards-In a residence district no building except a one-story building of eccessory use shall be built within eight feet of a side lot line or within sixteen feet of any other dwelling, and no one-story building of accessory use shall be built within five feet of any lot line unless there is a party wall; provided that on no lot existing at the time this by-law is adopted shall the aggregate width of side yards thus required by such, that less than twenty-four feet of the width of the lot may be built upon. In a business or industrial district no dwelling shall be built within six feet of a side lot line unless contiguous thereto .
*3. Front Yards-In a residence district no building or roadside stand shall be built or placed within eighteen feet of the street line, and no building of accessory use or farm or poultry farm building other than a dwelling or roadside stand shall be built within sixty feet of the street line, provided that no building other than a farm or poultry farm building need be set back more than twenty percent of the depth of the lot nor more than the average of the setbacks of the buildings on the lots next thereto on either side, a vacant lot or a lot occupied by a building set back more than eighteen feet. There shall be in front of every dwelling not fronting on a street a yard not less than twenty-four feet deep.
*4. Lot Size-In a residence district no dwelling shall be erected or maintained except on lots containing 15,000 square feet each and having a
107
frontage of not less than 120 feet at the building line, and not more than one dwelling shall be erected on each such lot except that (a) a lot of less than 30,000 square feet and more than 20,000 square feet may be divided into lots containing not less than 10,000 square feet each and having a frontage of not less than 100 feet at the building line and (b) if a lot contains more than 30,000 square feet and if after division into as many 15,000 square foot lots as practicable, there remains a lot of 10,000 square feet or more, one dwelling may be erected on such remaining lot providing the same has a frontage of not less than 100 feet. One dwelling may be erected on a lot containing less than 15,000 square feet or having a frontage of less than 120 feet, if such lot was recorded at the time of the adoption of this by-law, if separately owned and did not at the time of such adoption adjoin other land of the same owner, available for use in connection with said lot, or if adjoining areas have been, prior to that time, developed to n substantial extent by the construction of houses on lots generally smaller than is prescribed by this section and the standard of the neighborhood so established does not reasonably require a subdivision of the applicant's land into lots as large as is hereby prescribed, then the owner of these lots may apply to the Board of Appeals for relief from the terms of this section as applying to any of these lots, and the Board of Appeals may grant such relief by making special exceptions to the terms of this section subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this by-law, where desirable relief may be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of this by-law. Any recorded lot size may be increased subject to approval of the Board of Appeals. Amended Article 27, A.T.M. 1955. Approved by Attorney-General 6/29/55.
*5. Appurtenant Open Space. No yard or open space required for a building by this by-law shall during the life of such building be occupied by or counted as open space for another building.
*6. Projections. Nothing herein shall prevent the projection of steps, unroofed porches, cornices, window sills, belt courses and other ornamental features into any required yard.
*7. No lot on which is located any building used for residence pur- poses in any district shall be reduced or changed in area or shape so that the building or lot fails to comply with the provisions of this by-law. This section, however, shall not apply in the case of a lot a portion for which is indicated for a public purpose.
8. Height Regulations. The limit of height in a residence district shall be two and one-half stories, not to exceed thirty-five feet; except that schools, churches and municipal buildings may contain three full stories and may be erected as high as forty-five feet.
The limitation of height in feet shall not apply to chimneys, ventila- tors, skylights, tanks, penthouses, or other accessory features usually carried above roofs, not to towers or spires of churches and other build- ings, if such features are, in no way, used for living purposes.
9. No building or structure shall be permitted in any district which is constructed with unusual features (Ice Cream cones, milk bottles, shoes, doughnuts, barrels, boats, etc.)
108
10. Variances subject to appeal to Board of Appeals on all above 9 paragraphs.
SECTION VI-A. OFF-STREET MOTOR VEHICLE PARKING - LOAD- ING AND UNLOADING FACILITIES
1. Residences and Motels. For every single family dwelling, two family dwelling, duplex house, multi-family dwelling, apartment house motel, tourist home, boarding house and lodging house, there shall be provided on the same lot, off-street parking space for one motor vehicle for each family unit thereof. Where such off-street parking space cannot be reasonably provided on the same lot, the Board of Appeals may grant a special permit therefor on any land within a radius of six hundred feet therefrom.
2. Miscellaneous, Public and Special Halls and Places of Assembly -For every miscellaneous hall, public hall, special hall and place of assembly, as defined in Section 1 of Chapter 143 of the General Laws, or in any laws in amendment thereof or in addition thereto, there shall be provided off-street parking space for one motor vehicle for each one hundred square feet of public floor area therein, and such parking space shall be provided within a radius of six hundred feet therefrom.
3. Retail Establishments, Service Enterprises, Offices, Bank Business and Industrial Buildings.
For every building specified in Sections III, III-A and IV, there shall be provided on the same lot, off-street parking space for one motor vehicle for each two-hundred square feet of floor area used for such purposes.
There shall be provided a loading and unloading space for the use of commercial vehicles serving such buildings. Such loading and unloading space shall be of sufficient size to accommodate any such vehicles; but, in no case, shall be less than thirty feet in length, less than ten feet in width, and less than fourteen feet in height.
4. Plan-There shall be filed with every application for a construction permit, a plan showing provision for any off-street parking space for loading or unloading facilities required by this chapter. There shall also be filed, therewith, written authorization for such use of any land not owned by the applicant.
5. Variances subject to appeal to Board of Appeals on all above 4 paragraphs.
SECTION VII. ADMINISTRATION.
*1a. Enforcement-This by-law shall be enforced by the Inspector of Buildings. He shall issue no permit for the erection or alteration of any building, or part thereof, plans and specifications and intended use of which are not in all respects in conformity with the provisions of this by-law. All applications for building permits shall, if required by the Building Inspector, be accompanied by a plot plan in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the street or streets upon which it abuts, the size and location of building or buildings to be erected or altered. A careful record of such applications and plots shall be kept in the office of the Building Inspector. Deviation from the
109
terms and dimensions shown on the plot, within the scope of the building laws, shall be recorded in the office of the Building Inspector. (Approved June 19, 1942.)
*1b. If the Inspector of Buildings shall be informed, or have reason to believe that any provision of this by-law has been, is being or may be violated, he may make or cause to be made an investigation of the facts and inspect the property where the violation may exist. If he shall find any such violation he shall give notice thereof in writing to the owner or to his duly authorized agent and to the occupant of the premises and order that any use of any building contrary to the provisions of this by-law immediately cease
*1c. If, after such notice, the premises are continued to be used in a manner contrary to the provisions of this by-law or if any such owner or occupant shall fail to obey any lawful order of the Inspector of Build- ings in respect to any violation or use contrary to the provisions of this by-law, the Inspector of Buildings shall make a written report of the facts to the Town Counsel, who shall institute such court proceedings, either civil or criminal, as the facts shall in his opinion warrant.
*2. Certification of Occupancy-No premises, and no building or part thereof hereafter erected or altered wholly or partly in use or structure or the open spaces pertaining to which are in any way reduced, shall be used until the Building Inspector shall have certified on the building permit or, in case no permit is issued shall have issued a certificate of occupancy, specifying the use to which the premises, or the building upon being sufficiently completed to comply with the provisions and regulations relating thereto, may be put.
3. Board of Zoning Appeals-The Board of Zoning Appeals shall con- sist of three permanent members and three associate members; and shall include one member who shall be the Town Engineer and an associate member who shall be a registered civil or structural engineer; one member and one associate member who are practicing attorneys; one member and one associate member who are residents of the Town; all members and associate members shall be voters of the Town of Weymouth; members shall be appointed as provided under Section 14 of Chapter 40A of the General Laws and amendments thereto and 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, and conserving property values; that it shall permit no building or use injuri- ous, noxious, offensive, or detrimental to a neighborhood, and that it shall prescribe appropriate conditions and safeguards in each case.
Members of the Board and the Clerk who may be a Town employee shall receive $10.00 for each meeting of the Board attended by them, payable from the appropriation of the Building Department.
*3a. Any application for hearing before the Board of Zoning Appeals under this by-law shall be accompanied by a fee of twenty dollars ($20.00) paid by the applicant, to apply to the cost of advertising and mailing of notices.
*4. Penalty-Any person violating any of the provisions of this by-law shall be fined not more than twenty dollars for each offense. Each day that willful violation continues shall constitute a separate offense.
110
*5. Other Regulations-This by-law shall not interfere with or annul any by-law, rule, regulation or permit, provided that unless specifically excepted, where this by-law is more stringent it shall control.
*6. Validity-The invalidity of any section or provision of this by-law shall not invalidate any other section or provision hereof.
So much of this by-law as is approved by the Attorney General shall take effect upon its publication as required by law.
All of these Zoning By-Laws subject to appeal in accordance with Chapter 40A of the General Laws and amendments thereto.
ARTICLE 3. (On Petition of the By-Law Committee.) To see if the Town will vote to amend its present Zoning Map, Article X of the Town By-Laws by amending Articles 8, 9, 10, 11, 12 and 13 of the Special Town Meeting on April 29, 1957 and Article 48 of the Annual Town Meeting March 3-5, 1959 from Industrial to Limited Industrial-A and Limited Industrial-B as shown on a Zoning Map of the Town of Weymouth revised to May 1, 1959.
ARTICLE 4. (On Petition of the By-Law Committee.) To see if the Town will vote to amend the Building Code (By-Laws) by striking out the first paragraph of Section 724, to wit:
"A Board of Appeals f three members is hereby created consisting of one member of the Board of Selectmen appointed by the Board, which shall also designate the Chairman, the Town Counsel and the Town Engineer. In the case of the absence or disability of any member of the Board, he shall designate some person to take his place, who, in the case of the Selectmen, shall be a member of the Board of Selectmen, in the case of the Town Engineer some citizen of the Town of engineering experience; and in the case of the Town Counsel some citizen of the Town who is a member of the bar. Three members of the Board shall constitute a quorum. Members of the Board and the Clerk, who may be a Town employee, shall receive five ($5.00) for each meeting of the Board attended by them payable from the appropriation for the Building Department."
and inserting in place thereof the following:
"The Board of Appeals shall consist of three permanent members and three associate members; and shall include one member who shall be the Town Engineer and an associate member who shall be a registered civil or structural engineer, one member and one associate member who are practicing attorneys, one member and one associate members shall be voters of the Town of Weymouth; members shall be appointed as provided under Section 14 of Chapter 40A of the General Laws and amendments thereto and 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, and conserving property values; that it shall permit no build- ing or use injurious, noxious, offensive, or detrimental to a neighbor- hood, and that it shall prescribe appropriate conditions and safeguards in each case. The Board of Appeals consisting of three members and associate members is hereby created who shall be the Board of Appeal under the zoning by-law.
111
Members of the Board and the Clerk who may be a Town employee shall receive $10.00 for each meeting of the Board attended by them; payable from the appropriation of the Building Department."
Striking out Paragraph 3, Section 724, to wit:
"All appeals shall be accompanied by a fee of five dollars ($5.00) paid to the Board for the use of the Town."
and inserting the following thereof:
"All appeals shall be accompanied by a fee of twenty dollars ($20.00).
ARTICLE 5. (By Direction of the Board of Selectmen.) To amend Section 632 of the Town By-Laws by adding to the last sentence of para- graph 3 of said section the following words: "or Town of Weymouth Work- men's Compensation Agent," so that the last sentence will read as follows: "The record in a sealed container shall be deposited with the Retirement Board for safe-keeping, the contents subject to future reference only by a physician designated by the Selectmen, Retirement Board, School Com- mittee or Town of Weymouth Workmen's Compensation Agent."
ARTICLE 6. (At Request of School Committee.) To see what sum of money the Town will vote to raise by taxation or otherwise, and ap- propriate for the construction of a walkway on an existing right of way from the Thomas V. Nash, Jr. School grounds to Rockcroft Road, a dis- tance of about 375 feet, or take any other action in relation thereto.
ARTICLE 7. (At Request of Green Street School Building Committee.) To see what action the Town will take to name the Green Street School.
ARTICLE 8. (By Direction of Selectmen.) To see if the Town will reconsider its vote on Article 34 of the 1959 Annual Town Meeting whereby it voted to postpone action until the "next Annual Town Meeting." (Public Works Garage.)
ARTICLE 9. (At Request of Public Works Garage Building Com- mittee.) To see what sum of money the Town will raise and/or borrow for the construction of a Public Works Building on land purchased on Winter Street for this purpose, or take any other action in relation thereto.
ARTICLE 10. (At Request of Board of Public Works.) To see what action the Town will take to acquire by gift, purchase or take by eminent domain approximately 11.2 acres of land located off Winter Street for the purpose of developing an emergency water supply, and to acquire the necessary 50 foot roadway to Winter Street all as shown on a plan by the Town Engineer entitled "Plan of Land for Well Location for Water Supply", and filed with the Town Clerk, or take any other action in rela- tion thereto.
ARTICLE 11. (At Request of Board of Public Works.) To see what sum of money the Town will raise and appropriate for the development and construction of additional well fields, including wells, pumping station, pipes and original pumping station equipment for the purpose of an emer- gency water supply; and, further, that said sum shall include the installa- tion of a pipe line from the well to Winter Street, all to be located on lands and roadways acquired under Article 10 of this Town Meeting as
112
located on Plan by Town Engineer entitled "Plan of Land for Well Loca- tion for Water Supply," or take any other action in relation thereto.
ARTICLE 12. (At Request of Wessagusset Beach Committee and Board of Public Works.) To see what sum of money the Town will vote to raise by taxation or otherwise and appropriate for the purpose of ac- quiring by gift, purchase or take by right of eminent domain in fee, Lot 14, Block 22; Lot 3, Block 23; Lot 1, Block 24, and part of Lot 18, Block 26, containing about 525,335 square feet (12 acres) as shown on Sheets 4, 5 and 7 of the Atlas of the Town of Weymouth dated January 1, 1958, as a site for a municipal parking area for Wessagusset Beach, or take any other action in relation thereto.
ARTICLE 13. (By Direction of Selectmen.) To see if the Town will instruct the Board of Public Works to prepare plans for land takings, widening and alterations to Ocean Avenue and Wessagusset Road from Sea Street to Pilgrim Road, and to submit plans and estimates at the next Annual Town Meeting, or take any other action in relation thereto.
ARTICLE 14. (By Direction of Selectmen.) Article 19 of the Annual Town Meeting reopened to Special Town Meeting by vote of Meeting. To see if the Town will assume liability in the manner provided by Section 29 of Chapter 91 of the General Laws, as amended by Chapters 516 and 524, Acts of 1950, for all damages that may be incurred by work to be performed by the Department of Public Works of Massachusetts for the improvement, development, maintenance and protection of tidal and non- tidal rivers and streams, harbors, tidewaters, fore-shores and shores along a public beach outside of Boston Harbor, including the Merrimack and Connecticut River, in accordance with Section 11 of Chapter 91 of the General Laws, and authorize the Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth, or take any other action in relation thereto.
ARTICLE 15. (At Request of Park Commission.) To see if the Town will vote to rescind the action taken under the substitute motions to Article 33 in the Annual Town Meeting of March 1959, or take any other action in relation thereto. (Transfer of land from Park Department to Trustees of Tufts Library and appointing of Committee in re legislation to carry out this transfer.)
ARTICLE 16. (At Request of Park Commission.) To see if the Town will vote to instruct the Moderator to appoint a committee of five, con- sisting of at least one member of the Trustees of Tufts Library and at least one member of the Park Commission, to study the question of a loca- tion for a new library building and parking facilities, or take any other action in relation thereto.
ARTICLE 17. (At Request of Park Commission and Theron I. Cain.) To see if the Town will vote to establish a committee to study the present and future needs of the Town for park, playground or other recreational sites, or take any other action in relation thereto.
ARTICLE 18. (At Request of the Committee for Housing of Housing of Elderly Persons of Low Income.) To see whether the Town will ap- prove the construction of a new housing project by the Weymouth Housing Authority, namely a housing project for elderly persons, pursuant to the provisions of Chapter 667 of Massachusetts Acts of 1954 and Acts in amendment thereof, or take any other action in relation thereto
113
ARTICLE 19. (By Direction of Selectmen.) To see if the Town will appropriate an additional sum for the Visiting Nurses' Association, or take any other action in relation thereto.
ARTICLE 20. (By Direction of Selectmen.) To see if the Town will authorize the Board of Selectmen to lease the Herring Run for a period of more than one year, or take any other action in relation thereto.
ARTICLE 21. (By Direction of Selectmen.) To see if the Town will appropriate a sum sufficient to pay an additional sum to the 1959 census takers, or take any other action in relation thereto.
ARTICLE 22. (By Direction of Selectmen.) To see if the Town will appropriate a sum sufficient to recompense David F. Adamson for payment of a tax possession property known as Lot 2, Block 574, Sheet 51, or take any other action in relation thereto.
ARTICLE 23. (By Direction of Selectmen.) To see if the Town will appropriate a sum of money for the purpose of installing a new heating system in the Town Hall, or take any other action in relation thereto.
ARTICLE 24. (At Request of Town History Committee.) To see if the Town will vote to raise and appropriate the sum of $2,500.00 to be expended under the direction of the Town History Committee, for the purpose of hiring a qualified person to compile a manuscript of our Town history, or take any other action in relation thereto.
ARTICLE 25. (At Request of Antonio G. Nicastro and By Direction of Selectmen.) To see if the Town will vote to abandon that portion of Middle Street described otherwise as "Old Middle Street," shown on Sheet 37 of the Town Atlas for the year 1959, running approximately from num- ber 1040 Middle Street to 1070 Middle Street, which portion is no longer used as a part of the traveled way, or take any other action in relation thereto.
You are directed to serve this Warrant by posting a true copy thereof, attested by you in writing, in each of two public places in each voting precinct in said Town, seven days at least before the date of holding said meeting.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.