USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1959 > Part 11
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Hereof fail not, and make due return of the Warrant with your doings thereon to the Town Clerk of said Town on or before the third day of June in the year of our Lord nineteen hundred and fifty-nine.
Given under our hands and seals this 18th day of May in the year of our Lord nineteen hundred and fifty-nine.
FRANKLIN FRYER, Chairman RALPH J. AMABILE, JR., Clerk JAMES T. O'SULLIVAN ROBERT S. CARTER EVERETT E. CALLAHAN
Selectmen of Weymouth
A true copy. Attest: HARRY CHRISTENSEN, Town Clerk.
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RETURN OF SERVICE
June 3, 1959.
Norfolk, ss.
Pursuant to the within Warrant, I have this day notified and warned the inhabitants of Weymouth aforesaid qualified to vote in Town affairs to meet in the hall of the Weymouth High School at the time set forth in said Warrant, by posting true and attested copies of the same in two public places in each voting Precinct in said Town, seven days before the time of holding said meeting.
NORMAN F. KEITH, Constable of Weymouth.
Received and filed in the Office of the Town Clerk, June 3, 1959, at 1:05 P.M.
HARRY CHRISTENSEN Town Clerk
A true copy. Attest: HARRY CHRISTENSEN, Town Clerk. 1
CERTIFICATION
TO WHOM IT MAY CONCERN:
June 5, 1959.
The Warrants and Recommendations and notices of meeting for the Special Town Meeting on June 15, 1959, were mailed at the Weymouth postoffice on June 5, 1959, and I am enclosing herewith the official stamp of such mailing.
JOHN F. NEWTON, Secretary Weymouth Appropriation Committee
Official Stamp of North Weymouth Branch of Post Office June 5, 1959
A true copy. Attest: HARRY CHRISTENSEN, Town Clerk.
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TOWN OF WEYMOUTH SPECIAL TOWN MEETING MONDAY, JUNE 15, 1959
Pursuant to a Warrant duly issued, the Special Town Meeting of the inhabitants of the Town of Weymouth, represented by their duly elected and qualified Town Meeting Members, was held in the auditorium of the Weymouth High School on Monday, June 15, 1959.
The Meeting was called to order at 7:45 o'clock in the evening by the Annual Moderator, Mr. Daniel L. O'Donnell.
The Town Clerk, Mr. Harry Christensen, read the Call of the Meeting. There were 175 Town Meeting Members present.
Upon motion duly made, it was
UNANIMOUSLY VOTED: That the reading of the Articles in the Warrant be suspended.
Prayer for Divine Guidance at this Special Town Meeting was offered by the Rev. Fr. John F. Welsh, Pastor of the Immaculate Conception R. C. Church, East Weymouth.
Town Meeting Members, not previously sworn, were administered the oath by the Moderator.
The Moderator appointed and administered the oath to the follow- ing tellers to serve during the course of the Meeting.
1st Division Mr. Gauley
2nd Division Mr. Almquist
3rd Division Mr. Lovell
The Moderator declared a quorum present.
We now continue with consideration of the Articles in the Warrent.
ARTICLE 1. (By Direction of Selectmen). To see if the Town will ratify and confirm the vote under Article 9 of the Annual Town Meet- ing of 1959 :- That the sum of $250,000.00 be raised and appropriated to the Board of Public Works for the reconstruction or widening of Front Street, Green Street, Broad Street and East Street, and other streets or portions of streets, including sidewalks and curbing to the ex- tent permited by General Laws, Chapter 44, Section 7, Clause 5; land damages and the cost of pavement laid at the time of said construction or widening, and the construction of permanent pavement in connection with such reconstruction or widening under specifications approved by the Department of Public Works; and that the Board of Selectmen be authorized to accept any deeds or any reservation strips in connection, with said streets and to acquire by gift, or purchase or take by Right of Eminent Domain for all purposes of public streets or highways such as may be necessary; and to meet said appropriation $50.000.00 shall be raised and appropriated from Tax Levy; and the Treasurer with the approval of the Board of Selectmen, is hereby authorized to borrow the sum of $200,000.00 and to issue bonds or notes under clause (5) of Section 7 of Chapter 44 of the General Laws as amended. payable in accordance with said Chapter 44 in not more than 10 years from their
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respective dates; provided, that any and all construction may be done under the provisions of Chapter 90 of the General Laws and that all construction shall be done by private contract under the direction of the Board of Public Works and/or the State Department of Public Works and that the streets to be constructed other than those specifically designated above are to be selected by the Board of Public Works.
MOVED by the Appropriation Committee:
That the Town vote to ratify and confirm the vote under Article 9 of the Annual Meeting of 1959.
Discussion ensued involving the Moderator, Mr. Christensen, Town Clerk; Mr. Amabile of the Board of Selectmen, Mr. Nover, Chairman of the Board of Public Works, Mr. W. O'Donnell, Mr. Lovell, and Mr. Lane.
Comes now the question on the motion by the Appropriation Com- mittee.
The Moderator ordered a teller count. Vote and count were taken and the tellers reported 151 votes in the affirmative and 7 votes in the negative. There being more than the necessary two-thirds vote in the affirmative the Moderator declared the motion by the Appropriation Com- mittee.
SO VOTED
ARTICLE 2. (On Petition of the By-Law Committee). To see if the Town will vote to amend the Article X Zoning By-Law for the Town of Weymouth by stiriking out the present Article X and inserting in place thereof the following: (It is to be understood that the foregoing article contains the entire Zoning By-Law of the Town of Weymouth. The por- tions thereof with astericks have not been amended and will not be voted on. All other portions with no asterisks are amended and must be voted on. The reasons for putting in portions of the Zoning By-Laws not amended is for the purpose of the Town Meeting Members to know what the entire Zoning By-Laws will be.)
ARTICLE X-ZONING BY-LAWS FOR THE TOWN OF WEY- MOUTH
For the purpose of promoting the health, safety, convenience, morals and welfare of its inhabitants, the Town of Weymouth, pursuant to the provisions of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, hereby amends the Zoning By-Laws Article X.
Further purposes of the amendments of this by-law are to lessen congestion in the streets; to secure safety from fire, panic and other dan- gers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to encourage the most appropriate use of land within the town.
SECTION 1-ESTABLISHMENT OF DISTRICTS
1. Classes of Districts
For the purpose of this by-law, the Town of Weymouth is hereby divided into the following classes of use districts:
(1) Residential Districts
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(2) Business Districts
(3) Limited Business Districts
(4) Industrial Districts
(5) Limited Industrial Districts (A)
(6) Limited Industrial Districts (B)
2. Establishment of Districts
Said districts are hereby established as shown, defined and bounded on the map accompanying this by-law, entitled "Zoning Map of the Town of Weymouth, revised to May 1, 1959," and on file with the Town Clerk. Said map and all explanatory matter thereon are hereby declared to be a part of this by-law. Said map is hereinafter referred to as the "Zoning Map."
*3. Lots in Two Districts
Where a district boundary lind divided a lot existing at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than thirty feet into the more restricted portion, provided the lot has frontage on a street in the less restricted district.
4. Determination of District Boundary Lines
Whenever any uncertainty exists as to the exact location of a district boundary line, the location of such a line shall be determined by the In- spector of Buildings, provided, however, that any person aggrieved by his decision may appeal to the Board of Appeals, as provided in Section VII, Item 3 of this By-Law.
SECTION 1-A-RULES OF CONSTRUCTION-MEANINGS OF CER- TAIN WORDS
Words used in the present tense include the future. Words used in the masculine gender include the feminine and neuter; and in the fem- inine or neuter the masculine. Words used in the singular number include the plural; and in the plural, the singular. "Lot" includes "plot", "occu- pied" includes "designed, arranged or intended to be occupied"; and "used" includes "designed, arranges or intended to be used."
Meanings of Certain Words and Terms-
Unless otherwise expressly stated, the following words and terms shall, for the purposes of this by-law, have the meanings herein given:
(1) Accessory Building. A subordinate building, the use of which is customarily incidental to that of a principal building.
(2) Accessory Use. The subordinate use of a building or premises for a purpose customarily incidental to a main or principal use permitted in the district in which it is located.
(3) Alteration. A change in or addition to a building which modifies its location, plan, manner of construction or the kind of materials used or in any way varies the character of its use.
(4) Attached: Connected to or united with.
(5) Boarding House. A house in which a regular service of meals is furnished to persons for renumeration.
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(6) Building. A combination of any materials, whether portable or fixed, having a roof to form a structure for the shelter of persons, animals or property. For the purpose of this definition, "roof" shall include any awning or any similar covering, whether or not permanent in nature. The word "building" shall be construed, where the context allows, as though followed by the words "or part or parts thereof."
(7) Building, existing. A building actually erected, or a building for which a construction permit has been granted, prior to the effective date of this by-law.
(8) Building, new. A building which does not come within the scope of the aforesaid definition of an existing building.
(9) Building line. The line established by law, beyond which a build- ing shall not extend, except as specifically provided by law.
(10) Business. The transacting or carrying on of a trade or com- mercial enterprise, with a view to profit or for a livelihood.
(11) Corner lot. A lot bounded on two or more sides by intersect- ing streets or ways.
(12) Duplex house. A house containing two apartments adjoining side by side; that is one in which no part of one apartment is over any part of another apartment. A duplex house shall be considered as one main building occupying one lot for the purpose of determining yard requirements.
(13) Dwelling. A building or portion thereof which is occupied as a place of abode by one or more persons, either permanently or transiently.
(14) Family. A person or group of persons of immediate kindred who live together as a single housekeeping unit under one head.
(15) Front yard. The minimum required unoccupied space or area between the street line on which the principal building faces and the parts of said building nearest to such street line, such unoccupied space or area extending the entire width or distance across the lot.
(16) Frontage. The width of a lot established at the building line.
(17) Garage, Carpot, Private. A building or structure used only for the storage of motor vehicles.
(18) Garage, public. A building, other than a private garage, avail- able to the public and operated for gain, and which is used for the storage, repair, rental, lubrication, washing, servicing, adjusting or equipping of motor vehicles.
(19) Gross floor area. The total area of all floors of a building, in- cluding basement and mezzanines, measured to the exterior walls thereof, and including partitions, stair-halls, corridors and covered porches.
(20) Half story. Any story which is under a pitched roof, where the point of intersection of the rafters and the face of the wall is less than three (3) feet above the floor level.
(21) Height of building. The vertical distance of the highest point of the roof above the mean furnished grade of the ground adjoining the
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building; excluding penthouses, bulkheads and other permitted super- structures above the roof.
(22) Hotel. A building operated by a duly licensed inn-holder.
(23) Junk. Articles such as old iron, brass, copper, tin, lead, or other base metals, cordage, old bags, rags, waste paper, paper clippings, scraps, clips, rubber, glass, empty bottles, empty cans and all other articles dis- carded and no longer used as a manufactured article composed of any one or more of the materials mentioned, but which may be converted into another produce by means of a manufacturing process of any kind.
(24) Lodging house. A house where lodgings are let to five (5) or more persons, not within the second degree of kindred to the person con- ducting it, but not including dormitories of charitable, educational or phil- anthropic institutions.
(25) Lot. The parcel of land on which a principal building and its accessory buildings are placed, together with the required open spaces.
(26) Lot Frontage. The width of a lot abutting a private way.
(27) Lot Line. The division line between adjoining properties or a division line between individual lots established by a plan filed in the Registry of Deeds or Land Court.
(28) Motel. A building consisting of two (2) or more units all con- tiguous providing lodging for the public, operated by a duly licensed inn- holder.
(29) Multi-family dwelling. A dwelling arranged, intended or de- signed to be occupied by three (3) or more families.
(30) Occupancy. Use or occupancy, character of use or designated purpose of a building, structure or land.
(31) Off-Street parking space. A space of one hundred forty-four (144) square feet in a structure or in the open for the parking of a motor vehicle on any land owned, rented or leased for Residential purposes, to be confined to side and rear yard area beyond required front yard set- back.
(32) Overnight camp or cabin. See (50)
lot.
(33) Principal building. The main or most important building on a Attached structures such as garages, greenhouses and similar units shall be considered as a integral part of the principal building.
(34) Professional engineer. A person employed in the practice of engineering as defined in Chapter 112, Section 81D of the General Laws and amendments thereto.
(35) Rear lot line. The lot line opposite the street line, except that in the case of a corner lot, the rear lot line shall be the line opposite the street line of the street on which the principal building faces.
(36) Rear yard. The minimum required space or area within the lot between the rear lot line and the parts of the principal building near- est such rear lot line.
(37) Recreational camp. See (50).
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(38) Rooming house. A house in which a business is made of rent- ing rooms.
(39) Sanatorium or Sanitarium. An establishment for the recupera- tion or treatment of invalid or convalescent persons.
(40) Service enterprise. Any enterprise conducted for profit which deals directly with and is accessible to the ultimate customer or patron and which has for its principal purpose the performance of any act for the convenience, service or benefit of such customer or patron.
(41) Setback. The minimum required distance between the street line on which the principal building faces and the parts of said building nearest to such street line, such distance extending the entire width or distance across the lot.
(42) Side lot line. The line dividing one lot from another lot.
(43) Side yard. The required unoccupied space or area within the lot between the side lot line and the parts of the principal building near- est such side lot line; and, in the case of a corner lot, the side yard fac- ing a street or way shall be the unoccupied space required for front yard.
(44) Story. That part of a building between any floor and the floor or roof next above. For the purpose of this by-law, where a building :s not divided into stories, a story shall be considered fifteen feet in height, provided that steeples, penthouses, cupolas, stage lots, etc. shall not be considered as additional stories. A basement or cellar, the ceiling of which extends more than four and one-half (41%) feet above the aver- age finished grade, shall be a story within the meanings of this by-law.
(45) Street. A way, whether public or private, used or dedicated for use for all purposes of passage, and including streets, avenues, boulevards, parkways, roads, alleys, lanes and viaducts.
(46) Street line. The dividing line between a street line established by a lot. In the case of a private way, the established line between the way and the lot.
(47) Structure. See Items 1, 6 and 7.
(48) Tourist Home. A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
(49) Trailer. An automobile trailer, trailer coach and any portable structure or vehicle so constructed and designed as to permit occupancy thereof for dwelling or sleeping purposes, to include any of the above units with a foundation thereunder.
(50) Trailer coach park, etc. Any trailer coach park, recreational camp or overnight camp or cabin licensed by the Board of Health under General Laws, Chapter 140, Sections 32A to 32K, inclusive, or under any laws in amendment thereof or in addition thereto. Trailer coach park shall not apply after acceptance of 1959 Zoning By-Law amendments.
(51) Two-family house. A house containing two apartments in which part of one apartment is over part of the other apartment.
(52) Undertaker's Establishment. A place of business, duly licensed by law for preparing the dead for burial and/or for conducting funerals.
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SECTION II. RESIDENT DISTRICT USES
In a Residence district no building or premises shall be erected, al- tered or used for any purpose except:
*1. Detached one-family dwellings;
*2. Two-family dwelling in any building containing eight or more rooms exclusive of halls and bathrooms at the time this by-law is adopted, provided such building is not enlarged;
*3. Customary home occupation carried on for gain and carried on in the residence of the occupant provided that there is no display of goods visible from the street and provided that such occupation shall not occupy more than one-third of the area of the residence or apartment and provided that such occupation shall not be carried on in an accessory building;
*4. Church;
*5. Farm, poultry farm, garden or nursery;
*6. Municipal recreational use;
*7. Accessory use on the same lot with and customarily incident to any of the above permitted uses and not detrimental to a residential neighborhood. The term "accessory use" in this section shall not include:
* (a) Garage space for or storage of more than three automo- biles unless authorized by the Board of Zoning Appeals;
* (b) Storage of more than one commercial automobile ex- cept on a farm where vehicles used in the operation cf same may be stored;
*(c) The sale of produce or plants unless the major portion thereof is raised on the premises;
(d) Signs except those pertaining to the lease, sale, or use of a lot or building on which placed, and not exceeding a total area of twelve square feet; on a lot occupied by a dwelling no advertisement; other than one sign not exceeding two square feet in area bearing the name and occupation of the occupant, may be displayed. This will apply to all residences which have not exercised their right to a sign authorized by prior by-laws.
*(e) The renting of rooms and furnishing of meals to more than four persons not members of the family of the occupant and who are not casual or transient guests;
¥ (f) Trailer or mobile units used as dwellings.
*8. Any of the following uses, or uses customarily accessory thereto, on approval of the Board of Zoning Appeals:
* (a) Alteration of a dwelling, existing at the time this by- law is adopted, for more than one family;
* (b) Cemetery;
* (c) Golf club; aviation field;
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* (d) Funeral home;
*(e) Greenhouse;
* (f) Dormitory of a charitable or philanthropio institution or hospital or other establishment for the care of the sick, aged, crippled or convalescent person;
* (g) Private club not conducted for profit and not containing more than five sleeping rooms;
* (h) Municipal use;
* (i) Riding stable; kennels;
* (j) Public utility buildings. In no case, however, can such a building be used for the general garaging or dis- patching of motor vehicles or for the storage of mater- ials for construction or maintenance purposes;
*(k) Two family dwelling provided the structure conforms to the general character and design of buildings in the immediate neighborhood.
SECTION III. BUSINESS DISTRICT USES
*In a business district no building or premises shall be erected, al- tered or used for any purpose injurious, noxious, or offensive to a neigh- borhood by reason of the emission of odor, fumes, dust, smoke, vibration, or noise or other cause or for any purpose except:
*1. Any use permitted in a residence district:
2. Dwelling, provided lot size and yard areas shall comply with the requirements for buildings and structures in resident dis- tricts. Apartment house of first or second class construction;
*3. Filling station or garage on approvel of the Board of Select- men;
*4. Lumber or coal on approval of the Board of Zoning Appeals;
*5. Municipal use;
*6. Newspaper or job printing;
*7. Office or bank;
*8. Place of amusement or assembly;
*9. Restaurant or hotel;
*10. Retail business, service, or public utility not involving manu- facture on the premises except of products, the major por- tion of which are to be sold at retail by the manufacturer to the consumer and provided further that no more than four operatives shall be employed in such manufacture.
SECTION III-A. LIMITED BUSINESS DISTRICTS
In a limited business district, no building structure, apparatus, signs or appliances shall be erected, altered, placed or set in or upon any prem-
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ises used for business purposes, within (30) feet of the street line. No occupancy or plan for occupancy of business premises shall be approved in any such limited business district, unless there is provided sufficient space for the loading and unloading of vehicles on the premises so oc- cupied.
Except as herein provided, all uses permitted in a business district shall be permitted in a limited business district.
SECTION IV. INDUSTRIAL DISTRICT USES
*1. In an industrial district no building or premises shall be erected, altered, or used for the storage or sale of junk or for any purpose injur- ious, noxious or offensive to a neighborhood by reason of the emission of odor, fumes, dust, smoke, vibration, or noise or other cause.
2. Any use which is permitted in a resident, business or limited business district. Residential use shall comply with lot size and yard areas for buildings and structures in resident districts.
3. Prohibited Uses: Acid manufacture, cement, lime and gypsum manufacture, explosive or firework manufacturers, incineration or reduc- tion of garbage, offal (excepting such processing conducted by the muni- cipality), glue manufacture, petroleum refining. Except on approval of the Board of Appeals as to paragraphs 1, 2 and 3.
SECTION IV-A. LIMITED INDUSTRIAL DISTRICTS-A
Within any Limited Industrial District-A, no building, structure or land shall be used and no building or structure shall be erected or al- tered, except for the following uses:
1. Any use, business or limited business, industrial, which is per- mitted in business and limited business and industrial districts, except dwellings and apartment houses.
2. Research, experimental and testing laboratories and manufacture which is incidental to research and experimental laboratories; subject, however, to license when required by the Board of Selectmen.
3. Accessory off-street parking, open or enclosed, shielded from view from abutting streets with an appropriate planting strip of not less than forty feet.
There shall be filed with every application for a construction permit, a plan showing provisions for any off-street parking space or loading or unloading facilities required. There shall also be filed therewith, written authorization for such use of any land now owned by the applicant.
4. Firm name signs, no larger than five feet by twenty feet, attached to or flush to the building, but no more than one to a building. Directory signs, no larger than three feet by three feet at the entrance or gates of the building. No neon directory signs allowed.
REGULATIONS FOR LOT AREA, WIDTH, COVERAGE, HEIGHT LIMITS AND YARDS
5. Required lot area and width: For each establishment, not less than eighty thousand square feet, having a width of not less than two hundred feet.
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6. Percentage of lot coverage: All buildings including accessory buildings shall not cover more than twenty percent of the area of the lot.
Not less than ten percent of the area shall consist of landscaped area.
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