USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1959 > Part 12
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7. Building height limits: No buiding, including accessory build- ings, shall be erected to a height in excess of two stories or thirty-five feet.
8. Yards required: Buildings shall be not less than forty feet from any street line and fifty feet from any side property line.
9. Variances subject to appeal to Board of Appeals on all above 3 paragraphs.
SECTION IV-B-LIMITED INDUSTRIAL DISTRICTS-B
Within any limited industrial district-B, no buildings, structure, or land shall be used for residential purposes and no buildings shall be erected or altered, except for the following uses:
1. Business and professional offices and office buildings.
2. Research, experimental and testing laboratories; subject, however, to license when required by the Board of Selectmen.
3. Non-residence manufacturing and manufacturing which is inci- dental to research and experimental laboratories; subject, however, to license when required by the Board of Selectmen.
4. Signs, as permitted under Item 4, Section IV-A.
REGULATIONS FOR LOT AREA, WIDTH, COVERAGE, HEIGHT LIMITS AND YARD
5. Required lot area and width: For each establishment, not less than a three acre tract; said tract having a width of not less than three hundred feet.
6. Percentage of lot coverage: All buildings, including accessory buildings, shall not cover more than twenty percent of the area of the tract. Not less than thirty thousand square feet of the tract shall con- sist of landscaped area.
7. Building height limits: No building, including accessory build- ings, shall be erected to a height in excess of three stories, or fifty feet.
8. Yards required: Buildings shall be not less than one hundred feet from any street line and sixty feet from any property line.
9. Accessory off-street parking: Open or enclosed, shielded from view from abutting streets with an appropriate planting strip of not less than one hundred (100) 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 not owned by the applicant.
10. Variances subject to appeal to Board of Appeals, on all above 9 paragraphs.
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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 aodpted may be continued although such building or use does not conform to the provisions thereof, and such build- ing 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.
*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 causes 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 build- ing laws. The use of land for any purpose other than those specifically provided 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, whichever is the less.
*2. Side Yards-In a residence district no building except a one- story building of accessory 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 re- quired but such, that less than twenty-four feet of the width of the lot may be built upon. In a business or industrial district no dweling 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
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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 build- ing 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 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) 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 a 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 sub-division 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 appro- priate 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 dero- gating from the intent or 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.
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The limitation of height in feet shall not apply to chimneys, venti- lators, skylights, tanks, penthouses, or other accessory features usually carried above roofs, nor 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.)
10. Variances subject to appeal to Board of Appeals on all above 9 paragraphs.
SECTION VI-A OFF-STREET MOTOR VEHICLE PARKING- LOADING AND UNLOADING FACILITIES
1. Residences and Motels-For every single family dwelling, two fam- ily dwelling, duplex house, multi-family dwelling, apartment house, mo- tel, tourist home, boarding house and lodging house, there shall be pro- vided 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 assem- bly, 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 ve- hicle for each two-hundred square feet of floor area used for such pur- poses.
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 Build- ing Inspector, be accompanied by a plot plan in duplicate drawn to scale,
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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 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 & 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 per- mit or, in case no permit is issued, shall have issued a certificate of oc- cupancy, 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 with- in 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 con- serving property values; that it shall permit no building or use injuriou-, 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, pay- able 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.
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*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.
*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 thereof.
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.
MOVED by Mr. Heffernan, Chairman of the Planning Board:
That the Town vote to adopt Article 2 in toto.
Discussion ensued involving Mr. Heffernan, Chairman of the Planning Board; Mr. Newton, Secretary of the Appropriation Committee; Mr. Chis- holm, Building Inspector; Mr. Nover, Chairman of the Board of Public Works; Mr. Cleaves; Mr. Hunt; Mr. Callahan of the Board of Selectmen; and Mr. Amabile of the Board of Selectmen.
In view of the discussion the Moderator ruled that a separate vote would be taken on Section VII, Administration, 3, Board of Zoning Appeals.
MOVED by Mr. Heffernan, Chairman of the Planning Committee:
That the Town vote to adopt Section VII, Administration. 3, Board of Zoning Appeals, under Article 2.
The Moderator ordered a teller count. Vote and count were taken and the tellers reported 111 votes in the affirmative and 37 votes in the negative. The Moderator then declared the motion
SO VOTED
Comes now the question on the motion by Mr. Heffernan, Chairman of the Planning Board;
That the Town vote to adopt Article 2 in toto.
The Moderator ordered a teller count. Vote and count were taken and the tellers reported 153 votes in the affirmative and 3 votes in the nega- tive. The Moderator then declared the motion
SO VOTED
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 In- dustrial-B, as shown on a Zoning Map of the Town of Weymouth revised to May 1, 1959.
MOVED by Mr. Heffernan, Chairman of the Planning Board:
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That the Town vote to adopt Article 3.
Mr. Newton, Secretary of the Appropriation Committee, spoke on the motion.
Comes now the question on the motion by Mr. Heffernan, Chairman of the Planning Board.
UNANIMOUSLY VOTED
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 Appeal consisting of three members is hereby created consisting of one member of the Board of Selectmen appointed by the Board, which shall also designate the Chair- main, 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 quo- rum. 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 mem- bers and three associate members; and shall include one mem- ber who shall be the Town Engineer and an associate mem- ber who shall be a registered civil or structural engineer, one member and one associate member who are practicing attor- neys, 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 pre- scribed 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 injurious, nox- ious, offensive, or detrimental to a neighborhood, 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.
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:
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"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)."
MOVED by the Appropriation Committee:
That the Town so vote to amend Section 724 of the Building Code.
Discussion ensued involving Mr. Newton, Secretary of the Appropria- tion Committee; the Moderator; Mr. Chisholm, Building Inspector; Mr. Gunn, Mr. Hollis, and Mr. W. O'Donnell.
Comes now the question on the motion by the Appropriation Com- mittee.
UNANIMOUSLY VOTED
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 Workmen'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 refer- ence only by a physician designated by the Selectmen, Retirement Board, School Committee or Town of Weymouth Workmen's Compensation Agent.
Upon motion duly made by the Appropriation Committee. it was
UNANIMOUSLY VOTED: That the Town so vote to amend Section
632 of the Town By-Laws.
The Moderator then made the following statement: "At this time the Chair would like to pay particular tribute to Mr. Chisholm, our Building Inspector, who served on this By-Laws Committee and did so much work on the Zoning By-Laws; Mr. Nover, the Chairman of that Committee; Mr. Bilodeau, our Superintendent of Public Works; and one of the oldest members of this Committee, and a man who has known Zoning Laws in this Town very well, Mr. Alfred Sheehy; and, by the way, I should also mention the Town Clerk, who did all the work as far as the typing is concerned."
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 distance of about 375 feet, or take any other action in relation thereto.
Upon motion duly made by the Appropriation Committee. it was
UNANIMOUSLY VOTED: That the subject matter of this Article be referred to the Shaw and Centre School Replacement Committee for appropriate action.
ARTICLE 7. (At Request of Green Street School Building Com- mittee.) To see what action the Town will take to name the Green Street School.
MOVED by Mr. Fryer of the Board of Selectmen:
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That the Green Street School be named the Walter S. Gagnon School. Mr. Tirrell spoke on the motion.
MOVED the following substitute motion by Mr. Lane:
That the Moderator appoint a committee of three to come in at the next Town Meeting to present a name for this school.
Mr. Amabile of the Board of Selectmen spoke on the motion.
Comes now the question on the substitute motion by Mr. Lane. SO VOTED.
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.)
Upon motion duly made by the Appropriation Committee. it was
SO VOTED: That the vote on Article 34 of the 1959 Annual Town Meeting be rescinded.
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.
MOVED by the Appropriation Committee:
That the sum of $13,347.00 be appropriated from the Excess and De- ficiency Account for the purpose of preparing complete plans and specifi- cations in order that the bids may be secured for the construction of a Public Works Building on land purchased for this purpose on Winter Street; said sum to be expended by the Public Works Garage Building Committee.
$13,347.00
Discussion ensued involving Mr. Nover, Chairman of the Board of Public Works; Mr. W. O'Donnell, Mr. Nolan, Mr. Fryer of the Board of Selectmen; Mr. Newton, Secretary of the Appropriation Committee; Mr. Allison, and Mr. Callahan of the Board of Selectmen.
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