USA > Massachusetts > Plymouth County > Duxbury > Town annual report of the officers and committees of the town of Duxbury Massachusetts for the year ending 1960 > Part 16
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Vote: Yes 194; No 23.
Under Article 45, the motion was made and seconded that the town amend the Protective By-Law by adoption of the following Section 4 as printed in the warrant with one minor change. Under C 6 which reads "The pro- vision of B8" should be changed to read "The provision of B9." An amendment was made to change, under "In- tensity of Use, B. 1, Minimum Lot Dimension, area in square feet from 15,000 to 10,000, frontage in feet to remain 100, depth in feet from 100 to 90." This amend- ment failed.
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BUSINESS DISTRICT USES (Section 4 Amended 1961)
In a business district no building shall be erected or altered and no building, premises or land shall be used for any purpose injurious or offensive to the neighborhood by reason of the emission of odor, fumes, dust, smoke, vibration or noise. Pursuant to these conditions, the fol- lowing uses shall be permitted :
A. Any use permitted in Section 3 for Residence Dis- trict Uses. The same conditions prescribed in Section 3 (i) as to special permits for exceptions shall apply relative to both use and manner of use.
B. The uses listed below shall be permitted after ap- proval by the Board of Appeals of a site plan in instances where the outdoor parking of more than three (3) vehicles is required or proposed; or off-street loading space is required.
1. Store, showroom or salesroom for the conduct of the following retail business uses :
a. The sale of food items including confectionery, dairy products, fruits, vegetables, groceries and meats. The sale of baked goods and the manufac- ture of same for sale.
b. The sale of dry goods, variety merchandise and handicraft work.
c. The sale of clothing and clothing accessories.
d. The sale of hardware, household items including appliances, furniture, furnishings and supplies.
e. The sale of printed matter, drugs, stationery and photographic supplies.
f. The sale of items clearly similar to those per- mitted above.
1
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2. Business and professional offices: real estate, insurance and general business offices ; the offices of archi- tectural, dental, engineering, legal, medical and other recognized professions ; banks, telephone offices, medical and dental clinics, mortuaries and funeral homes.
3. Restaurants and other places for the serving of food or beverages inside the building at tables or coun- ters ; public or private clubs.
4. Service Establishments : Barber and beauty shops laundry agencies; self-service laundries; shoe and hat repair, bicycle and household appliance repair; dress- making; dry cleaning, pressing or tailoring shops in which no work is done on the premises for retail outlets elsewhere.
5. Shop of an electrician, painter, paper hanger, plumber, upholsterer, carpenter or cabinet maker, pro- vided the operation is free of noise, dust, fumes, smoke or soot.
6. The following additional uses :
a. Nurseries, truck gardens, farms, greenhouses.
b. Public transportation passenger stations and rights of way, passenger bus terminals.
c. Municipal buildings.
7. Retail business, service or public utility not in- volving manufacture on the premises except of products the major portion of which is to be sold at retail by the manufacturer to the consumer and provided further that not more than ten operators shall be employed in such manufacture. Such retail business may include sales at wholesale, provided that the physical incidents occurring on the premises of such wholesale transactions are of substantially the same character as the physical incidents
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of its sales at retail direct to the consumer, and provided further that the major portion in number of its sales shall continue to be sales at retail.
8. A single family dwelling unit may be incorporated in a business building above the ground floor.
9. Only such signs as advertise goods and services offered by an occupant of the premises.
C. For the uses listed below a special permit for exception is required from the Board of Appeals prior to the issuance of a building permit. There shall be sub- mitted with application for permit a site plan as required in B above in instances where the outdoor parking of more than three (3) vehicles is required or proposed.
1. Automobile sales and service; Automobile sales; outdoor automobile sales display ; service stations; repair and storage garage, provided that washing, lubricating and major repairing of motor vehicles are performed inside of enclosed buildings and that all dispensing of fuels, lubricants and fluids is done entirely on the proper- ty of the station or garage; parking lot for passenger automobiles. Auto dismantling and junk operations are expressly prohibited.
2. Boats, sales, service, outdoor business display and storage. Provided that major repair of engines shall be performed inside of enclosed buildings, and that all dis- pensing of fuels, lubricants and fluids is done entirely on the property of the business.
3. The sale of building materials.
4. Light manufacturing, fabricating and processing, research and development activities under conditions that do not produce characteristics generally accepted as ob- jectionable, such as noise, fumes, dust, smoke or soot.
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5. Hotels, motels and similar facilities for guest accommodations.
6. The provisions of B 9 above relative to signs and outdoor displays shall apply to uses permitted herein by the Board of Appeals.
INTENSITY OF USE-Height, Area, Yard and Coverage Requirements.
A. Business uses : A building structure or open air use hereafter erected or commenced in a Business District shall be located on a lot and in such position to have not less than the minimum requirements set forth as follows :
In residence districts, all non-residential uses per- mitted therein shall be located on lots that conform to the minimum standards set forth for residential uses in the district in which the lot is located.
B. Special Requirements :
1. Lot area, frontage and depth.
BUSINESS
Minimum Lot Dimension
Minimum Yard Dimension
Maximum Per-Cent of Lot
Max. Height of Buildings
area in frontage depth
front side rear
No. of
sq. ft.
in ft.
in ft.
ft.
ft.
ft.
stories
15,000
100
100
10
no limits
21%
Covered by Buildings 25
New or existing residential structures, the minimum requirements when applicable shall be those of the Single Residence District.
a. In the case of lots in the business district, which lots are non-conforming as to area and frontage but were recorded or registered prior to the adop- tion of the By-Law provisions that made said lots non-conforming, such lots may be built upon and
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used in conformity with the use provisions of the particular district, provided there was not other land of the same owner adjoining and available for use in connection with said parcel at the time of the adoption of the By-Law provision making said parcels non-conforming. Conformity to yard, height and coverage limitations is not waived hereby.
b. In determining the area and frontage of a lot there shall not be included any land within the limits of a street upon which such lot abuts, even if the fee to such street is in the owner of the lot.
c. No lot, upon which is then located any building or with respect to which a permit has been issued and is then outstanding for the erection of any building, shall be sub-divided or reduced in area in any manner unless said lot shall thereafter be of sufficient area and width to meet the require- ments of this By-Law at the time of such reduc- tion and unless such lot so altered, and any building or buildings thereon, shall meet all the other re- quirements of this By-Law. If land be subdivided, conveyed, devised or otherwise transferred in violation hereof, no building or other permit shall be issued with reference to any of the land so transferred or to the lot (s) retained until all of such land and lots meets the requirement of this By-Law. Any land taken by eminent domain or conveyed for a public purpose for which the land could have been or was taken by eminent domain shall not be deemed to be transferred in violation of the provisions hereof.
d. When a lot in one ownership is situated so that a part of it is in the Town of Duxbury and a part
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in an adjacent town or city, the provisions, regu- lations, and restrictions of the By-Law shall be applied to that portion of such lot as lies in the Town of Duxbury in the same manner as if the entire lot were situated therein, i.e., the entire area and frontage shall be considered in determin- ing conformity to dimensional requirements herein. The use of the portion of the lot in the Town of Duxbury shall conform to the provisions herein.
2. Yard, height and coverage.
a. Front yard dimensions shall be measured from the right of way line of the way giving legal access to any lot where a plan of the way is on file with the Registry of Deeds or, in the absence of such a plan, from a line twenty (20) feet from and parallel with the center line of the traveled way. Where present buildings on adjoining lots are less than forty (40) feet from the way line, new buildings may be placed as near the way line as the average of the buildings on said adjoining lots. A vacant lot shall, for this purpose, be treated as though occupied by a building set back forty (40) feet.
b. The limitations of height in feet shall not apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses and other accessory structural features usually carried above roofs, nor to domes, towers, or spires of churches or other buildings provided such features are in no way used for living pur- poses, and further provided that no such structural feature of any building shall exceed a height of sixty-five (65) feet from the ground except by spe- cial permit for exception by the Board of Appeals.
c. In Business Districts any yard space or area re- quired to be kept open and unbuilt upon may
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nevertheless be used for off street automobile parking, if otherwise lawful, except that a strip not less than ten (10) feet wide on which to grow grass, bushes, flowers or trees shall be maintained open, unpaved and not parked upon along each side and rear property line of such a lot wherever it abuts a residential district.
d. In a business district no accessory building or structure shall be located within the required front yard area. Accessory structures may be appended to the principal building or to another accessory building.
e. No lot, yard, court or other open space already having less than the minimums required in these by-laws shall be further divided or reduced.
f. Projections. Nothing herein shall prevent the projection of steps, stoops not exceeding thirty (30) square feet in area, eaves, cornices, window sills, or belt courses into any required yard.
GENERAL REGULATIONS
A. Minimum off-street parking and loading re- quirements.
1. In a business district off-street parking space shall be provided in connection with the original erection or increase by units or dimensions of any building or structure in the following amounts :
a. For residential uses, two parking spaces for each family housed on the lot.
b. For general retail business, commercial and per- sonal service establishments, parking facilities on the basis of (1) parking space per 70 square feet of floor area, exclusive of basement storage space
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or other space not used for business purposes. In addition to this amount, one (1) space for each two (2) employees shall be provided.
c. For office, professional or public buildings having a floor area of over 2,000 square feet exclusive of basement, one off-street parking space for each 200 square feet of ground floor area not used for bulk storage and one (1) parking space for each 400 square feet of floor area other than the ground floor.
d. For restaurants, tea rooms, lunch counters, or other facilities for eating or drinking, one (1) parking space for each three (3) employees plus one (1) additional space for each four (4) patrons accommodated at tables or counters.
e. For roadside stands, filling stations, automobile repair shops or other roadside service establish- ments, one (1) parking space for each two (2) employees plus such additional spaces for cus- tomer-motorists as the Board of Appeals shall deem necessary, in order to provide a maximum of safety and a minimum of congestion on the adjacent roadways.
f. For any and all uses or structures not specifically provided for in the foregoing enumeration, such parking space as the Board of Appeals shall de- termine to be necessary, considering the activities involved, in order to provide a maximum of safety and a minimum of congestion on the adjacent roadways.
2. Whenever after the date of this By-Law, there is a charge in the lawful use of the premises or in the number of employees or business visitors or any other
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unit of measurement specified in any of the foregoing paragraphs of this Section, and whenever such change creates a need for an increase of more than 20% of the number of off-street automobile parking spaces as de- termined by the requirements of this Section, more off- street parking facilities shall have been provided on the basis of the adjusted needs, as determined by this Section. When a building or use that does not conform to these off-street parking requirements is expanded, parking space as specified shall be provided for the expansion.
3. Mixed uses : In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses, computed separately in accordance with this subsection : parking facilities for one use shall not be considered as providing the required parking facilities for any other use unless it can be clearly demonstrated that the need for parking occurs at dif- ferent times.
4. Location of facilities : Off-street automobile park- ing facilities, to the extent required in this section may be provided either on the same lot or premises with the parking-generating activity or on any lot or premises a substantial portion of which, at least, is within 200 feet of such activity.
5. Parking areas shall be used for automobile park- ing only with no sales, dead storage, repair work, dis- mantling or servicing of any kind. The required parking areas shall be permanently available for use by patrons and employees of establishments providing such space.
6. Design standards.
a. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley as well as maneuvering areas. Ac-
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cess to and from lots shall be through designated driveways with openings or curb cuts not in excess of forty (40) feet in width at exterior line of public or private way.
b. Said parking areas shall be provided and main- tained with a permanent dust-free surface, shall be provided with adequate drainage and shall have bumper guards where needed for safety.
c. If lighting is provided, the source of light shall be so arranged and shielded as to prevent direct glare from the light source into any public street or onto adjacent property.
d. Parking lots immediately adjacent to a Residence District shall be adequately screened from view from said Residence District by trees, hedges, or a tight fence.
7. Off-street loading: On the same premises with every building where goods are received or shipped, which is newly erected or increased by units or dimensions after the date of adoption of this By-Law, adequate load- ing areas shall be provided. Every part of such loading area shall be located completely off the street.
8. Construction approved prior to enactment of By- Law provision. Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently prosecuted within six (6) months of the date of such permit, and which entire building shall be com- pleted according to such plans as filed within two (2) years from the date of enactment of this By-Law.
9. Lack of required parking or loading space. A building or structure which is non-conforming as to the
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requirements for off-street parking space shall not be enlarged or altered to create additional dwelling units, or seats as in the case of places of public assembly, or floor area as in the case of commercial, industrial, busi- ness or institutional or recreational buildings, or accom- modations as in the case of hotels, motels, and tourist homes unless off-street parking is provided for such addi- tion, enlargement or alteration. A building which is non-conforming as to the requirements for off-street loading space shall not be enlarged or added to, unless off-street loading space is provided sufficient to satisfy the requirements of this By-Law for both the addition or enlargement and the original building or structure.
ADMINISTRATION
1. This By-Law shall be enforced by the Board of Selectmen, either directly or by an inspector appointed by them; and upon any well founded information as to a violation, the board shall take immediate steps to en- force this By-Law in any manner provided by law. No person shall erect or alter a building or other structure in this town without a permit from the Selectmen granted upon application made to them upon a form prescribed by them. If the Selectmen find that the construction, loca- tion and proposed use of the building or structure to which the application relates in the place specified in the application are authorized by this By-Law, they shall grant such permit; otherwise they shall refuse it. Such building permit as may be required by the building code of the Town of Duxbury shall be considered as the same as that required above.
Matter accompanying application. Each application to the Building Inspector for a building permit or a certificate of occupancy shall be accompanied by a site plan showing the location, area and dimension of the lot and all buildings, yards, and parking spaces, existing and
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proposed. Where off-street parking required by the By- Law is proposed on a lot other than the lot on which the building is located, a plan of the off-street parking area shall also be provided.
2. After the building, or part thereof, has been com- pleted, altered, enlarged or relocated, the owner or his agent shall obtain a certificate of occupancy for the pro- posed use before the same may be occupied or used.
In cases of use and occupancy of any building or structure, or part thereof, during a period of construction or alteration, the Building Inspector may issue temporary certificates for periods not exceeding six (6) months.
Applications for occupancy permits shall be filed with the applications for building permits and shall be allowed or denied in writing, (which writing shall contain the cause of the action taken), within seven (7) days after the Inspector of Buildings has been notified in writing that a construction or alteration of such building or structure has been completed.
3. Any person violating any of the provisions of this By-Law may be fined no more than $20.00 for each of- fense. Each day that such violation is permitted to exist after written notification thereof by the Building In- spector shall constitute a separate offense.
The original motion was then voted. Vote: Yes 192; No 0.
Under Article 46, which reads "To see if the Town will vote to amend its Protective By-Law in the following particulars :
To change from a residence district to a business district two certain parcels of land shown as Lot T 14 B and Lot S 26 on the Assesors' Map of Dux- bury, said lots being located at the junction of Chest-
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nut Street and Tremont Street (Route 3A) ; and by changing and amending accordingly the map entitled "Map of Town of Duxbury, Massachusetts, to Accom- pany Protective By-Law," dated January, 1944. By Petition."
Voted down by a vote of No 137; Yes 27.
Under Article 47, it was moved and seconded that the Town authorize the Selectmen to purchase a certain parcel or parcels of land located on the Easterly side of Chandler Street, being Lots 38 and 44 of Block I of the Duxbury Assessors' Map, for future Town use such as schools, fire station, playground and/or other town needs, and raise and appropriate the sum of $30,000.00 for this purpose. An amendment was made to raise the $30,000. by borrowing $26,500. to be repaid in 10 equal annual payments and the balance of $3,500.00 to be transferred from available funds. This amendment failed. The orig- inal motion was then voted in favor. Vote : Yes 152, No 16. The Finance Committee stated that they wished to be re- corded as being opposed to the vote as passed.
Under Article 48, it was voted unanimously to accept the provisions of Chapter 647 of the Acts of 1960, which provides for increasing the amounts of pension and re- tirement allowances payable to certain former public employees.
Under Article 49, it was voted to raise and appro- priate the sum of $5,800.00 for the purpose of purchas- ing a heavy duty truck for the Highway Department.
Under Article 50, it was voted to raise and appro- priate the sum of $3,000.00 for the purpose of adding garage space for the Police Department cruising cars.
Under Article 51, it was moved and seconded that the Town authorize the Selectmen to purchase a certain
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parcel or parcels of land located on the westerly side of Depot Street, being lot 45B on Block S of the Duxbury Assessors' Map, containing approximately 3 acres, for future town use such as a fire station, police station and/or other Town use and raise and appropriate $28,000.00 for this purpose. An amendment was made to substitute "take $28,000.00 from the available funds in the Treasury" rather than "raise and appropriate" such an amount. This amendment was voted in favor- Vote: Yes 93, No 27. The original motion as amended was then voted down. Vote: No 110; Yes 39.
Under Article 52, it was moved and seconded that in view of the expressed needs for additional land for future Town purposes the Moderator be authorized to appoint a "Site Committee" of five to consider acquisi- tion of all or part of the property described in this Ar- ticle (being Lots 145A and 148A on Block S of the Dux- bury Assessors' Map) and in other areas recommended by the Planning Board; to determine prices at which such properties might be acquired; and to make specific recommendations as to the acquisition of such properties to the Town not later than the next Annual Town Meet- ing, and that the sum of $200.00 be raised and appro- priated for these purposes. This Committee shall be made up of two (2) members from the Planning Board, one (1) member from the School Committee, one (1) member from the Finance Committee and one (1) mem- ber at large. An amendment to this motion was made and seconded that the Town authorize the Selectmen to take by Eminent Domain as provided by Chapter 79 of the General Laws, certain parcels of land, containing about 114 acres on the easterly side of Washington Street, being parcels of land shown as Lots 145-A, 148-A, 146-B on Block S of the Duxbury Assesors' Map, for use as a parking lot and access route to the shore line, and raise
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and appropriate $12,000.00 for this purpose. This amend- ment was voted down by a vote of No 83, Yes 42. The original motion was then voted favorably.
Under Article 53, it was voted to raise and appro- priate the sum of $3,000.00 for the purpose of repairing the sidewalks at Hall's Corner.
Under Article 54, it was voted to accept the pro- posal of the members of the Class of 1961 and name the new Junior-Senior High School gymnasium after a man who gave outstanding service and loyalty to the Town of Duxbury and its children. The Class of 1960 proposes that the new gymnasium be named the "T. Waldo Her- rick Memorial Gymnasium."
The registered voters were checked on the voting list, showing 486 names checked-278 Males and 208 Females.
Total appropriations $1,322,751.67 (raised by taxa- tion).
Meeting adjourned at 9:00 P.M.
Respectfully submitted,
MAURICE H. SHIRLEY
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TOWN OF DUXBURY ANNUAL TOWN ELECTION March 18, 1961
The polls were opened at 8:00 A.M. and closed at 8:00 P.M.
The ballot box, after the Absentee ballots were de- posited, indicated 1,417, 60 being Absentee ballots, and 1,417 were taken from the ballot box.
Votes
SELECTMAN - For Three Years
James H. W. Jenner 1,300
Scattered 2
Blanks 115
And James H. W. Jenner was declared elected.
ASSESSOR - For Three Years
James H. W. Jenner
1,289
Scattered 1
Blanks 137
And James H. W. Jenner was declared elected.
MODERATOR - For One Year
Bartlett B. Bradley
1,314
Blanks 103
And Bartlett B. Bradley was declared elected.
MEMBER OF THE BOARD
OF PUBLIC WELFARE - For Three Years Howard M. Clark 1,239
Paul N. Swanson 1,268
Blanks 327
And Howard M. Clark and Paul N. Swanson were declared elected.
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SCHOOL COMMITTEE - For Three Years
John Anson Brock, Jr. 176
Francis C. Rogerson, Jr. 548
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