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 27
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 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35
Under Article 21, it was voted to accept the following roads as laid out by the Selectmen:
Island Creek Road
Sampson Street Ford Street Evergreen Street Winslow Road
Under Article 22, it was moved and seconded that the Town amend the Protective By-Law by striking out the old Section 4. Business Uses, in its entirety and adopt- ing in its place the following Section 4 as printed in the Warrant.
-82 --
BUSINESS DISTRICT USES
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 neighbor- hood by reason of the emission of odor, fumes, dust, smoke, vibration or noise. Pursuant to these conditions, the following uses shall be permitted:
A. Any use permitted in Section 3 for Residence District Uses. The same conditions prescribed in Section 3 (i) as to special permits for exceptions shall apply rela- tive to both use and manner of use.
B. The uses listed below shall be permitted after approval by the Board of Appeals of a site plan in in- stances 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 manu- facture 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.
2. Business and professional offices: real estate, in-
-83-
surance 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 counters; public or private clubs.
4. Service Establishments: Barber and beauty shops; laundry agencies; self-service laundries; shoe and hat re- pair, bicycle and household appliance repair; dressmaking; 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 involving manufacture on the premises except of prod- ucts 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 oc- curring on the premises, of such wholesale transactions are of substantially the same character as the physical incidents of its sales at retail direct to the consumer, and
-84-
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 ex- ception is required from the Board of Appeals prior to the issuance of a building permit. There shall be submitted with the 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, lu- bricants and fluids is done entirely on the property of the station or garage; parking lot for passenger automobiles. Auto dismantling and junk operations are expressly pro- hibited.
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 ..
-85-
5. Hotels, motels and similar facilities for guest ac- commodations.
6. The provision of B 9 above relative to signs shall apply to uses permitted herein by the Board of Appeals.
INTENSITY OF USE - Height, Area, Yard and Cov- erage 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 residential 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 Dimensions
Area in Sq. Ft. 15,000
Frontage in Ft. 100
Depth in Ft. 100
Minimum Yard Dimensions
Front Ft. 10
Side Ft., rear Ft.
no limits
Maximum Height of Buildings
No. of stories 21/2
Maximum Per Cent of Lot Covered by Buildings 25
New or existing residential structures, the minimum requirements when applicable shall be those of the Single Residence District.
-86-
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 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 subdivided 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 build- ing or buildings thereon, shall meet all the other requirements of this By-Law. If land be sub- divided, conveyed, devised or otherwise trans- ferred 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 require- ments of this By-Law. Any land taken by emi- nent domain or conveyed for a public purpose for which the land could have been or was taken by
-87-
eminent domain shall not be deemed to be trans- ferred 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 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 deter- mining 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 ac- cess 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 ad- joining 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, bulk- heads, 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
ยท
-88-
used for living purposes, 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 special permit for excep- tion by the Board of Appeals.
c)
In Business Districts any yard space or area required to be kept open and unbuilt upon may 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 ap- pended 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 require- ments.
1. In a business district off-street parking space shall be provided in connection with the original erec- tion or increase by units or dimensions of any building or structure in the following amounts:
-89-
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 one (1) parking space per 70 square feet of floor area, exclusive of basement storage space or other space not used for business purposes. In addition to this amount, one (1) space for each two (2) employees shall be pro- vided.
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-
-90-
termine to be necessary, considering the activities involved, in order to provide a maximum of safety and a minimum of congestion on the ad- jacent roadways.
2. Whenever after the date of this By-Law, there is a change in the lawful use of the premises or in the num- ber of employees or business visitors or any other 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 determined by the requirements of this Section, more off-street parking facil- ities 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 re- quirements 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 sub-section: 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 different 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-
-91-
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- 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 loading 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
-92-
issued and the construction of which shall have been dili- gently 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 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, business or institutional or recreational buildings, or accommodations as in the case of hotels, motels, and tourist homes unless off-street parking is provided for such addition, enlarge- ment 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 enforce 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, location 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 per- mit; otherwise they shall refuse it. Such building permit
-93-
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 cer- tificate of occupancy shall be accompanied by a site plan showing the location, area and dimensions of the lot and all buildings, yards, and parking spaces, existing and pro- posed. Where off-street parking required by the By-Law is proposed on a lot other than the lot on which the build- ing 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 Inspec- tor shall constitute a separate offense.
(2/3 vote required)
-94-
An amendment was made to change the area in square feet, minimum lot dimensions, from 15,000 to 10,000. This amendment was defeated by a vote of No, 199; Yes, 79.
The original motion was then voted. Vote: Yes, 247; No, 7.
Under Article 23, it was voted to amend the Protec- tive By-Law in the following manner: To change from Residence District to a Business District a certain parcel of land shown as a Portion of Lots 145A and 148A on Block S of the Duxbury Assessors' Map, located on the easterly side of Washington Street, and to change the "Map of the Town of Duxbury" in accordance with this vote. Vote unanimous.
It was voted to take up Article 24 after Article 49.
Under Article 25, it was voted that the Town raise and appropriate the sum of $12,000.00 for engineering and construction costs in regard to the damage to Powder Point Bridge.
Under Article 26, it was voted to accept as a gift from Lot Phillips & Co., Corporation, a parcel of land located off the Easterly side of Chandler Street, containing ten acres, more or less, shown as Lot 40 on Block I of the Duxbury Assessors' Map, and more particularly described in a deed from John W. Cushing and Ella F. Stoddard to Lot Phillips & Co., Corporation, dated July 13, 1926, and recorded with Plymouth Deeds in Book 1510, Page 589, and that the Town express its appreciation for the gift in the form of a letter from the Selectmen to Mr. Phillips.
Under Article 27, it was voted to install a Street Light at the intersection of Summer and Birch Streets.
Under Article 28, it was voted to install a Street Light at the intersection of Standish and Crescent Streets.
-95-
Under Article 29, it was voted to raise and appropriate the sum of $2,100.00 to purchase a base station unit and one mobile radio unit for the Fire Department, and the narrow banding of five (5) mobile units presently in service, in order to comply with the new Federal Com- munications Commission (F.C.C.) rules and regulations.
Under Article 30, it was voted to raise and appropriate the sum of $5,000.00 for the purpose of rebuilding the bulkhead at Mattakessett Court.
Under Article 31, it was moved and seconded that the Town authorize the Water Department to install a water main with hydrants consisting of 2,900 feet of 8" pipe, from the corner of Elm & School Streets at Tinkertown, to the corner of Oak and Tremont Streets at Island Creek, and raise and appropriate the sum of $12,500.00 for this purpose, but that this appropriation shall be amortized annually in 15 equal amounts on the Water Department's Memorandum Account of Surplus. Voted down.
Under Article 32, it was voted that the Town install a water main with hydrants, consisting of 2,550 feet of 6" pipe from Cox's Corner along Tremont Street to Careswell Street, and to continue along Careswell Street to Enter- prise Street, and raise and appropriate the sum of $7,400.00 for this purpose, but that this appropriation shall be amor- tized annually in 15 equal amounts on the Water Depart- ment's Memorandum Account of Surplus. Vote: Yes, 165; No. 67.
Under Article 33, it was voted that the Town install a water main with hydrants on Lake Shore Drive, starting at the Pumping Station, consisting of 2,350 feet of 8" pipe, and raise and appropriate the sum of $8,900.00 for this purpose, but that this appropriation shall be amortized annually in 15 equal amounts on the Water Department's Memorandum Account of Surplus.
-96-
At this time, it was voted to reconsider Article 31. This article was again moved and seconded exactly as it was originally. It was again voted down by a vote of Yes, 149; No 161. On a recount of the vote, the motion still failed by a vote of Yes, 179; No 181.
Under Article 34, it was voted to amend Section 7, Clause C of the Protective By-Law by striking out Section 7 (c) of first paragraph, which now reads as follows: "Lot size. In the residence district no building shall be erected or maintained on a lot of an area of less than 40,000 square feet or of a frontage upon the way upon which it abuts, or upon the set back line, if any, of such way of less than two hundred feet." and substituting the following: "Lot size. In the residence district no building shall be erected or maintained on a lot unless such lot has an area of 40,000 square feet or more and a frontage upon the way upon which it abuts, or upon the set-back line, if any, of such way of two hundred feet or more." and by deleting the last sentence of Section 7 (c) which reads as follows: "The foregoing limitation upon the application of this paragraph with respect to the effective date of this By-Law shall also be applicable to the application of the amendments of this paragraph with respect to the effec- tive date of such amendments, which amendments shall not impose any greater restrictions upon the area or frontage of any such existing lot than were in force when the respective amendments to this paragraph became effective." Vote: Yes, 305; No, 1.
It was voted to take up Article 35 after Article 49.
Under Article 36, it was moved and seconded that a Study Committee of three be appointed by the Moderator to determine the merit of a Town Conservation Commis- sion, as opposed to a Commission formed by acceptance of Section 8C of Chapter 40 of the General -Laws. Said
-97-
Committee to make a report with specific recommenda- tions no later than the next Annual Town Meeting.
An amendment was made as follows: That the Town vote to accept the provisions of Chapter 40, Section 8C of the General Laws, which authorizes the Town to establish a Conservation Commission, and that the Town instruct the Board of Selectmen to appoint a committee of five members, and that the Town appropriate the sum of one hundred dollars ($100.) therefor. This amendment was voted down by a vote of Yes, 175; No, 179.
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.