USA > Massachusetts > Essex County > Saugus > Town annual report of the officers and committees of the town of Scituate 1952-1954 > Part 38
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Section 2. All permits shall be void if operations thereunder are not commenced within ninety days after the date of the permit, or if the operations thereunder are discontinued for a period of more than six months.
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Section 3. If any person violates any of these Building Laws, or any amendment thereof, the Commissioner, upon discovery of such violation shall give notice thereof in writing to such person or to the owner of the premises where such violation occurs, and may order such person or owners to remove any part of a structure erected in violation thereof, or to do such other acts as the Com- missioner deems necessary in order to comply with the require- ments of these Building Laws and of such permit; if after such notice such person or owner continues such violations, or fails to obey any such lawful order of the Commissioner, the Commissioner may revoke the permit for the work in connection with such viola- tion occurred and it shall thereupon become unlawful for the owner or contractor to proceed with such work. Before a permit, revoked for the reasons before mentioned, can be lawfully reissued, the entire building and building site must be made to conform to the requirements of these Building Laws, and any work or materials applied to the building in violation thereof must be removed.
ARTICLE XI-Board of Appeals
A Board of Appeals consisting of three (3) voters of the Town shall be appointed by the Selectmen, who shall be qualified by edu- cation or experience to pass upon matters which may be brought before them. One member shall be an architect or structural en- gineer; one a master builder or a person of at least ten years' ex- perience in the construction or supervision of buildings; and one to be an attorney-at-law, if possible. They shall be appointed by the Selectmen for terms of one, two and three years, the term of one member expiring each year; appointments after the first year to be for three years. Vacancies shall be filled by the Selectmen for the balance of any unexpired terms. No member shall act in any case in which he may have a personal or financial interest, a substitute being chosen in such case by the other members of the board. Each member or substitute shall be paid $3.00 for each hearing attended by him.
Section 2. Any person aggrieved by act or decision of the Commissioner may appeal therefrom within ten (10) days by filing an application for a hearing with the Commissioner, who shall at once set a time and place for the hearing, notify the members of the board, adjoining property owners and all other interested parties. The application shall state the cause of appeal.
Section 3. Every decision of the Board of Appeals shall be in writing and shall require the assent of at least two members. It
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shall specify the variations allowed and reasons therefor and shall be filed in the office of the Commissioner within seven (7) days after the hearing, where it shall be kept publicly posted for thirty days thereafter.
Section 4. The Board of Appeals may in cases where manifest injustice is done, suspend or waive the By-Laws. If the action of the Commissioner shall be affirmed it shall have full force and effect, if modified or annulled the Commissioner shall issue direc- tions in accordance with the decision of the Board.
ARTICLE XII-Fees
For each permit issued there shall be paid to the Building Commissioner, for the use of the Town, a fee according to the following schedule: The minimum fee shall be $1.00. For dwellings, alterations and other building projects, the fee shall be $1.00 for each estimated cost of $1,000.00 or fraction thereof. Said estimated cost shall be made by the Building Commissioner.
ARTICLE XIII-Penalties
Whoever violates any provisions of this By-Law shall pay a fine not less than $10.00 or not more than $100.00.
ARTICLE XIV
The invalidity of any section or provision shall not affect the validity of the remaining sections or provisions of these By-Laws.
VOTED: To repeal the existing Building By-Laws regulating the erection, alteration and repair of buildings in the Town of Scituate, and adopt instead a set of By-Laws as appearing in the warrant of this Town Meeting, deleting Sections 11 and 12 of Article VII. Unanimous vote.
Approved - May 26, 1954. George Fingold, Attorney General.
ARTICLE 66
Will the Town vote to amend the Zoning By-Laws by striking out the provisions of Sections 1, 3, 4, and 5 and substituting Sec- tions 1, 3, 4, and 5 and amending Section 6-1 all as follows:
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PROPOSED REVISION OF SCITUATE ZONING BY-LAWS
SECTION I-Establishment of Zones
1-1. Types of Zones
For the purpose of this By-Law, the Town of Scituate is hereby divided into six types of zones, designated as:
"A-1" (Residence 40,000 sq. ft.)
"A-2" (Residence 20,000 sq. ft.)
"A-3" (Residence 10,000 sq. ft.)
"B-1" (Limited Business)
"C" (Commercial)
'1-2. Location of Zones
Said zones hereinbefore referred to are located and bounded as shown on a map entitled "Supplementary Zoning Map," dated May 18, 1953, signed by the Planning Board, and filed in the office of the Town Clerk, which map, together with all explanatory matter thereon, is hereby incorporated in and made a part of this By-Law.
SECTION III-Use Regulations
3-1. Application of Use Regulations.
No building or structure, and no alteration, enlargement or extension of an existing building or structure shall be de- signed, arranged or constructed, and no land, building, struc- ture or part thereof shall be used for any purpose or in any manner other than for one or more of the uses specifically permitted herein.
3-2. Residence Zone Uses.
A. Permitted uses.
In an "A-1," "A-2," and "A-3" zone the following uses are permitted as of right.
(1) Single family detached dwelling with not more than one such dwelling located on any lot.
(2) Church, parish house, rectory or convent.
(3) Religious, sectarian or denominational educational use.
(4) Public school, or private school offering general educational courses.
(5) Public or non-profit library, museum, art gallery or civic center.
(6) Public administration building, fire or policy station.
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(7) Public recreation or water supply use.
(8) Country club, yacht club, lodge building, other non-profit social, civic or recreational use (but not including any use the chief activity of which is one customarily conducted as a business.
(9) Orchard, truck garden, nursery or similar open of the land for the raising of agricultural crops.
(10) Commercial dairy, poultry or livestock farm on a lot contain- ing three acres or more (but not including a piggery, commer- cial kennel, or fur farm), provided that any building in which poultry or livestock are housed is not less than fifty feet from side and rear lot lines.
(11) The alteration of a single family dwelling existing at the time this By-Law is adopted to accommodate two families if located on a lot having an area not less than twice that required for the erection of a single family dwelling in the same zone, pro- vided that no exterior change is made which alters the single family character of the dwelling.
(12) Accessory use as hereinafter limited and defined.
B. Uses Permissible on Appeal.
In an "A-1," "A-2," and "A-3" zone, the following additional uses are permitted if authorized by the Board of Appeals:
(1) Nursing School or other agency for day care of children, or private organized camp.
(2) Rest home, convalescent or nursing home.
(3) Cemetery, hospital, sanitorium, philanthropic or charitable in- stitution (but not including a correctional institution).
(4) Commercial livery for marine pleasure craft with no fueling or repair services.
(5) Commercial golf course (but not including a golf driving range or a miniature golf course).
(6) Tourist home, boarding or lodging house.
(7) Private garage for more than three automobiles.
(8) Commercial greenhouse, provided that such building, and any heating plant accessory thereto, is not less than fifty feet from side and rear lot lines.
(9) Salesroom or stand for the display and sale of agricultural or horticultural products the major portion of which are grown on the premises provided that no such products are displayed within thirty feet of any street or lot line.
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(10) Removal of sod, loam, gravel or other earth products from the premises (except where permitted as an accessory use), provided that within two years after authorization for such use by the Board of Appeals, all removal operations are ter- minated and the premises graded and planted to suitable cover, in a manner specified by said Board.
(11) Airport, airpark or landing field (whether public, private, or accessory to a dwelling), provided that any building, structure or ground area so used is not less than two hundred feet from side and rear lot lines and one hundred feet from any street line.
(12) Riding academy on a lot containing three acres or more, pro- vided that any building in which horses are housed and any riding ring is not less than fifty feet from side and read lot riding ring is not less than fifty feet from side and rear lot lines.
(13) Any public use (including a public utility or communications use) not hereinbefore specifically listed, which is necessary for the service of the vicinity, or which requires a location within the zone for reasons of space of function.
3-3. Limited Business Zone Uses.
A. Permitted Uses.
In a "B-1" zone, the following uses are permitted as of right:
(1) Any of the uses permitted as of right in "A-1," "A-2," and "A-3" (Residence) zones, subject to the same conditions as therein specified.
(2) Any of the following retail businesses: book, stationery or news store, cigar store, drug store, delicatessen, dry goods or variety store, florist, or gift shop, fruit or grocery store, hard- ware store, jewelry store, meat market, or wearing apparel store.
(3) Any of the following personal or consumer service establish- ments: barber or beauty shop, collection station for laundry or dry cleaning, frozen food locker, hand or self-service laun- dry, photographic studio, shoe or hat repair shop, shop for custom work by a dressmaker, milliner or tailor.
(4) Restaurant or other place for the serving of food or beverages to persons seated at tables or counters, provided that no dancing and no mechanical or live entertainment is regularly furnished.
(5) Business or professional office or bank, provided that not more than five persons are regularly employed therein.
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(6) Parking lot for passenger automobiles.
(7) Accessory use as hereinafter limited and defined.
B. Uses Permissible on Appeal.
In a "B-1" zone, the following additional uses are permitted if authorized by the Board of Appeals:
(1) Any of the uses permissible on appeal in "A-1," "A-2," and "A-3" (Residence) zones, subject to the same conditions as therein specified.
(2) Any other retail business or service establishment supplying commodities or performing personal or consumer services pri- marily for residents of the surrounding neighborhood, provided that such use is similar to the use hereinbefore listed in gen- eral character, extent of business hours, number of persons or cars to be attached, and in effect on adjacent property and improvements (but not including any use first specifically listed herein under "B" or "C' zone uses, nor any use whose stock in trade consists primarily of large bulky objects not normally subject to being carried away by the customer on his person or in his automobile).
C. Special Provisions.
In a "B-1" zone, all uses permitted as of right or permissible on appeal, and all uses accessory thereto (including storage, light manufacturing, and the regular parking of commercial vehicles) shall be conducted wholly within a completely en- closed building, except for the following:
(1) Uses permitted as of right or permissible on appeal in "A-1," "A-2" and "A-3" zones.
(2) Accessory outdoor dining areas serving only persons seated at tables.
(3) Parking lots for passenger automobiles.
(4) Exterior signs, as hereinafter permitted.
(5) Plants growing in the soil.
3-4. General Business Zone Uses.
A. Permitted Uses.
In a "B" zone, the following uses permitted as of right:
(1) Any of the uses permitted as of right or permissible on appeal in "A-1," "A-2," and "A-3" (Residence) zones, except the re- moval of earth products, subject to the same conditions as therein specified.
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(2) Any of the uses permitted as of right in "B-1" (Limited Busi- ness) zones.
(3) Dwelling for two or more families.
(4) Hotel.
(5) Store for the conduct of a retail business (but not including any use first specifically listed herein under "C" zone uses).
(6) Showroom for building supplies, including plumbing, heating and ventilating equipment, with storage limited to floor sam- ples only.
(7) Salesroom for boats, trailers, trucks, farm implements, or ma- chinery with no repair services.
(8) Salesroom for automobiles, with no repair services except in a garage authorized by the Board of Appeals, as hereinafter provided.
(9) Wholesale office or showroom, with storage limited to floor samples only.
(10) Any of the following consumer, professional or commercial service establishments; bicycle repair shop, blueprinting estab- lishment, business or trade school, clothing rental establish- ment, dancing or music school, funeral home, medical or den- tal laboratory, television or household appliance repair shop, typewriter repair shop.
(11) Shop of a carpenter, cabinetmaker, electrician, painter, paper- hanger, plumber, sign painter, or upholsterer, with not more than 5,000 square feet of floor area per establishment used for work and storage.
(12) Restaurant or other place for the serving of food or beverages, with or without dancing and entertainment.
(13) Office Building, bank or other masonry institution.
(14) Bowling alley or dance hall with not more than 5,000 square feet of floor area per establishment, theater, billiard parlor or pool hall.
(15) Printing or publishing establishment, with not more than 5,000 square feet of floor area per establishment used for production.
(16) Accessory use as hereinafter limited and defined.
B. Uses Permissible on Appeal.
In a "B" zone, the following additional uses are permitted if authorized by the Board of Appeals.
(1) Automobile repair garage or service station, provided that such use will not interfere with the convenience and safety of vehicular and pedestrian movement within the zone, or in re- lation to adjacent streets, property and improvements.
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(2) Any other retail business or service establishment similar to the uses hereinbefore listed in general character and in effect on adjacent property and improvements (but not including any use first specifically listed herein under "C" zone uses).
(3) Removal of sod, loam, sand, gravel or other earth products from the premises (except where permitted as an accessory use), subject to the same conditions specified for such removal in "A-1," "A-2," and "A-3" zones.
C. Special Provisions.
In a "B" zone, all uses permitted as of right or permissible on appeal and all uses accessory thereto, shall be conducted wholly within a completely enclosed building, except for the following:
(1) Open uses specifically exempted from the requirement for en- closure in "B-1" zones.
(2) The dispensing of fuels, lubricants or fluids at a service station or garage where permitted.
(3) The serving of food or the dispensing of foods from inside a completely enclosed building to persons standing outside or seated in their automobiles on the premises.
3-5. Commercial Zone Uses.
A. Permitted Uses.
In a "C" zone, the following uses are permitted as of right:
(1) Any of the uses permitted as of right in "B" (General Busi- ness) zones, but not subject to any requirement for enclosure or any limitation on floor area therein specified.
(2) Commercial farm, greenhouse, riding academy, stable, animal or veterinary hospital.
(3) Place of amusement or assembly.
(4) Establishment for the sale of lumber or other building sup- plies, heating fuel, livestock feed, ice, fertilizer, or similar materials stored in bulk on the premises.
(5) Establishment for repair of trailers, trucks, farm implements or machinery.
(6) Automobile repair garage or service station.
(7) Auto body or fender shop, provided that all work is con- ducted within a completely enclosed building.
(8) Yard for custom building or repair of boats under one hundred feet in length, boat storage yard.
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(9) Storage yard or plant for contractors' equipment, storage garage for trucks, trucking yard or terminal.
(10) Wholesale distribution plant, cold storage plant, material storage yard or warehouse (but not including the storage of explosives, or the wholesale storage of petroleum, petroleum products or other inflammables).
(11) Power laundry, dry cleaning or dyeing works, carpet or rug cleaning plant.
(12) Soldering or welding shop, for light metal fabrication or black- smith shop, provided that all work is conducted within a com- pletely enclosed building.
(13) Woodworking mill, monument works.
(14) Bottling plant, commercial bakery, dairy products plant, or artificial ice plant.
D. Uses Permissible on Appeal.
In a "C" zone, the following additional uses are permitted if authorized by the Board of Appeals:
(1) Any other lawful business, service, or storage use, or
(2) Removal of earth products, or
(3) Plant for light manufacturing, processing or assembly, pro- vided that such use is not dangerous to the neighborhood through fire, explosion, emission of wastes or other cause, and provided further that such use is not likely to create more noise, vibration, dust, heat, smoke, fumes, odor or glare than the minimum amount normally resulting from any of the uses specifically listed hereinbefore.
C. Special Provisions.
In a "C" zone, all open storage of junk, scrap metal, rags, waste paper, and similar used materials shall be completely screened from view at normal eye level from any public or private way or from any premises, other than that on which located. Any other business or commercial use conducted out- side a completely enclosed building (including open displays, storage, regular parking of commercial vehicles, and service or manufacturing operations) shall, if visible at normal eye level from any point within an "A-1," "A-2," or "A-3" (Resi- dence) zone and less than one hundred and fifty feet distant, be completely screened from such view except where sepa- rated from said zones by a railroad, or by a public or private way having a width of forty feet or more. Screening required under this paragraph shall be by an evergreen planting, fence or suitable visual barrier.
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3-6. Accessory Uses.
A. Accessory Uses in All Zones.
An "accessory use," within the meaning of this By-Law, is either a subordinate use of a building, other structure or tract of land, or a subordinate building or other structure.
(1) Whose use is customary in connection with the principal build- ing, other structure or use of land, and
(2) Whose use is clearly incidental to the use of the principal build- ing, other structure or use of land, and
(3) Which is located on the same lot with the principal building, other structure or use of land, or on a lot adjacent to such lot, if part of the same premises, and
(4) Which does not constitute, in effect, a conversion of the prin- cipal use of the premises to one not permitted in the zone.
B. Accessory Uses in Residence Zones.
In an "A-1," "A-2," and "A-3" zone, the following uses are hereby specifically declared to be customary accessory uses within the meaning of this By-Law.
(1) Private garage for not more than three automobiles, not more than one of which shall be a commercial vehicle.
(2) Private greenhouse, stable, tool shed, playhouse, tennis court, boat house, or other similar building or structure for domestic storage or use.
(3) The keeping of animals, livestock or poultry for personal enjoyment or household use.
(4) Removal of sod, loam, sand, gravel or other earth products in connection with the construction of a building for which a permit has been issued, provided that the amount of such material removed does not exceed the amount contained, be- fore construction, in the particular space to be occupied by the foundation of said building.
(5) The regular renting of rooms or the furnishing of table board in a dwelling by prearrangement to not more than 5 persons.
(6) The use of a room or rooms in a dwelling or building accessory thereto by a person resident on the premises as an office, studio or workroom for a home occupation, provided that: (a) Such use is clearly incidental and secondary to the use of the premises for dwelling purposes.
(b) Not more than one person other than residents of the premises is regularly employed thereon in connection with such usc.
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(c) No stock in trade is regularly maintained.
(d) No offensive noise, vibration, smoke, dust, odor, heat or glare is produced.
(e) There is no exterior display and no exterior sign, except as hereinafter permitted.
(f) There is no exterior storage of material or equipment (in- cluding the exterior parking of commercial vehicles) and no other exterior indication of such use or variation from the resi- dential character of the premises.
C. Accessory Uses in Business Zones.
In a "B-l" and "B" zone, permitted accessory uses include:
(1) Such industry or light manufacturing (including processing as- sembly and repairs) as is usual in connection with a permitted principal use, provided that it does not occupy an area ex- ceeding fifty percent of the total floor area occupied by the principal use, that the major portion of all products manu- factured are to be sold at retail on the premises, and that no more than five operatives are regularly employed therein.
3-7. Accessory Signs.
A. Signs in Residence Zones.
In an "A-1," "A-2," and "A-3" zone the following exterior signs are permitted:
(1) One non-flashing sign for each dwelling unit on the premises not over one square foot in area, indicating the name of the owner or occupant, or pertaining to a permitted home occupa- tion.
(2) One non-flashing sign not over eight square feet in area per- taining to permitted buildings, structures, and uses on the premises other than dwellings and their accessory uses, pro- vided that no such sign is located within twenty feet of any street or lot line.
(3) Temporary unlighted sign aggregating not over twenty square feet in area pertaining to the sale or lease of the premises, provided that no such signs are located within twenty feet of any street or lot line.
(4) Unlighted directional signs not exceeding one square foot in area pertaining to churches, schools, institutions and other public or non-profit uses.
B. Signs in Business and Commercial Zones.
In a "B-1," "B," and "C" zone, exterior signs pertaining to permitted buildings, structures and uses on the premises, pro- vided that:
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(1) Such signs do not exceed in total area one square foot for each lineal foot of principal street frontage occupied by the premises.
(2) Not more than two such signs, other than those which are attached to and are part of the architectural design of a build- ing, shall be permitted for each separate and distinct principal use on the premises.
3-8. Site Plan Approval.
A. Require Approval in Business and Commercial Zones.
In a "B-1," "B," and "C" zone, no business or commercial building shall be constructed or externally enlarged, and no business or commercial use shall be established or expanded in ground area except in conformity with a site plan bearing an endorsement of approval by the Planning Board. Said site plan shall show, among other things, all existing and proposed buildings, structures, parking spaces, driveway openings, driveways, service areas, and other open uses, all facilities for sewage, refuse and other waste disposal, and for surface water drainage, and all landscape features (such as fences, walls, planting areas and walks) on the lot.
Any person desiring approval of a site plan under this para- graph shall submit said plan to the Town Building Commis- sioner, who shall transmit it forthwith to the Planning Board, and no building permit shall be issued until said Board has approved the plan or has allowed forty-five (45) days to elapse after receipt thereof without acting thereon. The Board shall have the power to modify or amend its approval of a site plan on application of the person owning or leasing the prem- ises, or upon its own motion in the event of changes in physi- cal conditions sufficient to justify such action within the in- tent of this paragraph. All of the provisions of this paragraph applicable to approval shall, where apt, be applicable to such modification or amendment.
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