USA > Massachusetts > Essex County > Saugus > Town annual report of the officers and committees of the town of Scituate 1952-1954 > Part 39
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In considering a site plan under this paragraph the Planning Board shall assure, to a degree consistent with a reasonable use of the site for the purposes permitted by the regulations of the district in which located:
(1) Protection of adjoining premises against seriously detrimental or offensive uses on the site.
(2) Convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways and land.
(3) Adequacy of the methods of disposal for sewage, refuse and other wastes resulting from the uses permitted on the site,
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and the methods of drainage for surface water from its park- ing spaces and driveways.
In exercising its jurisdiction under this paragraph, the Board shall conform to all requirements of procedure applicable to a Board of Appeals when hearing and deciding requests for special permits under Section 30 of Chapter 40 of the General Laws, including the requirements thereof for public notice and hearing.
B. Applicability of Approval Requirements.
For the purposes of this paragraph 3-8, the following uses shall be considered as business or commercial uses, and all buildings designed, arranged or constructed for, or occupied by, one or more of such uses shall be considered as business or commercial buildings.
(1) Any of the uses permitted in "B-1," "B" or "C" zones, but not permitted in "A-1," "A-2," or"A-3" zones (with or without Board of Appeals authorization).
(2) Any of the following "A-1," "A-2," or "A-3" zone uses, when located in a "B-1," "B," or "C" zone:
(a) Nursing school or other agency for day care of children, or private organized camp.
(b) Rest home, convalescent or nursing home.
(c) Commercial livery or mooring for marine pleasure craft.
(d) Commercial golf course or riding academy.
(e) Tourist home, boarding or lodging house.
(f) Salesroom or stand for the display and sale of agricultural and horticultural products, or commercial greenhouse.
(g) Airport, airpark or landing field, unless accessory to a dwelling or operated by a governmental agency.
SECTION IV-Non-Conforming Buildings and Uses
4-1. Buildings and Uses Already in Existence.
Any lawful structure, or use of a building, structure or land existing at the time this By-Law is adopted may be continued, although not conforming to the regulations of the zone in which located, unless and until abandoned for a period of one year.
4-2. Change of Non-Conforming Use.
The Board of Appeals may authorize a non-conforming use to be changed to a more restricted use or to a specified use not substantially different in character, or more detrimental or injurious to persons, property or improvements in the vicinity.
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4-3. Extension of Non-Conforming Use.
The Board of Appeals may authorize a non-conforming use to be extended or a non-conforming building to be structurally altered or enlarged, provided that such extension, alteration, or enlargement will not cause the building or use to be more detrimental or injurious to persons, property or improvements in the vicinity.
4-4. Repair and Restoration of Non-Conforming Use.
A non-conforming building, structure, or use damaged or de- stroyed by accidental causes may be repaired, reconstructed, or restored within the same portion of the lot and used as before, provided that such repair, reconstruction or restora- tion is completed within 2 years of said damage or destruction.
SECTION V-Height and Open Space Requirements
5-1. Building Heights.
In all zones, no building shall be constructed or altered to exceed more than three stories or forty feet in height, the height in each case to be measured vertically from the average finished grade of the ground adjoining such building to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and to the average height between eaves and ridge for gable, hip, and gambrel roofs.
5-2. Height Projections.
Chimneys, spires, towers, and other projections not used for human occupancy, whether constituting separate structures or attached to buildings, may be constructed above the height limitations hereinbefore established, but no such structure or projection shall be constructed in any zone to a height greater than seventy-five feet without authorization of the Board of Appeals.
5-3. Set Back and Yard Requirements.
In all zones, except as herein provided, no building shall here- inafter be erected on its lot nearer to the line of any street or way than the "Required Set Back Distance," or nearer to the side line of its lot than the "Required Side Yard Width," or nearer to the rear line of its lot than the "Required Rear Yard Depth," specified in the following table for the zone in which said lot is located:
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Zone
Required Set Back Distance 30 ft.
Required Side Yard Distance
Required Rear Yard Depth
"A-1" and "A-2"
15 ft.
8 ft. for one-story detached accessory Buildings; 30 ft. for all other buildings.
"A-3"
30 ft.
8 ft.
8 ft. one-storv detached accessory; 20 ft. for all other buildings.
"B-1" "B"
30 ft.
8 ft. for dwellings;
20 ft. for dwellings; 8 ft. for all other buildings.
and "C"
8 ft. for all other buildings, unless
having a party wall
on the same lot line.
5-4. Modifications and Exceptions.
A. In all zones, no building need be set back on its lot further from the line of a street or way than the average distance from such line of the buildings on the same side thereof between two intersecting streets or ways and within two hundred feet of the lot in question. In determining such average, accessory buildings shall not be counted. A vacant lot or a lot occupied by a building set back more than thirty feet shall be con- sidered as though occupied by a building set back thirty feet. B. In a "B-1," "B" and "C" zone, no open display or other open use where permitted, and no sign or other structure, shall be located nearer than twenty feet to the line of a street or way, except for the following:
(1) Utility pole or mail box.
(2) Plants growing in the soil, if not obstructing the view from the street or way of cars entering and leaving the premises.
(3) Parking lot for passenger automobiles.
(4) Sign attached to a building if extending not more than three feet in front of said building, and only above a height of ten feet.
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TOWN CLERK'S REPORT
C. Nothing herein shall prevent the projection of cornices or caves not exceeding eighteen inches in width, steps, unroofed porches or window sills into any required yard or other open space.
SECTION VI-Lot Size Regulations for Dwellings
(As recently amended, except make change in the Table in 6-1 as follows:)
Zone Required Lot Area
Required Lot Width
"A-3" and "B-1" "B" and "C"
10,000 square feet
100 feet
10,000 square feet for each 100 feet family occupying the dwelling
VOTED: To indefinitely postponc.
ARTICLE 67
Will the Town vote to designate as "Section 12" an addition to the Zoning By-Laws accepted under Article 50 at the Annual Town Meeting of March 7, 1938, which addition created a Zoning Board of Appeals, and as amended under Article 4 at the Special Town Meeting of April 23, 1952, and add to said Section 12 the following:
Appeals may also be taken to the Board of Appeals, in the time and manner hereinbefore prescribed, by any other person aggrieved by an order or decision of an administrative official under this By-Law.
The Board of Appeals shall, in acting on all matters within its jurisdiction, authorize no use detrimental to the health, safety or general welfare of persons residing in the vicinity, or injurious to property or improvements in the vicinity.
Where authorization by the Board of Appeals is required under this By-Law the Inspector of Buildings shall issue no permit until so directed in writing by the Board. When, in the opinion of the Board, authorization may be granted if accompanied by conditions specially designed to safeguard persons, property, or improvements in the vicinity, it shall impose such conditions and make them a part of the authorization.
VOTED: To indefinitely postponc.
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TOWN CLERK'S REPORT
ARTICLE 68
Will the Town vote to designate as Zone "B-l" an area now or formerly known as the Proving Grounds and bounded westerly by the easterly line of Hatherly Road, northerly by the southerly line of Sixth Avenue, easterly by the easterly line of Norwell Ter- race, and southerly by the southerly line of Ninth Avenue.
VOTED: To indefinitely postpone.
ARTICLE 69
Will the Town vote to designate as Zone "B-1" an area in Humarock bounded southerly by the northerly line of Harvard Street, westerly by the South River, northerly by a line 150 feet northerly from and parallel to the northerly line of Marshfield Avenue, and easterly by a line 260 feet easterly from and parallel to the easterly line of Central Avenue.
VOTED: To indefinitely postpone.
ARTICLE 70
Will the Town vote to designate as Zone "B-1" an area in Minot bounded southerly by the northerly line of Bailey's Causeway, easterly by the westerly line of Glades Road, northerly by the division line between land now or formerly owned by the Minot Light Hotel, Inc., and land now or formerly owned by L. Carrie Staples and extending in a westerly direction to the Creek, so-called, and westerly by the Creek, so-called.
VOTED: To indefinitely postpone.
ARTICLE 71
Will the Town vote to designate as one "C" an area presently included in the one "B" area of North Scituate as shown on Sheet Two of a plan entitled "Detail Plans of Zone B Areas" dated Janu- ary, 1939, on file in the office of the Town Clerk and bounded and described as follows:
northerly by the Cohasset-Scituate Town Line,
westerly by the easterly line of the right of way of the New York, New Haven & Hartford Railroad,
southerly by Bound Brook, and
easterly by the Bound Brook and the westerly line of the Mill Pond.
VOTED: To indefinitely postpone.
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TOWN CLERK'S REPORT
ARTICLE 72
Will the Town vote to designate as Zone "A-2" an area pres- ently included in the Zone "B" area of Greenbush as shown on Sheet Three on a plan entitled "Detail Plans of Zone B Areas" dated January, 1939, on file in the office of the Town Clerk and bounded and described as follows:
northerly by land formerly owned by Julia E. Fitts as shown on the aforesaid plan.
easterly by a line running southerly and southeasterly by land now or formerly owned by John S. Fitts,
southerly by other lands now or formerly owned by John S. Fitts, and
westerly by the easterly line of Union Street and (old) Country Way.
VOTED: To indefinitely postpone.
ARTICLE 73
Will the Town vote to designate as Zone "C" an area in Green- bush bounded as follows:
westerly by the center line of First Herring Brook,
northerly by the southeasterly line of the present Zone "B" as shown on Sheet Three of a plan entitled "Detail Plans of Zone B Areas" dated January, 1939, on file in the office of the Town Clerk to the southwesterly line of Stockbridge Road,
thence by the northwesterly line of Stockbridge Road and the Driftway approximately 400 feet,
thence in a generally easterly direction by a line 500 feet from and parallel to the northerly line of the Driftway to an extension of the line of property now or formerly owned by Burnham,
thence southeasterly along the extension of the so-called Burn- ham line across the Driftway and along the Burnham prop- erty line,
thence in a southwesterly direction to First Herring Brook, thence in a general westerly direction along the thread of First Herring Brook.
VOTED: To indefinitely postpone.
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TOWN CLERK'S REPORT
ARTICLE 74
Will the Town vote to designate as Zone "B" an area in Green- bush bounded as follows:
From the intersection of First Herring Brook and the southerly boundary of the present "B" zone by the thread of First Herring Brook in a southerly direction to a tributary brook entering said brook as shown on a map prepared by the Scituate Planning Board dated September, 1951, on file in the office of the Town Clerk,
thence following said tributary brook in a general westerly direction across Chief Justice Cushing Way to a point 300 feet from the westerly line of Chief Justice Cushing Way, thence northerly by a line 300 feet from and parallel to the westerly line of Chief Justice Cushing Way to the southerly line of Judge Cushing Roadway as shown on aforesaid map, thence northerly along the southeasterly line of Judge Cushing Roadway and across Chief Justice Cushing Way to south- easterly line of Country Way, and
thence by said Country Way to the northwest corner of the present Zone "B."
VOTED: To indefinitely postpone.
ARTICLE 75
Will the Town vote to designate as Zone "B" an area bounded as follows:
southwesterly by the northeasterly line of Edward Foster Road, northwesterly by the line of ditch extended as shown on Sheet One of a plan entitled "Detail Plans of Zone B Areas" dated January, 1939, on file in the office of the Town Clerk, northerly by the line of bulkhead and Town of Scituate as shown on the aforesaid plan for a distance of 800 feet,
easterly by a line commencing at the point last mentioned and running in a general southerly direction to the westerly end of the bridge, so-called, on Edward Foster Road.
VOTED: To indefinitely postpone.
The meeting adjourned at 12:40 A.M.
Attest: WILLIAM M. WADE,
Town Clerk.
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TOWN CLERK'S REPORT
ELECTION OF OFFICERS March 8, 1954
Polls open from 6 o'clock A.M. to 8 o'clock P.M.
Presiding Election Officer: Moderator Philip S. Bailey. Town Clerk: William M. Wade.
In charge of ballot box: Don W. Freeman.
Ballot Clerks: Charlotte L. Chessia, Ruth M. Meyers, Barbara Tobin, Ellen A. Craig, Grace B. McPherson, John J. Lonergan, Charles S. Connolly, Henry D. Rohnstock.
Tellers: Rogers W. Harwood, George E. Story, J. George Voll- mer, Robert P. O'Hern, George W. Murphy, Frank W. Dowd, David W. Noonan, Willaim A. Hendrickson, Jr.
Police Officers: Chief William F. Kane, Walter Jones, Sgt. James E. O'Connor.
Total vote: 2,673.
Moderator for One Year
Philip S. Bailey
2193
Blanks 480
Selectman for Three Years
Robert H. Tilden
2239
Blanks 434
Assessor for Three Years
Henry T. Fitts
2207
Blanks 466
Public Welfare for Three Years
Franklin T. Sharp 1816
Mary J. McCarthy
678
Blanks 179
Town Collector for Three Years
Joseph R. Dillon 2289
Blanks 384
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TOWN CLERK'S REPORT
Town Treasurer for Three Years
Rose A. Smith
2280
Blanks 393
Constables for One Year
Vote for Three
Francis J. Lynch
1879
William B. Pepper
1983
Lawson C. Vickery 1926
Blanks
2231
Water Commissioner for Three Years
John R. Brown
2059
Blanks 614
Water Comm'r for Term expiring March 1955 - To fill vacancy
Leo P. Murphy 1926
Blanks 747
Water Comm'r for Term expiring March 1956 - To fill vacancy
Henry E. Bearce
1498
Murray Snow
957
Blanks
218
Park Commissioner for Three Years
Stephen S. Andrews
482
Edward S. Brady, Jr.
815
Robert E. Huntley
1170
Blanks
206
Board of Health for Three Years
Walter L. Enos
2188
Blanks
485
School Committee for Three Years
Vote for Two
Fred T. Waterman ..... 1686
Jackson E. Bailey
1242
George C. Young
1513
Blanks
905
Planning Board for Five Years
Robert F. Hayes
1491
John F. McCormack
847
Blanks
335
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TOWN CLERK'S REPORT
Question
Shall an act passed by the General Court in the year 1953 entitled "An act establishing a Selectmen-Manager form of govern- ment for the Town of Scituate," be accepted by this Town?
Yes 1030
No 1506
Blanks
137
Attest: WILLIAM M. WADE,
Town Clerk.
SPECIAL TOWN MEETING April 26, 1954
At a legal meeting of the inhabitants of the Town of Scituate qualified to vote in Elections and Town Affairs, there being the required quorum of 200 in attendance, held at the High School Auditorium in said Scituate, on Monday, the 26th day of April, 1954, at 7:30 o'clock P.M .; the meeting was called to order by Moderator Philip S. Bailey.
The warrant was read by Town Clerk William M. Wade.
Tellers appointed by the Moderator and sworn by the Town Clerk were: J. George Vollmer, Joseph V. Feeley, Wendell W. Whittaker, George H. Tyler, Walter L. Enos and John E. Bamber.
ARTICLE I
Will the Town vote to amend the Zoning By-Laws by striking out the provisions of Sections 1, 3, 4, and 5 and substituting Sections 1, 3, 4, and 5 and amending Section 6-1 all as follows:
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" (Residense 40,000 sq. ft.) "A-2" (Residence 20,000 sq. ft.) "A-3" (Residence 10,000 sq. ft.) "B-1" (Limited Business) "B" (General Business) "C" (Commercial)
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TOWN CLERK'S REPORT
1-2. Location of Zones.
Zones "A-1," "A-2," "A-3" and existing "B" areas 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 incor- porated in and made a part of this by-law; zones "B-1," "C" and additional or revised "B," "A-1," "A-2" or "A-3" zones will be shown on said map, as any such area or areas may be made subject to vote of the town at any annual or special town meeting.
SECTION II-Lots in Two Zones
(No Changes as Recently Amended)
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 designed, arranged or constructed, and no land, building, structure 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 police station.
(7) Public recreation or water supply use.
(8) Country club, yacht club, lodge building, or 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).
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TOWN CLERK'S REPORT
(9) Orchard, truck garden, nursery or similar open use of land for the raising of agriculture or horticultural crops.
(10) Commercial dairy, poultry or livestock farm on a lot con- taining three acres or more (but not including a piggery, commercial 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 re- quired for the erection of a single family dwelling in the same zone, provided 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 institution (but not including a correctional institution).
(4) Commercial livery or mooring for marine pleasure craft with no fueling or repair services.
(5) Commercial golf course (but not including a golf driving range or 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.
(10) Removal of sod, loam, sand, 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 terminated and the premises graded and planted to suitable cover, in a manner specified by said Board.
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TOWN CLERK'S REPORT
(11) Airport, airpark or landing field (whether public, private, or accessory to a dwelling), provided that any building, struc- ture 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, provided that any building in which horses are housed and any 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, hardware 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 danc- ing 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.
(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:
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TOWN CLERK'S REPORT
(1) Any of the uses permissible on appeals 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, pro- vided that such use is similar to the use hereinbefore listed in general character, extent of business hours, number of persons or cars to be attracted, 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-l" 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 Zones Uses.
A. Permitted Uses.
In a "B" zone, the following uses are 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.
(2) Any of the uses permitted as of right in "B-l" (Limited Business) 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.
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TOWN CLERK'S REPORT
(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 Zoning Board of Appeals, as here- inafter provided.
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