USA > Massachusetts > Essex County > Saugus > Town annual report of the officers and committees of the town of Scituate 1952-1954 > Part 40
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(10) Any of the following consumer, professional or commercial service establishments: bicycle repair shop, blueprinting es- tablishment, business or trade school, clothing rental establish- ment, dancing or music school, funeral home, medical or dental 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 bever- ages, with or without dancing and entertainment.
(13) Office Building, bank or other monetary 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 Zoning 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 relation to adjacent streets, property and improvements.
(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.
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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 disposing of fuels, lubricants, or fluids at a service station or garage, where permitted.
(3) The serving of food or the dispensing of goods from inside a completely enclosed building to persons standing outside or seated in their automobiles on the premises.
3-5. Commercial Zones 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 store 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.
(9) Storage yard or plant for contractors' equipment, storage ga- rage 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.
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(12) Soldering or welding shop, shop for light metal fabrication or blacksmith shop, provided that all work is conducted within a completely enclosed building.
(13) Woodworking mill, monument works.
(14) Bottling plant, commercial bakery, dairy products plant, or artificial ice plant.
B. Uses Permissible on Appeal.
In a "C" zone, the following additional uses are permitted if authorized by the Zoning 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, emmission of wastes or other cause, and provided further that such use is not likely to create more noise, vibration, dust, heat, somke, 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 outside a com- pletely enclosed building (including open displays, storage, regular parking of commercial vehicles, and service or manu- facturing operations) shall, if visible at normal eye level from any point within "A-1," "A-2," or "A-3" (Residence) zone and less than one hundred and fifty feet distant be completely screened from such view except where separated 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 other suitable visual barrier.
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 of other structure:
(1) Whose use is customary in connection with the principal build- ing, other structure or use of land, and
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(2) Whose use is clearly incidental to the use of the principal building, 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 en- joyment 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 acces- sory 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 thercon in connection with such use.
(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 (including the exterior parking of commercial vehicles)
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and no other exterior indication of such use or variation from the residential 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, assembly and repairs) as is usual in connection with a permitted principal use, provided that it does not occupy an area exceed- ing fifty percent of the total floor area occupied by the prin- cipal use, that the major portion of all products manufactured are to be sold at retail on the premises, and that no more than five operatives are regularly employed therein.
3-7. Accessory Signs.
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 occu- pation.
(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 an 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," and "B," and "C" zone, exterior signs pertaining to permitted buildings, structures and uses on the premises, pro- vided that:
(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.
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3-8. Site Plan Approval.
A. Required Approval in Business and Commercial Zones. In a "B-1," "B," and "C" zone, no business or commerical 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, driveways 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 power to modify or amend its approval of a site plan on application of the person owning or leasing the premises, or upon its own motion in the event of changes in physical con- ditions sufficient to justify such action within the intent of this paragraph. All of the provisions of this paragraph applicable to approval shall, where apt, be applicable to such modification or amendment.
In considering a site plan under this paragraph the Planning Board shall assure, to a degree consistant 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, and the methods of drainage for surface water from its parking 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.
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B. Applicability of Approval Requirements.
For the purpose of this paragraph 3-8, the following uses shall be considered as business or commercial uses, and all build- ings designed, arranged or constructed for, or occupied by, one or more such uses shall be considered as business or commer- cial 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," or "B" or "C" zone.
(a) Nursery 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 building or structure, or use of a building, struc- ture 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.
4-3. 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 restoration is com- pleted within two years of said damage or destruction.
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SECTION V-Height and Open Space Requirements
5-1. Building Heights.
In all zones, no building shall be constructed or altered to ex- ceed 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 Projection.
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 lines 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:
Required Set Back Distance
Required Side Yard Distance
Required Rear Yard Depth
Zone
30 ft.
15 ft.
"A-1" and "A-2"
8 ft. for one-story detached accessory buildings; 30 ft. for all other buildings.
"A-3"
30 ft.
8 ft.
8 ft. for one-story detached accessory; 20 ft. for all other buildings.
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TOWN CLERK'S REPORT
"B-1" "B" and
30 ft.
8 ft. for dwellings;
8 ft. for all other
buildings, unless having a
party wall
on the same lot line.
20 ft. for dwellings 8 ft. for all other buildings.
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 dis- tance from such line of the buildings on the same side thereof between two intersecting streets or ways and within two hun- dred 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 considered 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.
C. Nothing herein shall prevent the projection of cornices or eaves not exceeding eighteen inches in width, steps, unroofed porches or window sills into any required yard or other open space.
SECTION 6. Lot Size Regulations for Dwellings
Make change in the Table in 6-1, as follows:
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TOWN CLERK'S REPORT
Zone "A-3" and "B-1" "B" and "C"
Required Lot Area 10,000 square feet
Required Lot Width
100 feet
10,000 square feet for each 100 feet family occupying the dwelling.
SECTION 7-11.
(No Change)
Planning Board Report was read by the Town Clerk. The vote to amend was: Yes, 315; No, 211. Not a vote. A 2/3 vote of 351 required.
ARTICLE 2
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:
SECTION 12.
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 or working 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 ac- companied by conditions specially designed to safeguard per- sons, property and improvements in the vicinity, it shall im- pose such conditions and make them a part of the authori- zation.
After declaration of the vote on Article 1, Mr. Robert Hayes, Chairman of the Planning Board, withdrew from the Warrant Articles 2 to 9 inclusive.
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TOWN CLERK'S REPORT
ARTICLE 3
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.
ARTICLE 4
Will the Town vote to designate as Zone "C" an area presently included in the Zone "B" area of North Scituate as shown on Sheet Two of a plan entitled "Detail Plans of Zone B Areas" dated Jan- uary, 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 Mill Pond.
ARTICLE 5
Will the Town vote to designate as Zone "A-2" an area presently included in the Zone "B" area of Greenbush 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 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.
ARTICLE 6
Will the Town vote to designate as Zone "C" an area in Greenbush bounded as follows:
westerly by the center line of First Herring Brook,
northerly by the southeasterly line of the present Zone "B" shown on Sheet Three of a plan entitled "Detail Plans of Zone 'B'
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TOWN CLERK'S REPORT
Arcas" 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 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 property line,
thence in a southwesterly direction to First Herring Brook,
thence in a general westerly direction along the thread of First Herring Brook.
ARTICLE 7
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 May 18, 1953 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 southeasterly line of Country Way, and
thence by said Country Way to the northwest corner of the Present Zone "B".
ARTICLE 8
Will the Town vote to designate as Zone "B" an area in Green- bush bounded as follows:
starting at a point in First Herring Brook 500 feet easterly of the easterly line of Chief Justice Cushing Way and opposite the tributary brook entering First Herring Brook,
thence running in a southeasterly direction by a line 500 feet distant from and parallel to said easterly line of Chief Justice Way to the northerly bank of the North River,
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TOWN CLERK'S REPORT
thence by the northeasterly bank of the North River, south- westerly and westerly across Chief Justice Cushing Way to a point 300 feet from the westerly line of Chief Justice Cushing Road and measured at right angles,
thence turning and running in a general northwesterly direc- tion 300 feet distant from and parallel to the westerly line of Chief Justice Cushing Way to a tributary brook entering First Herring Brook at the northerly bound or property now or formerly of Lan- non,
thence turning and running in a general easterly direction by said tributary brook across Chief Justice Cushing Way to the point of beginning.
ARTICLE 9
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 Jan- uary, 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.
ARTICLE 10
Will the Town vote to amend its by-laws by adding the follow- ing section? No member of the Fire Department shall be required to work more than fifty-six (56) hours per week.
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