USA > Massachusetts > Essex County > Saugus > Town annual report of the officers and committees of the town of Scituate 1955-1957 > Part 18
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(f) Sheds open on the long side, not more than 15 feet in height nor more than 500 square feet in area, located at least 8 feet from buildings and from adjoining lot lines.
(g) Builders' shanties for use only in connection with a duly authorized building operation and located on the same lot with such building operation, on a lot immediately adjoining, on an upper floor of the building under construction, or on a sidewalk shed.
(h) Coal tipples, ice houses, material bins, trestles and water tanks, when built of planking and timbers of the dimensions speci- fied for heavy timber construction.
(i) Fences not exceeding 10 feet in height.
(j) Roofs over parking lots, of unprotected metal construction, where roof is at least 10 feet above the floor, and every 40 feet there is an open ventilation area 6 feet wide extending either the full length or the full width of the roof.
Except as otherwise provided in sub-section 5 of this section, no building or structure of wood frame construction or of unpro- tected metal construction shall be erected within the Fire Limits.
The exterior walls of all buildings for commercial, mercantile or manufacturing purposes erected within these areas shall have a fire resistance of at least two hours.
ARTICLE VIII. Health Safeguards
(a) All plumbing systems shall be installed in accordance with rules and regulations on file with the Board of Health, and shall be subject to the approval of the Inspector of Plumbing.
(b) Wherever sewers are not available, the plumbing of every building shall be connected to a suitable cesspool or septic tank with leaching drains. All cesspools shall be substantially constructed
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with reinforced concrete or arched top to fit 18" iron or cement cover. Dug at least 8' in diameter and 6' deep. Septic tanks shall be of cement and of a capacity equal to the average daily sewage flow, but in no case, less than 500 gallons.
(c) Disposal fields shall be of sufficient area and with effective leaching surface to take care of the minimum flow. Field shall con- sist of a series of finger trenches exposing a stratum of effective leaching soil. A distribution pipe of perforated indestructible mate- rial or vitrified clay with protected open joints shall be laid the entire length of the trench with a grade of approximately 4" in 100 feet. Around the distribution pipe place coarse gravel to within one foot of the surface. Over this, place building paper to prevent top soil from filling the interstices between the stones and cover with loam.
(d) In no case shall sewage be deposited above ground, or under ground nearer than 15' to a street or adjoining lot line if the adjoining land be lower or five feet if it be higher. If in the opinion of the Commissioner, unusual conditions not covered under these By-Laws are encountered, he may withhold a building permit until plans submitted to the Board of Health for disposal of sewage shall bear their approval.
(c) No person shall start the construction or alter any plant for the disposal of sewage without first submitting a sketch for the proposed works, receiving the approval of the Board of Health and obtaining a permit therefor.
(f) The owner, person or agent responsible for the construc- tion of local sewage disposal works shall, after the permit has been obtained:
1. Notify the Board of Health or its agent when excava- tion, for the sewage disposal system, is completed. No further work shall be done until the Board of Health or its agent permits the work to continue.
2. Upon approval, the sewage system may be installed, but not covered.
3. Upon approval by the Board of Health or its agent, sewage system may be covered, and such covering shall thereafter be applied in a manner approved by the Board of Health.
(g) The owner or other person or persons having control of any lot or lots shall not commence the construction of any struc- ture or structures, that may contain toilet or washing facilities or
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both, until the Board of Health or its agent has approved said lot or lots as suitable from a sanitary point of view, for a sewage disposal installation.
(h) Every habitable room shall have adequate ventilation approved by the Building Commissioner.
ARTICLE IX. Building Commissioner
The Board of Selectmen shall appoint a BUILDING COM- MISSIONER who shall be a citizen of the Town of Scituate and qualified by training and experience in the supervision of building operations as a master builder of not less than ten (10) years of experience. His term of office shall be for one (1) year. He may with the approval of the Selectmen, appoint such qualified and experienced assistants as he may deem necessary, their compensation to be paid from the appropriation for the expenses of Building Department in such amounts as the Selectmen shall approve.
Section 2. The word "Commissioner" in this By-Law shall mean the Building Commissioner or his authorized representative. The Commissioner shall have all powers and duties which he would have if he were herein denominated "Inspector of Buildings."
Section 3. The Inspector of Buildings shall see that the pro- visions of this Code and except as otherwise provided, those of the statutes of the Commonwealth of Massachusetts, relating to build- ings, are strictly observed; and to that end, shall have authority to institute any proceedings for the purpose of enforcing or prevent- ing violations of the provisions thereof or enjoining the main- tenance of any structure erected contrary thereto.
Section 4. The Commissioner shall have full power to pass upon questions arising under the provisions of this Code relating to the manner of repair of any structure; shall grant, sign and revoke all permits, and give notices required by this Code, and may dele- gate any of his duties or powers to any person employed in the Department of Building Inspection.
Section 5. The Commissioner or any member of his depart- ment shall have the right at any time in the performance of his duties, to enter, examine, and inspect any premises, building, or any other structure within the Town of Scituate, Massachusetts.
Section 6. No oversight or neglect of duty on the part of the Inspector of Buildings shall legalize the erection, construction, alter-
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ation or repair of any building or structure in a maner not in con- formity with the provisions of this Code.
Section 7. The Builder in charge of construction, or the owner of the premises shall give notice to the Commissioner whenever any parts are ready for inspection, if those parts are to be covered in the further construction of the building. The Commissioner shall re- spond promptly and in no case shall he delay more than thirty-six (36) hours after such notice has been received. It is also required that stamp of approval by the several Inspectors be placed on the permit, before any lathing is started.
Section 8. All buildings hereafter erected of a description not specified in this Code, shall be constructed in a manner that shall be satisfactory to the Commissioner.
ARTICLE X. Permits
Before erecting, altering, moving, razing, adding to or making any changes in use or type of occupancy of any building or struc- ture, the owner or his agent shall file an application for a permit with the Building Department. No work shall begin until a permit is granted. The application shall state the location, dimensions, estimated cost, nature and extent of the proposed work or changes, purpose for which the building is to be used and such other infor- mation as the Commissioner may require. No work shall be done except in accordance with the permit.
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.
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- mission deems necessary in order to comply with the requirements of these Building Laws and of such permit; if after such notice such person or owner continues such violation, or fails to obey any such lawful order of the Commissioner, the Commissioner may re- voke the permit for the work in connection with such violation and it shall thereupon become unlawful for the owner or contractor
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to proceed with such work. Before a permit, revoked for the rea- sons 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 education or experience to pass upon matters which may be brought before them. One member shall be an architect or structural engi- neer: one a master builder or a person of at least ten years' experi- ence 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 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 directions in accordance with the decision of the Board.
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ARTICLE XII.
Building 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 $3.00. For dwell- ings, alterations and other building projects, the fee shall be $1.00 for each estimated additional cost of $1,000.00 or fraction thereof. Said estimated cost shall be made by the Building Commissioner.
Electrical Fees
Permits issued under this Section shall be charged according to the following schedule:
New Installations
Home, complete, 1 meter $3.00
New Service 1.00
Oil or Gas Burner 1.00
Service change 1.00
Range
1.00
Temporary Service 1.00
Hot Water Heater 1.00
Motors, 1 to 4 H. P.
1.00
Dryer or Washer
1.00
Motors, 5 to 9 H. P. 2.00
Receptacles, (2 or more) 1.00
Motors, 10 H. P. and over 5.00
Signs, fixtures, etc. 1.00
Commercial Installations $1.00 per meter in addition to other Fees. All motor installations to be in addition to other Fees. Carnivals or Concessions to be $5.00. Charitable organizations to be $1.00.
Fees for Plumbing Permits for All New Buildings
For all new buildings, other than public buildings which re- quire plumbing, a fee of Five Dollars ($5.00) shall be charged for a permit up to and including five (5) fixtures, and One Dollar ($1.00) for each additional fixture.
For alteration or remodeling in old buildings which require plumbing, a fee of Three Dollars ($3.00) shall be charged for a permit to include not over five (5) fixtures, and One Dollar ($1.00) for each additional fixture.
Fees for Public Buildings shall be set by the Board of Health.
In all cases where a single plumbing fixture shall be replaced with a new fixture, a permit shall be required and a fee of One Dollar ($1.00) charged. This shall apply to installation or replace- ment of range boilers, storage systems, hot water tanks, gas heaters, domestic hot water appliances, sinks, sink and tray combinations, water coolers, water closets, lavatories, garbage disposals, dish wash- ers, clothes washers and dryers with drain connections, or any other
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single fixture installation or replacement. In all cases fees shall accompany the application for permit and all fees shall be payable to the Town of Scituate.
The fee for a permit to construct a system of sewerage for the disposal of sewage on any lot shall be $5.00. The fee for a permit to alter or reconstruct any system of sewerage now in existence shall be $1.00.
ARTICLE XIII.
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 the following By-Laws as printed under Article 65. Unanimous Vote.
Approved May 28, 1956. George Fingold, Attorney General.
ARTICLE 66
Will the Town vote to amend the Zoning By-Laws by striking out the provisions of Section 1 and substituting a new Section 1, as follows:
SECTION 1 ESTABLISHMENT OF ZONES
1-1. Types of Zones
For the purpose of this by-law, the Town of Scituate is hereby divided into five 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" (General Business) "C" (Commercial)
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 "Supple- mentary 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
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hereby incorporated in and made a part of this by-law; "C" zones, 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.
and to further amend the Zoning By-Laws by striking out the first paragraph of Section 2, and by inserting a new heading for the remaining paragraph thereof, after the designation of the Section, as follows:
LOTS IN TWO ZONES
so that said Section will begin:
SECTION 2. LOTS IN TWO ZONES
VOTED: To so amend. Yes 170, No 40.
Approved May 28, 1956, George Fingold, Attorney General.
ARTICLE 67
Will the Town vote to amend the Zoning By-Laws by striking out the provisions of Sections 3 and 5, and substituting a new Sec- tion 3, as follows:
SECTION 3. 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 per- mitted 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 home, rectory or convent.
(3) Religious, sectarian or denominational educational use.
(4) Public school, or private school offering general edu- cational courses.
(5) Public or non-profit library, museum, art gallery or civic center.
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(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.
(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 containing 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 and from the exterior line of any street.
(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.
(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 addi- tional uses are permitted if authorized by the Board of Appeals:
(1) Nursery school or other agency for day care of chil- dren or private organized camp.
(2) Rest home, convalescent or nursing home.
(3) Cemetery, hospital, sanitorium, philanthropic or char- itable institution (but not including a correctional institu- tion) .
(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 (but not including motels) .
(7) Private garage for more than three automobiles.
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(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 and from the exterior of any street.
(9) Salesroom or stand for the display and sale of agricul- tural 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) 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.
(11) 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 lines and from the exterior line of any street.
(12) Any public use (including a public utility or com- munications use) not hereinafter specifically listed which is necessary for the service of the vicinity, or which requires a location within the zones for reasons of space or function.
3-3. 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, sub- ject to the same conditions as therein specified.
(2) Dwelling for two or more families.
(3) Store for the conduct of a retail business (but not including any use first specifically listed herein under "C" zone uses) .
(4) Showroom for building supplies, including plumbing, heating and ventilating equipment.
(5) Any of the following consumer, professional or com- mercial service establishments: barber or beauty shop, hand or self-service laundry, bicycle repair shop, clothing rental estab- ment, collection station for laundry or dry cleaning, dancing
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or music school, frozen food locker, funeral home, medical or dental laboratory, photographic studio, shoe or hat repair shop, shop for custom work by a dressmaker, milliner or tailor, television or household appliance repair shop, typewriter repair shop.
(6) Shop of a carpenter, cabinetmaker, electrician, job printer, painter, paperhanger, plumber, sign painter, or up- holsterer.
(7) Restaurant or other place for the serving of food or beverages.
(8) Office building, bank or other monetary institution.
(9) 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) Hotel or motel.
(2) Salesroom for automobiles, boats, trailers, trucks, machinery or farm implements and their accessories, or auto- mobile repair garage or service station.
(3) 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 in- cluding any use first specifically listed herein under "C" zone uses) .
c. Special Provisions
In a "B" zone, all uses permitted as of right or permis- sible on appeal and all uses accessory thereto, shall be con- ducted wholly within a completely enclosed 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) Outdoor dining areas accessory to a restaurant or hotel on the same premises, and serving only persons seated at tables.
(3) Parking lots for passenger automobiles.
(4) Exterior signs, as hereinafter permitted.
(5) Plants growing in the soil.
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3-4. 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" (Gen- eral Business) 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) Meeting hall for hire, indoor theater.
(4) Establishment for the sale of lumber or other building supplies, heating fuel, livestock feed, ice, fertilizer, or similar materials stored in bulk on the premises (but not including the storage of used or salvaged materials) .
(5) Establishment for repair of trailers, trucks, machin- ery or farm implements.
(6) Automobile repair garage or service station.
(7) Auto body or fender shop, provided that all work is conducted 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 garage for trucks, trucking yard or terminal.
(10) Wholesale distribution plant, cold storage plant, ma- terial storage yard, or warehouse (but not including the storage of used or salvaged materials, or explosives, or the wholesale storage of petroleum, petroleum products, or other inflam- mables) .
(11) Soldering or welding shop, shop for light metal fab- rication or blacksmith shop, provided that all work is conduct- ed within a completely enclosed building.
(12) Woodworking mill.
(13) Commercial bakery or dairy products plant.
(14) Accessory use as hereinafter limited and defined.
b. Uses Permissible on Appeal.
In a "C" zone, the following additional uses are permitted if authorized by the Zoning Board of Appeals:
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(1) Any other lawful business, service, distribution, or storage use similar to the uses hereinbefore listed in general character and in effect on adjacent property and improvements.
(2) Plant for light manufacturing, processing or assembly provided 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
Any business or commercial use conducted outside a com- pletely enclosed building (including open displays, storage, accessory 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.
3-5. Accessory Uses
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