USA > Massachusetts > Essex County > Saugus > Town annual report of the officers and committees of the town of Scituate 1955-1957 > Part 3
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(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.
(6) Parking lot for passenger automobiles.
(7) Accessory use as hereinafter limited and defined.
B. Uses Permissable 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 permissable on appeal in "A-1," "A-2," and "A-3" (Residence) zones, subject to the same conditions as there- in 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 general character, extent of business hours, number of persons or cars to be attracted, and in effect on adjacent property and improve- ments (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 consumer on his person or in his automobile.)
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C. Special Provisions.
In a "B-1" zone, all uses permitted as of right or permissable on appeal, shall be conducted 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) 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 permissable 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 there- in specified.
(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 samples 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 herein- after provided.
(9) Any of the following consumer, professional or commercial serv- ice establishments: bicycle repair shop, blue printing estab- lishment, 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.
(10) Shop of a carpenter, cabinet maker, electrician, painter, paper hanger, plumber, sign painter, or upholsterer, with not more
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than 5,000 square feet of floor area per establishment used for work and storage.
(11) Restaurant or other place for the serving of food or beverages with or without dancing and entertainment.
(12) Office building, bank or other monetary institution.
(13) Bowling alley or dance hall with not more than 5,000 square feet of floor area per establishment, theater, billiard parlor or pool hall.
(14) Printing or publishing establishment with not more than 5,000 square feet of floor area per establishment used for production.
(15) Accessory use as hereinafter limited and defined.
B. Uses Permissable 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 ve- hicular 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.
C. Special Provisions
In a "B" zone, all uses permitted as of right or permissable 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 goods from inside a completely enclosed building to persons standing outside or seated in their automobiles on the premises.
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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 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) Place of amusement or assembly.
(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.
(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 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 gar- arge for trucks, trucking yard or terminal.
(10) Wholesale distribution plant, cold storage plant, material stor- age yard, or warehouse, (but not including the storage of ex- plosives, or the wholesale storage of petroleum, petroleum prod- ucts, or other inflammables).
(11) Powder laundry, dry cleaning or dyeing works, carpet or rug cleaning plant.
(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 Permissable 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, provided that such use is not dangerous to the neighborhood through
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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 outside a completely enclosed building (including open displays, storage, regular parking of commercial vehicles, and service or manufacturing operations) shall, if visable 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 para- graph 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 or other structure:
(1) Whose use is customarily in connection with the principal building, 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.
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(2) Private greenhouse, stable, tool shed, playhouse, tennis court, boat house, or other similar building or structure for domestic enjoyment or household 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 before construction in the particular space to be occupied by the foun- dation 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 prem- ises is regularly employed thereon 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 (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, 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 principal 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.
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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 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, provided 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 building, shall be permitted for each separate and distinct principal use on the premises.
3-8. Site Plan Approval.
A. Required Approval in Business and Commercial Zones.
In a "B-1," "B," and "C" zone, no business or commercial build- ing 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
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for surface water drainage, and all landscape features (such as fences, walls, planting areas and walks) on the lot. Any person de- siring approval of a site plan under this paragraph shall submit said plan to the Town Building Commissioner, 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 prem- ises, 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 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 pedistrian 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.
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 de- signed, arranged or constructed for, or occupied by, one or more 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," or "B" or "C" zone.
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(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 dwell- ing or operated by a government agency.
SECTION 4. NON-CONFORMING BUILDINGS AND USES
4-1. Buildings and Uses Already in Existence.
Any lawful building or 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 sub- stantially 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 des- troyed by accidental causes may be repaired, reconstructed or re- stored within the same portion of the lot and used as before, pro- vided that such repair, reconstruction or restoration is completed within two years of said damage or destruction.
SECTION 5. 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
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height between eaves and ridge for gable, hip and gambrel roofs. 5-2. Height Protection.
Chimneys, spires, towers and other projections not used for human occupancy, whether constituting separate structures or at- tached to buildings, may be constructed above the height limita- tions 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 here 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 30 ft.
Required Side Yard Distance 15 ft.
Required Rear Yard Depth
Zone "A-1" and "A-2"
8 ft. for one-story detached accessory build- ings; 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.
"B-1" "B" and "C"
30 ft.
8 ft. for
dwellings;
20 ft. for dwellings; 8 ft. for all other buildings.
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 for such line of the buildings on the same side thereof between two inter- secting 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 considered as though occupied by a building set back thirty feet.
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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 lo- cated 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 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 6-1, as Follows:
Required Lot Area Required Lot Width
10,000 square feet 100 feet
Zone "A-3" and "B-1"
"B" and
10,00 square feet for each 100 feet
family occupying the dwelling
SECTION 7-12. (No Change)
VOTED: Yes 209, No 188. Vote was short of required 2/3 vote.
ARTICLE 53
Will the Town vote to designate as "Section 13" 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 13 the following:
Appeals may also be taken to the Board of Appeals, in the time and manner hereinbefore prescribed, by any other
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person aggrieved by an order or decision of any adminis- trative 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 work- ing in the vicinity or injurious to property or improve- ments in the vicinity.
Where authorization by the Board of Appeals is re- quired under this by-law, the Building Commissioner 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 vi- cinity, it shall impose such conditions and make them a part of the authorization.
Withdrawn by unanimous consent.
ARTICLE 54
Will the Town vote to designate as Zone "B-l" 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 casterly from and parallel to the easterly line of Central Avenue.
Withdrawn by unanimous consent.
ARTICLE 55
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 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.
VOTED: Yes 114, No 178.
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ARTICLE 56
Will the Town vote to designate as Zone "C" an area in Greenbush bounded as follows:
Westerly by the right-of-way of the New York, New Haven and Hartford Railroad,
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;
then 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 Burnham 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 to the right-of-way of the New York, New Haven and Hartford Railroad.
Withdrawn by unanimous consent.
ARTICLE 57
Will the Town vote to designate as Zone "B" an area in Green- bush bounded as follows:
Beginning at the extreme southerly point of the present "B" zone in Greenbush at the New York, New Haven and Hartford Railroad right-of-way, and
thence running in a southerly direction along said right-of-way to the First Herring Brook, so-called;
thence turning and running in a general westerly direction by the thread of the First Herring Brook and continuing westerly by a thread of a tributory brook en- tering First Herring 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.
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