USA > Massachusetts > Plymouth County > Mattapoisett > Town annual report of the officers of Mattapoisett, Mass 1951 > Part 26
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Article 46. To see if the Town will vote to raise and appropriate a sum of money for a series of Aerial Sprays for Pest Control Work. (Selectmen).
Article 47. To see if the Town will vote to raise and appropriate a sum of money not to exceed $1,500.00 to purchase and install street signs.
Article 48. To see if the Town will vote to raise and appropriate $1,500.00 for the purchase of pipe (15 inch) and for labor to be used at the lower end of the Town Brook at Pico Beach. (Selectmen).
Article 49. To see if the Town will vote to raise and appropriate a sum of money for the purchase of pipe and for labor, to pipe the drain from the Main Street (Town Hall) to the Creek or take any action in relation thereto.
Article 50. To see if the Town will vote to raise and appropriate a sum of money to resurface Reserva- tion Road starting at Fairhaven Road approximately 400 feet to eliminate hazards, stones, and ruts caused by water pipe installation.
Article 51. To see if the Town will vote to raise and appropriate the sum of $2,500.00 to resurface Long Plain Road (so called) starting at the end of the previous project and continuing northerly. (By Pe- tition) .
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FINANCE COMMITTEE RECOMMENDATIONS
Article 46. We recommend that $1,350.00 be raised for the accomplishment of this work.
Article 47. We recommend that no action be taken under this article, which would cost $1,500.00.
Article 48. We recommend that $1,500.00 be raised for this project.
Article 49. We recommend that this article be tabled until such time as it is possible to observe the ef- fect of the work that should be done under Article 66. It would cost $1,000.00.
Article 50. We recommend that no action be taken under this article. It would cost $1,100.00.
Article 51. We recommend that $2,500.00 be raised under this article.
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Article 52. To see if the Town will vote to raise and appropriate an additional sum of $2,500.00 to con- tinue (northerly) the widening and resurfacing of Crystal Spring Road. (By Petition).
Article 53. To see if the Town will raise and appropriate or otherwise provide the sum of money for the purpose of reconstructing and drainage of the section of Acushnet Road near the residence of Alfred Faria to take care of the water condition from the hill which accumulates in cellar of Mr. Faria.
Article 54. To see if the Town will vote to raise and appropriate a sum of money to resurface the Bow- mand Road (so called) .
Article 55. To see if the Town will vote to ap- propriate the sum of $2,600.00 to build a new side- walk on the north side of Water Street from Cannon Street to Barstow Street. (By Petition) .
Article 56. To see if the Town will vote to raise and appropriate a sum of money for extending the present Voting Room in the rear of the Ambulance Room, to comply with the General Law.
Article 57. To see if the Town will vote a sum of money to be taken from the Post War Rehabilitation Fund to be used in Veterans of Mattapoisett Memorial Park for the following purposes :
1) For improving the grounds.
2) Riprapping to prevent further erosion.
3) Erecting a comfort station.
(By the Committee.)
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FINANCE COMMITTEE RECOMMENDATIONS
Article 52. We recommend that no action be taken under this article until such time as the Highway Surveyor shall have performed the work on Crys- tal Spring Road which was voted at the last an- nual town meeting.
Article 53. We recommend that $300.00 be raised for this purpose.
Article 54. We recommend no action under this article.
Article 55. We recommend that this article be tabled until such time as the project is more necessary.
Article 56. We recommend no action under this art- icle since the space now available in the schools, etc., makes it unnecessary. It would cost $1,800.00.
Article 57. We recommend that $1,000.00 of such funds be used to assist in the prevention of ero- sion at the Park. The full project would come to $3,600.00.
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Article 58. To see if the Town will vote to lay 500 feet of 6 inch water main from its present ending on the Ned's Point Road (so called) ; and lay a ser- vice pipe into the Veterans of Mattapoisett Memorial Park, and raise and appropriate $1,950.00 for the same.
Article 59. To see if the Town will vote to raise and appropriate $1,100.00 for the purpose of repairing the tower on the north side of the Town Hall or take any action in relation thereto. (Selectmen) .
Article 60. To see if the Town will vote to auth- orize the Selectmen to have the tower on the north side of the Town Hall taken down, and will raise and appropriate $2,000.00 for the same, or take any action any action in relation thereto. (Selectmen) .
Article 61. To see if the Town will vote to pur- chase or take by eminent domain any or all land lo- cated in the Town of Mattapoisett, owned by the New York, New Haven & Hartford Railroad, or act any- thing thereon or thereunto.
Article 62. To see if the Town will vote to in- struct the Selectmen to petition the Plymouth County Commissioners for a layout of the Mattapoisett Neck Road.
Article 63. To see if the Town will vote to raise and appropriate a sum of money for the purchase and equipping of a 30 watt Base Radio Station in the Police Department.
Article 64. To see if the Town will vote to a- dopt the system of numbering houses and house lots
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Article 58. We recommend that this article be tabled.
Article 59. We recommend that this article be tabled since we suggest the adoption of the following article.
Article 60. We recommend the raising of $2,000.00 for this purpose to eliminate a constant drain of useless repairs.
Article 61. We will present our recommendation at the Town Meeting.
Article 62.
Article 63. At the time of printing we do not have full information under this article, but do not be- lieve that it would cost more than $875.00.
Article 64. We recommend the raising of $100.00 for this article.
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in the Town as per plan on hand in the Selectmen's Office and to raise and appropriate a sum of money to continue this plan.
Article 65. To see if the Town will vote to raise and appropriate a sum of money as the Town's share for Black Top and maintenance of one or two side- walks on Route 6, State Highway, when the new High- way construction is built, or take any action in rela- tion thereto. (Selectmen) .
Article 66. To see if the Town will vote to raise and appropriate a sum of money as the Town's share of diverting the drainage of surface water from the Baptist Street Brook (so called), along the State High- way, Route 6, to the Dexter Elm Brook (so called), or take any action in relation thereto. (Selectmen).
Article 67. To see if the Town will vote to sell any or all of the North Street Gravel Pit not in use, and that the Selectmen be and are hereby authorized to sign, seal and acknowledge in the name of the Town a quitclaim deed for the sale of said North Street Gravel Pit.
Article 68. To see if the Town will vote to grant a vacation of not more than two weeks during each year of their employment without loss of pay to all persons regularly employed by the Town for more than one year, or take any action in relation thereto.
Article 69. To see if the Town will vote to ac- cept the layout of Ocean Drive in that part of Matta- apoisett called Grande Vue, in accordance with Chap-
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FINANCE COMMITTEE RECOMMENDATIONS
Article 65. We recommend that this article be tabled. The full project would cost the Town $37,000.00.
Article 66. We recommend that $7,000.00 be raised for the purpose of this article provided that the State contribute an equal amount to the project.
Article 67. We recommend that no action be taken under this article pending a report from a com- mittee appointed under Article 20.
Article 68.
Article 69. We recommend that $100.00 be raised for this purpose.
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ter 79 of the General Laws, as per plan and layout with boundaries and measurements thereon, filed in the office of the Town Clerk, and raise and appropri- ate the sum of $100.00 for the bounding of same, or act anything thereon or thereunto.
Article 70. To see if the Town will vote to ac- cept the layout of an extension of Pearl Street, in that part of Mattapoisett called Mattapoisett Center, in accordance with Chapter 79 of the General Laws, as per plan and layout with boundaries and measure- ments thereon, filed in the office of the Town Clerk, and raise and appropriate the sum of $50.00 for the bounding of same, or act anything thereon or there- unto.
Article 71. To see if the Town will vote to ac- cept the layout of an extension of Depot Street, in that part of Mattapoisett called Mattapoisett Center, in accordance with Chapter 79 of the General Laws, as per plan and layout with boundaries and measure- ments thereon, filed in the office of the Town Clerk and raise and appropriate the sum of $50.00 for the bounding of same, or act anything theron or thereunto.
Article 72. To see if the Town will vote to ac- cept the alteration of Baptist Street, in that part of Mattapoisett called Mattapoisett Center, in accordance with Chapter 79 of the General Laws, as per plan and layout with boundaries and measurements thereon, filed in the office of the Town Clerk and raise and ap- propriate the sum of $50.00 for the bounding of same, or act anything thereon or thereunto.
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FINANCE COMMITTEE RECOMMENDATIONS
Article 70. We recommend that $50.00 be raised for this purpose.
Article 71. We recommend that this article be tabled.
Article 72. We recommend that $50.00 be raised for this purpose.
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Article 73. To see if the Town will vote to ac- cept the layout of an extension of Foster Street in that part of Mattapoisett called Cannonville, in accordance with Chapter 79 of the General Laws, as per plan and layout with boundaries and measurements thereon, filed in the office of the Town Clerk and raise and ap- propriate the sum of $50.00 for the bounding of same, or act anything thereon or thereunto.
Article 74. To see if the Town will vote to raise and appropriate the sum of $200.00 to defray the cost of engineering and laying out of streets listed in Art- icles 69-70-71-72-73.
Article 75. To see if the Town will vote to raise and appropriate a sum of money to pay any land dam- age awards made necessary by Articles 69-70-71-72-73.
Article 76. To see if the Town will vote to raise and appropriate or otherwise provide a sum of money, said sum to be used in conjunction with any money to be alloted by the State or County or both under pro- visions of Chapter 91 of the General Laws for improve- ments at the Public Bathing Beach or take any other action in relation thereto or thereunto.
Article 77. To see if the Town will vote to raise and appropriate a sum of money not to exceed $46,000.00, said sum of money to be used in conjunc- tion with any funds which might be provided by the State, by taking $6,000.00 from the Tax Levy of 1954 and the balance of $40,000.00 to be raised by borrow- ing in accordance with provisions of Chapter 44 of the General Laws for the following purposes:
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Article 73. We recommend that this article be tabled.
Article 74. We recommend that $200.00 be raised for this purpose.
Article 75. We recommend that $300.00 be raised for this purpose.
Article 76. We recommend that this project not be undertaken. Its cost to the Town is estimated at $1,250.00. The permanence of such work is at best doubtful and, if Article 77 is adopted, it is probably unnecessary.
Article 77. We will make our recommendation at Town Meeting.
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1) Constructing a channel into Eel Pond (so called)
2) Constructing an 800' by 1,000' mooring basin in the Eel Pond to a depth of 6'
3) Placing a rip-rap revetment at proposed inlet
4) Constructing a 1,000' public bathing beach nearby
and to determine how said money shall be raised or to take any other action thereon or thereunto.
Article 78. To see if the Town will assume lia- bility in the manner provided by Section 29 of Chapter 91 of the General Laws, as amended by Chapters 516 and 524, Acts of 1950, for all damages that may be in- curred by work to be performed by the Department of Public Works of Massachusetts for the improve- ment, development, maintenance and protection of tidal and non-tidal rivers and streams, harbors, tide- waters, foreshores and shores along a public beach outside of Boston Harbor, including the Merrimack and Connecticut Rivers, in accordance with Section 11 of Chapter 91 of the General Laws, and authorize the Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth. (Selectmen) .
Article 79. To see if the Town will vote to ac- cept the proposed Zoning Laws and Zoning Map dated December 29, 1953, as submitted by the Planning Board. (Planning Board).
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Article 78.
Article 79.
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ZONING BY-LAWS
SECTION 1.
To promote the health, safety, morals, conven- ience and general welfare of its inhabitants, to lessen the danger from fire, congestion and confusion, and to improve and beautify the town of Mattapoisett under the pursuant to the provisions of General Laws, Chap- ter 40, Sections 25 to 30 inclusive, and all additions and amendments thereto, the use, area, construction, repair and the use of premises in said town are hereby restricted and regulated as hereinafter provided.
SECTION 2.
Definitions
In this by-law the following terms shall have the meanings here assigned to them;
(a) A Family: Any number of individuals living and cooking together on the premises as a single housekeeping unit.
(b) A One-Family House: A detached dwell- ing designed for and occupied by a single family.
(c) Semi-detached House: Two single family dwelling units seperated by a fire resisting division wall or partition with no openings, constructed with a non-combustible finish on both faces, and with a solid fill non-combustible material between the structural members of the wall or partition.
(d) A Two-Family House: A detached dwelling designed for two families.
(e) A Dwelling : Any building used in whole or in part for habitation.
(f) Apartments : A dwelling for more than two families, or for one or more families over any non- residential use.
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(g) Any Accessory Use or Building: A use of land or a building customarily incident to and located on the same lot with another use of land or a building.
(h) A non-conforming Use or Building: An ex- isting use of land or a building which does not conform to the regulations for the district in which such use of land or building exists.
(i) Automobile Repair Shop: A repair shop for automobiles where power driven machinery is used, electric or acetylene gas welding, cleaning by explosive sprays and similar activities of an objectionable and hazardous nature.
(j) A Lot: A lot is that area of land described in the application for a permit.
(k) Building Inspector: To be appointed by the board of Selectmen.
USE REGULATIONS
SECTION 3.
For the purpose of this by-law, the Town of Mattapoisett into five types of districts designated as;
1. Single Residence Districts.
2. General Residence Districts.
3. Apartment Districts.
4. Business Districts.
5. Industrial Districts.
Said districts are as shown, defined and bounded on the map accompanying this by-law entitled, The Zoning Map of Mattapoisett, dated December 1953, signed by the planning Board and on file with the Town Clerk and said may and all explanatory matter thereon are hereby made a part of this by-law.
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SECTION 4.
Single Residence Districts
In single residence districts, subject to the provi- sions of Section 11 and no new building or structures and no alteration, enlargement or extension of an ex- isting building or structure shall be designed, arranged and/or constructed, and no land, buildings, structures, or parts thereof shall be used, except for one or more of the following purposes :
1. One family detached houses.
2. The taking of boarders or the leasing of rooms by a family resident on the premises.
3. Churches, schools, public libraries, public mu- seums, parish houses, and, subject to the pro- visions of Section 15, the following : hospitals, sanitoriam and philanthropic institutions.
4. Private clubs not conducted for profit.
5. Parks, playgrounds, municipal recreation buildings, water towers and reservoirs.
6. Farms, greenhouses, nurseries and truck gar- dens, and the sale of produce raised on the premises, under conditions prescribed by the Selectmen.
6a. The removal for sale, or the bulk removal from premises for any purpose of sod, loam, topsoil, clay, sand, gravel, or stone, only with a permit issued with the approval of the Selectmen as provided in Section 15. This restriction shall not apply to such removal when incidental to the construction of a building for which a per- mit has been issued.
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7. Real estate signs of not over six square feet in area, advertising the sale or rental of only the premises on which they are located, and bulletin boards accessory to uses specified in 3 and 5 of this section.
8. Passenger stations.
9. Such accessory uses as are customarily inci- dental to any of the above uses, subject to the provisions of Section 10.
10. Semi-detached Houses, subject to the area limitations set forth in Section 9.
SECTION 5.
General Residence Districts
In General Residence Districts, subject to the pro- visions of Sections 11 and 12 no building or structure and no alteration, enlargement or extension of an ex- isting building or structure shall be designed, arranged and/or constructed, and no land, buildings, structures or parts thereof shall be used except for one of the fol- lowing purposes :
1. Any purpose enumerated in Section 4, sub- ject, as stated in Section 4, to the provisions of Section 15.
2. Semi-detached and two family dwellings.
3. Boarding houses and hotels, subject to the provisions of Section 15.
4. Telephone exchange or other public service, provided there is no service yard or garage and subject to the provisions of Section 15.
.
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Apartment houses, subject to the provisions of Section 15 and of all other laws and by-laws regulat- ing apartment houses.
SECTION 6 Business Districts
In business districts, subject to the provisions of Sections 11 and 12, no building or structure and no al- teration, enlargement or extension of existing build- ings or structures shall be designed, arranged and/or constructed, and no land, buildings, structures, or parts thereof shall be used except for one or more of the following purposes :
1. Any purpose enumerated in Sections 4 and 5 and subject as provided in Sections 4, 5 and to the provisions of Section 15.
2. Retail stores and shops for custom work or the making of articles to be sold at retail on the premises.
3. Manufacturing clearly incidental to a retail business lawfully conducted on the premises shall be permitted in a business district, omit- ting all that is in any way offensive, a nuis- ance or hazardous.
4. Offices, business or professional, and banks.
5. Restaurants and other places for serving food.
6. Place of business of a baker, barber, caterer, clothes cleaner and presser, confectioner, dec- orator, dressmaker, dyer, electrician, florist, furrier, hairdresser, hand laundry, manicur- ist, milliner, news-dealer, optician, painter, paperhanger, photographer, printer, publish- er, shoe maker, shoe repairer, shoe shiner,
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tailor, upholsterer, and, as provided in Sec- tion 15, the following: Blacksmith, builder, carpenter, mason, plumber, roofer, tinsmith, upholsterer, undertaker, and any use which the Selectmen, after a hearing as provided in Section 15, may decide to be of like nature to any of the above and no more injurious in the district it seeks to go.
7. Theatres, moving picture shows, bowling al- leys, skating rinks, billiard rooms and similar commercial amusement places, subject to the provisions of Section 15.
8. Gasoline and oil stations, garages for storage,
salesrooms for motor vehicles, and stables, subject to the provisions of Sections 14 and 15.
9. Billboards as regulated by law and by-laws.
SECTION 7. Industrial Districts
In industrial districts, subject to the provisions of Sections 11 and 12, no building or structure and no al- teration, enlargement or extension of an existing build- ing or structure shall be designed, arranged and/or constructed , and no land, buildings, structures or parts thereof shall be used except for one of the following purposes :
1. Any purpose permitted under Sections 4, 5, and 6, subject, as stated in Sections 4, 5, and 6 to the provisions of Sections 14 and 15.
2. Lumber, fuel feed and ice establishments, con- tractors' yards and automobile repair shops, subject to the provisions of Sections 14 and 15.
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3. Light manufacturing, employing electricity and/or other unobjectionable motive power, utilizing hand labor and/or unobjectionable machinery and/or processes and free from neighborhood disturbing odors and/or other agencies.
Notwithstanding the provisions of this Section or of Section 15, no use shall be permitted which would be offensive because of injurious or obnoxious noise, vibration, smoke, gas, fumes, odors, dust or other ob- jectionable features or be hazardous to the community on account of fire or explosion or any other cause. No permit shall be granted under this or any other Section for any use which would prove injurious to the safety or welfare of the neighborhood into which it proposes to go, and destructive of property values, because of any excessive nuisance qualities.
In granting permits under this sectin the nature of the neighborhood and the nature of the proposed industry shall be considered and the effects of the industry on the neighborhood shall be carefully weighed. If the industry would in any way injure the neighborhood a permit shall be refused. Where a permit is granted all conditions which will protect the neighborhood shall be imposed and made a part of the permit.
HEIGHT REGULATIONS
SECTION 8
Residence Districts
(a) The limit of height in all residence districts shall be two and one half stories, not to exceed thirty five feet, except that apartment houses may be three stories and not over forty feet.
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(b) The limitations of height in feet shall not apply to chimneys, ventilators skylights, tanks, bulk- heads, penthouses, and other necessary features usually carried above roofs, nor to towers or spires of churches and other buildings, if such features are in no way used for living purposes.
Area Regulations SECTION 9
In residence districts as provided in Sections 4 and 5, land laid out after the adoption of this by-law shall provide for each family the following minimum lot areas:
In a one-family house not under 6,000 square feet per family.
In a semi-detached house, not under 4,500 square feet per family.
In a two-family house, not under 4,000 square feet per family. Lots shown on any plan duly recorded at the time this by-law is adopted may be used, provided that all requirements in regard to yards are fulfilled, with such exceptions as are provided in Section 20 (c).
Yards SECTION 10
Front Yards
In residence districts and neighborhood store dis- tricts, as indicated on the map, there shall be provided in front of every building a front yard of at least twenty feet in clear depth between the building and the lines of the way or ways on which the building lot abuts, and no new building or structure shall be constructed and no building or structure shall be moved, altered,
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reconstructed or enlarged so that a front yard less in clear depth shall result. Projecting eaves and un- covered steps shall not be considered as coming within the meaning of this section.
Where to an extent of fifty per cent of the front- age space between two intersecting streets, or in a space of one hundred feet in both directions on the same side of a street, front yards of greater uniform depth than twenty feet have been established, by com- mon agreement, or by private building restrictions, or through common usage, such front yards shall, not- withstanding any other provisions of this by-law, be and remain the front yard space for such street or por- tion of street. Where in a similar space there is a variety in depth, all being above twenty feet, the mini- mum shall remain the required front yard depth.
Back Yards
Behind every dwelling there shall be provided a back yard between the rear line of the house and the rear lot line, not less than thirty feet in depth. Back yards may contain accessory buildings not over one story high and covering not over twenty per cent of the area of the back yards.
Side Yards
At each side of every dwelling there shall be a side yard not less than ten feet in clear width between the side of the house and the side lot lines, or between the side lot lines and any attached or semi-detached structure for accessory use, if said accessory structure is placed or maintained in an area between the street lot line and the rear line of the house.
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