USA > Massachusetts > Middlesex County > Acton > Town annual reports of Acton, Massachusetts 1946-1950 > Part 4
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ZONING BY-LAWS AND BUILDING BY-LAWS
A public hearing on the Zoning By-Laws and Building By-Laws was held on May 13, 1946 as required by law and these by-laws will be considered at the Annual Town Meeting, March 10, 1947. A copy of the proposed by-laws is sub- mitted as follows:
ZONING BY-LAW OF THE TOWN OF ACTON
This zoning by-law is for the purpose of promoting in the Town of Acton the health, safety, morals, convenience and welfare of its inhabitants, to lessen the dangers from fire, congestion and confusion, to maintain and improve prop- erty values and to encourage the most appropriate use of land in the Town.
Section I - Districts
1. Classes of Districts. For the purposes of this by-law the Town of Acton is hereby divided into the following four classes of districts :
a. Residence A
b. Residence B
c. Business
d. Industrial
Said districts are defined and bounded on the map which accompanies this by-law, entitled "Zoning Map of the Town of Acton" dated March 1, 1946, and filed in the office of the Town Clerk, which map, with the notations thereon, is hereby made a part of this by-law. In the event of any difference between scaled distance upon said map and distance as indicated by figures thereon, said figures shall govern.
2. Lots in Two Districts. When a district boundary line divides a lot in a single or joint ownership of record at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than thirty feet into the more restricted portion, provided the lot has frontage on a street in the less restricted district.
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Section II - Residence A District
In a Residence A District no building or premises shall be erected, altered or used for any purpose except :
1. Detached one family dwelling
2. Church
3. Farm (agricultural), including the sale of farm prod- ucts, the major portion of which are grown on the premises but excluding any farming use injurious, noxious, or offensive to the neighborhood.
4. Buildings or premises for municipal recreational or educational use.
5. Signs and bulletin boards :
a. Pertaining to the lease, sale or use of a lot or building on which placed and not exceeding a total area of 12 square feet.
b. Incidental to the permitted use of the lot or build- ing on which placed and not exceeding a total area of 12 square feet, provided, however, that the Board of Appeals may authorize larger signs for such purpose not exceeding a total area of 16 square feet.
6. Any existing single residence of 8 rooms or more which the owner finds has become uneconomical to maintain as such, may be changed into a two-family residence.
7. Accessory use on the same lot with, and customarily incident to, any of the above permitted uses, if not detrimental to the neighborhood, including the use of a room or rooms in a dwelling as an office or studio by a physician, dentist, lawyer, music teacher, hairdresser or similar professional person resident in the dwelling; provided, however, that the term "accessory use" shall not include :
a. The renting of rooms to more than 5 persons
b. Furnishing table board to more than 5 persons
c. Garage for more than 4 private automobiles
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d. Garage for more than 1 commercial vehicle (the term "commercial vehicle" shall not include farm and municipal vehicles)
8. Any of the following uses, upon the approval thereof by the Board of Appeals :
a. Cemetery
b. Garage for more than 4 automobiles
c. Garage for more than 1 commercial vehicle, but only when all the commercial vehicles are kept thereon as a strictly accessory use
d. Greenhouse or nursery
e. Club, tea room or tourist home .
f. Premises for raising or keeping more than three hundred poultry
g. Riding stable
h. Stone quarry
i. Removal of soil, loam, sod, or gravel
j. Hospital, convalescent home or sanitarium
k. Telephone exchange building, railroad stations, transformer stations, power plants, water pumping stations and reservoirs
1. Educational or philanthropic institutions
m. Ice harvest or ice storage or both
Section III - Residence B District
In a Residence B District no building shall be erected, altered or used for any purpose except :
1. Any use permitted in Residence A District
2. Two-family dwellings
3. Dwellings for three or more families, including apart- ment houses, if authorized by the Board of Appeals.
Section IV - Business District
In a Business District no building or premises shall be erected, altered or used for any purpose injurious, noxious or offensive to a neighborhood by reason of odor, fumes,
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dust, smoke, vibration, noise or other cause, nor for any purpose except :
1. Any use permitted in a Residence A or B District
2. Bank or office
3. Hotel or lodging house
4. Place of amusement or assembly
5. Restaurant
6. Newspaper or job printing
7. Retail business, service or public utility, not involving manufacture on the premises except of products the major portion of which are to be sold on the premises to the ultimate consumers thereof and further provided that not more than four operatives shall be employed in such manufacture.
8. Signs advertising goods or services offered by an occupant of the premises for sale, for hire, or use.
9. Any of the following uses, upon the approval thereof by the Board of Appeals :
a. Filling station, garage or storage of private auto- mobiles or commercial vehicles or both
b. Overnight or trailer camps
c. Kennels
Section V - Industrial District
In an Industrial District no building or premises shall be erected, altered or used except for manufacturing not in- jurious, noxious or offensive to a neighborhood by reason of the emission of odor, fumes, dust, smoke, vibration, industrial waste, noise or other cause, or for all uses permitted in Sections II, III, IV, hereof.
Section VI - Non-Conforming Uses
1. Continuing of Non-Conforming Uses. Any lawful building or use of a building or premises or part thereof existing at the time this by-law or any amendment thereto is adopted may be continued, although such building or use
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does not conform to the provisiors thereof, and such building or use may be extended, upon the approval thereof by the Board of Appeals, throughout the premises, provided such use has not previously been discontinued for a period of one year or more.
2. Change of Non-Conforming Uses. The Board of Appeals may permit any non-conforming use to be changed to any specified use not in its opinion more detrimental or objectionable to a neighborhood.
3. Limitation on Restoration. No non-conforming build- ing which has been damaged by fire or other cause to the extent of more than 80% of its assessed valuation shall be repaired or rebuilt except in conformity with this by-law unless the Board of Appeals so authorizes.
4. Temporary Uses. The Board of Appeals may permit a non-conforming temporary building or use incidental to the development of a neighborhood, such permit to be issued for an initial period of not more than two years and for renewal periods of not more than one year each.
Section VII - Area Regulations
1. Lot Size and Frontage. In a Residence District no building except a one-story building of accessory use shall be erected upon a lot having less than the following area and street frontage :
Frontage Area
Residence A District
150 ft. 40,000 Sq. Ft.
Residence B District
75 ft. 7,500 Sq. Ft.
provided that one building and its buildings of accessory use, may be erected on any lot which, at the time this by-law is adopted, is in single or joint ownership of record.
2. Front Yards. In a Residence District, no building or other structure shall extend nearer than thirty feet to a street line. In a Business or Industrial District no building or other structure shall extend nearer than fifteen feet to a street line. Where existing buildings in any District have established a set-back line less than permitted above, the
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Board of Appeals may permit a new structure to be erected in conformity with the line as so established.
3. Side and Rear Yards. In a Residence District no building except a one-story building of accessory use shall extend nearer than fifteen feet to a side lot line, or nearer than thirty feet to a rear lot line or nearer than twenty feet to another building. In a Residence District, no one-story building of accessory use shall extend nearer than six feet to a lot line or to another building unless one of said buildings has a fireproof or fire-resistant wall on the adjacent side. In a Business or Industrial District, no building other than a fireproof building shall extend nearer than ten feet to a lot line or to another building, unless the wall of said building facing such lot line or other building shall be constructed of or covered with a fireproof or fire resistant material.
4. Appurtenant Open Space. No yard or other open space required for a building by this by-law shall during the existence of such building be occupied by or counted as open space for another building.
5. Corner Clearance. Within the area formed by the lines of intersecting streets and a lire joining points on such lines fifteen feet distant from their point of intersection, or in the case of a rounded corner the point of intersection of their tangents, no structure other than a building and no foliage shall be maintained between a height three and one- half feet and a height eight feet above the plane through the curb grades of such streets.
6. Projections. Nothing herein shall prevent the pro- jection of steps, unroofed porches, cornices, window sills, belt courses and other ornamental features into any required yard.
Section VIII - Height Regulations
1. Residence District Heights. In a Residence District no building shall be erected or altered to exceed two and one- half stories in height unless it sets back from every street and lot line ten feet in addition to the requirements of Section VII. No building shall exceed three stories in height. Flat roofs shall be permitted only on single family dwellings not exceeding two stories in height.
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2. Business and Industrial District Heights. In a Busi- ness or Industrial District no building hereafter erected or altered shall exceed three stories or forty feet in height.
3. Measurement of Height. A habitable basement, hav- ing half or more of its height above the ground, or an attic shall be counted as a story, provided that a story with a sloping roof, the area of which story at a height of four feet above the floor does not exceed two-thirds the floor area of the story immediately below it, shall be counted a half-story.
The height of a building abutting on a street shall be measured from the mean curb grade of all the streets on which it abuts, and, if not abutting on a street, from the mean ground level along the side of the building which the authority granting the permit decides to be its principal front, to the mean height of that portion of the roof above the highest floor.
4. Height Exceptions. Chimneys, elevators, poles, spires, tanks and other projections not used for human occupancy may extend above the height limits herein fixed.
Section IX - Administration
1. Enforcement. The provisions of this by-law shall be enforced by the inspector of construction of the Town (here- inafter called "the inspector"). He shall issue a permit for the erection or alteration of any building, the intended use and characteristics of which are in all respects in conformity with the provisions of this by-law and all other by-laws of the Town. With each application to build, add to or alter a building there shall be filed with the inspector a plan showing the lot upon which the building is to be or is located, the area and location of which comply with the requirements hereof, and the boundaries of each open space appurtenant thereto, in sufficient detail to enable the inspector to determine the legal- ity hereunder of the proposed building, addition or alteration. A statement of intended use shall be filed with the applica- tion for a permit.
2. Certification of Occupancy. No premises, and no building or part thereof, hereafter erected or altered wholly or partly in use or structure or the open spaces pertaining
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to which are in any way reduced, shall be used until the inspector shall have certified on the building permit or, in case no permit is issued, shall have issued a certificate of occupancy, specifying the use to which the premises, or the building may be put upon being sufficiently completed to comply with all provisions hereof and other law's relating thereto.
3. Board of Appeals. Within thirty days after the adop- tion of this by-law, the Board of Selectmen shall appoint a Board of Appeals of five members for terms of such length and so arranged that one appointment shall expire each year, and two associate members appointed in like manner, which shall act on all matters within its jurisdiction under this by-law in the manner prescribed in Section 30 of Chapter 40 of the General Laws (Ter. Ed.), as amended, and under other by-laws of the Town in the manner prescribed by such rules and regulations as it may adopt, subject always to the rule that it shall give due consideration to promoting the health, safety, morals, convenience and welfare of the inhabi- tants of the Town, to lessening the dangers of fire and con- gestion, to improving property values and to encouraging the most appropriate use of land in the Town.
. 4. Other Regulations. Nothing in this by-law shall be construed as repealing or modifying any existing Town by-law, rule, regulation, or permit, but shall be in addition thereto.
5. Validity. The invalidity of any section or provision of this by-law shall not invalidate any other section or pro- vision thereof not manifestly inseparable therefrom.
BUILDING BY-LAWS OF THE TOWN OF ACTON
Section 1. Inspector and Deputy Inspectors.
An inspector of construction, hereinafter called "the in- spector", shall be appointed annually by the Board of Se- lectmen for a term of one (1) year or until his successor is appointed, and shall be subject to removal at any time by such Board. One or more deputy inspectors may be appointed at any time by such Board. Neither the inspector nor any
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deputy inspector shall inspect any construction in which he has any personal, professional or financial interest.
The term "inspector" as used herein shall wherever the context so admits be deemed to include a deputy inspector.
Section 2. Definitions.
The terms set out below as used in these building by-laws shall have the following meanings :
(a) "Multiple family house", any building or part thereof which is occupied or intended, arranged or designed to be occupied as the home of more than two families living independently of each other (a family may consist of one or more persons).
(b) "Public building", any building or part thereof used as a public or private institution, schoolhouse, church, theatre, special hall, public hall, miscellaneous hall, place of assembly or place of public resort, all as defined in Chapter 143 of the General Laws (Ter. Ed.) of The Commonwealth of Massa- chusetts, as amended.
(c) "Business establishment", any building or part thereof used for any industrial, manufacturing, mercantile, financial or hotel operations or wholesale or retail business or service of any nature, excluding however any such building a major portion of which is used and occupied as a dwelling.
(d) "Temporary structure", any temporary structure to be used for purposes of assembly, including platforms, stands, observation or circus seats and tents.
Section 3. Permits.
(a) Issuance and Denial. No multiple family house, public building, business establishment or temporary struc- ture wholly or in part within the limits of the town shall be erected, moved, structurally added to or altered in any way. until the inspector shall have issued a permit therefor. No such permit shall be issued by the inspector until a written application upon a form furnished by the inspector therefor and reasonably complete plans and specifications or a detailed
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description of the proposed work, in duplicate, shall have been filed with the inspector at least seven (7) days before such work is to be commenced. If the information furnished on such application and the plans and specifications or de- scription shall be found by the inspector to be in accord with accepted standards of engineering practice and in compliance with all requirements of the laws of the Town and of The Commonwealth of Massachusetts he shall issue promptly the permit so applied for. If the inspector denies an application for such a permit he shall notify the applicant promptly in writing of his reasons for such denial. It shall be unlawful for any person to use or occupy any building or structure in connection with which a permit is hereby required unless and until the inspector has issued such permit and has finally approved all work done thereunder and has certified in writing that such building or structure is, in his opinion, suitable for use and occupancy.
(b) Appeal from Denial. Any applicant aggrieved by the denial of an application for a permit or approval of the inspector as herein required or by restrictions or conditions imposed by the inspector upon the exercise of any permit issued by him may appeal to the Zoning Board of Appeals in the manner provided by the rules of such Board.
(c) Period of Permit. Any permit shall be void unless operations thereunder are commenced within six (6) months after the date of the permit, or if operations thereunder are discontinued for a period of more than six (6) months. The permit shall specify at what stages of the operations there- under the inspector shall be notified that the work is ready for inspection and no further work shall be done thereunder until such inspection has been made and such work has been approved by the inspector. Upon receipt of such notice the inspector shall promptly make such inspection as he may deem necessary.
(d) Fees. For each permit issued by the inspector a fee of Ten (10) Dollars shall be paid upon the issuance thereof and before such permit shall be effective.
Section 4. Structures for which Permits are necessary.
Provisions of these by-laws shall apply only to multiple family houses, business establishments, public buildings and
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temporary structures hereafter erected, moved, structurally added to or altered and shall not apply to buildings or struc- tures owned by the United States or by The Commonwealth of Massachusetts.
Section 5. Enforcement.
(a) Powers and Duties of Inspector. The inspector shall see that the provisions of these by-laws and, except as other- wise provided, those of the statutes of The Commonwealth of Massachusetts relating to multiple family houses, public buildings, business establishments and temporary structures are strictly observed; and to that end, with the approval of the Board of Selectmen, he shall have authority to institute any proceedings for the purpose of enforcing or preventing violations of the provisions thereof or enjoining the mainte- nance of any building or structure erected contrary thereto. The inspector shall inspect every building and structure in connection with which a permit is hereby required as often as necessary and also whenever requested by any person in interest. The inspector shall keep on file all applications for permits and one copy of all plans and specifications or de- scriptions submitted. No oversight nor neglect of duty on the part of the inspector shall legalize the erection, moving, struc- turally adding to or altering of any building or structure in connection with which a permit is hereby required in a manner not in conformity with the provisions of these building by-laws.
(b) General Inspection. The inspector shall have the right at reasonable times, in the performance of his duties, to enter, examine and inspect any premises, building or other structure within the town.
(c) Violations and Generalities. If any person violates any of the requirements of these building by-laws or any amendment thereof or of any permit issued hereunder he shall, except where otherwise provided by statute, be liable to a penalty not exceeding Twenty-five (25) Dollars for each violation thereof. The inspector, upon discovery of any such violation shall give notice thereof in writing to such person or to the owner of the premises where such violation occurs,
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and may order such person or owner to remove any part of a structure erected in violation thereof or to do such other acts as may be necessary in order to comply with the requirements of these building by-laws and of such permit. If after such notice such person or owner continues such violation or fails to obey such removal order of the inspector, the inspector may revoke the permit for the work in connection with which such violation occurred. It shall thereupon become unlawful for the owner or contractor to proceed with such work or to use or occupy said building in any way.
Section 6. Board of Appeal.
(a) Interest of Members. No member of the Zoning Board of Appeals, hereinafter called "the Board", shall act in any case in which he shall be interested personally, pro- fessionally or financially.
(b) Decisions. Every decision of the Board in respect to any appeal under the provisions of these building by-laws shall be in writing and shall require the assent of at least three (3) members and shall be permanently filed forthwith in the files of the inspector. The Board shall make such rules and regulations in regard to appeal to it as it may deem desirable. Any member of the Board, so far as may be necessary for the performance of his duties, shall have the right at reasonable times to enter into any building or upon any premises in the Town. If a decision of the Board shall reverse or modify any prior ruling of the inspector, the in- spector shall forthwith take such steps as may be necessary for compliance with such decision.
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ASSESSORS' REPORT - 1946
Tax assessed as follows :
Buildings, exclusive of land . $2,594,655.00
Land
635,225.00
Personal
486,910.00
$3,716,790.00
Valuation January 1, 1945
3,646,650.00
Increase in valuation
70,140.00
Rate of Taxation, $36.00
Real Estate $ 116,275.68
Personal Estate
17,528.76
Polls
1,406.00
$ 135,210.44
Amount of money raised :
State Tax $ 3,250.00
State Parks Tax
128.89
State Audit of Municipal Accounts
575.56
County Tax
6,415.61
Tuberculosis Hospital Assessment
715.10
Town Grant
121,602.78
Overlay
2,522.50
-$ 135,210.44
Added Assessments :
Polls
$178.00
Real Estate
324.00
Motor Vehicle and Trailer Excise :
Number of Vehicles assessed, 1253
Total Value of Motor Vehicles and Trailers $ 171,239.00
Rate of Excise, $35.40
Total Excise $ 5.173.32
Added Excise of 1945
112.64
ALBERT P. DURKEE CARL C. FLINT JAMES W. BAKER Board of Assessors.
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REPORT OF TAX COLLECTOR
1944 TOWN TAX
Uncollected Jan. 1, 1946 .$ 6,167.44
Interest 384.52
$ 6,551.96
Paid Treasurer
$ 6,290.30
Tax Titles
261.66
$ 6,551.96
1945 TOWN TAX
Uncollected Jan. 1, 1946
$ 17,813.22
Interest
315.23
$ 18,128.45
Paid Treasurer
$ 12,270.79
Abated
136.02
Tax Titles
295.48
Uncollected Jan. 1, 1947
5,426.16
$ 18,128.45
1946 TOWN TAX
Committed
. $116,599.68
Added
19.13
Interest
27.62
$116,646.43
Paid Treasurer
$ 98,323.42
Abated
270.00
Tax Titles
352.80
Uncollected Jan. 1, 1947
17,700.21
$116,646.43
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1944 PERSONAL TAX
Uncollected Jan. 1, 1946
$ 539.82
Interest
34.09
$ 573.91
Paid Treasurer
567.29
Abated
6.62
$ 573.91
1945 PERSONAL TAX
Uncollected Jan. 1, 1946
$ 1,877.30
Interest
39.85
$ 1,917.15
Paid Treasurer
$ 1,423.11
Uncollected Jan. 1, 1947
494.04
$ 1,917.15
1946 PERSONAL TAX
Committed
$ 17,528.76
Interest
1.03
$ 17,529.79
Paid Treasurer
$ 15,362.41
Abated
21.60
Uncollected Jan. 1, 1947
2,145.78
$ 17,529.79
1944 POLL TAX
Uncollected Jan. 1, 1946
.
$ 24.00
Interest
1.49
Cost
1.75
$ 27.24
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Paid Treasurer
$ 25.24
Abated
2.00
$ 27.24
1945 POLL TAX
Uncollected Jan. 1, 1946
$ 180.00
Interest
2.08
Cost
5.95
$
188.03
Paid Treasurer
$ 100.03
Abated
14.00
Uncollected Jan. 1, 1947
74.00
$
188.03
1946 POLL TAX
Committed
$ 2,016.00
$ 2,016.00
Paid Treasurer
$ 1,136.00
Abated
190.00
Uncollected Jan. 1, 1947
690.00
$ 2,016.00
1944 EXCISE TAX
Uncollected Jan. 1, 1946
. $ 123.63
Interest
10.85
$ 134.48
Paid Treasurer
$ 125.07
Abated
9.41
.
$ 134.48
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1945 EXCISE TAX
Uncollected Jan. 1, 1946
$ 721.97
Added
.09
Committed Jan., 1946
112.64
Interest
10.66
$
845.36
Paid Treasurer
.
$ 661.99
Uncollected Jan. 1, 1947
183.37
$ 845.36
1946 EXCISE TAX
Committed
$ 5,173.32
Interest
1.16
$ 5,174.48
Paid Treasurer
.$ 4,266.20
Abated
23.60
Uncollected
884.68
$ 5,174.48
SUMMARY OF COLLECTOR'S REPORT
Total Debits
1944 Town Tax $ 6.551.96
1945 Town Tax
18,128.45
1946 Town Tax 116,646.43
1944 Personal Tax
573.91
1945 Personal Tax
1,917.15
1946 Personal Tax
17,529.79
1944 Poll Tax
27.24
1945 Poll Tax
188.03
1946 Poll Tax
2,016.00
1944 Excise Tax
134.48
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1945 Excise Tax
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