USA > Massachusetts > Middlesex County > Acton > Town annual reports of Acton, Massachusetts 1956-1960 > Part 18
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Total Vote : 121. Yes-49; No-72. (Needed - 81).
Article 9. (Recreation Commission) To see if the Town will vote to authorize the Board of Selectmen to appoint a Commission to be known as the Recreation Commission, said Recreation Commission to be composed of five members, and of the members first appointed, one is to serve for one year, one is to serve for two years, two are to serve for three years, and one is to serve for four years, and there- after appointments are to be for four year terms, said Com- mission to study, conduct and promote recreations, play, sport and physical education, or take any other action rela- tive thereto.
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Voted unanimously: To authorize the Board of Select- men to appoint a Commission to be known as the Recreation Commission, said Recreation Commission to be composed of five members, and of the members first appointed, one is to serve for one year, one is to serve for two years, two are to serve for three years, and one is to serve for four years, and thereafter appointments are to be for four year terms, said Commission to study, conduct and promote recreations, play, sport and physical education.
Appointed : Frederick T. Heyliger, Margaret J. Lundberg, Earl F. Hayward, Jr., Patience H. MacPherson and Nicholas Albanese. Voted to adjourn at 10:05 P. M.
A true copy. Attest :
CHARLES M. MacRAE, Town Clerk.
RECORD OF SPECIAL TOWN ELECTION HELD JULY 22, 1957
Pct. 1 Pct. 2
Pct. 3 Total
Whole number of votes cast 202 185
400
787
SELECTMAN, three years To fill unexpired term ending March 1960
Edward N. Hurley 29
28
76
133
James Edward Kinsley
63
73
113
249
Martin S. Meigs, Jr.
109
84
211
404
Sworn by Town Clerk, July 23, 1957
Scattered
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ABSTRACT OF THE PROCEEDINGS OF THE SPECIAL TOWN MEETING SEPTEMBER 30, 1957
Article 1. (Elementary School) To see if the Town will vote to appropriate the additional sum of $95,000.00 for the constructing and originally equipping and furnishing of an Elementary School Building, said sum to be added to
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the appropriation of $780,000.00 previously appropriated for the same purposes under Article 14 of the warrant for the Town Meeting held March 11, 1957 and adjourned to March 18, 1957, and that said sum be raised by borrowing by bonds or notes under authority of Chapter 44, Section 7 of the General Laws, Ter. Ed., as amended, or take any other action relative thereto.
Tellers appointed by Moderator: Raymond Letts, Edward Bailey, Arthur Decker, James P. Hunt.
Voted: To appropriate the additional sum of $70,000.00 for the constructing and originally equipping and furnishing of an Elementary School Building, said sum to be added to the appropriation of $780,000.00 previously appropriated for the same purposes under Article 14 of the warrant for the Town Meeting held March 11, 1957 and adjourned to March 18, 1957, and that said sum be raised by borrowing by bonds or notes under authority of Chapter 44, Section 7 of the General Laws, Ter. Ed., as amended.
Hand vote. Total votes-85. Yes-77; No-8.
Article 2. (Veterans' Benefits) To see if the Town will vote to appropriate from the Surplus Revenue Account the sum of $2,000.00, or any other sum, to the Veterans' Bene- fits Account, or take any other action relative thereto.
Voted unanimously: To appropriate from the Surplus Revenue Account the sum of $2,500.00 to the Veterans' Bene- fits Account.
Article 3. (Machinery Account) To see if the Town will vote to transfer the sum of $875.00 from the Machinery Fund to the Machinery Account, or take any other action relative thereto.
Voted unanimously : To transfer the sum of $875.00 from the Machinery Fund to the Machinery Account.
Meeting adjourned at 8:23 P. M.
CHARLES M. MacRAE, Town Clerk.
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ABSTRACT OF THE PROCEEDINGS OF THE SPECIAL TOWN MEETING NOVEMBER 4, 1957
The Moderator asked unanimous consent to omit the reading of certain articles and refer to them by subject matter. There was no opposition to this request.
Article 1. (Zoning) Voted: To amend the Protective Zoning By-Law of the Town of Acton by rezoning from residential to business the property at 39 Main Street, South Acton, owned by Fraser Laffin, said property fronts approxi- mately 487 feet along the Easterly side of Main Street with an approximate depth of 400 feet.
Moderator appointed the following tellers: Peter Smoltees, Theron Lowden, Frederick Harris, John Dagdigian, Henry Engman and Frederick Heyliger.
Total ballots cast: 258. Yes-188; No -70.
Article 2. Motion : To amend the Protective Zoning By-Law of the Town of Acton by rezoning from residen- tial to industrial the property between Route #27 in South Acton and the Boston and Maine right of way, said property being in the form of a triangle starting at the Maynard-Acton line, running Northerly along Route #27 for approximately 1,250 feet, then Southwesterly approxi- mately 200 feet, then approximately 950 feet along the Boston and Maine right of way to the Maynard-Acton line, said property owned by Earle W. Tuttle.
Same tellers.
Total ballots cast: 247. Yes-157; No-90.
Total ballots needed - 164 2/3. Motion lost.
Article 3. (Zoning) Voted: To amend the Protective Zoning By-Law of the Town of Acton by rezoning from residential to business, a piece of property at the North- westerly corner of Main Street and Massachusetts Avenue in West Acton, such property comprising approximately 13/4 acres and known as 425 Massachusetts Avenue, said property owned by William L. Kelley.
Same tellers.
Total ballots cast: 232. Yes-162; No-70.
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Article 4. (Zoning) Voted: To amend Section 1 of the Protective Zoning By-Law of the Town of Acton by striking out the first paragraph and inserting in place thereof the following paragraphs.
Nothing in this By-Law shall prohibit the continued lawful use of land or buildings in the same or similar manner in which they were used at the time of the adoption of this By-Law, but if any non-conforming use shall be discontinued for a period of more than five years, it may not be resumed except by a permit granted by the Board of Appeals.
The Board of Appeals may permit any non-conform- ing use to be changed to a specified use not more detri- mental or more objectionable to a neighborhood.
Same tellers. Hand vote.
Total vote- 172. Yes -158; No-14.
Article 5. (Nash Road) Voted: To accept as a Town Way the road, the Plan of which has been filed in the office of the Town Clerk, said Plan showing a road forty (40) feet in width and a twenty-four (24) foot or more travelled way extending in a Westerly direction from Central Street a distance of approximately twenty-two hundred (2200) feet, said road to be known as Nash Road, and said road to be maintained by the developer for a period of one year after acceptance.
Article 6. (Downey Road) Voted: To accept as a Town Way the road, the Plan of which has been filed in the office of the Town Clerk, said Plan showing a road forty (40) feet in width and a twenty-four (24) foot or more travelled way extending in a Westerly direction from Central Street a distance of approximately three hundred thirty (330) feet, said road to be known as Downey Road, and said road to be maintained by the developer for a period of one year after acceptance.
Article 7. Voted : To pass over the article. (Billings Street) .
Article 8. Voted : To pass over the article. (Robbins Street ext.).
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AMENDMENT TO BUILDING BY-LAW Special Town Meeting, November 4, 1957
Article 9. Voted: To amend the Building By-Law of the Town of Acton by striking out the existing paragraphs under Section 10 and substituting the following paragraphs:
Sec. 10. Chimneys and Fireplaces.
A. Chimneys: All chimneys hereafter erected shall be supported on foundations of masonry or reinforced concrete or other non combus- tible material having a fire resistance rating of not less than 3 hours.
1. Construction: All chimneys are to be con- structed of brick, solid masonry units or of reinforced concrete. Chimneys in dwel- lings, chimneys for domestic type low heat appliances, and chimneys for building heat- ing equipment for heating a total volume of occupied space not to exceed 25,000 cubic feet shall have walls not less than 4 inches thick. In other buildings and for other low heat appliances the thickness of chimney walls shall be no less than 8 inches, except that rubble stone masonry shall be not less than 12 inches thick.
2. Corbeling: No chimney shall be corbeled from a wall more than 6 inches. Corbelling shall not exceed one inch projection for each course of brick projected.
3. Change in size or shape of chimney: No change in the size or shape of a chimney, where the chimney passes through the roof, shall be made within a distance of 6 inches above or below the roof joists or rafters. All wooden false chimneys built above the roof shall be covered with wire lathe and not less than 1 inch of fireproof cement plaster and in addition the chimney enclosed in this false construction shall be plastered in the same manner.
4. Liners: Masonry chimneys for low heat appliances shall be lined with approved fire clay flue liners not less than 5/3 of an inch
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thick, or with other approved liner of material that will resist without softening or cracking at temperature of 1,800° Fahrenheit. Fire clay flue liners shall be installed ahead of the construction of the chimney, as it is carried up, carefully bedded one on the other in mortar, or fire clay mortar, with close fitting joints left smooth on the inside. In masonry chimneys with walls less than 8 inches thick, liners shall be separate from the chimney wall and the space between the liner and ma- sonry shall not be filled; with only enough mortar used to make a good joint and hold the liners in position. Flue liners shall start from a point not less than 8 inches below the intake or, in case of fireplaces, from the throat of the fireplace. They shall extend, as nearly vertical as possible, for the entire height of the chimney.
5. Height: Chimneys for low heat appliances shall extend at least 24 inches above the ridge and shall extend at least 3 feet above the roof at the highest point of contact, and at least 2 feet higher than any portion of the building within 10 feet of chimney.
6. Framing around Chimneys and Fireplaces: All wood beams, joists and studs shall be trimmed away from chimneys and fire- places. Headers supporting trimmer arches at fireplaces shall be not less than 16 inches from the face of the chimney breast. Trimmers shall be not less than 6 inches from the inside face of the nearest flue lining.
7. Fire Stopping: All spaces between chim- neys and wood joists, beams or headers shall be firestopped by placing noncom- bustible material to a depth of one inch at the bottom of such spaces.
8. Flues and Smoke Pipes:
a. Where two or more oil burners are installed to use the same chimney the smoke pipes of each are to first enter a
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manifold large enough to accommodate all heaters, the manifold in turn enters the chimney. Except that a vent from a gas heated appliance must enter the chimney at a point above other flues.
b. Where two or more flue liners adjoin each other in the same chimney with only flue lining separation between them, the joints of the adjacent flue linings shall be staggered at least 7 inches.
c. No earthenware pipe shall be used for horizontal flues. No woodwork shall be placed at a less distance than 6 inches from any smoke pipe or metal flue unless protected with approved fire proofing material.
d. No smoke pipe shall pass through a stud or wooden partition whether plas- tered or not unless protected by a suit- able metal collar with holes for ventila- tion.
e. All inside chimneys hereafter erected shall be provided with a cleanout open- ing fitted with metal doors and frames arranged to remain tightly closed when not in use.
9. Commercial and Industrial Type Inciner- ators: A clearance of not less than 4 inches shall be provided between the ex- terior surface of chimneys and any com- bustible material for commercial and industrial type incinerators.
B. Fireplaces :
1. Construction :
a. Fireplaces shall be constructed of solid masonry or of reinforced concrete with back and sides of the thickness specified in this paragraph. Where a lining of fire brick at least 2 inches thick or other approved lining is provided, the total thickness of back and sides including the lining shall be not less than 8 inches. Where no such lining is provided, the
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thickness of back and sides shall be not less than 12 inches.
b. Factory-built fireplaces that are approved by the National Board of Fire Under- writers as a result of tests by a recog- nized laboratory need not conform to the above paragraph (a) provided they are installed in accordance with the con- ditions of the approval.
c. Fireplace hearth extensions shall be pro- vided of approved noncombustible ma- terial for all fireplaces. Where the fire- place opening is less than 6 square feet ; the hearth extension shall extend at least 16 inches in front of, and at least 8 inches beyond each side of the fire- place opening. Where the fireplace open- ing is 6 square feet or larger, the hearth extension shall extend at least 18 inches in front of, and at least 12 inches beyond each side of the fireplace opening. Where a fireplace is elevated above or over- hangs a floor the hearth extension shall also extend over the area under the fireplace.
d. Fireplaces constructed of masonry or reinforced concrete shall have hearth extension of brick, concrete, stone, tile or other approved noncombustible ma- terial properly supported and with no combustible material against the under- side thereof. Wooden forms or crickets used during the construction of hearth and hearth extension shall be removed when the construction is completed.
2. Woodwork:
a. No woodwork shall be placed within 4 inches of the back face of a fireplace ; nor shall combustible lathing, furring or plaster grounds be placed against a chimney at any point more than 33/4 inches from the corner of the chimney ; but this shall not prevent plastering directly on the masonry or on metal
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lath and metal furring; nor shall it prevent placing chimneys for low heat appliances entirely on the exterior of a building against the sheathing.
b. The clearance between woodwork and a factory-built fireplace approved by the National Board of Fire Underwriters as a result of tests by a recognized labora- tory need not comply with Section 10, Paragraph B, 1 a. of this By-Law pro- vided the factory-built fireplace is in- stalled in accordance with the conditions of approval.
c. No woodwork shall be placed within 6 inches of a fireplace opening and wood- work above and projecting more than 11/2 inches from a fireplace opening shall not be placed less than 12 inches from the top of a fireplace opening.
d. All spaces back of combustible mantels shall be filled with noncombustible ma- terial.
3. Firestopping: All spaces between fireplaces of masonry or reinforced concrete and wood joists, beams or headers shall be firestopped by placing noncombustible material to a depth of 1 inch at the bottom of such spaces.
Total ballots cast-83. Yes-83; No-0.
Article 10. Voted: To amend the Building By-Law of the Town of Acton by adding the following paragraph to Section 12:
Other Garages: Any building in which one or more motor vehicles are kept or stored, except as otherwise provided above for garages built in connection with a dwelling place, hereafter erected shall conform to the requirements of at least a second class building. Such buildings requiring this type construction include, among others, a public garage, a motor vehicle repair shop, automobile paint shop, service station, lubritorium or others of a similar nature.
Total ballots cast-59. Yes-59; No-0.
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Article 11. Voted unanimously: To amend the Building By-Law of the Town of Acton by adding the following para- graphs to Section 14:
In public places or places of assembly, as in churches, schools, hotels, high hazard institutional occupancies and multi-family house occupancies, the heater rooms shall be separated from the rest of the building by 8 inch masonry walls, with the ceilings plastered with fireproof cement mortar and door openings protected by approved self-closing fire doors.
No heating equipment shall be installed within 6 feet of a stairway, unless stairway is protected in such a manner as to stop fire from traveling up stairway.
Article 12. Voted: To strike out the existing paragraph under Section 15 of the Building By-Law of the Town of Acton and substituting the following paragraphs:
a. Every dwelling, apartment or tenement or any other building or structure to be used in whole or in part for dwelling purposes, either as a permanent or tem- porary dwelling, except multiple family type dwelling houses, hereafter erected, altered or remodeled, shall have a minimum of two (2) independent means of egress, placed as far apart as practicable, both of which shall be not less than fifteen (15) square feet in area and shall terminate to the outside of the building at ground level.
b. Every multiple family type dwelling house and every dwelling not included in Section 15a, hereafter erected, altered or remodeled, shall have a minimum of two (2) independent means of egress for each apartment or tenement or other dwelling unit, placed as far apart as practicable, one of which shall ter- minate to the outside of the building at ground level.
Total ballots cast-52. Yes-51; No-1.
Article 13. Voted unanimously: To amend the Building By-Law of the Town of Acton by striking out "at the ceiling line of the upper story" in Section 21 and substituting "of each story and at the ceiling line of each story."
Article 14. Voted: To amend the Building By-Law of the Town of Acton by adding Section 22 as follows :
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Sec. 22. No building of any type, except as otherwise provided herein, whether of a permanent or portable nature, hereafter erected, restored, or moved shall be occupied or used in whole or in part as a dwelling until the same shall be inspected by the Inspector of Buildings and the Board of Health and a permit of occupancy issued by the Board of Health, duly signed by the Chairman of the Board of Health and the Inspector of Buildings, stating that the building and use thereof complies with the provisions of this By-Law, the laws of The Commonwealth of Massachusetts and all other Laws pertaining thereto. A permit of occu- pancy shall not be issued unless a building per- mit has been previously issued by the Building Inspector in accordance with the provisions of this By-Law. Application for a permit of occu- pancy shall be filed with the Inspector of Build- ings who shall notify the Board of Health of such application for permits of occupancy within five (5) days from receipt of same.
Hand vote. Total votes-40. Yes-31; No-9.
Article 15. Voted: To amend the Building By-Law of the Town of Acton by adding the following paragraphs as Section 23:
Sec. 23. Restrictions on Construction within Fire Limits:
1. General Restrictions: Except as otherwise provided in Paragraph 5 of this section, no building or structure of wood frame con- struction or of unprotected noncombustible construction shall be erected within the limits established by law as the Fire Limits, nor shall wood or other combustible veneers be permitted on buildings or structures within such Fire Limits.
2. Alterations and Extensions :
A. Within the Fire Limits no building or structure of wood frame construction or of unprotected noncombustible construc- tion shall be increased in height.
B. Within the Fire Limits no building or structure shall be extended on any side
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by wood frame construction or unpro- tected noncombustible construction. The aggregate area of the building or struc- ture including the extension shall not exceed the allowable area for wood frame construction in the following table :
Types of Construction Story Building
Area of one Area of Building over one story
Ordinary 9,000 sq. ft. 6,000 sq. ft.
Unprotected noncombustible 9,000 sq. ft. 6,000 sq. ft.
Wood Frame 6,000 sq. ft. 4,000 sq. ft.
C. Nothing in this section shall be construed to prohibit other alterations within the Fire Limits; provided there is no change of occupancy to a class of occupancy otherwise prohibited.
D. High hazard occupancy, as described below, is prohibited. High hazard occu- pancy means the occupancy or use of a building or structure or any portion thereof that involves highly combustible, highly flammable, or explosive material, or which has inherent characteristics that constitute a special fire hazard; in- cluding among others, aluminum powder factories; cellulose nitrate plastic fac- tories, warehouses and salesrooms; cereal mills ; distilleries ; explosives manufacture, sales and storage; flour and feed mills ; gasoline bulk plants; grain elevators; lacquer factories ; liquified petroleum gas charging or bulk storage plants; mat- tress factories ; paint factories and waste- paper plants.
3. Moving Buildings: No building or structure of wood frame construction or unprotected noncombustible construction shall be moved from without to within the Fire Limits or from one lot to another within the Fire Limits.
4. Buildings Partly Within Fire Limits: A building or structure shall be deemed to be within the Fire Limits if one-third or more
9.8
of the area of such building or structure is located therein.
5. Exception to Restrictions Within Fire
Limits:
A. Frame dwellings not exceeding two stories in height and separated by at least 10 feet from lot line of adjoining property.
B. Wood or other combustible veneers on noncombustible backing for show win- dows that do not extend above the first full story above grade.
C. A building occupied as a private garage, not more than one story in height nor more than 750 square feet in area, located on the same lot with a dwelling; provided that such building shall be placed at least 10 feet from the lot lines of adjoining property.
D. Building not exceeding 2,500 square feet in area when used for a business occu- pancy, or 1,000 square feet in area when used for other occupancies, nor more than one story in height, and having a horizontal separation of not less than 10 feet on all sides.
E. Greenhouses not more than 15 feet in height erected on the same lot with and accessory to a dwelling or a store.
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 10 feet from buildings and from adjoin- ing lot lines.
G. Builders' shanties for use only in con- nection with 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.
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H. Piazzas or balconies on dwellings, not exceeding 10 feet in width nor extending more than 3 feet above the second-story floor beams; provided that no such struc- ture shall be located nearer than 10 feet to an adjoining lot line or be joined to a similar structure of another building.
I. Fences not exceeding 10 feet in height. Hand vote. Total votes-39. Yes-37; No-2.
Article 16. Voted: To amend the Building By-Law of the Town of Acton by adding the following paragraphs as Section 24:
Sec. 24. West Acton Fire Limits: The following area in West Acton shall constitute the "West Acton Fire Limits" and the regulations given in Sec- tion 23 above shall apply: Starting at a point at the center of the intersection of Willow and Summer Streets in West Acton; thence in a northeasterly direction to the center of the inter- section of Homestead and Willow Streets; thence in a northerly direction to the center of the intersection of Arlington Street and Massachu- setts Avenue; thence northerly to a point in the center of the Boston and Maine Railroad right of way located 2,100 feet northeasterly from the center of the Massachusetts Avenue crossing as measured along the right of way; then 1,000 feet southeasterly along the railroad right of way; thence easterly to center of the intersection of Elm and Arlington Streets ; thence southerly to the center of the intersec- tion of Cedar Terrace and Massachusetts Ave- nue; thence westerly to a point in the center of the railroad right of way located 850 feet southeasterly from the center of the Massachu- setts Avenue crossing as measured along the right of way; thence 1,250 feet south- easterly along the railroad right of way, thence westerly to the center of the intersection of Central and Summer Streets and westerly to the point of beginning at the center of the inter- section of Willow and Summer Streets.
Hand vote. Total votes-41. Yes-39; No-2.
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Article 17. Voted unanimously: To amend the Building By-Law of the Town of Acton by adding the following para- graph as Section 25:
Sec. 25. Entry to Cock Loft: An entry to the cock loft, suitable for the use of the fire department, shall be provided in an accessible location pref- erably in a hallway.
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