USA > Massachusetts > Middlesex County > Acton > Town annual reports of Acton, Massachusetts 1962-1964 > Part 16
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G. Accessory Buildings
No accessory building or structure shall be located within the required front yard area nor within ten (10) feet of any lot line.
III DISTRICTS
A. Types of Districts
For purposes of this By-Law the Town of Acton is hereby divided into the following types and classes of Districts. Reference in the text shall be to the symbol in the right hand column indicated below.
1. Residential Districts
a. Residence 1 (Min. 40,000 sq. ft.) R1 b. Residence 2 (Min. 20,000 sq. ft.) R2
2. Business Districts
a. General business B1
3. Industrial Districts
a. General Industrial I1
Presently existing Industrial area shall be designated as I1, presently existing Business areas shall be designated as B1, and presently existing Residential areas shall be designated as R2 ex- cept as set forth under Section III B hereof and the "Zoning Map of the Town of Acton."
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THE TOWN OF ACTON
B. Location of Districts
Said districts are defined and bounded on the map which ac- companies this by-law entitled "Zoning Map of the Town of Acton," Map No. 1 dated May 1, 1963 and filed in the office of the Town Clerk, which map, with 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, said figures shall govern.
1. The industrial area marked A and shown on the map as located in Acton Center lies southeasterly on Main Street between Nagog Hill Road and Brook Street and includes only the land described in the following deeds:
Mary A. Packard to Technology Instrument Corporation re- corded in Middlesex South District Deeds Book 7632 Page 383.
Mary A. Packard to Lucius E. Packard and Raymond W. Searle, recorded in Middlesex South District Deeds Book 7840 Page 375.
Norman F. Livermore to Paul M. and Margaret McPherson re- corded in Middlesex South District Deeds Book 7716 Page 558.
IV USE REGULATIONS
A. General Requirements
1. In Residential, Business and Industrial Districts no building or structure shall be erected or used and no premises shall be used except as set forth in sub-paragraphs B. C. and D. of use regulations herein.
2. Permitted uses and uses allowed under special permit by the Board of Appleals, as provided in Section VI, shall be in con- formity with the provisions of Section II and V of this By-Law.
3. Residential and Business uses existing in Industrial Districts prior to June 24, 1963 shall be considered non-conforming, but shall be permitted the same respective privileges as permitted in Section III A1 or Section III A2.
B. Residential and Agricultural Districts (R1 and R2)
1. In a Residential and Agricultural District (R-1 and/or R-2) a building or premise may be erected, altered, or used for the following purposes:
a. A dwelling for one family including garaging for not more than four private motor vehicles.
b. Renting of not more than four rooms and furnishing of board by a resident family to not more than four non- transient persons.
c. Professional office or studio of a resident physician, den- tist, attorney, architect, engineer or other members of a recognized profession; or a customary home occupation such as worker in handicraft, music teacher, or a person of similar vocation employing not more than two permanent employees.
d. Agricultural uses including general farming, orchard, nursery, green house, and livestock except the raising of swine or fur-bearing animals for commercial use. The garaging of farm equipment which is principally used on
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228th ANNUAL REPORT OF
the premises, salesroom or stand for display or sale of agricultural or horticultural products, the major portion of which is grown or produced on the premises.
2. The following uses may be permitted by the Board of Appeals as provided in Section VI.
a. Alteration and conversion of a single family dwelling ex- isting prior to June 24, 1963 to accomodate two families.
b. Tourist lodge, but not including an overnight cabin, motel or hotel.
c. Nursery school or other use for the day care of children or a private organized camp.
d. Hospital, sanitorium, nursing, rest or convalescent home, charitable institution or other non-correctional institutional use.
e. Non-profit country, tennis or golf club, lodge building or other social, civic or recreational use.
f. Business or professional office or agency, bank, or other financial institution; office of a resident Real Estate Bro- ker, Insurance Broker and Hairdresser.
g. Commercial greenhouse.
h. Animal hospital Veterinary Practice and kennels.
i. Stone quarry, sand or gravel pit.
3. All other uses are not permitted.
C. Business District
1. The following uses are permitted in a Business District. (B1)
a. All uses permitted in sub-paragraph B1 of this Section.
b. Multiple family dwellings or apartments.
c. Tourist home, hotel, motel or overnight cabins.
d. Nursery school or other use for the day care of children or a privately organized camp.
e. Undertaking establishment or funeral home.
f. Retail stores and associated warehouses.
g. Business or professional office or agency, bank, or other financial institution.
h. Commercial greenhouse.
i. Filling or service station; repair garage for motor vehicles; autobody, soldering or welding shop and sales- rooms for motor vehicles, trailers, boats, farm imple- ments or machinery.
j. Restaurant or other place serving food or beverages.
k. Wholesale office or showroom with enclosed storage.
1. Indoor amusement or recreation place.
m. Manufacturing on the premises of products, a major por- tion of which is to be sold on the premises at retail to the ultimate consumer thereof.
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2. The following uses may be permitted by the Board of Appeals as provided in Section VI.
a. All uses permitted in sub-paragraph B2 a, d, e, and h of this section.
b. Drive-in or open air business.
c. Public or commercial outdoor amusement but not includ- ing outdoor movie theatre.
3. All other uses are not permitted.
D. Industrial District (I-1)
1. The following uses are permitted in the Industrial District. (I-1)
a. Agricultureal uses as permitted in sub-paragraph B1 d of this section.
b. General industrial uses including manufacturing, process- ing or other industrial operations.
c. Sawmill.
d. Light manufacturing uses when the processes involved en- tail only the fabrication assembly, finishing work or pack- aging.
e. Warehouses (except retail) and open storage, such as lum- ber yards, stone, brick, gravel, cement and other bulky merchandise, contractors yard and similar uses.
f. Manufacturing on the premises of products a portion of which may be sold on the premises at retail to the ultimate consumer.
2. The following uses may be permitted by the Board of Appeals as provided in Section VI.
a. Non-profit country, tennis or golf club, lodge building or other social, civic or recreational use.
b. Commercial greenhouse.
c. Filling or service station, repair garage for motor ve- hicles, autobody, soldering or welding shop and salesroom for motor vehicles, trailers, boats, farm implements or machinery.
d. Private restaurant or other place serving food or . beverages.
e. Wholesale office or showroom with enclosed storage.
f. Public or commercial outdoor amusement but not includ- ing outdoor movie theatre.
g. Animal Hospital, veterinary practice and kennels.
h. Motor freight or other transportation terminals; yards for servicing of trucks or trailers.
i. Stone quarry, sand or gravel pit.
j. Retail Business.
3. All other uses not permitted.
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228th ANNUAL REPORT OF
V INTENSITY REGULATIONS
A. General Requirements
1. Applicability. In the several districts set out in Section III A of this By-Law no development or redevelopment of any land, and no construction, reconstruction, or conversion of any building or structure shall be permitted except in accordance with the accompanying "Intensity Regulations Schedule" and in accord- ance with the several additional requirements of this Section.
2. Setback. No building or other structure shall be erected nearer than 30 feet to the sidelines of the street, except that where two or more adjacent buildings have established a setback line less than permitted above, the Board of Appeals may permit a new structure to be erected in conformity with the line so estab- lished.
3. Projections. Nothing herein shall prevent the projection of cornices or eaves not exceeding twenty-four (24) inches in width or of steps or sills into any required yard.
4. Dwellings. In any district no more than one building for resi- dential use shall be built on a single lot.
5. Use of Required Yards. Required front yards are to be free of all structures, and parking areas, not including essential ac- cess drives, except by permission of the Board of Appeals with recommendation of the Planning Board.
6. Parking Area. A parking area off the public ways must be pro- vided for all automobiles used by all employees, residents and customers of the premises.
The formulae for determining the proposed number of parking spaces required shall be submitted to and for the approval of the Board of Selectmen or its agent at the same time as ap- plication shall be made for a building or use permit.
7. Off-Street Loading Facilities. Off-Street Loading Facilities must be provided and be of sufficient area to keep the public way clear.
B. INTENSITY REGULATION SCHEDULE DISTRICT AND USES
Maximum Lot Dimensions
Minimum Yard Dimensions
Maximum Heights of Building (*)
Lot Area (Sq. Ft.)
Frontage or Width at minimum Setback
Depth
Front Yard (Setback)
Side Yard
Back Yard
Stories
Feet
R-1 All Residential and Agricultural Uses
40,000
200
150
45
30
45
2₺
35
All other uses
40,000
200
150
45
30
45
2元
35
R-2 All Residential and Agricultural Uses
20,000
150
100
30
20
30
N/H
35
All other uses
20,000
150
100
30
20
30
N/H
35
B-1 All uses allowed in R-2 subject to regulations in R-2 two to four family residence and conversions
10,000 per D.U.
100
100
30
20
30
2층
35
Multi family uses
60,000
200
200
45
30
45
3
40
3,500 per D.U.
I-1 All permitted uses
40,000
100
150
45
20
45
85
(*) Vertical Distance to eave line from normal ground level.
THE TOWN OF ACTON
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228th ANNUAL REPORT OF
C. Modifications and Exceptions
1. Party Walls. In General Business Districts only, the required side yards shall not apply to non residential buildings having a party wall on a side lot line.
2. Open Space. Within or in addition to the required yards for all multi-family uses there shall be provided usable open space of at least 500 sq. ft. per dwelling unit with one or less bedrooms and 1,000 sq. ft. per dwelling unit with two or more bedrooms, Such space shall not include parking space or laundry drying areas but shall be designated for active and passive recreation.
VI ADMINISTRATION
A. Enforcement
1. Enforcement. This By-Law shall be enforced by the Board of Selectmen or their agent in the manner provided for by the General Laws and the By-Laws of the Town. Any person ag- grieved by any decision hereunder may appeal to the Board of Appeals.
2. Building Permit. In any district, a Building permit shall not be issued until such proposed action shall comply in all respects with the provisions of this By-Law or with a decision rendered by the Board of Appeals.
' Any application for a Building permit shall be accompanied by a plan accurately drawn, showing the actual shape and dimen- sions of the lot to be developed, the location and size of all ex- isting structures on the lot, the location of all proposed improv- ments, together with the lines within which all buildings or structures are to be erected, the existing or intended use of each improvement and such further information as may be necessary to provide for the execution and enforcement of this By-Law. A record of all applications, plans and permits and actions taken thereon shall be kept on file by the Building Inspector.
3. Certificate of Occupancy. A certificate of occupancy as re- quired by the Acton Building Code shall be conditional on the adequacy of parking space and such other facilities as may be required by this By-Law or a decision of the Board of Appeals, and shall lapse if and when such areas and facilities are used for other purposes.
4. Conformance to Performance Standards. Any alleged violator shall be investigated. The Board of Selectmen, if there appears to be reasonable grounds, may employ qualified experts to de- termine such violation. If, after a public hearing, violation is found to have occurred or does exist, the violator shall pay such costs in addition to any fines.
5. Fines. The penalty for violation of this By-Law shall be $20.00 each offense; as provided in Chapter 40, Section 21 of the Gen- eral Laws as amended, of the Commonwealth of Massachusetts.
B. Board of Appeals
1. In accordance with the provisions of Chapter 40A of the Gen- eral Laws, a Board of Appeals consisting of three (3) members shall be appointed by the Selectmen for terms of such length and so arranged that the term of one member shall expire each
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THE TOWN OF ACTON
year. Two associates shall be appointed in like manner. No member of the Board of Appeals shall act in any matter in which he is personally interested, in such event an associate shall act.
2. Such board shall have all the powers set forth in Chapter 40A of the General Laws together with the powers and authority set forth in this By-Law and shall be governed by the systems and procedures as established by Chapter 40A of the General Laws as amended.
3. The Board of Appeals shall have the following powers and duties:
a. To hear and decide appeals where it is alleged that there is an error in the enforcement of this By-Law:
b. To hear and decide applications for special permits for exceptions as required by this By-Law.
A special permit is a permit to use property for the purpose specified and shall not waive, vary or relax any other provision of this By-Law applicable thereto. In acting upon special per- mits the Board shall consider the general intent of the Com- prehensive Town Plan and may accordingly impose such con- ditions and safeguards as are deemed necessary.
c. To authorize upon appeal or petition with respect to a par- ticular parcel of land a variance from the terms of this By-Law. Such variance shall be granted only for reasons of practical difficulty and substantial hardship to the appel- lant and only where the Board finds that:
aa. There are special circumstances or conditions ap- plying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building but not affecting generally the zoning district in which it is located and application of the standards of this By-Law would deprive the applicant of a reasonable use of the prop- erty and
bb. The specific variance as granted by the Board is the minimum variance that will grant a reasonable relief to the owner; and
cc. The granting of the variance will be in harmony with the purpose and intent of this By-Law. In approving a variance the Board may attach such conditions and safeguards as are deemed necessary to protect the neighborhood in addition to the applicable require- ments of this By-Law.
dd. In accordance with Chapter 40A, Section 20 of the General Laws, no appeal or petition for a variance from the terms of this By-Law, nor any application for a special permit for exceptions to the terms of this By-Law which has been unfavorably acted upon by the Board of Appeals shall be considered on its merits by said Board within two years after the date of such unfavorable action except with the consent of all the members of the Planning Board.
C. Amendments
1. In accordance with the General Laws this By-Law may be amended by a two-thirds vote of a Town Meeting.
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228th ANNUAL REPORT OF
2. In accordance with Chapter 40A, Section 8 of the General Laws, no proposed By-Law making a change in any existing zoning By- Law, which has been unfavorably acted upon by a Town Meeting, shall be considered on its merits by a Town Meeting within two years after the date of such unfavorable action unless the adoption of such proposed By-Law is recommended in the final report of the Planning Board as required by Chapter 40A, Section 6 of the General Laws.
D. Effect of By-Law
1. Nothing in this By-Law shall be construed as repealing or mod- ifying any other existing Town By-Law, rule, regulation or per- mit, but shall be in addition thereto.
E. Validity
1. The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision thereof not mani- festly inseparable therefrom.
2. These By-Laws shall take effect upon compliance of the pro- visions of Section 32, Chapter 40 of the General Laws.
Voted: That the proposed Protective Zoning By-Law of The Town of Acton be amended by inserting in Section B of Article III after the word "by- law" and before the period of the first sentence thereof, the following:
11, except that said map is hereby amended as follows:
The Residence 1 District in that part of Acton adjacent to The Town of Carlisle shall be extended to include the area bounded on the West by Robins Mill Pond and Nonset Brook, on the North by the center of Carlisle Road, and on the East by the Town of Carlisle".
Voted: To strike out in Section II G the words "No accessory building or structure" and insert "No accessory building, structure, garage and breeze- way or attached garage".
Moderator appointed the following tellers: Harold W. Flood, Thomas Motley, 2nd, Lawrence P. Wilder, Earle W. Tuttle, Virginia Hennessy, Dorothe L. Gravin, Lydia R. Lesure, Katherine B. Crafts, Dorothy E. Williams.
Ballot vote. Total - 202. Yes - 126. No - 76
Needed to carry - 135
Motion lost.
Article 2
Voted: To pass over the article.
Adjourned at 9:52 P.M.
A true copy. Attest:
CHARLES M. MacRAE
Town Clerk
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THE TOWN OF ACTON
ABSTRACT OF THE PROCEEDINGS OF THE SPECIAL TOWN MEETING
September 9, 1963
Article 1
Motion: To authorize the Selectmen to purchase, take by eminent do- main or otherwise acquire a certain parcel of land for school purposes, said parcel of land containing approximately 81.53 acres of land on the southerly side of Main and Brook Streets, Acton Center, believed to be now or formerly the property of Brewster Conant of Evanston, Illinois and being more par- ticularly described as follows:
Beginning at a point of intersection of the southerly side line of Brook Street with the westerly side line of the New York, New Haven, and Hartford Railroad, Framingham-Lowell Railroad, thence 102.3 feet at South 06° 57'0" West by said railroad side line, thence 187± at North 78° 29'0" West to Nash- oba Brook, thence approximately 225.00 feet in a southeasterly direction by said Nashoba Brook to previously mentioned railroad side line, thence 2123.85 feet at South 06° 57'0" West by said railroad side line to an iron pipe at land of Snyer, thence 503.45 at North 64° 40'0" West by, land of Snyer to a corner of a stone wall, thence again by Snyer land 298.00- North 22° 50'0" East, thence westerly by land of Snyer, 674.00± approximately to a corner of stone walls between land of Snyer and Technical Instrument Corp., thence northwesterly 1,463.00 feet by said T.I.C. land, along a stone wall to a cor- ner in said stone wall, thence along a stone wall by two courses, 82.5 feet @ South 87º 19' 30" and 129.7 at South 77° 04' 30" West to the end of said wall, thence 52.22 feet at North 19° 05'10" East to the easterly side line of Main Street, thence 1,066.88 feet by the easterly side line of Main Street as es- tablished in the 1927 County Layout, thence 1,566.15 feet by the southerly side line of Brook Street as established in the 1947 County Layout to point of beginning.
All of described land as being shown on a plan entitled: "Land in Acton, owned by Augustine B. Conant, and Brewster Conant, by Harlan E. Tuttle, of February 18, 1958, as being Parcel 2 in its entirety and recorded in Middle- sex Registry of Deeds in Book 9131, Page End.
(2) That the sum of $125,000 be appropriated for the purpose of pur- chasing, taking by eminent domain or otherwise acquiring the aforesaid par- cel of land;
(3) That to meet the aforesaid appropriation for the purchasing, taking by eminent domain or otherwise acquiring the aforesaid parcel of land, the sum of $5,000 shall be and hereby is transferred from the surplus revenue account; and the Treasurer, with the approval of the Selectmen, shall be and he hereby is authorized to borrow the sum of $120,000 under the authority of Chapter 44, Section 7, Clause (3) of the General Laws and to issue, at one time or from time to time, bonds or notes of the Town therefore, payable in accordance with the applicable provisions of said Chapter 44, each such issue of bonds to be paid in not more than twenty years from its date and each such issue of notes to be paid in not more than four years from its date.
Voted to amend motion to read as follows: That the Town authorize the Selectmen to purchase, take by eminent domain or otherwise acquire for school purposes a certain parcel of land containing approximately 43 acres of land, being a portion of a larger parcel of land containing approximately
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228th ANNUAL REPORT OF
81.53 acres on the southerly side of Main and Brook Streets, Acton Center, believed to be now or formerly the property of Brewster Conant of Evanston, Illinois. Said portion is more particularly described as follows:
Beginning at a point on the southerly side line of Brook Street, said point being located 808.23 feet from the intersection of the southerly side line of Brook Street and the easterly side line of Main Street at a Road Bound measured in an easterly direction by said southerly side line of Brook Street, thence running 400.00 feett by said Brook Street, to Nashoba Brook and land now or formerly of Brewster Conant, thence approximately 425.00 feet north- easterly by said Nashoba Brook to land now or formerly of New York, New Haven and Hartford Railroad Company, Framingham-Lowell Railroad, thence approximately 225.00 feet southeasterly by said Nashoba Brook and land of said New York, New Haven and Hartford Railroad Company, Framingham- Lowell Railroad to the westerly side line of the New York, New Haven and Hartford Railroad Company, Framingham-Lowell Railroad Right-of-way, thence 2123.85 feet at south 06° 57'0" West by said Railroad Right-of-way to an iron pipe at land now or formerly of Harry & Rose I. Snyer, thence 503.45 feet at North 64° 40'0" West along a stone wall by land of said Snyer to a cor- ner, thence 298.00 feet approximately at North 22° 50'0" East by land of said Snyer, thence turning and running westerly 674.00 feet by said Snyer land to a corner of three stone walls between land of said Snyer and Technical Instru- ment Corporation, thence turning and running 2,160 feet # in a north-north- westerly direction to point of beginning; All of said land to include approxi- mately 43.00 + acres and as shown by a plan entitled "Plan of land for School purposes, owned now or formerly by Augustine B. and Brewster Conant as prepared by Engineering Department, Town of Acton, dated September 9, 1963". Said plan to be recorded with the instruments of taking and the pro- ceedings of this Town Meeting.
(2) That the sum of $55,000 be appropriated for the purpose of purchas- ing, taking by eminent domain or otherwise acquiring the above-described parcel of land;
(3) That to meet the aforesaid appropriation for the purchasing, taking by eminent domain or otherwise acquiring the aforesaid parcel of land, the sum of $5,000 shall be and hereby is transferred from the surplus revenue account; and the Treasurer, with the approval of the Selectmen, shall be and he hereby is authorized to borrow the sum of $50,000 under the authority of Chapter 44, Section 7, Clause (3) of the General Laws and to issue, at one time or from time to time, notes of the Town therefore, payable in accord- ance with the applicable provisions of said Chapter 44, each such issue of notes to be paid in not more than four years from its date.
The Moderator appointed the following tellers: James B. Wilson, Julia A. Barry, Barbara A. Birch, Grace J. Cullinane, Hazel P. Vose, Eleanor P. Wilson, Phyllis P. Sprague, John H. Loring, Warren W. Wheeler, Charlotte Wetherbee, Katherine B. Crafts, Hilda E. Horne, William H. Flood, John McK. Whittier, Sr., Elizabeth H. Boardman, John W. Putnam.
Total vote 494 Yes - 287 No - 207
Needed to carry - 329
Motion lost.
Voted: To take up Article 3.
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THE TOWN OF ACTON
Article 3
Voted unanimously: To amend the By-Laws of the Town of Acton by in- serting in Section 2 a new Article as follows:
Article 11. Inspector of Gas Piping and Gas Appliances. The Board of Selectmen shall in each year, after its organization, appoint an inspector of gas piping and gas appliances in buildings, whose duty shall be the enforcement of the rules and regulations adopted by the Board established by General Laws, chapter 25, section 12H, in- serted by section 1 of chapter 737 of the Acts of 1960, and amend- ments thereto.
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