USA > Massachusetts > Middlesex County > Acton > Town annual reports of Acton, Massachusetts 1962-1964 > Part 17
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Article 4
Voted: To transfer the sum of $500.00, from the Surplus Revenue Ac- count to compensate the Gas Inspector.
Article 5
Voted unanimously: To transfer from the Insurance Claim Recovery Fund to the Village Account the amount of $1,721.19.
Article 6
Voted: To transfer the sum of $500.00 from the Surplus Revenue Ac- count to the Machinery Fund.
Article 7
Voted unanimously: To accept the relocation of Parker Street, at its intersection with Independence Road, for a distance of 553.96 feet, approxi- mately half of which runs in a southwesterly direction from said intersection and the other half in a northerly direction, as laid out by the Board of Select- men for common convenience, necessity and public safety, according to a plan on file with the Town Clerk.
Article 8
Voted: To rescind the action taken under Article 40 of the 1963 Annual Town Meeting and vote to appropriate from available funds the sum of $10,963.30 for the purposes of new highway construction on Parker Street, Martin Street and Arlington Street, in accordance with Chapter 782 of the Acts of 1962.
Article 2
Motion: To pass over Article. Voted: To adjourn at 10:55 P.M.
A true copy. Attest:
CHARLES M. MacRAE
Town Clerk
Amendment to the Town By-Laws voted in the affirmative at the Special Town Meeting September 9, 1963 was approved by Attorney General Edward W. Brooke on October 28, 1963.
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228th ANNUAL REPORT OF
ABSTRACT OF THE PROCEEDINGS OF THE SPECIAL TOWN MEETING
October 28, 1963
Article 1
1
Motion: (1) 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 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 sideline of Brook Street, said point being located 808.23 feet from the intersection of the southerly sideline of Brook Street and the easterly sideline of Main Street at a road bound meas- ured in an easterly direction by said southerly sideline of Brook Street, thence running 400.00 feet ± 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 In- strument Corporation, thence turning and running 2,160 feet + in a north- northwesterly direction to point of beginning; All of said land to include approximately 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".
(2) That the sum of $60,000 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 $4,000 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 $56,000 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.
Motion: That Article I shall not be subject to further consideration at this meeting, but shall be referred to an Elementary School Site Selection Committee consisting of the following:
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THE TOWN OF ACTON
One person each from:
The Acton School Committee The Acton Building Committee The Finance Committee The Board of Health The Planning Board The Board of Assessors The Board of Selectmen
And two other persons to be selected by the moderator at large.
And that said Committee investigate other locations available for sale, and appropriate for elementary school use, and report back with recom- mendations by January 1, 1964.
And that the sum $1,000 be transferred from The Reserve fund to defray expenses incurred by the Committee in the conduct of its investigations.
Motion lost.
Moderator appointed the following tellers: James B. Wilson, Julia A. Barry, Barbara A. Birch, Grace J. Cullinane, Hazel P. Vose, Phyllis K. Sprague, Eleanor P. Wilson, Porter G. Jenks, Philip A. Harris, Edwin H. Christofferson, E. Wilson Bursaw, Joseph W. McGinty, James P. McBride.
Ballot vote on original motion: Total - 1078 Yes - 673 No - 405
Needed to carry - 719
Motion lost.
At 12:05 A.M. October 29, voted to adjourn to Monday, November 4, 1963 at 8:00 P.M. in the Blanchard Auditorium.
Monday, November 4, 1963, the Moderator called the meeting to order at 8:00 P.M.
Article 2
Voted: To pass over the article.
Article 3
Voted unanimously: To appropriate from Surplus Revenue the sum of $5,000.00 and authorize the Selectmen to purchase, take by eminent domain, or otherwise acquire two parcels of land, described as follows:
Parcel #1: Lot #16 as shown on plan entitled "Land in Acton owned by Malcolm R. Dunn and Judith V. Dunn" by Harlan E. Tuttle, Surveyor, dated July 21, 1956 and recorded in the Middlesex Registry of Deeds (South Dis- trict) as Plan #1321 of 1956 in Book 8785 Page End, containing 22,500 ± square feet.
Parcel #2: Beginning at a point at the southwest corner of Lot #16 as shown on above plan, thence 140.4 feet at South 23°07' East, thence 150.0 feet at North 66° 53' East, thence 140.4 feet at North 23° 07' West to the southeast corner of Lot #16, thence along the southerly line of Lot #16 150.0
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228th ANNUAL REPORT OF
feet at South 66° 53' East to the point of beginning, containing 21,060 ± square feet;
both parcels owned now or formerly by Malcolm R. Dunn and Judith V. Dunn, for use as a site for a police station.
Article 4
Voted unanimously: To appropriate from Surplus Revenue the sum of $3,000.00 to be expended by the Town Building Committee for the purpose of hiring an architect. Said architect to be hired for the purpose of making pre- liminary drawings and preliminary cost estimates for a contemplated Police Station to be located on Main Street, Acton, on a plot of land shown as Lot #16 and extension thereof, owned by the Town.
Article 5
Voted unanimously: To appropriate from Surplus Revenue the sum of $5,000.00 to be expended by the Town Building Committee for the purpose of hiring an architect. Said architect to be hired for the purpose of making pre- liminary drawings and preliminary cost estimates for a contemplated addi- tion to the present Acton Memorial Library.
Article 6
Voted unanimously: To transfer from Article 14 of the 1963 Annual Town Meeting, the permanent fireman's salary account, the sum of $2,397.65 to the Fire Department Expense Account and the sum of $3,250.00 to the Fire Alarm Expense Account, and the sum of $5,500.00 to the Fire Department Salaries and Wages Account.
Article 7
Voted unanimously: To appropriate from Surplus Revenue the sum of $1,300.00 for Elections and Registrations; $300.00 for the Salaries and Wages Account and $1,000.00 for the Expense Account.
Article 8
Voted: To lay this article on the table.
Article 9
Voted: To lay this article on the table
Article 10
Motion: To amend the By-Laws of the Town of Acton that deal with the Committee on Finance, Section 3, Article 1 by deleting said Article 1 and in its place substituting and adopting the following:
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THE TOWN OF ACTON
Article 1. There shall be a finance committee consisting of nine voters of the Town, three from each precinct. The committee shall be appointed by the Board of Selectmen in the following manner: three members, not from the same precinct, shall be appointed for a term of one year; three members, not from the same precinct, shall be appointed for a term of two years; and three members, not from the same precinct, shall be appointed for a term of three years, and thereafter, the appointments shall be for a term of three years.
Voted: To substitute the following motion and it was;
Voted unanimously: To amend the By-Laws of the Town of Acton that deal with the Committee on Finance, Section 3, Article 1 by deleting said Article 1 and in its place substituting and adopting the following:
Article 1. There shall be a finance committee consisting of nine voters of the Town. The committee shall be appointed by the Board of Selectmen in the following manner: three members shall be appointed for a term of one year; three members shall be appointed for a term of two years; and three members shall be appointed for a term of three years, and thereafter, the appointments shall be for a term of three years.
Article 11
Voted unanimously: To accept Section 6B of Chapter 40 of the General Laws which reads as follows:
"Uniforms for Police and Firemen.
A City or town which accepts or has accepted this section may appropri- ate money for the purpose of uniforms for members of its police and fire de- partments, which may include the purchase of rubber boots, shoes, and other outer clothing necessary for the use of members of the police and fire de- partments when traveling to or from or during the course of their employ- ment".
Article 12
Voted unanimously: To transfer from Surplus Revenue the sum of $70,000.00 for the Stabilization Fund, pursuant to the provisions of the Gen- eral Laws, Chapter 40, Section 5B, such amount to be deposited in the Fund on or before December 27, 1963.
Article 13
Voted unanimously: To amend the Protective Zoning By-Law of the Town of Acton by adding to Section II the following subsections F, G, H and I.
F. MUNICIPAL, EDUCATIONAL, RELIGIOUS, HISTORICAL, OR CON- SERVATION USES.
Nothing in this By-Law shall prohibit the development of any land in any district for municipal, educational, religious, historical or conservation use. Such use shall not be exempt from the general or specific regulations of this By-Law other than the Use Regula- tions.
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228th ANNUAL REPORT OF
G. ACCESSORY BUILDINGS OR STRUCTURES
No Accessory building or structure shall be located within the required front yard area nor within ten (10) feet of any lot line.
H. DEFINITIONS
For the purposes of this By-Law, the following definitions shall apply.
1. Accessory buildings - Any building not requiring a building permit.
2. Structures - Gasoline pumps and any construction requiring a building permit. Fences or stone walls shall not be considered structures.
I. PERFORMANCE STANDARDS
No land or building shall be used or occupied in any manner as to create any dangerous, injurious, noxious or otherwise objection- able fire, explosion, radioactive or other hazard, noise or vibra- tion; smoke, dust, odor or other form of air pollution; electrical or other disturbance; glare, liquid or solid refuse or wastes.
Article 14
Voted. unanimously: To amend The Protective Zoning By-Law of the Town of Acton by deleting Subsection A from Section III and substituting therefor the following:
A. TYPES OF DISTRICTS
For the purpose 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.) R-1
b. Residence 2 (min. 20,000 sq. ft.) R-2
2. Business Districts
a. General Business B-1
3. Industrial Districts
a. General Industrial I-1
and by amending subsection B by dating map number 1 "As revised October 28, 1963", and by adopting the changes in the designation of and location of districts as shown thereon, said map being on file in the office of the Town Clerk.
Article 15
Voted unanimously: To amend the Protective Zoning By-Law of the Town of Acton by deleting Section IV and substituting therefor the following:
IV. USE REGULATIONS
A. General Requirements
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THE TOWN OF ACTON
1. Residential uses existing in Industrial Districts prior to October 28, 1963 shall be considered nonconforming, but shall be permitted the same respective privileges as per- mitted in Section III A1.
2. Trailer camps shall not be permitted in any district.
B. Residential and Agricultural Districts (R1 and R2)
1. In a Residential and Agricultural District (R1 and/or R2) a building or premises 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. Housing for farm equipment shall not be limited.
c. Agricultural use including the sale of farm prod- ucts the major portion of which is grown on the premises.
d. Accessory use on the same lot, if not detrimental to the neighborhood, including the use of a room or rooms in a dwelling for not more than four paying guests, as a tea room, an office or studio by a physician, dentist, lawyer, music teacher, hair- dresser, worker in handicrafts or a person of similar vocation resident in the dwelling, employ- ing not more than two permanent employees.
2. The following and similar uses may be permitted by the Board of Appeals if adjudged nondetrimental to the neigh- borhood:
a. Sawmill
b. Kennel
c. Rest Home
d. Sand or Gravel Pit
e. Stone Quarry
f. Undertaking Establishment
g. Guest or Lodging House for more than four persons
h. Multiple dwelling units for two or more families
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. Retail business, service or public utility. Manufac- turing on the premises of products the major por- tion of which is to be sold on the premises to the ultimate consumers thereof.
c. Bank, office or professional.
d. Apartment, hotel, or lodging house.
e. Place of amusement or assembly.
f. Restaurant.
2. The following and similar uses may be permitted by the Board of Appeals if adjudged non-detrimental to the neigh- borhood.
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228th ANNUAL REPORT OF
a. Sawmill
b. Kennel
c. Wholesale business not involving manufacture
d. Warehouse
e. Stone Quarry
f. Undertaking establishment
g. Sand or gravel pit
D. Industrial District
1. In an Industrial District, a building or structure may be erected or altered and a building, structure or premises may be used for manufacturing, and for all uses as per- mitted in Section IV-C 1b, c, d, e and f.
Article 16
Voted unanimously: To amend the Protective Zoning By-Law of the Town of Acton by deleting Section V and substituting therefor the following:
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 accordance 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 per- mit a new structure to be erected in conformity with the line so established.
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.
Other than apartment units, no more than one building for residential use shall be erected on a single lot.
5. Parking Area
A parking area off the public ways must be provided for all automobiles used by all employees, residents and customers of the premises.
The formulae for determining the proposed number of park- ing spaces required shall be submitted to and for the ap- proval of the Board of Selectmen or its agent at the same time as application shall be made for a building or use per- mit.
6. 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
Mimimum Lot Dimensions Frontage or Width at Minimum Setback
Minimum Yard Dimensions
Maximum Heights of Buildings
Lot Area (Sq. Ft.)
Front Yard
Side Yard
Setback
Stories
R-1 All Residential and Agricultural Uses
40,000
200
45
20
22
All other uses
40,000
200
45
20
22
R-2 All Residential and Agricultural Uses
20,000
150
30
10
N / W
All other uses
20,000
150
30
10
2를
B-1 All uses allowed in R-2 subject to regula- tions in R-2. Two to four family residence and conversions
10,000 per D.U.
100
30
20
2}
Multi family uses
60,000
200
45
30
3
3,500 per D.U.
I-1 All permitted uses
40,000
100
45
20
THE TOWN OF ACTON
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228th ANNUAL REPORT OF
C. Modifications and Exceptions
1. Party Walls
In General Business only, the required side yards shall not apply to non residential buildings having an approved party wall on a side lot line.
Article 17
Voted unanimously: To amend the Protective Zoning By-Law of the Town of Acton by deleting Subsections A and B of Section VI and inserting in place thereof the following new Subsections:
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 aggrieved 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 dimensions of the lot to be developed, the location and size of all existing structures on the lot, the location of all pro- posed improvements, 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 in- formation as may be necessary to provide for the execution and enforcement of this By-Law. A record of all applica- tions, 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 required by the Acton Build- ing 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 determine such violation. If, after a public hearing, violation is found to have occured or does exist, the violator shall pay such costs in addition to any fines.
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THE TOWN OF ACTON
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 General Laws as amended, of the Commonwalth of Massa- chusetts.
B. Board of Appeals
1. In accordance with the provisions of Chapter 40A of the General 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 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 pur- pose specified and shall not waive, vary or relax any other provision of this By-Law applicable thereto. In acting upon special permits the Board shall consider the general intent of the Comprehensive Town Plan and may accordingly im- pose such conditions and safeguards as are deemed neces- sary.
c. To authorize upon appeal or petition with respect to a particular 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 appellant and only where the Board finds that:
aa. There are special circumstances or conditions applying to the lands or building for which the variance is sought, which circumstances or con- ditions are peculiar to such land or building but not affecting generally the zoning district in which it is located and application of the stand- ards of this By-Law would deprive the applicant of a reasonable use of the property; and
bb. The specific variance as granted by the Board is the minimum variance that will grant a reason- able 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 neces- sary to protect the neighborhood in addition to the applicable requirements of this By-Law.
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228th ANNUAL REPORT OF
4 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 unfavor- ably 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 ac- tion except with the consent of all the members of the Planning Board.
Article 18
Motion: To rezone from Residential and Agricultural District to Indust- rial District the land on the northerly side of School Street in South Acton, bounded as follows:
Beginning at a point on the northerly sideline of School Street, 1,095.98 feet easterly from a stone bound at the intersection of School Street and Laws Brook Road, thence 425.69 feet at North 22° 00'00" West, thence 154.75 feet at North 29° 30'55" West, thence 340.48 feet at South 72° 10'03" West, thence 187.50 feet at South 73° 37'29" West, thence 218.00 feet at South 82° 44'18" West, thence 41.25 feet at North 60° 18'55" West, thence 106.79 feet at North 65° 33'41" West, thence 50.70 feet at North 63º 45'13" West thence 776.08 feet at North 13° 08'51" East, thence 394.77 feet at South 78° 04'26" East, thence 113.51 feet at South 13° 01'11" West, thence 519.76 feet at South 89° 01'53" East, thence 155.55 feet at North 69° 56'57" East, thence 345.39 feet at South 39° 13'43" East, thence 563.70 feet at South 31° 26'00" East to the northerly sideline of School Street, thence by the northerly sideline of School Street, 94.79 feet at South 49° 16'50" West, thence 189.37 feet along a right curve of radius 548.14 feet thence 379.25 feet at South 69° 04' 30" West to the point of beginning.
All the above land to contain approximately 24.8 acres, being owned by Merwin H. Craig and being shown on a plan entitled "Meadowgreen, Sub- division Plan of Land in Acton, Massachusetts," dated February 21, 1961 by Joseph W. Moore, Inc. Registered Land Surveyor and recorded in the Middle- sex Registry of Deeds (South District) as Plan 1103 (A & B of 2) of 1961 in Book 9860, Page 445.
Moderator appointed the following tellers: Porter Jenks, Philip Harris, James McBride, Raymond Letts and Edwin Christofferson.
Total vote 430 Yes - 241 No - 189
Needed to carry - 287
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