USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1959 > Part 12
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5. Business or professional office or agency, bank or other financial institution.
6. Public or semi-public building.
7. Automobile parking lot.
(c) One or more of the following additional uses, pro- vided the approval of the Zoning Board of Appeals is obtained in the manner set forth in Section 4 and 4A:
1. Public garage or gasoline filling station.
2. Hotel or motel.
3. The regular furnishing of entertainment at a restaurant or similar place.
4. Theater, meeting hall, club house, dancing or music academy, or other indoor place of amuse- ment or assembly.
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5. Any other purpose which the Zoning Board of Appeals shall specifically find is of the same general character as any of the foregoing pur- poses authorized or permissible in the district.
(d) Such industry, trade or light manufacturing as is customary or usual in connection with, or is part of, any of the purposes authorized or permitted under the provisions of this Section and is incidental thereto, if such industry is carried on in the same building or in other buildings on the same premises as the business or use with which it is connected, provided, however, that:
1. No industry, trade or light manufacturing shall be carried on in a business district which is pro- hibited or not authorized in the industrial dis- tricts, or is dangerous to the vicinity because of possible fire, explosion or other cause.
2. The total floor space which may be used for such industry, trade or light manufacturing, including processing, repair work, and the storage of ma- terials and equipment for off-premises use, shall not exceed a total area of two thousand (2000) square feet per establisment (whether on the same or adjoining lots), unless permission of the Zoning Board of Appeals is obtained in the man- ner provided in Section 4 and 4A for the use of such additional floor space as they shall specify.
(e) Such other accessory purposes as are customary or usual in connection with any of the foregoing pur- poses and are incidental thereto.
Section 16-A. Building Coverage and Court Regulations
In the Business A districts, all buildings used for resi- dential purposes shall conform to the building coverage and court regulations as set forth in Section 15-A for Residence C districts, except that where a particular business district has a maximum dimension of less than 500 feet and is bound- ed on all sides by a Residence A and/or Residence B district, the coverage and court regulations as set forth in Section 15-2 for Residence D districts shall apply instead.
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Section 16-B. Height and Area Regulations
The height and area regulations in the Business A dis- tricts are hereby established as set forth in the "Schedule of Height and Area Regulation" attached hereto. All buildings in the Business A districts used for residential purposes shall conform to the yard regulations as set forth for Residence C districts, except that where a particular business district has a maximum dimension of less than 500 feet and is bounded on all sides by a Residence A and/or Residence B district, the yard regulations as set forth for Residence D districts shall apply.
Section 16-C. Enclosure of Uses
In the Business A districts, all uses which are authorized or may be permitted, and all uses accessory thereto, shall be conducted wholly within a completely enclosed building, except the following :
1. Uses which are authorized or may be permitted in in the Residence C districts.
2. Plants growing in the soil.
3. Automobile parking lots.
4. Exterior signs.
5. Exterior lights, if so arranged as to reflect away from streets and from adjacent residence districts.
Provided, however, the Zoning Board of Appeals may permit, in the manner set forth in Section 4 and 4A, the open storage of goods, products, materials or equipment or other open use if accessory to a lawful main use conducted in a completely enclosed building on the same premises, pro- vided that the total ground area devoted to such open use does not exceed twenty-five (25) per cent of the ground area covered by said building.
BUSINESS B DISTRICTS
Section 17. Use Regulations
In the Business B districts, no new building or part thereof shall be constructed or used and no building or part thereof shall be altered, enlarged, reconstructed or used and no land shall be used for any purpose except the following :
(a) Any purpose which is authorized in the Business A districts
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(b) One or more of the following uses:
1. Public garage or gasoline filling station
2. Hotel or motel
3. Place of amusement or assembly
4. Printing or publishing establishment
5. Plant for manufacturing of electrical or elec- tronic devices, appliances, apparatus, or supplies
6. Plant for manufacturing of medical, dental, or drafting instruments, optical goods, watches or other precision instruments
7. Plant for manufacturing of advertising displays, awnings or shades, beverages (non-alcoholic), brushes, books, clothing or other textile products, jewelry
8. Storage in bulk of, or warehouse for, lumber and other building supplies, contractors' equip- ment, food, furniture, hardware, metal, paper, pipe, shop supplies, tobacco, tools, wood, or any products of manufacturing activities authorized or permitted in the district
(c) Provided the approval of the Zoning Board of Appeals is obtained in the manner set forth in Sec- tion 4 and 4A, any other lawful business, service, storage or light manufacturing use which said Board shall specifically find is (a) not dangerous to the vicinity by reason of fire or explosion, or other causes, and (b) not likely to create more noise, vi- bration, dust, heat, smoke, fumes, odor or glare than the minimum amount normally resulting from any of the uses specifically hereinbefore set forth.
(d) Such accessory purposes as are customary or usual in connection with any of the foregoing purposes and are incidental thereto.
Section 17-A. Building Coverage and Court Regulations
In the Business B districts, all buildings used for resi- dential purposes shall conform to the coverage and court regulations set forth in Section 16-A for Business A districts.
Section 17-B. Height and Area Regulations
The height and area regulations in the Business B dis- tricts are hereby established as set forth in the "Schedule of
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Height and Area Regulation" attached hereto. All buildings in the Business B districts used for residential purposes shall conform to the yard regulations set forth in Section 16-B for Business A districts.
Section 17-C. Enclosure of Uses in Certain Locations
In the Business B districts, all uses which are authorized or permissible may be conducted within or without a com- pletely enclosed building, except that permission of the Zon- ing Board of Appeals shall be required for open uses (whether main or accessory) if located wholly or partially within two hundred (200) feet of the boundary of a resi- dence district subject to the same exceptions as apply to enclosure of uses in the Business A districts.
INDUSTRIAL DISTRICTS
Section 18. Use Regulations
In the Industrial districts, buildings or land may be used and buildings may be altered or erected for any legal use except the following :
(1) Abattoir and commercial slaughtering
(2) Manufacture of corrosive, poisonous or malodorous acids and chemicals
(3) Cement, lime, gypsum and plaster of Paris manu- facture
(4) Fertilizer manufacture. Fat rendering in manufac- ture of tallow, grease and oils
(5) Glue, size and gelatin manufacture
(6) Petroleum and Kerosene refining or distillation and derivation of by-products
(7) Manufacture of explosives and the stores of ex- plosives in bulk
(8) Smelting and reduction of copper, tin, zinc and iron ores
(9) Similar uses which are dangerous by reason of fire or explosion, or injurious, noxious or detrimental to the neighborhood by reason of the emission of dust, odor, fumes, smoke wastes, refuse matter, noise, vibrations or because of any other objection- able feature.
(10) A residence use for more than one family in a building used for an industrial purpose
(11) A yard for the storage or sale of used building or junk material
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Section 18-A. Building Coverage and Court Regulations
In the Industrial districts, all buildings used for resi- dential purposes shall conform to the building coverage and court regulations set forth in Section 17-A for Business B districts.
Section 18-B. Height and Area Regulations
The height and area regulations in the Industrial dis- tricts are hereby established as set forth in the "Schedule of Area Regulations" attached hereto. All buildings in the In- dustrial districts used for residential purposes shall conform to the height and yard regulations as set forth for Residence B districts.
OFF-STREET LOADING SPACE IN NON-RESIDENTIAL
DISTRICTS
Section 18-1. Off-Street Loading Requirements
In the Business A, Business B, and Industrial districts, off-street loading space shall be established and maintained on the same premises with every building constructed, en- larged, or converted to a new use after the date of adoption of this amendment, but only where such construction, en- largement or conversion increases by more than eight thou- sand (8000) square feet, subsequent to said amendment, the total gross floor area of all buildings on the premises used, in whole or in part, for any of the following purposes :
(a) Store, salesroom or showroom
(b) Restaurant, personal or consumer service establish- ment
(c) Manufacturing plant, storage building or warehouse
(d) Any other use which is authorized or may be per- mitted in any non-residential district but not in any residence district, with the following exceptions :
1. Business or professional office or agency, bank or other financial institution
2. Public or semi-public building
3. Hotel or motel
4. Theater, meeting hall, club house, dancing or music academy
5. Place of amusement or assembly
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Where the premises in question is vacant, or otherwise contains no buildings used for a purpose requiring off-street loading, the initial provision of floor area devoted to such purposes shall be deemed to constitute an increase in the floor area so used, and come within the jurisdiction of this Section.
Section 18-2. Size and Number of Berths
The required off-street loading space shall consist of accommodations outside the lines of any street for loading and unloading of trucks and other commercial vehicles, and shall be in the form of one or more berths, located either within a building or in open space on the premises. Each berth shall be not less than twelve (12) feet wide and twenty-five (25) feet long, and shall have a minimum clear height, including access to it, of fourteen (14) feet. The mini- mum number of berths to be estabished shall be as follows: 8,000 to 20,000 sq. ft. of gross floor area - 1 berth Each additional 20,000 sq. ft. or fraction thereof - 1 additional berth.
Section 18-3. Premises Defined
For the purposes of these requirements, the premises shall be deemed to be the lot on which the building in ques- tion is located, together with any adjacent lots used by the same commercial enterprise. However, in the case of a single building divided by permanent partitions into a number of different stores, plants, or other compartments for the use of separate commercial enterprises, each such store, plant or compartment and the portion of the lot allocated thereto shall be deemed to constitute a separate premises.
Section 18-4. Exceptions
The Zoning Board of Appeals may permit a special ex- ception to the off-street loading requirements hereof and require only such degree of compliance as it may deem rea- sonable, in the following particular cases:
(a) Where a substantial portion of the gross floor area on the premises is devoted to uses which, in the opinion of the Board, do not involve the regular receipt or shipping of goods by truck or other vehicle.
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(b) Where the loading or unloading of trucks or other vehicles standing within an abutting private street or alley, or public way will not, in the opinion of the Board, cause sufficient obstruction to travel as to justify enforcement.
(c) In a Business A district only, where the premises does not abut a private street or alley, nor more than one public street, and where interruption of its frontage on the main public street by a loading berth and/or by an access driveway thereto would, in the opinion of the Board, be undesirable because of undue pedestrian hazard or unreasonable reduc- tion in the building width available for display (generally, where the width is less than one hun- dred feet).
EXCEPTIONS
Section 19. Height Exceptions
The height limitations as set forth in the foregoing schedule shall not apply to chimneys, ventilators, skylights, water tanks, bulkheads, penthouses and other accessory additions which are required or are customarily carried above the roofs of buildings, nor to towers, spires, domes, cupolas, and similar additions to buildings if such additions are not used for living purposes.
Section 20. Lot Area and Width Exceptions
Minimum lot area and width requirements in Residence districts as set forth in Sections 13-A and 14-A, shall not apply to lots which prior to the passage of this by-law were shown as separate parcels on subdivisions plans approved by the Board of Survey or on plans or deeds duly recorded with the Registry of Deeds. In the case of such lots, the re- quired side yards need not be more than 7 feet 6 inches or 15 per cent of the lot width, whichever is the greater.
Section 21. Yard Exceptions
1. Projecting eaves, chimneys, bay windows, balconies, open fire escapes and like projections which do not project more than three and one-half feet, and unen- closed steps, unroofed porches and the like, which do not project more than ten feet in the front yard and five feet in the side yard beyond the line of the found-
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ARLINGTON TOWN REPORT
ation wall, may extend beyond the minimum yard regulations otherwise provided for the district in which the structure is built.
2. In the Residence A and B districts, no building need be set back from the street line more than the average of the set backs of the buildings on the lots adjacent thereto on either side, a vacant lot or a lot occupied by a building set back more than 25 feet in Residence A district or more than 20 feet in a Residence B dis- trict being counted as though occupied by a building set back 25 feet and 20 feet respectively; but in no case shall any part of a building in a Residence A or B district be less than 10 feet from any street line.
3. In the Business districts, a rear yard shall not be required in the case of an interior lot running through a block from street to street when improved by a single principal building.
VALIDITY AND EFFECTIVENESS
Section 22. Validity
The invalidity of any section, paragraph or provision of this by-law, or of any district, or part thereof as shown upon the Zoning Map, or of any boundary line shown upon said map, shall not affect the validity of any other section, para- graph or provisions of this by-law, or of any other district or part thereof as shown upon the Zoning Map, or of any other such boundary line.
Section 23. Existing By-Laws Not Repealed
Nothing contained in this by-law shall be construed as repealing or modifying any existing by-law or regulation of the Town, but shall be in addition thereto, provided that, wherever this by-law imposes greater restrictions upon the construction or use of buildings than other by-laws or pro- visions of law, such greater restrictions shall prevail. Section 24. When Effective
This by-law shall take effect upon acceptance by the Town and its approval by the Attorney General and publica- tion according to law.
SEE CHART AT END OF BOOK
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TOWN RECORDS
it was
VOTED: ( Unanimously ) That the Town amend its Zoning By-Law as proposed by the Planning Board of the Town.
There being no further business under Article 78, the Moderator declared it disposed of.
Article 79. (Proposed Alteration of Zoning Map - Area on Garden Street.)
John B. Byrne, Jr., Chairman of the Planning Board, reported for the Planning Board and on his motion, duly made and seconded, it was
VOTED: That the report be received.
Thereupon, on motion duly made and seconded, it was
VOTED: (Unanimously) That the Town amend its Zoning By-Law by altering the Zoning map therein referred to so as to in- clude in the Industrial District the area now included in the Resi- dence B District and bounded and described as follows:
SOUTHWESTERLY by Garden Street, one hundred forty-five and 5/10 (145.5) feet more or less;
NORTHWESTERLY by Lot 19, as shown on a plan entitled "Arl- ington Gardens, Plan of Lots, Arlington, Mass", dated Dec. 20, 1918. C. H. Gannett, C. E., recorded with Middlesex South Dis- trict Deeds, Book 5425, page 57, one hun- dred nine and 6/10 (109.6) feet, more or less; and
SOUTHEASTERLY by land of the Town of Arlington, one hundred seventy-eight and 4/10 (178.4) feet, more or less.
There being no further business under Article 79, the Moderator declared it disposed of.
Article 80. (Proposed Alteration of Zoning Map -- Area on Garden Street)
John B. Byrne, Jr. Chairman of the Planning Board, reported for the Planning Board and on his motion, duly made and seconded, it was
VOTED: That the report be received.
Thereupon, on motion duly made and seconded, it was VOTED: (Unanimously) That the Town amend its Zoning By-Law by altering the zoning map therein referred to so as to include in the Industrial District the area now included in the Residence B District and bounded and described as follows:
NORTHEASTERLY by Garden Street, one hundred seventy-three (173) feet;
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ARLINGTON TOWN REPORT
NORTHWESTERLY by Lot 35 as shown on a plan entitled "Arl- ington Gardens, Plan of Lots, Arlington, Mass.", dated Dec. 20, 1918. C. H. Gannett, C. E., recorded with Middlesex South Dis- trict Deeds, Book 5425, page 57, ninety- nine and 4/10 (99.4) feet more or less;
SOUTHWESTERLY by land of Charles McConnell and Claire McConnell, one hundred ninety-three (193) feet; and
SOUTHEASTERLY by Lot 25, as shown on said plan, ninety- eight and 8/10 (98.8) feet.
There being no further business under Article 80, the Moderator declared it disposed of.
Article 81. (Proposed Alteration of Zoning Map - Area on Pleasant Street. )
Chairman John B. Byrne, Jr. reported for the Planning Board and on his motion, duly made and seconded, it was
VOTED: That the report be received.
Thereupon, on motion duly made and seconded, it was VOTED : (Unanimously) That no action be taken under Article 81 of the Warrant.
There being no further business under Article 81, the Moderator declared it disposed of.
Article 82. (Proposed Alteration of Zoning Map - Area on Elmhurst Road.)
Chairman John B. Byrne, Jr. reported for the Planning Board and on his motion, duly made and seconded, it was
VOTED: That the report be received.
Thereupon, on motion duly made and seconded, it was VOTED: (Unanimously) That no action be taken under Article 82 of the Warrant.
There being no further business under Article 82, the Moderator declared it disposed of.
Article 83. (Proposed Alteration of Zoning Map - Area on Magnolia Street.)
Chairman John B. Byrne, Jr. reported for the Planning Board and on his motion, duly made and seconded, it was
VOTED : That the report be received.
Thereupon, Mr. Byrne moved, and it was seconded,
"That no action be taken under Article 83 of the Warrant".
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TOWN RECORDS
John J. Stanton of Precinct 14 (counsel for the petitioner) offered the following substitute motion, which was seconded and declared by the Moderator to have carried on a standing vote, 177 in the affirmative and 77 in the negative:
"That the town will amend its Zoning By-Laws by altering the zoning map therein referred to so as to include in the Busi- ness B District the area now included in the Residence B. District, and bounded and described as follows:
SOUTHEASTERLY : by Magnolia Street, ninety feet;
SOUTHWESTERLY : by land now or formerly of Lewis J. Jacobson, one hundred feet;
NORTHWESTERLY: by land now or formerly of Abbot Allen et al, ninety feet; and
NORTHEASTERLY: by land now or formerly of John For- ward, one hundred feet.
Said parcel is shown as lots 41, 42 and 43 on a plan hereinafter mentioned. All of the said boundaries are determined by the Court to be located as shown on a plan, as approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed in the Registry of Deeds for the South Registry District of Middlesex County in Registration Book 34, Page 149, with Certificate 5095, and shown on a Plan filed in the Land Registration Office March 26, 1912 by one C. B. Humphrey, Surveyor."
However, on the standing vote taken on the motion of the Planning Board as substituted by the motion of Mr. Stanton, 112 having voted in the affirmative and 72 in the negative, less than the required two-thirds vote, it was declared lost by the Moderator.
There being no further business under Article 83, the Moderator declared it disposed of.
Article 84. (Proposed Alteration of Zoning Map - Area on Magnolia Street. )
Chairman John B. Byrne, Jr. reported for the Planning Board and on his motion, duly seconded, it was
VOTED : That the report be received.
Thereupon, on motion duly made and seconded, it was VOTED: That no action be taken under Article 84 of the Warrant.
There being no further business under Article 84, the Moderator declared it disposed of.
Article 85. (Rescinding of Vote on Land Taking.)
VOTED : ( Unanimously ) That the Town does hereby rescind the vote taken under Article 83 of the Warrant for the 1955 Annual
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Town Meeting, wherein the School Committee was authorized and empowered to purchase or take in fee by eminent domain or other- wise acquire for school purposes certain land within the Town, situ- ated on Tufts Street, and for which an appropriation was made.
There being no further business under Article 85, the Moderator declared it disposed of.
Article 86. (Installation of Roadways at Arlington
High School.)
VOTED : (Unanimously) That the sum of twenty four thousand two hundred twenty (24,220) dollars be and hereby is appropriated to install roadways, sidewalks and a parking space in the area at the front of the Arlington High School; said sum to be raised by general tax and expended under the direction of the High School Additions and Reconstruction Committee.
There being no further business under Article 86, the Moderator declared it disposed of.
Article 87. (Appropriation for Maintenance Department Quarters. ) VOTED : (Unanimously) That the sum of seven thousand six hundred sixty eight (7,668) dollars be and hereby is appro- priated for the purpose of completing the Maintenance Department quarters in the new addition to the Arlington High School; said sum to be taken from available funds now in the treasury and ex- pended under the direction of the High School Additions and Re- construction Committee.
There being no further business under Article 87, the Moderator declared it disposed of.
Article 88. (Appointment of Committee - Re School Pheasant Avenue. )
on
By consent of the meeting the motion of the Finance Committee was considered withdrawn, and on the new motion of Kermit C. Streng, Chairman of the Finance Commiteee, which was seconded, it was
VOTED: (Unanimously) That the Moderator be and hereby is authorized and directed to appoint a committee of seven, com- posed of the Town Manager, one member of the School Committee, two members of the School Survey Committee, and three registered voters of the Town to procure plans and estimates for the con- struction of an elementary school building on land owned by the Town, located on Pheasant Avenue, said committee to report to the Annual Town Meeting of 1960; and that the sum of fifteen thousand (15,000) dollars be and hereby is appropriated for the use of said committee; said sum to be raised by general tax.
There being no further business under Article 88, the Moderator declared it disposed of.
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TOWN RECORDS
Article 89. (Land Taking for School Purposes.)
VOTED : (Unanimously) That the School Committee be and hereby is authorized and empowered on behalf of the Town to ac- quire by purchase, eminent domain, or otherwise for school pur- poses, all or any portion of the land within the Town (with or without the buildings thereon) hereinafter described, any interests or easements therein, and any rights or easements of way or other- wise as appurtenant thereto, and subject to or with any reservations of any rights, or easements therein; and for this purpose the sum of two thousand one hundred twenty five (2,125) dollars be and hereby is appropriated; said sum to be raised by general tax and expended under the direction of the School Committee and the Town Manager.
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