USA > Massachusetts > Middlesex County > Reading > Town of Reading Massachusetts annual report 1926 > Part 3
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4. Customary home occupations such as millinery, dressmaking, hair- dressing, or manicuring, carried on in such a house by a person resident therein; provided there is no display visible from the street or sign to advertise such use other than an announcement sign not exceeding six inches in width and twenty-four inches in length.
5. Club, lodge, social or recreational building or structure. except one the chief activity of which is carried on as a business for gain; pro- vided that bowling alleys shall not be installed upon such premises.
6. Churches and other places of worship.
7. Schools or other municipal or public use, not including a storage vard or repair shop.
8. Farm, market garden, nursery or greenhouse, including the sale of natural products raised on the premises and of articles manufactured on the premises from such products, and the removal and sale of loam, sand, stone and gravel therefrom.
9. Parks and playgrounds.
10. Railroad passenger stations.
11. Bus passenger stations; provided the location and construction be approved by the Board of Appeal after proceeding in the manner provided by Section XVI-5 below as not seriously detrimental to a resi- dential neighborhood.
12. Telephone exchange having no service year.
13. Hospital, sanitarium or other medical or charitable institution; provided the location and construction be approved by the Board of Appeal after proceeding in the manner provided by Section XVI-5 be- low as not seriously detrimental to a residential neighborhood.
14. Accessory uses customary in connection with the foregoing uses, incidental thereto, and located upon the same lo:, including a private garage and a private stable.
Section 5. Multiple Districts, Residence, "M":
1. Any use permitted in a single residence district.
2. Two family. semi-detached house.
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3. Accessory uses customary in connection with the foregoing uses, incidental thereto, and located upon the same lot, including; a private garage and a private stable. The term private garage in this Section and in Section IV-14 above and shall import this restriction, that such garage shall not be used for the housing' of more than three cars unless all the cars kept therein are the property of the owner or tenant of the premises or of his family resident thereon.
Section 6. Business Districts, "B":
1. Any use permitted in a Multiple Residence District.
2. Two-family semi-detached house, offices, stores or stands for the sale of goods or the rendering of services primarily for retail trade.
3. Manufacturing clearly incidental to a retail business lawfully conducted on the premises or the major portion of the products of which are sold at retail on the premises; provided that such manufacturing be not by reason of dust, odor, fumes, smoke, gas, waste, refuse matter, noise or excessive vibration, or danger of explosion or fire, detrimental to a residential, or commercial district or neighborhood.
4. Business or professional offices.
5. Banks or other monetary institutions.
6. Places of amusement or assembly, hotels and restaurants.
7. Apartment houses, constructed in accordance with law.
8. Public garage or filling station.
9. Public stable.
10. Place of business of baker, barber, blacksmith, builder, carpenter, caterer, clothes cleaner and presser, confectioner, contractor, decorator, dressmaker, dyer, electrician, florist, furrier, hairdesser, laundry, mani- curist, mason, milk distributor, milliner, newsdealer, optician, painter, paperhanger, photographer, plumber, printer, publisher, roofer, shoemaker, shoe repairer, shoe shiner, tailor, tinsmith, undertaker, upholsterer or wheelwright.
11. Additional accessory uses, if any, customary in connection with such additional uses, incidental thereto, and located upon the same lot, but not of character more detrimental to a residential or commercial neighborhood than the above permitted uses.
Section 7. Industrial Districts :
1. Any use permitted in a multiple residence district.
2. Yards, sheds and the like, for contractors' equipment and building materials.
3. Coke, coal and woodyards and sheds.
4. Storage of gas up to 200 cubic feet and under pressure of not over twenty pounds to the square inch.
5. Storage of gasoline or oil; to be, when above ground, in tanks of not exceeding twenty thousand gallons capacity, and not nearer than fifty feet to the boundary of another district.
6. Woodworking establishments, no principal buildings of which shall be nearer than fifty feet to the boundary of another district.
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7. Railroad yards, sheds and round house, but not to include a repair shop except such as may be accessory to said uses.
8. Any industry or manufacturing which shall not be, by reason of dust, odor, fumes, smoke, gas, wastes, refuse matter, noise or ex- cessive vibration or danger of explosion or fire, seriously detrimental to adjoining districts.
Section S. Unrestricted Districts, "U":
1. Any use not otherwise illegal.
Part 3-Height Regulations Section IX
No building or structure shall exceed the height limit prescribed therefor in this section.
1. In a residence district, two and one-half stories, or thirty-five feet; or three stories or forty feet if side yards of double the width re- quired in Section XI are maintained.
2. In a business district, four stories or sixty feet.
3. In a residence district, accessory buildings, two stories or twenty- eight feet.
4. In an industrial or unrestricted district, dwellings three stories or forty feet, other buildings four stories or sixty feet.
5. The above limitations do not apply to chimneys, ventilators, sky- lights, or other accessory features usually carried above roofs, nor to domes, spires or towers, if such features are in no way used for dwelling purposes; nor to ornamental towers, observation towers, water towers, windmills and like structures which occupy less than twenty-five per cent of the lot area.
Part 4-Area Regulations Section X, Set-back Lines
1. No building or structure in a residential district shall extend nearer any street line than twenty feet, except if there is a principal building upon each side of and within two hundred feet of the site of the building in question, on the same side of the street and within the same block, no greater set-back shall be required than the average set-back of such existing principal buildings. Projecting eaves, chimneys, bay windows, and like projections which do not project more than three and one-half feet; and unenclosed steps, porches, balconies and the like, which do not project more than ten feet beyond the line of the foundation wall, shall not be affected by this provision.
2. In case of a corner lot, the set-back required by this section shall be required only with respect to one street line, and the provisions of the following section respecting side yards shall govern as to the other street line; except that no accessory building shall in any event be nearer to any street line than twenty feet, if it is possible to locate it otherwise while conforming to the other provisions of this by-law.
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Section XI, Side Yards
1. No principal buildings in any residential district and no building used for dwelling purposes in any other district shall have a side wall except a party wall where such wall is permitted nearer to any side lot line than ten feet.
2. No principal building in any residential district, and no prin- cipal building used for dwelling purposes in any other district shall have a side wall, except a party wall where such wall is permitted, nearer than twenty feet to any other principal building on the same lot.
3. Projecting eaves, chimneys, bay windows and like projections, which do not project more than three and one-half feet; and unenclosed steps, porches, balconies and the like which do not project more than five feet; shall not be affected by the provisions of this section.
4. Accessory buildings in a residential district shall not be nearer than three feet to a side lot line.
Section XII, Rear Yards
1. No principal building in any residence district, and no principal building' used for dwelling purposes in any district shall extend nearer than twenty feet to the rear lot line; except that for each foot by which the lot is greater or less than one hundred feet deep at the time of the taking effect of this by-law, six inches shall be added to or deducted from the required depth of the rear yard, but no rear yard shall be required to be more than thirty feet or permitted to be less than ten feet deep.
2. Accessory buildings may occupy not over twenty-five per cent of the required rear yard area and shall be distant not less than three feet from the rear lot line.
Section XIII, Areas in Business or Industrial Districts
Not more than eighty-five per cent of the area of any lot in a business or industrial district shall be built over.
Part V-General Provisions Section XIV, Lots
1. A lot as that term is used in this by-law is a single tract of land held in identical ownership throughout, not contiguous to any other tract of land under the same ownership.
2. This by-law shall not be held to prohibit any sale of land, but no sale which creates or increases a non-conformity with any regulations herein, shall enable any person to act with respect to the regulations herein, otherwise than if said sale to such extent as creates or increases such non- conformity had not taken place.
Section XV, Non-Conforming Uses and Conditions
1. Nothing in this by-law shall prevent the continued use or main- tenance of any building, structure or premises, for the purpose for which
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it is used, or in the condition in which it exists, at the time when this by- law takes effect; but
2. No non-conforming use shall be substantially changed, moved, enlarged or extended; and no building, structure or premises, devoted in whole or in part to any non-conforming use, shall be substantially altered, moved, reconstructed, enlarged or extended or replaced if destroyed by fire or other cause; unless the Board of Appeal after proceedings in the manner provided by Section XVI-5 below, finds that such action is re- quired to prevent unnecessary hardship or gross economic loss and issues a special permit therefor.
An industrial establishment, existing at the time this by-law takes effect, and which has not since been destroyed by fire or other cause, may, however, without such special permit be enlarged to double its size as existing when this by-law takes effect, by doubling either the floor space of its buildings or the ground area occupied by its buildings.
3. No such special permit shall be granted for the extending of any non-conforming use, or the moving of any building or structure devoted to a non-conforming use, into a more restricted district, where such action will be substantially injurious to the neighborhood, or for more than fifty feet beyond the boundary.
4. No such special permit shall be granted for the changing of a non-conforming use to a use not authorized in a district in which the original non-conforming use is authorized.
5. In exceptional cases where the proposed non-conforming building, structure or use, will supply a real need, and will not be substantially in- jurious to the neighborhood, the Board of Appeal after proceeding in the manner provided by Section XVI-5 below, may grant special permits for new non-conforming buildings, structures or uses, upon such conditions and for such periods of not more than one year at a time as will seem desirable.
6. Nothing in this by-law shall prevent the alteration into a two- family house existing at the time this by-law takes effect and having at that time at least eight finished and habitable principal rooms, provided the external appearance, if in a single residence district of a single-family house, or, if in a multiple residence district of a single family or two- family semi-detached house be retained so far as reasonably practicable.
Section XVI, Administration and Enforcement
1. The Inspector of Buildings appointed under the building laws, shall grant no permit for the construction or alteration of any building or structure if the building or structure as constructed or altered would be in violation of any provision of this by-law. No municipal officer shall grant any permit or license for the use of a building, structure or premises, which use would be in violation of any provision of this by-law. Whenever such permit or license is refused because of some provision of this by-law, s ch refusal shall be in writing and shall clearly state the reasons therefor.
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2. Any person aggrieved by the refusal of a permit or license under the foregoing provision, may appeal to the Board of Appeal, appointed under the Building Laws of the Town.
3. The Inspector of Buildings, or any municipal officer or officers, shall require of every applicant for such license or permit for any con- struction, alteration or use of any building, structure or premises, for which a permit or license is by law required, such information, plans, specifications and the like, as shall be deemed necessary for the full and accurate exposition of the proposed construction, alteration or use, with relation to the requirements of this by-law. Such material shall be kept on file in the records of the officer or officers to whom they are submitted.
4. Upon any such application for a permit or license, or upon any appeal from the decision of the Inspector of Buildings, or other officer upon such application such officer, or the Board of Appeal, as the case may be, may require the applicant to give such notice of the pendency of said application or appeal, as under the circumstances of the particular case may be deemed reasonable, to those persons owners or tenants of premises in the vicinity of the premises in question, who may be deemed most immediately affected by the proposed construction, alteration or use. The Board of Appeal may make, and amend from time to time, reasonable rules consistent with this by-law, to govern the manner of proceeding of the Inspector of Buildings and of said board in respect to such applica- tions and appeals.
5. The Board of Appeal may in the manner prescribed by G. L., C. 40, Sec. 27-A, vary the application in this by-law in specific cases where- in its enforcement would involve practical difficulty or unnecessary hard- ship and wherein desirable relief may be granted without substantially derogating from the intent and purpose of this by-law, but not otherwise.
All proceedings upon applications for the approval of the Board of Appeal or for special permits as provided for in Sections IV-11, IV-13, XV-2 and XV-5, shall likewise be had after the manner provided by G. L., Chapter 40, Sec. 27-A, except that a unanimous decision of the Board shall not be required.
6. The Inspector of Buildings, with the approval of the Selectmen, may and if required thereto by them, shall institute appropriate proceed- ings in the Superior Court to enforce this by-law, and to restrain by in- junction any violation thereof.
Section XVII, Penalty
Any person who violates any provision of this by-law shall forfeit a sum not to exceed twenty dollars for each offence which shall be recovered as provided by law and shall inure to the town.
Section XVIII, Interpretation and Validity
1. Nothing in this by-law shall be construed as repealing or modi- fying any existing by-law or regulation of the town but shall be in ad- dition thereto.
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2. The invalidity of any provision or feature of this by-law shall not affect the validity of any other provision or feature not manifestly inseparable therefrom.
Section XIX
This by-law shall take effect upon its approval by the Attorney-General and publication according to law.
On motion of William T. Fairclough, it was voted to adopt the fol- lowing amendment to the original motion, the same to become a part of the Zoning By-Law, viz:
"By removing from the multiple residence district 'M,' and bring- ing into the single residence district, 'S,' the territory bounded as fol- lows: Beginning at a point on the northerly side of Intervale Terrace and 750 feet from the intersection of Intervale Terrace and Lowell St. running thence in a generally northerly direction parallel to Grove St. to a point 500 feet distant from Forest St .; thence to a point on Forest St. equally distant from Martin Road and an unnamed way shown on the map and to the west of Martin Road; thence equally distant from Martin Road and said way, to the nearest point at which a line can be drawn at right angles to Birch Road; thence parallel with Birch Road to a point 500 feet from Franklin St. to Van Norden Road (shown on the map as the unnamed way) ; thence northwesterly along Van Norden Road to Franklin St .; thence at right angles with Franklin St. to a point 250 feet therefrom; then southwesterly parallel with Franklin St. to Grove St .; thence at right angles with Grove St. to a point west thereof 500 feet therefrom; thence southerly parallel with Grove St. to Lowell St .; thence at right angles with Lowell St. to a point south thereof and 150 feet distant therefrom; thence parallel with Lowell St. to Willow St .; thence along Willow St. and Intervale Terrace to the point of beginning ; excepting so much of the above-described territory as is already shown on said map as belonging in a single-residence district or business district."
Voted to adjourn sine die.
MILLARD F. CHARLES, Town Clerk.
Report of the number of persons admitted to the adjourned special town meeting held on Monday evening, May 10, 1926, Security Hall.
To the Town Clerk:
The number of persons admitted to the special town meeting this date as registered by the turnstile is one hundred fifty-one.
ROBERT E. PARKER CHARLES F. TREVOR ELIAS B. CURRELL Selectmen of Reading.
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Middlesex, ss.
Reading, May 14, 1926.
There personally appeared the above Selectmen of Reading, viz .: Robert E. Parker, Charles F. Trevor and Elias B. Currell, and made oath that the above statement signed by them is true according to the best of their knowledge and belief.
Before me, MILLARD F. CHARLES, Town Clerk.
Reading, Mass., May 15, 1926.
On this date I received a petition signed by one hundred sixty-one legal voters for a referendum on the purchasing of electricity from the Edison Electric Illuminating Company of Boston, as follows:
"We, the undersigned legal voters of the Town of Reading, respect- fully petition the Honorable Board of Selectmen to call a town meeting for the purpose of a referendum as per Chapter 276, Acts of 1910, to act upon the action of the Town at a town meeting held on May 3, 1926, whereby it was voted under Article 6 of town warrant to ratify a vote passed at the annual town meeting of March 8, 1926, to purchase elec- tricity from the Edison Electric Illuminating Company of Boston."
A true copy of petition.
MILLARD F. CHARLES, Town Clerk.
Reading, Mass., May 15, 1926.
On this date I received a petition signed by seventy-three legal voters for a referendum on Zoning.
"We, the undersigned legal voters of the Town of Reading, respect- fully petition the Honorable Board of Selectmen to call a town meeting for the purpose of a referendum as per Chapter 276, Acts of 1910, to act upon the action of the Town at a town meeting held on May 3, 1926, and adjourned to meet on May 10, 1926, whereby it was voted under Article 5 to adopt a Zoning By-Law under authority of General Laws, Chapter 40, Section 25, as amended.
The Selectmen ruled that as there were only one hundred and fifty- one voters at the adjourned town meeting, there could be no referendum. They did this on advice and opinion of the Town Counsel, Melville F. Weston.
A true copy of petition and record.
MILLARD F. CHARLES, Town Clerk.
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SPECIAL TOWN MEETING
Security Hall, May 24, 1926.
Pursuant to the warrant and the Constable's return, a town meeting was held at time and place mentioned therein, and was called to order by the Moderator, Jesse W. Morton.
The following checkers were duly appointed by the Selectmen and sworn by the Town Clerk:
Philomena Doucette, Jessie N. Thaxter, John J. McKenney, William P. Pierpoint, and James W. Sias, Constable, at turnstile.
The warrant was partially read when it was voted to dispense with further reading except the Constable's return, which being read, the meet- ing was duly opened.
Article 1. To hear and act on the reports of the town officers and special committees and to determine what instructions will be given town officers and special committees.
Article 1. On motion of Otis B. Ruggles, it was voted to lay Article 1 on the table.
Article 2. To see if the Town will raise and appropriate the sum of six hundred and fifty dollars ($650.00) for the purpose of installing a connection of the fire alarm system of Reading with the fire alarm system of Wakefield, or what it will do in relation thereto.
(Board of Selectmen.)
Article 2. On motion of Robert E. Parker, it was voted that the sum of six hundred and fifty dollars ($650.00) be raised and appropriated for the purpose of installing a connection of the fire alarm system of Read- ing with the fire alarm system of Wakefield ($650.00).
Article 3. To see what action, if any, the Town will take with ref- erence to the pending suits of Emma L. Chamberlain and Fred F. Smith against the Town.
(Law Committee.)
Article 3. On motion of Robert E. Parker, it was voted to authorize the Town Counsel to proceed under the direction of the Law Committee, to take all steps necessary to defend before any court the suits of Emma L. Chamberlain and Fred F. Simth against the Town, now pending in the Superior Court of Middlesex County, or to settle either or both of said suits, upon such terms as the Law Committee may approve, and to take such steps as may be necessary to effectuate any such settlement.
Article 4. To see if the Town will vote to construct and equip a Junior High School Building upon land east of Summer Avenue, between King and Temple Streets, acquired by the Town for school purposes pur- suant to a vote of the Town at a meeting June 8, 1925, and to raise by borrowing or otherwise, and appropriate the sum of three hundred and ninety-seven thousand six hundred dollars ($397,600.00) for the purpose of constructing and equipping such building, or what it will do in relation thereto.
(School Committee.)
Article 4. On motion of Albert R. Shepardson, it was voted that the sum of three hundred seventy-five thousand dollars be and the same
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is hereby appropriated for the purpose of constructing and equipping a Junior High School building upon land east of Summer Ave., between King and Temple Sts., acquired by the Town for school purposes pursuant to a vote' of the Town at a meeting held on June 8, 1925, and that for the purpose of raising said sum, forty-five thousand dollars shall be in- cluded in the current year's tax levy, seventy-five thousand dollars shall be raised by the issue of bonds or notes outside the debt limit under authority of Chapter 307, Acts of 1926, payable in not more than ten years from their date, and two hundred fifty-five thousand dollars by the issue of bonds or notes inside the debt limit under authority of Chapter 44 of the General Laws, payable in not more than ten years from their date.
All of said bonds or notes shall bear such rate or rates of interest and be payable in such annual payments within the requirements of said Chapter 44 as the Town Treasurer, with the approval of the Selectmen, may determine. Other particulars as to the form, issuance and sale of said bonds or notes not inconsistent with legal requirements shall be de- termined by the Town Treasurer ($45,000.00).
On hundred and twenty voted "Yes" and none voted "No."
Article 5. To see if the Town will appoint some number of citizens to compose, with the members of the School Committee, a School House Building Commission, to have full charge of constructing and equipping the new Junior High School Building, with all powers necessary for that purpose, or what it will do in relation thereto. (School Committee.)
Article 5. On motion of Albert R. Shepardson, it was voted that three citizens be appointed by the Moderator to serve with the School Committee as a School House Building Commission, which shall have full charge of constructing and equipping the Junior High School Building, with all powers necessary for that purpose.
The Moderator appointed as that Commission:
Joseph D. Knight, Henry R. Johnson, Robert E. Parker; Joseph D. Knight to be the chairman of this Commission.
Article 6. To see if the Town will authorize the School Committee or the School House Building Commission, if any, to employ an educa- tional advisor during the construction of the new Junior High School Building, and to expend therefor any part of the unexpended balance of the twenty-five hundred dollars appropriated June 8, 1925, for survey and estimate, or what it will do in relation thereto. (School Committee.)
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