USA > Massachusetts > Middlesex County > Reading > Town of Reading Massachusetts annual report 1938 > Part 6
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26
One hundred and thirty-five voted "Yes" and none "No" making it an unanimous vote.
Article 4. To see what sum the Town will vote to appropriate from available funds and transfer to General Aid, Aid to Dependent Child- ren and Old Age Assistance or what it will do in relation thereto.
Board of Public Welfare.
Article 4. On motion of Edward F. Parker, it was voted that the sum of one thousand ($1,000.00) dollars be appropriated from the un- expended balance in the Public Welfare Administrative Account and of
said sum six hundred ($600.00) dollars be transferred to the Public Wel- fare Aid, Board and Care Account, and four hundred ($400.00) dollars to Public Welfare Aid to Dependent Children Account, and the Town Accountant be and he hereby is authorized and instructed to transfer said sums to said accounts.
Article 5. To see what sum the Town will vote to appropriate from available funds and transfer to School Department Maintenance Account, or what it will do in relation thereto.
School Committee.
Article 5. On motion of Frank D. Tanner, it was voted that the sum of fifteen hundred ($1,500.00) dollars be appropriated from the un- expended balance in the School Department General Maintenance Ac- count, and the Town Accountant be and hereby is authorized and in- structed to transfer said sum to said account.
Article 6. To see if the Town will vote to place upon the official ballot used for the election of Town officers at the next Annual Town Meeting to be held on March 6, 1939, the following question :-
"Shall the Zoning By-Law be amended by striking out said Zon- ing By-Law with all amendments and additions thereto and establish under the authority of Section 25 of Chapter 40 of the General Laws, as amended, the Zoning By-Law hereinafter set forth?"
Planning Board.
Zoning By-Law for Town of Reading as Amended .
A by-law for the promotion of the health, safety, convenience, morals or welfare of the inhabitants of the Town of Reading, and for the purpose of lessening the congestion in the streets, securing safety from fire, panic and other dangers, providing adequate light and air, preventing over-crowding of land, avoiding undue concentration of population, facilitating adequate provision of transportation, water, sewerage, schools, parks and other public requirements, and increasing the amenities of the Town, established under and pursuant to the pro- visions of the General Laws (Ter. Ed.), Chapter forty, Section 25 and following, and all amendments thereto, the use, height, area, construc- tion, repair and alteration of structures and buildings, and the use of land in said Town are hereby restricted and regulated as hereinafter provided.
Definitions
The following terms in this by-law shall have the meanings hereby assigned to them:
1. Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "lot" includes the word "plot"; the word "building" includes the word "struc- ture."
2. A "family" is any number of individuals living together as a single housekeeping unit.
61
3. A "lot" is a parcel of land occupied or designed to be occupied by one building and the accessory buildings or uses customarily inci- dent to it, including such open spaces as are arranged and designed to be used in connection with such building.
4. A "corner lot" is a lot at the junction of and fronting on two or more intersecting streets twenty (20) feet or more in width.
5. A "dwelling" is any building used in whole or in part for human habitation.
6. A "single family dwelling" is a dwelling arranged, intended or designed to be occupied by a single family.
7. A "two-family dwelling" is a house arranged, intended or de- signed to be occupied by two families.
8. An "apartment house" is a building arranged, intended or de- signed for more than two families.
9. An "accessory use" is the use of a building or premises for pur- poses customarily incidental to the uses permitted in the district.
10. A non-conforming use is one that does not conform with the regulations applying to the district in which it is situated.
11. The height of a building is the vertical distance measured at the center line of its principal front from the established grade or from the natural grade if no grade has been established, to the level of the highest point of the roof beams in the case of flat roofs or roofs in- clining not more than one inch to the foot, and to the mean height level between the top of the main plate and the highest ridge in the case of other roofs.
12. A "story" is that portion of a building between a floor and the ceiling next above it. Those portions of a building, the ceilings of which are not more than four (4) feet above the mean level of the finished grade at building line, shall not be counted as stories.
14. The "natural grade" is the elevation of the undisturbed natural fixed by the Town.
14. The "natural grade' 'is the elevation of the undisturbed natural surface of the ground adjoining the building.
15. A "front yard" is an open unoccupied space on the same lot with a building between the front line of the building and the front line of the lot and extending across the full width of the lot.
16. A "rear yard" is an open unoccupied space on the same lot with a building between the rear line of the building and the rear line of the lot and extending across the full width of the lot.
17. A "side yard" is an open unoccupied space on the same lot with a building situated between the building and the side line of the lot and extending from the front yard to the rear yard.
Part I. Districts
Section 1. Establishment of Districts. For the purpose of this by-
62
law, the Town of Reading is hereby divided into seven classes of dis- tricts, as follows :
1. Residence "A 1" districts. (Single Family houses, 10,000 sq. ft. lot areas).
2. Residence "A 2" districts. (Single Family houses, 20,000 sq. ft. lot areas).
3. Residence "A 3" districts. (Single Family houses, 40,000 sq. ft. lot areas).
4. Residence "B" districts. (Single and two-family houses, and apartments, 10,000 sq. ft. lot areas).
5. Business "A" districts. (Fifty foot setback required).
6. Business "B" districts. (No setback required).
7. Industrial districts.
Said districts are as shown, defined and bounded on the map ac- companying this by-law entitled "Zone Map of the Town of Reading," dated May 10, 1938, signed by the Planning Board on file with the Town Clerk. Said map and all explanatory matter thereon are hereby made a part of this by-law.
Section II. Boundaries of Districts. The boundaries between dis- tricts are as shown upon said map. Where zone lines apparently fol- low property lines they shall be so interpreted. Where a boundary IS indicated upon a street, the line shall be the center line of the street. Where a boundary line is indicated upon the main Right of Way of the Boston & Maine Railroad, the districts are bounded respectively upon that right of way. Where a boundary is indicated approximately parallel to a street, it shall be taken as parallel thereto. Where a dis- trict boundary line divides a lot, as existing at the time this by-law takes effect, and the major portion of said lot is in the less restricted district, the regulations relating to said less restricted district may ex- tend to such portion of said lot as is not more than thirty (30) feet within the more restricted district. All other boundaries shall be as indicated upon the map.
1. Within any district any building structure or land may be used, arranged or designed for any purpose not otherwise illegal, unless specifications prohibited or restricted set forth in the following Sec- tions.
2. Race tracks, airports, tourist and trailer camps are specifically prohibited.
3. Commercial ball parks, commercial amusement parks, carnivals and other enterprises of a similar character are prohibited unless a permit therefor is granted by the Board of Selectmen.
Residence Districts
Part II.
Section IV. Use Regulations.
1. In any Residence "A" District, the erection or use of any prin .
63
cipal building except as a single family detached house is specifically- prohibited. (See paragraph 3 of this Section).
2. In Residence "B" District, the erection or use of any principal building except as a single or two-family house. or a boarding house, or an apartment house, is specifielly prohibited. (See paragraph 3 of this Section).
3. Paragraphs 1 and 2 of this Section shall not apply to churches, schools, public buildings, medical or charitable institutions, and public utilities, where such devices do not include storage yards, repair shops and other accessory uses of a business or industrial character, or ac- cessory uses which violate the provisions of Section 8 of this by-law.
4. In any residence district the erection of any building or the use of any lot or building as an office, store or stand for the display or sale of goods, or for the rendering of services, is specifically prohibited, ex- cept for the sale of natural products, other than sand, loam and gravel, raised on the premises, and of articles manufactured on the premises from such products.
5. In all residence districts, all business and industrial enterprises, except as noted in the preceding paragraphs, are specifically prohibited.
6. In all residence districts the use of any lot or building in such a way that the resulting dust, odor, fumes, smoke, gas, water, refuse matter, noise, excessive vibration, danger of explosion or fire may be detrimental to a residence district is specifically prohibited.
Section V. Area Regulations
1. In Residence A 1 districts and Residence B districts no princi- pal building shall be erected unless there be provided for each such building a lot frontage of not less than eighty (80) feet upon the front- age street and an area of not less than 10,000 square feet.
2. In Residence A 2 districts no principal building shall be erected unless there be provided for each building a lot frontage of not less than eighty (80) feet upon the frontage street and an area of not less than 20,000 square feet.
3. In Residence A 3 districts no principal building shall be erected unless there be provided for each such building a lot frontage of not less than eighty (80) feet upon the frontage street, and an area of not less than 40,000 square feet.
4. No principal building in a Residence A 1, A 2 or A 3 district shall cover more than twenty-five (25%) per cent of the lot on which it stands, and no building used for dwelling purposes in any other dis- trict shall cover more than forty per cent (40%) of the lot on which it stands.
5. Paragraphs 1, 2 and 3 of this section shall not apply to lots of less than the required frontage and area duly recorded by plan or deed at the Registry of Deeds before this By-Law is adopted. A subdivision so recorded, and consisting of not less than three lots, may be resub-
64
divided, providing each resubdivision shall be approved by the Board of Appeal.
Section VI. HEIGHT REGULATIONS.
1. In a Residence A 1, A 2 or A 3 district, no building shall exceed two and one-half (21%) stories or thirty-five (35) feet in height, except that a building may be three (3) stories or forty (40) feet provided there be maintained a side yard of twenty (20) feet.
Section VII. YARD REGULATIONS.
1. In all Residence districts no part of a building shall extend nearer any street line than twenty (20) feet except that no building need be set back more than the average of the setbacks of the buildings on the lots adjacent thereto on either side, a vacant lot or a lot oc- cupied by a building set back more than twenty (20) feet being counted as though occupied by a building set back twenty (20) feet; but in no case shall any part of a building extend nearer any street line than ten (10) feet.
2. No principal building in any Residence district, and no building used for dwelling purposes in any other district, shall have a side wall, except a party wall where such a wall is permitted, nearer to any side lot line than fifteen feet (15); or a rear wall nearer to any rear lot line than twenty (20) feet. For each foot by which the lot is greater than one hundred (100) feet, six (6) inches shall be added, and for each foot less than one hundred (100) feet, six (6) inches shall be deducted from the width of the rear yard; but no rear yard shall be required to be more than thirty (30) feet or permitted to be less than ten (10) in depth.
3. In all Residence districts all accessory buildings except garages. shall be located in rear yard area and shall not be nearer than five (5) feet to a side or rear lot line, and shall not occupy more than twenty-five (25%) per cent of the required rear yard area. Garages, if located in rear or side yards, shall comply with these requirements. Garages, if located in front yard area, shall not extend nearer to the street than the setback required for a principal building on said lot.
Part III. Business Districts
Section VIII. Use Regulations.
1. Within business districts, all manufacturing and industrial en- terprises, together with their accessories, except as they are clearly incidental to a retail business lawfully conducted on the premises are specifically prohibited, provided that such manufacturing as is permit- ted shall not give rise to dust, odor, fumes, smoke, gas, wastes, refuse matter, noise or excessive vibrations, to danger of explosion or fire, or be otherwise detrimental to a business district.
Section IX. Building Area. In a Business district no new buildings or structure shall be built and no existing building shall be enlarged
65
so that it covers more than eighty-five per cent of the lot on which it stands.
Section X. In a business district no building shall exceed four (4) stories or forty-five (45) feet in height.
Section XI. Yard Regulations.
1. Front Yards.
Where a Business "B" district adjoins a residential district on the street line, no new building and no alteration or extension of an exist- ing building shall be erected in said business district, nearer than five (5) feet to such street line for a distance of eighty (80) feet measured along the street line from the boundary line between the zones.
In a business "A" district, no part of a building or structure shall extend nearer the property line on the frontage street than fifty (50) feet, or nearer any other street line than twenty (20) feet.
2. Side Yards. In any Business district, no building on a lot ad- joining on the side any residential district shall extend nearer the boundary line of such resdential district than ten (10) feet.
3. Rear Yards. In any Business district, no building on a lot ad- joining, on the rear, any residential district shall have any part of its exterior wall above the first story nearer to the boundary line of such residential district than fifteen (15) feet. (For Yard exceptions see Section XX).
Part IV. Industrial Districts
Section XII. Use Regulations.
1. In an Industrial district no building or premises shall be used for any other purpose which is injurious, obnoxious or offensive to a neighborhood by reason of noise, smoke, odor, gas, dust or other ob- jectionable feature, or is dangerous to a neighborhood on account of fire or any other cause.
2. No new buildings shall be constructed or used for dwelling pur- poses, and no existing building shall be altered, enlarged or extended for use as a residence or apartment house.
Section XIII. Building Area. In an Industrial district, no new building or structure shall be erected, and no existing building shall be enlarged so that it covers more than eighty-five (85) per cent of the lot on which it stands.
Section XIV. Height Regulations. In an Industrial district no building shall exceed four (4) stories or sixty (60) feet in height.
Section XV. Yard Regulations. In an Industrial district the yard requirements shall be as specified in Section XI for Business Districts.
Part V. General Provisions
Section XVI. Accessory Uses.
1. Accessory uses shall be permitted which do not alter the charac- ter of the premises on which they are located and are not injurious, noxious or offensive to the neighborhood.
66
2. Subject to the provisions of paragraph 1 of this Section, the following shall be consdered as accessory uses in a Residential District.
a. The use of a room or rooms in a dwelling in a Residence dis- trict as an office or studio or working room for home occupations by a person resident in the house, provided that no goods are publicly dis- played or offered for sale. No sign over one square foot in area shall be permitted.
b. The renting, by a family living in a dwelling in a Residence district, of rooms and the furnishing of table board.
Section XVII. Non-conforming Uses.
1. A non-conforming use is a use incompatible with the regula- tions for the use district in which it exists.
2. Any building, part of a building or premises which at the time this by-law takes effect, is being put to a non-conforming use may be :
(a) Continued in that use.
(b) Aftered or extended for that use only upon a permit by the Board of Appeal, or as ordered by the Building Inspector to make such building or such premises safe.
(c) Changed to a more restricted use; provided that when so changed it shall not be returned to a less restricted use.
(d) Abandoned under the conditions set forth in Paragraph 3 of this Section.
3. The discontinuance of the non-conforming use of any premises for the period of two years shall be deemed to constitute abandonment of such use, and the use of such premises thereafter shall be in ac- cordance with the regulations and restrictions herein provided for uses originating after this by-law takes effect.
Section XVIII. Height Exceptions. Parapets and cornices which do not extend more than four (4) feet above the highest point of the roof beams, enclosures for the machinery of elevators or for tanks which do not exceed ten (10) feet in height, chimneys, ventilators, sky- lights, or other features usually carried above roofs; domes, towers or spires, if such features are in no way for human occupancy; and orna- mental towers, observation towers, water towers, windmills, and like structures, which occupy less than twenty-five (25) per cent of the lot area, may extend above the height limits herein prescribed.
Section XIX. Yard Exceptions. Projecting eaves, chimneys, bay windows, balconies and like projections, which do not project more than three and one-half (31/2) feet beyond the line of the foundation wall, and unenclosed steps, unroofed porches and the like, which do not extend nearer to the party line than ten (10) feet, and the top of the rail of which is not more than six (6) feet above ground, may ex- tend beyond the minimum yard requirements herein prescribed.
Section XX. Access to Business or Industrial Buildings.
No driveway or other means of access for vehicles, other than an
67
accepted street, shall be maintained or used in any Residence district for the servicing of a commercial or industrial building located in a Business or Industrial District.
Section XXI. Reduction of Area. No lot shall be changed in size or shape so that the height, area, yard or coverage provisions herein prescribed are no longer satisfied. This section shall not apply where a portion of a lot is acquired for a public purpose.
Part VI. Administration and Enforcement.
Section XXII.
1. The Inspector of Buildings, or other municipal officer or of- ficers, shall require of every applicant for a license or permit for any construction, alteration or use of any building, structure or premises, for which a permit or license is by law required, such written informa- tion, plans, specifications, and other data as shall be deemed necessary for the full and accurate exposition of the proposed construction, alter- ation or use, with relation to the requirements of this by-law. Such material, so required, shall be kept on file in the records of the officer or officers to whom it is submitted.
2. The Inspector of Buildings, appointed under the building laws, shall not grant a permit for the construction or alteration of any build- ing or structure, if the building or structure as constructed or altered would be in violation of any provision of this by-law. Whenever such permit or license is refused because of some provisions of this by-law, the reason therefor shall be clearly stated in writing.
3. The Board of Appeal, established under the Building Laws of the Town, shall constitute the Board of Appeal under this by-law, and shall have the powers and duties provided for herein and as prescribed by G. L. (Ter. Ed.) Chapter 40, and all amendments thereto.
4. The Inspector of Buildings, with the approval of the Selectmen, may, and if required by them, shall institute appropriate legal pro- ceedings to enforce this by-law and to restrain by injunction any vio- lation thereof.
Section XXIII. Penalty. Any person or persons, who violate any provision of this by-law shall forfeit a sum not to exceed twenty dollars for each offense, which shall be recovered as provided by law and shall enure to the Town.
Section XXIV. 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 addition thereto.
2. If any provision of this by-law shall be determined to be in- valid, the remaining provisions of the by-law not manifestly inseparable from the invalid provision shall continue in force.
Section XXV. This by-law shall take effect upon its approval by the Attorney-General and publication according to law.
68
Article 6. On motion of Winthrop D. Parker, it was voted that there be placed upon the official ballot used for the election of officers to be held at the next Town Meeting, March 6, 1939, the following question :
"Shall the Zoning By-Law be amended by striking out said Zoning By-Law with all amendments and additions thereto and establish under the authority of Section 25 of Chapter 40 of the General Laws, as amended, the Zoning By-Law as set forth in the warrant?"
On motion of J. Warren Killam, Jr., it was voted to adjourn sine die.
Attest :-
MILLARD F. CHARLES, Town Clerk.
STATE ELECTION
Security Hall, Woburn St., Nov. 8, 1938.
Pursuant to the warrant and the Constable's return thereon a State Election was held at the time and place specified therein and was called to order by Selectman, J. Warren Killam, Jr. The warrant was partially read by the Town Clerk, Millard F. Charles, when it was voted to dispense with further reading except the Constable's return thereon which was duly read. The ballot boxes were examined and declared empty and the keys were delivered to the Constable in charge, J. W. Sias. The ballots were delivered to the Selectman in charge and the poils were duly opened and closed at the hours specified in the warrant and the votes counted in open Town meeting with the follow- ing result.
Total number of ballots cast-5164.
Governor
Henning A. Blomen of Cambridge
3
Roland S. Bruneau of Cambridge
1
Jeffrey W. Campbell of Boston
10
James M. Curley of Boston
986
William A. Davenport of Greenfield
6
Otis Archer Hood of Worcester
4
Charles L. Manser of Boston
3
William H. MacMasters of Cambridge
19
Leverett Saltonstall of Newton
4088
George L. Thompson of Randolph
1
Blanks
43
Lieutenant-Governor
Manuel Blank of Boston
11
James Henry Brennan of Boston
940
Horace T. Cahill of Braintree
4116
Freeman W. Follett of Haverhill
8
69
Joseph S. Massidda of Swampscott 8
George L. McGlynn of Springfield 5
Blanks 76
Secretary
Frederic W. Cook of Somerville 4203
Hugh DeGregory of Springfield 11
Katherine A. Foley of Lawrence 854
Eileen O'Connor Lane of Newton 11
Malcolm T. Rowe of Lynn 6
Blanks 79
Treasurer
Frank L. Asher of Boston
6
Albert Sprague Coolidge of Cambridge 41
Owen Gallagher of Boston
801
John J. Hurley of Revere
60
William E. Hurley of Boston 4157
1
Blanks 95
Auditor
Thomas H. Buckley of Abington 1019
Michael C. Flaherty of Boston 42
Horace I. Hillis of Saugus 9
Michael Tuysuzian of Boston
7
Guy S. Williams of Worcester 26
3930
Blanks 131
Attorney-General
Clarence A. Barnes of Mansfield 3675
Paul A. Dever of Cambridge 1366
Joseph C. Figueiredo of New Bedford
4
George F. Hogan of Nahant
6
Alfred Baker Lewis of Cambridge 15
3
Blanks 95
Congressman, Fifth District
Francis J. Roane of Lowell 660
Edith Nourse Rogers of Lowell
4417
Blanks 87
Councillor, Sixth District
Eugene A. F. Burtnett of Somerville 3840
Edward A. Rose of Somerville 1112
Blanks 212
Senator, Seventh Middlesex District
Joseph R. Cotton of Lexington 4027
70
Ralph Pirone of Lynn
Russell A. Wood of Cambridge
Fred E. Oelcher of Peabody
P. Harold Ready of Lowell 994
Blanks 143
Representatives in General Court, 18th Middlesex District
Arthur W. Coolidge of Reading 4075
Gustave W. Everberg of Woburn 3325
William H. Flaherty of Woburn 1338
Thomas J. Power of Woburn 706
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.