USA > Massachusetts > Middlesex County > Reading > Town of Reading Massachusetts annual report 1942 > Part 3
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Section XIII. Use Regulations In Industrial Districts.
No new buildings shall be constructed or used for dwelling pur- poses, and no existing building shall be altered, enlarged, or extended for use for dwelling purposes.
Section XIV. Area Regulations in Industrial Districts.
In an Industrial district no new building 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 XV. Height Regulations in Industrial Districts.
In an Industrial district no building shall exceed four (4) stories or sixty (60) feet in height.
Section XVI. Yard Regulations in Industrial Districts.
In an Industrial district the yard requirements shall be as specified. in Section XII for Business "B" Districts.
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PART II MISCELLANEOUS PROVISIONS
Section XVII. Accessory Uses.
1. Accessory uses shall be permitted which do not alter the char- acter of the premises on which they are located and do not violate the provisions of Part I, Section III, Paragraph 5.
2. Subject to the provisions of paragraph 1 of this Section, the following shall be considered as accessory uses in a Residential Dis- trict :
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 in connection with these uses. No sign over one square foot in area shall be permitted.
b. The renting by a family living in a dwelling in a Residence dis- trict of rooms and the furnishing of table board.
Section XVIII. Non-conforming Uses.
1. A non-conforming use is a use incompatible with the regula- tions for the 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. Altered or extended for that use only upon permit by the Board of Appeal, or as ordered by the Building Inspector to make such build- ing or premises safe, but in no event shall any building used for a non- conforming use be altered or extended for such use by increasing the floor area existing at the time this By-Law takes effect by more than 50 per cent.
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 thereafter the use of such premises shall be in accord- ance with the regulations and restrictions herein provided.
Section XIX. Height Exceptions.
Chimneys, elevators, poles, spires, tanks, towers or similar struc- tures not used for human occupancy may extend above the height limits herein fixed provided nothing herein contained shall be deemed to modify any provisions of the ordinances in force relating to the con- struction of buildings.
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Section XX. Access to Business or Industrial Buildings.
No driveway or other means of access for vehicles, other than an :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 existing lot or building shall be changed in size or shape so that the height, area, yard, or coverage provisions herein prescribed are no longer complied with.
This provision shall not affect the resubdivision of lots as provided in Section V, Paragraph 5, nor shall it apply where a portion of a lot is acquired for a public purpose.
Section XXII. Alteration of Single-family Houses.
The alteration into a two-family house of a single-family house existing at the time this by-law takes effect and which has at that time at least eight (8) finished and habitable principal rooms shall be per- mitted provided the external appearance of a single-family house be retained so far as reasonably practicable.
PART III
ADMINISTRATION AND ENFORCEMENT
Section XXIII.
1. The Inspector of Buildings, shall require of every applicant for a license or permit for any construction, alteration or use of any build- ing, structure or premises, for which a permit or license is by law re- quired, such written information, plans, specifications and other data as he shall deem necessary for the full and accurate exposition of the proposed construction, alteration or use, with relation to the require- ments 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 shall not grant a permit for the con- struction or alteration of any building which would violate any pro- vision of this by-law. No municipal officer shall grant any permit or license for the use of buildings or land which use would violate any provisions of this by-law. Whenever such a permit or license is re- fused the reason therefor shall be clearly stated in writing.
3. The Board of Appeal, established under the Building Law 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 proceed- ings to enforce this by-law and to restrain by injunction any violation thereof.
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Section XXIV. Interpretation and Validity.
In the event that any provisions of this by-law shall be determined to be invalid by a Court of competent jurisdiction the remaining pro- visions of the by-law not manifestly inseparable from the invalid pro- visions shall continue in force.
Section XXV.
This by-law shall take effect upon its approval by the Attorney General of the Commonwealth of Massachusetts and publication ac- cording to law.
Article 4. To see if the Town will vote to amend the by-law for the. construction of buildings and the regulations therein relating to wires. by striking out said by-law with all amendments and additions thereto and in lieu thereof to establish under authority of law the by-law for the construction of buildings and the regulations relating to wires here- inafter set forth, or what it will do in relation thereto.
Development Committee.
DIVISION NO. 1-ADMINISTRATION
Section 1. Title and Scope-These by-laws shall be known and cited as the Building Laws. No building, structure or part thereof shall hereafter be constructed, and no building or structure now or hereafter erected, shall be razed, altered, moved or built upon except in conformity with the provisions of these Building Laws. Nor shall plumbing, gas-piping, water-piping, drainage, heating, wiring or ventila- tion be installed or altered in any building or structure except in con- formity herewith.
Section 2. Exceptions-The provisions of these Building Laws shall apply to municipal as well as to private buildings, but shall not apply to bridges or to buildings or other structures owned or occupied by the United States of America or by the Commonwealth of Massa- chusetts.
Section 3. Building Department-A building department is here- by established, which shall be under the charge and control of the Building Inspector.
The Building Inspector shall be appointed annually by the Board of Selectmen. He shall be a man qualified by thorough training and experience in the supervision or execution of building operations and shall not be engaged in the building business on his own account or as a contractor.
The Building Inspector, with the approval of the Board of Select -.. men, may employ such assistants as he may judge necessary. No per- son shall be employed who is not qualified by experience or training to fulfill the duties required by the work involved.
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Duties of Inspector-The Building Inspector shall be charged with the survey and inspection of buildings and the enforcement of all ordinances relating to the erection, alteration, repair, removal or safety of buildings within the limits of Reading; he shall pass on questions relating to the strength of structures and materials; examine and ap- prove all plans and applications before a permit is issued and shall sign and issue all permits. He shall examine all buildings in course of erec- tion, alteration or repair, as often as necessary, and for this purpose shall have the right of entry thereto, and he shall keep a record of violations of this by-law. He shall give immediate written notice of the violation to the party responsible for the proper execution of the work.
He shall examine all buildings which are damaged by fire or acci- dent to an extent requiring a permit, and all buildings reported inse- cure or dangerous.
He shall examine all buildings under application to be removed, raised, enlarged, altered or built upon, and make record of same, such records always to be open to public inspection.
He shall report to the Department of Public Safety any violations of the regulations of the Commonwealth of Massachusetts in relation to the construction of buildings that may come to his notice, and per- form such other duties as may be incumbent upon him under the laws of the State.
He shall order and compel the suspension of any work being done in violation of the provisions of this by-law and no person shall con- tinue the work or use any forbidden material in or about any build- ing after the Inspector has forbidden in writing. the continuance of the work or the use of said material. Any material used in the erection of the building in violation of this by-law, must be taken down and re- placed with material as called for by this by-law.
He shall issue a permit within fifteen days if the plans and speci- fications agree with the requirements of this by-law.
Wherever the Inspector has knowledge of any unsafe building, structure or part thereof, the condition of which is such as to endanger the public or the occupants of such building or structure, it shall be his duty to notify the owner or owners or agent of said building or struc- ture, to put such unsafe building, structure or portion in a safe condi- tion, or cause same to be razed.
It shall also be his duty to affix a notice of the dangerous char- acter of such building or structure in a conspicuous place on the ex- terior thereof.
The Building Inspector, with the approval of the Board of Select- men, may order any building, which in his opinion is unsafe or not pro-
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vided with sufficient means of egress in case of fire, to be vacated forthwith.
Section 4. Permits-Before erecting or altering any structure cov- ering more than 100 square feet or more than eight feet high, the owner or his agent shall file with the Inspector an application in writ- ing for a permit giving dimensions, location and description of the in- tended project and the estimated cost, and for all work which cannot be adequately described, shall file duplicate copies of sufficient plans to enable the Inspector to know the essential features and to determine that the requirements of this by-law are fulfilled. The application shall also state the purpose for which the structure is to be used.
If it shall appear to said Inspector that the laws or regulations of the Commonwealth, the Town of Reading and the requirements of this by-law have not been fulfilled or complied with, he shall refuse such permit.
Ordinary repairs of buildings or structures may be made without application or notice to the Inspector, but such repairs shall not be con- strued to include the cutting away of any stone or other masonry wall or any portion thereof, the removal of any beam or support or the re- moval, change or closing of any staircase, means of egress, or of any chimney.
Nothing in this by-law shall be construed to prevent the Inspector from issuing special permits for foundation work while the plans are being examined.
The Inspector may at his discretion require two sets of blue prints to be filed with the Inspector, one of which is to remain in the custody of the Inspector, the other set, properly stamped by the Inspector, is to be returned with the permit and is to be kept on the work and be available to the Inspector for reference. Permits shall become void six months after the date of issue unless construction thereunder shall have been commenced. Fees to accompany applications to be refunded if permit is not granted.
All permits issued under this by-law shall be on numbered blank forms furnished by the Inspector who issues the permit.
No building hereafter erected, altered, added to or repaired that is to be finished in whole or in part, shall be lathed, plastered, or sheathed, until the builder or mechanic shall have notified the Inspector of Build- ings to inspect the same and shall have received from said Inspector a notice in writing that such work is accepted. The Inspector of Build- ings on receipt of a notice from the builder that any building or altera- tions, additions, or repairs to any building are ready for inspecton, shall, as soon as possible, inspect the premises, but shall not accept building until all the requirements of these by-laws as to frame, chim- neys, fire stops, furnace or steam pipes, and all other parts of the con-
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struction have been complied with, and no building shall be occupied until accepted by the Inspector. The Inspector shall also require that all permanent piers, or columns needed under girders, trimmers, etc., shall be in place before the building is lathed and plastered.
Section 5. Legalizing Permits-No oversight or neglect of duty on the part of the Inspector of Buildings shall legalize the erection, con- struction, alteration, or repair of any building in a manner not in con- formity with the provisions of this by-law, the Tenement House Act for Towns or any State law or regulation.
Section 5-A. Fees for Permits-The following fees shall be paid by the applicant on receipt of permit : $ 5.00
For a permit for the erection of each single dwelling
8.00
For each twin or duplex dwelling
For each apartment house (the first ten suites) 8.00
Add for each additional suite 2.00
For each single one-story store 5.00
For each block of such stores (the first store) 5.00
Add for each additional store
2.00
For each school building
10.00
For buildings to be used solely as halls or theatres for the first $1000 of cost
And for each additional $1000 not exceeding in all $25.00
.25
And for each additional car
.50
And for each additional $1000 not exceeding in all $20.00 1.00 1.00
For alterations, for the first $1000 of cost
1.00
And for each additional $1000 not exceeding in all $5.50 .50
The Building Inspector shall endorse upon the back of the applica- tion the amount to be charged for the permit.
The applicant shall pay this amount to the Town Treasurer who will give the applicant a receipt for same, and endorse upon the back of the application that it has been paid.
Section 5-B-Each permit shall definitely locate the premises re- ferred to, by street and number or otherwise. If no street number has been assigned thereto, the Inspector, wherever it is practicable, shall assign a number or numbers in accordance with the existing system.
Section 5-C. Sign Installations-No sign attached to building shall be hereafter erected without a permit from the Building Inspector and the compliance with all requirements of the Commonwealth and the Town of Reading. A detailed drawing must be submitted to the Build- ing Inspector for approval, and a fee of $2.00 will be charged.
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1.00
For each garage for not more than 2-cars
1.00
For business buildings of stores and offices, and for all buildings and structures not included in any of the foregoing classifica- tions, for the first $1000 of cost
Section 6. Board of Appeal-A Board of Appeal is hereby estab- lished, to consist of three members to be appointed by the Board of Selectmen. All the members of the board shall be residents of the Town of Reading. The appointments first made shall be for one, two or three years respectively, so that the term of one member shall ex- pire each year. All subsequent appointments shall be for the term of three years. Vacancies shall be filled by appointment by the Board of Selectmen, for the unexpired term. The Selectmen shall also appoint in like manner three associate members of the Board of Appeal. No member shall act in any case in which he is interested, and in case any member is so disqualified, or in the event of a vacancy, or inability to act, his place shall be taken by associate member designated by the Board of Selectmen. Every decision of the board shall be in writing and shall require the assent of at least two members and shall be a matter of public record.
Any applicant for a permit whose application has been refused by the Inspector or any person who has been ordered by the Inspector to incur expense in connection with a building, or any person dissatisfied with the decision of the Inspector on a matter left by this by-law to his approval or discretion, may appeal therefrom to the Board of Appeal within ten days from the date of said refusal, order or decision. If the refusal, order or decision of the Inspector is affirmed, the ruling by the Inspector shall be final. If the action of the Inspector is modi- fied or annulled the Inspector shall issue a permit or order in accord- ance with the decision of said board.
All appeals shall be accompanied by a fee of five dollars ($5.00) paid to the Town Treasury. The board shall grant a hearing on each appeal of which all persons deemed by the board to be affected thereby shall have notice.
Upon the application of any person holding a permit the board may by unanimous decision suspend or vary the application of provisions of these by-laws in specific cases which appear to them not to have been contemplated by the by-laws although covered by them, or in cases where manifest injustice is done, provided the decision shall not con- flict with the spirit of the by-laws. The decision shall specify the variations allowed and the reason therefor, and shall be filed in the office of the Inspector within ten days of the hearing and a copy shall be sent by mail to the applicant and a copy publicly posted in the Mu- nicipal Building two weeks next following the date of the decision.
Upon like application the Board may authorize the substitution of methods of construction or maintenance equivalent to those required by these by-laws. A record of such substitution shall be kept in the office of the Inspector.
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The Board shall grant a hearing on every application under this subdivision of which all persons interested shall have notice.
DIVISION NO. 2-DEFINITIONS
In this building by-law, the following terms shall have the meanings respectively assigned to them as follows :
First Class Building-A first-class building shall consist of fireproof material throughout with floors constructed of iron, steel or reinforced concrete beams, filled in between with terra cotta or other masonry arches or with concrete or reinforced concrete slabs ; wood may be used only for under and upper floors, window and door frames, sashes, doors, interior finish, handrails for stairs, necessary sleepers bedded in con- crete for isolated furrings bedded in mortaî. There shall be no air space between the top of any floor arches and the floor boarding.
Second-Class Building-All buildings not of the first class, the ex- ternal and party walls of which are of brick, stone, iron, steel, concrete, reinforced concrete, concrete blocks, or other equally fireproof material.
Third-Class Building-A wooden frame building.
Metal Building-A building covered with metal on an iron or steel frame.
Masonry-is that form of construction composed of stone, brick, concrete, gypsum, hollow clay tile, concrete blocks, or tile, or other sim- ilar building units or materials or a combination of these materials set in mortar. For the purpose of this Code plain monolithic concrete shall be considered as Masonry.
Foundation-That part of a wall below the level of the street curb, or if a wall is not on the street, that part of the wall below the level of the highest ground next to the wall.
Underpining-In third-class buildings the wall reaching from the foundation to the underside of the sills.
Height of Building-The vertical distance of the highest point of the roof above the mean grade of the curbs of all streets upon which the building abuts, and if it does not abut on a street, above the mean grade of the ground adjoining the building.
Party Wall-A wall that separates two or more buildings and is used or adapted for the use of more than one building.
Exterior Wall-The outer wall or vertical enclosure of a building.
Division Wall-Any wall other than an exterior or party wall which extends the full height of a building and through the roof and may or may not carry a load.
Partition Wall-An interior wall of masonry in a building.
Bearing Wall-A wall carrying any part of the interior load of a building.
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"Fire Wall" -- Is a wall which subdivides a structure, to resist the spread of fire, by starting at the foundation and extending continuously through all stories to and above the roof.
"Retaining Wall"-A wall constructed for the purpose of holding back or supporting earth.
Thickness of Wall-The minimum thickness of such wall.
Story of a Building-Any horizontal portion through a building be- tween floor and ceiling of which the ceiling is six feet or more above the average grade of the sidewalk or ground adjoining.
The Number of Stories of a Building-The number of stories of a building shall be the greatest number of stories which a building is in height above the lowest grade of building site.
First Story of a Building-The first story of a building is the first story sixty per cent or more of which is above the mean grade of the curb or adjoining ground if there is no street. Where there is a base- ment that story next above the basement shall be the first story of the building. Where there is a cellar and no basement that story next above the cellar shall be the first story of the building.
Basement-A story partly but not more than one half below the level of the adjacent ground.
Cellar-A story more than one half below the level of the adjacent ground.
In case the building has a basement, the cellar is that part of the building below the basement.
Yard-An open unoccupied space on the same lot with any build- ing between the extreme rear line of the building and the extreme rear line of the lot. An open unoccupied space between the front line of the building and the front line of the lot is a front yard. A side yard shall be deemed an outer court on the lot line.
Court-An open unoccupied space, other than a yard, on the same lot with the building. A court not extending to the street or yard is an inner court. A court extending to the street or yard is an outer court.
Occupied Spaces-Outside stairways, fire escapes, porches, plat- forms, and other projections shall be considered as part of the build- ing and not as part of the yard or courts or unoccupied area.
Corner Lot-A lot situated at the junction of two streets, each not less than twenty feet in width. Any part of the width of such lot dis- tant more than seventy feet from such junction shall not be regarded as part of a corner lot, but shall be subject to the provisions of this act respecting interior lots.
Interior Lot-Any lot other than a corner lot.
Front of a Lot-That boundary line which borders on the street. In the case of a corner lot the owner may elect by statement on his
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plans either street boundary line as the front.
Rear of a Lot-The side opposite to the front. In the case of a triangular or gore lot, the rear shall be the side not bordering on the street.
Alteration-Changes in or addition to a building.
Dead Load-The weight of the materials used in the construction of a building.
Live Load-All weight in the building other than dead loads.
Concrete-A mixture of cement, sand, broken stone or clean gravel, and water.
Warehouse-A building used exclusively for storage.
Wooden Building-Any building which has the exterior wall con- structed wholly or in part of wood, including wood framing covered with metal, or plaster, or veneered with brick or other masonry.
Apartment House-Any building intended or designed or used as the home and residence of three or more families living independently of each other and who may have a common right in halls and stair- ways, and in which each family shall have provided for it a separate suite or series of rooms containing the conveniences of a modern dwel- ling.
One person may be regarded as a family if occupying one of these suites alone.
"Tenement House"-Any house or building, or part thereof, which is rented, leased, let or hired out to be occupied, or is occupied, or is in- tended, arranged or designed to be occupied as the home or residence of more than two families (a family may consist of one or more per- sons) living independently of each other and having a common right in the halls, stairways, yard, cellar, sinks, water closets or privies, or any of them, and includes lodging and boarding houses, apartment houses, and flat houses. Dwelling houses built in continuous rows of more than two houses occupied or intended, arranged or designed to be occupied as the home or residence of one family or more having a common right in or using in common the halls, stairways, yards, cellars, sinks, water closets or privies, or any of them, shall be deemed to be tenement houses.
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