USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1945-1949 > Part 47
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Board of Road Commissioners.
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ART. 25. To see if the Town will vote to accept Campbell Circle as laid out by the Road Commissioners with the boundaries and measurements as shown on the Plan on file with the Town Clerk. Board of Road Commissioners.
ART. 26. To see if the Town will vote to accept Wisconsin Ave., as laid out by the Road Commissioners, with boundaries and measurements as shown on the plan on file with the Town Clerk. Board of Road Commissioners.
ART. 27. To see if the Town will vote to give $300 for mainte- nance of Legion quarters. Samuel G. Stephens.
ART. 28. To see what action the Town will take relative to amendments or repeal of any of its Zoning By-Laws and to hear the report of the Planning Board as directed by Article XXIV of the Town Meeting of February 16, 1949 which report is - The present Zoning By-Laws are being violated and disregarded so frequently because of misunderstanding and lack of enforcement authority that they are of very little value to the Town. The Planning Board recommends that the present Zoning By-Laws be repealed and new Zoning By-Laws be enacted as follows:
ZONING BY-LAWS
SECTION 1. To promote the health, safety, morals, convenience and general welfare of its inhabitants, to lessen the danger from fire and congestion, and to improve and beautify the town under the provisions of General Laws, Chapter 40 as amended. the use, construction, repair, alteration, height, location and area of buildings and structures and the use of premises in the Town of Tewksbury are hereby regulated as herein provided.
SECTION 2. Definitions: In this by-law the following terms shall have the meanings here assigned to them:
a. A Family: Any number of individuals living and cooking together on the premises as a single housekeeping unit.
b. A One-Family House: A detached dwelling designed for and occupied by a single family.
c. Semi-Detached House: Two one-family houses built together at the same time.
d. A Two Family House: A detached dwelling designed for two families.
e. A Dwelling: Any building used in whole or in part for habitation.
f. A Half Story: A half story is that portion of a building under a sloping roof the cubic contents of which are never more than one-half of the cubic contents of the story below. If the cubic content is greater, it shall be deemed a story.
g. An Accessory Use: A use of land or a structure or building customarily incident to the primary use of land or building or structure to which it is accessory.
h. Non Conforming Use of Land: The existing use of land which does not conform to the regulations for the district in which such land is located.
i. Non-Conforming Use of Buildings: The existence or use of a building or structure which does not conform to the regula-
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tions for the district in which such building or structure is located.
j. A Lot: A lot is that area of land described in an application for a permit.
k. Farming: The use of land for the growing of fruit or the growing of crops by the cultivation of the soil, dairying, and poultry raising.
SECTION 3. Districts.
a. For the purpose of this by-law the Town of Tewksbury is divided into four classes of districts designated as:
1. Single Residence District
2. General Residence and Farming District
3. Local Business District
4. Industrial District
b. The above districts are as shown on map entitled Zoning Map of the Town of Tewksbury dated Jan. 23, 1950 and filed with the Town Clerk and in the office of the Planning Board. Land and buildings within these districts shall be used only for the purposes specifically permitted in the following sections.
SECTION 4. Single Residence Districts.
a. One family detached dwellings.
b. The taking of boarders or the leasing of rooms by a family resident on the premises.
c. Churches, schools, public libraries, public museums, parish houses.
d. The following subject to application, public hearing of which legal notice has been given, and subsequent approval by the board of appeals. Cemeteries, hospitals, sanitariums, con- valescent homes and philanthropic institutions.
e. Accessory uses to the above.
SECTION 5. General Residence and Farming District.
a. Any use permitted in a Single Residence District.
b. Semi-detached and two-family dwellings.
c. Any of the following uses except such as are noxious or injurious or offensive to the neighborhood. Farms, green- houses, nurseries and truck gardens.
d. The sale of farm products, the majority of which are raised on the land of the owner if adequate off the road parking facilities for automobile trade are provided and observed.
SECTION 6. Local Business District. In a local business district no building shall be erected or altered and no building or premises shall be used for any purpose injurious to the health or general welfare of the community or noxious or offensive to a neighborhood by reason of the emission of odor, fumes, dust. smoke. vibration, noise or other cause; or for any purpose except the following:
a. Any use permitted in a Single Residence or General Resi- dence and Farming District.
b. Offices, business or professional and banks.
c. Retail stores, retail trade and shops for custom work or the making of articles to be sold at retail on the premises so long as not more than four persons are employed in the making of such articles.
d. Restaurants or other eating places.
e. Places of business of a baker, barber, clothes cleaner, con- fectioner, decorator, dressmaker, electrician, hairdresser, hand laundry, photographer, printer, news publisher, shoe repairer, shoe shiner, tailor, undertaker.
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f. Any of the following uses upon application, hearing and approval by the board of appeals subject to such restrictions as the board of appeals may impose for the welfare of the neighborhood.
1. Blacksmith, building carpenter, contractor, mason, plumber, roofer, tinsmith, upholsterer.
2. Commercial amusements.
3. Gasoline and oil stations, garages for storage, sales, or repair of automobiles, stables.
4. Billboards and advertising signs as regulated by law and by-laws.
5. Such other similar uses as may be approved by the appeal board.
SECTION 7. Industrial District. . In an industrial district, no building shall be erected or altered and no building or premises shall be used for any purpose injurious to the health of the community, noxious or offensive to a neighborhood by reason of the emission of odor, fumes, dust, smoke, vibration or noise or other cause nor for any purpose except the following:
a. Any use permitted in a Single Residence, General Residence and Farming or Local Business District.
b. General Manufacturing and any other purpose not prohibited by law, ordinance or regulation except that the following industries may operate only under a license granted by the selectmen upon the recommendation of a majority of the board of appeals and a majority of the board of health.
1. Fertilizer manufacturing and/or processing.
2. Chemical manufacturing or compounding.
3. Explosives manufacturing or storage.
4. Slaughter houses and poultry dressing plants, the raising and keeping of animals other than as permitted under farming.
SECTION 8. Height Regulations - Single Residence and General Residence and Farming Districts.
a. The limit of height of all buildings in all residence districts shall be two and one-half stories, not to exceed thirty-five feet.
b. The limitations in height in feet shall not apply to chimneys, ventilators, sky-lights, tanks, towers, bulkheads, pent- houses and other necessary features usually carried above roofs, nor to towers or spires of churches and other buildings if such features are in no way used for living purposes.
SECTION 9. Height Regulations - Local Business Districts and Industrial Districts.
a. The limit of heights of buildings in Local Business Districts shall be three stories not to exceed forty feet.
b. The limit of heights of buildings in Industrial Districts shall be five stories not to exceed sixty feet.
c. The above limitation of height in feet shall not apply to such features as chimneys, ventilators, sky-lights, tanks, towers, bulkheads, pent-houses and other necessary features usually carried above roofs, nor to towers or spires of churches and other buildings if such features are in no way used for living purposes.
SECTION 10. Area Regulations - Residence Districts.
a. In single residence districts and in General Residence and Farming Districts, land laid out after the adoption of the by-laws shall provide for each dwelling a minimum lot area of 10,000 square feet. The maximum ground floor area of any dwelling constructed after the adoption of this by-law
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shall not exceed 20% of the area of the lot upon which the dwelling is constructed or placed.
SECTION 11. Residence District - Yards and Clear Space.
a. In any single residence district or general residence district, no building or structure shall be erected, enlarged, or moved so that any part of the building or structure is less than twenty-five feet from the established line of any street, road or highway as established by the road commissioners. Projecting eaves and uncovered steps shall not be con- sidered as coming within the restrictions of this section. (WARNING) All persons should take notice that present paved surfaces and traveled surfaces do not necessarily cover the full width between existing road lines and are not always in the center of existing road lines and be sure to consult the highway department or road cominissioners for the location of correct street, road and highway lines befor2 building.
b. In any residence district, no building or structure except a detached accessory building shall be erected, enlarged, al- tered, or moved so that any part of the building is less than twenty feet from the side line of the lot on which such building or structure is located. Any accessory building separated from its dwelling by ten or more feet may be placed not less than ten feet from the sideline of the lot on which it is located.
c. In any residence district, no building shall be erected, altered or moved so that any part of the building is less than ten feet from the back line of the lot on which the building is located.
d. On a corner lot, no building, structure, fence, tree or shrub shall be so located as to prevent vision clearance in the space between three and eight feet above the ground be- tween the corner and a line joining the two points twenty feet from the corner measured along the lot lines.
SECTION 12. Local Business District and Industrial District Clear Space.
In a Local Business District or in an Industrial District, no building shall be erected, altered or moved so that any part of the building shall be less than 25 feet from any established street line or less than ten feet from the side line or rear line of the lot.
SECTION 13. No automobile filling station, garage, or automo- bile sales agency, ice cream stand, vegetable stand or other retail stand catering principally to automobile trade shall be located less than forty feet from any established street line. No portion of the front or side lines of a public garage, auto- mobile repair shop, filling station, service station, or any of their appurtenances or accessory uses, shall hereafter be placed within fifty feet of any residence district. No driveway to such premises shall be in any part within fifty feet of any resi- dence district. No such premises shall have any driveway entrance or exit for motor vehicles within 200 feet of the property used by any public school, or public library, church, playground or institution for the aged, sick or dependent.
SECTION 14. Accessory Use Limitations.
a. Accessory uses shall be on the same lot, or lots, with the buildings of the owner or lessee, and shall be such as do not alter the character of the premises on which they are located or impair the neighborhood.
b. Garage space for not more than two cars may be permitted as an accessory use in residence districts. Approval by the
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Board of Appeals shall be required for additional garage space.
c. On farms, stables and places for keeping or raising of ani- mals and poultry shall be considered as accessory buildings if permitted.
d. The use of a room or rooms in a dwelling as a professional office or studio or for customary home occupation by a per- son resident in the dwelling may be permitted as an acces- sory use. In such cases a professional sign of not over one and one-half square feet in area may be used and there shall be no public display of goods.
SECTION 15. Non-Conforming Uses.
a. Any building, part of a building or premises which, at the time of the adoption of this by-law does not conform to this by-law or is being put to a non-conforming use, may con- tinue to be used for the same purpose.
b. Wherever a non-conforming use has been changed to a more restricted use, it shall not again be changed to a less re- stricted use.
SECTION 16. Removal of Sand, Gravel or Loam.
The removal of sand or gravel lower than one foot above the grade level of any adjacent street or way, shall be prohibited on all land in the Town of Tewksbury, except for permitted uses on the land of the owner. The removal of loam in excess of 20% of its depth at the place of removal in any one year is prohibited except for permitted use on the land of the owner.
SECTION 17. District Boundaries.
The district boundaries shall be as shown on the zoning plan, the scale of the map and the figures entered to serve as guides. Where a zone boundary line divides a lot in a single or joint ownership at the time the district is established, a use author- ized on the less restricted portion of such a lot mav be extended into the more restricted portion, but in no case for more than 20 feet over the established zone line.
SECTION 18. Approval By Board of Appeals Required.
No permit or license where required by law to establish or operate a business shall be issued except by the written ap- proval of the Board of Appeals as provided in this section and subject to such conditions as the Board may deem it proper to impose. Any person desiring to obtain the permission of the Board of Appeals, for any purpose for which permission is required under this by-law shall make written application therefor, accompanied by such fee as the Board may require and the Board shall hold a public hearing thereon after such notice as is required by law and render a decision. It may make rules for such hearings, and shall notify all holders of real estate which might be affected and shall at such hearings hear such owners and others who may desire to be heard. No approval shall be granted by the Board without considering the effect upon the neighborhood and the town. If a permit or license be issued with conditions for the protection of the com- munity, such conditions shall be specified in writing on the permit or license. If granting a permit would result in sub- stantial injury, it shall be refused.
SECTION 19. Plans.
Applications for permits shall be accompanied by a plan of the lot proposed to be built upon in duplicate, drawn to scale, showing the actual dimensions of the lot. and the exact loca- tion and size of the buildings already upon the lot, and of the building or structure to be erected, together with the streets
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and set backs on and adjacent to the lot. A record of such application and plans shall be kept on file in the office of the Board of Appeals.
SECTION 20. Board of Appeals.
The Board of Appeals herein mentioned shall consist of three members who are registered voters of the Town of Tewksbury, appointed by the Selectmen. The appointments first made shall be for the terms of one, two, and three years respectively. so that the term of at least one member shall expire each year. All subsequent appointments shall be for a term of three years. No member of the board of appeals shall act in any case in which he shall be an interested party. If two or more members shall be absent or disqualified, the Board of Selectmen shall appoint substitutes to act during the absence or disqualifica- tion of said members. Every decision of the Board of Appeals shall be in writing and require the assent of at least two mem- bers and said decision shall be permanently filed with the Inspector of Buildings, or with the Board of Selectmen, if there is no Inspector of Buildings.
SECTION 21. Variations In Specific Cases.
The Board of Appeals may vary the provisions of this code in specific cases which appear to them to have been contemplated by this code, or in cases wherein its enforcement would in- volve practical difficulties or unnecessary hardship and where- in desirable relief may be granted without substantially devia- ting from the intent and purpose of this code, but not other- wise. The decision in such cases shall be unanimous and shall specify the variations allowed and the reasons therefor, and this report shall be filled in the office of the Inspector of Build- ings, or with the Board of Selectmen if there is no Inspector of Buildings, within ten days after the hearing. A certified copy shall be sent by mail to the applicant.
SECTION 22. Right To Enter.
Any member of the Board of Appeals, so far as may be neces- sary for the performance of their duties, shall have the right to enter any building or upon any premises in the town.
SECTION 23. Permits by Board of Appeals Required as a Con- dition Precedent.
The Board of Appeals may permit in any district any use ob- viously intended, or that is harmonious or compatible with or accessory to the uses or any of them herein mentioned, or necessary for public convenience or benefit, but which has not been specifically mentioned, or which may have developed since the framing of this by-law.
The Board of Appeals designated by Section 81-I of Chapter 211 of the General Laws shall act on all matters within its jurisdiction under this by-law in the manner prescribed in Section 81-I of said chapter and subject always to the rule that due consideration shall be given to conserving the public health, safety, convenience, welfare, and property values.
SECTION 24. Enforcement.
Whoever violates any provision of this by-law, or any of the lawful provisions of a permit issued by the Inspector of Build- ings, or of any permission granted by the Selectmen, or such Board of Appeals, or any decision rendered by or order of the Selectmen or any officer or such Board of Appeals, shall be liable to a fine of not more than twenty dollars for each violation.
This by-law shall be enforced by the Inspector of Buildings, or by the Board of Selectmen, if there is no Inspector of Build-
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ings. No building or structure or part thereof shall be erected, altered, or moved without a permit from the Inspector of Buildings, or the Board of Selectmen if there is no Inspector of Buildings. This permit shall be issued as soon as the In- spector of Buildings, or the Board of Selectmen, if there is no Inspector of Buildings, have had time to study the plans and the intended use of the proposed building, and are satisfied that the plans and intended use of the proposed building con- form in all respects to the provisions of this by-law.
ART. 29. To hear the report of the Planning Board on a simplified code of building laws and provisions for their enforcement as requested in Article XLVII of the Town meeting of February 18, 1949 which report is that a code of building laws be enacted as follows:
CODE OF BUILDING LAWS FOR THE TOWN OF TEWKSBURY
Section 1. This Bv-Law shall be known and cited as the Building Law as provided under Chapter 143, Section 3, of the General Laws.
INSPECTOR OF BUILDINGS
Section 2. An Inspector of Buildings shall be appointed annu- ally by the Selectmen for a term of one vear or until his successor has been appointed and qualified. He shall be familiar with building construction and shall not be financially interested in anv contract or in the furnishing of materials for any building in the Town.
Section 3. The Inspector shall examine all buildings in the course of construction, alteration, and repair, or which are to be moved or razed. and see that the zoning law and all By-Laws of the Town in relation thereto are complied with, and when necessary shall take proper measures to secure such compliance. He shall keep a record of the business of his office and make all returns required by law and shall make an annual report of his work to the Selectmen with such recommendations as he may deem necessary. None of the provisions of these Bv-Laws shall be con- strued so as to conflict with the requirements made by the Dept. of Public Safety under the authority of Chapter 143 of the General Laws.
Section 4. No building within the limits of the Town of Tewksbury shall be erected, razed or moved, and no addition or alteration of a building shall be made by any person unless he shall first file with the Inspector plans and specifications and a full description of the proposed work. If the plans, specifications or descriptions so filed shall be in compliance with the building limi- tations prescribed and the zoning law and By-Laws, the Inspector shall forthwith issue a permit therefor.
Section 5. To obtain a permit, the person intending to erect, alter, raze or move a building shall, before any work is to begin, file with the Inspector a notice of the intention with plan, together with specifications or a full description of the proposed work in duplicate. 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 Buildings to inspect the same and shall have received from said Inspector of Buildings a notice in writing that the work is approved. The Inspector of Buildings on receipt of a notice from the builder that any building or altera- tions, additions, or repairs to any building are ready for inspection. shall, as soon as possible, inspect the premises, but shall not accept
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the building until all the requirements of these By-Laws shall have been complied with, and no building shall be occupied until ac- cepted by the Inspector. The Inspector shall require that all permanent piers, or columns needed under girders, trimmers, etc., snail be in place before the building is lathed or plastered.
Section 6. The Inspector of Buildings shall examine every building or otner structure which he has reason to believe unsafe or dangerous, and if he finds it unsafe or dangerous he shall, in writing, notify the owner, agent or any person naving an interest therein, to remove it or make it safe and secure, and such person shall thereupon immediately remove it or make it safe.
APPLICATION
Section 7. No oversight or neglect of duty on the part of the Inspector of Buildings shall legalize the erection, construction, alteration, or repair of any building in a manner not in conformity with the provisions of this By-Law.
In case any work on any building is in violation of any of the provisions of the permit or of existing law, the Inspector of Build- ings snall have the right, and is hereby authorized and empowered to order that all work in or about said building be stopped.
Alı permits shall be void unless operations thereunder are commenced within six months after the date of the permit, or if the operations thereunder are discontinued for a period of more than six months. Permits are not transferable.
The fee for each permit shall be $2. The applicant shall pay this amount to the Building Inspector who will give the applicant a receipt for the same, and write upon the back of the application that it has been paid.
WALLS
Section 8. In all wooden buildings not exceeding two stories in height, the posts of which exceed twenty-two feet in length, the sills snall not be less than four by six inches and the posts and girts not less than four by six inches; in all such buildings the posts of which are twenty-two feet or less in length, the sills shall not be less than four by six inches, and the posts and girts not less than four by six inches; in all wooden buildings the studding of the outside walls shall not be less than two by four inches, set not more than sixteen inches on centres; in all wooden buildings the studdings in all partitions that carry floor timbers shall be not less than two by four inches, set not more than sixteen inches on the centres, and resting on girders not less than six by eignt inches. Ledger boards may be used in place of girts in one and one-half story houses or in dwellings where the attic floor is below the plates if the studding spaces between which shall be filled with joists of the same size as wall studs, cut in tight so as to prevent a draft in case of fire.
FLOOR TIMBERS
Section 9. Floor timbers in a dwelling when of good sound timber set sixteen inches on centres, shall be of the following size: For a span not exceeding fourteen feet, the timbers shall not be less than two by eight inches for a span over fourteen feet and not exceeding sixteen feet, the timbers shall not be less than two by ten inches; for a span over sixteen feet and not exceeding eighteen feet, the timbers shall be not less than two by twelve inches; for a span over eighteen feet and not exceeding twenty-feet, the timbers shall be not less than two by fourteen inches; there shall be girders not less than six by eight inches under main partitions; there shall be floor timbers doubled, or their equivalent, under all cross
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