USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1950-1954 > Part 8
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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 By-Laws shall be construed 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
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that the work is approved. The Inspector of Buildings on receipt of a notice from the builder that any building or alterations, additions, or repairs to any building are ready for inspection, shall, as soon as possible, inspect the premises, but shall not accept 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., shall be in place before the building is lathed or plastered.
Section 6. The Inspector of Buildings shall examine every building or other 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 having 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 shall have the right, and is hereby authorized and empowered to order that all work in or about said building be stopped.
All permits shall be void unless operations thereunder are commenced within six months after the date of the nermit, 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 shall 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 bv four inches, set not more than sixteen inches on the centres, and resting on girders not less than six by eight inches. Ledger boards mav be used in place of girts in one and one-half storv 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 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
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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 eighh inches under main partitions; there shall be floor timbers doubled, or their equivalent, under all cross partitions in the first floor of all dwellings. Headers and timbers of all openings more than four feet square in first floor of dwellings shall be floor joists doubled or their equivalent, beams carrying main or cross partions in first floor shall be supported on piers or filled iron posts not more than seven feet apart, trimmers on first floor over twelve feet in length shall be supported by a pier or post. The attic floor timbers shall not be less than two by six inches and spaced not more than sixteen inches on centres for any attic whether finished or unfinished, to which there is access and which can be used for storage or other purposes. All floor timbers with a span from ten to sixteen feet shall have one row of bridging; all floor timbers with a span of sixteen feet or more shall have a bridging at least every eight feet, and all bridging stock shall be not less than one by two inches. All cutting of floor timbers for the passage of pipes shall be on their upper edges, and no cut shall exceed two inches in depth. or be made more than three feet from the point of support of the timber. No cutting in on the under side of a floor timber will be allowed for any reason.
ROOF TIMBERS
Section 10. Rafters for pitched roofs not less than seven inches a foot, shall measure not less than two by six inches, and spaced not more than twenty-four inches on centres; valley rafters shall be two bv eight inches; all timbers herein mentioned to be solid stocks excepting plates, which may be in two pieces, each two by four inches thoroughly spiked together. Flat roofs shall be tim- bered sixteen inches on centre. All roofs with less than seven inch nitch to the foot, shall be considered as a flat roof for purpose of this section.
DOUBLE HOUSES
Section 11. Every double house shall have a separating parti- tion plastered on metal lath on both sides, or wholly filled between the stud with brick and mortar or concrete up to the ceiling of the upper finished story and resting on an eight-inch brick wall or its equivalent in the cellar.
GARAGES
Section 12. Any garage built under or directly connected with a dwelling house shall have an incombustible flood and fireproofed walls and ceilings. There shall be no door, window or other open- ing directly between the garage and the house unless properly fire- proofed.
EXCAVATIONS AND FOUNDATIONS
Section 13. Excavations shall be properly guarded by the person making the same against danger to lite and limb, precaution being taken tnat the adjacent soil snall not cave in. Excavations for foundations shall be made at least six inches wider than the outside of the wall and shall not be filled in until approved by the Inspector.
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All buildings erected hereafter shall have foundations laid in mortar not less than four feet below the finished grade which shall rest upon solid ground.
Foundation Walls. No footing shall extend less than four inches each side of the wall it carries. No wall footing shall be less than six inches and no pier footing less than eight inches in depth.
Piazzas, Porches. All piazzas and porches shall have suitable foundations of stone, brick or concrete or be supported by iron columns or masonry piers built on a solid bottom not less than four feet below grade. If columns are used they shall rest on a footing of stone or concrete of equal depth.
Supports. £ Supports for dwelling houses other than their foundations, shall be of iron, concrete, stone or brick piers, suitable irons plates to be placed at the head and foot of columns.
Basement or Cellar Walls. Foundations walls, for frame dwell- ings not over two stories high, if built of field stone, may be laid dry below grade. No such wall shall be less than eighteen inches thick. No stone shall be used which does not bond or extend into the wall at least six inches. Walls which are laid dry must be well pointed with cement mortar.
All other types of foundation walls shall be not less than ten inches in thickness below grade.
Spaces under Floors. In any dwelling house hereafter erected, under any part of which there is no cellar, the first or ground floor shall be at least two feet above the ground beneath and that adjacent thereto, and the space beneath such floor shall be kept free and clear, and shall be inclosed to prevent the accumulation of rubbish, but provided with ample ventilations and adequate drain- age.
FIRE PROTECTION
Section 14. All studs, walls and partitions shall have the space between the floor joists immediately under said walls and parti- tions, and between studs from the under side of said floor joists protected by incombustible fire stops.
The roofs of any new building shall be covered with a fire- proof or fire-retardant covering. Wooden shingles may be used to repair existing roofs if not more than thirty three per cent of the shingled area of one roof is to be shingled in any one year.
Section 15. All air spaces around chimneys, pipes, shafts, etc., and all other spaces which form concealed air passages from one story to another shall have similar fire stops at each story.
Section 16. All ducts, chutes, and shafts for ventilation or other purposes shall be of or lined with incombustible material.
CHIMNEYS AND HEATING APPARATUS
Section 17. All chimneys heretafter erected shall be built from the ground of brick, stone or other fire-proof non-heat conducting materials, and shall be built plumb, or nearly so, so as to be self- sustaining.
Section 18. All brick chimneys shall be built of hard-burned brick plastered outside below the roofing, after having been examined and approved by the inspector of Buildings, except that exposed portions of said chimneys may be left unplastered upon
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the outside. All chimneys shall be lined with vitrified clay flue lining.
Section 19 .- Every chimney shall be carried to a height suffi- cient to protect adjoining buildings from fire and smoke. No structural woodwork shall be placed nearer than one inch to the outside of any chimney.
Section 20. No smoke pipe shall be nearer than twelve inches from floor, ceiling or projecting beams, and in all cases where smoke pipes pass through wooden partitions or closets, it shall be in a manner approved by the Inspector.
Section 21. The top of every heating furnace or steam boiler shall be kept at least one foot below the lowest part of the ceiling or floor next above.
GENERAL
Section 22. Any By-Laws or parts of By-Laws heretofore adopted which are inconsistent with such provisions of these Building Laws as are approved by the Attorney General are hereby repealed: but the provisions of these Building Laws as far as they are the same as the provisions of By-Laws heretofore adopted, shall be construed as a continuation thereof, and not as new enactments.
The disapproval of the Attorney General of any provision, clause, sentence or part of these By-Laws shall not invalidate any other provision, clause, sentence or part thereof.
So much of these By-Laws as shall be approved by the Attor- ney General shall take effect on the first day of the calendar month following the completion of the publication or notice required by Chapter 275 of the General Acts of 1918, of which publication or notice and affidavits, the Town Clerk shall make suitable record.
BOARD OF APPEALS
Section 23. Any person aggrieved by the action of the Build- ing Inspector, or by a decision of the Board of Appeals, may appeal under the provisions of Chapter 40 of the General Laws, and amend- ments and additions thereto.
ENFORCEMENT
Section 24. The Inspector of Buildings shall cause complaint to be made before the proper court for any violation of any provi- sions of this By-Law.
The Board of Selectmen upon the application of the Inspector of Buildings may institute proceedings to enforce this By-Law and to enjoin the erection, continuance or occupation of any building in violation of the provisions of this By-Law.
PENALTY
Section 25. Whoever violates any provision of this By-Law shall be punished by a fine not exceeding one hundred dollars for each offense to be paid into the treasury of the Town of Tewksbury.
ART. 53. To see what salary or rate of compensation the Town will pay the Inspector of Buildings or take any other action relative thereto.
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ART. 54. To see if the Town will vote to repeal the present Zoning By-Laws and in lieu thereof adopt a revised Zoning By-Laws, 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 accessary.
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- 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
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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, philanthropic institutions, and greenhouses.
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.
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, except race tracks of any des-
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cription and open air theaters. No license for any type of race track or open air theater shall be granted prior to being balloted upon and approved by a two-thirds vote of a legally held Town Meeting.
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 any 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
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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 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 considered 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 commissioners for the location of correct street, road and highway lines before 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 automobile 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, automobile 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 residence district. No such premises shall have any driveway entrance or exit for motor vehicles within 200 feet of the
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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 Board of Appeals shall be required for additional garage space.
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