USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1955-1960 > Part 79
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 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80
3.7 Obstruction at Street Intersections
No fence, wall, hedge, shrubbery or other obstruction to vision
W-39
in excess of three feet in height shall be placed or allowed to grow at street intersections within the area formed by a line joining points on each front line 20 feet from the intersection of the tan- gents of such streets.
3.8 Lots on Narrow Streets
In the case of lots in residence districts fronting on streets less than 40 feet in width the required front yard shall be increased by one-half the difference between 40 feet and the actual width of the streets.
3.9 Lots Adjacent to a Railroad
In the case of that portion of a lot in a district other than a residence, where contiguous to a railroad right-of-way, no side or rear yard shall be required.
3.10 Dwellings for more than One Family
The number of family dwelling units on any lot shall not ex- ceed one for each unit of land area appearing under the heading: "Minimum Lot Area per Family Dwelling Unit" in the table applic- able to the district in which such lot is located. For the purpose of determining the number of family dwelling units to be permitted on a lot, the average depth of such lot shall not exceed three times the average width.
3.11 Density of Residential Use
In the case of buildings with human habitation, other than residences, the total number of sleeping accomodations on any lot shall not exceed seven for each unit of land area appearing under the heading "Minimum Lot Area per Family Unit" in the table applicable to the district in which such lot is located.
3.12 Use of Land for Access or Parking
The use of land for access to or for parking in connection with a use shall be considered to be accessory to and part of such use, except that this provision shall not prohibit access across a Com- mercial District to a use lying in an Industrial District.
3.13 Accessory Buildings
Detached accessory buildings not more than 12 feet in height and not used for human habitation or for the housing of animals may be located in the required rear yard, and in so much of the required side yard as lies not less than 75 feet from any street line, provided that they are not less than 10 feet from any side or rear lot line.
3.14 Height Limitation
The building height limit shall be applied separately for each wing or other distinct portion of the building, and may be increased for any building or district portion thereof by one foot for every two feet by which such building or such portion thereof lies inside the nearest limiting line of any required front, side or rear yard. Spires, cupolas, towers, chimneys, flagpoles, pent houses, ventilators,
W-40
tanks, and similar features, occupying in the aggregate not more than 10 per cent of the building area and not used for human occupancy, may be erected to a reasonable and necessary height.
3.15 Existing Lots
Nothing in this by-law shall prevent the construction of a per- mitted building or the establishment of a permitted use on a lot which at the time of adoption of this by-law and continuously there- after was owned separately from any adjoining lot, provided that if such lot is not served by public water it shall contain not less than 7500 square feet, and provided further than any reduction in required front, side, and rear yards has been approved by the Board of Appeals. No dwelling for more than one family shall be con- structed on any such lot unless the lot per area per family unit is equivalent to the applicable requirement by this by-law.
3.6 Trailers
No corporation, person or persons, owners, lessees, or other person in control of a trailer, trailer coach, mobile home or other closed vehicle furnished for housekeeping, and designed to be pulled behind another vehicle shall cause the same to be placed upon any premises in any district within the Town.
SECTION 4 - RESIDENCE DISTRICTS
4.1 Uses Permitted
4.1.1 Single family dwellings subject to the requirements of Paragraph 4.2.
4.1.2 Dwellings for more than one family, subject to the re- quirements of Paragraph 4.2 especially as to minimum lot area per family unit.
4.1.3 Agriculture, farming, forestry, truck or nursery gardening, including greenhouses. No livestock or poultry may be kept on any lot of less than 3 acres. The uses permitted by this paragraph shall not be held to permit the commercial raising of fur-bearing animals other than rabbits nor the keeping of swine.
4.1.4 A personal, professional or business office of the occupant of the premises located in the dweling occupied by such person as his residence and employing not more than two persons who are not residents of the premises.
4.1.5 A customary incidental home occupation such as dress- making, millinery, preparation of food products, watch repairing, television and raido repair, or similar service occupations carried on within a dwelling and exclusively by a resident of the premises, provided that such is secondary to the use of the dwelling for resi- dence purposes and does not change the residential character there- of, but excluding the sale of food or beverages for consumption on the premises except as permitted by 4.1.6.
4.1.6 The letting of rooms or furnishing of board by the resident of the premises to not more than 6 persons.
4.1.7 Philanthropic, educational, recreational or religious use
W-41
by a dully organized non-profit corporation or governmental unit, excluding correctional institutions or institutions for the insane.
4.1.8 A public school, town hall, town office building, fire- house, police station, or other similar municipal building of the Town of Tewksbury, but excluding a garage for storage of heavy equipment, repair shop, or incinerator.
4.1.9 A park, playground, forest or wildlife reservation operated by a non-profit corporation located in the Town of Tewksbury, or by a governmental unit.
4.1.10 The following uses when specifically approved by the Board of Appeals as special exceptions and subject to such condi- tions as said Board may establish, giving consideration to the effect of the proposed use on present and future dwellings in the vicinity, to the proposed site planning and landscaping, to the conditions affecting traffic safety, to the provision for off-street parking and to other standards provided in this by-law.
4.1.10.1 A telephone exchange, radio or television transmission or relay station, transformer substation, sewer or water pumping sta- tion, water tank, stand pipe, water supply reservoir or reservation, bus or railway waiting room or similar public utility use with no outside service yard or outside storage of supplies, provided that the Board of Appeals finds that such use is necessary within the Resi- dence District in which it is located and that the proposed architec- ture and landscaping are in harmony with the character of the neighborhood.
4.1.10.2 A private school for pupils below high school grade, operated for profit.
4.1.10.3 A bona fide club or community house not operated for profit.
4.1.10.4 A cemetery owned by the Town of Tewksbury or by an ecclasiastical society or cemetery association located in the Town.
4.1.10.5 A privately operated nursing or convalescent home.
4.1.11 Accessory uses customarily incidental to a permitted use on the same lot, including buildings used for permitted home occu- pations. Accessory buildings shall not be used for dwelling purposes, except by employees or non-paying guests of the occupant of the premises. Accessory use may include a private garage, but if such garage is an integral part of the principal dwelling, it shall occupy not more than one-half of the total ground floor area. Space for one motor vehicle may be rented to others than occupants of the prem- ises. Accessory use shall not include the storage of commercial vehicles in excess of one and one-half tons' capacity except in the case of vehicles used primarily for agricultural or maintenance purposes on the premises.
4.1.12 Signs not exceeding three square feet in area bearing the name and occupation of the occupant. Temporary signs not exceeding 6 square feet in an area advertising the premises for sale or rent, or advertising a building operation or repair being carried out on the premises while such sign is on display. No Billboards
W-42
shall be permited in any district and are hereby prohibited unless such Billboards are set back from any public way, a distance of at least 300 feet and such Billboards shall be further subject to a permit from the Board of Appeals after a public hearing.
4.2 Required Lot Area, Width, Yards, Coverage, Height
District
Min. Lot Area sq. ft.
Min. Lot Width ft.
Min. Lot Ar. per Fam. Unit sq. ft.
Front Yard ft.
Yards Each ft.
Rear Yard ft.
Bidgs. Cov. %
Ht. ft.
R-40
40,000
150
30,000
40
30
30
10
35
R-20
20,000
125
15,000
30
20
30
15
35
R-15
15,000
100*
10,000
30
15
30
20
35
*For lots containing a dwelling for more than one family, the lot width shall be not less than 125 feet.
SECTION 5 - COMMERCIAL DISTRICTS
5.1 Uses Permitted in CA Districts
5.1.1 Any use permitted in a Residence District, without the requirement for approval of the Board of Appeals as provided in Paragraph 4.1.7.
5.1.2 Business and professional offices and financial institutions.
5.1.3 Retail stores for sale of antiques, appliances, auto supplies, beverages including packaged alcoholic beverages, confectionery, food, frozen food, storage space, furniture, gifts, hardware, horticul- tural products and supplies, household furnishings, jewelry, medical supplies, notions, office supplies, optical supplies, periodicals, photo- graphic equipment, sporting goods, stationery, toys, wearing apparel, provided in all cases that no merchandise be displayed outdoors more than 10 feet from the wall of the building where sold.
5.1.4 Retail service establishments for a barber, caterer, clothes cleaner, cobbler, decorator, dressmaker, florist, furrier, hairdresser, photographer, tailor, upholsterer.
5.1.5 Motels, subject to the approval of the Board of Appeals in accordance with the provisions of Section 10, provided such Board finds that adequate provisions are to be made for sanitary sewerage and for the handling of traffic.
5.1.6 Bowling alleys and establishments for use of amusements, reacreation or assembly, subject to the approval of the Board of Appeals in accordance with the provisions of Section 10.
5.1.7 Radio or television studios.
5.1.8 Restaurants and other places serving food and non-alco- holic beverages.
5.1.9 Undertaker's establishments.
5.1.10 Automobile service stations for the dispensing of fuel and lubricants and minor repairs only.
5.1.11 Accessory uses customary with, and incidental to a per- mitted use, including private garages for the storage of motor ve- hicles as accessories to a permitted use only.
5.1.12 Signs pertaining to a business on the same premises. Signs
W-43
which are not part of or attached to a building or which project more than 10 feet into a required front or side yard shall be in- stalled only with approval of the Board of Appeals.
5.2 Uses Permitted in CB Districts
5.2.1 Any use permitted in a CA District.
5.2.2 Restaurants, including those serving alcoholic beverages.
5.2.3 Public garages, automobile, trailer, and farm equipment salesroom, outdoor sales areas and public parking areas.
5.2.4 Motor truck terminals, and automobile or machinery repair shops, including welding and tire recapping, provided that all operations are carried on in a building.
5.2.5 Newspaper plant or job printing establishments.
5.2.6 Public utility buildings including storage yard or electric substation.
5.2.7 Plants for the processing and distribution of milk and edible dairy products, and for the bottling of beverages.
5.2.8 Theaters for indoor motion picture projection or dramatic or musical productions.
5.2.9 Research laboratories, provided that there is no manufac- ture of processing of material except as incidental to research and experiment, and provided further that no operation is carried on which creates any objectionable noise, smell, smoke, or fumes, or vibration noticeable off the premises.
5.2.10 Accessory uses customary with, or accessory to, a per- mitted use.
5.2.11 Signs pertaining to a business on the same premises. Signs which are not part of or attached to a building or which project more than 10 feet into a required front or side yard shall be in- stalled only with the approval of the Board of Appeals.
5.3 Required Lot Area, Width, Yards, Coverage, Height
District
Min. Lot Area sq. ft.
Min. Lot Width ft.
Min. Lot Ar. per Fam. Unit sq. ft.
Front Yard ft.
Yards Each ft.
Rear Yard ft.
Bidgs. Cov. %
Ht. ft.
CA-15
15,000
100
10,000
50
15
30
20
30
CB-20
20,000
100
15,000
50
20
30
15
30
SECTION 6 - INDUSTRIAL DISTRICTS
6.1 Uses Permitted in Industrial Districts
6.1.1 Any use permitted in any previous district except the sale at retail of alcoholic beverages.
6.1.2 Retail lumber, fuel, and building material yards, and con- tractor's equipment storage, provided that tanks for oil storage above ground do not exceed 10,000 gallons' capacity.
6.1.3 Electronic industries, assembling of electrical appliances and equipment, including manufacture of small parts.
6.1.4 Research laboratories including manufacture of equipment necessary for required research.
W-44
6.1.5 Food processing such as a bakery, but excluding the mill- ing of grain or the rendering of fats and oils.
6.1.6 The manufacture, compounding, processing packaging or treatment of beverages, candy, cosmetics, pharmaceuticals or drugs.
6.1.7 Manufacture of ceramic products, vitreous ware, pottery and porcelain from previously pulverized clay and using kilns fired by electricity or other odorless, smokeless fuel.
6.1.8 Manufacture of jewelry, toys, sporting goods, musical instruments.
6.1.9 Machine shop and manufacture of hardware, but excluding the use of drop hammers or punch presses of over 10 tons' rated capacity.
6.1.10 The fabrication and installation of glass and glass products.
6.1.11 The manufacture of clocks, watches, or scientifical, optical, or precision instruments.
6.1.12 The manufacture of articles from previously prepared raw materials such as bone, feathers, felt, fibers, fiberglass, fur, hair, leather, paper, plastics, rubber, shell or textiles.
6.1.13 Publishing, printing, or bookbinding.
6.1.14 Stone or monument works.
6.1.15 Woodworking or upholstery shops.
6.1.16 Storage warehouses.
6.1.17 Accessory uses customarily incidental to a permitted use.
6.1.18 Signs pertaining to a business on the same premises. Signs which are not part of or attached to a building or which pro- ject more than 10 feet into a required front or side yard shall be installed only with the approval of the Board of Appeals. No Bill- boards shall be permitted in any district and are hereby prohibited unless such Billboards are set back from any public way, a distance of at least 300 feet and such Billboards shall be further subject to a permit from the Board of Appeals after a public hearing.
Paragraph 6.2 Completely Omitted
6.3 Comparable Uses
The Board of Appeals may permit in any Industrial District a use which is similar to a use specifically permitted by provisions of this section in the nature of its processes, in the number of persons and vehicles which will be attracted to the premises and in its effect upon nearby premises, both within and without the District in which it is located.
6.4 Prohibited Uses
Except as provided in Paragraph 6.3, all uses not specifically permitted are prohibited. Prohibited uses shall include, but not be limited to, the following:
6.4.1 Garbage and refuse incineration or disposal otherwise of material not orignating on the premises, except by the Town of Tewksbury.
W-45
6.4.2 Distillation of bones, rendering of fat or reduction of animal matter.
6.4.3 Manufacture of glue.
6.4.4 Oil refining.
6.4.5 Bulk Storage of petroleum products.
6.4.6 Founderies, manufacture of large machine parts, metal working.
6.4.7 Tanneries.
6.4.8 Manufacture of cement products and cement mixing.
6.4.9 Processing, storage and distribution of asphalt products.
6.4.10 The sorting, baling and storage of waste paper, rags or junk, or the dismantling of motor vehicles.
6.4.11 Slaughter houses.
6.4.12 Sand, gravel and stone processing plants.
6.4.13 Trailer Coach Parks.
6.5 Required Lot Area, Width, Yards, Coverage, Height
District
Min. Lot Area sq. ft.
Min. Lot Min. Lot Ar. Width ft. per Fam. Unit sq. ft.
Front Yard ft.
Yards Each ft.
Rear Yard ft.
Bldgs. Cov. %
Ht. ft.
Indust.
40,000
150
30,000
40
30
30
10
30
6.6 Special Regulations
6.6.1 In any Industrial District the required front yard shall be suitably landscaped and shall not be used for parking, storage, or other purposes inconsistent with the landscaped effect.
6.6.2 Each lot in any Industrial District shall have access only at designated driveways. Each lot may have not more than two driveways and one additional driveway for each 200 feet of street frontage above the minimum required. Driveways shall not exceed 30 feet in width at the front lot line.
6.6.3 A strip not less than 30 feet wide in all side and rear yards where adjacent to a Residence District shall be suitably landscaped and not used for parking or and use prohibited in such adjacent Residence District.
SECTION 7 - OFF-STREET PARKING and LOADING
7.1 Facilities Required
On all premises developed after the adoption of this by-law for any purpose, parking facilities shall be provided, off the street or highway right-of-way, sufficient to accomodate the motor and other vehicles of all occupants, employees, customers and other persons normally visiting the premises at any one time.
7.2 Required Minimum Area
Unless parking facilities are otherwise specifically approved by the Board, they shall contain not less than the following minimum areas, exclusive of driveways necessary for access. Except as other- wise provided, rooftop, garage, or indoor parking, excluding ramps, may be included in the required area.
7.2.1 For dwelling, 250 square feet for each family unit.
W-46
7.2.2 For offices, financial institutions, retail stores, personal service shops, restaurants, and similar business buildings, an area equal to three times the floor area used for business, excluding storage.
7.2.3 For theaters and assembly halls having fixed seats, 350 square feet for every four seats.
7.2.4 For other places of public assembly or public recreation, 250 square feet for every four legal occupants, including employees.
7.2.5 For industrial plants, wholesale establishments and similar buildings, 250 square feet for every three persons normally em- ployed.
7.2.6 For hotels, boarding and lodging houses and tourist estab- lishments, and similar buildings, 250 square feet for every 2 guests accommodated on the premises and 250 square feet for every three persons normally employed on the premises.
7.3 Truck Loading Space
In the case of hospitals, institutions, hotels, retail, wholesale and industrial buildings, space shall be provided for loading and unloading trucks at the rate of one space not less than 400 square feet in area for each 15,000 square feet of floor area or fraction thereof less than 30,000 square feet, and 400 square feet for each 30,000 square feet of floor thereof in excess of 30,000 square feet.
SECTION 8 - REMOVAL OF TOP SOIL, SAND AND GRAVEL
8-1 Removal Restricted
Unless otherwise provided in this section, there shall be no removal from the premises in any district of earth, sand, gravel, or clay, except as surplus material resulting from a bona fide construc- tion, landscape or agricultural operation being executed on the premises, and provided that no permanent damage is done to the landscape.
8.2 Removal of Top Soil
The Board of Appeals may grant a permit in any district for the Removal of top soil or loam from any area provided that not less than four inches of top soil or loam remains and provided fur- ther that the entire area disturbed is seeded with a suitable cover crop or is put to cultivation.
8.3 Removal of Sand, Gravel, Clay
The Board of Appeals, after public hearing, may permit the removal of sand, gravel, or clay, in any district under the following conditions:
8.3.1 The applicant shall submit a plan showing existing grades in the area from which the above material is to be removed, to- gether with finished grades of the conclusion of the operation.
8.3.2 The plan shall provide for proper drainage of the area of the operation during and after completion and no bank shall exceed a slope of one foot of vertical rise in one and one-half feet of hori- zontal distance except in ledge rock. No removal shall take place
W-47
within 20 feet of a property line except that where the grade from a property line rises towards the lot where removal is to take place, material lying above the grade at the property line may be removed.
8.3.3 At the conclusion of the operation or of any substantial portion thereof, the whole area where removal takes place shall be covered with not less than four inches of top soil and seeded with a suitable cover crop, except where ledge rock is exposed.
8.3.4 Before a permit is granted under this section, the applicant shall post a bond with the Treasurer of the Town of Tewksbury in an amount approved by the Board of Appeals as sufficient to guarantee conformity with the provisions of the permit issued hereunder.
SECTION 9 - NON-CONFORMING BUILDINGS AND USES
9.1 Continuance of Non-Conforming Uses
Any non-conforming use of buildings or premises lawfully existing at the effective date of this by-law or of any pertinent amendment thereto, may be continued in any building so existing which was designed, arranged, intended for, or devoted to a non- conforming use may be reconstructed structurally altered, and the non-conforming use therein changed, all subjects to the following regulations.
9.1.1 No non-conforming use may be changed except to a con- forming use, or, with the approval of the Board of Appeals, a non- conforming use may be changed to another non-conforming use no more objectionable in character.
9.1.2No non-conforming use shall, if once changed into a con- forming use, be changed back again into a non-conforming use.
9.1.3 No non-conforming use shall be extended or expanded except with the approval of the Board of Appeals.
9.1.4No non-conforming use which has been abandoned for a period of one year shall be thereafter resumed.
9.2 Change of Plans
Nothing in this section shall require any change in the plans, construction or designated use of a building, a permit for the con- struction of which shall have been granted prior to the effective date of this by-law, or any pertinent amendment therto.
9.3 Enlargement of Non-Conforming Building
No building which does not conform to the requirements of this by-law regarding building height limit, area, and width of lot, percentage of lot covering, and required yards and parking facilities shall be enlarged unless such enlarged portion conforms to the by- law regarding the foregoing building and lot requirements applying to the district in which it is located and unless the use is governed by Paragraph 9.1.3.
9.4 Reconstruction after Damage
The Board of Appeals may permit the reconstruction within one year of a building damaged by fire, accident, the act of God, or
W-48
of the public enemy, to its condition prior to such damage or pre- vent the restoration of a wall or structural member.
SECTION 10 - ADMINISTRATION AND ENFORCEMENT 10.1 Enforcement
10.1.1 The by-law shall be enforced by the Building Inspector, appointed under the building laws of the Town of Tewksbury, who shall grant no permit for the construction or alteration of any building or structure, if the building or structure as constructed or altered would be in violation of any provision of this by-law. No municipal officer shall grant any permit or license for the use of buildings, structures or land, which use would be in violation of any provision of this by-law. Whenever such permit or license is re- fused because of some provisions of this by-law, the reason therefor shall be clearly stated in writing.
10.1.2 Every applicant for a permit for any construction, altera- tion or use of any building or land for which a permit is required by law shall, upon request of the Building Inspector, file such writ- ten information, plans, specifications or other such data as shall be deemed necessary for the full and accurate exposition of the pro- posed construction, alteration or use. Such material shall be kept on file in the office of the Building Inspector.
10.1.3 The Building Inspector, with the approval of the Select- men may, and if required by it shall, institute appropriate legal proceeding to enforce this by-law and to restrain by injunction any violation thereof.
10.2 Board of Appeals
10.2.1 The Board of Appeals shall be the existing Board of Appeals as appointed by the Selectmen. Said Board shall organize yearly, choosing a chairman from its own number and setting up rules in accordance with Chapter 40A of the General Laws as amended.
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.