USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1963-1967 > Part 17
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town, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any acts required or permitted in the discharge of his official duties.
APPLICATION
Section 8. 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 provi- sions of the permit or of existing law, the Inspector of Buildings 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 com- menced 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 and shall be publicly displayed on the premises during construction, alteration, and repairs.
The fee shall be determined annually by the Selectmen. The appli- cant 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.
The Inspector of Buildings may require that cost computations be submitted to substantiate disputed estimates. Quotations for any materials shall not be less than the amounts contained in the latest release of average prices of building materials issued by the United States Department of Labor, Bureau of Labor Statistics.
Any requirement necessary for the strength or stability of any pro- posed structure or for the safety of the occupants thereof, not specifically covered in these by-laws, shall be determined by the Inspector of Buildings.
FEES
Section 8A. All Fees required by this chapter shall be charged for in accordance with the following schedule, unless changed by the Selectmen:
A. For the erection, remodeling, reconstruction, or repair of any building or structure for each one thousand dollars ($1,000.00) or major fraction thereof, of the estimated cost of the work .... $ 1.50
B. For the demolition of a structure 3.00
C. For the moving of a structure 3.00
The minimum fee to be charged 3.00
The maximum fee to be charged 150.00
WOOD CONSTRUCTION
Section 9. For building having more than 250 square feet in area. Sills, corner posts, girts, shall not be less than four by six inches. Studding of all outside walls and bearing partitions shall not be less than two by four inches, set not more than sixteen inches on centers. Girders or carrying timbers shall be not less than six by eight inches.
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Plates on all outside and bearing partitions must be doubled. All exterior walls shall be diagonally braced with 2" x 4" subject to the approval of the Building Inspector.
All door, window and other openings must have one piece studs doubled on the jambs.
Lintel or headers over all openings shall be doubled.
Span for lintel or header shall not exceed the following for sizes given:
two (2" x 4") - not more than 4 feet.
two (2" x 6") - not more than 51/2 feet.
two (2" x 8") - not more than 7 feet.
span of seven (7) feet - not less than two by ten (2" x 10") inches.
PLYWOOD
All plywood, when permanently exposed in outdoor applications shall be of exterior type. Sidewall sheathing of fortified plywood to be a mini- mum of 1/2 inch thick. Roof sheathing of fortified plywood to be a minimum of 1/2" think. Plywood sheathing up to and including 1/2" to be applied with 6 penny common nails, spaced 6" on centers around panel edges, and 12" at other bearings, and 3/8" from edges. Plywood over 1/2" in thickness shall be applied with 8 penny nails, similarly spaced.
SHINGLED ROOFS
Asphalt shingles shall be of standard quality. Wood shingles shall not be used for roof covering on any building over 8 feet in height, or over 100 feet in area. Existing wood shingled roofs may be repaired with wood shingles, when said repair is less than 1/4 of the roof surface. No asphalt shingles shall be applied over any existing wood shingles. No more than 1 layer of asphalt shingles may be covered.
DRYWALL CONSTRUCTION
In structures where the use of drywall construction is employed as a substitute for lath and plaster, a minimum of 1/2" thick stock is to be used.
When a substitute for wood is used for sheathing of the sidewalls of dwellings and the use of wood shingles is contemplated, a nailing strip of 1" x 2" wood stock shall be used under shingles.
When clapboards are used over a wood substitute, studs of the outside walls shall be 12" on center.
BUILT-UP BEAM
A built-up beam which is composed of vertically laminated pieces shall be fastened together by bolts that are placed near the top and bottom edges in staggered rows, with a longtitudinal distance between bolts not exceeding four times the depth of the beam.
NOTCHED BEAM OR GIRDER
A wood girder or beam may be notched at any section other than the middle third of the span, provided the notch depth is less than one-fifth (1/5)
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of the depth of the member. Holes, with a diameter which does not exceed one-quarter (1/4) of the depth of a girder or beam, may be bored, in the center third of the depth of the middle third of the span, or in the top or bottom third of the depth of the outer thirds of the span or a simply supported member.
SIZE OF DWELLING
Section 9A. No single family dwelling, one story in height, shall have a finished floor area of less than 1000 sq. ft. No single family dwell- ing, more than one story in height, shall have a finished first floor area of less than 800 sq. ft. plus a second floor area of not less than 300 sq. ft. At least 150 sq. ft. of the second floor area shall have a headroom of at least 7 ft.
Any building hereafter constructed or to be used for business in all districts whether retail, wholesale, manufacture, office building, or other than residential, shall be a minimum of third class construction as so defined in Definition of Terms. Section 21.
One story buildings not normally frequented by the general public or attached to a residence shall be exempt from this section. This para- graph shall not be construed so as to conflict with the requirements of Chapter 143 of the General Laws.
WALL HEIGHT
The height of masonry walls shall not exceed twenty (20) times the thickness of such unsupported walls unless reinforced by adequate cross- walls, butresses or columns.
No timber or other combustible material shall be used to support any masonry wall.
Section 10. TABLE 1 - FLOOR TIMBERS
Maximum allowable spans for floor joists in dwellings.
Nominal Size
spacing in inches
Douglas Fir Sou. Pine
West Coast Est. Spruce Hemlock Est. Hemlock
All Other Species
2" x 6"
12
10' - 5"
10' - 2"
9' - 6"
9' - 0"
16
9' - 1"
9' - 1"
8' - 3"
7' - 6"
2" x 8 "
12
13' - 10"
13' - 6"
12' - 6"
12'- 0"
16
12' - 1"
12' - 1"
10' - 11"
10' - 0"
3" x 8"
12
16' - 4"
15' - 7"
14' - 10"
13' - 6"
16
14' - 11"
14' - 4"
13' - 7"
12' - 0"
2" x 10"
12
17' - 5"
17' - 0"
15' - 9"
15' - 0"
16
15' - 2"
15' - 2"
13' - 9"
12' - 6"
3" x 10"
12
20' - 6"
19' - 7"
18' - 7"
16' - 0"
16
18' - 10"
18' - 0"
17' - 1"
14' - 6"
2" x 12"
12
20' - 11"
20' - 5"
18' - 11"
18' - 0"
16
18' - 3"
18' - 3"
16' - 7"
15' - 0"
Floor timbers shall be bridged every eight feet and shall be doubled under all cross partitions.
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TABLE 2 - CEILING JOISTS
Spans and spacings of ceiling joists (maximum clear span)
Trade Size
Spacing c to c
Wes. Fir, Heml'k So. Yel. Pine, Hardwood
East. Spruce and Hemlock
All Other Softwoods
2 × 4
16
10' - 0"
9' - 8"
8' - 7"
12
11' - 0"
10' - 6"
9' - 4"
2 × 6
16
15' - 4"
14' - 8"
13' - 3"
12
16' - 7"
15' - 10"
14' - 2"
2 × 8
16
20' - 2"
19' - 3"
17' - 2"
12
21' - 8"
20' - 0"
18' - 6"
TABLE 3 - ROOF RAFTERS
Roof Rafters must be as follows for all roofs of a slope of more than 5 to 12 inches. (Maximum clear span).
Trade Size
Spacing c to c
Wes. Fir, Heml'k So. Yel. Pine, Hardwood
East. Spruce and Hemlock
All Other Softwoods
2 × 4
20
7' - 3"
6' - 7"
5' - 6"
16
8' - 1"
7' - 4"
6' - 2"
12
9' - 4"
8' - 6"
7' - 2"
2 × 6
20
11' - 4"
10' - 5"
8' - 8"
16
12' - 6"
11' - 5"
9' - 6"
12
14' - 2"
13' - 1"
11' - 0"
2 × 8
20
15' - 2"
13' - 8"
11' - 6"
16
16' - 7"
15' - 3"
12' - 1"
TABLE 4 - PREFABRICATED TRUSSES
Up to and including 20' exterior bearing walls a 2" x 4" top chord will be allowed. 20' and over a 2" x 6" top chord shall be the minimum. On all trusses made on job site, design shall be approved by Building Inspector.
GARAGES
Section 11. All garages built beneath the superstructure of dwellings shall be enclosed by brick, terra cotta, concrete walls or plastered walls. Openings in partition wall shall be sealed with metal clad door. Ceilings to be lathed and hard plastered. All garages built against the super- structure of dwellings shall have all walls and ceilings lathed and hard plastered or 5/8 sheetrock with any opening leading into dwelling metal clad garage side. Floors of all garages are to be of fireproof material.
EXCAVATIONS AND FOUNDATIONS
Section 12. Excavations shall be properly guarded by the person making the same against danger to life and limb, precaution being taken that the adjacent soil shall 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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FOUNDATIONS AND STRUCTURAL CONCRETE
Foundations may be of brick, stone, or concrete. Concrete for foun- dations shall be not poorer than one part Portland cement, three parts clean, sharp sand and five parts of clean gravel or broken stone. The sand, gravel and stone shall be screened, and with the cement, measured and thoroughly mixed. All concrete when in place, shall be properly rammed and allowed to set without being disturbed. If the inspector finds that the requirements of the law, relative to the use of concrete, are being violated by any person, the Inspector shall stop the further use of concrete until such person complies with the law. Said foundations must not be less than 42 inches below finished grade. When the structural use of concrete is proposed, a specification stating the quality and proportions of materials, and the method of mixing the same, shall be submitted to the Inspector of Buildings who may issue a permit after ascertaining that the proposed structure will have sufficient strength to safely carry all loads to be placed thereon.
FOOTINGS
Footings shall be so designed that the loads will be as nearly uniform as possible and not in excess of the safe bearing capacity of the soil. Where metal is incorporated or forms, a part of a footing or foundation, it shall be thoroughly imbedded in concrete and must be placed at least 3" from any face. Footing courses of concrete are required under the foundation wall of all dwellings. These footing courses shall be a minimum of 10" thick and extend a minimum of 4" each side of the wall it carries.
Column footings (under carrying timbers) shall not be less than 24" x 24" x 12" in depth. No footings shall be started on soil which is in a frozen condition. Footing for industrial, or buildings other than dwellings are to be determined by general engineering practice and approval of the Inspector of Buildings.
No superstructure shall be erected or worked on until foundation for the same is constructed and ready to receive superstructure, unless special permission is received from the Inspector of Buildings.
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 42 inches below grade. If columns are used, they shall rest on a footing of stone or concrete of equal depth, and must be four inches above grade.
SUPPORTS
Supports for dwelling houses other than their foundations, shall be of iron, concrete, stone or brick piers, suitable iron plates to be placed at the head and foot of columns.
BASEMENT OR CELLAR WALLS
Foundation walls, 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 concrete blocks shall be laid in mortar.
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All other types of foundation walls shall be not less than ten inches in thickness below grade.
CELLARS
All dwelling houses shall have cellars. See definition of same.
STEEL WROUGHT IRON AND CAST IRON
Section 12A. Steel, wrought iron and cast iron for structural work shall be of a quality which, in the judgment of the inspector, is suitable for the kind of structural work which is to be employed.
Detailed drawings of all the different features of construction shall be filed with the Building Inspector, and one to remain in the possession of the Town. The inspector may also require that the calculations by the Engineer shall be filed and remain in the possession of the Town, if the Inspector deems best.
FIRE PROTECTION
Section 13. All studs, walls and partitions shall have the space between the floor joists immediately under said walls and partitions and between studs from the under side of said floor joists protected by fire stops.
In every store a clear opening, covered with 3/4 inch plate glass 10" x 10" shall be provided between first floor and basement. This opening is to be centrally located and in a position which will not be covered by counters or other fixtures. If called for by the Chief of the Fire Department, additional openings may be required for stores having an area exceeding 500 square feet or stores with divided cellars.
The Chief of the Fire Department shall give notice in writing to the Inspector of Buildings, by noon of the day following of all fires in struc- tures that impair the structural strength of said structures.
Any building used or to be used, for any purpose which creates a fire hazard such as boiling fat, paint, oil or gasoline storage, etc., shall have the approval of the Chief of the Fire Department before the Building Inspector issues a permit.
Section 14. All air spaces around chimneys, pipes, shafts, etc. and all other spaces which form concealed air passages from one story to another shall have fire stops at each story.
Section 15. All ducts, chutes, and shafts for ventilation or other purposes shall be of, or lined with fire resistant material.
Section 15A. An opening with a minimum of 24" x 24" shall be provided into each attic space for inspection and repair.
All dwellings shall have a minimum of 2 means of egress not counting bulkheads.
The Building Inspector or the head of the Fire Department may require that sprinklers and wet or dry standpipes be installed where the size, type, or particular occupancy of a structure make such protection necessary.
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CHIMNEYS AND HEATING APPARATUS
Section 16. All chimneys and vents for heating apparatus hereafter erected shall be built from the ground of brick, stone or other fire resistant non-heat conducting materials, and shall be built plumb, or nearly so, so as to be self sustaining.
Section 17. All chimneys shall be built of brick, or any approved cinder block, 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 the outside. All chimneys shall be lined with vitrified clay flue lining.
Section 18. Every chimney shall be carried above the ridges. No structural woodwork shall be placed nearer than one inch to the outside of any internal chimney.
Section 19. No smoke pipe shall be nearer than twelve inches from floor, ceiling or protecting beams, and in cases where smoke pipes pass through partitions, or closets, it shall be in a manner approved by the Building Inspector.
Section 20. 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.
All ceilings immediately over a furnace or steam boiler and for three feet on each side - front and back - thereof shall, except under fireproof floors be lathed and plastered.
DEFINITIONS OF TERMS
Section 21. BASEMENT. That part of a building partly underground but having more than one-half of its entire wall area above the level of the adjoining ground.
BEARING WALL. A bearing wall means a wall which supports any vertical load in addition to its own weight.
BUILDING. Any structure comprising the assembly of materials to form a construction for the support, shelter, or enclosure of persons, animals, chattels or other property. Portions mutually separated by an approved firewall shall be considered as separate buildings.
CELLAR. The lower portion of a building wholly or partly below ground such that more than half the clear height from floor to ceiling is below the adjoining established grade.
CONCRETE SLAB CONSTRUCTION. That type in which the first floor of at least four inch concrete is laid directly on hill consisting of not less than 12 inches of good clean gravel, cinders or other suitable material.
DWELLING. A residence building for a family and not more than six lodgers or boarders, or occupied by not more than two families living separately.
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FOOTING. An enlargement at the lower end of a wall, pier, column or chimney so arranged as to distribute the supported load to the earth.
FOUNDATION. That portion of a wall below the level of the mean grade next to the wall, but may be construed by the Building Inspector to mean that portion below the basement or cellar floor, and may be construed as including slab construction.
GARAGE. An accessory building in which motor vehicles are kept, housed, and the term motor vehicles as used here applies to automobiles, trucks and buses.
GRADE. The average level of that part of the ground within four feet of the foundation wall.
THIRD CLASS CONSTRUCTION
Third class construction shall mean the use of brick, stone, re-inforced concrete, or other equally substantial and fire resistive materials in the construction of exterior, party and fire walls of buildings of which the floors, roof and interior partitions may be of ordinary wood construction.
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 so 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.
BOARD OF APPEALS
Section 23. Any person aggrieved by the action of the Building Inspector, or by a decision of the Board of Appeals, may appeal under the provisions of Chapter 40 of the General Laws, and amendments and addition thereto.
ENFORCEMENT
Section 24. The Building Inspector may revoke a permit or approval issued under the provisions of this code in case there has been any false statement or misrepresentation as to material, fact in the application, or plans, on which the permit or approval was based, or whenever any permit or approval has been issued in error and the conditions are such that a permit or approval should not have been issued.
The Building Inspector may, with the consent of the Board of Selectmen, 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.
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PENALTY
Section 25. Whoever violates any provisions 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.
- Approved by Attorney General July 27, 1964
VOTED: To adopt the Building By-Laws as written under Article 100 as moved by the Finance Committee. Voice majority, no dissents.
(3-30-64 at 11:02 P. M.) Approved by the Attorney General July 27, 1964 and posted according to law.
ARTICLE 101. To see if the Town will vote to amend the Zoning By-Laws to change from General Residence and Farming to Heavy Industry a parcel of land bounded and described as follows: Bounded on the North by Village Street; on the East by Clark Road; on the South by land owned by Michael Rindo and the present industrial zone; on the West by the Lowell-Tewksbury Line, containing about 71/2 acres, more or less, being shown on a plan of land in Tewksbury, Lowell, Mass., compiled October 1962, by Dana F. Perkins & Sons, Inc., Civil Engineers & Surveyors, Lowell, Mass.
-The Planning Board
VOTED: On motion by Mr. Alan Qua to adopt the rising vote of yeas were so dense a move to amend the Zoning By-Laws as prescribed by carried by the assembly. (3-30-64 at 11:10 P. M.) Approved by the Attorney General May 28, 1964 and advertised according to law.
ARTICLE 102. To see if the Town will vote to accept Public Law 560, 83rd Congress, as amended, and that the Planning Board be authorized to enter into negotiations with the Administrator of Housing and Home Finance Agency to apply for federal funds not to exceed $118,000.00 and that the Planning Board be authorized to expend the same for surveys, plans, specifications, contract documents, borings, estimates of cost, etc. of a sewerage system for Phases I, II and III as set forth in Report on Proposed Sewerage System, Tewksbury, Massachusetts, dated June, 1961, prepared by Whitman & Howard, Inc., engineers, in all its various aspects with the understanding that the Town will reimburse the Fedarl Govern- ment for that part of the cost of the surveys, plans, specifications, contract documents, borings, estimates of cost, etc. allocated to a particular sewer project if, and when, the particular sewer project is subsequently voted by the Town, said engineering work to be by an engineer approved by the Administrator, and that the Town authorize the Treasurer, with the approval of the Selectmen, to borrow from the United States Government under the terms of Public Law 560, as amended, for the purposes of this article for the Town of Tewksbury, or take any action relating thereto.
-The Planning Board
VOTED: To indefinitely postpone Article 102 by a rising vote of 135 yeas, 134 nays. The voice majority was not clear on this item.
Quorum questioned, recessed five minutes, reconvened at 11:27 P. M.
ARTICLE 103. To see if the Town will vote to amend the Zoning By-Laws to change from Heavy Industry back to Residential and Farming a parcel
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of land bounded and described as follows: bounded on the North by the New England Power Engineering and Service Corp., and the present residential zone; on the East by a line which is 100 feet West of Route 93; on the South by the Shawsheen River, land now or formerly owned by Thomas Sawyer and Capehart Colony; on the West by Shawsheen Street, containing about 182 acres, more or less. Being shown on a Zoning Plan in Tewksbury, Mass., prepared July 17, 1962 by Dana F. Perkins & Sons, Inc., Civil Engineers and Surveyors, Reading, Mass. -The Planning Board
VOTED: As motioned by Mr. Chester Sullivan, Planning Board, it was voted 198 to 0 to amend the Zoning By-Laws as prescribed by Article 103. The motion by Mr. Pupkis to indefinitely postpone was lost. (3-30-64 at 11:41 P. M.) Approved by the Attorney General May 28, 1964 and advertised according to law.
ARTICLE 104. To see if the Town will vote to amend the Zoning By-Laws to change from General Residence and Farming to Heavy Industry a parcel of land containing 59 acres more or less and bounded and described as follows: beginning at the Southwestrly corner of the premises on the Easterly Side of Clark Road running Northerly and Northeasterly by said Clark Road 1045 feet, more or less, to Dugway Brook; thence running Easterly, Northerly, Northeasterly, Southerly and Easterly by said brook 2548.5 feet, more or less, to Johnson Brook; thence running Southerly by said Johnson Brook about 1510 feet to a point at land of owner unknown; thence Westerly by land of owner unknown. 445.50; thence Northwesterly still by land of owner unknown, 138.50 feet to a point; thence southeasterly still by land of owner unknown 480 feet, more or less, to a point and at other land of Andover Sand and Gravel, Inc .; thence southwesterly by said last mentioned land 1572 feet, more or less to Clark Road at the point of begin- ning. Containing 59 acres, more or less. -The Planning Board
VOTED: Moved by Mr. Chester Sullivan to adopt, the rising vote in favor was so predominant a move to amend the Zoning By-Laws as prescribed by Article 104 unanimously was accepted by the Moderator and was so voted by the assembly. Motion by Mr. Merrill for indefinite postpone- ment was lost. (3-30-64 at 11:48 P. M.) Approved by the Attorney Gen- eral May 28, 1964 and advertised according to law.
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