USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1963-1967 > Part 18
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ARTICLE 105. To see if the Town will vote to repeal the present Zoning By-Law and in lieu thereof adopt a revised Zoning By-Law, as follows: -The Planning Board
Draft of Zoning By-Law
SECTION 1. PURPOSE
To promote the health, safety, morals, convenience and general wel- fare of its inhabitants, to lesson 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.
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SECTION 2. DEFINITIONS
For the purpose of this by-law, certain terms or words shall be defined as below. Words in the present tense include the future, the singular number includes the plural and vice versa. The word "person" includes a partnership, corporation or other entity. The word "lot" includes the word "plot." The word "building" includes the word "structure."
2.1 Accessory Building or Use: Any building or any use of land or buildings, which is subordinate to and whose use is incidental and accessory to the use of the principal building on the same lot.
2.2 Building: Any structure having a roof and intended for the shelter, housing or enclosure of persons, animals or materials. Any other structure more than eight feet high shall be considered as a building, including a solid fence or wall, but excluding an electric transmission line or an electric light, telephone or telegraph pole, highway or railroad bridge or flagpole.
2.3 Building Area: The ground area enclosed by the walls of a building together with the area of all covered porches.
2.4 Building Coverage: The percentage which the aggregate building area of all buildings on the lot bears to the area of the lot.
2.5 Building Height: The vertical distance from the average finished grade within 10 feet of the walls of the building to the highest point of the roof.
2.6 Building Line: A line parallel to a street at a distance equal to the required front yard or at a greater distance when otherwise established by the Town of Tewksbury.
2.7 Court: An open space, other than a yard, on the same lot with a building, which space is bounded on three or more sides by the walls of such building.
2.8 District: A district established by the provisions of Section 3 of this by-law.
2.9 Dwelling, one family: A detached building designated for or occupied by one family.
2.10 Dwelling, two family: A detached building designated for or occupied by two families living independently of each other.
2.11 Dwelling, multiple: A dwelling or group of dwellings on one lot containing separate living units for three or more families, having separate or joint entrances, services, or facilities.
2.12 Dwelling, row: A building designated for or occupied by one family which is attached to one or more similar dwellings in a row or group containing not less than three such buildings.
2.13 Family: Any number of individuals related by blood, marriage or adoption, living together as a single housekeeping unit, provided that a group of not more than seven persons keeping house together, but not necessarily related by blood or marriage may be considered a family.
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2.14 Family Dwelling Unit: A dwelling or part of a dwelling occupied or intended to be occupied by one family for residential purposes.
2.15 Lot: A plot or parcel of land occupied or capable of being occupied by one principal building and the accessory buildings or uses customarily incident to it including such open spaces as are required by this by-law. In the case of multiple dwellings and public, institutional, commercial or industrial buildings, a group of buildings under the same ownership may be considered as occupying the same lot.
2.16 Lot, corner: A lot at the intersection of and abutting on two or more streets where the angle of intersection is not more than 135 degrees or where the intersection is rounded by a curve having a radius of less than 100 feet.
2.17 Lot, interior: A lot other than a corner lot or through lot.
2.18 Lot, through: A lot other than a corner lot which abuts two or more streets which do not intersect at the lot.
2.19 Lot Line: The established division line between lots or between a lot and a street.
2.20 Lot Line, front: All dividing lines between a street and the lot shall be considered front lines.
2.21 Lot Line, side: The line or lines bounding a lot which extend from the street towards the rear in a direction approximately perpendicular . to the street. In the case of corner lots, or through lots, all lines extending from streets shall be considered side lot lines.
2.22 Lot Line, rear: The line bounding a lot at the rear and approxi- mately parallel to and at the maximum distance from the front lot line.
2.23 Lot, minimum width of: The distance between the side lot lines measured in a straight line at right angles to the mean direction of such side lot lines, which line of measurement shall touch, but not be in front of the building line. In the case of a corner lot, the minimum width shall be similarly measured and, for the purpose of this measurement only, the front lot line which has the least dimension shall be considered the front lot line and the lot lines adjacent thereto shall be considered as side lot lines.
2.24 Non-conforming use: A use of land, building, or premises which is not a use permitted by the provisions of this by-law for the district in which such land, building or premises are situated.
2.25 Non-conforming building: A building the use or construction of which does not conform to all the applicable provisions of this by-law.
2.26 Open Space: A space, not occupied by a building or other roofed structure, on the same lot as the principal building.
2.27 Premises: A lot as defined in this section, including any buildings thereon.
2.28 Street: A public way or a way opened to the public use or other right-of-way giving access to the lot, but excluding an alley used for service access only. "Street" shall be deemed to include the entire width of the right-of-way.
2.29 Street Line: The line dividing the street and the lot.
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2.30 Trailer Coach: Any vehicle or object on wheels and having no motive power of its own, but which is drawn by, or used in connection with, a motor vehicle, and which is so designed and constructed, or reconstructed or added to by means of such accessories as to permit use and occupancy thereof for human habitation, whether resting on wheels, jacks, or other foundation, and shall include the type of vehicle known as a mobile home.
2.31 Trailer Camp: Any land used or permitted to be used for the parking of more than one occupied trailer coach.
2.32 Yard, front: An open space between the building and the front lot line, extending the full width of the lot, or in case of a corner lot, extending along all streets.
2.33 Yard, rear: An open space between the building and the rear lot line, extending the full width of the lot.
2.34 Yard, side: An open space between the building and a side lot line, extending from the front yard to the rear yard. Any yard not a rear yard or a front yard shall be deemed a side yard.
2.35 Yard, required front, rear or side: So much of the front, rear or side yard as is required by the applicable provisions of this by-law.
SECTION 3. CLASSES OF DISTRICTS
3.1 Division into Districts
For the purpose of this by-law, the Town of Tewksbury is divided into the following classes of districts.
Residence Districts
RS-1
RS-20
RM-1
RM-20
Commercial Districts
CA-20
CB-20
Industrial Districts Ind.
3.2 Zoning Map
The boundaries of these districts are hereby established as shown on the Zoning Map of the Town of Tewksbury, dated and amendments thereto, which map and amendments are hereby declared to be a part of this by-law.
3.3 Zoning of Streets
The boundary of each district shall include the beds of all streets lying therein. When opposite sides of a street lie in different districts, the boundary shall be deemed the center of the right-of-way. In the case of a lot abutting a limited access highway and having no right of direct access thereto, the line between the lot and such highway shall be considered to be a rear lot line, except that where the lot fronts on a street at the point where such street traverses the limited access high- way, the line between the lot and such highway shall be considered to be a side lot line.
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3.4 Land under Water
The boundary of each district shall include land under any lake, pond, or stream lying therein.
3.5 More Restrictive Districts
A district shall be deemed to be for restrictive than any district appearing below it in the list contained in Paragraph 2.1.
SECTION 4. GENERAL AND SPECIAL REQUIREMENTS
4.1 Compliance with By-Law
No land, building or premises, or part thereof, shall hereafter be used, and no building or part thereof, or other structure, shall be constructed, reconstructed, extended, enlarged, moved or altered except in con- formity with this by-law. No lot shall have an area, width, or a front, side or rear yard, less than that set forth in the applicable paragraph hereof, except as otherwise specifically provided in this by-law. No building or buildings shall occupy in the aggregate a great percent- age or lot area, nor be greater in height, than as set forth in the applicable paragraph hereof, except as otherwise specifically provided in this by-law.
4.2 Reduction of Lot Area or Dimensions
No lot shall be diminished, nor shall any yard, court, or any other open space be reduced except in conformity with this by-law.
4.3 Required Lot Width and Frontage
No building shall be built on any lot unless such lot has the required lot width, as defined in Paragraph 2.23, and has frontage of at least 50 feet on a public street or upon a street dedicated to public use which frontage shall be measured entirely on one street, provided however that a lot having not more than one single family dwelling thereon may be served by a private right of way not less than 25 feet in width.
4.4 Lots Lying in More than One District
In the case of lots lying in more than one district, the provisions of the less restrictive district may be applied for a distance of not over 25 feet into the more restrictive district, provided that such lot has frontage on a street in the less restrictive district.
4.5 Open Space Required for Each Building
Except as specifically provided herein, no part of any yard or other open space required about any building may be included as part of a yard or other open space required for any other building.
4.6 Projection into Open Spaces
Required front, side and rear yards shall be measured to the outer face of the exterior wall of the building, but architectural features such as sills, belt courses, cornices or eaves and uncovered steps may project into such yards.
4.7 Obstructions at Street Intersections
No fence, wall, hedge, shrubbery, or other obstruction to vision in excess of three feet in height shall be place or allowed to grow at street intersections within the area formed by a line joining points on each front lot line 20 feet from the intersection of the tangents of such streets.
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4.8 Lots on Narrow Streets
In the case of lots fronting on streets less than 40 feet in width in districts requiring lot areas of more than 20,000 square feet, the required front yard shall be increased by one-half the difference between 40 feet and the actual width of the street.
4.9 Lots Adjacent to a Railroad
In the case of that portion of a lot in a district other than a residence district, where contiguous to a railroad right-of-way, no side or rear yard shall be required.
4.10 Dwellings for More than One Family
The number of family dwelling units on any lot shall not exceed one for each unit of land area appearing under the heading: "Minimum Lot Area per Family Dwelling Unit" in the table applicable 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.
4.11 Density of Residential Use
In the case of buildings with human habitation, other than residences, the total number of sleeping accommodations 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.
4.12 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 Commercial District to a use lying in an Industrial District.
4.13 Accessory Buildings and Uses
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. 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.
4.14 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 distinct 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, penthouses, ventilators, 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.
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4.15 Existing Lots
Nothing in this by-law shall prevent the construction of a permitted building or the establishment of a permitted use on a lot which at the time of adoption of this by-law and continuously thereafter was owned separately from any adjoining lot, provided that if such lot is not served by public water it shall contain not less than 7,500 square feet, and provided further that 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 constructed on any such lot unless the lot area per family unit is equivalent to the applicable require- ment of this by-law.
4.16 Trailers
No corporation, person or persons, owners, lessees, or other person in control of a trailer, trailer coach, trailer coach parks, 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 5. SINGLE FAMILY RESIDENCE DISTRICTS
5.1 Uses Permitted
5.1.1 A one family dwelling.
5.1.2 A church or other religious purpose or an educational purpose which is religious, sectarian, denominational or public.
5.1.3 Agriculture, farming, forestry, truck or nursery gardening, in- cluding greenhouses and also including the sale of farm products raised on the land of the owner, provided that the front yard set-back is observed. No livestock or poultry may be kept on any lot of less than 3 acres, except that not more than 20 chickens or other poultry, or rabbits may be kept within a building or en- closure not less than 10 feet from a property line on any lot. 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.
5.1.4 A personal, professional or business office of the occupant of the premises located in the dwelling occupied by such person as his residence and employing not more than two persons who are not residents of the premises.
5.1.5 A customary incidental home occupation such as dressmaking, millinery, preparation of food products, watch repairing, televi- sion and radio repair, or similar service occupations carried on within a dwelling and exclusively by a resident of the premises, provided that such use is secondary to the use of the dwelling for residence purposes and does not change the residential character thereof, but excluding the sale of food or beverages for consump- tion on the premises except as permitted by Paragraph 5.1.6.
5.1.6 The letting of rooms or furnishing of board by the resident of the premises to not more than 6 persons.
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5.1.7 The following uses when specifically approved by the Board of Appeals as special exceptions and subject to such conditions 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 provisions for off-street parking and to other standards provided in this by-law:
5.1.7.1 Philanthropic or recreational use by a duly organized non- profit corporation or governmental unit, excluding cor- rectional institutions or institutions for the insane.
5.1.7.2 A town hall, town office building, firehouse, police station or other similar municipal building of the Town of Tewks- bury, but excluding a garage for storage of heavy equip- ment, repair shop, or incinerator.
5.1.7.3 A park, playground, forest or wildlife reservation oper- ated by a non-profit corporation or by a governmental unit.
5.1.7.4 A telephone exchange, radio or television transmission or relay station, transformer substation, sewer or water pumping station, 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 architecture and landscaping are in harmony with the character of the neighborhood.
5.1.7.5 A private school for pupils below high school grade, operated for profit.
5.1.7.6 A bona fide club or community house not operated for profit.
5.1.7.7 A cemetery owned by the Town of Tewksbury or by an ecclesiastical society or cemetery association located in the Town.
5.1.7.8 A privately operated nursing or convalescent home .
5.1.7.9 A golf course, whether operated by a club or commerially.
5.1.8 Accessory uses customarily incidental to a permitted use on the same lot, including buildings used for permitted home occupa- tions. Accessory buildings shall not be used for dwelling pur- poses, 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 premises. 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 agricul- tural or maintenance purposes on the premises.
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5.1.9 Signs not exceeding three square feet in area bearing the name and occupation of the occupant. Temporary signs not exceeding 6 square feet in 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.
5.2 Required Lot Area, Width, Yards, Coverage, Height
District
Min. Lot Area Sq. Ft.
Min. Lot Width Ft.
Front Yard Ft.
Side Yards ea. Ft.
Rear Yard Ft.
Max. Bildg. Coverage %
Max. Height Ft.
RS-1
1 acre
150
45
30
30
20%
35
RS-20
20,000
100
45
15
30
30%
35
SECTION 6. MULTIFAMILY RESIDENCE DISTRICTS
6.1 Uses Permitted
6.1.1 Any use permitted in a Single Family Residence District.
6.1.2 A dwelling for not more than four families, subject to the provi- sions of Paragraph 6.2, especially as to minimum lot area per family unit.
6.1.3 The Board of Appeals shall grant a permit as a special exception and subject to such conditions as said Board may establish for a dwelling or group of dwellings for more than four families, pro- vided that said Board shall have found that the proposed project complies with all of the provisions of this by-law, has adequate space and suitable soil for sewerage disposal as approved by the Board of Health provides for suitable facilities for safe vehicular and pedestrian access and for landscaping in keeping with the neighborhood. No building shall exceed a height of two stories and no space having its floor level below the finished grade out- side such space shall be used for dwelling purposes. The mini- mum distance between any two buildings on the same lot shall be not less than twice the height of the taller of such buildings, except that where the walls of such buildings facing each other contain no windows, the distance between them shall be not less than 20 feet. The entire area of the lot shall be suitably land- scaped and maintained and provision shall be made for adequate playground and other recreation space.
6.2 Required Lot Area, Width, Yards, Coverage, Height
District
Min. Lot Area Sq. Ft.
Min. Lot Area per Family Unit Sq. Ft.
Front Yard Ft.
Side Yds. ea. Ft.
Yard Ft.
Rear Max. Bldg. Max. Coverage Height Ft.
%
Min. Lot Width Ft.
RM-1
1 acre
10,000
45
30
30
20%
35
150
RM-20
20,000
10,000
45
15
30
30%
35
100
SECTION 7. COMMERCIAL DISTRICTS
7.1 Uses Permitted in CA Districts
7.1.1 Any use permitted in a Residence District, without the require- ment for approval of the Board of Appeals as provided in Paragraph 5.1.7.
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7.1.2 Business and professional offices and financial institutions.
7.1.3 Retail stores for sale of antiques, appliances, auto supplies, bev- erages including packaged alcoholic beverages, confectionery, food, furniture, gifts, hardware, horticultural products and suplies, household furnishings, jewelry, medical supplies, notions, office supplies, optical supplies, periodicals, photographic equipment, cases that no merchandise be displayed outdoors more than 10 feet from the wall of the building where sold.
7.1.4 Retail service establishments of a barber, caterer, clothes cleaner, cobbler, decorator, dressmaker, florist, furrier, hairdresser, photographer, tailor, upholsterer.
7.1.5 Radio or television studios.
7.1.6 Restaurants and other places serving food and non-alcoholic beverages.
7.1.7 Undertakers' establishments.
7.1.8 The following uses when specifically approved by the Board of Appeals as special exceptions and subject to such conditions as said Board may establish and provided that said Board finds that adequate provisions are to be made for sanitary sewerage and for the handling of traffic and other requirements of this by-law.
7.1.8.1 In connection with a retail business herein permitted the manufacture of articles to be sold on the premises, pro- vided that not more than four operatives are employed in such manufacture and that no objectionable noise, smoke, dust, odor, or vibration results therefrom.
7.1.8.2 Motels.
7.1.8.3 Bowling alleys and establishments for use of amusements, recreation or assembly.
7.1.8.4 Automobile service stations for the dispensing of fuel and lubricants and minor repairs only.
7.1.9 Accessory uses customary with, and incidental to, a permitted use, including private garages for the storage of motor vehicles as accessories to a permitted use only.
7.1.10 Signs pertaining only to a business on the same premises. No sign shall project more than 10 feet into a required front or side yard except with the approval of the Board of Appeals in accord- ance with the provisions of Section 12.
7.2 Uses Permitted in CB Districts
7.2.1 Any use permitted in a CA District.
7.2.2 Restaurants, including those serving alcoholic beverages.
7.2.3 Public garages; automobile, trailer, and farm equipment sales- room, outdoor sales areas and public parking areas.
7.2.4 Automobile or machinery repair shops, including welding and tire recapping, provided that all operations are carried on in a building.
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7.2.5 Newspaper plant or job printing establishments.
7.2.6 Public utlity buildings including storage yard or electric substation.
7.2.7 Plants for the processing and distribution of milk and edible dairy products, and for the bottling of beverages.
7.2.8 Theaters for indoor motion picture projection or dramatic or musical productions.
7.2.9 Research laboratories, provided that there is no manufacture or processing of material except as incidental to research and experi- ment, and provided further that no operation is carried on which creates any objectionable noise, smell, smoke, or fumes, or vibra- tion noticeable off the premises.
7.2.10 Accessory uses customary with, or accessory to, a permitted use.
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