USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1963-1967 > Part 19
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7.2.11 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 installed only with the approval of the Board of Appeals.
7.3 Required Lot Area, Width, Yards, Coverage, Height
District
Min. Lot Area sq. ft.
Min. Lot Width ft.
Min. Lot Area per Fam. Unit sq. ft.
Front Yard ft.
Side Yds. ea. ft.
Rear Yard ft.
Bidg. Cov. %
Ht. ft.
CA-20
20,000
100
15,000
75
20
30
15
30
CB-20
7.4 Location of Automobiles Services
No portion of a commercial garage, automobile repair shop, greasing stations, storage battery service station, or any of their appurte- nances 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 50 feet of any residence district. No such premises shall have any driveway entrance or exit for motor vehicles within 200 feet of the property used by any public or private school, public library, church, playground or institution for the aged, sick or dependent, or for children under 16 years of age. Hereafter every filling pump and appurtenance shall be located not less than 15 feet inside the lot and no filling shall be done except to cars standing on property of said station.
7.5 Treatment at Street Line
In all CA and CB Districts a continuous strip not less than 3 feet wide shall be maintained between the street line and the balance of the lot, which strip, together with any space between the street line and the highway paving where not occupied by a sidewalk, shall be suitably landscaped and kept in good appearance. Such strip may be traversed by not more than two driveways, each not less than 30 nor more than 40 feet in width, measured at and parallel to the street line, except that there may be one additional driveway for each 200 feet by which the frontage of the lot exceeds 300 feet.
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SECTION 8. INDUSTRIAL DISTRICTS
8.1 Uses Permitted in Industrial Districts
8.1.1 Any use permitted in any previous district except the sale at retail of alcoholic beverages.
8.1.2 Retail lumber, fuel, and building material yards, and contractor's equipment storage, provided that tanks for oil storage above ground do not exceed 10,000 gallons' capacity.
8.1.3 Electronic industries, assembling of electrical appliances and equipment, including manufacture of small parts.
8.1.4 Research laboratories including manufacture of equipment neces- sary for required research.
8.1.5 Food processing such as a bakery, but excluding the milling of grain or the rendering of fats and oils.
8.1.6 The manufacture, compounding, processing, packaging or treat- ment of beverages, candy, cosmetics, pharmaceuticals, or drugs. The manufacture and processing of compressed gases in liquid, gaseous and solid form.
8.1.7 Manufacture of ceramic products, vitreous, ware, pottery and porcelain from previously pulverized clay and using kilns fired by electricity or other odorless, smokeless fuel.
8.1.8 Manufacture of jewelry, toys, sporting goods, musical instru- ments, etc.
8.1.9 Machine shop and manufacture of hardware, but excluding the use of drop hammers or punch presses of over 10 tons' rated capacity.
8.1.10 The fabrication and installation of glass and glass products.
8.1.11 The manufacture of clocks or watches, or scientific, optical, or precision instruments.
8.1.12 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.
8.1.13 Publishing, printing, or bookbinding.
8.1.14 Stone or monument works.
8.1.15 Woodworking or upholstery shops.
8.1.16 Storage warehouses and motor truck terminals.
8.1.17 Accessory uses customarily incidental to a permitted use.
8.1.18 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 installed only with the approval of the Board of Appeals.
8.2 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.
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8.3 Prohibited Uses
Except as provided in Paragraph 8.2, all uses not specifically permitted are prohibited. Prohibited uses shall include, but not be limited to, the following:
8.3.1 Garbage and refuse incineration or disposal otherwise of material not originating on the premises, except by the Town of Tewks- bury.
8.3.2 Distillation of bones, rendering of fat or reduction of animal matter.
8.3.3 Manufacture of glue.
8.3.4 Oil refining.
8.3.5 The bulk storage of petroleum products.
8.3.6 Foundries, manufacture of large machine parts, metal working.
8.3.7 Tanneries.
8.3.8 Manufacture of cement products and cement mixing.
8.3.9 Processing, storage and distribution of asphalt products.
8.3.10 The sorting, baling and storage of waste paper, rags or junk, or the dismantling of motor vehicles.
8.3.11 Slaughterhouses.
8.3.12 Sand, gravel and stone processing plants.
8.4 Required Lot Area, Width, Yards, Coverage, Height
District
Min. Lot Area sq. ft.
Min. Lot Width ft.
Min. Lot Area per Fam. Unit sq. ft.
Front Yard ft.
Side Yards Each ft.
Rear Yard ft.
Bldg. Cov. %
Ht. ft.
Industrial
one acre
150
30,000
75
30
30
20
4
8.5 Special Regulations
8.5.1 In any Industrial District the required front yard shall be suit- ably landscaped and shall not be used for parking, storage, or other purposes inconsistent with the landscaped effect.
8.5.2 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.
8.5.3 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 any use prohibited in such adjacent Residence District.
SECTION 9. OFF-STREET PARKING AND LOADING
9.1 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 accommodate the motor and other vehicles of all occupants, employees, customers and other persons normally visiting the premises at any one time.
9.2 Required Minimum Area
Unless parking facilities are otherwise specifically approved by the Board of Appeals, they shall contain not less than the following mini-
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mum areas, exclusive of driveways necessary for access. Except as otherwise provided, rooftop, garage, or indoor parking, excluding ramps, may be included in the required area.
9.2.1 For dwellings, 250 square feet for each family unit.
9.2.2 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.
9.2.3 For theaters and assembly halls having fixed seats, 250 square feet for every four seats.
9.2.4 For other places of public assembly or public recreation, 250 square feet for every four legal occupants, including employees.
9.2.5 For industrial plants, wholesale establishments, and similar buildings, 250 square feet for every three persons normally employed.
9.2.6 For hotels, boarding and lodging houses and tourist establish- ments, and similar buildings, 250 square feet for every two guests accommodated on the premises and 250 square feet for every three persons normally employed on the premises.
9.3 Truck Loading Space
In the case of hospitals, institutions, hotels, retail, wholesale and in- dustrial buildings, space shall be provided for loading and unloading of 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 area thereof in excess of 30,000 square feet.
SECTION 10. NON-CONFORMING BUILDINGS AND USES
10.1 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 there- to, may be continued, and 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 subject to the following regulations.
10.1.1 No non-conforming use may be changed except to a conforming 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.
10.1.2 No non-conforming use shall, if once changed into a conforming use, be changed back again into a non-conforming use.
10.1.3 No non-conforming use shall be extended or expanded except with the approval of the Board of Appeals.
10.1.4 No non-conforming use which has been abandoned for a period of one year shall be thereafter resumed.
10.2 Change of Plans
Nothing in this section shall require any change in the plans, con- struction or designated use of a building, a permit for the construction of which shall have been granted prior to the effective date of this by-law, or any pertinent amendment thereto.
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10.3 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 coverage, and required yards and parking facilities shall be enlarged unless such enlarged portion conforms to the by-law regard- ing the foregoing building and lot requirements applying to the district in which it is located and unless the use is governed by Paragraph 10.1.3.
10.4 Reconstruction after Damage
Nothing in this by-law shall prevent the reconstruction within one year of a building damaged by fire, accident, the act of God, or of the public enemy to its condition prior to such damage, nor prevent the restora- tion of a wall or structural member.
SECTION 11. ADMINISTRATION AND ENFORCEMENT
11.1 Enforcement
11.1.1 This by-law shall be enforced by the Building Inspector, ap- pointed 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 con- structed 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. When- ever such permit or license is refused because of some provi- sions of this by-law, the reason therefor shall be clearly stated in writing.
11.1.2 Applications for permits shall be accompanied by a plan of the lot proposed to be built upon in duplicate, drawn to scale, showing the actual dimensions of the lot and the exact location and size of the buildings already upon the lot and of the build- ing or structure to be erected, together with the streets and alleys on the land adjacent to the lot. A record of such applica- tion and plans shall be kept on file in the office of the Building Inspector.
11.1.3 The Building Inspector, with the approval of the Selectmen may, and if required by it shall, institute appropriate legal proceeding to enforce this by-law and to restrain by injunction any violation thereof.
SECTION 12. BOARD OF APPEALS
12.1 The Board of Appeals shall be the existing Board of Appeals as ap- pointed 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.
12.2 Any person aggrieved by the refusal of the Building Inspector to issue a permit or license on the grounds of non-compliance with the zoning by-law may appeal to the Board of Appeals as provided in Chapter 40A of the General Laws.
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12.3 Any person or persons desiring to obtain the permission of the Board of Appeals for any purpose for which such permission is required under the provisions of this by-law shall make application in writing therefor to the Board of Appeals which shall, within a reasonable time, hold a public hearing thereon, in accordance with the requirements of Chapter 40A of the General Laws.
12.4 The Board of Appeals shall have the powers and duties set forth in Chapter 40A, Section 15, paragraphs 1, 2, and 3, as follows:
(1) To hear and decide appeals to said Board taken by any person aggrieved by reason of his inability to obtain a permit from any administrative official under the provisions of Chapter 40A of the General Laws, or by any officer or board of the Town of Tewksbury or by any person aggrieved by any order or decision of the Inspector of Buildings or other administrative official in violation of any provision of said Chapter 40A or of this by-law.
(2) To hear and decide applications for special permits for exceptions as provided in this by-law upon which such board is required to pass.
(3) To authorize upon appeal, or upon petition in cases where a parti- cular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon a variance from the terms of this by-law where, owing to conditions especially affecting such parcel or such building but not affecting generally the zoning district in which it is located, a literal en- forcement of the provisions of this by-law would involve substan- tial hardship, financial or otherwise to the appellant, and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such by-law, but not otherwise.
12.5 The Board of Appeals shall consider each case at a public hearing as prescribed in Paragraph 12.4 of this section. If the Board determines by concurring vote of all its members that the proposed variation relating to the use, construction or alteration of a building or the use of land, can be granted without imparing the general purpose and intent of this by-law, then the Board shall adopt a motion embodying their finding in the above mentioned specific points and shall direct the issuance of a permit which the Building Inspector shall issue twenty days after the decision of the Board of Appeals shall have been filed with the Town Clerk.
12.6 Any person aggrieved by a decision of the Board of Appeals, whether or not previously a party to the proceedings, or any municipal officer or board, may appeal to the superior court sitting in equity, provided that such appeal is filed in said court within twenty days after such decision is recorded in the Town Clerks Office, in accordance with the provisions of Chapter 40A, Section 21 of the General Laws as amended.
SECTION 13. AMENDMENTS, VALIDITY
13.1 This by-law and boundaries of zoning districts established hereunder may from time to time be amended or changed in accordance with Chapter 40A of the General Laws, as amended. Sections 2, 3, and 6.
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13.2 If any section, paragraph, subdivision, clause, or provision of this by- law shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, sub-division, clause, or provision so adjudged, and the remainder of this by-law shall be deemed valid and effective. -The Planning Board
VOTED: To indefinitely postpone Article 105 as amended and that Article 105 be referred back to the Planning Board with the following instruc- tions:
a. The proposed revision to the Zoning Laws is to be thoroughly reconsidered and is not to be resubmitted until a series of informal hearings are held for the purpose of determining the desires of the public in any proposed changes.
b. The proposed Planning Board Sub-division Regulations prepared in 1958 should be formally adopted by the Planning Board and placed into effect not later than sixty days after the adjournment of the 1964 annual meeting.
The foregoing vote, moved by Mr. Whalen, was declared carried by the Moderator on voice majority. Three amendments were so carried by the assembly:
1. To add to paragraph 4:16 the following as moved by the Plan- ning Board:
This shall not apply to travel trailers, tent trailers, boat trailers or utility trailers - all of which shall not exceed 8 feet in width nor 24 feet over all in length and not be occupied for human habitation within the confines of the town.
2. Amend to read 2000 feet along Whittemore Street and then along the lines of the Charles A. Doucette property and this to remain Industrial as on the original Plan. This amendment was moved by Mr. Walter Doucette.
3. To delete Section 6 in its entirety as motioned by the Planning Board.
Notice of reconsideration of the vote was received. (3-30-64 at 12:25 A. M.)
Move by Mr. Chester Sullivan, Planning Board, for reconsideration of
Article 105 was refused by the assembly 203 to 74 in a rising vote. The 2/3 required stood at 185 affirmative votes. (4-8-64 at 8:30 P. M.) Subsequent to vote on Article 105 and a five minute recess, Mr. Kevin Sullivan questioned the quorum. It was not present and the meeting at 12:38 A. M. was adjourned to Thursday, April 2nd at 8:00 P. M. The adjourned meeting was posted in compliance with law.
THURSDAY, APRIL 2, 1964
Called to order at 8:00 P. M. the meeting was recessed four times for lack of quorum. At 9:20 P. M. with but 274 present it was moved and voted to adjourn to Wednesday, April 8th at 8:00 P. M. Motion to adjourn sine die was lost. The adjourned session was properly posted.
WEDNESDAY, APRIL 8, 1964
Called to order at 8:00 P. M. the meeting was recessed and reconvened at 8:25 P. M. with 343 present.
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The assembly stood for a minute of silence in tribute to Mr. Melvin G. Rogers at the conclusion of Moderator John A. Morrissey's memoriam: "It is with deep sorrow that I announce the passing of the third oldest native of our town, Mr. Melvin G. Rogers. Mr. Rogers was born in the old family homestead on Whipple Road, April 14, 1882; he served this Town as its Moderator for some 40 years; has donated land to the Town to be used as playground for the children; his council has been listened to and respected by the young and the old of this Town over the years. Mr. Rogers may have passed on, but, his accomplishments in this town will always be a lasting memory."
The first order of business was the reconsideration of Article 105 as recorded above.
ARTICLE 106. SIGN BY-LAW OF THE TOWN OF TEWKSBURY.
ARTICLE I
Purpose
Pursuant to the authority conferred upon the town by General Laws Chapter 93, Section 29, and Chapter 143, Section 3, and all acts in amend- ment thereof and in addition thereto and by every other law or power it hereto in any manner enabling, the Town of Tewksbury adopts this By-Law, which shall be known as the Sign By-Law, for the regulation and restriction of billboards, signs and other advertising devices within the Town.
ARTICLE II Definitions
For the purpose of this By-Law, the following words and terms used herein are hereby defined or the meaning thereof is explained or limited:
Accessory Sign: Any billboard, sign or other advertising device that advertises, calls attention to, or indicates the person occupying the premises on which the sign is erected or the business transacted thereon, or advertises the property itself or any part thereof as for sale or to let, and which contains no other advertising matter.
Board of Appeals: The Board of Appeals established or operating in the Town of Tewksbury under the Zoning Enabling Act, or any amendment thereof, or addition thereto.
Building Inspector: The Building Inspector appointed under the pro- visions of the Building By-Law of the Town of Tewksbury as now or here- after in force and effect.
Business Area: Any area included within a district zoned primarily for business or commercial purposes under the Zoning By-Law. It does not include any area within a district zoned for residential purposes under said Zoning By-Law, as hereinafter defined regardless of whether the area is being lawfully used or is available for such use through a special permit or a variance granted by the Board of Appeals or through a non-conforming use or by any other means.
Erected: The word "erected" shall include the words attached, built, constructed, reconstructed, altered, enlarged and moved,
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Non-Accessory Sign: Any billboard, sign or other advertising device that does not come within the foregoing definition of an accessory sign.
Parking Area: A public parking area or a private parking area that is open to parking of motor vehicles by customers of the store.
Person: The word "person" shall include one or more individuals, a partnership, an association and a corporation.
Residential Area: A residential area is any area situated within a district zoned primarily for residential purposes under the Zoning By-Law. It includes RS-1 and RS-20 districts, RM-1 and RM-20 districts, and CA-20 and CB-20 districts.
Sign: The word "sign" shall include any letter, word, symbol, drawing, picture, design, device, article and object that advertises, calls attention to or indicates any premises, person or activity, whatever the nature of the material and manner of composition or construction.
Size: In applying the maximum height and width limitations pres- cribed in this By-Law for signs any intermediary removable surface to which the sign is affixed shall be deemed a part of the sign.
Standing Sign: The term "standing sign" shall include any and every sign erected on or affixed to the land and any and every exterior sign that is not attached to a building.
Store: A "store" shall include any establishment, office or place of business.
Street: Any public way or a private way that is legally open to public use.
Zoning By-Law: The Zoning By-Law of the Town of Tewksbury as from time to time in force and effect.
ARTICLE III Regulations and Restrictions
Section 1. Residential Areas.
A. Accessory Signs.
1. No accessory sign shall be erected or maintained on any premises in connection with a use permitted in a residential area by the Zoning By-Law, except such accessory sign as may be permitted by the Zoning By-Law.
2. Accessory signs on premises lawfully being use for business or com- mercial purposes under a valid non-conforming use or under a permit or a variance granted by the Board of Appeals must comply with the provisions of the Zoning By-Law as to the accessory signs in the and districts provided that there may be more or larger accessory signs with specific permission of the Board of Appeals.
3. Accessory signs on premises in districts being used as a hotel or as garden apartments shall be limited to one sign not exceeding (12) square feet in area, provided that there may be more or larger accessory signs with specific permission from the Board of Appeals.
B. Non-Accessory Signs.
No non-accessory sign shall be erected or maintained in a residential area.
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Section 2. Business Areas.
A. Accessory Signs.
1. In business areas accessory signs that comply with the provisions herinafter set forth are permitted. All other accessory signs are expressly prohibited.
a. Location. The sign shall be affixed to a building, except as herein- after provided. A sign attached to a building shall be securely affixed to one of the walls or a roof of the building. If affixed to a wall, it shall be parallel with and not project more than twelve (12) inches from the face of such wall and shall not project beyond the face of any other wall of the building. If affixed to the roof, it shall be parallel with the front wall of the store and shall not project beyond the face of any wall of the building. No sign, whether affixed to a wall or roof of a building, shall project above the highest line of the main roof of the building, provided however, that if the sign is attached to a wall having a parapet extending above the highest line of such roof, then the sign may reach but may not project above the top of the parapet wall.
b. Size. A sign shall not be more than three (3) feet over-all in height. A sign on the exterior wall of the first floor of a building may extend across the full width of the store wall, unless the store occupies the entire first floor of a detached building in which event the sign may extend across not more than thre-fourths (3/4) of the width of the wall. The width of signs of stores occupying other than than the first floor of a building shall not exceed three (3) feet.
c. Number. There shall not be more than one exterior sign for each store, except that if the store has a direct entrance into the store in a wall other than the store front, there may be a secondary sign affixed to such wall, and if the store has a wall, other than the store front, that faces upon a street or parking area, there may be a sign affixed to such wall, whether or not such wall contains an entrance to the store; provided however, that no store shall have more than two signs in any event. The width of the secondary sign or signs shall not exceed fifty percent (50%) of the maximum permissible width of the sign on the store front. In addition to the foregoing sign or signs, there may be one directory of the occupants or tenants of the building affixed to the exterior wall of the building at each entrance to the building. Such directory shall not exceed an area determined on the basis of one (1) square foot for each occupant or tenant of the building.
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