USA > Massachusetts > Middlesex County > Westford > Town of Westford annual report 1952-1956 > Part 23
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PRELIMINARY REPORT of the ZONING BY-LAW COMMITTEE
For its preliminary report, the Zoning By-Law Committee recom- mends that the Proposed Zoning By-Law, on file with the Town Clerk, and Zoning Districts, as set forth on "Protective By-Law Map," also on file with the Town Clerk, together with the notations set forth on said map and annexed thereto be adopted by the Town with the following recommended changes:
Sections III, Paragraph 4, to be changed so as to read, "Farming (agricultural), which terms shall include raising of livestock and poultry incident thereto, dairy, nursery, garden or greenhouse, sell- ing primarily products or plants raised or produced on the prem- ises and excluding any use injurious, noxious or offensive to the neighborhood, but not excluding the use of fertilizer nor the growing of crops."
Section III, Paragraph 8, to be changed so as to read, "Soil, loam, sod, sand, or gravel removal, provided the use is not injurious, nox- ious or offensive to the neighborhood and provided that a permit is obtained from the Selectmen."
Section III, Sub-Paragraph 5, to be changed so as to read, "Storage of 3 commercial vehicles (except farm vehicles)."
Section III, Paragraph 10, to be changed so as to read, "Exceptions: Any of the following uses, provided the use is not injurious, noxious or offensive to the neighborhood and only if authorized by the Board of Appeals.
Commercial Piggery. Aviation Field. Fur Farm.
Cemetery.
Golf Club.
Hospital, Convalescent Home or Sanitarium.
Educational or Philanthropic. Institution.
Ice Harvest or Ice Storage.
Storage of Agricultural Products.
Conversion of a single family dwelling, in existence at the time of the adoption of this By-Law, to accommodate two families."
Section III, Paragraph 12 is stricken having been added to
Section III, Paragraph 10.
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Section VII, Paragraph 1, to be changed so as to read, "Lot size and frontage: In residence districts no building except a one-story building of accessory use shall be erected upon a lot having less than the following area and frontage:
Frontage
Area
Residence A District
150' 30,000 Sq. Ft.
Residence B District
100' 10,000 Sq. Ft.
Provided that one building and its accessory buildings may be erected on any lot which, at the time this By-Law is adopted, cannot be made to conform to the above requirements and provided further that in a Resi- dence A District one building and its accessory buildings may be erected on each lot of a plan of lots duly recorded in Middlesex North District Registry of Deeds, on or before March 12, 1955, if each of said lots meets the frontage and area requirements of a Residence B District."
Section VII, Paragraph 3, to be changed so as to read, "Side and Rear Yards: In a Residence A or B District no building except a one-story accessory building shall be built within 15 feet of a side lot line or within 30 feet of any rear lot line, or within 20 feet of another building on the same lot; and no one-story accessory building shall be built within 10 feet of a lot line in any case, provided that in a Residence B District a build- ing, accessory or otherwise, may be built up to 10 feet from any side lot line on any parcel of land individually owned on or before March 12, 1955 and which is shown on a plan recorded in Middlesex North District Registry of Deeds, on or before March 12, 1955 and which contains no more than 10,000 square feet in area and less than 100 feet in frontage." Section IX, Paragraph 2, to be changed so as to read, "Board of Ap- peals: Within 30 days after the adoption of this By-Law, the Board of Selectmen shall appoint a Board of Appeals of five members for terms of such length and so arranged that the term of one appointee will ex- pire each year, and two associate members appointed in like manner, which shall act on all matters within its jurisdiction under this By-Law in accordance with and in the manner prescribed in Chapter 40A of the General Laws, as amended, and subject always to the rule that it shall give due consideration to promoting the public health, safety, conven- ience, and welfare, encouraging the most appropriate use of land, and con- serving property value, that it shall permit no building or use injurious, noxious, offensive or detrimental to a neighborhood and that it shall prescribe appropriate conditions and safeguards in each case."
The rest of said paragraph numbered 2 to remain unchanged.
Changes in Industrial, Business and Residence A and B Districts are shown on an amended plan entitled, "Protective By-Law Map as amend- ed.”
and in the notations thereon and annexed thereto and on file with the Town Clerk.
The complete text of the Proposed By-Law with Proposed Amend- ments follows:
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PROPOSED PROTECTIVE BY-LAW of the TOWN OF WESTFORD
SECTION I
In order to promote the health, safety, convenience, morals and wel- fare of the inhabitants, and with a view to encouraging the most appro- priate use of land, the alteration, repair, height, area, location and use of buildings and the use of land is hereby regulated.
SECTION II
1. Classes of Districts: For the purposes of this By-Law, the Town of Westford is hereby divided into the following four classes of Dis- tricts.
1. Residence A
2. Residence B
3. Business
4. Industrial
Said districts are defined and bounded on "Protective By-Law Map" as amended, filed in the office of the Town Clerk, which with its nota- tions printed thereon and annexed thereto is hereby made a part of this By-Law.
SECTION III
Residential District Uses
In a Residence A or B district no building shall be erected or altered and no building or premises shall be used for any purpose except:
1. Detached one family dwelling.
2. Private club not conducted for profit.
3. Church and/or parish house and/or parish school.
4. Farming (agricultural), which terms shall include raising of livestock and poultry incident thereto, dairy, nursery, garden or greenhouse, selling primarily products or plants raised or produced on the premises and excluding any use injurious, noxious or offensive to the neighborhood but not excluding the use of fertilizer nor the growing of crops.
5. Building or premises for municipal use.
6. Telephone Exchange.
7. Commercial poultry farms, provided that the buildings housing the poultry be located not less than 200 feet from any street or way and not less than 100 feet from any adjoining property line.
8. Soil, loam, sod, sand, or gravel removal, provided the use is not injurious, noxious or offensive to the neighborhood and pro- vided that a permit is obtained from the Selectmen.
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9. Accessory use of the same lot with and customarily incident to any of the above permitted uses and not detrimental to a residential neighborhood. Any of the following uses shall be considered "accessory use":
1. The use of a room or rooms in a dwelling as an office or studio by a physician, dentist, lawyer, music teacher or sim- ilar professional person resident in the dwelling.
The use, by the resident of a room or rooms in a dwelling or in an accessory building for the pursuit of a home occu- pation, provided that no substantially continuous employ- ment is required and that there is no external evidence of occupation other than the permitted sign.
2. The renting of rooms to not more than five persons.
3. Furnishing table board to not more than five persons.
4. Garage for not more than 3 automobiles.
5. Storage of 3 commercial vehicles (except farm vehicles).
10 EXCEPTIONS: £
Any of the following uses, provided the use is not injurious, noxious or offensive to the neighborhood and only if authorized by the Board of Appeals:
Commercial Piggery.
Aviation Field.
Fur Farm.
Cemetery.
Golf Club.
Hospital, Convalescent Home or Sanitarium.
Educational or Philanthropic Institution.
Ice Harvest or Ice Storage.
Storage of Agricultural Products.
Conversion of a single family dwelling, in existence at the time of the adoption of this By-Law, to accommodate two families.
11. SIGNS:
1. Real Estate sign advertising rental, lease or sale of the prem- ises and not exceeding 12 sq. ft. in area.
2. Sign or bulletin board incidental to a permitted use and not exceeding 12 sq. ft. in area unless authorized by the Board of Appeals, and in no case to exceed 16 sq. ft. in area.
3. Sign advertising authorized accessory use and not exceeding 1 sq. ft.
SECTION IV Business District Uses
In a Business District no building shall be erected or altered and no building or premises shall be used for any purposes injurious, noxious or
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offensive to a neighborhood by reason of the emission of odor, fumes, dust, smoke, vibration or noise or other cause, nor for any purpose except:
1. Any use permitted in Residence A or B Districts.
2. Hotel or lodging house.
3. Filling station, garage or storage of automobiles, if authorized by the Board of Appeals.
4. Municipal use.
5. Newspaper or job printing.
6. Office or bank.
7. Trailer and/or overnight camps if authorized by the Board of Health and Board of Appeals.
8. Place of amusement or assembly.
9. Restaurant.
10. Retail business, service or public utility, not involving manu- facture on the premises except of products the major portion of which is to be sold on the premises to the consumer and fur- ther provided that not more than four operatives shall be em- ployed in such manufacture.
11. Signs advertising goods or services offered by an occupant of the premises for sale, for hire, or use.
SECTION V Industrial District Uses
In an Industrial District no building shall be erected or altered and no building or premises shall be used for any purpose injurious, noxious or offensive to a neighborhood by reason of the emission of odor, fumes, dust, smoke, vibrations, industrial waste, noise or other cause, nor from any purpose except:
1. All buildings and uses permitted in Sections III and IV.
2. Manufacturing, employing unobjectionable motive power, or utilizing hand labor or quiet machinery and processes if au- thorized by the Board of Appeals.
SECTION VI Non-Conforming Uses
1. Continuation of Non-Conforming Uses: Any lawful building or premises or part thereof existing at the time this By-Law or any amend- ment thereto is adopted may be continued although such building or use does not conform to the provisions thereof and such building or use may on the approval of the Board of Appeals be extended throughout such premises, provided such use has not been discontinued for a period of one year.
2. Change of Non-Conforming Uses: The Board of Appeals may permit any Non-Conforming Use to be changed to any specified use not more detrimental or objectionable to a neighborhood.
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3. Limitation on Restoration: No Non-Conforming building which has been damaged by fire or other cause to the extent of more than 80% of its market value as of time of damage shall be repaired or rebuilt except in conformity with this By-Law unless the Board of Appeals.so authorizes.
SECTION VII
Area Regulations
1. Lot size and frontage: In residence districts no building except a one-story building of accessory use shall be erected upon a lot having less than the following area and frontage:
Frontage
Residence A District Residence B District
150'
Area 30,000 Sq. Ft.
100' 10,000 Sq. Ft. provided that one building and its accessory buildings may be erected on any lot which, at the time this By-Law is adopted, cannot be made to con- form to the above requirements and provided further that in a Residence A District one building and accessory buildings may be erected on each lot of a plan of lots duly recorded in the Middlesex Registry of Deeds, North District, on or before March 12, 1955 if each of said lots meets the frontage and area requirements of a Residence B District.
2. Front Yards: In a Residence A or B District, no building or roadside stand shall be erected or placed within twenty-five feet of a street line. In a business or industrial district no building shall be erected within ten feet of a street line. In any district there shall be in front of every dwelling on a lot not abutting on a street, a yard not less than thirty feet deep.
3. Side and Rear Yards: In a Residence A or B District no building except a one-story accessory building shall be built within 15 feet of a side lot line or within 30 feet of a rear lot line, or within 20 feet of another building on the same lot; and no one-story accessory building shall be built within 10 feet of a lot line in any case; provided that in a Residence B District a building accessory or otherwise may be built up to 10' from any side lot line on any parcel of land individually owned on or before March 12, 1955 and which is shown on a plan recorded in the Middlesex Registry of Deeds, North District, on or before March 12, 1955 and which contains no more than 10,000 sq. ft. in area and less than 100' frontage.
In a business or Industrial District, no building shall be built within 10 feet of a lot line or within 20 feet of another building.
4. Corner Clearance: No wall, fence, structure, shrubbery or planting on a corner lot shall be maintained where it would obstruct the view of a driver approaching the street intersection.
5. Appurtenant Open Space: No yard, lot area, or other open space required for a building by this By-Law, shall during the existence of such building be occupied by or counted as open space for another building.
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6. Projections: Nothing herein shall prevent the projection of steps, eaves, cornices, window sills or belt courses into any required yard.
7. In a Business or Industrial District buildings erected for resi- dence purposes and their premises shall conform to the lot size, frontage, yard, and other regulations of this section applicable to the Residence B District.
SECTION VIII Height Regulations
1. Residence District Heights: In a Residence District no building shall be erected or altered to exceed two and one-half stories in height unless it sets back from each street and lot line ten feet in addition to the requirements of Section VII. No building shall exceed three stories in height.
2. Business and Industrial District Heights: In a Business District no building shall be erected or altered to exceed three stories in height. In an industrial district no building shall be erected or altered to exceed four stories in height, and no dwelling shall be erected or altered to exceed three stories in height.
3. Measurements of Height: A habitable basement having half or more of its height above ground, or an attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height four feet above the floor does not exceed two-thirds the floor area of the story immediately below it, shall be counted as a half story.
4. Height Exceptions: Chimneys, elevators, poles, spires, tanks, and other projections not used for human occupancy may extend above the height limits herein fixed.
SECTION IX Administration
1. Enforcement: This By-Law shall be enforced by the Selectmen. They shall issue no permit for the erection or alteration of any building, or part thereof, plans and specifications and intended use of which are not in all respects in conformity with the provisions of this By-Law. No building shall be erected, externally altered or changed in use without a permit from the Board of Selectmen, for which permit the Selectmen shall charge a fee to be determined by them. With each application for a per- mit to build there shall be filed a plan showing the lot and the location of the building thereon.
2. Board of Appeals: Within 30 days after the adoption of this By-Law, the Board of Selectmen shall appoint a Board of Appeals of five members for terms of such length and so arranged that the term of one appointee will expire each year, and two associate members appointed in like manner, which shall act on all matters within its jurisdiction under this By-Law in accordance with and in the manner prescribed in Chapter 40A of the General Laws, as amended, and subject always to the rule that
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it shall give due consideration to promoting the public health, safety, convenience, and welfare, encouraging the most appropriate use of land, and conserving property value, that it shall permit no building or use in- jurious, noxious, offensive or detrimental to a neighborhood and that it shall prescribe appropriate conditions and safeguards in each case.
In addition to appeals by aggrieved applicants for permits, provided for by Section 13 of Chapter 40A of the General Laws, appeals may be taken to the Board of Appeals by any officer or board of the town, or by any person aggrieved by any order or decision of the Selectmen in viola- tion of any provision of said Chapter 40A or any provision of this By- Law. Any such appeal shall be taken within thirty days after the date of the order or decision of the Selectmen appealed from, by filing with the Selectmen and the Board of Appeals a notice of appeal specifying the grounds thereof. The Board may approve or revoke the permit or affirm or reverse in whole or in part, or modify the permit, order, requirement, ruling or decision appealed from so that the same shall conform to the provisions of this By-Law.
3. Validity: The invalidity of any section or provision of this By- Law shall not invalidate any other section or provision hereof.
Respectfully submitted,
ZONING BY-LAW COMMITTEE TOWN OF WESTFORD
DENIS MAGUIRE, Chairman NORMAN K. NESMITH JOHN J. KAVANAGH CECIL J. UNWIN F. STANLEY SMITH
A True Copy Attest of "Preliminary Report of the Zoning By-Law Committee" filed with me, February 16, 1955.
CHARLES L. HILDRETH, Town Clerk.
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REPORT OF THE FINANCE COMMITTEE TOWN OF WESTFORD
Honorable Board of Selectmen Westford, Mass.
Dear Sirs:
The following is the report of the Finance Committee for 1954 with its recommendations to the Town for 1955.
During the year the following transfers were made from the Reserve Fund of $5,000, appropriated for the use of the Committee to meet emer- gencies causing overdrawn departmental budgets.
RESERVE FUND
Forest Fire Department
$ 500.00
Town Common
100.00
Aid to Dependent Children
850.00
Vocational Tuition
209.72
Temporary Aid
265.43
Town Clerk
7.84
$ 1,932.99
Unexpended Balance
3,067.01
$ 5,000.00
ESTIMATED TAX RATE
The voters will have to decide on how high they want the tax rate to go. If the voters grant all requests asked the tax rate will be $66. The Committee recommends the transfer of $20,000 from free cash on hand which would reduce the tax rate to $63. If, in addition, the voters follow the recommendations of the Committee on reducing requested budgets the tax rate can be $59, the same as last year.
Total Expenditure as Recommended $506,134.00
County, State and other charges 12,656.00
Overlay as estimated by Assessors 7,910.00
$526,800.00
Estimated Receipts including $20,000
transferred from free Cash Adjustments. 217,000.00
Net Expense $309,800.00
Tax Rate per $1,000 at Assessors Valuation $59.00.
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The assessed valuation is estimated at $5,197,500.00 Therefore each $1,000 of expenditures will increase the Tax Rate approximately 191/4 cents.
GENERAL RECOMMENDATIONS
The purpose of the Finance Committee is to study the budgets sub- mitted and to make recommendations that are in the best interest of the Town as a whole. Contrary to current opinion its action is not always to cut departmental budgets. In at least one case in the current budget discussions prior to final submission of budget resulted in an increase.
The Finance Committee believes that the Town is definitely going through a period when all appropriations must be scrutinized carefully by the voters and conserted action taken. We voted to build a new high school last year at an expense of over $900,000.00, the major portion of which will be paid for over the next 20 years with interest. The full im- pact of the payment for and maintenance of this school was not felt last year and will only partially be felt this year because the school will prob- ably not be occupied until next September. Within the near future an addition will be needed on the Nabnasset School. These facts alone warrant conservative appropriation and efficient management in all de- partments of the Town government.
Two departments are asking that the hourly rate of pay be increased this year to $1.50 per hour. Your committee feels that if this is granted it will just be the beginning of another round of wage increases in other departments. This rate would be out of line with the rate paid by indus- try in Town. The voters should appreciate this when voting. Except for full time jobs it is well to remember that many citizens must give freely of their time and interest solely for the benefit of the Town. Others at this same time should not use Town positions just as money making jobs.
It is still believed as suggested last year that before any changes are made in administration or salary or wage schedules that a special com- mittee should study each department as to services rendered, its relation or correlation with other departments and make recommendations that may bring about more efficient management and a saving to the tax- payer.
DEPARTMENTAL BUDGETS
A series of meetings were held with the various departments and savings discussed. Adjustments were made whenever possible, some ap- propriations are mandatory regardless of amounts. Some departments are very conservative in their requests while others seem continually to be enlarging their budget requests.
SCHOOLS. The School Committee turned back an unexpended bal- ance of $13,881 from last year's appropriation largely because of the postponed opening of the new building. An increase is asked of $17,160,
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over last year's budget or an increase of $31,041 over actual expenditures. This does not include payments on the principal and interest on new building but is due to such increased costs as more teachers, increased requirements for transportation, janitor service, ground care, mainte- nance and a broader school curriculum.
TOWN ROADS. The total of all money spent from State, County and Town appropriations on the Town roads in 1954 was $85,394, of which the Town's share was $59,209. Of this amount $38,199 was spent on wages.
Regarding new equipment the Finance Committee feels that the heavy trucks now in use should be kept in operation over a larger period of time, due to the low mileage required each year and the shovel requested could not be used to enough advantage to warrant its cost.
ASSESSORS. In 1954 the Assessors budgeted and the amount spent was $3,429.00, of which $2,947.07 was for salaries. This year's salary budget came to $2,950. But due to a tax board appeal case, State evalu- ation report and a new typewriter the total budget is $4,091, an increase of $662.00 over last year.
FIRE DEPARTMENTS. This year the budget for the Fire Depart- ment and Forest Fire Department are combined. The total expenditure for 1954 was $20,322 which included a new fire truck at a cost of $4,499.00. The budget asked this year is $19,190. The request for establishment of a fire station at Nabnasset calling for the transfer of a truck from West- ford Center accounting for approximately $4,000 of the budget due to rent, new equipment, alteration to truck and wages is approved by the Finance Committee.
Until a study can be made of the entire Town administration it is not recommended that a change be made in any one department. There- fore the Finance Committee does not recommend abolishing the Fire En- gineers and establishing the position of Fire Chief, at this time as sug- gested in Article 48.
POLICE DEPARTMENT. The total expenditures for 1954 was $14,081 with the salary of the Chief at $4,160 and an assistant at $3,900, with wages for Special Officers totaling $2,630. The total amount asked this year is $15,099, which includes $699 in a special article for a new police cruiser. $3,400 is asked for Special Police compared with the $2,630.00 spent last year. The Finance Committee recommends $3,000.00 for Special Police and approves the car exchange.
CIVILIAN DEFENSE. To date no reimbursement has been received from the State for Civilian Defense. The Finance Committee feels that the special article calling for $1,200 for a generator for the Town Hall and $365.00 for a teletypewriter cannot be recommended. It is recom-
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mended that an appropriation of $100 for the maintenance of the civilian defense office be made.
TREE WARDEN AND MOTH DEPARTMENT. The two trucks now in use by the Tree Warden and the Moth Department are really obso- lete equipment and a hazard to the Town. It is recommended that a new truck be purchased to replace the old Trucks. It is also recom- mended that a new sprayer or blower be purchased mounted on skids to replace the old sprayer.
SPECIAL ARTICLES
ARTICLE 4. Approved by Finance Committee.
ARTICLE 5. The Finance Committee recommends the appropri- ation of $100.00 to defray the expenses of the Planning Board.
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