USA > Massachusetts > Middlesex County > Wilmington > Town of Wilmington Annual Report 1954-1955 > Part 15
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Article 6. To see if the Town will vote to request the Board of Selectmen to petition the Legislature to amend Chapter 592 of the Acts of 1950 pertaining to the Town Manager form of Government for the Town of Wilmington by striking out of Section 12, Paragraph 1, as follows:
'The Town Manager may with the approval of the Board of Selectmen transfer the appropriation of one Department, Commission, Board of Office in whole or in part to any other.'
On a motion by Mr. Stanley Webber it was voted to amend by changing as follows:
'The Town Manager may with the approval of the Board of Selectmen and the written approval of the Finance Committee, transfer the appropriation of one Department, Commission, Board of Office in whole or in part to any other. '
Finance Committee approved the motion as read. On a question by Mr. Harold Melzar, Mr. Buzzell, Town Counsel, said that he believed the motion to be in proper form. The motion was voted unanimously.
Article 7. To see if the Town will vote to authorize either the Board of Water Commissioners or the Board of Selectmen to take an easement for the purpose of making a water extension upon land adjoining a portion of West Street according to and as described in a plan entitled: 'Proposed Water Eastment, West Street, ' dated November, 1955 prepared by George Winters, Town Engineer and filed in the office of the Town Clerk, and to see how much money the Town will appropriate for said purpose, and to determine how such appropriation shall be raised, whether by borrowing, transfer or otherwise, or do anything in relation thereto.
On a motion by Mr. Charles H. Black it was voted to authorize the Board of Water Commissioners to take an easement for the purpose of making a water extension upon land adjoining a portion of West Street according to and as described in a plan entitled "Proposed Water Easement, West Street, dated Nov. 1955 and prepared by George Winters, Town Engineer and filed in the office of the Town Clerk; and that the Town appropriate the sum of One Hundred Dollars ($100. 00) for any land damages resulting from said taking; and that the Town appropriate the sum of Six Thousand Two Hundred Thirty-eight Dollars and Six Cents ($6, 238. 06) for the purpose of constructing and installing said water extension; and to cover said appropriations that the town transfer the sum of Three Thousand Three Hundred Thirty-eight Dollars ($3, 338. 06) from the balance of the 1954 Water Extension appropriation and that the Town transfer the sum of Three Thousand Dollars ($3, 000. 00) from the Reconstruction of West Street Account. The Finance Committee approved the Article as read. It was voted unanimously.
Article 8. To see if the Town will vote to amend the existing Zoning By-Law and Zoning Map of the Town by striking out said By-Law and said Map in their entirety and substituting therefore the provisions and the map entitled 'Town of Wilmington, Zoning District Map' dated November 1955, signed by the Planning
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Board and filed in the office of the Building Inspector, copies of which are appended hereto, or do anything in relation thereto.
The report of the Planning Board was read by Mr. Woller.
The Finance Committee approved the zoning as given in the Warrant and the report and a letter from Mr. H. Barrows urging the acceptance of the Zoning By-Laws were read by Mr. Curtin.
On a motion by Mr. John Ritchie it was moved that the town vote to amend the existing Zoning By-Law and Zoning Map of the Town by striking out said By-Law and said Map in their entirety and substituting therefor the provisions and the map entitled 'Town of Wilmington, Zoning District Map' dated November, 1955, signed by the Planning Board and filed in the office of the Building Inspector. The following additions and amendments were voted.
Section III USE REGULATIONS III- 1
A provided that there is no sale of such items on the premises' eliminated
1
Sale of such items is limited to those as are produced on the premises. ' added
III-4 USES IN INDUSTRIAL DISTRICTS
B 4 voted to be designated as item 5 and the following be inserted as a new item 4. "Indoor breeding laboratory for medical or scientific research. "
V-3 LOT FRONTAGE, WIDTH, AND AREA
B voted to insert the words 'shown on a plan on record on the effective date of this by-law' between the words 'lot' and 'having' in the first line, and to eliminate the words 'that there was at the time of the effective date of this by-law no conforming lot under the same ownership available for use and further provided'
a. voted to eliminate the words 'and did not adjoin other land of the same owner available for use in this connection'
VII-2 DUMPING AND FILLING
Voted to strike out the second and third sentences and substitute the following .
'The Board of Appeals shall grant no such authorization for any use covered by the provisions of Section 150A of Chapter 111 of the General Laws as inserted by Chapter 310 of the Acts of 1955 with the respect to any site, unless such place has been assigned by the Board of Health for such use in accordance with the provisions of such section. '
On a motion by Mr. John Elia it was voted to change from SRA to NB the Northeast corner of Lowell and West Streets, 125' on West running back approximately 350' then parallel to West Street 140' to Lowell Street and back approximately 350' to West Street. A rising vote was taken. Yes - 132, No - 86.
On a motion by Mr. Paul Godzyk it was voted unanimously to extend the GB district on Main Street to with- in 150' of Parker Street, the same distance, 250' back from Main Street, from SRB.
A rising vote was taken on the complete map and by-laws as amended. Yes - 219, No - 9.
A true copy. Attest: (Mrs. ) Mary E. Gilligan Town Clerk
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ZONING BY-LAW TOWN OF WILMINGTON
IGTON
SECTION I. INTENT, PURPOSE, AND METHOD
I.1. INTENT AND PURPOSE
This by-law is intended to promote the health. safety, morals, convenience, and general welfare of its inhabitants, to lessen the danger from fire and congestion, to improve and beautify the town, and to accomplish all other purposes of zoning.
I-2 ESTABLISHMENT AND LOCATION OF DISTRICTS
A. For the purpose of this by-law, the Town of Wil- mington is hereby divided into the following Dis- tricts:
1. Rural Districts €
R)
2. Single-Residence - A Districts (SRA)
3. Single-Residence - B Districts (SRB)
4. Neighborhood Business Districts ( NB)
5. General Business Districts ( GB) (IND)
6. Industrial Districts
B. No premises or part thereof shall hereafter be used and no building or structure erected, con- structed or materially altered or enlarged except in conformity with the regulations of this by-law Any use not specifically listed or otherwise per- mitted in a District herein shall be deemed as pro- hibited.
C. Said Districts are shown, defined, and bounded on a map entitled: "Town of Wilmington, Zoning Dis- trict Map", dated November, 1955, signed by the Planning Board, and filed in the office of the Build- ing Inspector. Said map and all explanatory matter thereon are hereby made a part of this by-law.
D. The location of boundary lines of Districts shown upon the Zoning map shall be determined as follows:
1. Where a boundary is shown as following a street, railroad, or utility, the boundary shall be the center line thereof unless otherwise indicated.
2. Where a boundary is shown outside of a street, railroad, or utility and approximately parallel thereto, it shall be deemed parallel to the nearest line thereof, and the figure placed on the zoning map between the bound- ary and such line shall be the distance in feet between them, as measured at a right angle from such line unless otherwise indicated.
3. Where a boundary is shown as following a water course, the boundary shall coincide with the center line thereof as said line existed at the date of the zoning map.
4. In a case not covered by the other provisions of this Section I-2D, the location of a bound- ary line shall be determined by the Building Inspector in accordance with the distance in feet from other lines as given or from the Scale of the map.
I-3. LOTS IN MORE THAN ONE DISTRICT
Where a District boundary line divides a lot, the regulations applicable to the less restricted portion of such lot may extend not more than thirty (30) feet into the more restricted portion, provided only that such lot has the required minimum frontage on a street in the less restricted portion for the existing or intended use of the premises.
SECTION II. DEFINITIONS
The following words used in this by-law shall have the following meanings, unless a different meaning
is required by the text or specifically prescribed.
1. Accessory Use. A subordinate use of a prin- cipal building, structure, or use of land that is customary and clearly incidental to such building, structure, or use of land, held in the same ownership, and located on the same lot thereof or in such a manner as to be capable of joint operation.
2. Dwelling. Any building or part thereof erect- ed for occupancy as a place of continuous residence for an individual or a family, or de signed for such occupancy, on a site intended as the permanent location of such building. This definition does not include a trailer, however mounted.
3. Farm. An establishment in which the princi- pal or predominant use, apart from resi- dential use, constitutes the raising, grow- ing, or production, in any combination, for business or commercial purposes, of the fol- lowing products:
a. crops, fruit, honey, or maple products b. poultry, eggs, or dairy or meat pro- ducts that may require the keeping of cattle, goats, poultry, or other live- stock.
This definition does not include a piggery. or an establishment in which the principal or predominant use, apart from residential use, constitutes processing or distributing farm farm products apart from their production. or the raising of fur animals, or the raising of livestock for purposes dissociated from the uses specifically permitted in this para- graph.
4. First floor. The ground floor of a building or structure, provided that the floor level thereof is not more than four (4) feet be- low the mean level of the lot occupied or to to be occupied by such building or structure.
5. Lot. A single or continuous parcel of land, held in the same ownership throughout.
6. Trailer. A structure originally designed as a vehicle to be used in whole or in part from human habitation.
7. Trailer Park. An area of land in which is located one or more trailers used for human habitation.
SECTION III. USE REGULATIONS
III-1. USES IN RURAL, SINGLE-RESIDENCE . A, AND SINGLE - RESIDNCE - B DISTRICTS
A. In a Rural District, and in a Single-Residence - A, or Single-Residence - B District, the following uses are hereby permitted :
1. One family detached dwelling.
2. Church or other place of worship, parish house, rectory, or convent.
3. Religious, sectarian, or denominational edu- cational use.
4. Public educational institution or establish- ment, provided that no play area is located within the required front or side yard.
5. Public library, museum, or art gallery.
6. Public recreational use, provided that no play or picnic area is located within the re- quired front or side yard.
7. Use of a public water supply agency.
8. A farm, subject to regulations of the Board of Health, on a lot having a minimum of three (3) acres, provided that any perman- ent structure used for display or sale of farm products shall not be within the front yard required in the district in which such struc. ture is located.
9. Accessory uses as listed herein:
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a. In connection with a dwelling, private garage for not more than three auto- mobiles. In connection with other uses hereinbefore listed, garage not to ex. ceed ten (10 ) per cent of the lot area and parking space.
b. Non-commerical keeping of animals, livestock, and poultry for personal or household use, subject to regulations of the Board of Health.
c. Non-commercial greenhouse. recrea- tlon building or grounds for domestic use.
d. Raising of flowers, vegetables, fruits, shrubs, and trees, sale of such items is limited to those as are produced on the premises.
e. Renting of one (1) or two (2) rooms and the furnishing of board by a resi- dent family to not more than three (3) non-transient persons, subject to regulations of the Board of Health.
1. Office or studio, within the principal building, of a resident physiclan, den- tist, attorney, architect, artist, music. ian, engineer or other member of a recognized profession, provided that not more than one (1) other person is regularly employed therein in con- nection with such use, and that not more than twenty-five (25) per cent of the total floor area not to exceed two hundred (200) square feet is re- gularly devoted to such use.
. Customary home occupation, within the principal building, conducted by a person resident on the premises, pro- vided that not more than one (1) other person is regularly employed therein in connection with such use, that not more than twenty-five (25) per cent of the total floor area not to exceed 200 square feet is regularly devoted to such use, that there is no exterior storage of material or equip- ment, and that no display of products is visible from the street.
h. One (1) non-flashing exterior sign not to exceed two (2) square feet in area, provided that illuminating facilities are so arranged as to direct the light away from streets.
i. One (1) mon-flashing exterior sign, not to exceed twelve (12) square feet in area, on premises other than dwellings and their permitted accessory uses, pro- vided that illuminating facilities are so arranged as to direct the light away from streets, and that such sign ls located at least fifteen (15) feet from any lot line.
j. The sale, from an establishment used as a farm by the proprietor thereof of its products, either in their natural state or as forming the major Ingredi- ents of processed commodities. .
B. In a Rural District, and in a Single-Residence - A or Single-Residence - B District, the following uses are permitted as authorized on appeal by the Board of Appeals, and as specified in Section VIII - 2B hereinafter:
1. Alteration and conversion of a one-family detached dwelling containing at least twenty- four hundred (2,400) square feet of floor area above the basement floor for use as a two-family dwelling, each unit of which con-
tains at least eight hundred (800) square feet of floor area, or as a convalescent or nursing home, provided that no exterior change is made which in the opinion of the Board does not conform to the single-family character of other dwellings In the neighbor- hood, and that no increase is made in the total floor space of the building.
2. Hospital, sanitarium, nursing, rest or con- valescent home, charitable institution, or other similar non-correctional institutional use.
3. Cemetery.
4. Nursery school or other facility for the day care of children.
5. Clubhouse, lodge, or other non-profit recrea- tional, social, educational, or civic use operat- ed for members, excluding outdoor use of firearms.
6. Governmental administration building.
7. Fire or police station, or other public use, electric transformer station or sub-station, or automatic telephone exchange, provided that such use is essential to the service of the residential area in which it is located or that it requires a location within the district by reason of its function.
8. Public or commercial outdoor amusement or recreation uses devoted or related to court games, golf, skating, or swimming, provided that any area used for this purpose is located a minimum of fifty (50) feet from all side and rear lot lines that adjoin land as distinguished from water areas.
9. A commercial greenhouse on a lot having a minimum of sixty thousand (60,000) square feet, provided that any building or structure used for such greenhouse or accessory there- to is located a minimum of thirty (30) feet from all side and rear lot lines.
III.2 USES IN NEIGHBORHOOD BUSINESS DISTRICTS
A. In a Neighborhood Business District, the following uses are hereby permitted:
1. Any use permitted without appeal in a Rural District or in a Single-Residence - A or Single-Residence - B District, as permitted therein.
2. Drug store, dry goods shop, florist shop, gift shop, grocery, household appliance store, variety store, or wearing apparel store, or other business for the sale of unused mer- chandise at retail, which is similar In char- acter and in the effect on adjacent property.
3. Barber or beauty shop, pick-up station for laundry or dry cleaning, hand or self-service laundry, shoe repair shop, shop for custom work by a dressmaker or tailor, or other consumer service or personal service esta- blishment similar in character and in the effect on adjacent property.
4. Restaurant or other place for the sale and consumption on the premises of food or non- alcoholic beverages, provided that no dancing is permitted and that no entertainment 18 furnished.
5. Business or professional office, or bank.
6. Accessory uses as listed herein:
a. Garage or parking space for em- ployees, patrons, or · visitors.
b. Manufacture, assembly, or packaging of products sold on the premises in connection with the principal use, pro- vided that such operations do not occupy more than fifty (50) per cent of the floor area occupied by the prin-
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cipal use, and that not more than five (5) persons are regularly employed therein.
c. Non-flashing exterior signs pertaining to the occupant of the premises or to goods sold or services rendered on the premises, provided that such signs are on or attached flat against the wall of a building, and that the total area of all such signs does not exceed one (1) foot for every one hundred (100) square feet of ground floor area of the building to which attached.
B. In a Neighborhood Business District, the following uses are permitted as authorized on appeal by the Board of Appeals, and as specified in Section VIII- 2B hereinafter:
1. Alteration and conversion of a one-family detached dwelling for use as a two-family dwelling, each unit of which shall contain at at least eight hundred (800) square feet of floor area, or as a convalescent or nursing home, subject to the requirements for uses permitted without appeal in a Single-Resi- dence - B District, as specified in the Sche- dule shown in Section V-1.
2. Hospital, sanitarium, nursing, rest or con- valescent home, charitable institution, or other similar non-correctional institutional use, nursery school or other facility for the day care of children, subject to the require- ments for uses permitted on appeal in the Single-Residence - B District, as specified in the Schedule shown in Section V-1.
3. Any other use permitted on appeal in a Rural District or in a Single-Residence - A or Sin- gle-Residence - B District, as permitted there- in.
4. Bus station or bus terminal, railway station.
5. Drive-in or open-air business, and appurten- ant buildings or structures, for any use per- mitted without appeal in a Neighborhood Business District, provided that no access to premises is permitted over property located in a Rural District or a Single-Residence - A or Single-Residence - B District, and pro- vided that any building or structure erected, altered or enlarged in connection with such use is located a minimum of fifty (50) feet from property in the aforementioned Dis- tricts.
III-3 USES IN GENERAL BUSINESS DISTRICTS
A. In a General Business District, the following uses are hereby permitted:
1. A building containing a dwelling above the first story only, in the same structure with other uses permitted in Section III-3, pro- vided that such upper stories shall conform to the requirements for uses permitted with- out appeal in a Single-Residence - B District, as specified in the Schedule shown in Section V-1.
2. Any use, other than a dwelling, permitted without appeal in a Rural District or in a Single-Residence - A or Single-Residence - B District, as permitted therein.
3. Hotel.
4. Clubhouse, lodge, or other non-profit recrea. tional, social, educational or civic use operat- ed for members, excluding outdoor use of firearms.
5. Any business for the sale of unused merchan. dise at retail on the premises, including the sale of furniture and other bulk items.
6. Restaurant or other place for the sale and
consumption on the premises of food or non- alcoholic beverages.
7. Business or professional office, bank.
8. Any other use, excluding a dwelling, per- mitted without appeal in a Neighborhood Business District, as permitted therein.
9. Bus station or bug terminal, railway station.
10. Drive-in or open-air business. and appurten- ant buildings or structures, for any use per- mitted in a Neighborhood Business District
11. Public, utility, or communication buildings, with or without service yards.
12. Undertaking establishment, funeral home.
13. Commercial parking lot or parking garage, filling or service station, open lot for park- ing or sale of new or used automobiles, sales- room for automobiles, boats, trailers, trucks, farm implements or farm machinery.
14. Indoor amusement or recreation place or place of assembly, provided that the build- ing is so insulated and maintained as to confine noise to the premises.
15. Showroom, provided that storage is limited to floor samples.
16. Printing or publishing establishment, pro. vided that not more than five thousand (5,000) square feet of floor area is used for work and storage and that no motive power equipment is installed above the first story.
17. Bicycle repair shop, business or trade school, catering service, or household appliance re- pair shop, or other consumer, professional, or commercial service establishment which is similar in character and in the effect on adjacent property.
18. Shop, not to exceed five thousand (5,000) square feet in area, for work space and stor- age, of a carpenter, electrician, painter, plumber, taxidermist, or upholsterer, or other craft which is similar in character and ir the effect on adjacent property.
19. Radio or television station excluding towers. 20. Commercial greenhouse.
B. In a General Business District, the following uses are permitted as authorized on appeal by the Board of Appeals, and as specified in Section VIII-2B here- inafter:
1. Outdoor amusement and recreation uses de- voted or related to court games, golf, skat- ing, or swimming.
2. Any other use permitted on appeal in a Neighborhod Business District, as permitted therein, and not specifically enumerated in Section III-3A.
3. Repair garage for vehicles in use, excluding junk storage or salvage operations, provided that such use will not interfere with the safety of vehicular and pedestrian movement in the vicinity, and that the building is so insulated and maintained as to confine noise to the premises.
4. Animal or veterinary hospital, subject to regulations of the Board of Health.
5. General advertising sign of a non-flashing type, provided that no such sign shall be located within a required yard area, and that the total area of all such signs does not ex- ceed one (1) square foot for each lineal foot of frontage of the principal public way that constitutes the property line of the premises on which the sign is located.
III-4 USES IN INDUSTRIAL DISTRICTS
A. In an Industrial District, the following uses are hereby permitted :
1. Any use permitted on appeal or without appeal in a Neighborhood Business Dis-
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trict, as permitted therein, excluding dweli- ings except as hereafter permitted, and ex- cluding institutions that involve confinement of humans for care or treatment
2. Any use permitted without appeal in a Gen- eral Business District, without limitation as to floor area, number of employees, or stor- age of material.
3. Repair garage for vehicles in use. exclud- ing junk storage or salvage operations
4. Any other use permitted on appeal in a Gen- eral Business District, as permitted therein.
5. Open storage of the following items in an unused condition: building materials, furni_ ture and appliances, hardware, metal, paper, pipe, rubber, wood, and other items similar in character and in the effect on adjaceut property.
6. Open storage of contractors' equipment in use, livestock feed, fertilizer, food, heating fuel with above-ground storage limited to twenty-five thousand (25,000) gallons, paint and paint supplies, snop supplies, tobacco, tools, or products of manufacturing uses permitted in Section III-4.
7. Warehouse for building material. contrac- tors' equipment, livestock, feed, fertilizer, food, furniture, hardware, metal, heating fuel, paint and paint supplies, paper, pipe, rubber, shop supplies, tobacco, tools, wood, or products of manufacturing uses permitted Section III_4.
8. Plant for iight metal fabrication. including making, assembling, finishing, packaging, or repairing, but excluding the use of heavy punch presses or drop hammers except as authorized on appeal by the Board of Ap- peals.
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