USA > Massachusetts > Middlesex County > Wilmington > Town of Wilmington Annual Report 1954-1955 > Part 16
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9. Plant for bottling beverages.
10. Plant for manufacture of electricai or eiec- tronic goods or supplies.
11. Piant for manufacture of medical, dentai, drafting, or pharmaceutical instruments, opti- cal goods, watches, or other precision instru- ments.
12. Plant for manufacture of books, candy, clothing, paper or cardboard boxes, jewelry, leather goods, toys, or other products in which the operations involved do not result in greater hazard or nuisance through danger of fire or explosion or through creation of emission of noise, vibration, dust, waste, heat, smoke, fumes, odor, or glare than the uses listed in this paragraph.
13. Research or testing laboratory, excluding the raising or keeping of animals.
14. Power laundry, dry cleaning or dyeing plant, or carpet cleaning plant.
15. Accessory uses as listed herein.
a. Dwelling for personnel that is requir- ed for the safe operation of a permitted use to reside on the premises thereof, subject to the requirement for such dwelling of uses permitted without ap- peal in the Single_Residence - B Dis- trict, as specified in the Schedule shown in Section V-1.
b. Other accessory use normally inci- dental to a permitted use, except as" herein limited.
B. In an Industriai District, the foliowing uses are permitted as authorized on appeal by the Board of Appeals, and as specified in Section VIII-2B herein- after, subject to the following provisions.
a. That the property to be used for such purpose is located a minimum of one
hundred fifty (150) feet from a Rural District, a Singie-Residence - A or a Single-Residence - B District.
b. That the property to be used for such purposes is located so that no vehicuiar movement In connection with such use will make undue use of local resident- iai streets in a Rural District or & Single-Residence - A or Single_Resi- dence - B District.
1. Truck terminal or motor freight station.
2. Creamery, milk distributing station.
3. Plant for packaging of food products.
4 Indoor breeding laboratory for medical or scientific research.
5 Any other iawfui business, storage, or manu- facturing use in which the operations in. voived do not result in greater hazard or nuisance through danger of fire or explosion or through creation or emission of noise, vibration, dust, waste, heat, smoke, fumes, odor, or giare than the uses specifically list ed as permitted in this by-iaw.
SECTION IV. SPECIAL REGULATIONS GOVERNING USE DISTRICTS
IV-1 STREET FRONTAGE FOR DWELLINGS
In a Rurai District, a Single-Residence - A or Single- Residence - B District, or a Neighborhood Busi- ness District, any building hereafter erected for use as a dwelling shall be located on a lot that fronts upon an accepted street or that has a per- manent means of access not less than thirty (30) feet in width to such street or way.
IV.2 APPLICATION OF RESIDENTIAL REQUIREMENTS
In a Neighborhood Business or General Business District, and in an Industrial District, any building erected that is devoted entirely or in part to a dwelling, shail conform to the requirements for uses permitted without appeal in the Single-Resl- dence - B District for all floors of the building de- voted entirely or in part to such residentiai use, as specified in the Schedule shown in Section V-1.
IV-B OFF-STREET PARKING
A. In any District where permitted, no use of premises shall be authorized or extended, and no building or structure shali be erected or enlarged, unless there is provided for such extension, erection, or enlarge- ment, off-street automobiie parking space with per- manent surfacing within three hundred (300) feet of the principai building, structure, or use of the premises, in accordance with the foliowing minl. mum specifications. An area of two hundred (200) square feet of appropriate dimensions for the park- ing of an automobile, exclusive of drives or aisles, shali be considered as one (1) off-street parking space.
1. For a dwelling furnishing board as an ac- cessory use, or for a hotel, one (1) space for each sleeping room.
2. For a hospital or sanltarlum, one (1) space for each two (2) beds.
3. For other institutions devoted to board, care, or treatment of humans, one (1) space for each four (4) beds.
4. For a place serving food or beverages, or a theater or other indoor use involving assem- bly of persons as a principal or predominant characteristic in the conduct of such use, one (1) space for each four (4) seats, and/ or for each eighty (80) inches of permanent bleacher or bench-sitting space, and/or.for each twenty (20) square feet of area without permanent seating facilities devoted regular- iy to such assembly.
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5. For a medical or dental office, six (6) spaces.
6. For a funeral home, ten (10) spaces.
7. For a retail business, personal, consumer, professional, or commercial service estab- lishment, office or bank, showroom, or a publicly-owned use involving regular and direct business with members of the public on the premises of such use, one space for each one hundred (100) square feet of floor area or fraction thereof devoted to selling. storage, service, and all other activities re- lated to such use.
8. For a craft shop, warehouse and storage use, terminal. manufacturing use and all cther uses first permitted in an Industrial District, one (1) space for each two (2) per. sons employed or anticipated to be employed on the largest shift.
9. For a filling or service station, drive-in or open-air business, or outdoor recreation use, sufficient off-street parking spaces to accom_ modate the anticipated needs of patrons and employees without habitual or frequent ad- ditional use of streets.
B. For the purpose of administering this Section IV-3, a site plan shall be submitted to the Town Engineer for approval, which shall indicate all existing and proposed structures, parking spaces, driveways and driveway openings, service areas and other open areas, and all facilities for sewage, refuse, and other waste disposal, for surface water drainage and for landscape features. The Town Engineeer may ap- prove or disapprove, amend, or modify the plan. In considering the plan, the Town Engineer may take into account, to a degree consistent with rea. sonable use of the premises in the District in which located -
a. Convenience and safety of vehicular and pedestrian movement on the site
and on adjoining streets and properties.
b. Adequacy as to the arrangement and, where not herein specified, the num- ber of spaces indicated on the plan in relation to the proposed use of the premises.
c. Adequacy of the methods on the site of waste disposal. drainage, and land- scaping.
Disapproval of the site plan by the Town Engineer shall constitute grounds for disapproval of the use of the premises by the Building Inspector.
C. Joint off-street parking facilities may be provided by two or more separate buildings or uses on the same lot or on different lots, but in such case the total spaces required shall be the sum of the spaces required for the individual buildings or uses.
IV-4 SCREENING OF OPEN USES
In a Neighborhood Business or General Business District or in an Industrial District, an area outside of a completely enclosed building which is occupied by the following open uses shall be screened by means of a densely planted strip of shrubs, trees or other suitable planting at least four (4) feet in width and four (4) feet in height where such oc- cupancy is located within fifty (50) feet of a Rural District, a Single-Residence - A or Single-Residence - B District.
1. Parking area for drive-in or open-air busi- ness.
2. Commercial parking lot.
3. Parking or storage area for a filling or ser- vice station or for open lot sales of auto- mobiles, boats, trailers, trucks, farm imple- ments or farm machinery.
4. General advertising sign.
5. Commercial outdoor recreation use.
6. Parking or storage area for a repair garage.
7. Open storage use, whether a principal or accessory use of the premises.
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SECTION V. HEIGHT, AREA AND YARD REGULATIONS
V.1 SCHEDULE OF REQUIREMENTS
In any District, no use of premises shall be authorized or extended, and no building or structure shall be erected, enlarged, or moved which is not in accord with the following schedule, except as herein specified.
DISTRICT
Minimum Lot Area for Use
Permited without Appeal
Minimum Lot Area for Use
Permitted on Appeal
Use Permitted without Appeal Minimum Lot Frontage for
Use Permitted on Appeal Minimum Lot Frontage for
Maximum Height
Minimum Set-back from
Center Line of Street
Minimum Front Yard Depth
Minimum Width for each
Minimum Rear Yard Depth
Minimum Lot Depth
Maximum Lot Coverage
for Buildings or Structures
Rural (R)
60,000
60,000 sq. ft.
200 ft.
200 ft.
216 stor. ieg or 38 ft.
80 ft
50 ft.
30 ft.
30 ft. 200
20 per
sq. ft.
22,500
45,000
125 ft.
200 ft.
2 12 stor- ies or 38 ft.
60 ft.
40 ft.
25 ft.
20 ft. 150
25 per
sq. ft.
sq. ft.
ft.
cent
Single-Residence - B (S-R-B)
10,000
20,000
100. ft
150 ft.
21% stor- ies or 38 ft.
50 ft.
30 ft.
15 ft.
20 ft. 100
35 per
sq. ft.
sq. ft.
ft.
cent
Neighborhood Business (N-B)
3,000
6,000
30 ft.
60 ft.
2 16 stor- ies or 38 ft.
50 ft.
30 ft.
5 ft. for
10 ft.
80 per
sq. ft.
sq. ft.
cent
General Business (GB)
3,000
6,000
30 ft.
60 ft.
3 stories or 40 ft,
50 ft.
30 ft.
10 ft:
80 per cent
Industrial (IND)
10,000
20,000
100 ft.
150 ft.
2 stories or 30 ft,
60 ft.
sq. ft.
sq. ft.
50 ft. 20 ft., or 50 ft. from the nearest R, S-R-A, S-R.B Dist.
70% for ome story bldgs, 35% for two- story bidgs .. or total floor area equal to 70% of lot area.
ft.
cent
Single-Residence - A (S-R-A)
bldgs. with-
out a party
sq. ft.
øq. ft.
wall on the game lot line
Side Yard
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V-8 HEIGHT
A. For the purpose of administering this Section, the Maximum Height in each case shaii be measured vertically from the average finished grade of the ground adjoining the building or structure to the highest point of the roof for flat roofs, the deck line for mansard roofs, and the average height between eaves and ridge for gabie, hip, and gambrel roofs.
B. Chimneys, spires, towers, and other projections not used for human occupancy, whether constituting separate structures or attached to buildings, may be constructed above the maximum height limita- tions, but no such structure or projection shall be constructed in any District uniess so authorized by the Board of Appeals.
V.3 LOT FRONTAGE, WIDTH, AND AREA
A. For the purpose of administering this Section, the Minimum Lot Frontage required in each case shail be measured along a straight line connecting the points of intersection of the side iot lines with the exterior line of the way on which said frontage is located.
A dwelling may be erected on a lot shown on a plan on record on the effective date of this by law having less than the required lot frontage, width, depth, or area, provided that -
a. said lot conformed with the lot size provisions applicable to the construc- tion of a dwelling on said lot as set forth in the zoning by-laws of Septem- ber 14. 1934, or
b. said lot was shown on a final or defini- tive sub-division pian duiy approved by the Pianning Board after July 28. 1954.
V-4 SET-BACK AND YARDS
A. For the purpose of administering this Section, the Minimum Set-back from Center Line of Street of any lot shall be measured at a right angle from the center line of the frontage way to the nearest portion of the building adjacent thereto. The Mini. mum Front Yard Depth of any lot shaii be measured at a right angle from the exterior line of the front- age way to the nearest portion of the building ad- jacent thereto. Whichever distance is the greater shail constitute the required set back.
The Minimum Side Yard Width of any iot shail be measured at a right angle from the side line of the lot to the nearest portion of the building adjacent thereto. The Minimum Rear Yard Depth of any iot shail be measured at a right angle from the rear iine of the lot to the nearest portion of the building adjacent thereto ..
B. In amy District no building or structure shali be located within the required set-back or yard areas, except as herein provided.
C. In a Neighborhood Business or Generai Business District, and in an Industrial District, no building, structure, sign, or open use shall be located within the required set-back and yards, except the foilow- ing -
1. Plants growing in the soil.
2. Mail box or pole.
3. Sign attached to a building and extending a maximum of four (4) feet therefrom.
D. In any District, no building need provide a greater set-back or front yard than the average distance therefrom of the nearest principal buildings on the adjoining side lots. In determining such average, a vacant lot shall be considered as conforming to the required set-back or front yard. Side and rear yard requirements may be varied by the Board of Ap- peals, in the case of an irregular, narrow, or shal- low lot, or a lot unusual in shape or topography.
Nothing herein shali prevent the projection of cor- nices or eaves not exceeding eighteen (18) inches in width, uncovered steps, or window sills into any required yard or set back area.
V.5 LOT DEPTH
For the purpose of administering this Section, Mini- mum Lot Depth shali be measured at right angies at every point in the Minimum Lot Frontage.
V-6 LOT COVERAGE AND OPEN SPACE
For the purpose of administering this Section, Maxi- mum Lot Coverage of Buildings or Structures shali be taken as the per cent of lot area occupied by all buildings or structures on said lot. Within the re- maining open area, except in the required yard and set-back areas, there shall be provided facilities for ail loading and unloading activities incidental to the normal operation of any business, storage, or in- dustrial establishments for which the lot is Good or intended to be used.
SECTION VI NON-CONFORMING AND TEMPORARY USES AND EXISTING BUILDINGS
VI-1 NON-CONFORMING USES
A. Any lawful building or structure, or any iawful use of iand, building, or structure, existing at the time this by-law or any amendment thereto takes effect, may be continued, although not in conformity with the provisions thereof. uniess and untii abandoned for a period of one (1) year.
B. A non-conforming use may be changed, as autho- rized by the Board of Appeais, to a use permissible generaily in the same or in a more restricted Dis- trict, if found to be not more detrimental or injuri- ous to persons or to adjacent property.
C. A non-conforming use may be extended and a non- conforming building or structure aitered or en- larged, as authorized by the Board of Appeais, pro- vided that such extension, alteration, or enlarge- ment -
a. does not exceed fifty (50) per cent of the combined floor area and open area devoted to such use at the time this by-law or any amendment thereto takes effect, and
b. is found to be not more detrimental or injurious to persons or to adjacent property
VI-2 TEMPORARY USES
A temporary use, building, or structure not in con- formity with the provisions of this by-law may be authorized by the Board of Appeais, if found to be necessary and incidental to the development or ser- vice of a permitted use or if found to be not detri. mentai or injurious to persons or to adjacent pro- perty. Such authorization shail be limited to one (1) year at a time, not to exceed a total of three (3) years.
In any such case, the applicant shaii file, with the Building Inspector, a bond in such sum as may be required by the Board of Appeals, together with deed and bill of sale to the Town, effective in case any use, building, or structure is not removed prior to the expiration of the permit.
VI-3 EXISTING BUILDINGS
A. Nothing herein shall prevent the completion of any piane, construction, or intended use of premises for which an unexpired permit was issued prior to the effective date of this by-law, the lawful construc- tion of which shaii have been started within six (6) months after issuance of such permit and the com- pletion of which shall be within the expiration date of such permit.
B. Nothing herein shali prevent the lawful restoration and continued use of premises damaged or destroyed by fire or other casualty, subject to the provisions of Section VI-1C.
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SECTION VII. EXCAVATION, DUMPING, AND FILLING VII-1 EXCAVATION
No soil, loam, sand, or gravel shall be removed from any parcel of land not in public use. Nothing here- in shall prevent the construction of a building for which an unexpired permit has been issued or the landscaping of the lot or lots upon which a building has been erected.
VII-2 DUMPING AND FILLING
No garbage, rubbish, refuse, or other waste material shall be dumped or incinerated in any District and no land shall be used as a fill area without autho- rization on appeal by the Board of Appeals. The Board of Appeals shall grant no such authoriza- tion for any use covered by the provisions of Sectoon 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.
Any area in use for dumping or filling shall be identified by suitable markers as a public or private dump area, or as a fill area.
SECTION VIII. ENFORCEMENT, APPEAL, AND
AMENDMENT
VIII-1 ENFORCEMENT
A. The Building Inspector shall execute and enforce the provisions of this by-law, except where other- wise provided, through the interpretation and ap- plication of the provisions thereof. In so doing, he shall have the same powers as are provided to execute and enforce the Building Laws of the town. He shall approve no application, plan, or permit, or the specifications thereof, except in conformity with this by-law.
B. No premises, and no building erected, altered, or in any way changed as to construction or use, under a permit or otherwise, shall be occupied or used without an occupancy permit signed by the Building Inspector, which permit shall not be issued until the premises, building, or structure, and its uses and accessory uses comply in all respects with this by_law ..
C. Any application for a building permit shall be ac- companied by plans and specifications in duplicate, showing the actual shape and dimensions of the lot to be built upon, the exact location and size of all buildings or structures already on the lot, together with the lines within which all buildings or struc- tures are to be erected, the existing and intended use of each building or structure, and such other information as may be necessary, under Section IV-3B as herein before specified or otherwise, to provide for the execution and enforcement of this by-law.
A record of all such applications, plans, and per- mits shall be kept on file by the Building Inspector
D. Whoever shall violate or cause to be violated any provision of this by-law shall be subject to a fine not to exceed twenty (20) dollars for each day of the continuance of such violation.
VIII-2 APPEAL
A. The Board of Appeals heretofore established under the zoning by-law previously in effect shall continue "as the Board of Appeals under this by-law and under Division 1, Section 7 of the Building Laws of the town. The members and associate members thereof shall continue in office for the duration of their appointed terms.
B. The Board as hereinbefore specified shall have the same powers and duties as are provided in the Building Laws of the town and all the powers and
duties under the applicable provisions of the Gener- al Laws of the Commonwealth of Massachusetts and of this by law as specified herein. The Board shall -
a. Hear and decide appeals taken from any order, décision, or determination, made by the Building Inspector in the execution and enforcement of this by- law.
b. Authorize a variance from the terms of this by-law in cases of substantial hardship, as specified in the applicable provisions of the General Laws of the Commonwealth of Massachusetts.
c. Authorize the use of heavy punch presses or drop hammers, as specified in Section III-4A item 8 herein.
d. Authorize a projection above the maxi- mum height regulations, as specified in Section V-2 herein.
e. Authorize a variance in side or rear yard requirements, as specified in Section V-4D herein.
f. Authorize a change or extension of a non-conforming use or alteration or enlargement of a non-conforming building or structure, as specified in Sections VI-1B and VI-1C herein.
g. Authorize a temporary use, building, or structure, as specified in Section VI-2 herein
h. Authorize dumping and filling, as specified in Section VII-2 herein.
i. Authorize uses under Section III-1B, III-2B, III-3B and-III-4B, as specified therein, after a report thereon from the Town Planning Board.
Said report, shall set forth, insofar as is practicable, the probable effect of or need for such use, within the general area thereof or within the town, and may contain suggestions or recommen- dations relating to the establishment of any such use. The report shall be submitted to the Board of Appeals within sixty (60) days after receipt by the Planning Board of notice of the fil- ing of any request under the sections affected. If such submission is not made within the period required, a report favorable to the establishment of the use shall nevertheless be deemed to have been made.
C. All applications or requests for action to the Board in accordance with the provisions of this by-law shall be accompanied by an appropriate form secur- ed from the Building Inspector, the Town Engineer, or the Town Clerk.
D. The meetings and procedures of the Board of Ap- peals shall be consistent with the applicable pro- visions of the General Laws of the Commonwealth of Massachusetts and of the provisions herein and as necessary thereto.
The Board shall, with the advice and assistance of the Building Inspector, maintain and keep up-to- date a map indicating, by means of appropriate symbols, colors, or other notations, the locationg in which it has taken approving or disapproving action.
VIII-3 AMENDMENT
This by-law or any portion thereof may be amended, modified, or repealed as provided by law.
SECTION IX. VALIDITY
IX-1 OTHER REGULATIONS
Nothing contained herein shall be construed as repealing or invalidating any existing by-law or
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1X-2
regulation of the town, but shall operate in addi- tion thereto. Where this bylaw imposes greater restrictions than is imposed by such by-law or regulation, the provision of this by law shall prevail. INVALIDITY
The invalidity of any section or provision of this by-law shall not invalidate any other section or provision. Approved by the Attorney General Dec 13. 1955 Posted by the Town Clerk in five places Dec 16 1955.
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WARRANT - ANNUAL TOWN MEETING
To: HARRY J. AINSWORTH, CONSTABLE OF THE TOWN OF WILMINGTON:
GREETINGS: In the name of the Commonwealth of Massachusetts and in the manner prescribed in the By- Laws of said Town, you are hereby directed to notify and warn the inhabitants of the Town qualified to vote in Town affairs to meet and assemble at the
HIGH SCHOOL CAFETERIA Saturday, the 3rd day of March, A. D. 1956
at 9. 45 o'clock in the forenoon, the polls to be opened at 10. 00 A. M. and shall be closed at 8. 00 P. M. , for the election of Town Offices:
ARTICLE 1. To bring in your votes on one ballot respectively for the following named Offices, to wit: Two Selectmen for the term of three years; two Members of the School Committee for the term of three years; one Member of the School Committee for the term of two years (to fill an unexpired term); one Moderator for the term of one year; one Member of the Wilmington Housing Authority for the term of five years; one Member of the Wilmington Housing Authority for the term of two years (to fill an unexpired term) and the following Questions:
QUESTION 1. Shall the acceptance by the Town of Wilmington of an Act passed by the General Court in the year nineteen hundred and fifty, entitled "An Act Establish- ing a Town Manager Form of Government for the Town of Wilmington" be revoked ?
QUESTION 2. Will the Town vote to accept the provisions of Section 48 of the Civil Service Law, Chapter 31 of the General Laws, with reference to the regular or permanent members of its Fire Force and the office of Chief of the Fire Department ?
QUESTION 3. Shall an Act passed by the General Court in the year nineteen hundred and forty-nine entitled "An Act Relative to the granting of vacations for members of the regular or permanent Police and Fire Forces in certain cities and towns" be accepted ?
You are also hereby further required and directed to notify and warn the said inhabitants of the Town of Wilmington who are qualified to vote on elections and town affairs therein, to assemble subsequently and meet in Town Meeting at the High School Auditorium, Church Street, in said Town of Wilmington
on Saturday, the 10th day of March, A. D. 1956 at 1. 30 P. M.
then and there to act on the following Articles:
ARTICLE 2. To hear the reports of Committees and act thereon.
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