USA > Massachusetts > Hampden County > Wilbraham > Wilbraham annual report 1951-1955 > Part 38
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8. Dwellings and housekeeping facilities for employees or non-paying guests of the owner or lessee shall be permitted, when included in an acces- sory building located not less than one hundred fifty (150) feet from any street line and not less than fifteen (15) feet from any side and rear lot lines. Such facilities may include not more than one house trailer to be occupied for a period not to exceed six months in any twelve consecutive months from date of permit. All such facilities used for residential occu- pancy will be subject to an occupancy permit issued by the Building Inspector.
SECTION 14 Non-Conforming Uses
1. No lot in any residence district shall have thereon more than one (1) building or structure occupied as a dwelling, except as provided in Section 13, paragraph 8, above.
2. This by-law shall not apply to buildings or structures nor to the use of any building or structure or land which existed lawfully prior to May 23, 1946; but this by-law shall apply to any change of use and any altera- tion of a building or structure when the same would amount to reconstruc- tion, extension or structural change, and to any alteration of a building or structure to provide for its use for a purpose or in a manner substantially different from the use to which it was put before alteration, to a substan- tially greater extent.
3. Wherever a non-conforming use has been changed to a more restricted use or to a conforming use, it shall not again be changed to a less restricted use.
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4. In residence districts, when a non-conforming use has been discontinued for a period of twelve (12) months or more, it shall not be re-established and future use shall be in conformity with this by-law.
5. Nothing in these by-laws shall prevent the reconstruction and resump- tion of use of any non-conforming building which may hereafter be acciden- tally or criminally damaged; provided that the reconstruction be effected within one (1) year from the occurrence of said damage.
SECTION 15 General Provisions
1. No division or sub-division of any lot or parcel of land shall be made in such a manner as to make any lot thus set off, or the remainder of said lot or parcel, or the location of any building on such lot or remainder thereof, non-conforming to this by-law.
2. Notwithstanding the requirements of the other provisions of these by-laws, the following shall apply to and be effective in favor of any sub- division as to which a preliminary plan was approved by the Planning Board prior to June 10, 1954, and was still in force on that date:
(a) The frontage and area requirements of any such sub-division shall be the same as set forth in the zoning by-laws in force on the date of the approval of such preliminary plan, except as below provided.
(b) A definitive plan of a sub-division shall be filed within a period of six months from the date of the approval of the preliminary plan, other- wise the right to file such definitive plan shall expire by limitation.
(c) The Planning Board shall have the right in its discretion in any case to grant an extension of the period for the filing of a definitive plan provided the request for such an extension shall be made prior to the expira- tion date for the filing of such plan.
(d) The right to file a definitive plan shall be exercised only by the owner of record of the sub-division on the date of the submission of the preliminary plan, and any subsequent owner of such sub-division shall acquire no right to file a definitive plan based on the preliminary plan sub- mitted by the previous owner.
(e) Any person aggrieved by reason of inability to obtain an exten- sion of time for the filing of a definitive plan may appeal from the Planning Board to the Board of Appeals established under Section 20 of these zoning by-laws. Any such appeal shall be taken within a reasonable time provided by rule of the Board of Appeals by filing with the Town Clerk a notice of appeal specifying the grounds thereof.
3. Corner Clearances: Between the lines of streets intersecting at an angle of less than one hundred thirty-five (135) degrees and a line joining points on such lines twenty-five (25) feet distant from that point of inter- section, no building or structure may be erected and no vegetation may be maintained between a height of three (3) feet and a height of eight (8) feet and above the plane through their average grades.
4. Location of Automobile Services: No public garage, automobile repair shop, greasing station, storage battery service station, or gasoline filling station, or any of their appurtenances, or accessory uses, shall hereafter be placed within fifty (50) feet of any residence district. No driveway to such premises shall be in any part within fifty (50) feet of any residence district. No such premises shall have any driveway entrance or exit for motor vehicles within three hundred (300) feet of the property used by any public or private school, public library, church, playground, or institution for the sick or de- pendent, or for children under sixteen (16) years of age. Every building or structure including appurtenances or accessory uses shall hereafter be located fifteen (15) feet inside the set-back line and no filling shall be done except into cars standing on the property of the filling station.
5. In residence districts, the removal for sale of sod, loam, clay, sand, gravel, or quarried stone, except when incidental to and in connection with construction of a building for which a permit has been issued or except where it is to be used within the limits of the town, shall be deemed a non- conforming use of land, and shall be permitted only if written permission of the Board of Appeals be obtained and under such conditions as the Board of Appeals may impose and make a part of the permit. The Board of Appeals
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shall in each instance impose such conditions as will protect the neighborhood and town against permanent and temporary hazards because of conditions which may be left after operations are completed or because of the methods of handling such material at the site or of transporting such materials through the town.
SECTION 16 Variations
In general this by-law is supplementary to other laws and by-laws affect- ing the use, height, and area of buildings, structures and premises. Where this by-law imposes a greater restriction upon the use of buildings or premises than is imposed by existing provisions of law or by-laws, the provisions of this by-law shall control.
SECTION 17 Plans and Permits
1. No tent, no building, and no structure shall be erected or substantially altered without a building permit, which permit will be valid for a period not to exceed six (6) months, and applications for building permits shall be accom- panied by a plot of the lot, in duplicate, drawn to scale showing the actual dimensions of the lot and the exact location and size of the buildings or structures already upon the lot, if any, and of the buildings or structures to be erected or altered, together with streets and alleys on and adjacent to the lot. Accompanying such application shall be duplicate plans of the proposed buildings or structures in such detail as will permit the Building Inspector to determine if such structure or structures conform to the provisions of these by-laws. A record of such applications and the plot and plans herein referred to and action taken thereon shall be kept on file in the Town Office.
2. Farm owners shall not be required to obtain building permits for tem- porary poultry or livestock range shelters.
SECTION 18 Applicability of By-Law and Enforcement
1. No building or other structure nor any premises shall be used nor shall any building or other structure or part thereof be erected, or altered, except in conformity with the provisions of this by-law which apply to the district in which the premises, building or structure is located.
2. This by-law shall be administered by the Building Inspector who shall be appointed annually by the Selectmen in the month of March to take office on the first day of April and to hold office for the period of one (1) year and until his successor is appointed and qualified. He shall be sworn for the faith- ful performance of his duties before entering office. He shall approve no applications for permits required under this by-law for a building of any kind for which plans and specifications, and intended use are not in all respects in conformity with this by-law. He shall have full authority to prosecute in any court of competent jurisdiction any action, suit or proceed- ing for the enforcement of this zoning by-law.
SECTION 19 Occupancy Permit
No newly erected or altered structure for which a building permit is re- quired under this by-law shall be occupied or used without an occupancy permit, which permit shall be applied for in writing to the Building Inspector before the building is occupied. It shall be signed by the Building Inspector, and shall be issued when the building and its uses and accessory uses comply in all respects with this by-law. Any building not described as a residence or dwelling in the application for building permit and any buildng not built as a dwelling prior to the adoption of this by-law, may not hereafter be used for living purposes without an occupancy permit.
SECTION 20 Board of Appeals
1. The Selectmen shall, within thirty (30) days after the adoption of this by-law and thereafter as terms expire or vacancies occur, make appointments
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to a Board of Appeals as provided in Section 30 of Chapter 40 of the General Laws, Tercentenary Edition, as amended, having all powers and duties as provided in said section.
2. Said Board shall consist of three (3) members appointed for terms of such length and so arranged that the term of one appointee shall expire each year. There shall also be appointed one associate member for a term of three (3) years, so that in the case of a vacancy, inability to act or interest on the part of a member of said Board, his place may be taken temporarily by the associate member. No person holding an elective town office shall be eligible to serve as a member or associate member of the Board of Appeals. Said Board shall elect annually a Chairman from its own members.
3. Appeals may be taken to the Board of Appeals by any person aggrieved by reason of his inability to obtain a permit from the Building Inspector in violation of any provision of this by-law or the said Sections 25 to 30A of Chapter 40. Any such appeal shall be taken within a reasonable time pro- vided by rule of the Board of Appeals by filing with the Town Clerk a notice of appeal specifying the grounds thereof.
4. The Board of Appeals shall have the power to authorize upon appeal, or upon petition, in cases where a particular use is sought for which no permit is required with respect to a particular parcel of land a variance from the terms of this by-law where, owing to conditions especially affecting such parcel but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this by-law would involve substantial hardship to the appellant, and where desirable relief may be granted without substantially derogating from the intent or purpose of this by-law, but not otherwise.
5. In exercising the powers given it by this by-law, the Board shall con- form to the provisions of General Laws (Ter. Ed.) Chapter 40, Section 30.
SECTION 21 Repetitive Petitions Before Town Meetings
No proposed by-law making a change in this zoning by-law which has been unfavorably acted upon by the Town Meeting shall be considered on its merits by the Town Meeting within two (2) years after the date of such unfavorable action, unless adoption of such proposed by-law is recommended in the final report of the Planning Board, as required by Sections 27 and 27A of Chapter 40 of said General Laws as amended.
SECTION 22 Repetitive Petitions Before Board of Appeals
No appeal or petition under Paragraph 3, Section 30, Chapter 40 of said General Laws, as amended, for a variance from the terms of this by-law with respect to a particular parcel of land, and no application under Section 30 for a special exception to the terms of this by-law, which has been un- favorably acted upon by the Board of Appeals shall be considered on its merits by said Board within two (2) years after the date of such unfavorable action except with the consent of all the members of the Planning Board.
SECTION 23 Amendments
The Planning Board upon its own initiative may, and upon petition of five or more owners of land in the Town of Wilbraham, shall hold public hearings, fourteen (14) days published notice of which shall be given, for the consideration of any amendments to the zoning map or to this by-law, and report to a regular or special Town Meeting its recommendations as to what action should be taken. No hearings shall be held or appeals considered for any variation or change of district boundaries except as provided in Section 30 of Chapter 40 of said General Laws and in this section.
SECTION 24 Validity
The invalidity of any section or provision of the by-law shall not invalidate any other section or provision thereof.
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SECTION 25 Repeal
Any existing by-laws or any parts thereof inconsistent with this by-law are hereby repealed.
SECTION 26 When Effective
This by-law shall take effect upon its approval by the Attorney General and its publication and posting as required by Section 32 of Chapter 40 of said General Laws.
The above zoning by-laws approved by Attorney General George Fingold, dated August 27, 1954 at Boston, Massachusetts.
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ORDINANCES
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INDEX Ordinances of the Town of Wilbraham, Massachusetts
Page
Alcoholic Beverages
31
Camps and Cabins
28
Day Nurseries
34
Health
32
Day Nurseries
34
Garbage Disposal
32
Pasteurization
34
Traffic and Safety
22
Rules and Orders
24
Stop Signs
22
21
ORDINANCES
Traffic and Safety
A stop boulevard location shall be established at Boston Road and Stony Hill Road on both North and South ends of Boston Road at Stony Hill Road. (October 13, 1931.)
The following order was passed in regard to the junction of Stony Hill Road and Boston Road, to wit:
Every driver of a vehicle, street car or other conveyance, approaching an intersecting way at which there exists, facing him, an official sign, author- ized by this rule, said sign having apart from this regulation the written approval of the Department of Public Works of the Commonwealth of Mas- sachusetts, and bearing the word "stop" shall before entering and proceeding through the intersection bring such vehicle, street car or other conveyance to a complete stop at such line as may be clearly marked, or if there is no line so marked, at a place between the said sign and the line of the street intersection. In the case of a line of two or more vehicles approaching such "stop" sign, the drivers of the second and third vehicles in any group shall not be required to stop more than once at said designated line or place or in the immediate vicinity. This rule shall not apply when the traffic is other- wise directed by a police officer or by any other lawful traffic regulating sign, signal or device. In accordance with the foregoing, the Selectmen here- by authorize the erection and maintenance of an official stop sign or stop signs so as to face northbound drivers on the Stony Hill Road at the Boston Road. Any person found guilty of violating any of the provisions of this rule shall be guilty of a misdemeanor and may be punished by a fine not exceeding twenty dollars for each offense. (April 5, 1932.)
The following order was passed in regard to the junction of North Main Street and Boston Post Road, to wit:
Every driver of a vehicle, street car or other conveyance, approaching an intersecting way at which there exists, facing him, an official sign, author- ized by this rule, said sign having apart from this regulation the written approval of the Department of Public Works of the Commonwealth of Mas- sachusetts and bearing the word "stop" shall before entering and proceeding through the intersection, bring such vehicle, street car or other conveyance to a complete stop at such line as may be clearly marked, or if there is not a line so marked, at a place between the said sign and the line of the street intersection. In the case of a line of two or more vehicles approaching such "stop" sign, the drivers of the second and third vehicles in any group shall not be required to stop more than once at said designated line or place or in the immediate vicinity. This rule shall not apply when the traffic is other- wise directed by a police officer or by any other lawful traffic regulating sign, signal or device. In accordance with the foregoing, the Selectmen - hereby authorize the erection and maintenance of an official stop sign or stop signs so as to face northbound drivers on the North Main Street at the Boston Post Road. Any person found guilty of violating any of the provisions of this rule shall be guilty of a misdemeanor and may be punished by a fine not exceeding twenty dollars for each offense. (September 22, 1936.)
The following order was passed in regard to the junction of Chapel Hill Road or Chapel Street and Boston Post Road, to wit:
Every driver of a vehicle, street car or other conveyance, approaching an intersecting way at which there exists, facing him, an official sign, author- ized by this rule, said sign having apart from this regulation the written approval of the Department of Public Works of the Commonwealth of Mas- sachusetts and bearing the word "stop" shall before entering and proceeding through the intersection, bring such vehicle, street car or other conveyance to a complete stop at such line as may be clearly marked, or if there is not a line so marked, at a place between the said sign and the line of the inter- section. In the case of a line of two or more vehicles approaching such "stop" sign, the drivers of the second and third vehicles in any group shall not be required to stop more than once at said designated line or place or in the immediate vicinity. This rule shall not apply when traffic is otherwise directed by a police officer or by any other lawful traffic regulating sign, signal or device. In accordance with the foregoing, the Selectmen hereby authorize
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the erection and maintenance of an official stop sign or stop signs so as to face northbound drivers on Chapel Hill Road or Chapel Street at the Boston Post Road. Any person found guilty of violating any of the provisions of this rule shall be guilty of a misdemeanor and may be punished by a fine not exceeding twenty dollars for each offense. (September 22, 1936.)
The following order was passed in regard to the junction of Maiden Lane and Boston Post Road, to wit:
Every driver of a vehicle, street car or other conveyance approaching an intersecting way at which there exists, facing him, an official sign, author- ized by this rule, said sign having apart from this regulation the written approval of the Department of Public Works of the Commonwealth of Mas- sachusetts and bearing the word "stop" shall before entering and proceeding through the intersection, bring such a vehicle, street car or other conveyance to a complete stop at such line as may be clearly marked, or if there is not a line so marked, at a place between the said sign and the line of the street intersection. In the case of a line of two or more vehicles approaching such "stop" sign, the drivers of the second and third vehicles in any group shall not be required to stop more than once at said designated line or place or in the immediate vicinity. This rule shall not apply when the traffic is other- wise directed by a police officer or by any other lawful traffic regulating sign, signal or device. In accordance with the foregoing, the Selectmen hereby authorize the erection and maintenance of an official stop sign or stop signs so as to face northbound drivers on the Maiden Lane at the Boston Post Road. Any person found guilty of violating any of the provisions of this rule shall be guilty of a misdemeanor and may be punished by a fine not exceed- ing twenty dollars for each offense. (September 22, 1936.)
Traffic Rules and Orders
The following Rules and Orders regulating traffic upon the streets and highways of the Town of Wilbraham are hereby enacted by the Board of Selectmen of the Town of Wilbraham.
ARTICLE I Definitions
For the purpose of these rules and orders, the words and phrases used herein shall have the following meanings except in those instances where the context indicates a different meaning.
(a) "Street or Highway." The entire width between property lines of every way open to the use of the public for purposes of travel.
(b) "Roadway." That portion of a street or highway between the regularly established curb lines or that part, exclusive of shoulders, improved and in- tended to be used for vehicular traffic.
(c) "Lane." A longitudinal division of a roadway into a strip of sufficient width to accommodate the passage of a single line of vehicles.
(d) "Vehicle." Every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway except devices moved by human power or used exclusively upon stationary rails or tracks.
(e) "Emergency Vehicle." Vehicles of the Fire Department (Fire Patrol), police vehicles, ambulances and emergency vehicles of federal, state and municipal departments or public service corporations when the latter are responding to an emergency in relation to the police or fire departments.
(f) "Parking." The standing of a vehicle, whether occupied or not, other- wise than temporarily for the purpose of and while actually engaged in load- ing or unloading, or in obedience to an officer or traffic signs or signals, or while making emergency repairs or if disabled while arrangements are being made to move such vehicle.
(g) "Pedestrian." Any person afoot or riding on a conveyance moved by human power except bicycles or tricycles.
(h) "Sidewalk." That portion of a street or highway set aside for pedes- trian travel.
(i) "Crosswalk." That portion of a roadway ordinarily included within the prolongation or connection of curb lines and property lines at intersec- tions, or at any portion of a roadway clearly indicated for pedestrian cross- ing by lines on the road surface or by other markings or signs.
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(j) "Railroad Crossing." Any intersection of ways with a railroad right- of-way.
(k) "Traffic." Pedestrians, ridden or herded animals, vehicles, street cars or other conveyances either single or together while using any street or high- way for the purpose of travel.
(1) "Official Traffic Signs." All signs, markings and devices, other than signals, not inconsistent with these rules and orders and which conform to the standards prescribed by the Department of Public Works of the Common- wealth of Massachusetts and placed or erected by authority of a public body or official having jurisdiction for the purpose of guiding, directing, warning or regulating traffic.
(m) "Officer." For the purpose of this ordinance, an officer shall be con- strued to mean any officer, any investigator, examiner or inspector of the Registry of Motor Vehicles, any constable or special officer, provided he has his badge of office displayed over his left breast and upon his outer garment.
(n) "Official Curb Marking." That portion of a curbing, the painting of which has been authorized by the Board of Selectmen and which has the written approval of the Department of Public Works, Commonwealth of Massachusetts.
(o) "Official Street Marking." Any painted line, legend, marking or marker of any description painted or placed upon any way which purports to direct or regulate traffic and which has been authorized by the Board of Selectmen and which has the written approval of the Department of Public Works, Commonwealth of Massachusetts.
ARTICLE II Authority and Duties of Police
SECTION 1. Officers to Direct Traffic. It shall be the duty of officers desig- nated by the Chairman of the Board of Selectmen to enforce the provisions of these rules and orders. Such officers are hereby authorized to direct all traffic either in person or by means of visible or audible signals in conform- ance with the provisions of these rules and orders, provided that in the event of a fire or other emergency to expedite traffic or safeguard pedestrians, officers of the Police or Fire Departments may direct traffic, as conditions may require, notwithstanding the provisions of these rules and orders.
SECTION 2. Police May Close Streets Temporarily. The Chairman of the Board of Selectmen is hereby authorized to close temporarily any street or highway in an impending or existing emergency, or for any lawful assem- blage, demonstration or procession provided there is reasonable justification for the closing of such street.
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