USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1933-1938 > Part 37
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47
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Received and paid to the Town Treasurer for Dog Licenses, Six hundred seventy-two dollars and sixty cents ($672.60).
Received and paid to the Town Treasurer for License Fees, Gaso- line and Oil Permits, Alcohol Licenses, etc., One thousand six hundred and seventy-one dollars and forty-four cents ($1671.44).
Received and paid to the Town Treasurer for Town Clerk Fees, Two hundred and forty-one dollars and eighty-nine cents ($241.89).
Received and paid to the Division of Fisheries and Game for Li- censes, 'Two hundred forty-nine dollars and fifty cents ($249.50).
This makes a total of Two thousand eight hundred and thirty- five dollars and forty-three cents ($2835.43), received during the year 1938, and paid into the proper accounts.
During the year a W. P. A. Project was assigned to the Town Clerk's Office for the purpose of cross-indexing the Town Record's. When completed, this index system will place desired information readily at hand and save hours of searching.
Attest:
H. LOUIS FARMER, JR.
Town Clerk.
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WARRANT
For Annual Town Meeting
Middlesex ss: To either of the Constables of the Town of Tewks- bury in said County:
Greeting:
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Tewksbury, qualified to vote in Town Affairs, to meet and assemble at Town Hall in said Tewksbury on
Wednesday, February 2nd, 1938
at twelve o'clock noon, to act on the following articles:
ART. 1. To choose all necessary Town Officers, to choose by ballot a Moderator, a Town Clerk, three Selectmen, three members of the Board of Public Welfare, three members of the Board of Health, a Town Treasurer, an Auditor, a Collector of taxes, a Tree Warden and Constables (Three) all to serve one year; One Highway Commis- sioner to serve three years; one School Committee to serve three years; two Trustees of the Public Library to serve three years; one Park Commissioner to serve three years; one Assessor to serve three years; one Commissioner of Trust Funds to serve three years; one Park Commissioner to serve two years.
The polls for the election of Town Officers to be opened at 12 noon and close at 8 P. M. And to act on the following articles, commenc- ing at 7 P. M.
ART. 2. To hear reports of Town Officers and Committees and act thereon.
ART. 3. To see what sums of money the Town will vote to raise by taxation to defray necessary expenses for the current year, and make appropriations for the same.
ART. 4. To see if the Town will vote the money arising from licens- ing dogs for the ensuing year to aid in support of the Public Library.
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ART. 5. To see if the Town will vote to authorize the town treasurer, with the approval of the selectmen, to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1938 and to issue a note or notes therefor, payable within one year, and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws.
VOTED: That the town treasurer, with the approval of the select- men, be and hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial year beginning January 1, 1938 and to issue a note or notes therefor, payable within one year, and to renew any note or notes as may be given for a period of less than one year in accordance with Section 17, Chapter 44, General Laws.
ART. 6. To see what compensation the Town will vote for the collec- tion of taxes, and what rate and from what date interest will be charged on taxes of 1938 unpaid after Nov. 1, 1938 or any other action relative thereto.
ART. 7. To see if the Town will vote to raise and appropriate the sum of $350.00 for the proper observance of Memorial Day, and ap- point a committee to expend the money. Said committee to be taken from members of Spanish War Veterans, American Legion, or Sons of Veterans.
ART. 8. To see if the Town will authorize the Selectmen to institute suits on behalf of the Town or defend any suits that are, or may be brought against the Town, and to sign any contracts or agreements in behalf of the Town.
ART. 9. To see if the Town will vote to appropriate the sum of $1,697.63 to pay the County of Middlesex, as required by law, the town's share of the net cost of the care, maintenance, and repair of the Middlesex County Tuberculosis Hospital, and for the Town's share of the expense under the provisions of Chaper 331 of the Acts of 1933, which provides for the settlement of certain claims of the the Commonwealth against the Middlesex County Tuberculosis Hos- pital District, including interest or discount on temporary notes is- sued therefor, as assessed in accordance with the provisions of Chapter 111 of the General Laws and Acts in amendment thereof and in addition thereto, or take any action in relation thereto.
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ART. 10. To see if the Town will vote to authorize the selectmen to sell, after first giving notice of the time and place of sale by post- ing such notice of sale in some convenient and public place in the town fourteen days at least before the sale, property taken by the town under tax title procedure provided that the selectmen or whom- soever they may authorize to hold such public auction may reject any bid which they deem inadequate, or take any action relative thereto.
ART. 11. To see if the town will authorize the selectmen and treas- urer to petition the land court for a foreclosure of tax titles held by the town for more than two years, as provided in Section 65 of Chap- ter 60, and to see what sum of money the town will raise and ap- propriate therefor.
ART. 12. To see what regulations the Town will make for the pos- session, management and sale of land sold for unpaid taxes and for the assignment of tax titles not inconsistent with law or with the right of redemption as provided in Section 52 of Chapter 60 of the General Laws as amended by Section 3 of Chapter 126 of the Acts of 1927.
ART. 13. To see if the Town will vote to authorize the Board of Pub- lic Welfare to set aside a part of their appropriation to be used in conjunction with either Federal, State or County funds whenever in their opinion the pledging of such a sum of money will add to the total amount available for Welfare purposes.
ART. 14. "To see if the Town will vote to continue for another year the committee appointed under Article 14 at the Annual Town Meet- ing in February 1937 to represent the Town in Auto Insurance Rates, Fire Insurance Rates, Telephone Rates, etc., with the proper author- ity to attend hearings when necessary and appropriate a sum to cover necessary expenses."
ART. 15. To see if the Town will vote to raise and appropriate the sum of $500.00 or any other sum for the improvement of Pleasant Street; said money to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose or take any other action relative thereto.
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ART. 16. To see if the Town will vote to raise and appropriate the sum of $2,500.00 or any other sum for the improvement of North Street; said money to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose, or take any other action relative thereto.
ART. 17. To see if the Town will vote to raise and appropriate the sum of $ 3,000.00 for the Maintenance of Chapter 90, highways; said money to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose, or take any other action relative thereto.
ART. 18. To see if the Town will vote to establish a Road Machinery Account, to which shall be accredited all receipts received for the use of rental of road machinery, the proceeds to be appropriated as voted by the town for road machinery purposes, or take any action in relation thereto.
ART. 19. To see if the Town will vote to appropriate a sum of money to establish a Road Machinery Fund for the purpose of purchasing, repairing and operating road machinery or take any other action relative thereto.
ART. 20. To see if the Town will vote to accept Washington Street, as laid out by the Road Commissioners, with the boundaries and measurements as shown on the plan on file with the Town Clerk.
ART. 21. To see if the Town will vote to accept Martin Avenue, as laid out by the Road Commissioners, with the boundaries and meas- urements as shown on the plan on file with the Town Clerk.
ART. 22. To see if the Town will vote to accept Cross Street from Franklin to Oak Streets as laid out by the Road Commissioners, with measurements and boundaries as shown on plan on file with the Town Clerk, or take any action relative thereto.
ART. 23. To see if the Town willl vote to accept Elm Street from Main Street to State Street as laid out by the Road Commissioners with measurements and boundaries on plan on file with the Town Clerk, or take any action relative thereto.
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ART. 24. To see if the Town will vote to accept Walnut Street from Main to State Street as laid out by the Road Commissioners with measurements and boundaries on plan on file with the Town Clerk, or take any action relative thereto.
ART. 25. To see if the Town will vote to accept Glenwood Road from Florence Avenue to Franklin Street as laid out by the Road Com- missioners with measurements and boundaries on plan on file with the Town Clerk, and make necessary taking of land by right of em- inent domain to extend same, and appropriate sum necessary to con- struct extension.
ART. 26. To see if the Town will adopt the following Bylaw: The Town Clerk shall include a copy of the minutes of all meet- ings held during the current year in the Annual Report of the Town Officers of the Town of Tewksbury.
ART. 27. To see if the Town will vote that all Motor Vehicles, owned by the Town of Tewksbury, shall be lettered with the name of De- partment to which the vehicle belongs, or take any action relative to same.
ART. 28. To see if the Town will vote to choose by ballot at the An- nual Town Meeting in February, 1939 three Selectmen, three mem- bers of the Board of Public Welfare, and three members of the Board of Health, one to serve three years, one to serve two years, and one to serve one year, and each succeeding year to choose by ballot one Selectman, one member of the Board of Public Welfare, and one member of the Board of Health, to serve for the period of three years or to take any action relative to same.
ART. 29. To see if the Town will vote that the Highway Department, cut all brush on the highways of Tewksbury, or take any action relative to same.
ART. 30. To see if the Town will vote a sum not exceeding $10,000.00 for Pipe and Hydrants for a water main on Main Street from Chand- ler's Corner to the Foster School, and from Main Street to the High School on Pleasant Street, or take any other action relative thereto.
ART. 31. To see if the Town will vote to raise and appropriate the sum of $4,000.00 to purchase six inch water pipe to be laid from the end of the Lowell Water Main on Andover Street, the labor for ex- cavating and laying same to be furnished by W.P.A., or take any action in regard to same.
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ART. 32. To see what sum the Town will raise and appropriate for the Reserve Fund under Section 6 of Chapter 40, General Laws, Ter- centenary edition.
ART. 33. To see if the Town will vote to limit the Tax Rate to $28 per thousand, and without a rise in Valuation of Property.
ART. 34. To see if the Town will vote not to have a Special Town Meeting during the year 1938.
ART. 35. To see if the Town will vote to have a Purchase and Sale Agent, to be appointed by the Selectmen. And to receive a salary of not more than $100 per year, to be taken from each department on a percentage basis.
ART. 36. To see if the Town will vote to deed to Louis McEvoy of Brown Street, a lot of land 10 feet wide, and 191.09 feet long on the westerly side of McEvoy Avenue. This being a lot of land taken by the Town in 1936, and in excess of what was needed for street purposes.
ART. 37. To see if the Town will vote to sell a plot of land of ap- proximately 2,700 sq. ft. located in the rear of the Town Hall, to Dewey Coombs, or take any action relative thereto.
ART. 38. To see what sum of money the Town will vote to raise to remove ledge on Trull Road, or take any action relative thereto.
ART. 39. To see if the Town will vote to ask the Division of Accounts for an audit of the Town Accounts every year, or take any action relative thereto.
ART. 40. To see what sum of money the Town will vote to raise and appropriate to complete the remodeling of the Legion Quarters, or take any other action relative thereto.
ART. 41. To see if the Town will vote to replace in a suitable loca- tion in Tewksbury Centre, the watering trough formerly located at the corner of Main and East Street, or take any action relative thereto.
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ART. 42. To see if the Town will vote to appoint a committee to be known as School Safety Patrol Committee, to establish a School Safety Patrol and to study and supervise School Patrol work, said Committee to consist of six persons to be appointed by the Moderator.
ART. 43. To see if the Town will vote to raise and appropriate the sum of $300.00 for the New Fire Station, to purchase office and sleeping room furniture, and install a shower bath and hot water system, also to put gutters on new addition on building and repair old ones, or take any action thereto.
ART. 44. To see if the Town will vote to raise and appropriate the sum of $425.00 for the Fire Department to purchase lumber to build a tower for drying hose.
ART. 45. To see if the Town will vote to install two lights on Wash- ington Street, or take any other action relative thereto.
ART. 46. To see if the Town will vote, in accordance with the recom- mendation of the Director of Accounts, to place the office of Tax Collector, Treasurer and Town Clerk, under a straight yearly salary basis, exclusive of all other receipts.
ART. 47. To see what sum of money the Town will vote to raise and appropriate for W.P.A. works for 1938, or take any action relative to the same.
ART. 48. To see whether the Town will adopt the following by-law or some modification thereof for the purpose of regulating billboards or other outdoor advertising devices.
REGULATION OF ADVERTISING SIGNS AND BILLBOARDS
SECTION 1. Statutory Authority. In pursuance of the authority granted to towns in Section 29 of Chapter 93 of the General Laws, and pursuant to all other provisions of law, and without relaxing any restrictions now imposed on outdoor advertising devices by Section 29 to 33 inclusive of said chapter or by any lawful state reg- ulations thereunder, such devices are hereby further restricted in the Town of Tewksbury as provided in the following sections.
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SECTION 2. Exemptions. This by-law shall not apply to signs or other devices in or over public ways, described in Sections 1, 2 or 8, of Chapter 85, General Laws, or to signs or other devices on or in the rolling stock, stations, subways or structures of or used by com- mon carriers, except advertising devices on bridges or viaducts or abutments thereof. It also shall not apply to any advertising device legally permitted and maintained on the date of the taking effect of this by-law, until one year after the first day of July next following said date.
SECTION 3. Definitions:
"Advertising devices" shall mean billboards, painted bulletins, poster panels, signs, placards and other outdoor units designed to call public attention to the matter displayed thereon.
"Advertising sign" or "sign" shall mean any outdoor advertising device.
"Sign-board" shall mean any structure designed for displaying an outdoor advertisement.
"Highway" or "Street" shall mean any public way twenty feet or more in width.
"Public park" shall mean a piece of public land of at least five thousand square feet set apart for beauty and public enjoyment.
"Public reservation" shall mean a piece of public land set apart for recreational use, as a state or municipal forest, as a protection to a public water supply, as a memorial, or cemetery, or as a place of unusual scenic or historical interest.
"Permitted" shall mean authorized by an official permit.
"Display" shall mean to make or maintain visible from any high- way, public park or reservation.
"Area" of a sign or sign-board shall mean the area of the face view of the entire device, including all attachments except supports and lattice at the base thereof.
"Residential district" shall mean any area zoned as residential.
"Non-conforming business" shall mean a business located in a resi- dential or rural district, other than such rural business as farming or the raising and sale on the same premises of farm, garden or orchard products.
"Lawful sign" shall mean any outdoor advertising device not pro- hibited by any provision of law or by any lawful state regulation.
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"Accessory sign" shall mean any outdoor advertising device which carries only advertisements strictly incidental and subordinate to a principal use of the premises on which it is located, including signs indicating business tranacted or goods sold or produced on the premises or an occupant thereof, but not including any sign which is rented or controlled by any party except the owner or occupant of the premises.
"Sign on a wall" shall mean a sign closely attached throughout to and facing with that wall, or on a window or door therein.
"Lot" shall mean a plot of ground containing and devoted to the purposes of a building, or laid out to contain a building, with all required open spaces; or a tract of unbuilt, undivided land under one ownership.
SECTION 4. PROHIBITIONS. No person, firm, association or corpor- ation, except the owner or a tenant occupant of the premises, shall be permitted or allowed to erect, display or maintain any billboard or other outdoor advertising device thereon except in pursuance of written authority from such owner or tenant and unless either the name and address of the party holding such authority or a lawful permit number from the state licensing authority be displayed on such device.
No billboard or other outdoor advertising device shall be erected, displayed, or maintained :
(a) Upon any rock, tree, fence or pole;
(b) Within one hundred feet of any church, public building, monu- ment or memorial, or within three hundred feet of any public park, playground, or public reservation, if within view from any portion thereof; except that this provision shall not apply to accessory signs on the walls of buildings;
(c) If it contains any obscene, indecent or immoral matter;
(d) Unless all parts and attachments and the ground about the base thereof are kept in neat and safe condition.
SECTION 5. General Restrictions. No advertising sign or signboard shall be permitted or allowed to be so located as to obstruct a view between any points on connecting streets within fifty feet of a cor- ner of the rights of way; or to extend more than twenty feet above the surface on which it stands; or to obstruct any door, window or fire escape on a building; or, if on a roof or wall of a building, to
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extend above the legal limit of height for such building or wall; or, in a residential district, to extend more than six inches nearer to any boundary of the lot or premises on which it is located than it would be lawful to maintain a building, except as provided in para- graph (c) of Section 6.
SECTION 6. Restrictions in Residential District. No person, firm, association or corporation shall erect, display or maintain, or allow to be displayed or maintained on his or its property, in a residential district, any billboard or other outdoor advertising device, except devices specified in paragraphs (a), (b), (c) and (d) of this section.
(a) Any lawful accessory sign or signs not exceeding five square feet in aggregate area on any one building or lot; or any lawful sign or signs advertising only the sale or rental of the premises, not exceeding a total area of ten square feet; or, on the premises of any public building, public recreation ground, farm, garden, tree-nursery or forest, any lawful ac- cessory signs not exceeding all together fifteen square feet in area within the limits of said premises; or any lawful ac- cessory signs on the front wall of any building occupied by a non-conforming business.
(b) Any lawful sign displayed by the town, or any sign displayed by the United States, the state or the country relative to gov- ernment business.
(c) At any boundary line of the town a lawful sign not exceeding five square feet in area indicating the meetings of any civic organization located therein.
(d) On property owned or principally occupied by a religious, civic or charitable organization, association of war veterans or the like, any lawful accessory sign displayed by written permission of the Selectmen, with approval of the inspector of buildings if any, for a limited period not exceeding sixty days.
SECTION 7. Administration. Whenever notice of an application to a state authority for a permit for an advertising device to be erected or displayed in the town is received by the Town Clerk or any other town official, he shall immediately transmit it to the Inspector of Buildings or other officer charged with the administration of this by-law. Such officer, or, in the lack of other responsible officer, the Town Clerk, shall thereupon make an examination of the case and, as promptly as possible, within thirty days of the receipt of the
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application by the town, shall send written notice to the state authority to whom the application is addressed, stating whether or not the proposed advertising device would violate any provisions of this by-law, and, if he finds such violation, specifying what pro- visions would be violated. In case of such violation, he shall send like notice also to the applicant and to the owner or tenant of the proposed location of the device.
Any person desiring to erect a sign in the town may file a description thereof and of its proposed location with the officer charged with the enforcement of this by-law, who shall thereupon make an examination of the case and shall give written notice to the applicant whether or not the proposed advertising device would violate any provision of this by-law, and if so, what provision.
Said officer shall preserve for record all descriptions, notices of applications, letters and other papers received by him and copies of all notices issued and letters sent by him relating to out-door advertising.
SECTION 8. Penalties and Enforcement. The Selectmen or any officer charged with the enforcement of this by-law shall give written notice of any violation of Sections 4, 5, or 6 of this by-law to the party violating the same and to the owner or tenant of the property concerned, with orders to remove promptly any device in violation thereof, and shall cause any party who continues such violation for fifteen days after such notice to be prosecuted; shall pursue appropriate legal processes to restrain the erection or maintenance of devices in violation of this by-law and to cause their removal or abatement in accordance with Chapter 93, Sections 29, 31 and 33; and shall also notify the state regulatory authority of outdoor advertising of any known violations of lawful state regula- tions that come to his notice.
SECTION 9.
If any provision of this by-law is declared unconstitutional or illegal by any Court, the validity of the remaining provisions shall not be affected thereby.
SECTION 10.
No provision of this by-law shall be construed in such a manner as to be inconsistent with the rules and regulations now or hereafter in force, concerning outdoor advertising, of any state authority having jurisdiction.
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And you are directed to serve this warrant by posting up attested copies thereof, one at each of the Public Meeting Houses, one at the Town Hall, one at each of the Post Offices and leave one hundred copies for the use of the citizens at the Post Office in said Town, 8 days at least and over two Sundays, before the time of holding said meet- ing.
Hereof fail not and make due returns of this Warrant, with your doings thereon, to the Town Clerk at the time and place of Meeting as aforesaid:
Given under our hands, this twelfth day of January, in the year of our Lord, one thousand nine hundred and thirty-eight.
IRVING F. FRENCH EVERETT H. KING HERBERT L. TRULL Selectmen of Tewksbury.
A true copy attest:
CYRIL L. BARKER, Constable
February 2, 1938.
Commonwealth of Massachusetts
Middlesex, ss.
I have served the within Warrant by posting up attested copies thereof, one at each of the Public Meeting Houses, one at the Town Hall, one at each of the Post Offices, and by leaving 100 copies for the use of the citizens at the Post Office in said Town, 8 days at least, and over two Sundays, before the time of holding said meeting.
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