USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1945-1949 > Part 17
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ART. 7. 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. Board of Selectmen.
ART. 8. To see if the Town will vote to authorize the Board of Selectmen and the Treasurer to foreclose either through the Land Court or by affidavit of the Commis- sioner of Corporations and Taxation, any Tax Title held by the Town for more than two years, and to see what sum of money the Town will vote to raise and appro- priate therefore or take any other action relative thereto. Board of Selectmen.
ART. 9. To see if the Town will vote to authorize the Se- lectmen to sell, after first giving notice of the time and place of sale by posting such notice of sale in some con-
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venient 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. Board of Selectmen. ART. 10. To see if the Town will vote to authorize the Town Treasurer with the approval of the Board of Select- men to sell any parcel or parcels of land acquired by the Town through Tax Title foreclosure proceedings whose Tax Title value is less than $100.00, for whatever sum it may be in their judgment to the best interest of the Town, or take any other action relative thereto.
Board of Selectmen.
ART. 11. To see if the Town will vote to convey to the present owner all the rights, title and interest it holds on Lots 233 to 240 inclusive on a Plan of Land known as "Lakeview Park", said lots being assessed to Lydia A. Haskell in the year 1922 and in which a tax deed was re- corded with Middlesex North District Registry of Deeds Book No. 699 Page No. 294 against said lots, and au- thorize the Selectmen and Treasurer to make out and sign a proper instrument conveying the release of the town's rights, title and interest to present owner. George A. Marshall.
ART. 12. To see if the Town will vote to transfer from un- appropriated available funds in the treasury a sum equal to the amount that is allotted to the town by State and County as their share in Highway work done in conjunc- tion with the town, to meet the State's and County's share of the work, the reimbursement from the State and County to be restored upon their receipt to unappro- priated available funds in the treasury :
George A. Marshall
ART. 13. To see if the Town by vote will accept the fol- lowing Zoning by-laws proposed and recommended by the Zoning by-law committee or act in any other way relative thereto :
PROPOSED ZONING BY-LAWS
SEC. 1. To promote the health, safety, morals, con- venience and general welfare of its inhabitants, to lessen the danger from fire and congestion, and to improve and
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beautify the town under the provisions of General Laws, Chapter 40 as amended, the use, construction, repair, alteration, height, location and area of buildings and structures and the use of premises in the town of Tewks- bury are hereby regulated as herein provides.
SEC. 2. DEFINITIONS. In this by-law the follow- ing terms shall have the meanings here assigned to them :
a. A FAMILY: Any number of individuals living and cooking together on the premises as a single housekeep- ing unit.
b. A ONE-FAMILY HOUSE: A detached dwelling designed for and occupied by a single family.
c. SEMI-DETACHED HOUSE: Two- one-family houses built together at the same time.
d. A TWO-FAMILY HOUSE: A detached dwelling designed for two families.
e. A DWELLING: Any building used in whole or in part for habitation.
f. A HALF STORY : A half story is that portion of a building under a sloping roof the cubic contents of which are never more than one-half of that of the story below. If the cubic contents are greater-it shall be deemed a story.
g. AN ACCESSORY USE OR BUILDING: A use of land or a structure or building customarily incident to the main use of land or building to which it is accessory.
h. NON-CONFORMING USE OR BUILDING: An existing use of land or of a building, or a structure of building which does not conform to the regulations for the district in which such use of land, structure or build- ing exists.
i. A LOT : A lot is that area of land described in an application for a permit.
USE REGULATIONS
SEC. 3. For the purpose of this by-law, the Town of : Tewksbury is divided into four types of districts desig- nated as :
1. Single Residence Districts.
a. Main Street corner South to Wilmington line, hence along Wilmington line to South Street, then back to Main Street along South Street, except as otherwise zoned.
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2. General Residence and Farming Not Otherwise Zoned.
3. Light Industry.
a. One hundred feet each side of Main Street from Wil- mington to Lowell line.
4. Heavy Industry.
a. That portion of town south westerly of Woburn Street from Billerica line to Lowell line. A strip 300 feet in depth north of B & M track Western Division extend- ing from Lowell line to Andover line and along so called Spur track on north side for 300 feet.
Said districts are shown, defined and bounded on the map accompanying this by-law entitled, "Zoning Plan, Tewksbury," signed by the Zoning Committee and on file with the Town Clerk, and said map and all explana- tory matter thereon are hereby made a part of this by- Law.
In such districts, subject to the provisions of Section 13 and 14 new buildings or structures, and alterations, enlargements or extensions of existing buildings or struc- tures, may be designed, arranged, and (or) constructed, and land, buildings, structures, or parts thereof, may be used as specified for each type of district in Section 4, 5, 6, 7, subject as specified in such sections, to the pro- visions of section 16 and 17. No other uses shall be per- mitted in such districts.
SEC. 4. SINGLE RESIDENCE DISTRICTS.
1. One-family detached houses.
2. The taking of boarders or the leasing of rooms by a family resident on the premises.
3. Churches, schools, public libraries, public museums, parish houses, and, subject to the provisions of Section 17, the following: cemeteries, hospitals, sanitariums, philanthropic institutions with essential accessories.
4. Municipal parks, playgrounds, recreation buildings, water towers, and reservoirs.
5. Such accessory uses as are customarily incidental to any of the above uses, subject to the provisions of Sec- tion 13.
SEC. 5. GENERAL RESIDENCE AND FARMING.
1. Any use enumerated in Section 4, subject, as stated in Section 4, to the provisions of Section 17.
2. Semi-detached and two-family dwelling.
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3. Farms, greenhouses, nurseries, and truck gardens.
4. The sale of farm products raised on the land of the owner provided that the front yard set-back is observed.
SEC. 6. LIGHT INDUSTRY.
1. Any use enumerated in Section 4 and 5.
2. Retail stores and shops for customs work of the making of articles, to be sold at retail on the premises, subject to the provisions of Section 12.
3. Restaurants and other places for serving food.
4. Places of business of a barber, caterer, clothes clean- er and presser, confectioner, decorator, dressmaker, elec- trician, florist, furrier, hair dresser, hand laundry, opti- cian, painter, paper hanger, pastry shop, photographer, printer, publisher, shoemaker, shoe repairer, shoe shiner, tailor, undertaker, and, subject to the provisions of Sec- tion 17, the following, blacksmith, baker, building car- penter, contractor, dyer, mason, plumber, roofer, tin- smith, upholsterer, and similar uses which the board of appeals may, as provided in Section 17, in specific in- stances find to be compatible with the uses above men- tioned.
5. Commercial amusements, subject to approval by the board of appeals as provided in Section 17.
6. Gasoline and oil stations, garages for storage and repair, and stables subject to the provisions of Sections 16 and 17.
7. Billboards, as regulated by law and by-laws and subject to the provisions of Section 17.
8. Lumber, fuel, feed, and ice establishments, and contractor's yards, subject to the provisions of Section 17.
9. Light manufacturing, employing electricity and (or) other unobjectionable motive power, utilizing hand labor and (or) unobjectionable machinery and (or) pro- cesses and free from disturbing odors and (or) other agencies, subject to the provisions of Section 17. -
10. Notwithstanding the provisions of this section or of Section 17, no use shall be permitted which would be offensive because of injuries or obnoxious noise, vibra- tion, smoke, gas, fumes, odors, dust or other objection- able features, or be hazardous to the community on ac- count of fire or explosion of any other cause. No permit shall be granted under this or any other section for any
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use which would prove injurious to the safety or welfare of the neighborhood into which it proposes to go, or destructive or property values, because of any excessive nuisance qualities.
SEC. 7. HEAVY INDUSTRY.
1. Any use permitted under Sections 4, 5, and 6, sub- ject as stated in Section 6, to the provisions of Sections 16 and 17, and general manufacturer and industry not contrary to Sections 16 and 17.
Any use which may prove injurious to the safety and general welfare of the neighborhood and destructive of property values, because of any excessive nuisance qua- lities is forbidden.
HEIGHT REGULATIONS
SEC. 8. RESIDENCE DISTRICTS.
a. The limit of height of all buildings in all residence districts shall be two and one-half stories, not to exceed thirty-five feet.
b. The limitations in height in feet shall not apply to chimneys, ventilators, skylights, tanks, bulkheads, pent-houses, and other necessary features usually carried above roofs, not to towers or spires of churches and other buildings, if such features are in no way used for living purposes.
SEC. 9. BUSINESS AND INDUSTRIAL' DIS- TRICTS.
a. The limit of heights in light industry districts shall be three stories not to exceed forty feet.
b. The limit of heights in heavy industrial districts shall be five stories not to exceed sixty feet. Industries abutting water areas fifty or more feet in width need not observe this provision.
c. The limitation of height in feet shall not apply to such features as are mentioned in (b) of section 8, not to water tanks or scenery lofts.
AREA REGULATIONS
SEC. 10. In residence districts, as provided in Sections 4 and 5, land laid out after the adoption of the by-law shall provide for each dwelling a minimum frontage of 100 feet and minimum lot areas of 10,000 square feet.
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a. These provisions shall not prevent the erection or placing of any residence building on any lot containing a less area than 10,000 square feet, provided such lot on the effective date of these sections does not adjoin other land of the same owner available for use in connection with such lot.
PERCENTAGE OF LOT COVERED
SEC. 11. The percentage of lot which may be cov- ered by any building used for dwelling purposes shall in no instances exceed the following maximum provisions.
a. One-family house, 20 per cent, on lots of ten thou- sand square feet and over.
b. Semi-detached house-25 per cent.
c. Two-family-25 per cent.
No lot, or the buildings or structures thereon, shall be changed in size so as to violate the provisions of this by-law.
On corner lots, no structure, fence, tree or shrub shall prevent vision clearance in the space between four and eight feet above the ground, and such provisions shall apply to the space between the corner and the line join- ing the two points fifteen feet from the corner, measured on the lot lines.
YARDS
SEC. 12. In all residence districts there shall be pro- vided in front of every building or structure a front yard of at least 25 feet in clear depth between the building and the line of the way or ways on which the lot abuts, and no building or structure shall be erected, moved, al- tered, reconstructed or enlarged so that a front yard less in clear depth shall result. Projecting eaves and uncov- ered steps shall not be considered as coming within the meaning of this section.
BACK YARDS. Behind every dwelling there shall be provided a back yard between the rear line of the house and the rear lot line, not less than 10 feet in depth. A back yard may contain accessory buildings not over one and one half stories high, and covering not over 30 percent of its area.
SIDE YARDS. At each side of every dwelling there shall be a side yard not less than 10 feet in clear width,
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between the side of the house and the side lot line. On lots of 50 feet or less in width duly recorded by deed at the Registry of Deeds at the time this by-law is adopted, the minimum side yard requirement shall be 10 feet. Side yards shall be at all points clear of buildings from the front to the rear line of the house.
GENERAL PROVISIONS
SEC. 13. ACCESSORY USES.
a. Accessory uses shall be on the same lot, or lots, with the buildings of the owner or lessee, and shall be such as do not alter the character of the premises on which they are located or impair the neighborhood.
b. Garage space for not more than two cars may be permitted as an accessory use in residence districts, pro- vided that the board of appeals may permit space for additional cars under the provisions of Section 17.
c. On farms, stables and places for keeping or raising animals and poultry shall be considered as accessory.
d. The housing of employees in residential areas on the property of the owner shall be deemed an accessory use.
e. Where manufacture of any kind is permitted as an accessory use, it shall be restricted to such light manu- facturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the consumer.
f. The use of a room or rooms in a dwelling as a pro- fessional office or studio or for customary home occu- pation by a person resident in the dwelling may be per- mitted as an accessory use. In such cases a professional sign of not over one square foot in area may be used, and there shall be no public display of goods.
SEC. 14. NON-CONFORMING USES.
a. Any building, part of a building or premises which, at the time of the adoption of this by-law does not con- form to this by-law or is being put to a non-conforming use may continue to be used for the same purpose. A building not conforming in lot coverage may be rebuilt to the same coverage.
b. Wherever a non-conforming use has been changed to a more restricted use, it shall not again be changed to a less restricted use.
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SEC. 15. DISTRICT BOUNDARIES.
The district boundaries shall be as shown on the zoning plan, the scale of the map and the figures entered to serve as guides. Unless otherwise indicated, zones shall be interpreted as one hundred feet deep. Where a zone boundary line divides a lot in a single or joint owner- ship at the time the district is established, a use authorized on the less restricted portion of such a lot may be ex- tended into the more restricted portion, but in no case for more than 20 feet over the established zone line.
SEC. 16. LOCATION OF AUTOMOBILE SER- VICES.
No portion of the front or side lines of a public garage, automobile repair shop, greasing stations, storage battery service station, or any of their appurtenances or acces- sory uses, shall hereafter be placed within fifty feet of any residence district. No driveway to such premises shall be in any part within 50 feet of any residence dis- trict. No such premises shall have any driveway entrance or exit for motor vehicles within 200 feet of the property used by any public or private school, public library, church, playground or institution for the aged, sick or dependent, or for childern under 16 years of age.
Hereafter every filling pump and structure shall be located not less than 15 feet inside lot and no filling shall be done except to cars standing on property of station.
SEC. 17. PERMITS BY BOARD OF APPEALS REQUIRED.
No permit for a boarding or lodging house, or tea room in a residential district or for a cemetery, hospital, sani- torium or philanthopic institution, or for the place of business of any blacksmith, baker, building, carpenter, contractor, dyer, mason, plumber, roofer, tinsmith, up- holsterer, or for any mentioned use under Section 4 or for anything permitted only under Section 6 and 7 shall be issued except by the written approval of the Board of Appeals as provided in this section and subject to such conditions as the board may deem it proper to im- pose.
Any person desiring to obtain the permission of the Board of Appeals, for any purpose for which permission is required under this by-law, shall make written appli-
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cation therefor and the board shall hold a public hearing thereon after such notice as it may direct and render a decision. It may make rules for such hearings, and shall notify all holders of real estate which might be affected and shall at such hearings, hear such owners and others who may desire to be heard. No approval shall be granted by the board without considering the effect upon the neighborhood and the town. If a permit be issued with conditions such as will protect the community, such conditions shall be specified in writing on the permit. If granting a permit would result in substantial injury, it shall be refused.
SEC. 18. PLANS.
Applications for permits shall be accompanied by a plan of the lot proposed to be built upon the duplicate, drawn to scale, showing the actual dimensions of the lot, and the exact location and size of the buildings already upon the lot, and of the building or structure to be erected, together with the streets and alleys on the ad- jacent to the lot. A record of such application and plans shall be kept on file in the office of the Board of Appeals.
SEC. 19. BOARD OF APPEALS.
The Board of Appeals herein mentioned shall consist of three members appointed by the Selectmen.
ART. 14. To see if the Town will vote to authorize the licensing authorities to require a license for the keeping of over two pigs. Board of Selectmen. ART. 15. To see if the Town will instruct the Finance Com- mittee to prepare a report similar to the report now being made in the Town of Wilmington, this report to be mailed to every voter in Tewksbury at least one week before the annual Town Meeting, also to see what sum of money to cover the extra expense of this report be appropriated or take any other action relative thereto. William B. Carter.
ART. 16. To see if the Town will appropriate a sum of money to purchase an Ambulance or to take any other action relative thereto. William B. Carter.
ART. 17. To see if the Town will provide a place to keep the Ambulance and appropriate a sum of money to pay for the same or take any other action relative thereto. William B. Carter.
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ART. 18. To see if the Town will vote to instruct the Se- lectmen to be in charge of the Ambulance, making rules and regulations in regards to how the Ambulance will be operated and what fees are to be charged, also to authorize the Selectmen to hire proper operators, also to see what sum of money the Town will raise and appro- priate under this article or to take any other action rela- tive thereto. William B. Carter
ART. 19. To see if the Town will vote to fix the term of the Town Clerk, Tax Collector, and Treasurer for a period of three years, or take any other action relative thereto. Austin French.
ART. 20. To see if the Town will vote to fix the term of Tree Warden for a period of three years or take any other action relative thereto. Harris Briggs.
ART. 21. To see what salary or rate of compensation the Town will vote to pay the Assessors, and Tree Warden, or take any action relative thereto.
Board of Assessors & Tree Warden
ART. 22. To see if the Town will vote to raise and appro- priate the sum of $500.00 for the purchase of a power lawn mower for use at the Stadium and High School or take any other action relative thereto.
School Committee.
ART. 23. To see if the Town will vote to instruct the pro- per authorities to place speed limit and school zone signs on Andover St. for the Flemings school; on Main St. for the Foster school; on Main St. and Salem St. for the Shawsheen school; and on Pleasant St. for the High school. School Committee.
ART. 24. To see if the Town will vote to raise and appro- priate the sum of $3,937.50 to be used for the Hot Lunch Projects in the Public schools, or take any other action relative thereto. School Committee.
ART. 25. To see if the Town will vote to raise and appro- priate $2,800.00 in addition to the amount requested by the School Committee for certain salary increases, to raise the pay of all teachers and principals and the Super- intendent $400.00 above the present level, or take any other action relative thereto. Kathryn Chandler.
Chm. of the teachers salary Com.
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ART. 26. To see if the Town will vote to continue the committee appointed under Article 23 in the warrant of the Town Meeting held on Feb. 20, 1946 or act in any other way relative thereto. Ralph Battles.
ART. 27. To see if the Town will instruct this committee to present plans and estimates at the next annual Town meeting for the remodeling of the present High school gymnasium and construction of a new gymnasium and Manual Training building in accordance with report sub- mitted by this committee. Ralph Battles.
ART. 28. To see if he Town will vote to carry over the $1,000.00 appropriation of Article 23 of the warrant of February 20, 1946. Ralph Battles.
ART. 29. To see if the Town will vote to extend the au- thority of the present committee of the preceding article to present a future building program for the Town. Ralph Battles.
ART. 30. To see if the Town will vote to appropriate $500. under this article. Ralph Battles.
ART. 31. To see if the Town will vote to continue the Highway Machinery Fund as established at the last an- nual Town meeting, and to appropriate an additional sum including the unexpended balance of the 1946 Highway Machinery account to be added to the amount already accredited to this fund, for highway machinery purposes, or take any other action relative thereto.
By Board of Road Commissioners.
ART. 32. To see what sum the Town will vote to appro- priate from the Highway Machinery Fund for the pur- chase, repair, and maintenance of road machinery equip- ment for 1947, or take any other action relative thereto. By Board of Road Commissioners.
ART. 33. To see if the Town will vote to raise and appro- priate the sum of $2,000.00 for the Maintenance of Chap- ter 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 ac- tion relative thereto.
By Board of Road Commissioners.
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ART. 34. To see if the Town will vote to raise and appro- priate the sum of $3,500.00 or any other sum for the improvement of River Road: 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.
By Board of Road Commissioners. ART. 35. To see if the Town will vote to raise and appro- priate the sum of $2,500.00 or any other sum for the im- provement of Whipple Road: 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.
By Board of Road Commissioners.
ART. 36. To see if the Town will vote to raise and appro- priate the sum of $500 for the Annual Memorial Day Observances, and appoint a 3 man committee to make arrangements for same.
ART. 37. To see if the Town will vote to raise and appro- priate $125 for the Annual expenses of Legion Hall maintenance.
ART. 38. To see if the Town will vote to appropriate the sum of $1,500 for the erection of a monument, in accord- ance with plans drawn up by the Park Commissioners, as a memorial to the Tewksbury men who were killed in action in World Wars I and II, or take any other action relative thereto. Park Commissioners.
ART. 39. To see if the Town will vote to appropriate the sum of $500 to repair the scales in the Town Hall yard, or take any other action relative thereto.
Board of Selectmen.
ART. 40. To see if the Town will vote to authorize the Selectmen to sell the sewing machines owned by the Town, or take any other action relative thereto. Board of Selectmen.
. .
ART. 41. To see if the Town will vote to authorize the Selectmen to appoint a committee to study and revise the Town by-laws, or take any other action relative thereto. Board of Selectmen.
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ART. 42. To see what sum of money the Town will vote to raise and appropriate for the preceding article No. 41, or take any other action relative thereto. Board of Selectmen.
ART. 43. To see if the Town will appropriate the sum of Fifteen hundred dollars for repairs to the Field House in the Stadium or take any other action.
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