USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1950-1954 > Part 40
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12 „,
Easement Park 8
"
Tanglewood Acres Part 2 85
12
"
Foster Acres Part 1 13
Munro Lots 20
"
Heath Brook Manor #2 31 "
Indian Hill Acres 38
Chandler Street Acres 44
"
Chandler St. Gardens Part 1
61
"
Hinton Park
54
Leaver Acres #2
42 Lots
Pinehill Manor Part 1 8 "
Oakvale Section 1
95
„
Clearview Acres Part B
70 "
Roberts Circle
11 "
Town Line Park
118
In addition, we have received preliminary plans listed below which represent an additional 678 Lots.
Cedar Springs
102 Lots
Capehart Colony
125
"
East St. Gardens
31
Heath Brook Manor
#4 41
Heath Brook Manor #5
30
Heath Brook Manor #6
102
Sherwood Gardens
45
Morningside Park
128
"
Ralph Peters
33
Liberty Homes
41
"
678
In line with the above, and as empowered by Chapter 41 of the General Laws, we are strengthening our rules and regulations for the submission of plans and petitions for subdivision as follows:
1. All streets must be built to finished grade and tarred under the supervision of the Road Commissioners.
2. No hearings will be held until Definitive Plans are on file and the Town Clerk is notified in writing.
In addition, we are holding hearings to consider amendments to the zoning by-laws as follows:
1. To increase minimum lot size to 30,000 square feet.
2. To amend set-back erquirements on residential and business establishments.
3. To prohibit the building of two-family or duplex homes. -
4. To provide regulations on the use of automobile trailers as homes.
5. To establish a light industrial area on the westerly side of Main Street approximately located between stations 200 and 204 as shown on a Massachusetts State Highway Plan.
Responsibility for our problem also rests with our industrial group supplemented by Town officials and civic minded citizens to make a very serious effort to induce suitable industry to locate in our Town, thereby partially off-setting our disproportionate growth. The industrial area mentioned above, if approved, will help stimu-
55
late interest in our town as will the proposed Highway By-Pass 28, and feeder approach to provide a tie in to Lowell.
There is also an urgent need of progress in a program of river and brook drainage designed to remove accumulation of surface water rapidly and thoroughly. This need is evidenced by the recent period of heavy rains and has been emphasized by complaints of property owners in new developments.
During the past year, a tremendous amount of time at meetings was devoted to the study of plans submitted for subdivision ap- proval as well as plans that did not require approval under the subdivision control law. This left little time for the routine work of the Board on which we have fallen way behind and pointed up our need of clerical help. Consequently, we are placing an article in the warrant which will provide funds for secretarial service as it is required.
The Planning Board is now settled in new quarters and ap- preciate the much-needed extra space.
Respectfully submitted, JOHN J. BELTON, Chairman EDWARD B. STEVENS, Secretary JOHN J. COONEY WILLIAM B. CARTER THOMAS K. MacKENZIE
TREASURER
I submit herewith my report for the year 1954:
Cash on hand, January 1, 1954 $ 338,251.18
Receipts to December 31, 1954 1,286,885.76
$ 1,625,136.94
Paid on Warrants drawn by the Town Accountant to December 31, 1954 $ 1,257,189.13
Balance at Day Trust Company, Boston 5,000.00
Balance at Union National Bank of Lowell 56,774.01
Balance at Middlesex County National Bank, Lowell 303,880.73
Cash in Office 2,293.07
$ 1,625.136.94
For detail of receipts and expenditures see report of the Town Accountant.
WILLIAM J. O'NEILL Town Treasurer
56
FIRE DEPARTMENT
Board of Selectmen
Town Hall, Tewksbury, Mass.
Gentlemen:
I wish to submit my report for the year 1954.
Grass and Brush 155
False
11
Buildings 19
Resuscitator 10
Chimneys
16
Miscellaneous
95
Vehicles
8
Out of Town
11
Dumps
13
Oil Burners
9
Electrical
5
Arcing Wires in Trees
15
TOTAL
365
Approximate Value - Buildings and Contents
$141,550.00
Approximate Loss - Buildings and Contents 15,040.00
Insurance Paid - Buildings and Contents 4,310.80
Oil Storage Permits Issued 527
L.P. Gas Storage Permits Issued 230
TOTAL 757
Because of the increased number of buildings in Tewksbury I think it necessary that five permanent men be added to our present force of five men. There has been no increase in the number of permanent men on the Fire Department since March of 1951, when two men were added. Between January 1, 1951 and January 1, 1955, over 1000 homes have been built. There has been no increase in fire personnel to properly handle this increased responsibility.
We wish to thank the special committee named at the 1954 town meeting for their efforts in purchasing a new brush truck, radio equipment, a coded alarm system and for the general recon- ditioning of our present apparatus.
We also extend our thanks to the churches, civic and veterans organizations, the Massachusetts State Infirmary, the permanent and volunteer members of the fire department and the Board of Selectmen. The cooperation of all has greatly contributed to the efficiency of the department.
ANTHONY OBDENS, Chief
Tewksbury Fire Department
57
BOARD OF PUBLIC WELFARE
Category
Cases Opened
Cases Closed
Referrals or Denials
Active Cases 1/1/54
Active Cases 1/1/55
Cases Pending
O. A. A.
28
26
4
119
121
1
A. D. C.
10
7
6
18
21
5
D. A.
6
2
10
9
13
2
G. R.
28
27
20
10
11
0
Totals
72
62
40
156
166
8
There were no significant changes in the law during 1954. Changes in case load are reflected above.
Chap. 636 of the Acts of 1953
Hospital rates for Public Assistance cases were established as of January 1, 1955. The local hospitals remained the same, about $14.00 a day. The major Boston hospitals have increased from $14.00 a day to over $20.00 a day for all care.
Lien Act
One recovery was made under the Lien Act. On agreement between the Town Counsel, representing the Board of Public Welfare and the Selectmen, and the attorney for the deceased estate a parcel of land was deeded to the Town. A second recovery was made of $800.00.
Chap. 117
One recovery was made under this Chapter for $959.18.
JOHN D. SULLIVAN, Chairman
BUILDING INSPECTOR
The following is my report for the year ending December 31, 1954:
Inspections - Buildings 1814 Inspections - Sewage 546 Percolation Tests 23
Total number of building permits issued 580
Respectfully submitted,
HENRY J. PATENAUDE
Building Inspector and Board of Health Inspector
58
REPORT OF TRUSTEES OF TEWKSBURY PUBLIC LIBRARY
The Trustees of the Library submit the following report:
Details of expenditures will be found in the report of the auditor; and librarian's report shows the steadily increasing patron- nage of the Library.
The Trustees take this opportunity to thank Mrs. Abbie Dempsey and her assistants, Mrs. Marion Carlson and Mrs. Ella Marshall for their continued faithful service.
It is requested that the article in the warrant asking for the continued appropriation of $1300. and the money received from the dog tax be granted.
Respectfully submitted, MARION E. FRENCH, Secretary HAROLD H. SLOAN, Chairman EDGAR SMITH HAROLD J. PATTEN DOROTHY FITZGERALD HARRY PRIESTLEY
LIBRARIAN'S REPORT
To the Trustees of the Tewksbury Public Library:
The following report is respectfully submitted: During the year 703 books were added; 255 adult fiction, 251 adult non-fiction, 167 juvenile fiction and 30 juvenile non-fiction.
The circulation has increased more than 1,000 volumes during the year with the increase of many patrons.
The Librarian and assistants wish to thank patrons for their cooperation in returning books and magazines when due and to request those who now have books and magazines overdue to return them to the Library.
A gift subscription to the Daughters of the American Revolu- tion Magazine was received during the year, from the Lowell Chapter, Daughters of the American Revolution.
59
CIRCULATION OF BOOKS AT THE LIBRARY
Wednesday Evenings
Fiction
2631
Sociology
47
History
109
Religion
30
Literature
47
Science
40
Travel
54
Poetry
8
Arts
228
Philosophy
18
Biography
153
Total
3365
Saturdays
Fiction
5132
Sociology
66
History
194
Religion
39
Literature
108
Science
81
Travel
91
Poetry
17
Arts
358
Philosophy
34
Biography
300
Total
6420
Wednesdays and Saturdays
9,785
Library and Districts
10,626
Library, Districts and School Boxes
10,751
CIRCULATION OF BOOKS IN DISTRICTS
Wamesit
Fiction
399
Sociology
0
History
2
Religion
0
Literature
2
Science
0
Travel
3
Poetry
2
Arts
9
Philosophy
0
Biography
3
Total
420
Silver Lake Bakery
Fiction
357
Sociology
1
History
0
Religion
0
Literature
0 Science
0
Travel
1
Poetry
1
Arts
0 Philosophy
0
Biography
1 Total
361
North
Fiction
60
Sociology
0
History
0 Religion
0
Literature
0 Science
0
Travel
0 Poetry
0
Arts
0 Philosophy
0
Total
60
Total Circulation in Districts
841
60
CIRCULATION OF MAGAZINES
American
54
Lifetime Living
3
+American Home 100
Mademoiselle 35
Atlantic Monthly
41
McCall's 61
Better Homes & Gardens
61
Mechanics Illustrated 58
Cosmopolitan
54
¡National Geographic 111
Good Housekeeping
77
Harpers
36
*Readers' Digest
60
Hobbies
18
Red Book 67
Holiday
51
Woman's Home Comp. 47
Ladies' Home Journal
45
* Yankee
2
+Life
232
Others
19
Total 1345
* Donated
+ 2 copies
ABBIE M. DEMPSEY
Librarian
HIGHWAY DEPARTMENT
To the Honorable Board of Selectmen
Town of Tewksbury, Mass.
The following is our report for the year ending December 31, 1954:
Chapter 81 and General Highway
Routine construction and maintenance work was done with the addition of much extra work caused by the two Hurricanes. The first storm gave us a large amount of cleaning up, caused by trees, etc., which were blown into streets. The second hurricane, with its abnormal amount of rain, gave us much work repairing culverts and washouts. We did about the usual amount of grading and oiling and installed catch basins, etc. Our new Grader arrived and was immediately put to work and has proven a much needed piece of equipment. The following is the approximate amount of materials used on General Highway and Chapter 81 work.
Bituminous concrete
371 tons 491 tons
Pea Stone
Asphalt
60,552 gals.
Sand 5,500 yds.
Gravel 12,300 yds.
We installed 8 catch basins and 9 new culverts.
Chapter 90 Maintenance
Maintenance work took place on Shawsheen St., East St. and Fiske St.
61
¡Popular Mechanics 116
Chapter 90 Construction
Construction of Fiske St. was completed and work was started on Shawsheen St .; that section starting at Main St. towards the Andover line.
A full account of all department expenditures will be found in Auditor's report.
We wish to thank the Finance Board, State and County offi- cials, Board of Selectmen and all others who aided us.
Respectfully, CHESTER M. ROPER, Chairman GEORGE R. GRAY THOMAS F. SULLIVAN Road Commissioners
REPORT OF THE COMMITTEE APPOINTED TO INVESTIGATE A CHANGE IN THE FORM OF TOWN MEETING
Over the period of the past several months the committee ap- pointed under Article X of the 1954 warrant has given serious con- sideration to the advisability of recommending to the Town a representative or, as otherwise termed, a limited form of town meeting.
A careful study of the question has persuaded the committee that the representative form of town meeting is both readily workable and in the best interest of the town. It has also per- suaded the committee after preliminary investigation that, because of the complexities involved in this study of the representative form of town meeting, the questions, complicated in their own right, relating to a Board of Public Works and to a Town Manager should immediately follow the consideration by the Town of said form of town meeting and should not be in conjunction with it.
The representative town meeting is an institution peculiar to New England - particularly to Massachusetts. Parenthetically, it is interesting to note that this form of government was suggested for the city of Boston as early as 1820. Since 1900 over 30 towns in the State have adopted this form of government.
As the name suggests the representative form of town meeting provides that town meeting members, elected in accordance with a formula adopted by the town, shall represent their neighbors at all the town meetings, regular and special: men and women who, in addition to attending the meetings, shall have the moral obliga- tion to investigate the questions by attending the public hearings,
62
by studying the reports of the town officials and by discussions with those neighbors whom they represent. It is a practical com- promise between the impossibility of a town meeting open to all voters in a rapidly growing town and a reluctance to depart from the traditional town form of government. Apart from the problems of space, it seeks to provide at least a partial answer to others such as quorums, issues too involved to be digested by large groups in single sessions, etc.
However, there are few forms of human enterprise without their adverse aspects and the representative form of town meeting is no exception in this respect. The experience of individual towns over the past 50 years has revealed situations which have deservedly invited constructive criticism.
These general areas of criticism were kept constantly in mind by the committee in its study of the many plans now in effect. By comparison, by analysis and by the incorporation of palpably good solutions in other communities into its own proposed act the com- mittee has sought to provide in its recommended plan adequate safeguards against their re-currence in the town of Tewksbury.
A discussion of the popular criticisms of the representative form of town meeting follows:
(1) Domination of the Meeting by Elected Officials
This is a logical criticism which derives simply from the circumstance of permitting too many members-at-large. The simple solution to this criticism is the restriction of this class of members. The act proposed by the committee provides for only three such members or four, should an individual from Tewksbury be elected to the General Court.
(2) Quorum Difficulties
This condition arises when the established number of elected town meeting members is too large. The patent correction to such a condition is to establish a figure which can be presumed to be empirically workable in light of the past experience of the town. The past difficulty in securing. even as many as 150 at special town meetings in this town would certainly make a figure greatly in excess of that number somewhat ludicrous. The plan proposed by the committee envisages a figure approximating 130.
(3) Domination of the Town Meeting by Town Employees
The target of a known and relatively small number of representatives is, of course, an inviting objective for any type of pressure group.
As a deterrent to this situation, should it arise, it must be remembered that every town meeting member is re-
63
sponsible to all the neighbors whom he represents; not those solely who are in the employ of the town.
In addition to the restraint imposed upon a town meeting member by moral obligation, there is provided in the proposed act a legal safeguard in the form of a referen- dum. This referendum provides that no vote authorizing an expenditure in excess of $10,000 or any other vote, with the exception of certain logical areas in which votes at a duly called meeting must be final, shall become operative until after the expiration of 10 days, exclusive of Sundays and legal holidays, from the date of such vote. Within this 10 day period a petition, signed by not less than 5% of the registered voters of the town, may be filed with the select- men asking that the question or questions involved in any vote be submitted to the registered voters of the town at large. Then the selectmen after the expiration of 7 days, shall forthwith call a special meeting for the sole purpose of presenting by ballot to the registered voters at large the question or questions so involved.
In summary, in full recognition of the problems before cited, the committee feels that the representative form of town meeting offers a realistic and workable solution.
We do not have adequate space to seat even a small fraction of the 3,400 voters - a figure which is growing weekly - eligible to participate. It is absurd to consider the expenditure of a vast sum of money for a new town hall in light of the many other financial requirements which beset us. This form of meeting, in contrast to our current situation, provides the opportunity for each section of the town to be equally represented in proportion to its population. And, certainly, it should follow from this that the views of every recognized neighborhood in the town would be represented in discussion and votes. Finally, the smaller number of town meeting members should bring to bear the weight of more informed judgment on the serious issues that confront us not only now, but for many years into the future.
JAMES J. GAFFNEY, JR., Chairman
EDWARD M. MARTIN JOHN J. BELTON
JOHN J. NOLAN
RALPH S. BATTLES
The act which the commitee recommends for submission to the General Court for the proper enabling legislation follows:
64
AN ACT TO ESTABLISH IN THE TOWN OF TEWKSBURY REPRESTATIVE TOWN GOVERNMENT BY LIMITED TOWN MEETINGS
Be it enacted, etc., as follows:
SECTION 1. There is hereby established in the town of Tewksbury the form of representative town government by limited town meeting hereinafter set forth.
SECTION 2. Within thirty days after the adoption of this act there shall be created a temporary committee consisting of the selectmen and six registered voters of the town appointed by the moderator. Such committee shall study the provisions of this act and shall determine what in its opinion is a practicable percentage of the total registered voters to constitute a representative town meeting in the town of Tewksbury and what is a practical number of precincts into which the town should be divided for the purpose of this act. Such committee shall submit its report together with recommended by-laws to the next annual town meeting or to a special town meeting called for the purpose of acting on such report and proposed by-laws.
SECTION 3. Within the limits established by this act the town of Tewksbury shall determine by by-law the number of precincts into which the town shall be divided and the percentage of the registered voters which shall constitute the representative town meeting.
SECTION 4. Precincts. - Upon the adoption of the by-laws required by section three, the town of Tewksbury shall be divided by its selectmen and six registered voters of the town appointed by the moderator, into precincts which shall be composed as nearly as practicable of homogeneous neighborhoods. They shall be bounded wherever possible by the center line of known streets and ways or by other well-defined limits.
These boundaries shall be reviewed, and if need be, wholly or partly revised, by the selectmen in December, once in five years, or in December of any year when directed by a vote of the pre- ceding annual meeting of the town.
SECTION 5. Precinct Boundaries Publicized. - Within ten days after any establishment or revision of precincts, the selectmen shall file a report of their doings with the town clerk, the registrars of voters and the assessors, with a map or maps or description of the precincts and the names and residences of the registered voters therein. The selectmen shall also cause to be posted in the town hall a map or maps or description of the precincts as established or revised from time to time with the names and residences of the registered voters therein; and they shall also cause to be posted in
65
at least one public place in each precinct a map or description of that precinct, with the names and residences of the registered voters therein. The division of the town into voting precincts and any revision of such precincts shall take effect upon the date of the filing of the report thereof by the selectmen with the town clerk. Whenever the precincts are established or revised, the town clerk shall forthwith give written notice thereof to the state secretary stating the number and designation of the precincts.
SECTION 6. Elections. - Meetings of the registered voters of the several precincts for elections, for primaries, and for voting upon any question to be submitted to all the registered voters of the town, shall be held on the same day and at the same hour and at such place or places within the town as the selectmen shall in the warrant for such meetings direct. The provisions of chapter fifty to fifty-six, inclusive, of the General Laws relating to precinct voting at elections, so far as the same are not inconsistent with this act, shall apply to all elections and primaries in the town upon the establishment of voting precincts as hereinbefore provided.
SECTION 7. Precinct Representation. - Each precinct shall be represented in the representative town meeting by elected rep- resentatives, the number of which shall be the largest number divisible by three and which shall bear the same proportion to the total elected membership as the number of registered voters in the precinct bears to the total number of registered voters in the town as nearly as may be, but no precinct shall be represented by more than thirty elected members nor less than six. The number and size of precincts shall be such that the number of elected represen- tatives shall not exceed one for each forty voters or fraction thereof, and the total elected membership shall not exceed one hundred and forty.
SECTION 8. Nomination. - Nomination of candidates for town meeting members to be elected under this act shall be from among the registered voters of the precinct. Nomination papers shall bear no political designation, shall be signed by not less than ten registered voters of the precinct in which the candidate resides, and shall be filed with the town clerk on the same day that nomina- tion papers of candidates for other town offices must be filed. Any town meeting member may become a candidate for re-election by giving written notice thereof to the town clerk on or before the last day for filing nomination papers. The words "Candidate for re- election" shall be printed on the ballot opposite the names of such candidates, except those candidates who have been chosen as pro- vided for in secton eleven.
No nomination papers shall be valid in respect to any candidate unless his written acceptance is endorsed thereon or attached thereto.
66
SECTION 9. Election and Terms of Representative Town Meeting Members. - The representative town meeting members, whose number shall have been determined as provided in this act, shall be elected by ballot by the registered voters in every precinct at the first annual town election following the establishment or revision of such precinct in conformity with the laws relative to elections not inconsistent with this act.
The first third, in the order of votes received, of members so elected, shall serve three years, the second third, in such order shall serve two years, and the remaining third, in such order shall serve one year from the first day of the annual town meeting. In case of a tie vote affecting the division into thirds, the members elected from the precinct shall by ballot determine the same.
Thereafter, except as is otherwise provided herein, at each annual town electon the registered voters of each precinct shall similarly elect for the term of three years, one third of the number of town meeting members to which such precinct is entitled; and shall at such election fill for the unexpired term or terms any vacancy or vacancies then existing in the number of elected town meeting members in such precinct. The terms of office of all town meeting members from every revised precinct shall cease upon the election of their successors at the first annual town election after revision.
The town clerk shall, after election of town meeting members, forthwith notify by mail each such member of his election.
SECTION 10. Members-at-Large. - The chairman of the board of selectmen, the chairman of the finance committee, the town clerk and any member of the general court of the commonwealth, who is a resident of the town shall be members-at-large of the town meeting.
SECTION 11. Vacancies. - In the event of any vacancy in the full number of elected town meeting members from any precinct the remaining elected members of the precinct may choose from among the registered voters thereof a successor to serve until the next annual election. The town clerk may, but in any event upon a petition therefor signed by not less than one third of the elected town meeting members from the precinct, shall, call a special meeting of the remaining members from such precinct for the purpose of filling such vacancy and mail notice thereof to each member from the precinct specifying the object and the time and place of such meeting which shall be held not less than four days after the mailing of such notice. At such meeting a majority of such members shall constitute a quorum and shall elect from their own number a chairman and a clerk. The election to fill such vacancy shall be by ballot and a majority of the votes cast shall be required for a choice. The clerk shall forthwith file with the town clerk a certificate of such election, together with a written acceptance by
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