USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1955-1960 > Part 16
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Voted: To indefinitely postpone.
ART.6. To see what sum of money the town will transfer from available funds for the purpose of financing the transfer of Tewksbury High School students to Lowell High School, said sum to be expended in conjunction with funds now available
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to School Committee, or take any other action relative thereto. School Committee
Voted: To refer to School Committee for further study. 233 in favor - 173 opposed.
ART. 7. To see what sum the town will transfer from available funds for the purpose of protecting school property, or take any action relative thereto. School Committee
Voted: To indefinitely postpone.
ART. 8. To see if the town will authorize the Board of Health to establish a town dump at the old gravel pit off Pond Street, or some other location, and transfer a sum of money from available funds to prepare and maintain said dump or take any other action relative thereto. Board of Health
Voted: To authorize the Board of Health to establish a town dump and transfer $1,000 from E & D to prepare and maintain said dump.
ART. 9. To see if the town will vote to raise and appropriate or transfer from available funds a sum of money to enable the Planning Board to hire professional consultants to make a complete survey of the town in regards to rezoning and revi- sion rules and to conduct research into all functions and prob- lems of the town, and to publish a printed report. Said appro- priation to be used in conjunction with any funds that are available under the Housing Act of 1954, Public Law 560, 83rd Congress Title 7, Section 701, or take any other action relative thereto. So. Tewksbury Betterment Assn., Inc.
Voted: To transfer from E & D $5,250 to enable the Plan- ning Board to hire professional consultants to make a complete survey of the town in regards to rezoning and revision of sub- division rules and to conduct research into all functions and prob- lems of the town, and to publish a printed report. Said appropria- tion to be used in conjunction with any funds that are available. under the Housing Act of 1954, Public Law 550, 83rd Congress, Title 7, Section 701.
ART. 10. To see if the Town will vote to place in the warrant and on the official ballot for the next annual town meeting the following question: "Shall sections 69C to 69F inclusive of Chap. 41 of the General Laws, providing for the establish- ment of a Board of Public Works exercising the powers of certain other departments and town officers, be accepted?" So. Tewksbury Betterment Assn., Inc. Voted: To adopt. A majority vote.
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ART. 11. To see if the town will vote to amend Art. 5 of the Town By-Laws by adding the following sentence to the first paragraph of Section 1, "If the Selectmen refuse such permission, a town officer may temporarily engage in any of the aforementioned activities providing a statement is filed with the Selectmen indi- cating approval for any such activity and signed by at least one hundred registered voters from each precinct. The Selectmen shall include the question of such approval in the warrant for the next town meeting to be held subsequent to such action and the decision of the voters thereat shall be final.
So. Tewksbury Betterment Assn., Inc.
Voted: To adopt. 49 opposed - 83 in favor. (Ruling by Town Counsel.)
ART. 12. To see if the town will vote to adopt the following by- law, to be added to Art. 1 of the town by-laws. "No automatic recording device shall be used at any town meeting or public hearing without the consent of the majority of the voters present. After consent is given, the recording shall be placed in the custody of the Town Clerk and transcripts shall be made only under the supervision of such officer."
So. Tewksbury Betterment Assn., Inc.
Voted: To adopt. 2/3 vote. Approved by Attorney General, October 25, 1956.
ART. 13. To see what action the town will take to reimburse the Fire Chief $40.45 for Out-of-State expenses incurred in Town Business. Chief of Fire Department
Voted: : To transfer $40.45 from E & D to reimburse the Fire Chief for Out-of-State expenses incurred in Town business.
ART. 14. To see if the town will vote to transfer from E & D the sum of $168.90 to pay Haynes Memorial Hospital for medical expenses incurred in 1955, or take any other action relative thereto. Board of Health
Voted: To adopt. Unanimous vote.
ART. 15. To see if the town will vote to authorize the 1954 School Building Committee, together with the Sub-Committee ap- pointed, under Article 11, Special Town Meeting May 15, 1956, to obtain plans and specifications in order to obtain bids for the following school construction projects:
1. Adding six classrooms and a playroom to the present Shawsheen School.
2. Constructing a new 12 room elementary school with playroom in the Whipple Road - Pine Street area.
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3. Expanding the High School building to a 750 pupil junior high school.
4. Constructing a senior high school on a separate site, said plans to be approved by the Massachusetts School Building Assistance Commission, or take any other action relative thereto. 1954 School Building Committee
Voted: To adopt.
ART. 16. To see what sum the town will vote to transfer or raise and appropriate to carry out the purposes of the preceding article or take any other action relative thereto. 1954 School Building Committee
Voted: To adopt and transfer $50,000 from E & D.
ART. 17. To see what sites the town will vote to acquire by pur- chase or eminent domain for school purposes and to see what sums of money the town will transfer or raise and appropriate for the same or take any other action relative thereto.
1954 School Building Committee
Voted: That the Board of Selectmen be authorized to ac- quire, or take by purchase or eminent domain for school purposes to include the erection of a school house upon the recommendation of the 1954 School Building Committee, the following parcel of land now owned by Thelma Whitehouse and described as follows: Land with buildings if any located on the North side of Chandler, East side of Whipple, and West side of Pine Street containing twenty acres more or less. For further description see Assessor's records; and, that the sum of $10.00 be transferred from E & D for the purpose of carrying out provisions of this article. 2/3 vote.
ART. 18. To see if the Town will vote to raise and appropriate a sum of money for the purpose of erecting an addition to the present Shawsheen School, consisting of six classrooms and an additional playroom as required by the Massachusetts School Building Assistance Commission, and for the original equip- . ment of the same and to determine whether the money neces- sary for same be raised by taxation, by transfer of available funds in the treasury, or be borrowed under the authority of Chapter 44 of the General Laws or of Chapter 645 of the Acts of 1958 as amended, or take any other action relative thereto.
1954 School Building Committee
Voted: That the sum of $107,920.00 be transferred from E & D together with a sum of money now available to the School Committee under the provisions of Public Law 815, which sum is $72,080.00 to be used in carrying out the provisions of Article 18. Majority vote.
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ART. 19. To see what sum of money the town will vote to transfer from E & D for the purpose of surveying for sidewalks on the following streets:
Shawsheen Street from Main Street to Whipple Road, Patten Road from Shawsheen Street to Whipple Road, Foster Road from Shawsheen Street to Chandler Street, or take any other action in relation thereto.
Sidewalk Committee
Voted: That survey work be referred to the Highway Com- missioners for study and to report back to next town meeting.
ART. 20. To see if the Town will vote to raise and appropriate or transfer from E & D the sum of $3,000 for a survey by a recog- nized public water system engineer, for the purpose of locating new well fields and to make a report at the next annual town meeting. Said sum to be expended by the Water Com- missioners. Water Commissioners
Voted: Indefinitely postponed.
ART. 21. To see if the Town will vote to transfer to the jurisdic- tion of the Playground Commission, the parcel of land on the Northerly side of Andover Street, containing 8.25 acres, former- ly owned by Max Newcity, to be used for such public, recrea- tional, social and educational purposes as said commission shall deem proper, and the Moderator is further authorized to ap- point a representative from the Boy Scouts, Girl Scouts and 4-H Club, to the Playground Commission, or take any other action in relation thereto. Board of Selectmen
Voted: To adopt. Committee appointed Marguerite Tibbets, Harold F. Dow and John H. Hart.
With the permission of the assembly Mr. William Dewing spoke in appreciation of the effort and good judgment shown by Dr. Edward G. Thistle as Superintendent of Schools. A rising vote of thanks was given Dr. Thistle.
Meeting adjourned at 10:50 P. M.
Attest: ALICE A. PIKE Town Clerk
And you are directed to serve this Warrant, by posting attested copies thereof upon the Town Hall and in the Post Office and by leaving at least five hundred (500) copies at the Post Office and at
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the Town Hall in said Town, seven (7) days at least before the time of holding said meeting.
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 28th day of August in the year of our Lord, one thousand nine hundred and fifty-six.
VICTOR N. CLUFF JOHN D. SULLIVAN JOSEPH J. WHELAN GEORGE A. O'CONNELL JOHN H. HART Selectmen of Tewksbury
A true copy. Attest:
WALTER JOP, Constable of Tewksbury
Tewksbury, Mass., September 5, 1956 Middlesex, ss.
By virtue of this warrant, I this day at 9:30 A. M. served the within warrant by posting up true and attested copies thereof upon the Town Hall and Post Office, leaving at least 500 copies at the Post Office and Town Hall in said Town of Tewksbury seven (7) days at least before the time of holding said meeting.
WALTER JOP Constable of Tewksbury
A true copy. Attest: ALICE A. PIKE, Town Clerk
SPECIAL TOWN MEETING
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Warrant and Action Thereon
Middlesex, ss.
December 12, 1956
To either of the Constables of the Town of Tewksbury in said County:
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of
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Tewksbury, qualified to vote in Town affairs, to meet and assemble at Town Hall in said Tewksbury on Wednesday, the 12th day of December, 1956 at eight o'clock P. M. to act on the following articles :
Meeting was called to order at 8 P. M. by the Town Clerk. Mr. Alan Qua was elected Moderator pro tem in the absence of Mr. Gaffney and sworn by the Town Clerk. Also John J. Kelley and Joseph A. Aubut were duly sworn to act as tellers during the meeting.
Count of voters present showed 135 whereas the number re- quired is 208. A thirty minute recess was declared in order to obtain the necessary quorum. At 8:35 there still lacked 33 persons of a quorum and a second recess was declared until 9:10 when the tellers announced a count of 224 persons present.
The meeting proceeded at this time and the articles acted on as follows:
ART. 1. To see if the town will vote to transfer the sum of $4,000 from the E & D Account to the Charities Operating Account of the Welfare Department or take any other action relative thereto. Board of Public Welfare
Voted: To adopt this article.
ART. 2. To see if the town will vote to transfer from E & D the sum of $1,250 ($350 to salary account and $900 to the opera- ting account) to the Fire Department budget or take any other action relative thereto. Fire Department
Voted: To transfer from E & D the sum of $350 to the Salary Account of Fire Department and $586 to the Operating Account.
ART. 3. To see if the town will vote to transfer from E & D the sum of $1,430 ($900 to salary account and $530 to the opera- ting account) to the Police Dept. budget or take any other action relative thereto. Police Department
Voted to transfer from E & D the sum of $900 to salary accouni of Police Dept. budget and $530 to the operating account.
ART. 4. To see if the town will vote to authorize the Board of Selectmen to appoint a committee to study the possibility of building a new police station and report at the next annual town meeting or take any other action relative thereto.
Board of Selectmen
Voted: To authorize the Board of Selectmen to appoint a com- mittee to study the possibility of building a new police station and report at the next annual town meeting.
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ART. 5. To see if the town will vote to transfer the sum of $400 from the operating expenses to salary account of the Tree Department or take any other action relative threto.
Tree Department
Voted: To adopt this article.
ART. 6. To see if the town will vote to transfer from E & D the sum of $150 to the Board of Appeals for clerical expenses or take any other action relative thereto. Board of Appeals Voted: To transfer from E & D the sum of $150 to the Board of Appeals for clerical expenses.
ART. 7. To see if the town will vote to transfer from E & D the sum of $150 for hydrant snow removal. Board of Selectmen
Voted to transfer from E & D the sum of $150 for hydrant snow removal.
ART. 8. To see if the town will vote to transfer from E & D the sum of $75 to the Dog Officer Account. Dog Officer Voted: To transfer from E & D the sum of $75 for the Dog Officer Account.
ART. 9 To see if the Town will vote to transfer from E & D the sum of $750 to the Selectmen's Operating Account or take any other action relative thereto. Board of Selectmen
Voted: To adopt this article and transfer $500 from E and D to the Selectmen's Operating Account.
Meeting adjourned at 9:32 P. M.
Attest: ALICE A. PIKE Town Clerk
And you are directed to serve this Warrant, by posting attested copies thereof upon the Town Hall and in the Post Office and by leaving at least five hundred (500) copies at the Post Office and at the Town Hall in said Town, seven (7) days at least before the time of holding said meeting.
HEREOF FAIL NOT, and make due returns of this Warrant,
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with your doings thereon, to the Town Clerk at the time and place of Meeting as aforesaid.
Given under our hands this third day of December in the year of our Lord one thousand nine hundred and fifty-six.
VICTOR N. CLUFF GEORGE A. O'CONNELL JOHN H. HART JOHN D. SULLIVAN Selectmen of Tewksbury
A true copy. Attest:
WALTER JOP, Constable of Tewksbury
Tewksbury, Mass., Dec. 5, 1956
Middlesex, ss.
By virtue of this Warrant, I this day at 10:00 A. M. served the within Warrant, by posting up attested copies thereof at and upon the Town Hall and Post Office, by leaving at least five hundred copies at the Town Hall and Post Office in said Town of Tewksbury seven (7) days at least before the time of holding said meeting.
WALTER J. JOP Constable of Tewksbury
A true copy. Attest:
ALICE A. PIKE, Town Clerk
VITAL STATISTICS
Births, Marriages and Deaths Recorded for 1956
Births
394
Males
181
Females 213
Marriages
98
Deaths
91
Males
53
Females 38
1955 Births Received and Recorded in 1956
Males
13
Females
9
ALICE A. PIKE
Town Clerk
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THE TOWN CLERK HEREBY GIVES NOTICE THAT SHE IS PREPARED TO FURNISH PARENTS, HOUSEHOLDERS, AND PHYSICIANS, APPLYING THEREFOR, BLANKS FOR THE RETURN OF BIRTHS AS REQUIRED BY LAW.
FINANCIAL REPORT
Received and paid the Town Treasurer for licenses,
permits, recording fees, etc. $2,398.00
Received and paid the Town Treasurer for dog licenses 2,765.50
Received and paid the Division of Fisheries and
Game for sporting licenses 2,765.50
Total $7,647.70
ALICE A. PIKE, Town Clerk
REPORT OF BOARD OF REGISTRARS
The Board of Registrars held numerous meetings in addition to their regular meetings in 1956 due to the state and presidential primaries and the November state and presidential election.
Public registrations were held at the Shawsheen School and Town Hall as required by law before each election. Also many persons registered at the office of the Town Clerk.
Following the annual election of town officers, petitions for recount of votes cast for the offices of Selectman for three years, School Committee for three years and Planning Board for one year were filed with the Registrars and in compliance thereto a recount was held at the Town Hall on March 28th when votes were recount- ed for all three offices. Minor changes were made but the original results of the election officers remained unchanged.
Annual listing of persons over twenty years and all dog owners was carried out under the supervision of the Registrars.
In June the voting list was revised by striking off those who had died, moved away or changed their names through marriage. Those who appeared to have left town were duly notified.
A decided increase was noted in the number of voters during the past year when a total of 5,195 was reached before the Novem- ber election. Check lists showed 3,693 in precinct 1 and 1,502 in precinct 2 at the close of registrations on October 5th.
HERBERT A. FAIRBROTHER, Chair. WILLIAM H. BENNETT GEORGE J. McCOY ALICE A. PIKE, Clerk
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REPORT OF TREE AND MOTH DEPARTMENTS
To the Honorable Board of Selectmen
Gentlemen:
I would like to take this opportunity to thank the Board for its cooperation and understanding it has extended throughout this past year.
We have removed all known Dutch Elm Disease trees which are on the roadside. I am happy to report Dutch Elm was not on the increase this year. We had approximately forty-three trees which were cut down and burned as prescribed by law.
The new Thee Department truck has saved us many hours of heavy lifting. This truck is the most modern tree truck in the surrounding towns and cities. I would also like to thank the voters of the town for granting this piece of equipment.
Japanese Beetles are getting to be a major problem. This department will spray some of the heavily infested areas this coming year. This is also a reminder to the home owners, to get out and spray their lawns with either Chlordane or try to acquire Milky Disease Spore Powder, which is natural control.
We had a very busy year spraying Poison Ivy. There wasn't enough money to do all we would have liked to do, however, we sprayed all within reason so as to give everyone who requested this spray, their share.
This Department also supervised Mosquito Control. I am sure the money was not wasted. The infection of the pesky insect would have been much greater if no spraying had been done. Many more communities will have Mosquito Control in the next few years. In this way the problem will be handled as a community program. Mosquito Control is comparatively new, especially in this area. It definitely works. Proper timing in spray application is a highly important factor. It takes less than four percent D.D.T. to kill wigglers or larvae in the water, as compared to twelve percent where the mosquito has reached adult stage.
I would like to take this opportunity to mention the great need of replanting of young trees. This could be a costly project for the town. We have an article going in the warrant for nursery stock this year, but a great deal can be done by the individual home
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owner. The proper trees planted around a home will beautify, give well needed shade and also increase the value of your home.
Plant a tree and make Tewksbury green.
In closing I would like to mention that this department always stands ready to give any assistance it can, if it is within the scope of the department.
Respectfully submitted, WALTER R. DOUCETTE Tree Warden Moth Superintendent
REPORT OF BOARD OF APPEALS
The year 1956 gave the town's Board of Appeals 32 requests for a variance from the Zoning By-Laws. The Board granted 27 cases and denied 5.
One request for relief, that was granted by the Board, brought opposition from certain individuals who failed to weigh all the facts. These individuals may have personal reasons for their actions- and didn't want to see justice done. These comments are in reference to the Miles Record case.
The Miles Record case also brought about considerable adverse publicity for the Board of Appeals - from such reporters who set themselves up as having the same legal knowledge of an honor- able judge of the supreme court.
The only purpose of this report, and for the Board of Appeals, is to inform the townspeople of all the true facts in the Record case.
First, we should consider what a Board of Appeals is - and what its powers and functions are.
The first Zoning Law was passed by the State Legislature in 1920. Zoning is an exercise of the police power and is subject to all of the constitutional limitations which are applicable to other forms of regulation under the police power, namely, that they must not take or destroy private property, they must be enacted in behalf of the public health, morals, safety, or welfare, and they must not discriminate arbitrarily between persons and property of like character.
It can safely be said, that zoning regulations could not be suc- cessfully imposed if there were not provided some means of re- lieving owners of land from the hardships that occasionally arise
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from the strict application of the law. However carefully the ordinance, or By-Law, is drawn and however fairly and judiciously it is administered, special cases are bound to arise, in which the literal application of the law will deprive the owner of all, or almost all, beneficial use of the land and at the same time the provisions of the law could be waived in some particulars without great detriment to the public interest. Unless some means of re- lieving this situation could be devised, not only would zoning get a bad name through the unnecessary ruin of many good citizens, but the law itself would be held unconstitutional in so many par- ticular instances that it might finally be held to be void altogether. Since, however, these cases of unnecessary hardship may arise under so many wholly different circumstances it would be impossible to frame legislation specifying the conditions under which the provi- sions of zoning regulations would be varied. For this purpose, therefore, we must have a government of men, and not laws, and the power to vary the zoning regulations must be granted to some tribunal clothed with authority to grant dispensation when in its judgment the regulations ought not to be applied literally. When the legislature passed the zoning law they saw the need for such a tribunal, thus creating Boards of Appeals and granting them the power to vary.
The power to grant variance is established in Chapter 40 - General Law and reads as follows: To authorize upon appeal a petition where a particular use is sought with respect to a particular parcel of land, a variance from the terms of the applicable zoning ordinance where owing to conditions especially affecting such parcel of land but not affecting the zoning district in which it is located, a literal enforcement of the provisions of the ordinance would involve substantial hardship to the applicant and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance.
Mr. Record filed a petition for a variance with the Board of Appeals on August 17, 1956. His petition was properly filed with the Board and met all the requirements of the Board. Mr. Record purchased his land in 1954 at a cost of $21,000.00. He had the land properly engineered at a cost of $2,400.00 and spent $200.00 clearing the lots in question. He filed a preliminary plan with the Town Planning Board July 28, 1954. He filed his final plan October 19, 1954. The Town Planning Board held a hearing on his final plan December 28, 1954. His plan was approved by the Planning Board March 22, 1955, and recorded. Mr. Record bulldozed out streets and had stone bounds put in. Mr. Record requested the Town Water Department to install water mains in the streets which he paid for at a cost of $1,600.00. The Town holds a cash bond for $2,000.00 furnished by him to assure that the streets will be properly brought up to grade and finished at Mr. Record's expense. Mr. Record went
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further and had the Lowell Electric Company install power and light poles and wires at his expense.
Considering the above facts it could be properly argued that the subdivision made and planned by Mr. Record a few years ago is a legal one because the plan of the subdivision had been duly recorded, at the Registry of Deeds long prior to the adoption of the one acre lot. Mr. Record formulated certain plans for the use of this land beginning July 28, 1954 and from that date on has been working to carry out said plans. To deny him relief at this time would result in interference with the contemplated use of the premises consistent with long formulated plans. This was not a case of trying to jump the gun or to be a new by-law - but rather to conform to the rest of the lots and houses on the same street which are of a like size and nature.
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