USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1955-1960 > Part 17
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There are those that will cry that the Board of Appeals in granting relief in this case was not carrying out the will of the people. This is not so. At the public hearing held September 19, 1956, the night Mr. Record's application was acted on, the Board acted on 13 other applications of which none were challenged. Mr. Record's application was challenged. Why? It should be pointed out here that the majority of those present that evening, expressed a desire that the Board grant Mr. Record relief.
There are those who cry that the Board of Appeals refused to recognize their obligation to the people of the Town and that the Board was not carrying out the will of the people. THIS IS NOT A TRUE STATEMENT. The Board of Appeals, by its very nature, is a Board set up by an act of Legislature with Authority to review a decision made by some officer of the town. It is a Board sworn to see that justice is done - and is subject to review by a higher tribunal itself. It has been stated that the Board of Appeals cannot grant a variance which nullifies the purpose of Zoning and that the decision given in this case established a precedent.
In quoting the law once again: The power to grant a variance is established by state law and reads as follows: To authorize upon appeal or petition where a particular use is sought wih respect to a particular parcel of land, a variance from the terms of the applic- able zoning ordinance, where owing to conditions especially affect- ing such parcel of land but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance would involve substantial hardship to the appli- cant and where desirable relief may be granted without substantial detriment to the public good and without nullifying the intent and purpose of such ordinance.
As to setting up a precedent, every application presented to the Board of Appeals is considered by the Board on its own merits and the particular circumstances surrounding it. This procedure fol- lowed by the Board does not set up a precedent.
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As to the statement made, that the Board of Appeals acted outside of its Authority, certain individuals prevailed on the majority of the Board of Selectmen to authorize the Town Counsel to enter an Appeal and Petition for Review in Superior Court in Equity for the purpose and intention of reversing the decision of the Board of Appeals. Later, the Majority of the Board of Selectmen with their broad knowledge and experience in town government and court cases voted to withdraw action in superior court feeling it was in the best interests of the town to save the town the money that would have to be spent - up to $2,000.00. Later the majority of the Board of Health voted to appeal the case to superior court being represented by counsel other than the Town Counsel. A motion was filed in superior curt in Equity, November 19, 1956, with the honorable Judge Good on the bench. Judge Good after acquainting himself with all the facts on both sides of the case denied the motion. The records show the motion was denied on December 20, 1956.
It is therefore reasonable to assume that Qudge Good would not deny the motion if he did not think justice was done.
It has always been the aim of the present Board of Appeals to consider every application made to the Board on circumstances surrounding it, and at the same time, to render a decision that will be fair to the town and the applicant alike.
The Board regrets that certain individuals, possibly seeking political prestige, would attempt to convey the impression to the townspeople that their Board of Appeals is not looking out for their interests. The Board will continue to grant relief, when in its opinion, relief is warranted - and will apply conditions when necessary. It will also deny relief, when in its opinion, relief should be denied.
DANA F. PERKINS
JOHN J. COONEY PHAIDA J. ROUX
Board of Appeals.
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REPORT OF TRUSTEES OF THE PUBLIC LIBRARY
The Trustees of the Public Library submit the following report:
The work of the Library is contained in the Librarian's report and the expenditures in the Auditor's.
Because of the increasing number of new patrons it was decided to open the Library one extra evening each week.
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 Town Warrant asking for the continued appropriation of $1,300. and the money received from the Dog Tax be granted.
Respectfully submitted, HAROLD H. SLOAN, Chair. MARIAN E. FRENCH, Sec'y EDGAR SMITH HAROLD J. PATTEN
DOROTHY FITZGERALD HARRY PRIESTLEY
REPORT OF THE BOARD OF PUBLIC WELFARE
Category
Cases Opened
Cases Closed
Referrals or Denials
Active Cases Active Cases
1-1-55
1-1-56
Cases Pending
O. A. A.
21
19
5
124
126
2
A. D. C.
6
7
8
22
21
1
D. A.
9
8
6
13
14
1
G. R.
37
41
20
11
7
0
Total
73
75
39
170
168
4
Changes in Law:
Chapter 653 of the Acts of 1956 extends the Old Age Assist- ance law to cover aliens who have been residents of the United States for a period of twenty years and who are otherwise eligible for Old Age Assistance.
Chapter 118 of the General Laws requires that whenever the cost of living shows an increase of 5% or more, an adjustment will be made in the budgetary standards of recipients of Old Age
63
Assistance, Aid to Dependent Children, and Disability Assistance to reflect such change. In compliance with this law, the State Department of Public Welfare in a letter dated June 7, 1956 effec- tive July 1, 1956, directed that the budgetary standards of these categories would be increased to 20% based on a change in the cost of living from August, 1951 to May, 1956 of 5.07%.
The above two changes in law will be felt mainly on Old Age Assistance and, based on the current case load, will require an increase of approximately $7,000.00 over the estimate for 1956. The total case load in 1957 should remain about the same as in 1956, unless there is some sudden change in the present economy. Lien Act:
Recoveries were made under the Lien Act totaling $3,705.55.
GEORGE A. O'CONNELL, Chairman Board of Public Welfare
REPORT OF THE BUILDING INSPECTOR
To the Honorable Board of Selectmen:
The Building Department herein submits the following report, with recommendations for the year ending December 31, 1956.
The Building Department has had a very busy year, due to the accelerated pace of building at the onset of the year and the many changes in our Building-Zoning and By-laws, which require con- stant policing.
The year 1956 gave Tewsbury a building index of 60 (the lower the index, the higher the rate of home building. An index below 100 indicates in-migration and growth, an index below 50 suggests major growth. The index is determined by dividing the total civilian, non-institutional population by the number of permits issued in a given year).
For sixteen months, prior to April 18, 1956 (at which time a proposed zoning change was posted) permits for new dwellings were issued on an average of 48 per month. From April 18 to December 31, 1956, permits were issued on an average of 5 per month. If continued, at this level, the building index for 1957 would be 192. All permits issued after April 18, 1956 utilized one acre of land or were granted by the Board of Appeals.
On January 1, 1957 there were 133 homes in some phases of construction, or completed, but not inhabited.
There are 255 camps or "summer homes" now in our town that are not inhabited, of which there is a noticeable increase in the
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change of owners and the conversion of these camps or "summer homes" to permanent homes.
If we are to balance the housing scale, which, on one side, we have the great number of moderate priced homes, that have been built in the last 5 years; on the other side, we must encourage the type of home that would bring in revenue, that would exceed its cost to the town. We are now starting, slowly, in this direction. The average cost per home, for permits issued in the last six months, has increased by $2,400.00 due partly to the general increase in cost, but further due to the tightening of our Building and Zoning Laws, which in turn, means increased tax revenue.
Working constantly with the Building Program and realizing the necessity for modern, adequate Zoning and Building Laws, if we are to take our place along with our neighboring towns, in both industrial and residential expansion, this department recommends an accelerated effort in the re-zoning of our town, with emphasis on the re-zoning of Main Street, to establish a substantial frontage to allow for adequate parking facilities. This should be done before too many permanent buildings are constructed, for which plans are now formulating.
This department has received many comments and complaints on the number of homes that were started after April 18, 1956.
I would like, at this time, to inform those who were justifiably concerned, that this department carried out the enforcement of the law, to the letter.
Many permits were issued several days before, and up to 4:30 P. M. on April 18, 1956. All monies received, up to that time, were turned in to the Town Treasurer on the same day, which became a permanent record, with date, name, amount, etc.
Permits issued on April 18, 1956 continued in force, without the applicant commencing work, until October 18, 1956.
This conversion and change in law could have resulted in much confusion and litigation, involving the Town, had it not been car- ried out in the proper manner.
PERMITS ISSUED IN 1956
Estimated cost to build
New Dwellings
183
$ 2,000,800.00
Alterations and Additions
56
66,175.00
Garages
31
27,100.00
Assembly Plant
1
100,000.00
Retail Stores
2 21,500.00
New Elevator
1
9,000.00
Green Houses
2
6,000.00
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Move Building Miniature Golf
1
2,500.00
1
1,200.00
Temporary Building
1
600.00
Demolish Building
10
..
Total Taxable
$ 2,234,875.00
Municipal Building:
Schools
1
$ 815,599.00
Pumping Station
1 10,793.00
Total Non-taxable
$ 826,392.00
With an earnest desire to see our town grow and prosper, this report is
Respectfully submitted, RALPH W. PETERS Building Inspector
REPORT OF THE PLANNING BOARD
January 15, 1957
Board of Selectmen
Tewksbury, Massachusetts
Gentlemen:
We wish to submit our report as follows:
In 1956 the following subdivision plans were approved:
Shady Lane Park 24 Lots
Sullivan Village
39 Lots
River Park
61 Lots
Campbell Village 26 Lots
Galilean Acres
10 Lots
Millstone Village
57 Lots
Windward Homes
11 Lots
Ames Lake Estates 38 Lots
Suburban Estates
24 Lots
Hinton Heights 5 Lots
Since the Acre Lot went into effect we have only received one preliminary plan for subdivision containing 15 lots of one acre or more.
Early in the year the Planning Board laid tentative plans to have the Town surveyed by a Professional Planning Group. Many other Towns had the same idea with the result that it was very
66
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soon apparent that competent planners were definitely in demand and not too easy to obtain.
The Board consulted with the State Depeartment of Commerce and through them learned that the Federal Government under the Housing Act of 1954, Public Law 560, 83rd Congress, Title 7, Sec- tion 701, would pay for one-half of the project cost, providing that they had approved the project before any work was done on the project. Any money spent on the project before approval would not be matched.
The Planning Board due to the urgency of the situation in Tewksbury asked the Town to appropriate the money without waiting for Federal approval. Our first application for Federal money was made May 22, 1956. The approval for this money has not been made at the time this report is being written, over six months later.
Two special Town Meetings have acted on the matter of funds for this project, both times with restrictive clauses that prevented any action being taken until the Federal Funds are made available.
On July 12, 1956, we received a proposal from the Technical Planning Associates stating what they could do for the sum $10,500. The proposal read as follows:
"Following my meeting with your Board last week, I am sending you herewith our proposal for a planning program for Tewksbury, which we understand you wish to undertake with assistance from the Federal Government under its Title VII program.
1. Base Map. We will prepare a base map of the Town at a scale of one inch to eight hundred (800) feet, showing streets, watercourse, lakes and similar features.
2. Topography and Drainage. On one copy of the base map we will show the topography taken from the U. S. Geological Survey maps. We will also make a study of the drainage areas in the Town, which will be indicated on a copy of the map.
3. Existing Land Use. We will prepare a map showing the basic pattern of land use at present, including areas used for residence, business, industry, parks, schools, institutions, etc. We will also compute the approximate acreage occupied by these uses.
4. Suitablility of Land. We will prepare a map showing land which is topographically unsuited for development, slopes over 15 percent, swamps, land already developed, reservations and the remaining land which is suitable for intensive development.
5. Population Study. We will make a study of population trends of the Town and surrounding region, and will prepare estimates of the future population to be expected for planning purposes. We will study the present distribution of population in the various neighborhoods.
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6. Community Facilities and Utilities. We will prepare maps showing the locations of schools, libraries, parks, playgrounds, principal church and institutional property, municipal adminis- trative and service uses and other land in public ownership. We will prepare maps showing the extent of public water supply and sewerage systems.
7. Economic Pattern. We will make a study of the trends of Town finances, including assessed valuations, Town income and expenditures, tax rate and bonded debt. We will also make a study of the trends of retail business and industry including employment, within the Town and surrounding area.
8. Present Traffic. We will make a study of the present traffic pattern, together with the locations of principal traffic problems.
9. Neighborhood Studies. We will make studies of the present neighborhoods into which the Town is divided, to show their present land areas, the areas suitable for future development, the present population and the population to be expected under proposed densities. This will be further analyzed to indicate the number of school children to be expected in each neighbor- hood as a basis for study of school needs.
10. Proposed Land Use. We will make a study of proposed land use in the Town indicating areas to be devoted to residence, business, industry and other uses. This will be closely related to the neighborhood studies previously mentioned. It will in- dicate the amount of land proposed for various uses. It will make special note of potential commercial and industrial development.
11. Proposed Community Facilities. We will prepare a study of school needs, based on the previous neighborhood studies. This will also include a study of present school facilities and sites and will include recommendations for new sites or addi- tions to existing ones. We will also prepare a study of other community needs such as recreational or administrative.
12. Proposed Municipal Utilities. We will make a study to indicate the areas needing extensions of public water and sewerage systems.
13. Circulation Plan. We will review plans of the Public Works Department for major thoroughfares affecting Tewks- bury and will consult with that Department as necessary. We will study the needs of local circulation and will prepare the plan of thoroughfares and principal feeder streets for the Town, including recommendations for future improvement to exist- ing routes as well as new routes.
14. Zoning. We will review the present zoning and will rec- ommend revisions in line with the proposed plan. From the previous studies of topography, drainage and suitability of land, we will be in a position to recommend areas to be zoned as flood plains with special regulations for their use. These will
68
be prepared in consultation with your Board. We will also assist in presenting them to the public.
15. Subdivision Regulations and Building Code. We will assist you in making revisions to existing codes and in the preparation of new regulations as necessary.
16. Capital Budget Program. On the basis of the previous studies, we will prepare a recommended capital budget pro- gram and will assist you in establishing it. This will be based on financial studies previously mentioned.
17. Report. The work covered by this program will be pre- sented in a detailed report, with copies of all maps, tables and charts with descriptive text to be furnished in four copies. We will also prepare and furnish a summary report for public dis- tribution in five hundred (500) copies, containing copies of the most important maps.
18. Consultation. We will be prepared to attend meeting of your Board or other meetings as seems desirable in the inter- ests of the program, averaging once a month during the prog- ress of the work.
19. Timing of Program. We have set up this program to be done according to a schedule to be agreed upon between your Board and ourselves, lasting from twelve (12) to eighteen (18) months.
We propose to perform the services hereunder for the sum of Ten Thousand Five Hundred Dollars ($10,500.00)."
As we could not enter in a contract for the entire amount of $10,500, we decided to use the $1,500.00 which was appropriated for professional services that the Planning Board had in its budget. The Technical Planning Associates on August 29, 1956, submitted a new proposal, stating what they would do for $1,500.
The text of this proposal follows:
"We propose to perform the following services as the first phase of the complete planning program which was described in our letter to you of July 12, 1956.
1. We will prepare a map showing the basic pattern of land use at present, including areas for residence, business, industry, parks, schools, institutions, etc. We will also compute the ap- proximate acreage occupied by these uses.
2. We will prepare a map showing land which is topographi- cally unsuited for development, slopes over 15 percent, swamps, land already developed, reservations and the remaining land which is suitable for intensive development.
3. We will make preliminary studies of population trends to indicate the probable future population to be considered in the present zoning plans.
4. We will make a preliminary review of your present zoning by-laws and maps and will give you interim recommendations concerning them, with suggested changes, to apply pending the completing of final studies under the full planning program.
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We will commence this work immediately and will complete it within two months. We propose to perform the above services for the sum of Fifteen Hundred Dollars ($1,500.00), payable $500 on September 15, 1956, $500 on October 15, 1956, and the balance on completion. The sum of $1,500 is to be deducted from the proposal submitted to you on July 12, 1956 and all services in- cluded in that proposal which are not covered by the present letter will be performed for the sum of $9,000.00, if we are authorized to proceed herewith prior to March 1, 1957. This contract is subject to all legal appropriations made by the Town for this purpose for which the undersigned assume no responsibility."
This agreement was signed and the Technical Planning Asso- ciates went to work. Mr. Moore of the Technical Planning Asso- ciates has prepared Maps showing Existing Land Use, Buildable Areas, Distribution of Dwellings, and Neighborhood Dwellings Distribution. He has gone over many of the problems that the Town needs to consider during several meetings with the Planning Board.
The Planning Board is definitely handicapped to make recom- mendations in regards to planned zoning that will allow for the best growth of the Town, industrially and otherwise. The Board has tentatively in mind several tracts of land that might well be zoned for various types of industry that the Town needs so badly. This should not be done however without looking at the complete town which is the reason for the survey to be made by the Techni- cal Planning Associates. We hope that the delay we are experien- cing will not permanently hinder the prospects of getting industry into Tewksbury. A well zoned Town is necessary to attract new concerns to come within its borders.
Many mistakes have been made in the development of Tewks- bury in the past such as has been brought to our attention by the Town Planner, Lawrence Moore, that the North Street School and the Shawsheen School are not properly located for the best interests of the Town. Do we want to continue to make expensive mistakes? The new School that is being built on Shawsheen Street is well located in that most of the children attending this School will be within walking distance. New School sites are being looked at in relation to the present population and future population trends of the Town.
Resignation of John Belton was accepted and the vacancy was filled by David Beattie to replace Mr. Belton by a vote taken at a joint meeting of the Planning Board and the Board of Selectmen.
Respectfully submitted, WILLIAM B. CARTER, Chairman ROGER F. LAFRENIERE, Clerk JOHN J. COONEY THOMAS SAWYER DAVID BEATTIE
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REPORT OF THE DOG OFFICER
To the Board of Selectmen
Town of Tewksbury, Mass.
Gentlemen:
The following is my report as Dog Officer for the year ending December 31st, 1956.
Kennel Licenses 13-$10.00 1-$25.00
Dogs licensed
1090
Dogs sheltered
79
Dogs destroyed
57
Dogs returned to owners
22
Telephone calls 737
Investigations (Licenses) complaints of barking
dogs, killing chickens, rabbits destroying property, etc.
832
Respectfully submitted, LESLIE COLLINS, Dog Officer
REPORT OF THE INSPECTOR OF SLAUGHTERING
January 4, 1957
To the Board of Health
Tewksbury, Mass.
Slaughtered January 1st to December 31st, 1956
Cattle
818
Calves
276
Hogs
479
Sheep
29
Goats
8
Total
1610
Condemned Stock for 1956
Cattle
14
Calves
27
Hogs
3
Sheep
3
Goats
0
Total
47
1
Respectfully submitted, JOHN J. GRAY Inspector of Slaughtering
71
REPORT OF THE CHIEF OF POLICE
I respectfully submit the following annual report of the Tewks- bury Police Department:
Complaints received and investigated
1432
Auto accidents investigated
149
Summons served
264
Public functions covered
59
Funerals Policed
28
Messages delivered
609
Dog bite cases investigated
56
Dogs struck by automobiles
133
Sudden deaths investigated
14
Doors and windows found open
161
Snow and Ice on Highway
29
Lights out, poles or wires down
49
Missing persons in Tewksbury
102
Missing persons elsewhere
8
Cars stolen in Tewksbury
9
Cars stolen elsewhere
12
Hearings at office
10
Investigations for other departments
171
Registration plates checked
80
Car registration or ownership transferred
314
Sessions at Lowell District Court
54
Sessions at Superior Court Lowell
1
Sessions at Superior Court Cambridge
19
Ambulance Calls
38
Vacant properties checked
247
Fires Policed
89
Transported to Hospital
193
Air signals, White Alert
57
Committed to Worcester State Hospital
2
Admitted to Tewksbury State Hospital
5
Revolver licenses issued
66
Auto Accidents reported at Office
61
Permits issued to purchase arms
3
Traffic Duty ...
;
152
72
Defective equipment tags
18
Licenses suspended
36
Number plates suspended Trailer Permits issued
5
17
Merchandise recovered
$57,552.49
Total Number of Arrests
Drunkenness
47
Assault and Battery
8
Threatening Bodily Harm
2
Operating motor vehicle after suspension of license
3
Failing to stop for a School Bus
14
Failing to display an inspection sticker
17
Violation of speed laws
15
Operating motor vehicle under influence of liquor
6
Operating un-registered motor vehicle
2
Operating motor vehicle with wrong plates
2
Breaking and entering in the night time
2
Larceny
11
Stubborn child
1
Non-support
5
Malicious injury to property
1
Indecent assault and battery
2
Carrying arms in motor vehicle without a license
1
Concealing stolen motor vehicles
9
Conspiracy to defraud insurer
7
Conspiracy to receive stolen goods
5
Larceny of a motor vehicle
1
Leaving the scene of an accident
1
Total
162
Disposition of Cases
Guilty
45
Not Guilty
1
Released
29
Fined
59
Nolle Prosequi
6
Filed
11
For other Police Departments
4
Pending
4
Dismissed
3
Total
162
JOHN F. SULLIVAN Chief of Police
73
REPORT OF THE BOARD OF HEALTH
During the year 1956, the Board of Health for the first time, has held regular meetings on the first and third Tuesday of every month. Previously, health problems and business were taken care of during Selectmen and Welfare meetings.
At the present time we have a Sanitary Inspector for the pur- pose of installation and inspection of sewage disposal systems. We are contemplating a Sanitarian and Milk Inspector, with whom conferences have been held.
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