USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1955-1960 > Part 29
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80
30
ART. 33. To see if the Town will vote to authorize the Board of Water Commissioners to proceed forthwith, to notify the Town of Billerica that the contract dated July 30, 1953 to furnish water will expire on July 31, 1958 and that no renewal of the same is contemplated or take any action in relation thereto.
Water Commissioners
Voted to adopt. Unanimous vote.
ART. 34. To see if the Town will vote to raise and appropriate or transfer from E & D the sum of $5,000.00 for a survey by a recognized 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 Commissioners.
Water Commissioners
Voted to indefinitely postpone.
ART. 35. To see if the Town will vote to raise and appropriate the sum of $50,000.00 for the purpose of new installations of water services to dwellings or other buildings, and including subdivisions, and provided that the cost of said installations has been first deposited with the Town Treasurer and applied to estimated receipts and to authorize the Water Department to do such work and expend such money in the event said entire sum is not re- quired for said installations, the unexpended balance shall likewise be credited to estimated receipts, or take any action in relation thereto. Water Commissioners
Voted to adopt this article and amend by striking out "and in- cluding subdivisions". In favor of amendment 108, opposed 66.
ART. 36. To see if the Town will vote to raise and appropriate the sum of $1,000.00 for the relocation of water pipes in Shawsheen Street, and to authorize the Water Department to do such work and expend such money. Water Department
Voted to adopt and raise and appropriate $1,000.00 for same.
ART. 37. To see if the Town will vote to raise and appropriate the sum of $5,000.00 or any other sum for the purpose of installing a public water main in Pine Street for a distance of approximately 1,000 feet, and to authorize the Water Department to do such work and expend such money or take any other action relative thereto. Water Commissioners
Voted to indefinitely postpone.
ART. 38. To se if the Town will vote to raise and appropriate the sum of $1,000.00 for the removal of snow from fire hydrants, under
31
the supervision of the Board of Water Commissioners, or take any action in relation thereto. Water Commissioners
Voted to adopt and raise and appropriate $500.00 for same.
ART. 39. To see if the Town will vote to raise and appropriate the sum of $350.00 for the purpose of installing 100 feet of six inch water pipe in Kingfisher Road to the residence of Lester Pye, Jr., providing that cost of said water installation has been first deposited with the Town Treasurer and applied to estimated receipts and to authorize the Water Department to do such work and expend such money, or take any action in relation thereto.
Voted to adopt and raise and appropriate $350.00 for same. Unanimous vote.
ART. 40. To see if the Town will vote to authodize the Planning Board to transfer the sum of $300.00 to the Board of Road Commis- sioners, from the money in the John D. Cooke account, now on deposit with the Town Treasurer, to be expended by the Road Commissioners for the construction, repair and resurfacing of a portion of Grasshopper Lane, or take any action in relation there- to. Planning Board
Voted to authorize the Planning Board to transfer the sum of $300.00 to Board of Road Commissioners from money received from John D. Cooke, now in Planning Board Deposits Account, on deposit with the Town Treasurer, to be expended by the Road Commissioners for the construction, repair and resurfacing of a portion of Grasshopper Lane.
ART. 41. To see what sum of money the Town will vote to raise and appropriate to provide adequate controls of the heating system at the Town Hall so that each office may be properly heated.
Planning Board
Voted to indefinitely postpone. (Acted on under Art. 4)
ART. 42. To see if the Town will vote to raise and appropriate or transfer from E & D the sum of $500.00 for safety signs, or take any other action relative thereto. Board of Selectmen
Voted to adopt and raise and appropriate the sum of $500.00 for same.
ART. 43. To see if the Town will vote to raise and appropriate or transfer from E & D the sum of $650.00 for Town Hall repairs or take any other action relative thereto. Board of Selectmen
Voted to adopt and raise and appropriate $650.00 for same.
32
ART. 44. To see if the Town will appropriate the sum of $400.00 for Poison Ivy Control or take any other action relative thereto.
Walter R. Doucette, Tree Warden
Voted to adopt and raise and appropriate $400.00 for same.
ART. 45. To see if the Town will raise and appropriate the sum of $300.00 for Nursery Stock or take any other action relative thereto. Walter R. Doucette, Tree Warden
Voted to adopt this article and raise and appropriate $300.00 for same.
ART. 46. To see what sum of money the Town will appropriate to equip the Tree Dept. truck with a snowplow or take any other action relative thereto. Walter R. Doucette, Tree Warden
Voted to indefinitely postpone.
ART. 47. To see if the Town will vote to reimburse Charles Hazel $100.00 to cover expenses authorized by vote of the School Com- mittee in connection with his attendance at the National Con- ference of Directors of Athletics held in St. Louis, Mo. and take any other action relative thereto. School Committee
Voted to adopt and that the money be paid out of School Dept. budget.
ART. 48. To see if the Town will vote to increase the number of members on the School Committee from three to five in the fol- lowing manner:
in 1959 two members shall be elected for three years;
in 1960 one member shall be elected for three years ; member for one year;
in 1959 one member shall be elected for three years; thereafter, two members shall be elected each year for three years except that every third year one member shall be elected for three years. School Committee Voted to adopt.
ART. 49. To see if the Town will vote to transfer the balance amount- ing to $615.00 remaining in the North Street School Ditch Account set up under Art. 56 of the 1956 Annual Town Meeting to a School Playground Account for the purpose of improving the playing areas at the various schools, said work to be done under the direction of the School Committee and take any other action relative thereto. School Committee
Voted to adopt as written.
33
ART. 50. To see what sum of money the Town will vote to raise and appropriate to enable the Assessors to publish a real estate valuation book as required by Sec. 11 of Art. II of the by-laws, or take any other action relative thereto. Tewksbury Betterment Assn. Inc.
Article defeated. In favor 91, opposed 124.
ART. 51. To see if the Town will vote to adopt the following by-law: Art. 5. Sec. 2. No person shall serve on the Board of Appeals who holds any other elective or appointive town office or position, nor shall any person serve who received, or has received within the two preceding years, any direct or indirect financial benefit in any matter presented to the Board of Appeals for decision. Any violation of this by-law shall render such person liable to the penalties pro- vided under Sec. 6 of Art. 6. So. Tewksbury Betterment Assn.
Voted to refer to Planning Board and to hold hearings and report at the next Special Town Meeting. In favor III, opposed 77.
ART. 52. To see if the Town will vote to adopt the following by-law to be known as the Public Works By-Law, this by-law to become effective only after the acceptance of Sections 69C to 69F inc. of Chap. 41 of the General Laws, as provided therein.
DEPARTMENT OF PUBLIC WORKS
In accordance with the provisions of Section 21 of Chapter 40 and Sections 69C to 69F of Chapter 41 of the General Laws and by acceptance of Sections 69C to 69F of Chapter 41 of the General Laws at the Annual Town Meeting and Election on March 13, 1957, there shall be established in the Town of Tewksbury a Department of Public Works to become effective with and for the purposes of the Annual Town Election of March, 1958.
Board of Public Works - Powers and duties
The Department of Public Works, hereinafter referred to as the Department, shall be managed by a board of three commissioners chosen in accordance with Section 69D of Chapter 41 and, upon election and qualification, said board shall have all the powers and duties now, or from time to time, vested by General Laws or special act, in the following boards, departments and offices, to wit: - road commissioners, water commissioners, park commissioners, tree warden and moth superintendent.
Board of Public Works - Additional Powers
The Board shall have such additional powers as defined hereunder with respect to the furnishing of engineering services, the collection and disposal of rubbish and garbage, the maintenance and repair of all
34
town buildings, property and equipment, and the purchase of supplies, fuel or services as may be necessary for the operation, maintenance or repair of such buildings, property and equipment.
Superintendent - Qualifications
The Department shall be under the direct control of a Superin- tendent of Public Works who shall be a graduate civil engineer from an accredited college or university and shall have a minimum of five years of administrative and supervisory experience in the field of civil engineering or public works administration.
Major Divisions
In the Department there shall be established the following five major divisions :
1. Highways
2. Water
3. Buildings and Grounds
4. Equipment maintenance and supply
5. Engineering
The Superintendent shall, with the approval of the Board, desig- nate a supervisor for each division. In addition, he may establish such positions in each division as may be necessary to carry out the functions and responsibilities of the Department. He shall organize the Depart- ment so as to utilize manpower and equipment as efficiently as possible and may, as the need arises, make such transfers as may be necessary to accomplish this purpose.
Divisions - Specific Duties
The divisions shall perform the following functions and have the responsibilities indicated.
1. Highways.
a. Highway maintenance and construction.
b. Snow removal.
c. Forestry operation and insect control.
d. Surface drainage.
e. Sign and marker installation and maintenance.
f. Removal and disposal of dead animals on the highways.
2. Water.
a. Installation of services and extensions.
b. Meter reading and testing.
c. General water system maintenance.
d. Pumping out of flooded areas where the public safety is endangered.
3. Buildings and Grounds.
a. Maintenance and repair of all town buildings, including
35
schools, town hall, fire and police stations, garages, office buildings, pumping stations and any other structures or buildings owned or leased by the town.
b. Maintenance and upkeep of parks, recreation areas, cemeteries, memorials, athletic fields, and all grounds proximate to town buildings or used for municipal purposes.
c. Janitor service for all town buildings.
4. Equipment Maintenance.
a. Maintenance and repair of trucks, police cruisers, fire engines, road machinery, power tools, pumps and other machinery and vehicles.
b. Storage and supply of gasoline, motor oil and fuel oil for all town departments.
5. Engineering.
a. Surveying.
b. Sanitation.
c. Preparation and revision of maps and plans.
d. Water supply and system design.
e. Street lighting.
f. Highway safety.
g. Engineering services for and liaison with other town departments or committees such as the Board of Health, Building Inspection, Planning Board, Board of Appeals, Assessors, Board of Selectmen and any special committees established to study or initiate building projects or public works activities.
Rubbish and Garbage Collection
The Department shall be responsible for the collection and disposal of rubbish and garbage and may perform or contract for such services. Additional Duties
The Department shall have such further responsibilities and duties as may be incidental or reasonably related to any or all of the foregoing or as may be provided for by by-law or vote of the town. Records and Reports
The Superintendent shall keep full and complete records of the doings of his office and render to the Board as often as it may require a full report of all operations under his control during the period reported upon; and annually and from time to time as required by the Board, he shall make a synopsis of such reports for publication.
He shall keep the Board fully advised as to the needs of the town within the scope of his duties, and shall furnish to the Board each year, prior to December first, a carefully prepared and detailed estimate, in writing, of the appropriations required during the next succeeding fiscal year for the proper performance and exercise of all said powers, rights
36
and duties.
The various provisions of this by-law are hereby declared to be separable and distinct and in the event any section or portion thereof is declared invalid or inoperative, no other section shall be affected thereby.
The initial annual budget for the Department of Public Works shall be prepared and presented to the Voters of the Town by the Finance Committee but all succeeding budgets and appropriation requests shall be prepared and submitted in the usual manner by the Public Works Commissioners upon their election and qualification.
CHAPTER 101 - ACTS OF 1953
An Act authorizing Towns to establish a Department of Public Works exercising the powers of certain other Departments and Town Officers.
Be it enacted, etc., as follows:
Section 1. Chapter 41 of the General Laws is hereby amended by inserting after section 69B, inserted by section 4 of Chapter 172 of the Acts of 1938, the four following sections: - Sections 69C. By vote of a town meeting called for the purpose in any town at least ninety days before an annual town meeting, or, in the case of a town which voted thereon and the vote was not in the affirmative, upon request by petition of ten per cent of the qualified voters of any town filed with the select- men at least sixty days before an annual town meeting, the selectmen shall include in the warrant for such annual meeting for submission to the voters the following question, to be placed on the official ballot in towns using such ballots: - "Shall sections sixty-nine C to sixty-nine F, inclusive, of Chapter forty-one of the General Laws, providing for the establishment of a board of public works exercising the powers of certain other departments and town officers be accepted?" If a majority of the votes cast in answer to such question is in the affirmative, this section and sections sixty-nine D to sixty-nine F, inclusive shall become fully effective beginning with, and for the purposes of, the next annual town election.
Section 69D. Any town which has accepted the provisions of sections sixty-nine C to sixty-nine F, inclusive, shall elect in the following manner a board of public works, hereinafter called the board, to con- sist of three members. The initial members thereof shall be elected, one to serve for one year, one for two years, and one for three years, from the date of the annual meeting at which they are elected, and there- after when the term of any member expires, his successor shall be elected to serve for three years. In all cases the members shall serve until their successors are elected and qualified. The members of the board shall, after each election, elect one of their members to act as chairman for the ensuing year.
37
Upon the election and qualification of the members of the board, the board shall have all the powers and duties now or from time to time vested by general law or special act in the following boards, departments and offices, or in boards, departments and offices having corresponding powers and duties in said town, to wit: - road com- missioners, surveyors of highways, superintendent of streets, water com- missioners, sewer commissioners, municipal light board or park com- missioners, cemetery commissioners, tree warden, moth superintendent and forestry department, and such boards, departments and offices shall thereupon be abolished. No contracts or liabilities then in force shall be affected by such abolition, but the board of public works shall in all respects be the lawful successor of the boards, departments and offices so abolished.
The board shall have such additional powers with respect to the furnishing of engineering services, the collection and disposal of gar- bage and refuse, the maintenance and repair of town buildings and property, and the performance of such duties of any boards, depart- ments and offices of the town as may be reasonably related to the duties and responsibilities of a board of public works, as the town may, from time to time, by by-law provide, any other provisions of law to the contrary notwithstanding.
Section 69E. The board shall appoint and fix the compensation of . a superintendent of public works, who shall exercise and perform, under the supervision and direction of the board, such of the powers, rights and duties transferred to it under section twenty-one as it may from time to time designate. He shall be responsible for the efficient exercise and performance of such powers, rights and duties and shall hold office subject to the will of the board. He shall be specially fitted by education, training and experience to perform the duties of said office and may or may not be a resident of the town. During his tenure he shall hold no elective or other appointive office, nor shall he be engaged in any other business or occupation. He shall give to the town a bond with a surety company authorized to transact business in the commonwealth as surety, for the faithful performance of his duties, in such sum and upon such conditions as the board may require, and shall, subject to the approval of the board, appoint such assistants, agents and em- ployees as the exercise and performance of his powers, rights and duties may require. He shall keep full and complete records of the doings of his office and render to the board as often as it may require a full report of all operations under his control during the period reported upon, and annually, and from time to time as required by the board, he shall make a synopsis of such reports for publication. He shall keep the board fully advised as to the needs of the town within the scope of his duties, and shall furnish to the board each year upon its request a carefully prepared and detailed estimate in writing of the appropriations re- quired during the next succeeding fiscal year for the proper exercise and performance of all said powers, rights and duties.
38
Section 69F. Any town which has accepted the provisions of said sections sixty-nine C to sixty-nine F, inclusive, may, after the expiration of three years from the date of such acceptance, vote at an annual meeting to revoke such acceptance, and the question of such revocation shall be submitted to the voters in the form of the following question: - "Shall the acceptance by the town of sections sixty-nine C to sixty-nine F, inclusive, of Chapter forty-one of the General Laws providing for the establishment of a board of public works exercising the powers of certain other departments and town officers be revoked?" If a majority of the votes cast in answer to said question is in the affirmative, then at the next annual town election held after said vote to rescind, the town shall elect such officers as are necessary to exercise and perform the powers, rights and duties transferred to the board of public works by said section. Such action shall not affect any contract or liability then created or existing. All general laws respecting town administration and town officers, and any special laws relative to said town, the operation of which has been suspended or superseded by the acceptance of this act, shall then be in full force and effect. Any by-law inconsistent with such special or general laws shall be revoked thereby. Any sub- sequent vote to rescind the acceptance of said sections shall not be taken more often than once in three years.
Section 2. Section 21 of said Chapter 41 is hereby amended by striking out the first paragraph, as appearing in the Tercentenary Edition, and inserting in place thereof the following paragraph: --
By vote of a town meeting called for the purpose in any town at least sixty days before an annual meeting, or upon request by petition of ten per cent of the qualified voters of any town filed with the select- men thereof at least sixty days before an annual town meeting asking that the selectmen act as a water and sewer board, water commissioners, water and municipal light commissioners, municipal light board, sewer commissioners, park commissioners, board of public works, board of health, assessors, commission of public safety or board of public welfare, or perform the duties of such boards or officers or any of them or that cemetery commissioners, assessors, a superintendent of streets, a chief of the police and fire departments or a tree warden be thereafter ap- pointed by the selectmen, the selectmen of such town shall include in the warrant for such annual meeting for submission to the voters such question or questions in the following form, to be placed on the official ballot in towns using such ballot: -
Shall the town vote to have its selectmen act as
?
YES
NO
-
Shall the town vote to have its selectmen appoint
?
YES
NO
1
Approved Feb. 25, 1953
39
ART. 53. To see if the Town will vote to amend the Building Laws of the Town as follows:
ADD THE FOLLOWING TO SECTION 21
Third Class Construction
Third class construction shall mean the use of brick, stone, re- inforced concrete, or other equally substantial and fire resistive mate- rials in the construction of exterior, party, and fire walls of buildings of which the floors, roof, and interior partitions may be of ordinary wood construction.
ADD THE FOLLOWING TO BE KNOWN AS SECTION 9A
Any building hereafter constructed or to be used for business in all districts whether retail, wholesale, manufacture, office building, or other than residential, shall be a minimum of third class construction as so defined in Definition of Terms, Section 21.
Wall Height-
The height of masonry walls shall not exceed twenty (20) times the thickness of such unsupported walls unless reinforced by adequate cross-walls, buttresses or columns.
No timber or other combustible material shall be used to support any masonry wall.
ADD THE FOLLOWING TO BE KNOWN AS SECTION 6A
Non-conforming Buildings
Where a non-conforming or illegal building is destroyed, damaged, or deteriorates to an extent that restoration under the existing Building Zoning or by-law to its condition before being destroyed, damaged or deterioration, would cost more than 40% of the cost to reproduce new the entire building, it shall not be restored or reconstructed unless the building and all its uses shall be made to conform to the use regulations of the district in which the building is located.
ADD THE FOLLOWING TO BE KNOWN AS SECTION 8A Fees
All fees required by this Chapter shall be charged for in accordance with the following schedule:
A. For the erection, remodelling, reconstruction, or repair of any building or structure for each one thousand dollars ($1,000) or major fraction thereof, of the estimated cost of the work. $1.00
B. For the demolition of a structure. $2.00
C. For the moving of a structure. $2.00
40
The minimum fee to be charged. $2.00 $100.00
The maximum fee to be charged.
ADD THE FOLLOWING TO SECTION 24
The Building Inspector may revoke a permit, or approval issued under the provisions of this code in case there has been any false state- ment or misrepresentation as to material, fact in the application, or plans, on which the permit or approval was based, or whenever any permit or approval has been issued in error and the conditions are such that a permit or approval should not have been issued.
ADD THE FOLLOWING TO BE KNOWN AS SECTION 15A
An opening with a minimum of 24" x 24" shall be provided into each attic space for inspection and repair.
ADD THE FOLLOWING TO BE KNOWN AS SECTION 9
Built-up Beam
A built-up beam which is composed of vertically laminated pieces shall be fastened together by bolts that are placed near the top and bottom edges in staggered rows, with a longtitudinal distance between bolts not exceeding four times the depth of the beam.
Notched beam or girder
A wood girder or beam may be notched at any section other than the middle third of the span, provided the notch depth is less than 1/5 of the depth of the member. Holes, with a diameter which does not exceed 1/4 of the depth of a girder or beam, may be bored, in the center third of the depth of the middle third of the span, or in the top or bottom third of the depth of the outer thirds of the span of a simply supported member.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.