USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1955-1960 > Part 47
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Recommend to raise and appropriate $50,000.00 for this Article.
ART. 29-To see whether the Town will vote to raise and appropriate a sum not to exceed $33,000.00 for the purpose of extending and improving the water system of the Town by laying and relaying water mains of not less than six inches but less than sixteen inches in diameter, by the development of an additional well field, in-
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cluding well, pipes and original pumping station equipment, and by the construction of small buildings for pumping stations, and to determine how any such sum shall be raised, whether by taxa- tion, by transfer of available funds, by borrowing or otherwise, and if by borrowing to authorize the issuance of bonds and notes of the Town, and to authorize the Water Commissioners to do such work and expend such money, or take any action in relation thereto. Water Commissioners
Recommend to raise and appropriate $33,000.00 for this Article. 1 Dissent
ART. 30-To see if the Town will vote to expend the sum of $1,400.00 from the Installation Account, for the purpose of installing ap- proximately 400 feet of six inch water pipe in Charme Road, pro- vided that cost of said water installation has been first deposited with the Town Treasurer and applied to estimated receipts and to authorize the Water Commissioners to do such work and expend such money, or take any action in relation thereto.
Water Commissioners
Recommend that the sum of $1.400.00 be taken from the Installa- tion Account for this article.
ART. 31-To see if the Town will vote to raise and appropriate the sum of $2,750.00 or any other sum for the purpose of installing a public water main in Woburn Street for a distance of approxi- mately 550 feet, and to authorize the Water Department to do such work and expend such money or take any other action relative thereto. Water Commissioners
Indefinite postponement.
ART. 32-To see if the Town will vote to raise and appropriate the sum of $1,325.00 or any other sum for the purpose of installing a public water main in Lowe Street for a distance of approximately 265 feet, and to authorize the Water Department to do such work and expend such money or take any other action relative thereto. Water Commissioners
Indefinite postponement.
ART. 33-To see if the Town will vote to raise and appropriate the sum of $1,800.00 or any other sum for the purpose of installing a public water main in Wamesit Road for a distance of approximately 450 feet, and to authorize the Water Department to do such work and expend such money or take any other action relative thereto.
Water Commissioners
Indefinite postponement.
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ART. 34-To see if the Town will vote to raise and appropriate the sum of $11,000.00 or any other sum for the purpose of installing a public water main in Shawsheen Street for a distance of approxi- mately 2,200 feet, and to authorize the Water Department to do such work and expend such money or take any other action relative thereto. Water Commissioners
Indefinite postponement.
ART. 35-To see if the Town will vote to raise and appropriate the sum of $3,480.00 or any other sum for the purpose of installing a public water main in Marshall Street for a distance of approxi- mately 870 feet, and to authorize the Water Department to do such work and expend such money or take any other action relative thereto. Water Commissioners
Indefinite postponement.
ART. 36-To see if the Town will vote to raise and appropriate the sum of $3,200.00 or any other sum for the purpose of installing a public water main in Chandler Street for a distance of approxi- mately 800 feet, and to authorize the Water Department to do such work and expend such money or take any other action relative thereto. Water Commissioners
Indefinite postponement.
ART. 37-To see if the Town will vote to raise and appropriate the sum of $1,940.00 or any other sum for the purpose of installing a public water main in East Street for a distance of approximately 485 feet, and to authorize the Water Department to do such work and expend such money or take any other action relative thereto. Water Commissioners
Indefinite postponement.
ART. 38-To see if the Town will vote to raise and appropriate the sum of $2,340.00 or any other sum for the purpose of installing a public water main in Lincoln Road for a distance of approximately 585 feet, and to authorize the Water Department to do such work and expend such money or take any other action relative thereto. Water Commissioners
Indefinite postponement.
ART. 39-To see if the Town will vote to raise and appropriate the sum of $3,625.00 or any other sum for the purpose of installing a public water main in Colab Road for a distance of approximately
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725 feet, and to authorize the Water Department to do such work and expend such money or take any other action relative thereto.
Water Commissioners
Indefinite postponement.
ART. 40-To see if the Town will vote to raise and appropriate the sum of $500.00 for the removal of snow from fire hydrants, under the supervision of the Board of Water Commissioners, or take any action in relation thereto. Water Commissioners
Recommend that the sum of $500.00 be raised and appropriated for this Article.
ART. 41-To see if the Town will vote to raise and appropriate the sum of $18,000.00 or any other sum for the purpose of installing a public water main in Rogers Street for a distance of approximately 3,600 feet, and to authorize the Water Department to do such work and expend such money or take any other action relative thereto.
Water Commissioners
Recommend to raise and appropriate the sum of $18,000.00 for this Article. 3 Dissents
ART. 42-To see if the Town will vote to raise and appropriate the sum of $1,000.00 for the purpose of securing engineering services to locate grades and levels in various areas for the purpose of im- proving our water system. Water Department
Recommend to raise and appropriate the sum of $1,000.00 for this Article.
ART. 43-To see if the Town will vote to raise and appropriate the sum of $12,500.00 for the purpose of lowering the bottom of Heath Brook from Foster Street to Shawsheen Street by dredging and cleaning out same according to grades and levels that will be furnished by a competent engineer - for the purpose of improving our water system and to authorize the Water Commissioner to do such work and expend such money or take any action in relation thereto. Water Department
Recommend to raise and appropriate the sum of $12,500.00, to be used with matching funds of the State for the purpose of this Article.
ART. 44-To see if the Town will assume liability in the manner pro- vided by Section 29 of Chapter 91 of the General Laws, as amended by Chapters 516 and 524 Acts of 1950, for all damages that may be incurred by work to be performed by the Department of Public Works of Massachusetts for the improvement, develop-
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ment, maintenance, and protection of tidal and non-tidal rivers and streams, harbors, tidewaters, foreshores and shores along a public beach outside of Boston Harbor, including the Merrimack and Connecticut Rivers, in accordance with Section 11 of Chapter 91 of the General Laws, and authorize the Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth. Water Department
Recommend adoption.
ART. 45-To see if the Town will vote to raise and appropriate or transfer from Excess and Defiency the sum of $9,000.00 to settle the land damage claims arising from the taking of land for the new reservoir on Ames Hill or take any action in relation thereto. Water Department
Recommend to raise and appropriate $9,000.00 for the purpose of this Article.
ART. 46-To see if the Town will vote to raise and appropriate or transfer from available funds, the sum of $211.64 to pay for repairs made to the Police cruiser as a result of an accident which occured in 1958, or take any action in relation thereto.
Board of Selectmen
Recommend to raise and appropriate $211.64 for the purpose of this Article.
ART. 47-To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $74,000.00 to construct, erect, and equip a Police Station and Garage with proper facilities, on Dewey Street at the corner of Town Hall Avenue; and to authorize the Committee appointed under Article 4 of the Warrant for the Special Town Meeting of December 12, 1956, to employ professional consultants, expend such funds, call for bids, and to execute and sign all contracts, vouchers, and legal documents, incidental and necessary to carry out the purposes of this article, or take any action in relation thereto. Police Station Committee
Indefinite postponement.
2 Dissents
ART. 48-To see if the Town will vote to rescind the action taken under Article 13 of the Special Town Meeting, held on July 25, 1951, and return the sum of $17,000.00 originally transferred for the erection of a Police Department Garage and Office Space, to the excess and deficiency account or take any action in relation thereto. Police Station Committee
Indefinite postponement.
2 Dissents
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ART. 49-To see what sum of money the Town will raise and ap- propriate or transfer from available funds for the purchase of an aerial ladder, or take any other action relative thereto.
William A. Chandler, Chief of the Fire Department
Indefinite postponement.
ART. 50-To see if the Town will vote to raise and appropriate a sum of money for the use of a committee to be appointed from the floor to secure plans and specifications and to secure professional assistance and do any and all things necessary and proper to construct a new fire house to be located on Salem Road and South Street in South Tewksbury and to report back at the next special or annual town meeting, or take any action in relation thereto. Fire Department
Indefinite postponement.
2 Dissents
ART. 51-To see if the Town will vote to raise and appropriate the sum of $500.00 for Poison Ivy Control or take any other action relative thereto. Tree Warden
Recommend to raise and appropriate $300.00 for this Article.
ART. 52-To see if the Town will vote to raise and appropriate the sum of $300.00 for Nursery Stock or take any other action relative thereto. Tree Warden
Indefinite postponement.
ART. 53-To see if the Town will vote to authorize the Selectmen to subdivide the lower town hall for office space, and raise and ap- propriate the sum of $1,000.00 for such purpose.
Board of Selectmen
Recommend to raise and appropriate $1,000.00 for this Article.
ART. 54-To see if the Town will appropriate the sum of $3,000.00 under the direction of a playground commission of five members to be appointed by the Moderator in accordance with Chapter 45, Section 14, of the General Laws of the Commonwealth of Massa- chusetts or take any other action relative thereto.
Norman J. De Marais, Playground Commission
Recommend to raise and appropriate $3,000.00 for this Article.
ART. 55-To see if the Town will vote to make the Playground Com- missioners responsible for conducting a summer recreational pro- gram suitable for all school age children, and to see what sum of
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money the Town will vote to appropriate for the purposes of this article; or take any other action relative thereto.
School Committee and Playground Commissioners
Recommend indefinite postponement.
ART. 56-To see if the Town will vote to set the number and terms of office of the Playground Commissioners in the following manner:
in 1959 two members shall be appointed for three years, two members shall be appointed for two years, one member shall be appointed for one year;
in 1960 one member shall be appointed for three years;
in 1961 two members shall be appointed for three years;
thereafter, two members shall be appointed each year for three years except that every third year one member shall be appointed for three years.
School Committee and Playground Commissioners
ART. 57-To see if the Town will accept the offer of Melvin G. Rogers to give to the Town a tract of land owned by him located in Tewksbury at the corner of Rogers Street and Marston Street and containing about 27 acres, upon condition that the land be forever used only as a park and playground and only for outdoor activities; and to see if the Town will direct the Park Board to accept the gift on these conditions and authorize the said Board to sign the acceptance on behalf of the Town and agree on behalf of the Town to comply with the conditions of the gift.
Park Commissioners
Recommend adoption.
ART. 58-To see if the Town will vote to authorize and empower a committee to supervise, execute or perform any duties necessary or desirable to carry out a school construction program, or take any other action relative thereto. Long Range Planning Committee
ART. 59-To see what sum of money the Town will vote to raise and appropriate or transfer from available funds to carry out the above article, or take any other action relative thereto.
Long Range Planning Committee Indefinite postponement.
ART. 60-To see if the Town will vote to raise and appropriate the sum of $3,000.00 to be used in conjunction with Article 54 of the Annual Town Meeting held on March 5, 1958, to erect a gravel
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sidewalk on Foster Road. Work to be done under the supervision of the Road Commissioners, or take any other action in relation thereto. Sidewalk Committee
Recommend to raise and appropriate $3,000.00 for this Article.
ART. 61-To see if the Town will vote to authorize the Selectmen to take by eminent domain or purchase an easement and right of way to be exercised in conjunction with the present water easement of the Commonwealth of Massachusetts, from the new high school premises to Helvetia Street and/or Main Street, for the purpose of a sidewalk for the school children, and to raise and appropriate the sum of $1.00 for the land damages for such purpose, and to further authorize the Selectmen to negotiate with the Common- wealth of Massachusetts concerning such easement or right of way, or take any other action relative thereto.
School Building Committee
Postponement till next Annual Town Meeting.
ART. 62-To see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to construct a side- walk from the premises of the new high school over the water easement owned by the Commonwealth of Massachusetts to Hel- vetia Street and/or Main Street, or take any other action relative thereto. School Building Committee
Postponement till next Annual Town Meeting.
ART. 63-To see what action the Town will take relative to naming the new high school building now being erected on Pleasant Street, and in conjunction therewith what action will be taken concerning the name of the present high school building, or take any action in relation thereto. School Building Committee
ART. 64-To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to pay the land damages as the result of the claims made against the town from the taking for the new high school property under Article 59 of the warrant for the annual town meeting dated March 5, 1958. Selectmen and School Building Committee
Recommend to raise and appropriate the sum of $38,843.00 for this Article.
ART. 65-To see if the Town will vote to raise and appropriate the
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sum of $930.00 to indemnify Frederick R. Millett from a judgment of the Woburn District Court as the result of a collision of a fire engine on Pond Street and Salem Road on or about April 20, 1954, or take any action in relation thereto. Town Counsel
Recommend adoption; raise and appropriate $930.00 for this Article.
ART. 66-To see if the Town will vote to raise and appropriate the sum of $75.00 to pay for a judgment for land damages in the Superior Court secured by Louise Kamn et als, or take any action in relation thereto. Town Counsel
Recommend adoption; raise and appropriate $75.00 for this Article.
ART. 67-To see if the Town will vote to raise and appropriate a sum of money to pay for the medical bills incurred by Mrs. Eliza- beth Collins while employed by the Tewksbury School Depart- ment, or take any action in relation thereto. Town Counsel
Recommend adoption; raise and appropriate $57.29 for this Article.
ART. 68-To see if the Town will vote to repeal the present Zoning By-Law and in lieu thereof adopt a revised Zoning By-Law, as follows: Planning Board
PROPOSED DRAFT OF ZONING BY-LAW
Purpose
For the purpose of promoting the health, safety, convenience, morals, and welfare of its inhabitants, and, in addition, to lessen con- gestion in the streets, to conserve health, to secure safety, from fire, panic, and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; to conserve the value of land and buildings; to encourage the appropriate use of land through- out the Town, and to preserve and increase its amenities, the Town of Tewksbury, County of Middlesex, hereby adopts the following text and map as its Zoning By-Law.
Section -
Definitions
Section 2 Classes of Districts
Section 3 General and Special Regulations
Section 4 Residence Districts
Section 5 Commercial Districts
Section 6 Industrial Districts
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Section 7
Off-Street Parking and Loading
Section 8 Removal of Top Soil, Sand and Gravel
Section 9 Non-Conforming Buildings and Uses
Section 10 Administration and Enforcement
Section 11
Amendments, Validity
Section 1 - Definitions
For the purpose of this by-law, certain terms or words shall be de- fined as below. Words in the present tense include the future, the sin- gular number includes the plural and vice versa. The word "person" includes partnership, corporation, or other entity. The word "lot" in- cludes the word "plot." The word "building" includes the word "structure."
1.I Accessory Building
Any building which is subordinate to and whose use is incidental and accessory to the use of the principal on the same lot.
1.2 Building
Any structure having a roof and intended for the shelter, housing, or enclosure of persons, animals, or materials. Any other structure more than eight feet high shall be considered as a building, including a solid fence or wall, but excluding an electric transmission line or an electric light, telephone or telegraph pole, highway or railroad bridge or flag- pole.
1.3 Building Area
The ground area enclosed by the walls of a building together with the area of all covered porches.
1.4 Building Coverage
The percentage which the aggregate building area of all buildings on the lot bears to the area of the lot.
1.5 Building Height
The vertical distance from the average finished grade within 10 feet of the walls of the building to the highest point of the roof.
1.6 Building Line
A line parallel to a street at a distance to the required front yard or at a greater distance when otherwise established by the Town of Tewks- bury.
1.7 Board
Th Planning Board of the Town of Tewksbury.
1.8 Court
An open space, other than a yard, on the same lot with a building, which space is bounded on three or more sides by the walls of such building.
1.9 District
A district established by the provisions of Section 2 of this by-law.
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1.10 Dwelling, one family
A detached building designated for or occupied by one family.
1.11 Dwelling, two family
A detached building designated for or occupied by two families
1.12 Dwelling, multiple
A dwelling or group of dwellings on one lot containing separate living units for three or more families, having separate or joint en- trances, services, or facilities.
1.13 Dwelling, row
A building designated for or occupied by one family which is at- tached to one or more similar dwellings in a row or group containing not less than three such buildings.
1.14 Family
Any number of individuals related by blood, marriage or adoption, living together as a single housekeeping unit, provided that a group of not more than seven persons keeping house together, but not necessarily related by blood or marriage may be considered a family.
1.15 Family Dwelling Unit
A dwelling or part of a dwelling occupied or intended to be oc- cupied by one family for residential purposes.
1.16 Lot
A plot or parcel of land occupied or capable of being occupied by one principal building and the accessory buildings or uses customarily incident to it including such open spaces as are required by this by-law. In the case of multiple dwellings and public, institutional, commercial or industrial buildings, a group of buildings under the same ownership may be considered as occupying the same lot.
1.17 Lot, corner
A lot at the intersection of and abutting on two or more streets where the angle or intersection is not more than 135 degrees or where the intersection is rounded by a curve having a radius of less than 100 feet.
1.18 Lot, interior
A lot other than a corner lot or through lot.
1.19 Lot, through
A lot other than a corner lot which abuts two or more streets which do not intersect at the lot.
1.20 Lot Line
The established division line between lots or between a lot and a street.
1.21 Lot Line, front
All dividing lines between a street and the lot shall be considered front lines.
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1.22 Lot Line, side
The line or lines bounding a lot which extend from the street towards the rear in a direction approximately perpendicular to the street. In the case of corner lots, or through lots, all lines extending from streets shall be considered side lot lines. The line bounding a lot at the rear and approximately parallel to at the maximum distance from the front lot line.
1.24 Lot, minimum width of
The distance between the side lot lines measured in a straight line at right angles to the mean direction of such side lot lines, which line of measurement shall touch, but not be in front of the building line. In the case of a corner lot, the minimum width shall be similarly measured and, for the purpose of this measurement only, the front lot line which has the least dimension shall be considered the front lot line and the lot lines adjacent thereto shall be considered as side lot lines.
1.25 Non-conforming use
A use of land, building, or premises which is not a use permitted by the provisions of this by-law for the district in which such land, build- ing or premises are situated.
1.26 Non-conforming building
A building the use or construction of which does not conform to the applicable provisions of this by-law.
1.27 Open Space
A space, not occupied by a building or other roofed structure, on the same lot as the principal building.
1.28 Premises
A lot as defined in this section, including any buildings thereon.
1.29 Street
A public way or a way opened to the public use or other right-of- way giving access to the lot, but excluding an alley used for service access only. "Street" shall be deemed to include the entire width of the right-of-way.
1.31 Trailer
The line dividing the street and the lot.
1.30 Street Line
Any vehicle or object on wheels and having no motive power of its own, but which is drawn by, or used in connection with a motor vehicle, and which is so designed and constructed, or reconstructed or added to by means of such accessories as to permit use and occupancy thereof for human habitation, whether resting on wheels, jacks, or other foundations, and shall include the type of vehicle known as a mobile home.
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1.32 Trailer Camp
Any land used or permitted to be used for the parking of more than one occupied trailer coach.
1.33 Yard, front
An open space between the buildings and the front lot line, ex- tending the full width of the lot, or in case of a corner lot, extending along all streets.
1.34 Yard, rear
An open space between the building and the rear lot line, extend- ing the full width of the lot.
1.35 Yard, side
An open space between the building and the side lot line, extend- ing from the front yard to the rear yard. Any yard not a rear yard or a front yard shall be deemed a side yard.
1.36 Yard, required front, rear, or side
So much of the front, rear or side yard as is required by the ap- plicable provisions of this by-law.
SECTION 2 - CLASSES OF DISTRICTS
2.1 Division into Districts
For the purpose of this by-law, the Town of Tewksbury is divided into the following classes of districts.
Residence Districts
R-40 R-20 R-15
Commercial Districts
CA-15 CB-20
Industrial Districts
Ind.
2.2 Zoning Map
The boundaries of these districts are hereby established as shown on the Zoning Map of the Town of Tewksbury, dated. and amendments thereto, which map and amendments are hereby declared to be a part of this by-law.
2.3 Zoning of Streets
When opposite sides of a street lie in different districts, the bound- ary shall be deemed the center of the right-of-way.
2.4 Land under water
The boundary of each district shall include land under any lake, pond, or stream lying therein.
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2.5 More Restrictive Districts
A district shall be deemed to be more restrictive than any district appearing below it in the list contained in Paragraph 2.1.
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