USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1955-1960 > Part 54
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Voted: To raise and appropriate $33,000.00 for this Article.
ART. 30. To see if the Town will vote to expend the sum of $1,400.00 from the Installation approximately 400 feet of six inch water pipe in Charme Road, provided 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.
Voted: That $1,400.00 be taken from the Installation 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 install- ing a public water main in Woburn Street for a distance of approximately 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.
Voted: To raise and appropriate the sum of $2,750.00 for the purpose of this Article.
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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 approxi- mately 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.
Voted: To indefinitely postpone.
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 Dept. to do such work and expend such money or take any other action relative thereto. Water Commissioners.
Voted: To indefinitely postpone.
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 dis- tance of approximately 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.
Voted: To raise and appropriate the sum of $11,000.00 for the purpose of this Article.
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 approximately 870 feet, and to authorize the Water Depart- ment to do such work and expend such money or take any other action relative thereto. Road Commissioners.
Voted: To indefinitely postpone.
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 approximately 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.
Voted: To indefinitely postpone.
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 in- stalling a public water main in East St. for a distance of approx- imately 485 feet, and to authorize the Water Department to do
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such work and expend such money or take any other action relative thereto. Water Commissioners.
Voted: To raise and appropriate the sum of $1,940.00 for the purpose of this Article.
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 approxi- mately 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.
Voted: To indefinitely postpone.
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 in- stalling a public water main in Colab Road for a distance of approximately 725 feet, and to authorize the Water Department to do such work and expend such monev or take any other action relative thereto. Water Commissioners.
Voted: To expend from the installation account the sum of $3,625 for the purpose of installing a water main in Colab Road (Newbury Ave.) for a distance of approximately 725 feet, provided that the cost of said installation is first deposited with the Town Treasurer and applied to estimated receipts and to authorize the Water Commissioners to do the work.
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.
Voted: To raise and appropriate the sum of $500.00 under 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 in- stalling a public water main in Rogers St. for a distance of approximately 3,600 feet. and to authorize the Water Depart- ment to do such work and expend such monev or take any other action relative thereto. Water Commissioners.
Voted: To raise and appropriate the sum of $18,000 for this Article.
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
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services to locate grades and levels in various areas for the pur- pose of improving our water system. Water Department.
Voted: Not to adopt.
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 pur- pose of improving our water svstem and to authorize the Water Commissioners to do such work and expend such money or take any action in relation thereto. Water Department.
Voted: Not to adopt.
ART. 44. To see if the Town will assume liability in the manner provided 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 Dept. of Public Works of Massachusetts for the improvement, develop- 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 Merri- mack 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. Voted: To adopt.
ART. 45. To see if the Town will vote to raise and appropriate or transfer from E & D 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.
Voted: 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.
Voted: To raise and appropriate the sum of $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,
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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.
Voted: To indefinitely postpone.
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 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.
Voted: To indefinitely postpone.
5:20 P. M. - Meeting was adjourned until 7:30 Monday evening. MARCH 12, 1959
Adjourned meeting opened at 7:30 P. M. by Moderator Alan M. Qua with John E. Hedstrom and Richard Priebe acting as tellers. It was voted to recess until 8:00 P.M. because of the lack of a quorum. At 8 P. M. a quorum still was lacking and meeting was recessed until 8:15 when count of voters showed 293 present.
Article 49 was taken up at this time.
ART. 49. To see what sum of money the Town will raise and appropriate or transfer from available funds for the purchase of an aerial ladder, or take any other action relative thereto.
William A. Chandler, Chief of Fire Dept.
Voted: To indefinitely postpone. Vote for indefinite post- ponement was 197 - opposed 124.
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 profes- sional 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.
Voted: That $1,000 be raised and appropriated and that a committee of five be appointed by the Moderator for the purpose
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of this Article. Committee appointed: John J. Belton, William A. Chandler, William J. O'Neill, Thomas J. Berube and Kenneth W. Holden.
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.
Voted: To raise and appropriate $300 for this Article.
ART. 52. To see if the Town will vote to raise and appropriate the sum of $300 for Nursery Stock or take any other action relative thereto. Tree Warden.
Voted: To indefinitely postpone.
ART. 53. To see if the Town will vote to authorize the Selectmen to subdivide the lower hall for office space, and raise and appro- priate the sum of $1,000 for such purpose. Board of Selectmen.
Voted: Not to adopt.
ART. 54. To see if the Town will appropriate the sum of $3,000 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 Massachusetts or take any other action relative thereto.
Norman J. DeMarais, Playground Commission
Playground commission appointed were: Wilfred P. Breen, Gerald Rideout, Anthony Obdens and Norman J. DeMarais.
ART. 55. To see if the Town will vote to make the Playground Commissioners responsible for conducting a summer recreational program suitable for all school age children, and to see what sum of money the Town will vote to appropriate for the purpose of this Article, or take any other action relative thereto.
School Committee and Playground Commissioners.
Voted: To indefinitely postpone.
ART. 56. To see if the Town will vote to set the number and terms of office of the Playground Commissioners in the follow- ing manner: in 1959 two members shall be appointed for three years, two members shall be appointed for two years, one mem- ber 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 member shall be appointed each year for three
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years except that every third year one member shall be appointed for three year.
School Committee and Playground Commissioners
Voted: To indefinitely postpone.
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 St. and Marston St. 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 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.
Voted: To adopt this Article and accept this gift in any way acceptable to the donor and that the Board of Selectmen be author- ized and directed to prepare a resolution for the purpose of thank- ing Mr. Rogers for his generous gift to the Town and his numerous previous acts of generosity for the Town and its people.
A rising vote of thanks was given to Mr. Rogers.
ART. 58. To see if the Town will vote to authorize and empower a committee to supervise, execute or perform any duties neces- sary or desirable to carry out a school construction program, or take any other action relative thereto.
Long Range Planning Committee.
Voted: To authorize and empower a committee to carry out preliminary plans for the conversion of the present High School to a 750 pupil Junior High School and that the Moderator appoint a five member committee to carry out the provisions of this Article. Committee appointed: Richard G. Priebe, James A. Johnson, Loella Dewing, Stephen A. Gendall.
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. Voted: To indefinitely postpone.
ART. 60. To see if the Town will vote to raise and appropriate the sum of $3,000 to be used in conjunction with Article 54 of The Annual Town Meeting on March 5, 1958, to erect a gravel sidewalk on Foster Road. Work to be done under the
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supervision of the Road Commissioners, or take any other action in relation thereto. Sidewalk Committee.
Voted: To raise and appropriate $3,000 for the purpose of 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 nego- tiate with the Commonwealth of Massachusetts concerning such easement or right of way, or take any other action relative thereto. School Building Committee.
Voted: To postpone until 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 sidewalk from the premises of the new high school over the water easement owned by the Commonwealth of Massachusetts to Helvetia Street and/or Main Street, or take any other action relative thereto. School Building Committee.
Voted: To postpone until 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.
Voted: To name the new high school "Tewksbury Memorial High School" and the present high school on Pleasant Street "Tewksbury Junior High School."
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.
Voted: To raise and appropriate $38,843 for this Article.
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ART. 65. To see if the Town will vote to raise and appropriate the sum of $930 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 St. and Salem Rd. on or about April 20, 1954, or take any action in relation thereto. Town Counsel.
Voted: To raise and appropriate $930 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.
Voted: To raise and appropriate $75. 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. Elizabeth Collins while employed by the Tewksbury School Department, or take any action in relation thereto.
Town Counsel.
Voted: To 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 shown in Warrant for 1959. 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 congestion 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 pop- ulation; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; to con- serve the value of land and buildings; to encourage the appropriate use of land throughout the Town, and to preserve and increase its amenities, the Town of Tewksbury, County of Middlesex, hereby adopts the following text and maps as its Zoning By-Law.
Section 1 Definitions
Section 2 Classes of Districts
Section 3 General and Special Regulations
Section 4 Residence Districts
Section 5 Commercial Districts
Section 6 Industrial Districts
Section 7 Off-Street Parking and Loading
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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 defined as below. Words in the present tense include the future, the singular number includes the plural and vice versa. The word "person" includes partnership, corporation, or other entity. The word "lot" includes the word "plot." The word "building" includes the word "structure."
1.1 Accessory Building
Any building which is subordinate to and whose use is inciden- tal 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 build- ing, including a solid fence or wall, but excluding an electric trans- mission line or an electric light, telephone or telegraph pole, high- way or railroad bridge or flagpole.
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 build- ings 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 Tewksbury.
1.7 Board
The Planning Board of the Town of Tewksbury.
1.8 Court
An open space, other than a yard, on the same lot with a build- ing, 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 entrances, services, or facilities.
1.13 Dwelling, row
A building designated for or occupied by one family which is attached to one or more similar dwellings in a row or group con- taining not less than three such buildings.
1.14 Family
Any number of individuals related by blood, marriage or adop- tion, 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 occupied 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 cus- tomarily incident to it including such open spaces as are required by this by-law. In the case of multiple dwellings and public, insti- tutional, 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 interesection 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 btween lots or between a lot and a street.
1.21 Lot Line, front
All dividing lines between a street and the lot shall be con- sidered 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 extend- ing from streets shall be considered side lot lines. The line bound- ing 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 con- sidered 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, buiding, or premises which is not a use permit- ted by the provisions of this by-law for the district in which such land, building or premises are situated.
1.26 Non-conforming building
A building the use or construction of which does not conform to the applicable provision 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.
1.30 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 recon- structed 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.
1.31 Trailer
The line dividing the street and the lot.
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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 line, ex- tending the full width of the lot, or in case of a corner lot, extend- ing along all streets.
1.34 Yard, rear
An open space between the building and the rear lot line, extending the full width of the lot.
1.35 Yard, side
An open space between the buildings and the front lot line, ex- tending from the front yard to the rear yard. Any yard not a rear yard or a front yard shall be deemed a side yard.
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