Town of Tewksbury annual report 1955-1960, Part 56

Author: Tewksbury (Mass.)
Publication date: 1955
Publisher: Tewksbury (Mass.)
Number of Pages: 1222


USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1955-1960 > Part 56


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Any non-conforming use of buildings or premises lawfully ex- isting at the effective date of this by-law or of any pertinent amendment thereto, may be continued in any building so existing which was designed, arranged, intended for, or devoted to a non- conforming use may be reconstructed, structurally altered, and the non-conforming use therein changed, all subjects to the following regulations.


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9.1.1 No non-conforming use may be changed except to a con- forming use, or, with the approval of the Board of Appeals, a non- conforming use may be changed to another non-conforming use no more objectionable in character.


9.1.2 No non-conforming use shall, if once changed into a con- forming use, be changed back again into a non-conforming use.


9.1.3 No non-conforming use shall be extended or expanded except with the approval of the Board of Appeals.


9.1.4 No non-conforming use which has been abandoned for a period of one year shall be thereafter resumed.


9.2 Change of Plans


Nothing in this section shall require any change in the plans, construction or designated use of a building, a permit for the con- struction of which shall have been granted prior to the effective date of this by-law, or any pertinent amendment thereto.


9.3 Enlargment of Non-Conforming Building


No building which does not conform to the requirements of this by-law regarding building height limit, area, and width of lot, percentage of lot coverage, and required yards and parking facilities shall be enlarged unless such enlarged portion conforms to the by- law regarding the foregoing building and lot requirements applying to the district in which it is located and unless the use is governed by Paragraph 9.1.3.


9.4 Reconstruction after Damage


The Board of Appeals may permit the reconstruction within one year of a building damaged by fire, accident, the act of God, or of the public enemy, to its condition prior to such damage or pre- vent the restoration of a wall or structural member.


SECTION 10 - ADMINISTRATION AND ENFORCEMENT


10.1 Enforcement


10.1.1 The by-law shall be enforced by the Building Inspector, appointed under the building laws of the Town of Tewksbury, who shall grant no permit for the construction or alteration of any build- ing or structure, if the building or structure as constructed or altered would be in violation of any provision of this by-law. No municipal officer shall grant any permit or license for the use of buildings, structures or land, which use would be in violation of any provision of this by-law. Whenever such permit or license is refused because of some provisions of this by-law, the reason therefor shall be clearly stated in writing.


10.1.2 Every applicant for a permit for any construction, altera- tion or use of any building or land for which a permit is required by law shall, upon request of the Building Inspector, file such written information, plans, specifications, or other such data as shall


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be deemed necessary for the full and accurate exposition of the proposed construction, alteration or use. Such material shall be kept on file in the office of the Building Inspector.


10.1.3 The Building Inspector, with the approval of the Select- men may, and if required by it shall, institute appropriate legal proceeding to enforce this by-law and to restrain by injunction any violation thereof.


10.2 Board of Appeals


10.2.1 The Board of Appeals shall be the existing Board of Ap- peals as appointed by the Selectmen. Said Board shall organize yearly, choosing a chairman from its own number and setting up rules in accordance with Chapter 40A of the General Laws as amended.


10.2.2 Any person aggrieved by the refusal of the Building Inspector to issue a permit or license on the grounds of non-com- pliance with the zoning by-law may appeal to the Board of Appeals as provided in Chapter 40A of the General Laws.


10.2.3 Any person or persons desiring to obtain the permission of the Board of Appeals for any purpose for which such permission is required under the provisions of this by-law shall make applica- tion in writing therefor to the Board of Appeals which shall, within a reasonable time, hold a public hearing thereon, seven days' notice of which shall be given in a newspaper of general circulation.


The Board of Appeals shall also, at least ten days prior to the hearing, send or deliver written notice to all the owners of real estate opposite to or abutting on the property in connection with which any permission is sought, and to such others as the Board of Appeals may order or by regulation prescribe.


10.3.4 The Board of Appeals shall have the following powers and duties:


10.3.4.1 To hear and decide appeals where it is alleged by the applicant for a permit that there is error in any order of decision made by an administrative official in the enforcement of this by-law.


10.3.4.2 To authorize upon appeal with respect to a particular parcel of land a variance from the terms of this by-law, where, owing to conditions especially affecting such parcel but not affect- ing generally the zoning district in which it is located, a literal en- forcement of this by-law would involve substantial hardship to the appellant and where desirable relief may be granted without sub- stantial detriment to the public good and without substantially derogating from the intent or purpose of this by-law, but not otherwise.


10.3.5 The Board of Appeals shall consider the case at a public hearing as prescribed in Paragraph 10.2.3 of this section. If the Board determines by concurring vote of all its members that the proposed variation relating to the use, construction or alteration of


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a building or the use of land, can be granted without impairing the general purpose and intent of this by-law, then the Board shall adopt a motion embodying their finding in the above-mentioned specific points and shall direct the issuance of a permit which the Building Inspector shall issue fifteen days after the decision of the Board of Appeals shall have been filed with the Town Clerk.


10.3.6 Any person aggrieved by a decision of the Board of Appeals, whether or not previously a party to the proceedings, or any municipal officer or board, may appeal to the superior court sitting in equity, provided that such appeal is filed in said court within fifteen days after such decision is recorded.


SECTION 11 - AMENDMENTS, VALIDITY


11.1 This by-law and the boundaries of zoning districts estab- lished hereunder may from time to time be amended or changed in accordance with Chapter 40A of the General Laws, as amended.


11.2 If any section, paragraph, subdivision, clause, or provision of this by-law shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provi- sion so adjudged, and the remainder of this by-law shall be deemed valid and effective.


JOHN J. COONEY THOMAS P. SAWYER ROGER F. LAFRENIERE ROBERT W. LACEY JEROME CARPENTER


Planning Board


Voted: To refer to Planning Board for further study.


ART. 69. To see if the Town will vote to authorize the Planning Board to apply for Federal funds and to expend the same for surveys, plans, and reports with estimates of cost of a town sewerage system in all its various phases, with the understand- ing that the town will reimburse the Federal Government for that part of the cost of the surveys allocated to a particular sewer project, if and when that particular sewer project is sub- sequently voted by the town, or take any other action thereon. Planning Board.


Voted: To accept public law 560, 83 Congress, as amended and that the Planning Board be authorized to enter into negotia- tions with the administrator of housing and finance to apply for Federal Funds and that the Planning Board be authorized to expend the same for surveys, plans, and reports with estimates of cost of a Town Sewerage System in all its various phases, with the under- standing that the Town will reimburse the Federal Government for that part of the cost of the surveys allocated to a particular sewer project, if and when that particular sewer project is subsequently


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voted by the Town, said survey to be made by an engineer approved by the administrator and that the Town authorize the Treasurer with the approval of the Selectmen and Planning Board to borrow from the U. S. Government under the terms of Public Law 560 as amend- ed for the purpose of making said survey for the Town of Tewks- bury, Massachusetts.


ART. 70. To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase or take by eminent domain in fee simple the old abandoned railroad track for its entire length from the Wilmington town line to East Street for the purpose of a town road or any other municipal purpose and to see what sum the town will vote to raise and appropriate for such purposes or takings, or take any other action in relation thereto. Planning Board.


Voted: To indefinitely postpone.


ART. 71. To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase or take by eminent domain in fee simple the abandoned Boston and Maine railroad bed from East Street to the Andover town line for the purpose of a town road or any other municipal purpose and to see what sum the town will vote to raise and appropriate for such purposes or takings, or take any other action in relation thereto.


Planning Board.


Voted: To indefinitely postpone.


ART. 72. To see if the Town will authorize the town Moderator to appoint a committee of five to make a playground and Little League Park survey with the cooperation of the Planning Board or take any action in relation thereto. Planning Board. Voted: To adopt this Article. Committee not appointed.


ART. 73. To see if the Town will vote to sell to the Tewksbury- Wilmington Lodge of Elks 2070, the land purchased from Weiner, bounded by Salem Road, South Street and Main Street for $3,000; the purchase price plus $530.40 in taxes lost to the Town since the purchase, or take any other action" rela- tive thereto. George A. McDermott.


Voted: To indefinitely postpone.


ART. 74. 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 Section 11 of Article 11 of the Town By-Laws, or take any other action relative thereto.


So. Tewksbury Betterment Assn., Inc. Article defeated.


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ART. 75. To see what sum the Town will vote to raise and appro- priate or transfer from available funds to provide bus transpor- tation for private school children, both inside and outside the town boundaries, or take any other action relative thereto.


Voted: To raise and appropriate $5,000 under this Article and that the School Committee be authorized and directed forthwith to provide transportation to private school children outside the Town in accordance with the provisions of Chapter 71 of the General Laws.


ART. 76. To determine how and by whom the funds voted under the preceding article shall be administered, or take any other action relative thereto. Joseph F. Keefe.


Voted: That the funds voted under the preceding Article shall be administered by the School Committee.


ART. 77. To see if the Town will vote to permit Harold J. Patten to discuss the history of the Town as it relates to an observance ' of the 250th anniversary of the Town, and to hear such discus- sion at approximately 2 P. M. on the day of the Annual Town Meeting, and to further see what action the Town will take in reference to such anniversary, whether by voting to raise and appropriate a sum of money, appointment of committees, or otherwise, or to take any action in relation thereto.


Miriam W. Spaulding.


Voted: To set aside Sunday, August 23, 1959 for the proper observance of the 225 Anniversary of the Incorporation of the Town of Tewksbury; and, through this vote, will enjoin upon all good citizens to repair to their respective churches to the end that proper prayers might be offered both in the memory of our Forefathers in this Town of Tewksbury and for the prosperity of the Nation in whose glorious birth they shared.


It was further voted that Harold J. Patten shall be appointed to meet with the several Pastors to achieve the end above set forth and that said Harold J. Patten shall submit at the next annual town meeting a report of said observance which shall be spread upon the records of the Town so that those who celebrate the 250th anni- versay will be aware that the 225th did not pass without note.


ART. 78. To see if the Town will direct the Selectmen to petition the General Court to enact at its 1960 session of legislation as follows: The Town of Tewksbury, notwithstanding the provi- sions of Clause 27 of Section 5 of Chapter 40 of the General Laws, may make periodical or annual appropriation for the celebration of its 250th anniversary and may authorize such money to be placed in a special fund and the principal and accumulated income thereof be used in the year of the celebra- tion of such anniversary. Miriam W. Spaulding.


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Voted: That the Town appropriate the sum of $200 yearly, for twenty-five years, commencing with the year of 1959, said sum to be deposited in a savings bank, the principal sum and accrued interest to be expended for the proper observance of the 250th Anniversary of the Incorporation of the Town of Tewksbury, in the year 1984 provided, that the General Court grant our request as stated in Art. 78 of the 1959 Town Warrant.


ART. 79. To see if the Town will vote to construct a drainage system, consisting of pipeline, catch basin, etc., on Chandler Street, near 612 Chandler Street, and facing 595 to 605 Chandler Street and for said purpose to appropriate the sum of $3,000. Leroy Curseaden.


Voted: To adopt this Article and appropriate the sum of $3,000.00 and that the work be done under the direction of the Road Commissioners.


ART. 80. To see if the Town will vote to correct the drainage problem on Edith Drive and to see what sum of money will be raised and appropriated for the purpose of this Article.


Claire Carroll.


Voted: That $500.00 be raised and appropriated to correct the drainage problem on Edith Drive and that the work be done under the direction of the Road Commissioners.


ART. 81. To see if the Town will vote to construct, equip and operate a system for drainage, consisting of pipelines, conduits, catch basins and appurtenances on South Amos Street to a suit- able discharge area, said work to be done under the direction of the Road Commissioners and to see if the Town will vote further to authorize the Selectmen and/or Road Commissioners to make such land takings or easements as may be necessary to carry out this work and raise and appropriate or transfer from available funds a sum of money for the purposes of this Article, or take any action in relation thereto.


Voted: To raise and appropriate $2,700.00 for this Article.


ART. 82. To see if the Town will vote to amend Article 1, Sec- tion 1 of the Town By-Laws to read, "The Annual Town Meeting for the annual election of town officers shall be held on the second Saturday in March," all other provisions of this By-Law to remain unchanged. Board of Selectmen.


Voted: To adopt this Article. A unanimous vote. Approved by Attorney General May 19, 1959.


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ART. 83. To see if the Town will vote to raise and appropriate a sum of money to indemnify Robert Haines from the claims arising from an accident on April 3, 1958 while operating a police cruiser in favor of Joseph Killeen, or take any action in relation thereto. Town Counsel.


Voted: To indefinitely postpone.


Meeting was adjourned at 11:30 P.M.


And you are directed to serve this warrant, by posting attested copies thereof upon the Town Hall and in the Post Office and by leaving at least five hundred (500) copies at the Post Office and at the Town Hall in said Town, eight (8) days at least before the time of holding said meeting.


HEREOF FAIL NOT, AND MAKE DUE RETURNS OF THIS WARRANT, with your doings thereon, to the Town Clerk at the time and place of Meeting as aforesaid.


Given under our hands this 11th day of February, in the year of our Lord one thousand nine hundred and fifty-nine.


VICTOR N. CLUFF. . JOSEPH J. WHELAN GEORGE A. O'CONNELL JOHN J. HART JOHN D. SULLIVAN Selectmen of Tewksbury.


A true copy. Attest : WALTER J. JOP Constable of Tewksbury.


Middlesex, ss.


Tewksbury, Mass., Feb. 27, 1959


By virtue of this warrant, I this day at 2:00 P. M. served this warrant by posting up true and attested copies at the Post Offices and Town Hall and by leaving at least 500 copies at the Post Offices and Town Hall in said Tewksbury, eight (8) days before the said time of holding meeting.


WALTER J. JOP Constable of Tewksbury.


A true copy. Attest : ALICE A. PIKE Town Clerk


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ANNUAL TOWN ELECTION


Tewksbury, Massachusetts, March 11, 1959


At a meeting of the inhabitants of the Town of Tewksbury, qualified to vote in town affairs, held this day at the Town Hall, Pre. 1, South Tewksbury Betterment Association Building, Pre. 2, and the North Street School, Pre. 3, the following business was transacted.


Registers on ballot boxes showed 0000 and check-lists were in order. Polls officially opened at 10 o'clock A. M. and closed at 8:00 P. M. There were 1,208 votes cast in Pre. 1, 732 votes in Pre. 2 and 833 votes in Pre. 3, making a total of 2,773 votes.


Election officers were as follows:


PRE. 1 .- Harry A. Treadwell, Warden; Mamie A. Dugau, Deputy Warden; Rose J. McCoy, Clerk; Donelda Tousignant, Act- ing Deputy Clerk, Beatrice A. Wells, Eleanor Spencer, Edwedge M. McCausland, Dorothea A. Holmes, H. Louise Morris, Ernestine R. Mugford, Louise Donovan, Doris S. Osterman, Marguerite T. Cooney, Gladys Collins, Ruby E. Walker, Marion Carlson, Gladys E. Gale, Marilyn J. Quinn, Lois Sherman, Raymond Kelleher, Sarah A. Fairbrother, Alice P. Marcotte, Irene M. Coombes, Thelma Rice, and Eleanor McCoy.


PRE. 2. - Gloria A. Deputat, Warden; Mary E. Brown, Deputy Warden; John E. Hedstrom, Clerk; Virginia G. Girard, Deputy Clerk; Helen B. Ward, Grace J. Hannigan, Mildred A. Gourley, John R. Craig, Doris E. Wheeler, Ruth S. Mores, Elizabeth Collins, Rita A. Thompson, Warren Carey, Thomas C. McCausland, Jr., Dorothy M. Nolan, Ida M. Gourley and Helen Eaton.


PRE. 3 - Bertha B. Benner, Warden; Gladys L. O'Connell, Deputy Warden; Florence Richards, Clerk; Jesse A. Davis, Deputy Clerk; Helen N. Johnson, Helen A. Hair, Marguerite B. Tibbetts, Marion H. Blair, Lilyan Blaquiere, Viola Van Horn, Mary Delaney, Freda K. Greeno, Catherine C. Gleason, Muriel Hart, Madelyn T. Reynolds, Virginia M. Pope, Vera E. Ebinger and Evelyn Sederquist.


Official result of count:


Selectmen - Three Years


Pre. 1


Pre. 2 Pre. 3 Total


John H. Hart


347


223


330


900


Thomas A. Abbott


482


416


313


1211 Elected and sworn


Frank A. Antonelli


472


257


189


918


John A. Morrissey


529


277


204


1010 Elected and sworn


James C. Munroe


111


71


66


248


Henry E. Wells


278


267


214


759


Blanks


196


154


148


498


Others


1


1


2


47


Board of Welfare - Three Years


Pre. 1 Pre. 2 Pre. 3 Total


Thomas A. Abbott


789


532


468


1789 Elected and sworn


Ward R. Davis


374


245


234


853


James C. Munroe


349


220


164


733


Henry E. Wells


483


400


342


1225 Elected and sworn


Blanks


421


269


256


946


Board of Health - Three Years


Thomas A. Abbott


650


456


414


1520 Elected and sworn


Ward R. Davis


201


144


131


476


James C. Munroe


180


115


73


368


Blanks


177


118


114


409


Assessor - Three Years


Austin F. French


1038


695


623


2356 Elected and sworn


Blanks


170


137


108


415


Others


2


2


Moderator -


One Year


Alan M. Qua


1029


699


622


2350 Elected and sworn


Blanks


177


134


108


419


Others


2


2


4


Park Commissioner - Three Years


Leslie Collins


991


678


597


2266 Elected and sworn


Blanks


216


153


130


499


Others


1


2


5


8


Planning Board - Three Years


Robert W. Lacey


643


434


441


1518 Elected and sworn


Nelson P. MacArthur 476


306


226


1008


Blanks


89


92


65


246


Others


1


1


Road Commissioner - Three Years


George R. Gray


781


510


518


1809 Elected and sworn


Richard E. Fortier


368


267


180


815


Blanks


59


56


34


149


School Committee - Three Years


David J. Beattie


477


350


387


1214 Elected and sworn


Francis X. Kelley


598


431


343


1372 Elected and sworn


Thomas B. Beattie


135


85


87


307


Stephen A. Gendall


206


85


55


346


Eugene Mclaughlin


494


349


212


1055


Donald A. Pope


327


227


242


796


Blanks


177


139


137


453


Others


2


1


3


48


.


Trust Fund Commission - Three Years


Pre. 1 Pre. 2 Pre. 3 Total


Frederick M. Carter .. 1019


689


619


2327 Elected and sworn


Blanks


189


143 113


445


Others


1


1


Trustee Public Library - Three Years


Marian E. French


1014


682


615


2311 Elected and sworn


Harry Priestley


943


631


564


2138 Elected and sworn


Blanks:


459


353


285


1097


Water Commissioner - Three Years


Charles R. Carter


986


678


614


2278 Elected and sworn


Blanks


222


151


118


491


Others


4


4


QUESTION: "Shall an act passed by the General Court in the year nineteen hundred and forty-nine entitled 'An act relative to the granting of vacations for members of the regular or permanent police and fire forces in certain cities and towns' be accepted?"


Yes


572


443


334


1349


No


528


300


316


1144


Blanks


108


90


82


280


Attest: ALICE A. PIKE


Town Clerk


SPECIAL TOWN MEETING


Warrant and action thereon.


Middlesex ss.


To any of the Constables of the Town of Tewksbury in said County :


IN THE NAME OF THE COMMONWEALTH OF MASSACHUSETTS, you are hereby directed to notify and warn the inhabitants of the Town of Tewksbury, qualified to vote in Town affairs, to meet and assemble at Town Hall in said Tewks- bury on Wednesday, the 6th of May, 1959 at eight o'clock P.M. to act on the following Articles:


ART. 1. To see if the Town of Tewksbury will vote to transfer from Excess and Deficiency the sum of $500 to the Water Department to provide for the installation of the necessary water connections to connect the Tewksbury Water System to the house of Andrew T. Kilpatrick or take any action in relation thereto. George Hall.


Voted: Not to accept this Article.


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ART. 2. To see if the Town of Tewksbury will vote to transfer from Excess and Deficiency Account the sum of $600.00 to provide for leasing suitable quarters for the Veterans of Foreign Wars, Tewksbury Post No. 8164, in accordance with Chapter 40, Section 9, as amended, General Laws of Mass. or take any other action relative thereto, the expenditure of this appropria- tion to be retroactive to January 1, 1959.


Wm. Waas and Others.


Voted: To transfer from Excess and Deficiency Account the sum of $600.00 to provide for leasing suitable quarters for the Veterans of Foreign Wars Tewksbury Post No. 8164 in accordance with Chap. 40, Sec. 9, as amended, G. L. of Mass. the expenditure of this appropriation to be retroactive to January 1, 1959.


ART. 3. To see if the Town will vote to amend the Zoning By-Law by changing the following area from a general residence and farming area to Heavy Industry by adding the following section G to section 4 so as to read as follows: section G that parcel of land containing 360 acres more or less as shown on a plan entitled Tewksbury Industrial Park, Alton Property Estates, Scale 1 inch equals 100 feet, April 9, 1959, Dana F. Perkins and Sons, Civil Engineers, Reading, Mass., and which parcel is bounded and described as follows: Beginning at a point where the southerly side line of Andover Street interesects the town line of Andover and Tewksbury: thence by the said town line S 57° 09' 19" E 3066.20 feet to land now or formerly of Howard H. Leighton; thence by land of said Leighton by 8 courses as follows:


S 24° 33' 10" E 16.63 S 23º 52' 40" E 139.23 S 18° 19' 50" E 106.58 S 17º 58' 00" E 132.76 S 17º 29' 20" E 113.60 S 11º 19' 24" W 721.11 S 10° 03' 40" W 223.63 S 14º 15' 50" W 438.74 to the north side of Kendall St. thence in a westerly direction on the northerly side of Kendall St. by 10 courses as follows:


N 83° 20' 20" W136.69


S 79° 38' 30" W345.48 thence by a curved line in a southwesterlv direction with a radius of 350.00 feet and a length of 159.16 feet - S 53º 35' 30" W 150.75 thence by a curved line in a northwesterly direction with a radius of 400 feet and a length of 157.52 feet - S 76° 09' 10" W 110. ft. to Meadow Brook thence by a curved line in a southwesterly direction with a radius of 400 feet and a length of 173.18 feet, thence by a curved line in a northwesterly direction with a


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radius of 400 feet and a length of 173.18 feet, thence by a curved line in a northwesterly direction with a radius of 400 feet and a length of 71.31 - S 61° 33' 40" W 160.39 thence by a curved line in a southwesterly direction with a radius of 250 feet and a length of 286.08 feet to land of Alton Properties, Inc. - thence by land of said Alton Properties, Inc. by 5 courses as follows:


S 85° 59' 50" W 354.51 N 28° 26' 20" W 648.82 N 50° 32' 00" W 462.03 N 36° 50' 30" W 489.42 S 47° 21' 30" W 451.32;


thence S 48° 22' 30" W by land of Alton Properties, Inc., and land of Town of Tewksbury 285.17 feet to land of John D. Sullivan; thence by land of said John D. Sullivan by 5 courses as follows:




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