USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1955-1960 > Part 78
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ART. 28- To see if the Town will vote to raise and appropriate the sum of $1,500.00 for the maintenance of Chapter 90 high- ways, said money to be used in conjunction with any money which may be allotted by the State or County, or both, for this purpose or take any other action relative thereto; and will fur- ther vote to transfer the sum of $3,000.00 from the E & D Account in anticipation of re-imbursement from the State and County for the work, or take any other action relative thereto. Road Commissioners.
ART. 29 - To see if the Town will vote to transfer the sum of $37,925.00 from the E & D Account in anticipation of the re- imbursement from the State for Highway maintenance under Chapter 81 or take any other action relative thereto.
Road Commissioners.
ART. 30- To see if the Town will vote to continue the Highway Machinery Fund and to appropriate an additional sum in- cluding the unexpended balance of the 1960 Highway Machi- nery Account to be added to the amount already accredited to this fund for Highway Machinery purposes, or take any other action relative thereto. Road Commissioners.
ART. 31- To see what sum of money the Town will vote to transfer from the Highway Machinery Fund for the purchase, repair and maintenance of Road Machinery equipment for 1961 or take any other action relative thereto. Road Commissioners.
ART. 32- To see if the Town will vote to raise and appropriate the sum of $1,200.00 for the construction of a drainage system on Tanglewood Avenue or take any other action relative thereto. Road Commissioners.
ART. 33- To see if the Town will vote to raise and appropriate the sum of $3,000.00 for the construction of a drainage system on Andover Street or take any other action relative thereto. Road Commissioners.
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ART. 34- To see if the Town will vote to raise and appropriate the sum of $1,000 to correct the drainage problem between 263/279 Chandler Street and the culvert at East Street. Francis G. Cummings and others.
ART. 36-To see if the Town will vote to accept the following streets as laid out by the Road Commissioners with boundaries and measurements as shown on a plan on file with the Town Clerk:
Brookfield Road Kingfisher Road
Woodland Drive
David Street Douglas Road So. Oliver Street Road Commissioners.
ART. 36 - To see if the Town will vote to raise and appropriate or transfer from available funds, the sum of $85,000.00 for the pur- pose of constructing and equipping a garage for storing Highway Department and Tree Department equipment; this sum includes architect fees and the proposed location to be at Whipple Road and Pine Street, land owned by the Town, or take any other action relative thereto. Road Commissioners - Tree Warden
ART. 37- To see if the Town will vote to authorize the Board of Selectmen to authorize and empower a committee to supervise, execute or perform anv duties necessary or desirable to carry out the construction and equipping of the new Highway Depart- ment and Tree Department garage, or take anv other action relative thereto. Road Commissioners - Tree Warden.
ART. 38 - To see if the Town will authorize the Selectmen to sell to the Tewksbury Congregational Church for the sum of $100.00 the land and building now owned by the Town and occupied by the Tree and Moth Department, located on the north side of East Street and adjoining on the east land now owned by said church, and authorize the Selectmen to execute on behalf of the Town any deed necessary to transfer title. Harold J. Patten and others.
ART. 39 - 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 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 and in the event said entire sum is not required for said installations, the unexpended balance shall likewise be credited to estimated receipts, or take any action in relation thereto. Water Commissioners.
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,
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under the supervision of the Board of Water Commissioners, or take any action in relation thereto. Water Commissioners.
ART. 41 - 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 Commissioners.
ART. 42- To see if the Town will vote to expend the sum of $3,150.00 from the Installation Account, for the purpose of installing approximately 900 feet of water pipe in Sheen Road, provided that cost of said water installation has been first de- posited 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.
ART. 43- To see if the Town will vote to expend the sum of $2,887.50 from the Installation Account, for the purpose of installing approximately 825 feet of water pipe in Shaw 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.
ART. 44- To see if the Town will vote to expend the sum of $3,500.00 from the Installation Account, for the purpose of installing approximately 1000 feet of water pipe in Jean Road, provided that cost of said water installation has been first de- posited 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.
ART. 45- To see if the Town will vote to expend the sum of $3,500.00 from the Installation Account, for the purpose of installing approximately 1000 feet of water pipe in Dianne 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.
ART. 46- To see if the Town will vote to expend the sum of $3,500.00 from the Installation Account, for the purpose of installing approximately 1000 feet of water pipe in Towanda 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.
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ART. 47 - To see if the Town will vote to expend the sum of $4,200.00 from the Installation Account, for the purpose of installing approximately 1200 feet of water pipe in South Rhoda Street, 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.
ART. 48- To see if the Town will vote to expend the sum of $1,000.00 from the Installation Account, for the purpose of installing approximately 200 feet of water pipe in North Bille- rica Road, provided that cost of said water installation has been first deposited with the Town Treasurer and applied to esti- mated receipts and to authorize the Water Commissioners to do such work and expend such money, or take any action in rela- tion thereto. WaterCommissioners
ART. 49- To see if the Town will vote to expend the sum of $3,500.00 from the Installation Account, for the purpose of installing approximately 1000 feet of water pipe in Bantry Road, provided that cost of said water installation has been first de- posited 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.
ART. 50- To see if the Town will vote to expend the sum of $400.00 from the Installation Account, for the purpose of in- stalling approximately 100 feet of water pipe in Pringle Street, provided that cost of said water installation has been first de- posited 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.
ART. 51- To see if the Town will vote to expend the sum of $2,450.00 from the Installation Account, for the purpose of in- stalling approximately 700 feet of water pipe in Buttercup Lane, provided that cost of said water installation has been first de- posited 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.
ART. 52- To see if the Town will vote to expend the sum of $1,750.00 from the Installation Account, for the purpose of installing approximately 500 feet of water pipe in Marion Drive, provided that cost of said water installation has been first de- posited with the Town Treasurer and applied to estimated receipts and to authorize the Water Commissioners to do such
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work and expend such money, or take any action in relation therto. Water Commissioners.
ART. 53- To see if the Town will vote to raise and appropriate or transfer from E & D the sum of $35,000.00 for a survey by a recognized public water system engineer, for the purpose of establishing locations for gravel packed wells, said survey to furnish all of the necessary information, estimates of cost, etc., under the supervision of the Board of Water Commissioners, or take any other action in relation thereto.
Water Commissioners.
ART. 54- To see if the Town will vote to raise and appropriate or transfer from E & D the sum of $2,500.00, or any other sum, for the purpose of installing a public water main in Sunnyslope Avenue for a distance of approximately 500 feet, and to author- ize the Water Department to do such work and expend such money or take any action relative thereto.
Water Commissioners.
ART. 55 - To see if the Town will vote to raise and appropriate or transfer from E & D the sum of $1,050.00, or any other sum, for the purpose of installing a public water main in Mississippi Road for a distance of approximately 300 feet, and to authorize the Water Department to do such work and expend such money or take any action relative thereto. Water Commissioners.
ART. 56 - To see if the Town will vote to raise and appropriate or transfer from E & D the sum of $1,500.00, or any other sum for the purpose of installing a public water main in Dubuque Avenue for a distance of approximately 300 feet, and to author- ize the Water Department to do such work and expend such money or take any action relative thereto. Water Commissioners.
ART. 57 - To see if the Town will vote to authorize the Board of Water Commissioners and Board of Selectmen to acquire by purchase, gift, devise or otherwise, or take by eminent domain, in fee simple under the authority of General Laws, Chapter 79, as amended, Chap. 61 of the Acts of 1951 and Chapter 40, Section 14, the following described two parcels of land listed as Parcel 1 and Parcel 2 for an additional well field and to protect the present town water supply system:
Parcel 1 southeasterly by North Street, by several lines measuring together, nine hundred sixty-nine and 81/100 (969.81) feet; southwesterly two hundred thirty and 33/100 (230.33) feet, and southerly one hundred six and 78/100 (106.78) feet, by land now or formerly of Edith A. Stevens; southwesterly by lands now or formerly of said Stevens and of Edwin C. Law et al, fourteen hundred sixty and 41/100 (1460.41) feet; southeasterly by said Law et al land, six hundred thirty-seven and 3/100 (637.03) feet; southwesterly by land
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now or formerly of Annie E. Lynch, by two lines measuring together, eight hundred eighty-two and 44/100 (882.44) feet; westerly by the end of Court St. and by lands now or formerly of the persons whose names are written on a plan hereinafter mentioned, twelve hundred sixty-three and 24/100 (1263.24) feet; northerly by land now or formerly of the Lowell and Andover Railroad Company, twenty-five hundred thirty-five and 2/100 (2535.02) feet; easterly two hundred ten and 64/100 (210.64) feet, and northerly six hundred seventeen and 99/100 (617.99) feet, by land now or formerly of Frank W. Livingston. Parcel 2 bounded northwesterlv 637.02 feet by land of Armando DeCarolis, Jr. and Joyce A. DeCarolis; northeasterlv 700 feet by land of Armando DeCarolis, Jr. and Joyce A. DeCarolis; southeasterly by land of owners unknown, 925 feet.
And to see if the Town will vote to raise and appropriate the sum of two dollars for such takings or purchases, or take any other action in relation thereto. Water Commissioners. ART. 58 - To see if the Town will vote to raise and appropriate the sum of $1,214.25 to indemnify Francis G. Cumings for medical expenses incurred as a result of injuries sustained while acting in the course of his duties as a member of the Tewksbury Fire Department or take any other action relative thereto.
William A. Chandler, Fire Chief
ART. 59. - To see if the Town will vote to raise and appropriate the sum of $2,500.00 for necessary repairs to the Central Fire House and Legion Headquarters or take any other action thereto. American Legion, Eugene L. Roux, Cmdr.
ART. 60- To see what sum of money the Town will vote to raise and appropriate or transfer from available funds for the purpose of converting one of the present storerooms, adjacent to the Tax Collector's office, into a fireproof storage area for the records of the Collector, Auditor and Treasurer as required by Sections 11 and 12 of Chapter 66 of the General Laws.
William J. O'Neill, Collector-Treasurer.
ART. 61 - 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 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 population; to facilitate the adequate provision of transportation,
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water, sewerage, schools, parks and other public requirements; to conserve the value of land and buildings; to encourage the appropri- ate 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
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 inci- dental 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, hous- ing, or enclosure of persons, animals, or materials. Any other struc- ture more than eight feet high shall be considered as a building, in- cluding a solid fence or wall, but excluding an electric transmission line or an electric light, telephone or telegraph pole, highway 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.
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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.
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 Uuit
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 intersection is not more than 135 degrees or where the interesection 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.
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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 con- sidered front lines.
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 dis- tance 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 line 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 per- mitted 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
The line dividing the street and the lot.
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.
.
1.31 Trailer
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.
1.32 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, extend- ing 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 buiding and the rear lot line, ex- tending the full width of the lot.
1.35 Yard, side
An open space between the buildings and the front lot line, extending 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 applicable provisions of this by-law.
SECTION 2 - CLASSES OF DISTRICTS
2.1 Divisions 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 boundary shall be deemed the center of the right-of-way.
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2.4 Land under water
The boundary of each district shall include land under any lake, pond, or stream lying therein.
2.5 More Restrictive Districts
A district shall be deemed to be more restrictive than any dis- trict appearing below it in the list contained in Paragraph 2.1.
SECTION 3 - GENERAL AND SPECIAL REQUIREMENTS
3.1 Compliance with By-Law
No land, building or premises, or part thereof, shall hereafter be used and no building or part thereof, or other structure shall be constructed, reconstructed, extended, enlarged, moved or altered except in conformity with this by-law. No lot shall have an area, width or a front, side or rear yard, less than that set forth in the applicable paragraph hereof, except as otherwise specifiically pro- vided in this ordinance. No building or buildings shall occupy in the aggregate a greater percentage of lot area nor be greater in height, than set forth in the applicable paragraph hereof, except as otherwise specifically provided in this by-law.
3.2 Reduction of Lot Area or Dimension
No lot shall be diminished nor shall any yard, court or any other open space be reduced except in conformity with this by-law, or with the approval of the Board of Appeals as provided in Sec- tion 10.
3.3 Required Lot Width and Frontage
No building shall be built on any lot unless such lot has the required lot width as defined in Paragraph 1.24 and has a frontage of at least 25 feet on a public street or upon a street dedicated to public use.
3.4 Lots Lying in More than One District
In the case of lots lying in more than one district, the provisions of the less restrictive district may be applied for a distance of not over 25 feet into the more restrictive district, provided that such lot has frontage on a street in the less restrictive district.
3.5 Open Space Required for Each Building
Except as specifically provided herein no part of any yard or other open space required about any building may be included as part of a yard or other open space required for any other building.
3.6 Projection into Open Spaces
Nothing in this by-law shall prohibit the projection of not more than one foot into a required open space of pilaster, columns, belt courses, sills, cornices, or other similar architectural features nor the planting or landscaping of such open spaces except as provided in Paragraph 3.7 hereof.
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