USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1955-1960 > Part 80
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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 witht he 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 prescribed.
10.3.4 The Board of Appeals shall have the folowing powers and duties:
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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 condition especially affecting such parcel but not affecting 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 a building or the use of land, can be granted without impairing the general purpose and intent of this by-law, then the Board will 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, sub-division, clause or pro- vision so adjudged, and the remainder of this by-law shall be deemed valtid and effective.
JOHN J. COONEY THOMAS P. SAWYER ROGER F. LAFRENIERE ROBERT W. LACEY ROBERT W. BARRON
Planning Board
ART. 62- To see if the Town will accept the report of the "Junior High School Building Committee" authorized under Article I of the special town meeting held on September 28, 1960.
ART. 63. - To authorize the "Junior High School Building Com- mittee" referred to in the previous Article to proceed with the
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detailed plans and specifications for the construction of the school buildings as referred to in the report of this committee. This authorization will allow the committee to call for certified bids on the plans and specifications, to accept or reject any or all bids, and to present the final bids accepted by the com- mittee to a special town meeting for acceptance by the Town.
ART. 64- To see if the Town will vote to raise and appropriate the sum of seventy-five thousand dollars ($75,000.00) to carry out the provisions of the preceding Article.
ART. 65 - To see if the Town will vote to hold a special town meeting on April 12, 1961 at eight o'clock P. M. to comply with Article II.
ART. 66- To see if the Town will vote to raise and appropriate the sum of one dollar ($1.00) for a Junior High School site to be paid to the Commonwealth of Massachusetts.
ART. 67. - To see if the Town will vote to authorize the Board of Selectmen to take any other land by eminent domain as seems advisable or take any other action relative thereto. Junior High School Building Committee.
ART. 68 - To see if the Town will vote to raise and appropriate the sum of $200.00 to be added to the 250th Anniversary Celebra- tion Fund, as authorized by a special act of the Legislature passed on October 25th, 1960. Board of Selectmen.
ART. 69- To see if the Town will vote to authorize the Board of Selectmen to release to the Commonwealth of Massachusetts a certain parcel of land of approximately five acres adjacent to or on the new proposed Interstate Highway 495 and as shown on Plan of the Department of Public Works, now on file with the Town Clerk, for the sum of one dollar, and authorize the Selectmen to sign any or all agreements necessary to accomplish this action. Board of Selectmen.
ART. 70- To see if the Town will vote to authorize and reimburse Selectman Victor N. Cluff to serve as standby slaughtering inspector, this authorization to remain in effect until rescinded. Board of Selectmen.
ART. 71 - To see if the Town will vote to amend present Zoning By-Laws as follows:
Change Paragraph 6, Section 7C under "Uses Permitted in Industrial Districts" to read "The manufacture, compounding, processing, packaging or treatment of beverages, candy, cos- metics, pharmaceuticals or drugs. The manufacture and pro- cessing of compressed gases in liquid, gaseous and solid form."
Industrial Commission.
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ART. 72- To see if the Town will vote to amend present Zoning By-Laws, as follows:
Under Section 7C "Industrial Districts" add a new sub- section after the expressed Prohibited Uses, to read as follows: REQUIRED LOT AREA, WIDTH, YARDS, COVERAGE
In Industrial Districts each lot shall have a minimum area of not less than one acre of land, which lot shall have a mini- mum frontage of one hundred and fifty feet, a minimum front yard set-back of forty feet from the established street line, a minimum side yards and rear yard set-back of thirty feet, a maximum building coverage of twenty per cent.
Industrial Commission.
ART. 73- To see if the Town will vote to amend the Zoning By- Laws to change from General Residence and Farming to a Local Business District the following parcel of land to permit said land to be used for the purpose of a supermarket:
The land shown on a plan entitled "Proposed Stores, Tewksbury, Mass., Scale 1" = 40 feet: S. A. Salsberg & Le Blanc, Architects; dated March 9, 1960," and being bounded and des- cribed as follows: Southwesterly by Andover Street, 120 feet; southerly and easterly by River Road, 280 feet; easterly by other land of Garabedian, 520 feet; northeasterly by other land of Garabedian, 310 feet more or less; westerly by the Lowell- Tewksbury town line, 700 feet more or less. Said parcel of land contains approximately five (5) acres more or less. Said parcel of land belonging to Carl S. Garabedian and Mary Garabedian, 936 Andover Street, Tewksbury, Massachusetts. Planning Board.
ART. 74- To see if the Town will raise and appropriate, or trans- fer from available funds, the sum of $31,500 or any other sum to complete the plans and reports, with estimates of costs, of a complete sewerage survey of the whole Town, said survey to be made by a competent engineering firm; the survey to be made under the direction of the Planning Board, or take any other action thereon. Planning Board.
ART. 75-To see if the Town will vote to accept the provisions of Chapter 120 of the Acts and Resolves of 1959 which provides for increasing the amount of pension of cerain retired police officers and firefighters who had not attained the age of sixty at the time of retirement. Board of Selectmen.
ART. 76- To see if the Town will vote to raise and appropriate the sum of $2,500.00 to be expended by the Park Commissioners for the purpose of developing land given to the Town by Her- bert L. Foster for recreational purposes. Park Commissioners.
ART. 77 - To see if the Town will appropriate the sum of $3,500.00 under the direction of a playground commission of five members
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to be appointed by the Moderator in accordance with Chapter 45, Section 14, of the General Laws of the Comomnwealth of Massachusetts or take any other action relative thereto."
Playground Commission.
ART. 78- To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $7,000.00 for the pur- pose of a recreation program to provide activities for children
appropriate to each season of the year, said sum to be expended by the Playground Commissioners; or take any action relative thereto. Playground Commission.
ART. 79 - To see if the Town will vote to authorize and direct the Playground Commissioners to engage the services of a Recrea- tion Director to supervise the operation of the recreation pro- gram to be established under the previous article; or take any action relative thereto. Plalyground Commission.
ART. 80- To see if the Town will vote to raise and appropriate or to transfer from available funds a sum of money for the purpose of installing seven twelve (12) foot sections of bleachers at the Tewksbury Stadium on the visitors' side of the football playing field, or take any other action in relation thereto. Edward J. Donahue and others.
ART. 81 - To see if the Town will vote to authorize a School Side- walk Committee of three members appointed by the Moderator to make studies and surveys of sidewalks to serve the various schools and to recommend construction of such sidewalks, said committee to report at a Special or the next Annual Town Meeting, or to take any other action in relation thereto. Tewksbury School Committee.
ART. 82. - To see what sum of money the Town will vote to raise and appropriate or transfer from available funds for the exten- sion of the existing sidewalk east from Regan Road to Route 38, a distance of approximately 1850 ft. and west from approxi- mately the intersection of Patten Road and Shawsheen St. to the intersection of Sullivan Parkway and Shawsheen St., a distance of approximately 960 ft., or take any other action relative thereto. Heath Brook School PTA
ART. 83 - To see if the Town will vote to authorize and empower a Committee (to be named by the Moderator) to supervise, execute or perform any duties necessary or desirable to carry out the purposes of the previous Article, this Committee to be known as the Heath Brook School PTA Sidewalk Committee. Heath Brook School PTA.
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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, seven (7) 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 31st day of January, in the year of our Lord, one thousand nine hundred and sixty-one.
JOSEPH J. WHELAN GEORGE A. O'CONNELL VICTOR N. CLUFF JOHN A. MORRISSEY THOMAS A. ABBOTT Selectmen of Tewksbury
A true copy, Attest:
Constable of Tewksbury
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Index
Appeals Board, Report of 46
Assessors, Report of
54
Auditor, Report of
89
Appropriation Statement
114
Balance Sheet 109
Births 45
Budget
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Building Inspector, Report of
62
Deaths
45
Election Results
34
Fire Department, Report of
63
Health Board, Report of
78
Plumbing Inspector
79
Dental Clinic
79 80
Slaughtering Inspector
81
Public Health Nurse 81
Highway Department (Road Commissioners), Report of 62
Historical Facts Pertinent to Tewksbury 47
Industrial Commission, Report of 64
Junior High School Building Committee, Report of 76
Jury List 43
Library Trustees, Report of 64
Librarian's Report 66
Marriages 45
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Physician
Meeting House Committee, The First 53
Planning Board, Report of 67
Playground Commission 68 Police Department, Report of 70
Public Welfare Board, Report of 55
Registrars of Voters, Report of 45
Road Commissioners (Highway Department), Report of 62
Salary Schedule W-5
Schools
S-1
Age-Grade Distribution
S-23
Age of Admission S-23
Calendar
S-3
Employees' Roster S-25
No School Signals S-3
School-Grade Distribution S-24
School Committee, Report of S-5
Superintendent, Report of S-5
Selectmen, Report of 84
State Audit Report 41
Tax Collector, Report of 82
Town Counsel, Report of 73
Town Clerk, Report of
45
Town Election, Annual
34
Town Officers, List of
3
Treasurer, Report of 74
Tree and Moth Department 75
Trust Funds 106
Vital Statistics 45
Warrant, Annual Town Meeting 1960 6
Warrant, Annual Town Meeting 1961
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Warrant, Special Town Meeting, September 28, 1960 37
Water Commissioners, Report of 60
Wire Inspector 76
A04 8
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