Town of Tewksbury annual report 1956-1962, Part 18

Author: Tewksbury (Mass.)
Publication date: 1956
Publisher: Tewksbury (Mass.)
Number of Pages: 1502

USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1956-1962 > Part 18

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

Section 69D. Any town which has accepted the provisions of sections sixty-nine C to sixty-nine F, inclusive, shall elect in the following manner a board of public works, hereinafter called the board, to con- sist of three members. The initial members thereof shall be elected, one to serve for one year, one for two years, and one for three years, from the date of the annual meeting at which they are elected, and there- after when the term of any member expires, his successor shall be elected to serve for three years. In all cases the members shall serve until their successors are elected and qualified. The members of the board shall, after each election, elect one of their members to act as chairman for the ensuing year.

Upon the election and qualification of the members of the board, the board shall have all the powers and duties now or from time to time vested by general law or special act in the following boards, departments and offices, or in boards, departments and offices having corresponding powers and duties in said town, to wit: - road com- missioners, surveyors of highways, superintendent of streets, water com- missioners, sewer commissioners, municipal light board or park com- missioners, cemetery commissioners, tree warden, moth superintendent and forestry department, and such boards, departments and offices shall thereupon be abolished. No contracts or liabilities then in force shall be affected by such abolition, but the board of public works shall in all respects be the lawful successor of the boards, departments and offices so abolished.

The board shall have such additional powers with respect to the furnishing of engineering services, the collection and disposal of gar- bage and refuse, the maintenance and repair of town buildings and property, and the performance of such duties of any boards, depart- ments and offices of the town as may be reasonably related to the duties and responsibilities of a board of public works, as the town may, from time to time, by by-law provide, any other provisions of law to the contrary notwithstanding.

Section 69E. The board shall appoint and fix the compensation of a superintendent of public works, who shall exercise and perform, under the supervision and direction of the board, such of the powers, rights and duties transferred to it under section twenty-one as it may from time to time designate. He shall be responsible for the efficient exercise and performance of such powers, rights and duties and shall hold office subject to the will of the board. He shall be specially fitted by education, training and experience to perform the duties of said office and may or may not be a resident of the town. During his tenure he shall hold no elective or other appointive office, nor shall he be engaged in any other business or occupation. He shall give to the town a bond with a surety company authorized to transact business in the commonwealth as surety, for the faithful performance of his duties, in such sum and upon such conditions as the board may require, and shall, subject to the approval of the board, appoint such assistants, agents and em- ployees as the exercise and performance of his powers, rights and duties may require. He shall keep full and complete records of the doings of his office and render to the board as often as it may require a full report of all operations under his control during the period reported upon, and annually, and from time to time as required by the board, he shall make a synopsis of such reports for publication. He shall keep the board fully advised as to the needs of the town within the scope of his duties, and shall furnish to the board each year upon its request a carefully prepared and detailed estimate in writing of the appropriations re- quired during the next succeeding fiscal year for the proper exercise and performance of all said powers, rights and duties.

Section 69F. Any town which has accepted the provisions of said sections sixty-nine C to sixty-nine F, inclusive, may, after the expiration of three years from the date of such acceptance, vote at an annual meeting to revoke such acceptance, and the question of such revocation shall be submitted to the voters in the form of the following question : - "Shall the acceptance by the town of sections sixty-nine C to sixty-nine F, inclusive, of Chapter forty-one of the General Laws providing for the establishment of a board of public works exercising the powers of certain other departments and town officers be revoked?" If a majority of the votes cast in answer to said question is in the affirmative, then at the next annual town election held after said vote to rescind, the town shall elect such officers as are necessary to exercise and perform the powers, rights and duties transferred to the board of public works by said section. Such action shall not affect any contract or liability then created or existing. All general laws respecting town administration and town officers, and any special laws relative to said town, the operation of which has been suspended or superseded by the acceptance of this act, shall then be in full force and effect. Any by-law inconsistent with such special or general laws shall be revoked thereby. Any sub- sequent vote to rescind the acceptance of said sections shall not be taken more often than once in three years.

Section 2. Section 21 of said Chapter 41 is hereby amended by striking out the first paragraph, as appearing in the Tercentenary Edition, and inserting in place thereof the following paragraph: -

By vote of a town meeting called for the purpose in any town at least sixty days before an annual meeting, or upon request by petition of ten per cent of the qualified voters of any town filed with the select- men thereof at least sixty days before an annual town meeting asking that the selectmen act as a water and sewer board, water commissioners, water and municipal light commissioners, municipal light board, sewer commissioners, park commissioners, board of public works, board of health, assessors, commission of public safety or board of public welfare, or perform the duties of such boards or officers or any of them or that cemetery commissioners, assessors, a superintendent of streets, a chief of the police and fire departments or a tree warden be thereafter ap- pointed by the selectmen, the selectmen of such town shall include in the warrant for such annual meeting for submission to the voters such question or questions in the following form, to be placed on the official ballot in towns using such ballot: -

Shall the town vote to have its selectmen act as

YES

Shall the town vote to have its selectmen appoint

YES

Approved Feb. 25, 1953

ART. 53. To see if the Town will vote to amend the Building Laws of the Town as follows:

ADD THE FOLLOWING TO SECTION 21

Third Class Construction

Third class construction shall mean the use of brick, stone, re- inforced concrete, or other equally substantial and fire resistive mate- rials in the construction of exterior, party, and fire walls of buildings of which the floors, roof, and interior partitions may be of ordinary wood construction.

ADD THE FOLLOWING TO BE KNOWN AS SECTION 9A

Any building hereafter constructed or to be used for business in all districts whether retail, wholesale, manufacture, office building, or other than residential, shall be a minimum of third class construction as so defined in Definition of Terms, Section 21.

Wall Height

The height of masonry walls shall not exceed twenty (20) times the thickness of such unsupported walls unless reinforced by adequate cross-walls, buttresses or columns.

No timber or other combustible material shall be used to support any masonry wall.

ADD THE FOLLOWING TO BE KNOWN AS SECTION 6A

Non-conforming Buildings

Where a non-conforming or illegal building is destroyed, damaged, or deteriorates to an extent that restoration under the existing Building Zoning or by-law to its condition before being destroyed, damaged or deterioration, would cost more than 40% of the cost to reproduce new the entire building, it shall not be restored or reconstructed unless the building and all its uses shall be made to conform to the use regulations of the district in which the building is located.

ADD THE FOLLOWING TO BE KNOWN AS SECTION 8A

Fees

All fees required by this Chapter shall be charged for in accordance with the following schedule:

A. For the erection, remodelling, reconstruction, or repair of any building or structure for each one thousand dollars ($1,000) or major fraction thereof, of the estimated cost of the work $1.00

B. For the demolition of a structure. $2.00

C. For the moving of a structure. $2.00

The minimum fee to be charged $2.00 The maximum fee to be charged. $100.00

ADD THE FOLLOWING TO SECTION 24

The Building Inspector may revoke a permit, or approval issued under the provisions of this code in case there has been any false state- ment or misrepresentation as to material, fact in the application, or plans, on which the permit or approval was based, or whenever any permit or approval has been issued in error and the conditions are such that a permit or approval should not have been issued.

ADD THE FOLLOWING TO BE KNOWN AS SECTION 15A

An opening with a minimum of 24" x 24" shall be provided into each attic space for inspection and repair.

ADD THE FOLLOWING TO BE KNOWN AS SECTION 9 Built-up Beam

A built-up beam which is composed of vertically laminated pieces shall be fastened together by bolts that are placed near the top and bottom edges in staggered rows, with a longtitudinal distance between bolts not exceeding four times the depth of the beam.

Notched beam or girder

A wood girder or beam may be notched at any section other than the middle third of the span, provided the notch depth is less than 1/5 of the depth of the member. Holes, with a diameter which does not exceed 1/4 of the depth of a girder or beam, may be bored, in the center third of the depth of the middle third of the span, or in the top or bottom third of the depth of the outer thirds of the span of a simply supported member.

ADD THE FOLLOWING TO BE KNOWN AS SECTION 15A

The Building Inspector or the head of the Fire Department may require that sprinklers and wet or dry standpipes be installed where the size, type, or particular occupancy of a structure make such protection necessary.

To see if the Town will vote to strike out Paragraph 2 of Section 24 of the Building Laws and substitute the following:

The Building Inspector may, with the consent of the Board of Selectmen, institute proceedings to enforce this by-law and to enjoin the erection, continuance or occupation of any building in violation of the provisions of this by-law. Building Inspector

Voted to adopt.

Approved by George Fingold, Attorney General, May 7, 1957, except section 6A, which is disapproved.

ART. 54. To see if the Town will vote to raise and appropriate or transfer from E & D, or available funds, the sum of $6,000.00 to install a coded air fire alarm system; said system to include a cement block house in the rear of Central Fire Station, with air tanks and other necessary pieces placed in this cement block house and in the Central Fire Station. This $6,000.00 to include cement block building. Fire Department

Article defeated.

ART 55. To see if the Town will vote to raise and appropriate or transfer from E & D or available funds, the sum of $80.00 for out of State expense or take any other action in relation thereto. Anthony Obdens, Fire Chief

Voted to adopt and raise and appropriate $80.00.

ART. 56. To see if the Town will vote to raise and appropriate the sum of $800.00 for the proper observance of Memorial Day, and a Committee to be appointed by the Moderator, said committee to expend money. The Committee to be taken from members of the Veterans of Foreign Wars, American Legion, Amvets and Disabled American Veterans. V. Baldacci

Voted to adopt this article and raise and appropriate $300.00 for same.

Committee appointed: Raymond Kelleher, Richard P. Morris, Harry M. Youney and Edward Whitton.

ART. 57. To see if the Town will appropriate the sum of $3,000.00, under the direction of a playground commission of five members to be appointed by the moderator in accordance with Chap. 15, Sec. 14 of the General Laws of the Commonwealth of Massachu- setts, or take any other action relative thereto. Roger D. Harsch

Voted to adopt and appropriate the sum of $3,000.00 for same.

ART. 58. To see if the Town will vote to raise and appropriate a sum of money to construct a hard surface sidewalk on the easterly side of North Street, between East and Main Streets, or take any other action in relation thereto. Thelma Darby

Voted to raise and appropriate $300.00 under this article and that the work be performed by the Highway Department.

ART. 59. To see if the Town will vote to authorize and empower a committee composed of three members to continue as the 1954 School Building Committee to supervise, execute or perform any duties necessary or desirable to carry out the action voted by the Town under Art. 18 of the warrant for a special town meeting

of Sept. 12, 1956, calling for the construction, equipping and fur- nishing of a six room addition and playground to the present Shawsheen School including the employment of professional ser- vice, technical advice, securing plans, specifications and bids for the erection of said school addition and to accept in the name of the town the lowest responsible bid submitted, and to execute all legal documents for contracts, approve all expenditures and vouchers for services rendered, for material supplied in connection with the same, or take any action in relation thereto.

1954 School Building Committee

Voted to authorize and empower Loella F. Dewing, John P. Murphy, Jr. and O. Rex Read to continue as the 1954 School Building Committee to supervise, execute or perform any duties necessary or desirable to carry out the action voted by the Town under Art. 18 of the warrant for special town meeting of Sept. 12, 1956, calling for the construction, equipping and furnishing of a six room addition to the present Shaw- sheen School, including the employment of professional service, technical advice, securing plans, specifications and bids for the erection of said school addition and to accept in the name of the Town the lowest res- ponsible bid submitted, and to execute all legal documents for con- tracts, approve all expenditures and vouchers for services rendered, for material supplied in connection with the same.

ART. 60. To see if the Town will vote to raise and appropriate a sum of money for the use of the committee appointed under the fore- going article for the purpose therein set forth, or take any action in relation thereto. 1954 School Building Committee