USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1956-1962 > Part 9
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Recommend adoption.
ART. 27. To see if the Town will vote to transfer the sum of $22,275 from the E. & D. acount in anticipation of reimburse-
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ment from the State for Highway Maintenance under Chapter 81, or take any other action relative thereto.
Board of Road Commissioners
Recommend adoption.
ART. 28. To see if the Town will vote to continue the Highway Machinery Fund as established at the last Annual Town Meeting, and to appropriate an additional sum, including the unexpended balance of the 1956 Highway Machinery Account, to be added to the amount already accredited to this fund for Highway Machinery purposes, or take any other action relative thereto. Board of Road Commissioners
Recommend that $7,756.14 be raised and appropriated.
ART. 29. To see what sum of money the Town will vote to trans- fer from the Highway Machinery Fund for the purchase, repair and maintenance of road machinery equipment for 1957 or take any other action relative thereto. Board of Road Commisioners
Recommend that $15,000 be transferred from the Highway Machinery Fund.
ART. 30. To see if the town will vote to raise and appropriate the sum of $5,200 for a crawler tractor and trailer to be used in plowing side walks for the Highway Department, or take any other action relative thereto. Board of Road Commissioners
Recommend indefinite postponement.
ART. 31. To see if the Town will vote to raise and appropriate the sum of $6,250 or any other sum for the improvement of Shawsheen Street, said money to be used in conjunction with any money which may be allotted by the State or County, or both for the purpose, or take any other action relative thereto, and will further vote to transfer the sum of $18,750 from the E. & D. acount in anticipation of reimbursement from the State and County for the work, or take any other action relative thereto. Board of Road Commissioners
Recommend adoption.
ART. 32. To see if the Town will vote to authorize the Board of Water Commissioners to proceed forthwith to notify the Town of Wilmington that the contract dated January 9, 1953 to furnish
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water will expire on January 9, 1958 and that, no renewal of the same is contemplated or take any action in relation thereto. Water Commissioners
ART. 33. To see if the Town will vote to authorize the Board of Water Commissioners to proceed forthwith, to notify the Town of Billerica that the Contract dated July 30, 1953 to furnish water will expire on July 31, 1958 and that no renewal of the same is contemplated or take any action in relation thereto. Water Commissioners
ART. 34. To see if the Town will vote to raise and appropriate or transfer from E. & D. the sum of $5,000.00 for a survey by a recognized public water system engineer, for the purpose of locating new well fields and to make a report at the next Annual Town Meeting. Said sum to be expended by the Water Commissioners. Water Commissioners
Recommend indefinite postponement.
ART. 35. 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 including sub- divisions, 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 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
Recommend adoption.
ART. 36 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 Department
Recommend adoption.
ART. 37. To see if the Town will vote to raise and appropriate the sum of $5,000.00 or any other sum for the purpose of install- ing a public water main in Pine Street for a distance of approxi- mately 1000 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
Recommend indefinite postponement.
ART. 38. To see if the Town will vote to raise and appropriate the sum of $1,000.00 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
Recommend that $400.00 be raised and appropriated.
ART. 39. To see if the Town will vote to raise and appropriate the sum of $350.00 for the purpose of installing 100 feet of six inch water pipe in Kingfisher Road to the residence of Lester Pye, Jr., providing that cost of said water installation 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, or take any action in relation thereto.
Recommend adoption.
ART. 40. To see if the Town will vote to authorize the Planning Board to transfer the sum of $300.00 to the Board of Road Commissioners, from the money in the John D. Cooke account, now on deposit with the Town Treasurer, to be expended by the Road Commissioners for the construction, repair and resurfacing of a portion of Grasshopper Lane, or take any action in relation thereto. Planning Board
Recommend adoption.
ART. 41. To see what sum of money the Town will vote to raise and appropriate to provide adequate controls of the heating system at the Town Hall so that each office may be properly heated. Planning Board
Recommend indefinite postponement.
ART. 42. To see if the Town will vote to raise and appropriate or transfer from E and D the sum of $500.00 for safety signs, or take any other action relative thereto. Board of Selectmen
Recommend that $500.00 be raised and appropriated.
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ART. 43. To see if the Town will vote to raise and appropriate or transfer from E and D the sum of $650.00 for Town Hall repairs or take any other action relative thereto.
Board of Selectmen
Recommend that $650.00 be raised and appropriated.
ART. 44. To see if the Town will appropriate the sum of $400.00 for Poison Ivy Control or take any other action relative thereto. Walter R. Doucette, Tree Warden
Recommend indefinite postponement.
ART. 45. To see if the Town will appropriate the sum of $300.00 for Nursery Stock or take any other action relative thereto. Walter R. Doucette, Tree Warden
Recommend indefinite postponement.
ART. 46. To see what sum of money the town will appropriate to equip the Tree Department truck with a snowplow or take any other action relative thereto.
Walter R. Doucette, Tree Warden Recommend indefinite postponement.
ART. 47. To see if the Town will vote to reimburse Charles Hazel $100.00 to cover expense authorized by vote of the School Committee in connection with his attendance at the National Conferences of Directors of Athletics held in St. Louis, Missouri, and take any other action relative thereto.
School Committee
Recommend adoption and that the money be paid out of School Department Bugdet.
ART. 48. To see if the Town will vote to increase the number of members on the School Committee from three to five in the following manner:
in 1958 two members shall be elected for three years and one member for one year;
in 1959 two members shall be elected for three years;
in 1960 one member shall be elected for three years;
thereafter, two members shall be elected each year for three years except that every third year one member shall be elected for three years. and take any other action relative thereto. School Committee
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ART. 49. To see if the Town will vote to transfer the balance amounting to $615 remaining in the North Street School Ditch Account set up under Article 56 of the 1956 Annual Town Meeting to a School Playground Account for the purpose of improving the playing areas at the various schools, said work to be done under the direction of the School Committee and take any other action relative thereto. School Committee
Recommend adoption - Work to be done by Highway Dept.
ART. 50. 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 eleven of Article II of the by-laws, or take any other action relative thereto.
South Tewksbury Betterment Assn., Inc.
Recommend indefinite postponement.
ART. 51. To see if the town will vote to adopt the following By-Law:
ARTICLE V. SECTION 2. No person shall serve on the Board of Appeals who holds any other elective or appointive town office or position, nor shall any person serve who receives, or has received within the two preceding years, any direct or indirect financial benefit in anv matter presented to the Board of Appeals for decision. Any violation of this by-law shall render such person liable to the penalties provided under Section 6 of Article VI.
South Tewksbury Betterment Assn., Inc.
ART. 52. To see if the town will vote to adopt the following By-Law to be known as the Public Works By-Law, this by- law to become effective only after the acceptance of Sections 69C to 69F inc. of Chapter 41 of the General Laws, as provided therein.
DEPARTMENT OF PUBLIC WORKS
In accordance with the provisions of Section 21 of Chapter 40 and Sections 69C to 69F of Chapter 41 of the General Laws and by acceptance of Sections 69C to 69F of Chapter 41 of the General Laws at the Annual Town Meeting and Election on March 13, 1957, there shall be established in the Town of Tewksbury a Department of Pub- lic Works to become effective with and for the purposes of the Annual Town Election of March, 1958.
BOARD OF PUBLIC WORKS - Powers and duties
The Department of Public Works, hereinafter referred to as the Department, shall be managed by a board of three commissioners chosen in accordance with Section 69D of Chapter 41 and, upon
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election and qualification, said 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, to wit: - road commissioners, water commissioners, park commissioners, tree warden and moth superintendent.
BOARD OF PUBLIC WORKS - Additional Powers
The Board shall have such additional powers as defined here- under with respect to the furnishing of engineering services, the collection and disposal of rubbish and garbage, the maintenance and repair of all town buildings, property and equipment, and the purchase of supplies, fuel or services as may be necessary for the operation, maintenance or repair of such buildings, property and equipment.
SUPERINTENDENT - Qualifications
The Department shall be under the direct control of a Superin- tendent of Public Works who shall be a graduate civil engineer from an accredited college or university and shall have a minimum of five years of administrative and supervisory experience in the field of civil engineering or public works administration.
MAJOR DIVISIONS
In the Department there shall be established the following five major divisions:
1. Highways
2. Water
3. Buildings and Grounds.
4. Equipment maintenance and supply.
5. Engineering.
The Superintendent shall, with the approval of the Board, desig- nate a supervisor for each division. In addition, he may establish such positions in each division as may be necessary to carry out the functions and responsibilities of the Department. He shall organize the Department so as to utilize manpower and equipment as efficiently as possible and may, as the need arises, make such transfers as may be necessary to accomplish this purpose.
DIVISIONS - Specific Duties
The divisions shall perform the following functions and have the responsibilities indicated.
1. Highways.
a. Highway maintenance and construction.
b. Snow removal.
c. Forestry operation and insect control.
d. Surface drainage.
e. Sign and marker installation and maintenance.
f. Removal and disposal of dead animals on the highways.
2. Water
a. Installation of services and extensions.
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b. Meter reading and testing.
c. General water system maintenance.
d. Pumping out of flooded areas where the public safety is endangered.
3. Buildings and Grounds
a. Maintenance and repair of all town buildings, including schools, town hall, fire and police stations, garages, office buildings, pumping stations and any other structures or buildings owned or leased by the town.
b. Maintenance and upkeep of parks, recreation areas, cemeteries, memorials, athletic fields, and all grounds proximate to town buildings or used for municipal purposes.
c. Janitor service for all town buildings.
4. Equipment Maintenance
a. Maintenance and repair of trucks, police cruisers, fire engines, road machinery, power tools, pumps and other machinery and vehicles.
b. Storage and supply of gasoline, motor oil and fuel oil for all town departments.
5. Engineering
a. Surveying.
b. Sanitation.
c. Preparation and revision of maps and plans.
d. Water supply and system design.
e. Street lighting.
f. Highway safety.
g. Engineering services for and liaison with other town departments or committees such as the Board of Health, Building Inspection, Planning Board, Board of Appeals, Assessors, Board of Selectmen and any special committees established to study or initiate building projects or public works activities.
RUBBISH AND GARBAGE COLLECTION
The Department shall be responsible for the collection and disposal of rubbish and garbage and may perform or contract for such services.
ADDITIONAL DUTIES
The Department shall have such further responsibilities and duties as may be incidental or reasonably related to any or all of the foregoing or as may be provided for by by-law or vote of the town.
RECORDS AND REPORTS
The Superintendent shall keep full and complete records of the doings of his office and render to the Board as often as it may require
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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, prior to December first, a carefully prepared and de- tailed estimate, in writing, of the appropriations required during the next succeeding fiscal year for the proper performance and exercise of all said powers, rights and duties.
The various provisions of this by-law are hereby declared to be separable and distinct and in the event any section or portion thereof is declared invalid or inoperative, no other section shall be affected thereby.
The initial annual budget for the Department of Public Works shall be prepared and presented to the Voters of the town by the Finance Committee but all succeeding budgets and appropriation requests shall be prepared and submitted in the usual manner by the Public Works Commissioners upon their election and qualification.
CHAPTER 101 - ACTS OF 1953
AN ACT AUTHORIZING TOWNS TO ESTABLISH A DEPARTMENT OF PUBLIC WORKS EXERCISING THE POWERS OF CERTAIN OTHER DE- PARTMENTS AND TOWN OFFICERS.
Be it enacted, etc., as follows:
SECTION 1. Chapter 41 of the General Laws is hereby amended bv inserting after section 69B, inserted by section 4 of chapter 172 of the acts of 1938, the four following sections: - Section 69C. By vote of a town meeting called for the purpose in any town at least ninety days before an annual town meeting, or, in the case of a town which voted thereon and the vote was not in the affirmative, upon request bv petition of ten per cent of the qualified voters of any town filed with the selectmen at least sixty days before an annual town meeting, the selectmen shall include in the warrant for such annual meeting for submission to the voters the following question, to be placed on the official ballot in towns using such ballots: - "Shall sections sixty-nine C to sixtv-nine F, inclusive, of chapter forty-one of the General Laws, providing for the establish- ment of a board of public works exercising the powers of certain other departments and town officers be accepted?" If a majority of the votes cast in answer to such question is in the affirmative, this section and sections sixty-nine D to sixty-nine F, inclusive shall become fully effective beginning with, and for the purposes of, the next annual town election.
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 consist of three members. The initial members thereof shall
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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 thereafter when the term of any member expires, his suc- cessor 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 commissioners, surveyors of highways, superintendent of streets, water commissioners, sewer commissioners, municipal light board or park commissioners, cemetery commissioners, tree warden, moth superintendent and forestry department, and such boards, depart- ments 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 garbage and refuse, the maintenance and repair of town buildings and property, and the performance of such duties of any boards, departments 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 provi- sions of law to the contrary notwithstanding.
Section 69E. The board shall appoint and fix the compensa- tion 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 appoint- ive office, nor shall he be engaged in any other business or occupa- tion. 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 condi- tions as the board may require, and shall, subject to the approval of the board, appoint such assistants, agents and employees 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
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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 appropria- tions required 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 follow- ing 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 exer- cising 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 respect- ing town administration and town officers, and any special laws rela- tive to said town, the operation of which has been suspended or super- seded 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 subsequent 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 commission- ers, 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 appointed by the selectmen, the selectmen of such town shall include in the warrant for such annual meeting for submission to th voters such question or questions in the following form, to be placed on the official ballot in towns using such ballot: -
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Shall the town vote to have its selectmen act as
?
YES
NO
Shall the town vote to have its selectmen appoint
?
YES
NO
Approved February 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 materials 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 construction or to be used for busi- ness 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 Building.
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:
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A. For the erection, remodelling, reconstruction, or repair of any building or structure for each one thousand dollars ($1,000.00) or major fraction thereof, of the estimated cost of the work $ 1.00
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