USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1959-1963 > Part 31
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FIRE PROTECTION
SECTION 13. All studs, walls and partitions shall have the space between the floor joists immediately under said walls and partitions, and between studs from the under side of said floor joists protected by fire stops.
In every store a clear opening, covered with 3/4 inch plate glass 10" by 10", shall be provided between first floor and basement. This opening is to be centrally located and in a position which will not be covered by counters or other fixtures. If called for by the Chief of the Fire Department, additional openings may be required for stores having an area exceeding 500 square feet or stores with divided cellars.|
The Chief of the Fire Department shall give notice in writing to the Inspector of Buildings, by noon of the day following, of all fires in structures that impair the structural strength of said structures.
Any building used or to be used, for any purpose which creates a fire hazard, such as boiling fat, paint, oil or gasoline storage, etc., shall have the approval of the Chief of the Fire Department before the Building Inspector issues a permit.
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SECTION 14. All air spaces around chimneys, pipes, shafts, etc., and all other spaces which form concealed air passages from one story to another shall have fire stops at each story with sheet metal, tin or zinc.
SECTION 15. All ducts, chutes, and shafts for ventilation or other purposes shall be of, or lined with, fire resistant material.
SECTION 15A. An opening with a minimum of 24" x 24" shall be provided into each attic space for inspection and repair.
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.
CHIMNEYS AND HEATING APPARATUS
SECTION 16. All chimneys, hereafter erected shall be built from the ground of brick, stone or other fire resistant non-heat conducting materials, and shall be built plumb, or nearly so, so as to be self-sustaining, and must have a concrete footing on undis- turbed soil extending six inches beyond all sides of chimney and ten inches in depth.
SECTION 17. All chimneys shall be built of brick, or any approved cinder block, plastered outside below the roofing, after having been examined and approved by the Inspector of Buildings, except that exposed portions of said chimneys may be left un- plastered upon the outside. All chimneys shall be lined with vitrified clay flue lining.
SECTION 18. Every chimney shall be carried two feet above the ridges. No structural woodwork shall be placed nearer than one inch to the outside of any internal chimney.
SECTION 19. No smoke pipe shall be nearer than twelve inches from floor, ceiling or projecting beams, and in all cases where smoke pipes pass through partitions, or closets, it shall be in a manner approved by the Building Inspector.
SECTION 20. The top of every heating furnace or steam boiler shall be kept at least one foot below the lowest part of the ceiling or floor next above.
All ceilings immediately over a furnace or steam boiler and for three feet on each side - front and back - thereof shall, except under fireproof floors be lathed and plastered whenever practicable and accessible.
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DEFINITION OF TERMS
SECTION 21. BASEMENT - That part of a building partly underground but having more than one-half of its entire wall area above the level of the adjoining ground.
BEARING WALL - A bearing wall means wall which supports any vertical load in addition to its own weight.
BUILDING - Any structure comprising the assembly of ma- terials to form a construction for the support, shelter, or enclosure of persons, animals, chattels or other property. Portions mutually separated by an approved firewall shall be considered as separate buildings.
CELLAR - The lower portion of a building wholly or partly below ground such that more than half the clear height from floor to ceiling is below the adjoining established grade.
CONCRETE SLAB CONSTRUCTION - That type in which the first floor of at least four inch concrete is laid directly on hill consisting of not less than 12 inches of good, clean gravel, cinders or other suitable material.
DWELLING - A residence building for a family and not more than six lodgers or boarders, or occupied by not more than two families living separately.
FOOTING - An enlargement at the lower end of a wall, pier, column or chimney so arranged as to distribute the supported load to the earth.
FOUNDATION - That portion of a wall below the level of the mean grade next to the wall, but may be construed by the Building Inspector to mean that portion below the basement or cellar floor, and may be construed as including slab construction.
GARAGE - An accessory building in which motor vehicles are kept housed; and the term motor vehicles as used here applies to automobiles, trucks and buses.
GRADE - The average level of that part of the ground within four feet of the foundation wall.
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.
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GENERAL
SECTION 22. Any By-Laws or parts of By-Laws, heretofore adopted which are inconsistent with such provisions of these Building Laws as are approved by the Attorney General are hereby repealed: but the provisions of these Building Laws so far as they are the same as the provisions of By-Laws heretofore adopted shall be construed as a continuation thereof, and not as new enactments.
The disapproval of the Attorney General of any provision, clause, sentence or part of these by-laws shall not invalidate any other provision, clause, sentence or part thereof.
BOARD OF APPEALS
SECTION 23. Any person aggrieved by the action of the Building Inspector or by a decision of the Board of Appeals, may appeal under the provisions of Chap. 40 of the General Laws, and amendments and additions thereto.
ENFORCEMENT
SECTION 24. The Inspector of Buildings shall cause complaint to be made before the proper court for any violation of any provi- sion of this By-Law.
The Building Inspector may revoke a permit, or approval issued under the provisions of this code in case there has been any false statement 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.
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.
PENALTY
SECTION 25. Whoever violates any provisions of this by-law shall be punished by a fine, not exceeding one hundred dollars ($100.00) for each offense, to be paid into the treasury of the Town of Tewksbury.
SET-BACK REQUIREMENTS FOR DWELLINGS
SECTION 26. Ten feet from any lot line and 25 feet from any street.
William B. Bullen and Walter I. Pupkis
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ART. 71 - To see if the Town will vote to change the existing fee for each inspection from $1.50 to $2.00 per inspection, for each inspection required on building, construction, land and site in- spections and enforcing the zoning, building By-Laws in the Town of Tewksbury. The additional 50ยข per inspection to be paid out of monies taken in from the building permit fees, or take any other action relative thereto. Building Inspector
ART. 72 - To see if the Town will vote to raise and appropriate one million eight hundred eighty-eight thousand dollars for the pur- poses of constructing, erecting, originally equipping and fur- nishing a junior high school building and facilities therefor on the westerly side of Livingston Street on a parcel of land con- taining 21.5 acres more or less as shown on a plan of land en- titled "Plan of Land in Tewksbury, Mass., Scale 1" = 100 ft., May 16, 1961, Dana F. Perkins & Sons, Inc., Civil Engrs. and Surveyors, Reading, Mass." which plan is to be recorded at the Middlesex North Registry of Deeds; determine whether the money shall be provided for by appropriation from available funds in the treasury, by taxation, or by borrowing under the authority of Chapter 44 of the General Laws or borrowing under the authority of Chapter 645 of the Acts of 1948 as amended; or take any action in relation thereto.
Junior High School Building Committee and Others
ART. 73- To see if the Town will vote to authorize and empower the present Junior High School Building Committee, David J. Beattie, Frank D. Carter, Victor N. Cluff, John H. Hart, and Roger F. Lafreniere, to continue as the Junior High School Building Committee to carry out the school construction pro- gram as voted under Article 1 of the Special Town Meeting called for November 15, 1961 or as voted under any of the ar- ticles for this Town Meeting, and to further authorize said com- mittee to supervise, execute or perform any duties necessary or desirable to carry out the action voted by the Town under said articles calling for the construction, equipping and furnishing of a Junior High School building including the employment of professional services, technical advice, securing plans, specifica- tions, and bids for the erection of said Junior High School and to accept in the name of the Town the lowest responsible bid sub- mitted and to execute all legal documents and contracts and ap- prove all expenditures and vouchers for services rendered or materials supplied in connection with the same or take any action in relation thereto.
Junior High School Building Committee and Others
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ART. 74- To see if the Town will vote to appoint a committee of five members to be known as the "Junior High School Building Committee" and authorize and empower said committee to ob- tain plans and specifications for a 1,000 pupil Junior High School building with facilities and to recommend Shawsheen Street site for said school; and to do and take any other action in connection therewith necessary, proper and incidental to carry out the foregoing or take any other action in relation thereto.
Board of Selectmen
ART. 75- To see if the Town will authorize the Board of Select- men to acquire by purchase or take by eminent domain in fee simple under Chapter 79 and Chapter 40 Section 14 of the Gen- eral Laws (ter. ed.) a tract of land consisting of approximately 22 acres for school purposes, namely, for the purpose of ground, and other school facilities connected therewith; said parcel of land being situated on the northwesterly side of Shawsheen Street and being bounded as follows:
Northeasterly by Shawsheen Street, 1000 feet m. or l., Southwesterly by land now or formerly of one Deveres, 1100 feet m. or 1 .; Norhtwesterly by land of owners un- known, 1100 feet m. or l., and Northerly by the Heath Brook Manor Plan, 1040 feet m. or l .; said land be- longing to Herbert L. Foster et ux; and-
to see what sum of money the town will vote to raise and appro- priate for such purchase or taking, or take any other action in relation thereto. Board of Selectmen
ART. 76- To see if the Town will vote to amend Article 5 Section 2 of the Town By-laws as adopted under Article 19 of the Warrant for the Annual Town Meeting called for March 4, 1961 by adding the following sentence:
This shall not apply to a school building committee whatever its designation which is authorized by the Town to erect a school building involving a borrowing order and the sale of bonds; provided that the legality of the action taken is approved by the bonding attorneys representing the bank authorized to sell the bonds.
Junior High School Building Committee and Others
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ART. 77 - To see if the Town will authorize the participation by the Town of Tewksbury through their Industrial Commission in the Northern Middlesex Industrial Development Council, or take any action relative thereto.
Tewksbury Industrial Commission
ART. 78- To see if the Town will authorize the expenditure of funds not to exceed 10 cents (10c) per capita ($1590.00) for advertising and promotion purposes in joint participation with other members in the Northern Middlesex Industrial Develop- ment Council, or take any other action relative thereto. Tewksbury Industrial Commission
ART. 79 - To see if the Town will raise and appropriate the sum of $2,000 to replenish the Industrial Commission Account, or take any other action relative thereto.
Tewksbury Industrial Commission
ART. 80- To see if the Town will vote to raise and appropriate the sum of $100 for the taking by eminent domain and, recla- mation of the land in Tewksbury known as the Great Swamp that lies below 110' (one hundred and ten feet) above sea level in the area south of Interstate Route 495 between North Street and Trull Road and north of the Boston and Maine main line railroad tracks, including any necessary Rights of Way, or take any other action relative thereto.
Tewksbury Industrial Commission
ART. 81- To see if the Town will authorize the Planning Board to consider the advisability of proceeding with a program of sewer construction and to petition the General Court for a usual Permissive Act authorizing the Town of Tewksbury to construct and operate a system of sewers and drains and to transfer from unappropriated funds in the treasury the sum of $1,000 for use of said Planning Board, or take any other action thereon.
The Planning Board
ART. 82- To see if the Town will vote to amend the Zoning By- laws to change from General Residence and Farming to Local Business District the following parcel of land to permit said land to be used for the purpose of erecting and operating an automo-
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bile service station. The land shown on a plan entitled "Lot 13" contains 43,600 square feet. Scale 1" = 80': Dana F. Perkins & Sons, Inc. Engineers: dated November 30, 1961, and being bounded and described as follows: Southerly by Andover Street and Hood Road, Westerly by Cobleigh Drive, Northerly by Charles F. and Clara B. Kent, and Easterly by Nashoba Realty Trust. Said parcel of land belonging to Charles F. and Clara B. Kent, 1112 Andover Street, Tewksbury, Mass.
The Planning Board
ART. 83-To see if the Town will vote to amend the Zoning By- laws to change from Heavy Industry to Residential and Farming . an area located in West Tewksbury starting on the easterly side of Woburn Street at the Billerica Town Line proceeding North- erly to the City of Lowell Line on the Northerly side of Elm Avenue, proceeding Easterly up Elm Avenue to the Westerly side of Felker Street, thence to the Southerly corner of James Avenue, thence Easterly along James Avenue to the junction of Billerica Road, then proceeding along Billerica Road Southerly to the Billerica Town Line.
The Planning Board
ART. 84- To see if the Town will vote to become a member of the Lowell Regional Planning District under the provisions of Chapter 40B of the General Laws or take any action thereto. The Planning Board
ART. 85 - To see if the Town will vote to establish an Advisory Airport Commission to consist of three (3) members to be ap- pointed by the Board of Selectmen in accordance with Chapter 90, Section 35-52 inclusive or take any other action relative thereto. The Planning Board
ART. 86 - To see if the Town will raise and appropriate the sum of $12,500.00 for the purpose of continuing and furthering the recreation program within the town under the direction of the Playground Commission or take any action relative thereto.
Playground Commission
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ART. 87- To see if the Town will raise and appropriate the sum of $3500.00 for the Youth Baseball Leagues of Tewksbury under the direction of a Playground Commission of five members to be appointed by the Moderator in accordance with Chapter 45, Section 14, of the General Laws of the Commonwealth of Massachusetts or take any other action relative thereto.
Playground Commission
ART. 88- To see if the Town will vote to raise and appropriate the sum of $4,675.00 for the construction of a drainage system on Rhoda Street, or take any other relative action.
Board of Selectmen (at request of 23 petitioners)
ART. 89- To see if the Town will vote to raise and appropriate the sum of $1,000.00 to correct the drainage problem between, culvert at 71 East Street and culvert at railroad bed at the rear of and adjacent to land owned by James J. Gaffney Jr. Said work to be the direct responsibility of the Board of Health. Homer Darby and others
ART. 90-To see if the Town of Tewksbury will vote that all insurance policies written by any department in the Town of Tewksbury shall be written through local resident agents of such company operating an office in the Town and who has been in business for at least three (3) years or take any action in relation thereto. John Hart and others
ART. 91 - To see if the Town will accept Section 8 of Chapter 40A of the General Laws of the Commonwealth of Massachusetts which reads as follows:
Section 8. After acceptance of this section or corresponding provisions of earlier laws as provided in section four of chapter four, no proposed ordinance or by-law making a change-in any existing zoning ordinance or by-law, which has been unfavorably acted upon by a city council or town meeting, shall be considered on its merits by the city council or town meeting within two years after the date of such un- favorable action unless the adoption of such proposed ordinance or by-law is recommended in the final report of the planning board or selectmen required by section six.
David Merrill and others
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ART. 92- To see if the Town will vote to accept Section 6B of Chapter 40 of the General Laws which reads: Section 6B - "A City or Town which accepts this section may appropriate money for the purchase of uniforms for members of its Police Depart- ment, or take any relative action thereto.
Tewksbury Police Association
ART. 93- To see if the Town will vote to appropriate the sum of $2,000.00 for the purposes of the preceding article or take any relative action thereto. Tewksbury Police Association
ART. 94-To see if the Town will vote to amend the By-Laws under Article IV Section 1 and substitute the following: Article IV, Sec. 1. At the annual meeting and before the final adjourn- ment thereof, there shall be appointed by the Moderator a Finance Committee consisting of nine members, two of whom shall be appointed from each election precinct as presently con- stituted, and three of whom shall be appointed from the Town at large. Three members shall be appointed to serve three years, two from an election precinct and one from the Town at large from 1962; three members, for two years shall be appointed, two from an election precinct and one at large from 1962, and three members, two from an election precinct and one from the Town at large for one year from 1962; thereafter two from an an election precinct and one from the Town at large shall be appointed each year to serve for three years to fill the resulting vacancies from expirations of above terms.
Finance Committee
ART. 95 - To see if the Town will vote to revoke Article 5, Section 2 of the Town By-laws as adopted under Article 19 of the Warrant for the Annual Town Meeting called for March 4, 1961, which by-law provided for the approval of all Town contracts by the Board of Selectmen or take any action in relation thereto. Thomas M. Crowe and others
ART. 96 - To see if the Town will vote to raise and appropriate the sum of $300.00 in support of the trustees for county aid to agriculture to be expended by 4-H club agent, home demonstra- tion agent and club leader in conjunction with the extension service and the town director Board of Selectmen
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ART. 97 - To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $414.50 to install in the office of the Tax Collector and connect with the new Police Station a burglar alarm system or take any other action rela- tive thereto. Tax Collector
And you are directed to serve this warrant by posting attested copies thereof upon the Town Hall and each of the Post Offices of Precinct One; Laundramat and Shawsheen School of Precinct Two; Singleton Garage and North Street School of Precinct Three; also leaving at least 500 copies at the Town Hall, Post Offices, and in each Precinct in said Town of Tewksbury, 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-two.
JOHN A. MORRISSEY, Chairman THOMAS A. ABBOTT VICTOR N. CLUFF GEORGE A. O'CONNELL JOSEPH J. WHELAN Selectmen of Tewksbury
A true copy, Attest:
Constable of Tewksbury
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Town of Tewksbury
TOWN OFFICERS - 1961 (Date indicates expiration of term)
Assessors
Austin F. French (1962) Chrmn. Ethel M. Phillips (1964) Edward J. Sullivan (1963)
Auditor
Thomas J. Berube (1964)
Board of Health
Thomas A. Abbott (1962) Chrmn. Victor N. Cluff (1963) Joseph J. Whelan (1964)
Board of Public Welfare
George A. O'Connell (1964) Chrmn. Thomas A. Abbott (1962)
Victor N. Cluff (1963) Henry E. Wells (1962)
Joseph J. Whelan (1964)
Board of Selectmen
John A. Morrissey (1962) Chrmn.
Thomas A. Abbott (1962)
Victor N. Cluff (1963)
George A. O'Connell (1964)
Joseph A. Whelan (1964)
Alan M. Qua (1962)
Park Commissioners
Francis P. Sherlock (1963) Chrmn. Leslie Collins (1962) Eugene L. Roux (1964)
Planning Board
Robert W. Barron (1965) Chrmn.
John J. Cooney (1963)
Robert W. Lacey (1964) Resigned
Thomas P. Sawyer (1962)
Chester C. Sullivan (1966)
Road Commissioners
George R. Gray (1962) Chrmn.
William D. Gath (1964) Thomas F. Sullivan (1963)
School Committee
Warren J. Sheehan (1962) Chrmn.
David J. Beattie (1962) Leo D. Chibas (1964) Loella F. Dewing (1964) James E. Kelley (1963)
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Moderator
Town Clerk Town Collector Treasurer Tree Warden Trustees Public Library
John E. Hedstrom (1963) William J. O'Neill (1963) William J. O'Neill (1963) Walter R. Doucette (1963)
Harold H. Sloan (1964) Chrmn. Dorothy Fitzgerald (1963) Marian E. French (1962) Harold J. Patten (1963) Harry Priestly (1962) Ruth W. Smith (1964)
Trustees Trust Funds
Edwin W. Osterman (1964) Chrmn. Roy G. Lanner (1963) Frederick M. Carter (1962)
Water Commissioners
Eben A. Prescott (1963) Chrmn. John J. Cooney (1964) Charles A. Carter (1962)
APPOINTIVE OFFICERS
Animal Inspector
Appraisers Attendance Officer Board of Appeals
Donald E. Whitney
Board of Selectmen
Walter J. Jop
Eugene T. Mclaughlin (1964) Chrmn. John L. Burns (1963) Lawrence F. Ellis (1962) - Associates - Thomas Hodgson Donald Nickerson
George C. Green Arthur Chaff
Richard Priebe (Resigned)
Albert Mitchell (Resigned)
William Bullen (Resigned) Ward Davis (Resigned)
Board of Registrars
Herbert A. Fairbrother (1962) Ch. (Res.) William H. Bennett (1964) George J. McCoy (1963) (Deceased)
Joseph A. Killeen (1963)
Frank A. Antonelli (1962) John E. Hedstrom, Clerk
Building Inspector
Walter J. Pupkis (Resigned) William Bullen
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Civil Defense Director
Constables
Director of Public Assistance Dog Officer Fence Viewers
Finance Committee
Fire Chief and Forest Fire Warden Health Agent
Highway Superintendent Industrial Commission
Librarian
Milk Inspector and Sanitarian
Moth Suppression Agent
Personnel Board
Warren Ray Edward Turowsky, Asst. Philip D. Bradanick Walter J. Jop John F. Sullivan
John J. Kelley, N.A.S.W.
Leslie Collins
Thomas P. Sawyer, Chrmn.
George R. Collins
Ward Davis (Resigned)
Richard Priebe (Resigned)
Francis X. Corliss (1964) Chrmn.
Donald A. Pope (1964)
Karl Heidenrich (1964)
William J. Houlihan (1963)
Thomas L. Johnson, Jr. (1963)
Ralph A. Josselyn (1963)
Lenox S. Karner, Jr. (1963)
David D. Merrill (1962)
Anstein Myhr (1962)
Alfred N. Shamas (1962)
John J. Casey (1964) (Resigned)
O. Rex Read (1962) (Deceased)
William A. Chandler
Jose M. Ruisanchez, M.D.
Richard J. O'Neill
John J. Nolan (1964) Chrmn.
John J. Belton (1965)
John F. Gleason (1964)
Thomas J. Morrissey (1962)
Walter J. Pukis (1962)
Marion Carlson
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Robert Rimbach
Walter R. Doucette
George A. McDermott (1962) Chrmn.
John Cunningham (1962)
Roger LeBlanc (1963)
Warren R. Carrey (1963)
Leon H. Pillsbury (1964)
Andrew Cotreau (1964) (Resigned)
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Plumbing & Sanitary Inspector
Police Chief Sealer of Weights and Measures Slaughtering Inspector
John F. McCormack John F. Sullivan
Frank J. Sullivan, Jr.
Asahel H. Jewell John J. Gray (Decesead)
Superintendent of Schools
Dr. Everett G. Thistle
Town Counsel
Attorney Warren W. Allgrove
Town Hall Custodian
Veterans' Agent
George R. Collins John K. Eaton
Veterans' Burial - Indigent Walter Deputat, Tewksbury Funeral Home - H. L. Farmer & Son
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