USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1959-1963 > Part 34
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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.
Voted: To raise and appropriate $1,500.00 and transfer $3,000.00 from E & D Account in anticipation of reimbursement, to carry out the purpose of Article 28.
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-
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imbursement from the State for Highway maintenance under Chapter 81 or take any other action relative thereto.
Road Commissioners.
Voted: To transfer from E & D account the sum of $37,925.00 in anticipation of reimbursement for purpose of Article 29.
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.
Voted: To raise and appropriate the sum of $3,914.40 to con- tinue the Highway Machinery Fund.
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.
Voted: To transfer $15,000.00 from the Highway Machinery Fund for purpose of Article 31.
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.
Voted: To raise and appropriate sum of $1,200.00 for the purpose of Article 32.
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.
Voted: To raise and appropriate sum of $3,000.00 for the purpose of Article 33.
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.
Voted: To raise and appropriate the sum of $1,000.00 for purpose of Article 34.
ART. 36- To see if the Town will vote to accept the following streets as laid out by the Road Commissioners with boundaries
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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.
Voted: To accept the streets specified in Article 36.
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
Voted: To indefinitely postpone the above Article 36, proposing Town Garage by a vote of 202 to 57.
The Meeting was adjourned at 5:40 P. M. until Thursday, March 9, 1961 at 8:00 P. M. which was properly posted according to law.
On March 9, 1961 at 8:00 P. M. the meeting was adjourned until 8:15 P. M. and with a quorum in attendance called to order at that time by Moderator Alan M. Qua.
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 any duties necessary or desirable to carry out the construction and equipping of the new Highway Depart- ment and Tree Department garage, or take any other action relative thereto. Road Commissioners - Tree Warden.
Voted: To indefinitely postpone Article 37.
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.
Voted: To indefinitely postpone Article 38.
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
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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.
Voted: To raise and appropriate $50,000.00 for the purpose of Article 39.
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, under the supervision of the Board of Water Commissioners, or take any action in relation thereto. Water Commissioners.
Voted: To raise and appropriate $500.00 for purpose of Article 40.
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.
Voted: To raise and appropriate $1,000.00 for purpose of Article 41.
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.
Voted: To indefinitely postpone Article 42.
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.
Voted: To indefinitely postpone Article 43.
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,
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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.
Voted: To indefinitely postpone Article 44.
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. Voted: To indefinitely postpone Article 45.
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.
Voted: To indefinitely postpone Article 46.
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.
Voted: To expend sum of $4,200.00 from Installation Account for purposes of Article 47. Reconsideration of vote failed to obtain two-thirds majority by 169 to 119 (required 172).
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
Voted: To expend sum of $1,000.00 from Installation Account for purpose of Article 48.
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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.
Voted: To indefinitely postpone Article 49.
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.
Voted: To expend sum of $400.00 from Installation Account for purpose of Article 50.
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.
Voted: To indefinitely postpone Article 51 - 195 to 168. Re- consideration voted 368 to 0.
Voted: To lay on the table Article 51 until the next Special Town Meeting. 3/9/61 at 9:45 P. M.
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 work and expend such money, or take any action in relation therto. Water Commissioners.
Voted: To lay on table until the next Special Town Meeting.
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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.
Voted: To raise and appropriate $18,000.00 as amended, for the purpose of Article 53.
March 9, 1961 at 10:40 P. M. - Voted: To lay on table Articles 54 through 72. Following the vote on Article 73 the Meeting was adjourned at 12:13 A. M. on March 10th to Monday, March 13, 1961 at 8:00 P. M. which was properly posted according to law.
March 13, 1961 at 8:00 P. M. - Due to the number of voters not checked in, the meeting was recessed until 8:15 P. M. when it was called to order by Moderator Alan M. Qua. 1,115 voters were admitted. Following motions and votes on Article 73 reconsideration, it was voted to table Articles 54 through 61 and act in sequence on Articles 62 through 67.
March 15, 1961 at 8:05 P. M .- With a quorum in attendance, meeting was called to order by Moderator Qua.
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.
Voted: To indefinitely postpone Article 54. Reconsideration lost 161 to 43.
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.
Voted: To indefinitely postpone Article 55.
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-
.
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ize the Water Department to do such work and expend such money or take any action relative thereto. Water Commissioners.
Voted: To raise and appropriate $1,500.00 for purposes of Article 56.
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 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 northwesterly 637.02 feet by land of Armando DeCarolis, Jr. and Joyce A. DeCarolis; northeasterly 700 feet by land of Armando DeCarolis, Jr. and Jovce 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.
Voted: To raise and appropriate $2.00 by a required 2/3 majority. The recorded vote was 290 in favor, O opposed.
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
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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
Voted: To raise and appropriate $1,214.25 for the purpose of Article 58.
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.
Voted: To indefinitely postpone Article 59.
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.
Voted: To transfer sum of $365.00 for purpose of Article 60.
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, 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
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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.
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.
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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- tamning 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.
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.
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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 Iot, 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.
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.
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