USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1959-1963 > Part 36
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SECTION 9 - NON-CONFORMING BUILDINGS AND USES
9.1 Continuance of Non-Conforming Uses
Any non-conforming use of buildings or premises lawfully existing at the effective date of this by-law or of any pertinent amendment thereto, may be continued in any building so existing which was designed, arranged, intended for, or devoted to a non- conforming use may be reconstructed structurally altered, and the non-conforming use therein changed, all subjects to the following regulations.
9.1.1 No non-conforming use may be changed except to a con- forming use, or, with the approval of the Board of Appeals, a non- conforming use may be changed to another non-conforming use no more objectionable in character.
9.1.2No non-conforming use shall, if once changed into a con- forming use, be changed back again into a non-conforming use.
9.1.3 No non-conforming use shall be extended or expanded except with the approval of the Board of Appeals.
9.1.4No non-conforming use which has been abandoned for a period of one year shall be thereafter resumed.
9.2 Change of Plans
Nothing in this section shall require any change in the plans, construction or designated use of a building, a permit for the con- struction of which shall have been granted prior to the effective date of this by-law, or any pertinent amendment therto.
9.3 Enlargement of Non-Conforming Building
No building which does not conform to the requirements of this by-law regarding building height limit, area, and width of lot, percentage of lot covering, and required yards and parking facilities shall be enlarged unless such enlarged portion conforms to the by- law regarding the foregoing building and lot requirements applying
51
to the district in which it is located and unless the use is governed by Paragraph 9.1.3.
9.4 Reconstruction after Damage
The Board of Appeals may permit the reconstruction within one year of a building damaged by fire, accident, the act of God, or of the public enemy, to its condition prior to such damage or pre- vent the restoration of a wall or structural member.
SECTION 10 - ADMINISTRATION AND ENFORCEMENT
10.1 Enforcement
10.1.1 The by-law shall be enforced by the Building Inspector, appointed under the building laws of the Town of Tewksbury, who shall grant no permit for the construction or alteration of any building or structure, if the building or structure as constructed or altered would be in violation of any provision of this by-law. No municipal officer shall grant any permit or license for the use of buildings, structures or land, which use would be in violation of any provision of this by-law. Whenever such permit or license is re- fused because of some provisions of this by-law, the reason therefor shall be clearly stated in writing.
10.1.2 Every applicant for a permit for any construction, altera- tion or use of any building or land for which a permit is required by law shall, upon request of the Building Inspector, file such writ- ten information, plans, specifications or other such data as shall be deemed necessary for the full and accurate exposition of the pro- posed construction, alteration or use. Such material shall be kept on file in the office of the Building Inspector.
10.1.3 The Building Inspector, with the approval of the Select- men may, and if required by it shall, institute appropriate legal proceeding to enforce this by-law and to restrain by injunction any violation thereof.
10.2 Board of Appeals
10.2.1 The Board of Appeals shall be the existing Board of Appeals as appointed by the Selectmen. Said Board shall organize yearly, choosing a chairman from its own number and setting up rules in accordance with Chapter 40A of the General Laws as amended.
10.2.2 Any person aggrieved by the refusal of the Building Inspector to issue a permit or license on the grounds of non-com- pliance witht he zoning by-law may appeal to the Board of Appeals as provided in Chapter 40A of the General Laws.
10.2.3 Any person or persons desiring to obtain the permission of the Board of Appeals for any purpose for which such permission is required under the provisions of this by-law shall make applica- tion in writing therefor to the Board of Appeals which shall, within a reasonable time, hold a public hearing thereon, seven days' notice of which shall be given in a newspaper of general circulation.
52
The Board of Appeals shall also, at least ten days prior to the hearing, send or deliver written notice to all the owners of real estate opposite to or abutting on the property in connection with which any permission is sought, and to such others as the Board of Appeals may order or by regulation prescribed.
10.3.4 The Board of Appeals shall have the folowing powers and duties:
10.3.4.1 To hear and decide appeals where it is alleged by the applicant for a permit that there is error in any order of decision made by an administrative official in the enforcement of this by-law.
10.3.4.2 To authorize upon appeal with respect to a particular parcel of land a variance from the terms of this by-law, where, owing to condition especially affecting such parcel but not affecting generally the zoning district in which it is located, a literal en- forcement of this by-law would involve substantial hardship to the appellant and where desirable relief may be granted without sub- stantial detriment to the public good and without substantially derogating from the intent or purpose of this by-law, but not otherwise.
10.3.5 The Board of Appeals shall consider the case at a public hearing as prescribed in Paragraph 10.2.3 of this section. If the Board determines by concurring vote of all its members that the proposed variation relating to the use, construction or alteration of a building or the use of land, can be granted without impairing the general purpose and intent of this by-law, then the Board will adopt a motion embodying their finding in the above-mentioned specific points and shall direct the issuance of a permit which the Building Inspector shall issue fifteen days after the decision of the Board of Appeals shall have been filed with the Town Clerk.
10.3.6 Any person aggrieved by a decision of the Board of Appeals, whether or not previously a party to the proceedings, or any municipal officer or board, may appeal to the superior court sitting in equity, provided that such appeal is filed in said court within fifteen days after such decision is recorded.
SECTION 11 - AMENDMENTS, VALIDITY
11.1 This by-law and the boundaries of zoning districts estab- lished hereunder may from time to time be amended or changed in accordance with Chapter 40A of the General Laws, as amended.
11.2 If any section, paragraph, subdivision, clause, or provision of this by-law shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, sub-division, clause or pro- vision so adjudged, and the remainder of this by-law shall be deemed valtid and effective.
JOHN J. COONEY THOMAS P. SAWYER ROGER F. LAFRENIERE ROBERT W. LACEY ROBERT W. BARRON
Planning Board
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Voted: To indefinitely postpone Article 61 and return to Planning Board for further revision and study.
Motion to reconsider vote failed 79 to 199.
Moderator was also sustained by a count of 173 to 151 in ruling of accepting amendments.
ART. 62- To see if the Town will accept the report of the "Junior High School Building Committee" authorized under Article I of the special town meeting held on September 28, 1960. Voted: To accept the report per Article 62.
ART. 63. - To authorize the "Junior High School Building Com- mittee" referred to in the previous Article to proceed with the detailed plans and specifications for the construction of the school buildings as referred to in the report of this committee. This authorization will allow the committee to call for certified bids on the plans and specifications, to accept or reject any or all bids, and to present the final bids accepted by the com- mittee to a special town meeting for acceptance by the Town.
Voted - As amended: To authorize and empower the Junior High School Building Committee authorized under Article 1 of the Special Town Meeting on September 28, 1960 to obtain final plans and specifications for a Junior High School with facilities and authorize and empower said committee to call for certified bids on the p'ans and specifications, to accept or reject any or all bids, to present the final bids accepted by the Committee to a Special or Annual Town Meeting for acceptance by the Town, and to do and take any other action in connection therewith necessary, proper, and incidental to carry out the foregoing.
ART. 64- To see if the Town will vote to raise and appropriate the sum of seventy-five thousand dollars ($75,000.00) to carry out the provisions of the preceding Article.
Voted: As amended, to raise and appropriate the sum of $18,000.00 and to transfer from E & D Account $32,000.00 for the purpose of Article 64 March 13, 1961 at 10:55 P. M.
ART. 65 - To see if the Town will vote to hold a special town meeting on April 12, 1961 at eight o'clock P. M. to comply with Article II.
Voted: As amended, to hold a Special Town Meeting at a future date to be recommended by the Junior High School Building Committee authorized under Article 1 of the Special Town Meeting on September 28, 1960 to comply with Article 63.
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ART. 66 - To see if the Town will vote to raise and appropriate the sum of one dollar ($1.00) for a Junior High School site to be paid to the Commonwealth of Massachusetts.
Voted: To raise and appropriate the sum of $1.00 for the purpose of Article 66.
ART. 67. - To see if the Town will vote to authorize the Board of Selectmen to take any other land by eminent domain as seems advisable or take any other action relative thereto.
Junior High School Building Committee.
Voted: To indefinitely postpone.
March 13, 1961 - At 11:00 P. M. the meeting was adjourned to Wednesday, March 15, 1961 at 8:00 P. M. and was properly posted according to law.
ART. 68 - To see if the Town will vote to raise and appropriate the sum of $200.00 to be added to the 250th Anniversary Celebra- tion Fund, as authorized by a special act of the Legislature passed on October 25th, 1960. Board of Selectmen.
Voted: To raise and appropriate the sum of $200.00 for the purpose of Article 68.
ART. 69 - To see if the Town will vote to authorize the Board of Selectmen to release to the Commonwealth of Massachusetts a certain parcel of land of approximately five acres adjacent to or on the new proposed Interstate Highway 495 and as shown on Plan of the Department of Public Works, now on file with the Town Clerk, for the sum of one dollar, and authorize the Selectmen to sign any or all agreements necessary to accomplish this action. Board of Selectmen.
Voted: To adopt Article 69.
ART. 70- To see if the Town will vote to authorize and reimburse Selectman Victor N. Cluff to serve as standby slaughtering inspector, this authorization to remain in effect until rescinded. Board of Selectmen.
Voted: To adopt Article 70.
ART. 71 - To see if the Town will vote to amend present Zoning By-Laws as follows:
Change Paragraph 6, Section 7C under "Uses Permitted in Industrial Districts" to read "The manufacture, compounding, processing, packaging or treatment of beverages, candy, cos- metics, pharmaceuticals or drugs. The manufacture and pro-
55
cessing of compressed gases in liquid, gaseous and solid form." Industrial Commission.
Voted: To adopt Article 71 by a count recorded of 428 in favor, 6 opposed. March 4, 1961 at 2:30 P. M.
Motion for reconsideration failed at 2:31 P. M.
Approved by the Attorney General March 28, 1961.
ART. 72- To see if the Town will vote to amend present Zoning By-Laws, as follows:
Under Section 7C "Industrial Districts" add a new sub- section after the expressed Prohibited Uses, to read as follows:
REQUIRED LOT AREA, WIDTH, YARDS, COVERAGE
In Industrial Districts each lot shall have a minimum area of not less than one acre of land, which lot shall have a mini- mum frontage of one hundred and fifty feet, a minimum front yard set-back of forty feet from the established street line, a minimum side yards and rear yard set-back of thirty feet, a maximum building coverage of twenty per cent. Industrial Commission.
Voted: To adopt Article 72 by count recorded 248 in favor, 1 opposed. March 15, 1961 at 9:57 P. M.
Approved by the Attorney General March 28, 1961.
ART. 73 - To see if the Town will vote to amend the Zoning By- Laws to change from General Residence and Farming to a Local Business District the following parcel of land to permit said land to be used for the purpose of a supermarket:
The land shown on a plan entitled "Proposed Stores, Tewksbury, Mass., Scale 1" = 40 feet: S. A. Salsberg & Le Blanc, Architects; dated March 9, 1960," and being bounded and des- cribed as follows: Southwesterly by Andover Street, 120 feet; southerly and easterly by River Road, 280 feet; easterly by other land of Garabedian, 520 feet; northeasterly by other land of Garabedian, 310 feet more or less; westerly by the Lowell- Tewksbury town line, 700 feet more or less. Said parcel of land contains approximately five (5) acres more or less. Said parcel of land belonging to Carl S. Garabedian and Mary Garabedian, 936 Andover Street, Tewksbury, Massachusetts. Planning Board.
Voted: Motion for indefinite postponement lost by secret ballot recorded, yeas 194, nays 285.
Voted: Not to adopt Article 73 by secret ballot recorded, yeas 280, nays 173. (302 required, 3-10-61 at 12:12 A. M.)
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Voted: Motion to reconsider at 8:15 P. M. carried by secret ballot vote recorded, yeas 740, nays 277. (678 required, 3-13-61).
Voted: To amend the Zoning By-Laws as stated in Article 73 by secret ballot vote recorded, yeas 813, nays 265. (719 required, 3-13-61 at 9:46 P. M.)
Voted: Moderator's ruling that "motion to reconsider was out of order" was sustained by a standing vote recorded as 159-155 (3-15-61 at 8:34 P. M.)
Approved by Attorney General April 27, 1961.
ART. 74- To see if the Town will raise and appropriate, or trans- fer from available funds, the sum of $31,500 or any other sum to complete the plans and reports, with estimates of costs, of a complete sewerage survey of the whole Town, said survey to be made by a competent engineering firm; the survey to be made under the direction of the Planning Board, or take any other action thereon. Planning Board.
Voted: To indefinitely postpone Article 74 by secret ballot recorded 262 in favor, 46 opposed. (March 15, 1961 at 10:17 P. M.)
ART. 75-To see if the Town will vote to accept the provisions of Chapter 120 of the Acts and Resolves of 1959 which provides for increasing the amount of pension of cerain retired police officers and firefighters who had not attained the age of sixty at the time of retirement. Board of Selectmen.
Voted: To adopt Article 75 by voice majority. No dissents. (March 15, 1961 at 10:17 P. M.)
ART. 76- To see if the Town will vote to raise and appropriate the sum of $2,500.00 to be expended by the Park Commissioners for the purpose of developing land given to the Town by Her- bert L. Foster for recreational purposes. Park Commissioners.
Voted: To indefinitely postpone Article 76.
ART. 77 - To see if the Town will appropriate the sum of $3,500.00 under the direction of a playground commission of five members to be appointed by the Moderator in accordance with Chapter 45, Section 14, of the General Laws of the Comomnwealth of Massachusetts or take any other action relative thereto." Playground Commission.
Voted: As amended, to raise and appropriate the sum of $2,000.00 for the purpose of Article 77. (3-15-61 at 10:47 P. M.)
Reconsideration failed by vote yeas 52, nays 132.
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ART. 78 - To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $7,000.00 for the pur- pose of a recreation program to provide activities for children appropriate to each season of the year, said sum to be expended by the Playground Commissioners; or take any action relative thereto. Playground Commission.
Voted: To raise and appropriate the sum of $7,000.00 for the purpose of Article 78. (3-15-61 at 10:55 P. M.)
ART. 79 - To see if the Town will vote to authorize and direct the Playground Commissioners to engage the services of a Recrea- tion Director to supervise the operation of the recreation pro- gram to be established under the previous article; or take any action relative thereto. Plalyground Commission.
Voted: To authorize as outlined in Article 79.
ART. 80- To see if the Town will vote to raise and appropriate or to transfer from available funds a sum of money for the purpose of installing seven twelve (12) foot sections of bleachers at the Tewksbury Stadium on the visitors' side of the football playing field, or take any other action in relation thereto. Edward J. Donahue and others.
Voted: To indefinitely postpone.
ART. 81 - To see if the Town will vote to authorize a School Side- walk Committee of three members appointed by the Moderator to make studies and surveys of sidewalks to serve the various schools and to recommend construction of such sidewalks, said committee to report at a Special or the next Annual Town Meeting, or to take any other action in relation thereto. Tewksbury School Committee.
Voted: To adopt for the purpose of Article 81.
ART. 82. - To see what sum of money the Town will vote to raise and appropriate or transfer from available funds for the exten- sion of the existing sidewalk east from Regan Road to Route 38, a distance of approximately 1850 ft. and west from approxi- mately the intersection of Patten Road and Shawsheen St. to the intersection of Sullivan Parkway and Shawsheen St., a distance of approximately 960 ft., or take any other action relative thereto. Heath Brook School PTA
Voted: As amended, to raise and appropriate the sum of $5,280.00 to construct a sidewalk io extend from existing sidewalk at the intersection of Patten Road and Shawsheen Street, a distance of approximately 960 feet along Shawsheen Street to the intersec- tion of Shawsheen Street and Sullivan Parkway. Count recorded Yeas 111, Nays 80. 3-15-61 at 11:09 P. M.
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ART. 83 - To see if the Town will vote to authorize and empower a Committee (to be named by the Moderator) to supervise, execute or perform any duties necessary or desirable to carry out the purposes of the previous Article, this Committee to be known as the Heath Brook School PTA Sidewalk Committee. Heath Brook School PTA.
Voted: To adopt for the purposes of Article 83.
The Annual Town Meeting was adjourned at 11:10 P. M. on March 15, 1961.
And you are directed to serve this warrant, by posting attested copies thereof upon the Town Hall and in the Post Office and by leaving at least five hundred (500) copies at the Post Office and at the Town Hall in said Town, seven (7) days at least before the time of holding said meeting.
HEREOF FAIL NOT, AND MAKE DUE RETURNS OF THIS WARRANT, with your doings thereon, to the Town Clerk at the time and place of Meeting as aforesaid.
Given under our hands this 31st day of January, in the year of our Lord, one thousand nine hundred and sixty-one.
JOSEPH J. WHELAN GEORGE A. O'CONNELL VICTOR N. CLUFF JOHN A. MORRISSEY THOMAS A. ABBOTT
Selectmen of Tewksbury
Middlesex ss.
February 24, 1961
By virtue of this Warrant, I this day at 2:00 o'clock P. M. served the within Warrant by posting up true and attested copies thereof upon the Town Hall, Post Office of Precinct One, Shawsheen School of Precinct Two, and North Street School of Precinct Three; also leaving at least 500 copies at the Town Hall, Post Office, and each Precinct in said Town of Tewksbury, seven days at least before the time of holding said meeting.
/s/ WALTER J. JOP
Constable of Tewksbury
A true copy, Attest: JOHN E. HEDSTROM Town Clerk
59
ANNUAL TOWN ELECTION
Tewksbury, Massachusetts - March 11, 1961
At a meeting of the inhabitants of the Town of Tewksbury, qualified to vote in town affairs, held this day at the Town Hall for Prec. 1, Shawsheen School, South Tewksbury for Prec. 2, and the North Street School for Prec. 3, the following business was transacted.
Registers on ballot boxes showed 0000 and check-lists were in order. Polls opened at 10:00 A. M. and closed at 8:00 P. M. There were 3,010 votes cast; Prec. 1-1,273; Prec. 2-905; Prec. 3-832.
Election officers were in custody of the following Wardens and Clerks: Prec. 1-Harry Treadwell, Warden and Rose McCoy, Clerk; Prec. 2-Lilyan Blaquiere, Warden and Gladys O'Connell, Clerk; Prec. 3-Gloria A. Deputat, Warden and Virginia G. Girard, Clerk.
The official result of the count follows:
Selectmen - Three Years
Pre. 1
Pre. 2 Pre. 3
Total
Recount
*George A. O'Connell
503
385
381
1269
*Joseph J. Whelan
592
477
331
1400
Frank A. Antonelli
515
268
194
977
C. Abbott Battles
318
155
352
825
Francis R. Cavanaugh
118
127
77
322
Robert E. Cook
94
52
39
185
Rita G. Fortier
124
123
83
330
John B. O'Loughlin
107
62
77
246
Blanks
175
161
130
466
Board of Public Welfare - Three Years
*George A. O'Connell
638
455
496
1589
*Joseph J. Whelan
706
529
451
1686
Frank A. Antonelli
620
353
303
1276
Robert E. Cook
307
254
177
738
Blanks
273
219
237
729
Others
2
Board of Health - Three Years
*Joseph J. Whelan
483
368
330
1181
Frank A. Antonelli
356
142
184
682
Ward R. Davis
305
329
224
858
*Elected and Sworn
60
Pre. 1 Pre. 2 Pre. 3 Total Recount
Assessor - Three Years
*Ethel M. Phillips
1110 796
706 2612
Blanks
161
107
126
394
Others
4
Auditor - Three Years
*Thomas J. Berube
1111
780
713
2604
Blanks
162
125
119
406
Moderator - One Year
* Alan M. Qua
1107
768
690
2565
Blanks
166
134
140
440
Others
5
Park Commissioner - Three Years
*Eugene L. Roux
1089
774
696
2559
Blanks
182
131
134
447
Others
4
Planning Board - Five Years
Lawrence F. Ellis
331
180
289
800
Geo. C. Greene
230
380
182
792
*Chester C. Sullivan
594
264
292
1150
Blanks
118
81
69
268
Road Commissioners - Three Years
*William A. Gath
455
377
394
1226
1224
Nelson P. MacArthur, Jr.
641
263
239
1143
1144
Paul C. Testa
114
216
140
470
469
Blanks
63
49
58
171
172
Others
1
Road Commissioner - Two Years
Salvatore Ciaccio
355
270
208
833
Richard E. Fortier
174
190
124
488
Edward J. Murphy
89
137
60
286
John J. Ryan
99
66
43
208
*Thomas F. Sullivan
463
168
302
933
Blanks
93
74
95
262
School Committee - Three Years
*Loella F. Dewing
440
328
372
1140
1140
Arthur W. Wells
375
262
238
875
874
Robert W. Barron
338
278
281
847
846
*Leo D. Chibas
406
253
221
880
881
Thomas F. Fitzpatrick
146
118
192
456
456
Jeremiah Lonergan
194
72
46
312
312
Neil J. MacDonald
45
36
18
99
98
James T. Murphy
171
116
51
338
340
Joseph P. Sullivan
209
202
79
490
490
Blanks
221
195
166
582
582
Others
1
1
*Elected and Sworn
61
Pre. 1 Pre. 2 Pre. 3 Total Recount
School Committee - One Year
Robert L. Bernier
217
251
208
676
676
Francis X. Corliss
381
147
173
701
702
Herbert R. Hertel
369
110
215
694
692
*Warren J. Sheehan
239
323
155
717
718
Blanks
67
74
81
222
222
Trust Fund Commission - Three Years
*Edwin W. Osterman
1075
754
707
2536
Blanks
198
151
125
474
Trustees Public Library - Three Years
*Harold H. Sloan
1031
708
636
2375
*Ruth W. Smith
1055
726
678
2459
Blanks
460
375
350
1185
Others
1
Water Commissioner - Three Years
*John J. Cooney
1024
743
640
2407
Blanks
249
158
192
599
Others
4
*Elected and Sworn
Question 1:
"Shall an act passed by the General Court in the year nineteen hundred and sixty-one, entitled "An Act placing certain positions in the Town of Tewksbury under the civil service laws and rules," be accepted?"
Yes
77"
614
454
1845
No
383
216
287
886
Blanks
113
75
91
279
Question 2:
"Shall an act passed by the General Court in the year nineteen hundred and sixty-one, entitled "An act providing unlimited tenure for the regular or permanent members of the police force not in- cluding the chief thereof, in the Town of Tewksbury," be accepted?"
Yes
715
570
418
1703
No
424
248
312
984
Blanks
134
87
102
323
A true copy, Attest.
JOHN E. HEDSROM
Town Clerk
62
WARRANT FOR SPECIAL TOWN MEETING November 15, 1961
Middlesex, ss.
To any of the Constables of the Town of Tewksbury in said County:
IN THE NAME OF THE COMMONWEALTH OF MASSACHU- SETTS, you are hereby directed to notify and warn the inhabitants of the Town of Tewksbury, qualified to vote in Town affairs, to meet and assemble at Memorial High School in said Tewksbury on Wednesday, the 15th day of November, 1961 at eight o'clock P. M. to act on the following articles:
Tewksbury Memorial High School November 15, 1961
The Special Town Meeting properly convened by Warrant this day was called to order by Moderator Alan M. Qua, at 8:00 P. M. on Wednesday, November 15, 1961. Teller John J. Kelley, Walter R. Doucette, and George Collins were sworn to the impartial perform- ance of their duties by the Moderator. Quorum of required 333 was exceeded at first count. Action thereon of the foregoing Warrant follows:
ART. 1. To see if the town will vote to raise and appropriate one million nine hundred thousand dollars for the purposes of con- structing, erecting, originally equipping and furnishing a junior high school building and facilities therefor on the westerly side of Livingston Street on a parcel of land containing 21.5 acres more or less as shown on a plan of land entitled "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 pro- vided 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 Chap- ter 645 of the Acts of 1948 as amended; or take any action in relation thereto. Junior High School Building Committee.
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