USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1963-1967 > Part 16
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VOTED: To indefinitely postpone. Motion to lay-on-table was declared lost.
ARTICLE 68. To see if the Town will vote to amend Section 11 of Article 1 of the Town By-Laws as follows:
By deleting the entire section and substituting in place thereof the following - No appropriations or transfers of money shall be valid under any article of a special or annual town meeting unless such article sets forth the amount proposed to be expended therefor.
-Board of Selectmen and Town Government Study Committee
VOTED: To indefinitely postpone. The voice vote was questioned and a rising vote then called for was recorded 144 yeas, 56 nays, to confirm the Moderator.
The quorum was now questioned by Mr. Berube and with but 310 counted in attendance, the meeting was adjourned at 10:26 P. M. on Mr. Cluff's motion to Monday, March 30th at 8:00 P. M. The adjourned meeting was posted according to law.
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MONDAY, MARCH 30, 1964
Called to order at 8:00 P. M. by Moderator John A. Morrissey, the adjourned meeting was recessed twice until at 8:20 P. M. when 334 voters were recorded present.
ARTICLE 69. To see if the Town will vote to amend Section 14 of Article 1 of its By-Laws by substituting the following:
No appropriations or transfers of money in excess of $10,000.00 by the town at an annual or special town meeting shall be valid when the finance board has recommended a lesser amount than the department head has submitted to said board, unless the vote on the recommenda- tions and motions of both the said finance board and department head for said appropriations or transfers be taken by secret ballot.
-Board of Selectmen and Town Government Study Committee VOTED: To indefinitely postpone on voice majority.
ARTICLE 70. To see if the Town will vote to amend Section 3 of Article 2 of the Town By-Laws by inserting the following paragraph after Item 3:
"It shall thereupon be the duty of the Selectmen to examine into the subject and be prepared to inform the voters thereon at the Town Meeting;" or take any other action thereto.
-Board of Selectmen and Town Government Study Committee VOTED: To adopt Article 70 as written by motion by the Finance Com- mittee on voice vote. No dissents. (3-30-64 at 8:29 P. M.) Approved by the Attorney General July 27, 1964 and advertised according to law.
ARTICLE 71. To see if the Town will vote to amend Section 4 of Article 2 of its By-Laws as follows:
By removing the period after the word 'thereon' and placing a comma in place thereof and add the words "at the town meeting;" or take any other action relative thereto.
-Board of Selectmen and Town Government Study Committee VOTED: Being so moved by Mr. Merrill of Finance, Article 71 was adopted on voice majority. No dissents. (3-30-64 at 8:30 P. M.) Approved by the Attorney General July 27, 1964 and advertised according to law.
ARTICLE 72. To see if the Town will vote to amend Section 15 of Article 2 of the Town By-Laws by adding the words "and appointed" after the word "elective" in the first sentence thereof; or take any other action relative thereto.
-Board of Selectmen and Town Government Study Committee VOTED: To adopt Article 72 as motioned by Finance by voice majority.
No dissents. (3-30-64 at 8:32 P. M.) Approved by the Attorney General July 27, 1964 and advertised according to law.
ARTICLE 73. To see if the Town will vote that the Board of Selectmen be directed to request the General Court to enact legislation authorizing the Town of Tewksbury to revise the present method of choosing members of the Board of Assessors, such legislation to include, in essence, the following features:
1. The legislative act shall contain an emergency preamble making it effective immediately on enactment and approval by the Governor.
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2. The Board of Selectmen shall be authorized to appoint a full-time Principal Assessor and two part-time Associate Assessors. Immediately upon the appointment of the new Board of Assessors the terms of the present members shall expire.
3. Initially, the Principal Assessor shall be appointed for a one year term, with the other members appointed for two and three year terms, respectively. Successive appointment shall be for three year terms, expiring in different years. Any assessor may be removed from office by the Board of Selectmen for cause, during his term of office, after reasonable notice and a public hearing.
4. The Principal Assessor shall be especially qualified by education and experience, with a minimum requirement of a bachelor's degree in Business Administration, or an allied field, and at least two year's ex- perience in the application of recognized appraisal methods relating to real and personal property. Prior to any appointment to this position, the Board of Selectmen shall solicit and consider recommendations of the Director of Accounts, Commonwealth of Massachusetts, relative to the qualifications of the applicants for this position.
5. The Principal Assessor need not be a resident of the Town of Tewks- bury at the time of appointment. However, to retain his position, he must take up residence within the town no later than ninety days after such appointment. Associate members must be residents and registered voters at the time of appointment and subsequently. Such associate members shall be of good moral character with a reasonable knowledge of the town's operations and the laws relating to taxation and assess- ment practices.
6. In all official proceedings of the Board, the Principal Assessor shall have two votes. Each associate shall be entitled to one vote. In the event of a tie vote on any matter, the issue under consideration shall be referred to the Board of Selectmen for resolution. A majority vote of the Board of Selectmen shall constitute the fifth and deciding vote on such matters.
7. The Board of Assessors shall install uniform and equitable assess- ment practices. The Commonwealth of Mass., Director of Accounts, shall upon request provide assistance and recommendations for install- ing such practices.
-Board of Selectmen
VOTED: Mr. Merrill of Finance moved for adoption of Article 73 as written. This was so voted by the assembly on voice majority. The motion for indefinite postponement by Mr. John Nolan was declared lost by the Moderator. (3-30-64 at 8:53 P. M.)
ARTICLE 74. To see if the Town will vote to amend Section 1 of Article 6 of the Town By-Laws by striking out all the words after the word "Select- men"; or take any other action relative thereto.
VOTED: Motioned by Finance, Article 74 was adopted by voice majority. No dissents. (3-30-64 at 8:54 P. M.) Approved by the Attorney General July 27, 1964 and advertised according to law.
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ARTICLE 75. To see if the Town will vote to amend Section 5 of Article 6 of the Town By-Laws by striking out all of the words after the word "Selectmen"; or take any other action relative thereto.
-Board of Selectmen and Town Government Study Committee VOTED: To adopt Article 75 as moved by Mr. Merrill of Finance by voice majority. No dissents. (3-30-64 at 8:55 P. M.) Approved by the Attorney General July 27, 1984 and advertised according to law.
ARTICLE 76. To see if the Town will vote to amend Section 1 of Article 1 of its By-Laws as follows:
By striking out the word "March" in the first sentence and inserting in place thereof the word "April" and by striking out the figure and words of "10 A. M." and inserting in place thereof the figure and words of "1 P. M." and to further strike out in the second sentence thereof the word "March" and insert in place thereof the word "April" so that the entire amended By-Law will read thus:
Section 1. The annual Town Meeting shall be held on the first Satur- day in April commencing at 1 P. M. The annual Town Meeting for the election of Town Officers shall be held on the second Saturday of April, polls shall be open from 10 A. M. to 8 P. M .; or take any other action relative thereto.
-Board of Selectmen and Town Government Study Committee
VOTED: To indefinitely postpone as moved by Mr. Walter Doucette. Motion by Mr. Whalen to amend by striking out the word 'April' and inserting the word 'March' was declared lost. (9:06 P. M.)
ARTICLE 77. To see if the Town will vote to amend Section 2 or Article 1 of the Town By-Laws by adding the following at the end of the paragraph:
In addition the Selectmen as soon as is practicable after the printing of the warrant shall order that at least one warrant shall be mailed to each dwelling in the town in which a registered voter resides or has his usual place of abode: or take any other action relative thereto.
-Board of Selectmen and Town Government Study Committee
VOTED: By motion of Finance, Article 77 was adopted by voice majority. No dissents. (3-30-64 at 9:08 P. M.) Approved by the Attorney General July 27, 1964 and advertised according to law.
ARTICLE 78. To see if the Town will vote to raise and appropriate the sum of $976.31 to indemnify Cvril A. Gordon from a legal liability incurred as the result of a collision between a police cruiser and a vehicle operated by Jerome L. Maltz, 37 Bartlett Road, Randolph, Mass. at the intersection of Whipple Road and Andover Road, or take any other relative action.
-Board of Selectmen
VOTED: Unanimously to raise and appropriate $976.31 for the purposes of Article 78.
Motion by Mr. Pupkis to lay-on-table Articles 79 through 100 lost.
ARTICLE 79. To see if the Town will raise and appropriate $5,080.00 to install drainage on Marie Street. -Board of Selectmen
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VOTED: To raise and appropriate the sum of $5,080.00 as moved by Mr. Beattie for the purposes of Article 79.
ARTICLE 80. To see if the Town will vote to accept the following amend- ments to the Personnel By-Law:
Under Section 4
Fringe Benefits
Sick Leave - Non Occupational
Paragraph (b) delete the words: up to a total of:
30 days in the first five years of service
45 days from the sixth through the tenth year of service
60 days after the tenth year of service
And substitute the words:
at the rate of one and one quarter (11/4) days per month. -Personnel Board
VOTED: To adopt Article 80 as written on motion of Mr. Manley of Personnel. As the adoption was doubted, a rising vote was called and recorded of 208 in favor and 82 opposed. The move for indefinite postponement lost.
ARTICLE 81. To see if the Town will vote to accept the following amend- ments to the Personnel By-Law:
Overtime
Paragraph (b) delete the words:
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qualifying under the conditions listed below shall receive time and one-half for all hours worked over 8 hours in one day and over 40 hours in one week: Highway Dept. - Snow removal and sanding. Water Dept. - water main, water service or hydrant breaks and freeze-ups. Tree Dept. - Clearing of road obstructions and emer- gency work relating to public utility lines. All other overtime work performed in these 3 departments should be at straight time compensation.
And substitute the words:
shall receive time and one-half for all hours worked over 8 hours in one day and over 40 hours in one week:
Highway Dept. - Water Dept. - Tree Dept. -Personnel Board
VOTED: To indefinitely postpone.
ARTICLE 82. To see if the Town will vote to raise and appropriate, or transfer from available funds, the sum of $15,000.00 for the purpose of repairing the roof and water damages at the Shawsheen School and to authorize the School Committee to employ professional consultants, expend such funds, call for bids, and to execute and sign all contracts, vouchers, and legal documents, incidental and necessary to carry out the purposes of this article, or take any action in relation thereto. -School Committee
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VOTED: To transfer the sum of $15,000.00 from E & D for the purposes of Article 82. (3-30-64 at 9:43 P. M.)
ARTICLE 83. To see if the Town will vote to grant, in consideration for the sum of ($1.00) one dollar, to the Tewksbury Housing Authority for the purpose of constructing a Housing for the Elderly Project in the Town of Tewksbury, a parcel of land owned by the Town of Tewksbury on Main and Summer Streets, containing twelve (12) acres more or less and being a portion of the parcel of land conveyd to the Town of Tewksbury under the virtue of the Authority granted by Chapter 564 of the Acts of the General Court of 1956 from the Commonwealth of Massachusetts or take any other relative action. -Frederick Montague, Chrmn., Housing Authority
VOTED: That the Town grant and convey in consideration of the sum of one dollar ($1.00), to the Tewksbury Housing Authority for the purpose : of constructing a Housing for the Elderly Project, a portion of the parcel of land on Main Street conveyed to the Town of Tewksbury by the Commonwealth of Massachusetts under the authority granted by/ Chapter 564 of the Acts of the General Court of 1956, said portion con -. taining approximately 6.06 acres, and being bounded and described ! substantially as follows:
Easterly by land now or formerly of Ruth Cameron, William H. Kelley, Arthur C. Norris and George F. Garland, about 366 feet
Southwesterly by land now or formerly of Mary A. Aldrich and ! Herbert W. Pillsbury, about 695.09 feet
Westerly by land now or formerly of Walter Leaver et ux, about! 52 feet;
Northwesterly by land now or formerly of the Town of Tewksbury being the remaining portion of the land so conveyed by the Common -. wealth, about 329 feet; and
Northeasterly by the same land now or formerly of the Town of ! Tewksbury, about 612 feet.
The Selectmen may, in their discretion and pursuant to the authority hereinbefore granted, grant and convey such smaller area : within the portion hereinbefore described as they shall determine and the Selectmen are hereby further authorized to execute and deliver a good and sufficient quit-claim deed to said portion (or such smaller area therein as they shall determine).
VOTED: Unanimously to adopt Article 83 as amended. (3-7-64 at 10:13 A.M.) Motion to take from the table Articles 2 through 82 was carried.
ARTICLE 84. To see if the Town will vote to create a special unpaid com- mittee to be known as the Regional Vocational School District Planning Committee, to consist of three members, including one member of the School Committee, all to be appointed by the Moderator, which committee may join with a comparable committee or committees, from one or more neighboring towns and/or city, to form a Regional Vocational School District Planning
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Board for the purpose of studying the advisability of establishing a Regional Vocational School District, and making recommendations, relative thereto, pursuant to Chapter 71, of the General Laws, Section 14 to 161 -Superintendent of Schools inclusive.
VOTED: To adopt Article 84 as written. Committee appointed: William Bullen, Albert J. Reardon, Robert L. Bernier.
ARTICLE 85. To hear and act upon the reports of the various town officers. -Board of Selectmen
VOTED: To adopt and to waive the reading of the reports.
ARTICLE 86. To see if the Town will vote to raise and appropriate a sum of money as follows for the purpose of providing suitable quarters under the provision of section 9 of Chapter 40 of the General Laws: Tewksbury Chapter No. 110 Disabled American Veterans - $600.00.
-Ward R. Davis and others
VOTED: To raise and appropriate the sum of $600.00 for the purposes of Article 86 as moved by the Commander of the Disabled American Veterans.
ARTICLE 87. To see if the Town will vote to raise and appropriate or transfer from available funds, the sum of $2,000.00 to install a storm drain on the south side of Andover Street, west of Trull Brook.
-Helena Bernat and others
VOTED: To raise and appropriate the sum of $2,000.00 for Article 87 as written on motion by Mr. Cooney. Motions to: (1) Indefinitely postpone and (2) to raise and appropriate $1,000.00 did not carry.
ARTICLE 88. To see if the Town will vote to raise and appropriate or transfer from E & D Account the sum of $1,000.00 for the purpose of demolition of dangerous structures to be supervised by the Building Inspector and the Board of Selectmen, or take any action relative thereto. -Building By-Law Committee
VOTED: To raise and appropriate the sum of $1,000.00 to achieve the purposes of Article 88.
ARTICLE 89. To see if the Town will vote to prohibit the use of Town or roadside trees to post signs, posters or handbills, or take any action relative thereto. -Walter R. Doucette, Tree Warden
VOTED: To prohibit as outlined in Article 89. (3-30-64 at 9:58 P.M.)
ARTICLE 90. To see if the Town will vote to accept General Law, Chapter 147, Sections 32 to 47 inclusive, or take any other action relative thereto.
-John F. Sullivan, Chief of Police
VOTED: By secret ballot to accept Sections 32 to 47 of Chapter 147 of the General Laws on a vote recorded of 280 in favor and 45 opposed. (3-30-64 at 10:17 P. M.)
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ARTICLE 91. To see if the Town will vote to continue the committee appointed under Article 33 of the 1963 Annual Town Meeting, until the appointment of an Executive Secretary.
-Lewis Tremblay, Chrmn., Town Government Committee
VOTED: To indefinitely postpone Article 91 as moved by Mr. Lewis Tremblay.
ARTICLE 92. To see if the Town will vote to amend the By-Law under Article IV, Section 3, by striking out the words "December 15th" and substituting the words, "November 15th."
-David D. Merrill, Chrmn., Finance Committee VOTED: To adopt as amended that "the School Committee Budget shall be submitted on or before December 15th" by voice majority, no dissents, upon motion by Mr. Bastable. The votes on adoption and the amendment were subsequent to the move by Mr. Bastable for recon- sideration of Article 92 at 10:55 - adopted as written at 10:27 P. M. - by a rising vote recorded of 238 to 5. (3-20-64 at 11:00 P. M.) Approved by the Attorney General July 27, 1964 and advertised according to law.
ARTICLE 93. To see if the Town will vote to support a constitutional grant of home rule for the cities and towns of the Commonwealth of Mass- achusetts and to direct the Selectmen to take such action as may be necessary o1 advisable to bring about local self-government, or take any other action relative thereto.
-David D. Merrill, Chrmn., Finance Committee
VOTED: To adopt as outlined in Article 93 by voice majority. Move for indefinite postponement by Mrs. Cotreau was declared carried. This decision was questioned and a rising vote determined that the motion was lost by a count of 136 to 139. (3-30-64 at 10:36 P. M.)
ARTICLE 94. To see if the Town will vote to raise and appropriate the sum of $15,000.00 to install drainage pipes and catch basins, and to recon- struct and resurface Ellington Rd., from Leston St. to end, at 31 Ellington Road, or take any other relative action. -David F. Mitchell and others
VOTED: To raise and appropriate the sum of $7,000.00 as amended.
ARTICLE 95. To see what action the Town will take to correct the drainage problem on land owned by John P. Carter and William B. Carter, caused by the improper installation of a culvert drain located under the new Junior High School access road. Also to raise appropriate a sum of money to correct the damage or take any other action relative thereto.
-William B. Carter and others
VOTED: To raise and appropriate the sum of $500.00 as amended that the matter of Article 95 be under the direction of the Highway Commis- sioners as moved by Mr. Carter.
ARTICLE 96. To see if the Town will vote to raise and appropriate, or transfer from available funds, the sum of $4,125.00 for the purpose of taking, in the name of the Town of Tewksbury, all parcels of land on which taxes remain unpaid from 1960 through 1961. -Collector of Taxes
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VOTED: To raise and appropriate the sum of $4,125.00 for land takings by the Town in voice majority.
ARTICLE 97. To see if the Town will vote to change the name of the Tewksbury Junior High School, located on Victor Drive, to the John F. Kennedy Memorial Junior High School, or take any other action in relation thereto. -Leo D. Chibas, Chrmn., School Committee VOTED: The three motions - (1) to refer this article to the Memorial Committee: (2) to adopt and (3) to indefinitely postpone - were de- clared lost by the Moderator. The voice majority on adoption was ques- tion and resulted in a rising vote of 128 in favor and 148 opposed. (3-30-64) The move for reconsideration by Mr. Eugene Mclaughlin on April 8th was refused by the assembly with 100 in favor and 152 opposed. Two- thirds at this time - 168.
ARTICLE 98. To see if the Town will vote to raise and appropriate, or transfer from available funds, a sum of money for the purpose of carrying out the Long Range School Building Program as provided in Article 8 of the Warrant for the Special Town Meeting of May 8, 1957.
-Mrs. Anthony F. Anderson, Chrmn., School Planning Committee
VOTED: To raise and appropriate the sum of $2,000.00 for the intention of Article 98.
ARTICLE 99. To see if the Town will vote to raise and appropriate the sum of $1,600.00 for the purpose of cooperating with the City of Lowell and adjoining towns in supporting Mental Health facilities and for providing necessary services, said sum to be expended under the direction of the Board of Health. -Kevin C. Sullivan, Chrmn., Board of Health
VOTED: To raise and appropriate the sum of $1,600.00 for the purposes of Article 99 by voice majority.
ARTICLE 100. To see if the Town will vote to amend the Building By-Laws now in force and effect by substituting or amending, and substi- tuting the proposed Building By-Law recommended by the Building By-Laws Committee.
BUILDING BY-LAWS Town of Tewksbury, Massachusetts
Section 1. This By-Law shall be known and cited as the Building Law as provided under Chapter 143, Section 3-12, of the General Laws.
INSPECTOR OF BUILDINGS
Section 2. An inspector of buildings shall be appointed annually by the Selectmen for a term of one year or until his successor has been appointed and qualified.
Section 3. The Inspector shall examine all buildings in the course of construction, alteration, and repair, or which are + be moved or razed, and
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see that the zoning by law and all By-Laws of the Town in relation thereto are complied with, and when necessary shall take proper measures to secure such compliance. He shall keep a record of the business of his office and make all returns required by law, notify the assessors of all permits issued, and shall make periodic and annual reports of his work to the Selectmen with such recommendations as he may deem necessary. None of the provisions of these By-Laws shall be construed so as to conflict with the requirements made by the Department of Public Safety under the authority of Chapter 143 of the General Laws.
Section 4. No building within the limits of the Town of Tewksbury shall be erected, razed or moved and no addition or alteration of a building shall be made by any person unless he shall first file with the Inspector plans and specifications and a full description of the proposed work. If the plans, specifications or descriptions so filed shall be in compliance with the building limitations prescribed in the zoning and By-Laws, the Inspector shall forthwith issue a permit therefor.
Ordinary additions or alterations may be made up to the value of $100 after notice to the Building Inspector, without permit or fee, but such additions or alterations shall not be construed to include the cutting away of any stone, concrete or brick wall, or any portion thereof, the removal or cutting of any beam or support, or the removal, change or closing of any staircase, or exit.
Ordinary repairs, maintenance and minor additions to a structure including but not limited to:
(a) Interior or exterior decorating of a non-structural nature
(b) Additions of storm windows, canopies, awnings, etc. or what ever so designated by the Inspector of Buildings as to be ordinary repairs, maintenance or minor additions, shall not require a building permit.
The application of roofing in excess of 1/3 of the total area of a given roof or siding except for ordinary repair of existing siding shall require a permit.
Section 5A. No building or structure hereafter erected, altered, or changed as to construction, occupancy or use, shall be occupied or used, nor shall any owner of a building or structure allow such building or structure to be occupied or used, without an occupancy permit issued by the Inspector of Buildings, Plumbing Inspector and Wiring Inspector, and no such permit shall be issued until the building and its uses and accessory uses shall comply in all respects with this By-Law.
Section 6. The Inspector of Buildings shall examine every building or other structure which he has reason to believe unsafe or dangerous, and if he finds it unsafe or dangerous he shall, in writing, notify the owner, agent or any person having an interest therein, to remove it or make it safe and secure, and such person shall thereupon immediately remove it or make it safe.
Section 7. The Building Inspector, or an employee charged with the enforcement of this code shall not be personally liable while acting for the
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