USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1963-1967 > Part 30
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3. Accessory signs on premises in districts being used as a hotel or as garden apartments shall be limited to one sign not exceeding (12) square feet in area, provided that there may be more or larger accessory signs with specific permission from the Board of Appeals.
B. Non-Accessory Signs.
No non-accessory sign shall be erected or maintained in a residential area.
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Section 2. Business Areas.
A. Accessory Signs.
1. In business areas accessory signs that comply with the provisions hereinafter set forth are permitted. All other accessory signs are expressly prohibited.
a. Location. The sign shall be affixed to a building, except as here- inafter provided. A sign attached to a building shall be securely affixed to one of the walls or a roof of the building. If affixed to a wall, it shall be parallel with and not project more than twelve (12) inches from the face of such wall and shall not project beyond the face of any other wall of the building. If affixed to the roof, it shall be parallel with the front wall of the store and shall not project beyond the face of any wall of the building. No sign, whether affixed to a wall or roof of a building, shall project above the highest line of the main roof of the building, provided however, that if the sign is attached to a wall having a parapet extending above the highest line of such roof, then the sign may reach but may not project above the top of the parapet wall.
b. Size. A sign shall not be more than three (3) feet over-all in height. A sign on the exterior wall of the first floor of a building may extend across the full width of the store wall, unless the store occupies the entire first floor of a detached building in which event the sign may extend across not more than three-fourths (3/4) of the width of the wall. The width of signs of stores occupying other than the first floor of a building shall not exceed three (3) feet.
c. Number. There shall not be more than one exterior sign for each store, except that if the store has a direct entrance into the store in a wall other than the store front, there may be a secondary sign affixed to such wall, and if the store has a wall, other than the store front, that faces upon a street or parking area, there may be a sign affixed to such wall, whether or not such wall contains an entrance to the store; provided however, that no store shall have more than two signs in any event. The width of the secondary sign or signs shall not exceed fifty percent (50%) of the maximum permissible width of the sign on the store front. In addition to the foregoing sign or signs, there may be one directory of the occu- pants or tenants of the building affixed to the exterior wall of the building at each entrance to the building. Such directory shall not exceed an area determined on the basis of one (1) square foot for each occupant or tenant of the building.
d. Special Signs. In particular instances the Board of Appeals may permit more than the number of signs hereinabove permitted or signs of a maximum size or in a location other than hereinabove specified, if it determines that the architecture of the building, the
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location of the building with reference to the street or the nature of the use being made of the store is such that additional sign or signs of a larger maximum size should be permitted in the public interest. In granting such permission, the Board of Appeals shall specify the size and location of such sign or signs and impose such other terms and restrictions as it may deem to be in the public interest.
e. Construction. No sign shall be painted or posted directly on the surface of any exterior wall, including windows and doors. All signs must be painted, posted or otherwise securely affixed to a substantial intermediary removable surface and such surface shall be securely affixed to the wall of the building. The foregoing, however, shall not prevent installation of a sign by individual letters or devices cut into or securely affixed to the exterior wall of a building, provided that such letters or devices have a minimum depth or projection of one- fourth (1/4) of an inch. The material of the sign and intermediary surface and the manner of fixation of the sign to the intermediary surface to the wall of the building shall be subject to the approval of the Building Inspector for the purpose of protecting the safety of the public.
f. Illumination. Moving, and flashing signs are prohibited. No red or green lights shall be used on any sign if, in the opinion of the Building Inspector, such light would create a driving hazard. No sign may be illuminated between the hours of 12 P. M. and 6 A. M., except signs showing police or fire stations and such other sign that the Board of Appeals may specifically authorize to be illuminated at other hours, if the Board finds that the nature of the use of the premises is such that such illumination should be permitted in the public interest.
The provisions of this paragraph shall apply not only to exterior signs but also to interior signs that are designed or placed so as to shine through windows or doors of the building.
g. Standing Signs. Standing signs are prohibited except as follows:
(1) In particular instances the Board of Appeals may permit standing signs if it determines that the nature of the use of the premises, the architecture of the building, or the location of the building with reference to the street is such that a standing sign or signs should be permitted in the public interest. In granting such permission the Board of Appeals shall specify the size, type, and location of the sign and impose other such terms and restrictions as it may deem to be in the public interest.
(2) During the construction of a building, a standing sign may be placed on the premises identifying the building, the owner, the contractors, the architects or the engineers but such sign shall not exceed twenty (20) square feet in surface area nor ten (10) feet in any dimension. Such sign shall be removed promptly after the completion of the building.
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h. Gasoline Filling Stations and Garages. Gasoline filling stations and garages, may if they elect to do so divide the one exterior sign affixed to the front of the building, to which they are entitled as hereinabove provided, into separate signs affixed to and parallel to such wall and indicating the separate operations or departments of the building, provided however that the total width of the signs shall not exceed the maximum width permitted under this By-Law for a single exterior sign on such wall. In addition, one sign, stand- ing or otherwise indicating the company whose gasoline is being sold may be erected of such type, in such location, and in such manner as the Board of Appeals may permit. The standard type of gasoline pump bearing thereon in usual size and form, the name or type of gasoline and the price thereof shall not be deemed to be in violation of this By-Law. Temporary or movable signs of any and every type are specifically prohibited.
i. Maintenance. All signs whether erected before or after the effec- tive date of this By-Law shall be maintained in a safe condition to the satisfaction of the Building Inspector.
B. Non-Accessory Signs.
No non-accessory sign shall be erected or maintained in a business area except as permitted under a permit lawfully issued, and remaining in full force and effect, by the Outdoor Advertising Board, or by any board of officials succeeding to its authority in the administration of Sections 29 to 33 inclusive of Chapter 93 of the General Laws, or any act in addition thereto or in amendment thereof.
ARTICLE III
Administration
Section 1. Permits. No sign shall be erected on the exterior of any building or on any land unless and until an application for the erection of such sign has been filed with the Building Inspector, with such information and drawings as he may require, and a permit for the erection of a sign has been issued to him. The fee for such permits shall be determined from time to time by the Board of Selectmen of the Town. The provisions of this section shall not apply to:
A. In residential areas - to permitted signs, except such as by the terms of this By-Law or of the Zoning By-Law are permitted only with specific permission of the Board of Appeals.
B. In business areas - one real estate sign of not over six (6) square feet in total area advertising the sale or rental of the premises on which it is located.
Section 2. Appeal. A person aggrieved by the refusal of the Building Inspector to issue a permit for the erection of a sign or by any order of the Building Inspector under this By-Law may appeal to the Board of
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Appeals. The provision of the Zoning By-Law as to the time for taking such appeal and as to the notice of and hearing thereon to be held by the Board of Appeals shall apply to appeals under this By-Law.
Section 3. Enforcement. The Building Inspector is hereby designated and authorized as the officer charged with the enforcement of this By-Law and the provisions of the Zoning By-Law in reference to the enforcement of the Zoning By-Law shall apply also to the enforcement of this By-Law.
ARTICLE IV Miscellaneous
Section 1. Non-Conforming Signs. Signs legally erected before the adop- tion of this By-Law that do not conform to the provisions of this By-Law must be made to so comply within five (5) years after the effective date of this By-Law, except that standing signs must be made to comply within three (3) years after the effective date of this By-Law except that all signs must be made to comply with paragraph 'f', Illumination, of Section 2.A.1 of Article II within one (1) year after the effective date of this By-Law.
Section 2. Penalty for Violation. Whoever violates any provision of this By-Law shall be punished by a fine not exceeding one hundred dollars ($100.00) for each offense.
Section 3. Severability. The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision hereof.
Section 4. In the event of a conflict with any other provision of the Zoning By-Law, this amendment shall be construed to take precedence except that it shall not affect the set back requirements for bill boards as pro- vided in Section 6, Paragraph 7.
VOTED: With discussion limited by acceptance by the assembly of the previous question, the move for indefinite postponement of Article 99 carried by voice majority and was so declared by the Moderator.
ARTICLE 100. To see if the Town will vote to amend Section 15 of the current Town By-Laws as follows: Delete in sentence 3-Within a reason- time-Substitute-Within 12 days Delete in the last sentence-at reasonable times-Substitute-within 12 days -Tewksbury Taxpayers Association
VOTED: To indefinitely postpone on rising vote of 155 to 79. The rising vote sustained the Moderator who was questioned on his declaration that the voice vote carried.
A question of quorum by Finance at this point in the meeting revealed that only 261 persons were present and voting. This number was not sufficient and the motion by Mr. Hurton to adjourn the 1965 Annual Town Meeting sine die carried at 11:30 P. M., March 10, 1965.
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ARTICLE 101. To determine if the Town will vote to restrict Town Employees from serving on any appointive Town boards or committees when such a board or committee is related to their departmental function. Such restriction will not preclude service as a non-voting consultant or -Tewksbury Taxpayers Association adviser.
Not Acted Upon.
ARTICLE 102. To determine if the Town will vote to prohibit elected Town Officials from serving on any appointive board or committee con- cerned with Town government during their active term. Such restriction will not apply in any situations specifically stated otherwise by current laws. -Tewksbury Taxpayers Association
Not Acted Upon.
ARTICLE 103. To see if the Town will vote to authorize the Town Library Trustees to set aside monies collected as fines on over-due or damaged books in a separate account to be known as the Library Book Fund. Such monies to be used toward the purchase of new books for the library or to take any other action relative thereto. -Tewksbury Taxpayers Association Not Acted Upon.
ARTICLE 104. To see if the Town will vote to establish a committee to study "Conflict of Interest" regulations pertaining to municipal officials and others as stated in the General Laws of the Commonwealth. Such committee to consist of five Tewksbury residents - Attorneys-at-Law - one each to be appointed by the Selectmen, the Town Moderator, the Town Employees, the Taxpayer's Association and the League of Women Voters. Said committee will provide a full and substantial By-Law to assure a realistic basis for determining "Conflict of Interest" in the Town of Tewksbury relating to elected Town Officials, Appointed Board and Com- mittee members and Town Employees. The committee will present this By-Law to the next regular Town Meeting or take any other action relative thereto. Members of this committee will be appointed within 30 days after adoption of this article.
-Tewksbury Taxpayers Association
Not Acted Upon.
ARTICLE 105. To see if the Town will vote to establish a Conservation Commission under the provisions of Chapter 40 - Section 8C of the General Laws or take any action relative thereto. Said Commission to have seven (7) members to be appointed by the Selectmen under the provisions of the above section but in no case shall members hold any other elective or appointive office within the Town. Such appointments to be made within 30 days after acceptance of this article.
-Tewksbury Taxpayers Association
Not Acted Upon.
ARTICLE 106. To see if the Town will vote to appoint a committee of five (5) to be known as the Sign By-Law Committee to prepare a By-Law for the regulation of signs in the Town, to hold a public hearing in
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accordance with the laws and procedures covering the Zoning By-Laws and to present a Sign By-Law for consideration by the Town at the next annual Town meeting or Annual Election, or to take any other action therewith proper and necessary and appropriate the sum of $300.00 to carry out the foregoing. The aforesaid committee to consist of the following: Gerald McDermott, Thomas Conlon, Edmund Hoell, Eugene Mclaughlin and a member to be appointed by the Planning Board.
Not Acted Upon.
And you are direcetd to serve this warrant by posting attested copies thereof upon the Town Hall and each of the Post Offices of Precinct One; Shawsheen School of Precinct Two; North Street School of Precinct Three, seven (7) days at least before the time of holding said meeting.
HEREOF FAIL NOT, AND MAKE DUE RETURNS OF THIS WAR- RANT, with your doings thereon, to the Town Clerk at the time and place of Meeting as aforesaid.
Given under our hands this 19th day of January, in the year of our Lord, one thousand nine hundred and sixty-five.
WILLIAM B. CARTER, Chairman JOSEPH J. WHELAN VICTOR N. CLUFF GEORGE A. O'CONNELL DAVID J. BEATTIE Selectmen of Tewksbury
A true copy, Attest:
JOHN E. HEDSTROM Town Clerk
APPLICATION OF FUNDS
RAISE AND APPROPRIATE $ 3,666,028.54
Annual Budget (Article 6) 3,385,789.31
Articles 3 to 100 280,239.23
163,800.00
TRANSFER FROM E & D ACCOUNT
TRANSFER FROM STABILIZATION FUND 65,000.00
OTHER TRANSFERS 194,101.00
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WARRANT FOR SPECIAL TOWN MEETING August 30, 1965
Middlesex, ss.
To any of the Constables of the Town of Tewksbury in said County:
IN THE NAME OF THE COMMONWEALTH OF MASSACHUSETTS, 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 Monday, the 30th day of August, 1965 at eight o'clock P. M. to act on the following article:
The Special Town Meeting was called to order at 8:00 P. M. by Moderator Alan M. Qua who accepted a recess until 8:30. At that hour the count of voters indicated that 140 were present. Following a further recess it was obvious that the quorum of 327 was not attainable. The motion to adjourn sine die was thereupon moved and so carried at 8:50 P. M.
ARTICLE 1. To see if the town will vote to raise and appropriate, transfer from available funds, or provide otherwise, the sum of $20,000 or any other sum for the purpose of maintaining Veterans Services, or take any other action relative thereto.
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; Shawsheen School of Precinct Two; 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 WAR- RANT, with your doings thereon, to the Town Clerk at the time and place of Meeting as aforesaid.
Given under our hands this 28th day of July in the year of our Lord, one thousand nine hundred and sixty-five.
JOSEPH J. WHELAN, Chairman VICTOR N. CLUFF GEORGE A. O'CONNELL KEVIN C. SULLIVAN DAVID J. BEATTIE Selectmen of Tewksbury
A true copy, Attest: JOHN E. HEDSTROM Town Clerk
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WARRANT FOR SPECIAL TOWN MEETING October 25, 1965
Middlesex, ss.
To any of the Constables of the Town of Tewksbury in said County:
IN THE NAME OF THE COMMONWEALTH OF MASSACHUSETTS, 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 Monday, the 25th day of October, 1965 at eight o'clock P. M. to act on the following articles:
Tewksbury Memorial High School October 25, 1965
Quorum 327
The Special Town Meeting of this date was called to order by Moderator Alan M. Qua at 8:00 P. M. and convened at 8:20 when 405 voters were counted present. Unless otherwise specified, motions under Articles were made by Chairman Hurton of Finance.
ARTICLE 1. To see if the Town will vote to raise and appropriate, transfer from available funds, or provide otherwise, the sum of $20,000 or any other sum for the purpose of maintaining Veterans Services, or take any other action relative thereto.
VOTED: Unanimously to transfer from E & D the sum of $18.000.00 to be expended as follows: Veterans' Benefits $17,500.00; Operating Expenses $300.00; Clerical $200.00.
ARTICLE 2. To see if the Town will vote to transfer from available funds the sum of $3,610.06 for the purpose of balancing the "Interest on Tem- porary Loans" account. -Town Treasurer
VOTED: Unanimously to transfer from E & D the sum of $3,610.06 to balance the Interest on Temporary Loans account.
ARTICLE 3. To see if the Town will vote to transfer from available funds the sum of $2,100.00 to cover the additional cost to the Town of the Health and Life insurance program as provided under Chapter 32B of the General Laws. -Town Treasurer
VOTED: To transfer from E & D the sum of $2,100.00 for the additional cost to the Town of the Group Health and Life Insurance Program. Voice majority, no dissents.
ARTICLE 4. To see if the Town will vote to authorize the Treasurer, with the approval of the Selectmen, to borrow money in anticipation of the revenue for the financial years beginning January 1, 1965 and January 1, 1966, in accordance with provisions of General Laws, Chapter 44, Section 4, and to renew any note or notes as may be given for a period of less than one year, in accordance with the provisions of General Laws, Chapter 44, Section 17, or take any other action relative thereto. -Town Treasurer
VOTED: Unanimously to adopt Article 4.
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ARTICLE 5. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $2,080.00 for the purpose of cor- recting a drainage problem in the Woodcrest Drive area and to see if the Town will further vote to declare forfeited the $500.00 balance of a bond posted by the sub-divider of this area and vote to expend such sums for the purposes of this article.
-Board of Selectmen
VOTED: As amended. to transfer the sum of $1,500.00 from E & D to correct the drainage problem on Woodcrest Drive as moved by Town Auditor Berube. Voice majority, no dissents.
ARTICLE 6. To see if the Town will raise and appropriate the sum of $330,000.00 for the purpose of constructing a new elevated one million gallon steel standpipe, including any and all appurtenant facilities necessary or incidental to the construction of such standpipe and determine how any such sum shall be raised, whether by taxation, by transfer of available funds, by borrowing or otherwise, and if by borrowing to authorize the issuance of bonds or notes of the Town, or take any action in relation thereto. -Board of Water Commissioners
VOTED: As amended, that the Town authorize the Board of Water Com- missioners to enter into negotiations with the Administrator of the Housing and Home Finance Agency to apply for Federal Funds, in an amount not to exceed $15,000 and that the Board of Water Commis- sioners be authorized to expend same for construction plans, specifica- tions and contract documents, with estimates of cost, of a proposed elevated water storage tank, appurtenances and pipeline in all its various phases with the understanding that the Town will reimburse the Federal Government for that part of the cost of engineering services allocated to the project, if, and when, the particular water project is subsequently voted by the Town, said engineering services to be made by an Engineer, approved by the Administrator, and that the Board of Water Commissioners authorize the Treasurer, with the opproval of the Board of Selectmen to accept a planning advance from the United States Government under the terms of public Law 560, as amended, for the purpose of making said engineering services for the Town of Tewksbury. Moved by Mr. Cooney, the Moderator called for a rising vote which indicated that 411 voters were in favor and 2 opposed. (10-25-65 at 8:34 P. M.)
ARTICLE 7. To see if the Town will vote to raise and appropriate the sum of $3,000.00 for the purpose of purchasing approximately 3.6 acres of land from Kenneth W. Thullier and Simone J. Thuillier off Astle Street, as voted by the Town under Article 109 of the Annual Town Meeting called for March 7th, 1964, or take any other action in relation thereto.
-Board of Water Commissioners
VOTED: To raise and appropriate the sum of $3,000.00 to purchase the land taken on Astle Street in 1964 for water purposes. Voice majority, no dissents.
ARTICLE 8. Shall the Town of Tewksbury accept the provisions of Section 16 to Section 16I, inclusive, of Chapter 71 of the General Laws, providing for
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the establishment of a regional school district, together with the towns of Bedford, Billerica, Burlington, Tewksbury and Wilmington, and the con- struction, maintenance and operation of a regional school by said district in accordance with the provisions of a proposed agreement filed with the Board of Selectmen?
-Board of Selectmen
VOTED: To accept the provisions of Section 16 to Section 16I, inclusive of Chapter 71 of the General Laws, providing for the establishment of a regional school district by printed secret ballot voting which was canvassed and recorded as Yes 461, No 61.
ARTICLE 9. To see if the Town will vote to expend the sum of $8,075.00 from the Installation Account for the purpose of installing approximately 1,900 feet of water pipe in Ronald Drive, provided that the cost of said 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.
-Board of Water Commissioners for Miles F. Record
VOTED: To indefinitely postpone Article 9.
ARTICLE 10. To see if the Town will vote to expend the sum of $18,900.00 from the Installation Account, for the purpose of installing approximately 3,150 feet of water pipe in Industrial Avenue, provided that the cost of said 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.
-Board of Water Commissioners for Walter Doucette
VOTED: As amended, to adopt subject to the Planning Board. Declared lost, the voice vote to expend the sum of $18,900.00 from the Installation Account was doubted, and the then subsequent rising vote indicated 266 in favor and 186 opposed. The vote for indefinite postponement lost. (9:36 P. M.)
ARTICLE 11. To see if the Town will vote to expend the sum of $6,375.00 from the Installation Account, for the purpose of installing approximately 1,500 feet of water pipe in Charme Road Extension, provided that the cost of said 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. -Board of Water Commissioners
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