USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1963-1967 > Part 40
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-Planning Board
VOTED: To raise and appropriate the sum of $500.00 for the purposes of Article 24 as amended by striking out the word 'negotiate' and substi- tuting 'to enter into agreement to purchase.' The previous question had been moved. Move to amend for a public hearing lost on voice vote. This Article was taken from the table following the vote on 25. (3-7 at 11:10 P. M.)
ARTICLE 25. To see if the Town will vote to accept Public Law 560, 83rd Congress as amended, and that the Planning Board be authorized to enter into negotiations with the Administrator of Housing and Home Finance Agency to apply for Federal funds not to exceed $125,000.00 and that the Planning Board be authorized to expend the same for surveys, plans, speci- fications, contract documents, borings, estimates of cost, etc. of a sewerage system for Phases I, II and III as set forth in Report on Proposed Sewerage System, Tewksbury, Massachusetts, dated June 1961, prepared by Whitman & Howard, Inc., engineers, in all its various aspects with the understanding that the Town will reimburse the Federal Government for that part of the costs of the surveys, plans, specifications, contract documents, borings, esti- mates of cost, etc. allocated to a particular sewer project if, and when, the particular sewer project is subsequently voted by the Town, said engineer- ing work to be by an engineer approved by the Administrator, and that the Town authorize the Treasurer, with the approval of the Selectmen, to borrow from the United States Government under the terms of Public Law 560, as amended, for the purposes of this article for the Town of Tewksbury, or take any action relating thereto. -Planning Board
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VOTED: Unanimously to adopt Article 25 as written. Move for the previous question by Mr. Cluff carried easily. Article 24 was on-the-table during the discussion and vote on Article 25. (3-7-66 at 10:57 P. M.)
ARTICLE 26. To see if the Town will vote to raise and appropriate the sum of $2375.00 for the purpose of paying the Town of Tewksbury's apportionment to the Regional Planning Board for operating costs for the year 1966.
-- Planning Board
VOTED: Unanimously to raise and appropriate the sum of $2,375.00 for the Town's share of the Regional Planning Board expenses.
ARTICLE 27. To see if the Town will vote to amend the Zoning By-Laws by adding the following paragraph No. 2 to Section 19:
Par. 2. The Board of Appeals herein provided for shall also have jurisdiction under Chapter 41 Section 81-Z to hear appeals from the Planning Board as therein provided and as provided in Section 81-Y of said chapter, and any other pertinent sections of Chapter 41. -Planning Board
VOTED: To refer the purposes of this Article back to the Planning Board on voice vote with the following amendment by Mr. Cluff that "the word frontage, when considered by the Board of Appeals under this article, or any other by-law, shall mean continuous frontage along a street or streets." Move for the previous question had carried. (3-7 at 11:24 P. M.)
ARTICLE 28. To see if the Town will vote to incorporate in the present Zoning By-Law the following:
SIGNS
1. DEFINITIONS
For the purposes of this sub-section, a sign shall mean any letter, work, picture, design, device, or other object, or any combination of these, that advertises, calls attention to or indicates any premises, persons, products, businesses or activities, whatever the nature of the material and manner of composition or construction.
The area of a sign shall be considered to include all lettering, wording and accompanying pictures, designs and devises, together with the background, whether open or enclosed, on which they are displayed, but not including supporting parts of the structure incidental to the display itself. Where a sign is made up of individual letters or designs attached to or painted on any surface, the area of such sign shall be that of the smallest rectangle or other convex shape which encompasses all of the letter or designs.
The regulations of this section shall be applicable whether the sign is exterior to a building or designed to be visible through a door or window. Maintenance. All signs whether erected before or after the effective date of this by-law shall be maintained in a safe condition to the satisfaction of the Building Inspector.
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2. GENERAL REGULATIONS
a. Signs in existence at the time of adoption of this by-law shall not be subject to the requirements specified below, provided that the extent of any nonconformance shall not hereafter be increased.
b. Motion and Illumination
(1) No sign in a Residence District shall be lighted, except by a steady, stationary light, shielded and directed solely at the sign.
(2) No animated, revolving or flashing sign shall be permitted in any district.
(3) No illumination shall be permitted which casts glare onto any resi- dential premises, or onto any portion of a way so as to create a traffic hazard.
(4) No red or green lights shall be used if, in the opinion of the Chief of Police, such colors would create a traffic hazard.
(5) No sign shall be painted or posted directly on the surface of any exterior wall in any district.
c. Temporary Signs
(1) Temporary signs, including paper or cardboard signs advertising specific activities or events, shall be permitted only in Business, Shopping Center, and Industrial Districts. They may be attached on the exterior of a building, or mounted in a window, provided that not more than 30 percent of the area of the window shall be covered. Such signs shall be removed promptly when the informa- they contain is out of date or otherwise is no longer relevent.
(2) Temporary signs advertising the location of subdivisions under development may be erected in Residence Districts, provided that the area of the sign shall not exceed four (4) square feet in area, and that the sign shall not be allowed to remain beyond the time that the development of the subdivision is completed. A permit for such a sign shall be issued by the Building Inspector and counter- signed by the Planning Board.
d. A directional or identification sign may be erected and maintained in any district where the Board of Appeals, acting under Section 17 finds that such signs will promote the public interest, will not endanger the public safety, and will be of such size, location, and design as will not be detrimental to the neighborhood
e. No billboard, or sign on which the principal function, product, or service advertised is not produced or regularly available on the premises shall be erected or maintained in any district except under Section 17.
f. 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 by him. The fee for such permits shall be determined from time to time by the Board of Selectmen of the Town,
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3. PERMITTED SIGNS
a. Residence Districts
(1) One sign for each dwelling unit, indicating only the name of the owner or occupant, the street number, and uses or occupations permitted thereon. Such sign may be either attached or free- standing but shall not exceed two (2) square feet in area.
(2) One unlighted sign not over six (6) square feet in area advertising the sale or lease of the premises on which it is located, located not nearer than ten (10) feet to any street line.
(3) One unlighted sign not over twenty (20) square feet in area indica- ting the name and address of the contractor, architect and/or engi- neer responsible for any construction on the premises. Such sign shall not be located nearer than ten (10) feet to any street line and shall be removed promptly upon completion of the construction work.
(4) One bulletin board or identification sign not over twenty (20) square feet in area for a permitted non-residential building or use. Non- residential uses permitted under Section 17 of this by-law are permitted one such bulletin board or sign at each access to any land employed for such use; all bulletin boards and signs within the boundaries of such lands consistent with such uses and not over six (6) square feet in area are permitted.
(5) Directional and traffic signs subject to the approval of the Chief of Police.
b. Shopping Center Districts
(1) Signs as permitted in Residence Districts.
(2) Signs attached flat against the wall of a building and not projecting above the roof line, advertising the name of a firm, or goods or services available on the premises; provided that the total area of all such signs may not exceed 20 percent of the area of the side of the building which provides principal access. Where the building has more than one public entrance, an additional sign no larger than twenty-five (25) square feet may be provided in connection with each entrance located on a wall other than the one to which the principal sign is attached.
(3) One free-standing sign, containing the name or other identification of the area occupied by the shopping center development, for each street on which the development fronts. Each sign shall be no larger than one hundred (100) square feet. Such sign shall not be located closer than five (5) feet to any property line or the line of any way.
c. Business Districts
(1) Signs as permitted in Residence Districts.
(2) Signs attached flat against the wall of a building advertising the name of the firm, or goods or services available on the premises;
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provided that the total area of all signs on any side of a building may not exceed 35 percent of the area of the side of the building. No individual sign shall exceed one hundred fifty (150) square feet in area.
(3) Signs projecting from a building, advertising the name of a firm or goods or services available on the premises; provided that no such sign may exceed twenty-five (25) square feet in area, and if pro- jected over a public right of way such sign shall be covered by appropriate liability insurance as verified by a certificate of insur- ance filed with the Town Clerk. No sign shall project more than five (5) feet over any public right-of-way or other public property.
(4) Free-standing signs by special permit of the Board of Appeals, if said Board determines that the particular sign will not be in- jurious to the district in which it is to be located nor to traffic and safety conditions therein. In no case shall such a sign contain more than fifty (50) square feet or be more than twenty-five (25) feet above ground level.
d. Industrial Districts
(1) As permitted in Residence Districts.
(2) Signs attached flat against the wall of a building, or projecting not more than six (6) feet above such wall, advertising the name of the firm, or goods or services available or produced on the premises; provided that the total area of all such signs does not exceed 20 percent of the area of the side of the building to which they are attached.
(3) One free-standing sign, containing the name or other identification of the use on the property, for each street on which the property fronts, each sign limited to an area of one hundred (100) square feet. Such sign shall not be located closer than five (5) feet to any property line or the line of any way.
e. 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 depart- ments 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, standing 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.
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4. MISCELLANEOUS
1. 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.
2. Severability. The invalidity of any section or provision of this by-law shall not invalidate any other section or provision hereof.
-The Planning Board
VOTED: By a rising vote of 227 to 0 Article 28 was incorporated into the Zoning By-Laws with the following four amendments that had carried without dissent as each was placed before the assembly. The amend- ments in order: (Approved by Attorney General June 29, 1966)
Amendment (1) Under 3-PERMITTED SIGNS
(b). Shopping Center Districts:
(3) Delete last two sentences: "Each sign shall be no larger than one hundred (100) square feet. Such sign shall not be located closer than five (5) feet to any property line or the line of any way." Insert in place thereof: "Subject to Section 17 of the Zoning By-Laws."
(c). Business Districts:
(4) Delete last sentence: "In no case shall such a sign contain more than fifty (50) square feet or be more than twenty-five (25) feet above ground level." Insert in place thereof: "Subject to Section 17 of the Zoning By-Laws."
(d). Industrial Districts:
(3) Delete all after word fronts - "each sign limited to an area of one hundred (100) square feet. Such sign shall not be located closer than five (5) feet to any property line or the line of any way." Insert in place thereof: "Subject to Section 17 of the Zoning By-Laws."
Amendment (2): 2. GENERAL REGULATIONS
(a). Non Conforming Signs:
All signs legally erected before the adoption 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.
Amendment (3) Under 3 - PERMITTED SIGNS
(a). Residence Districts:
(1a) In a residential district an illuminated sign shall contain only the name and address of the occupant of the premises.
Amendment 4 - The word frontage, when considered by the Board of Appeals under this article, or any other by-law, shall mean continuous frontage along a street or streets. (Art. 28 adopted at 11:30 P. M. on 3-7).
In was thereupon voted 143 to 74 to adjourn the meeting to Wednesday, March 9th at 8:00 P. M. via motion by Mr. William Hurton. (11:33 P. M.)
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WEDNESDAY, MARCH 9, 1966
The Adjourned Annual Meeting was called to order at 8:00 P. M. by the Moderator, Alan M. Qua. The adjournment had been posted according to law.
ARTICLE 29. To see if the Town will vote to raise and appropriate the sum of $10,600.00 or any sum for the improvement of Chandler Street, said money to be used in conjunction with any money which may be alloted by the State or County, or both for this purpose or take any other action relative thereto; and will vote to transfer the sum of $31,800.00 from the E & D Account in anticipation of reimbursement from the State or County for the work, or take any other action relative thereto.
-Road Commissioners
VOTED: Unanimously to raise and appropriate the sum of $10,600.00 and to transfer the sum of $31,800.00 from E & D for Chapter 90 Construction.
ARTICLE 30. To see if the Town will vote to raise and appropriate the sum of $1,500.00 for the maintenance of Chapter 90 Highways, 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 vote to transfer the sum of $3,000.00 from the E & D Account in anticipation of reimbursement from State and County for the work, or take any other action relative thereto. -Road Commissioners
VOTED: To raise and appropriate the sum of $1,500.00 and to transfer from E & D the sum of $3,000.00 for the maintenance of Chapter 90 roads.
ARTICLE 31. To see if the Town will vote to raise and appropriate the sum of $14,250.00 for the maintenance of Chapter 81 Highways, said money to be used in conjunction with any money which may be allotted by the State for this purpose and will vote to transfer the sum of $24,475 from the E & D Account in anticipation of reimbursement from the State for the work, or take any other action relative thereto. -Road Commissioners
VOTED: For Chapter 81 Highways it was voted unanimously to raise and appropriate the sum of $14,250.00 and to transfer the amount of $24,475.00.
ARTICLE 32. To see if the Town will vote to continue the Highway Machinery Fund and to appropriate an additional sum including the un- expended balance of the 1965 Highway Machinery Account to be added to the amount already accredited to this fund for the Highway Machinery purposes, or take any other action relative thereto. - Road Commissioners
VOTED: The sum of $7,197.06 was appropriated for the Highway Machinery Fund.
ARTICLE 33. To see what sum of money the Town will vote to transfer from the Highway Machinery Fund for the purchase, repair and main- tenance of Road Machinery equipment for 1966 or take any other action relative thereto. -Road Commissioners
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VOTED: Unanimously to transfer the sum of $15,000.00 from the Highway Machinery Fund for the maintenance of road machinery for the en- suing year.
ARTICLE 34. To see if the Town will vote to accept the following streets as laid out by the Road Commissioners with the boundaries and measure- ments as shown on a plan on file with the Town Clerk:
Maplewood Road
Leary Drive
Woodcrest Drive
Bruce Street
Pearl Street
Moonlight Drive
Regis Road
Sunset Circle
Cart Path Road
Henry J. Drive
Kimberly Drive
-Road Commissioners
VOTED: With no dissents the streets of Article 34 were accepted with the exception of Maplewood Road and Woodcrest Drive which were deleted by the Road Commissioners. (3-9 at 8:10 P. M.) 1966
ARTICLE 35. To see if the Town will vote to raise and appropriate the sum of $5,571.00 to install drainage on Foster Road.
-Road Commissioners
VOTED: Motion for indefinite postponement was lost. The sum of $5,571.00 was appropriated for drainage on Foster Road in a voice vote.
ARTICLE 36. To see if the Town will vote to raise and appropriate the sum of $1,000.00 to install drainage on Darlene Circle.
-Road Commissioners
VOTED: To raise and appropriate the sum of $1,000.00 to install drainage on Darlene Circle was approved in voice vote. The move for indefinite postponement did not carry.
ARTICLE 37. To see if the Town will vote to raise and appropriate the sum of $1,612.00 to install drainage on Benson Road.
-Road Commissioners
VOTED: Benson Road won approval in the sum of $1,612.00 for drainage without opposition. Motion for indefinite postponement did not carry.
ARTICLE 38. To see if the Town will vote to raise and appropriate the sum of $3,035.00 to install drainage on Tanglewood Avenue.
-Road Commissioners
VOTED: The sum of $3,035.00 to install drainage on Tanglewood Avenue was accepted by the assembly; indefinite postponement was defeated.
ARTICLE 39. To see if the Town will vote to raise and appropriate the sum of $1,725.00 to install drainage on Patriot Road.
-Road Commissioners
VOTED: Installation of drainage at a cost of $1,725.00 on Patriot Road was appropriated by voice majority. Indefinite postponement as moved first did not carry.
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ARTICLE 40. To see if the Town will vote to raise and appropriate the sum of $1.475.00 to install drainage on Summer Street.
-Road Commissioners
VOTED: To raise and appropriate the sum of $1,475.00 to correct drainage on Summer Street without dissent. Indefinite postponement had lost when placed before the assembly.
ARTICLE 41. To see if the Town will vote to raise and appropriate the sum of $6,960.00 for surveying, buying and setting of stone bounds on Cart Path Road, Maplewood Road and Woodcrest Drive under the supervision of the Road Commissioners or take any other action relative thereto.
-Road Commissioners
VOTED: To indefinitely postpone this Article. Road Commissioners stated they were in favor of the Finance motion.
ARTICLE 42. To see if the Town will vote the money arising from the licensing of dogs for the ensuing year to aid in the support of the Public Library. -Library Trustees
VOTED: To adopt this Article as amended by Mr. William Abbott that the sum of $1,837.00 from the licensing of dogs be transferred to the Library Salary Account by voice vote. (3-9 at 8:24 P. M.)
ARTICLE 43. To see what sum the Town will vote to transfer from the money received from the Commonwealth of Massachusetts under Chapter 760 to the Library Salary Account and to the Public Library Equipment Fund or take any other action relative thereto. -Library Trustees
VOTED: Unanimously to transfer $1,200.00 to the Library Salary Account and the sum of $2,775.00 to the Library Equipment Account which totaled is the sum of the monies received under Chapter 760 of the Acts of 1960.
ARTICLE 44. To see if the Town will vote to authorize the Library Trustees to expend a sum not to exceed $10,126.50 from the Public Library Equipment Fund for the purchase of equipment for the new library building or take any other action relative thereto. -Library Trustees
VOTED: To expend from the Library Equipment Fund the sum not to exceed $10,126.50 for purchase of equipment for the new library.
ARTICLE 45. To see if the Town will vote to raise and appropriate the sum of $1350.00 to supplement the present cash on hand and in the Industrial Commission expense account, for anticipated expenditures during the coming year. -Industrial Commission
VOTED: To indefinitely postpone. Recommendation by the Industrial Com- mission that $1,350.00 be raised was not considered.
ARTICLE 46. To see if the Town will vote to raise and appropriate a sum not to exceed two hundred thirty thousand dollars ($230,000.00) for the purpose of constructing, originally equipping and furnishing a new fire station; said appropriation to be met as follows:
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a. The sum of $5,000 to be transferred from the Excess and Deficiency Account.
b. The sum of $85,000 to be transferred from the Stabilization Fund.
c. By authorizing and directing the Treasurer, with the approval of the Selectmen, to borrow the sum of $140,000 by the issuance and sale, at one time or from time to time as one or more separate issues, of general obligation bonds or notes of the Town under and pursuant to clause (3) of Section 7 of Chapter 44 of the Massachusetts General Laws (Ter. Ed.), and other applicable provisions of law, each such issue to be paid in not more than ten years from its date.
This appropriation to be expended by and under the supervision of the Municipal Building Committee appointed by the Selectmen pursuant to vote adopted under Article 19 of the Warrant for the 1964 Annual Town Meeting, which Committee, in addition to the authority previously granted, be authorized to enter into all contracts and take any other action necessary or convenient to carry out the construction of said new fire station; or take any other action relative thereto. -Municipal Building Committee VOTED: To authorize the construction of a new fire station by appropriating
the funds as prescribed in Article 46 on a rising vote recorded as 307 in favor and 153 opposed. Upon this vote the required two-thirds also stood at 307. Reconsideration of the vote was refused by the assembly 275 to 4. A questionable procedure by Mr. Nickerson that the Moderator had illegally accepted the motion for reconsideration was not sustained 292 to 137. A series of votes on this Article had ensued and are here- with recorded in reverse time order. (1) Voice majority on recount questioned and the rising vote was declared carried by a count of 297 to 132. (2)The first vote on adoption of Article 46 failed by 4 votes - 300 to 155 with 304 required to pass. The rising vote was doubted. (3) Motion by Mr. Cunningham for a secret ballot on this question lost 274 to 171 on a standing vote because the voice vote was not clear. (4) The motion for indefinite postponement lost 280 to 135 in a rising vote requested by the Moderator since the voice majority was doubted on this point, (5) The amendment offered by Mr. Goldstein to reduce the bond issue to $117,000.00 was declared lost by the Moderator on voice vote. (6) The previous question was accepted by the assembly. (7) The question was refused in voice voting. (3-9-66 at 9:58 P. M.)
-Municipal Building Committee
ARTICLE 47. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $5,000 for the purpose of carrying out the duties of the Municipal Building Committee as empowered by Article 19 of 1964 Annual Town Meeting or take any other action relative thereto.
VOTED: To raise and appropriate the sum of $1,000.00 for the purposes of Article 47 with the following amendment submitted by Mr. Frederick Achin and approved "That the Board of Selectmen is hereby authorized and directed to appoint four (4) Town residents, together with a fifth resident to be appointed by the Governor of the Commonwealth, to prepare an application for Survey and Planning Funds for an Urban Renewal Project ecompassing the center of the Town of Tewksbury." (3-9-66 at 10:21 P. M.)
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