USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1963-1967 > Part 54
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65
VOTED: To authorize and direct the Selectmen to appoint a committee to prepare a dog restraining law for submission at a later Town meeting. (3-13 at 8:44 P. M.)
ARTICLE 38. To see if the Town will vote to raise and appropriate the following sums for the purpose of paying bills of previous years:
Selectmen - Salaries:
David Beattie
$ 72.98
Board of Registrars:
Merrimack Valley Advertiser
3.00
Planning Board:
Cleverdon, Varney and Pike
105.02
Finance Committee:
Merrimack Valley Advertiser
12.00
Town Hall:
E. A. Fraser
$ 50.00
State Chemical Co.
30.19
80.19
Police:
V. Coyne Auto Sales and Tire Co.
$ 216.60
Mobil Oil Co.
488.24
Lowell Gas Co.
12.14
716.98
Health:
Richard Cluff
82.32
John F. McCormack
752.80
835.12
Board of Appeals:
Lowell Sun
$ 29.26
Village Print
26.00
Operating Expense
12.95
68.21
Veterans' Benefits:
DeMoulas Super Markets, Inc.
$ 380.00
Leahey Eye Clinic
32.00
John Lu, M. D.
12.00
Frederick O. McCall, Jr., D.M.D.
26.00
Nahill's Drug Store
8.45
Rouine Drug Co., Inc.
49.50
Jose M. Ruisanchez, M. D.
3.00
Silver Lake Drug Store
64.25
Swan Drug Co.
7.46
582.66
30
Stationery and Printing: Parkway Photo Chandler St. Widening: Middlesex County Guarantee Deposits: Loma Corp.
20.00
2,426.19
7,594.03
$ 12,516.38 -Town Auditor
VOTED: Five votes were taken on this Article: (1) To add, as moved by Mrs. Merrill, unpaid bills: Lowell Sun-29.26; Village Print Shop-26.00; Operating Expense-12.95 on voice majority. (2) Motion by Mr. Corliss to lay-on-table Loma Corp .- $7,594.03-was passed 292 to 4. (3) To raise and appropriate $4,922.35 the rising vote indicated 365 for and 2 against. (3-13). (4) To take-from-table Loma Corp .- $7,594.03 on voice majority (5) To raise and appropriate said sum by a rising vote of 287 to 0. (3-20 at 9:30 P. M.)
ARTICLE 39. To see if the Town will vote to amend the Zoning By-Law by striking out paragraph 2 of section 13 and substituting the following:
Section 13 Paragraph 2: Accessory use of any premises and in any zone shall not be construed to mean more than one (1) unregistered motor vehicle and no more than one (1) unregistered vehicle may be placed, parked, or maintained on any property in the Town of Tewksbury in any zone, unless the owner of such property has a Class I, II, or III license in accordance with General Laws Chapter 140, Sections 57-69 inclusive. No unregistered motor vehicle may be stored or maintained upon any premises within fifty (50) feet from a street, public way or way laid out on a recorded plan. The Board of Appeals may, after a public hearing, permit additional space for additional cars under the provisions of Section 17. -Building Inspector
VOTED: To amend the Zoning By-Laws as specified in Article 39 by a rising vote of 370 to 0. (3-13). Approved by the Attorney General August 1, 1967.
ARTICLE 40: To see if the Town will vote to discontinue as Town ways, portions of the following Town roads, as shown on a plan on file at the office of the Town Clerk, and described as follows: those portions of Dubuque and Sunnyslope Avenues lying between the southerly sideline of Highlandview Road and the northerly sideline of Barker Road. -Road Commissioners
VOTED: To discontinue as Town Ways the portions as specified in Article 40 on a unanimous voice vote. (3-13 at 9:07 P. M.)
ARTICLE 41. To see if the Town will vote to transfer the sum of $17,562.87 from the E & D Account to resurface Shawsheen Street with Class I, Bitumi- nous Concrete Pavement, Type I-1 from Main Street, Route 38 to Memorial Drive or thereabouts. The sum of $17,562.87 to be transferred from the proceeds from the State under provisions of Chapter 679 of the Acts of 1965. -Road Commissioners
31
VOTED: Unanimously to transfer the sum of $17,562.87 from E & D to resurface Shawsheen Street.
ARTICLE 42. 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 allotted by the State or County, or both for the 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 transfer the sum of $31,800.00 from E & D for the improvement of Chandler Street. (3-13 at 9:08 P. M.)
ARTICLE 43. To see if the Town will vote to raise and appropriate the sum of $1,500 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: Unanimously to raise and appropriate the sum of $1,500.00 and to transfer the sum of $3,000.00 from E & D for the maintenance of Chapter 90 Highways.
ARTICLE 44. To see if the Town will vote to raise and appropriate the sum of $14,500.00 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 $25,025.00 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: Unanimously to raise and appropriate the sum of $14,500.00 and to transfer the sum of $25,025.00 from E & D for the maintenance of Chapter 81 Highways.
ARTICLE 45. To see if the Town will vote to continue the Highway Machi- nery Fund and to appropriate an additional sum including the unexpended balance of the 1966 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: Unanimously as amended to continue the Highway Machinery Fund and to raise and appropriate the additional sum of $8,678.00 to be added to the unexpended balance of $6,322.00 now in said account, and to transfer the amount of $15,000.00 to the Highway Machinery Account for the purchase, repair and maintenance of road machinery equipment for 1967. The amendment was moved by Auditor Berube.
32
ARTICLE 46. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $20,000.00 for the purpose of making surveys, preparing plans and constructing sidewalks on Main Street and to authorize the Road Commissioners to do such work and expend such money or take any action relative thereto. -Road Commissioners
VOTED: On Article 46 all votes failed. The amendment by Mr. McAskill to eliminate raise and appropriate was declared lost. The motion to trans- fer $20,000.00 from the Sidewalk Paving account lacked support in voice vote. The move by Mr. Hurton to accept Article as written and to raise and appropriate $20,000.00 was put to the assembly and the re- sulting voice vote was not definite; the rising vote requested by the Moderator indicated 182 in favor, 192 opposed. Reconsideration was refused 74 to 214. (9:29 P. M.)
ARTICLE 47. 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:
Brentwood Road Westland Drive
-Road Commissioners
VOTED: To accept Brentwood Road and strike out Westland Drive from the action of the Article.
ARTICLE 48. To see if the Town will vote to raise and appropriate the sum of $3,000.00 to purchase and install safety signs and markers.
-Road Commissioners
VOTED: To raise and appropriate the sum of $3,000.00 for safety signs and markers.
ARTICLE 49. To see if the Town will vote to rescind action taken on Article 70 of the Annual Town Meeting, March 5, 1960 by striking out the following Paragraph 3 of Section 10 of the Zoning By-Laws:
These provisions shall not prevent the erection or placing of any dwell- ing on any lot containing less than one acre provided that the Board of Selectmen may vote to issue not more than three (3) building permits for the erection of residential building on any lots approved and recorded at the Registry of Deeds for the Northern District of Middlesex County prior to June 29, 1956, so long as such lots shall not exceed fifty (50) in number in any calendar year and provided also that in determining which lots shall be approved for permits the Board of Selectmen shall not issue more than three (3) permits to any one owner and shall con- sider which lots are best located for residential dwelling in such divi- sions; that no such permit shall be approved except with unanimous vote of the Board of Selectmen at a regular meeting and that all lots shall conform to the Planning Board's proposed Zoning By-Laws as submitted by the Planning Board at the 1959 Town Meeting and be subject to the Planning Board's proposed Sub-division rules and regulations.
Or take any action in relation thereto.
-Planning Board
33
VOTED: To rescind the action taken on Article 70 at the 1960 Annual Meeting and strike out Paragraph 3 of Section 10 of the Zoning By-Laws on a rising vote of 297 in favor and 23 opposed. The 2/3 required was 214. Move for indefinite postponement by Mr. C. Sullivan lost 61 to 298. Reconsideration was refused by the assembly by 226 negative, no affirm- ative, votes. (3-13 at 9:41 P. M.). )Approved by the Attorney General August 1, 1967.
ARTICLE 50. To see if the Town will vote to raise and appropriate the sum of $2,375.00 for the purpose of paying the Town of Tewksbury's appor- tionment to the Regional Planning Board for operation costs for the year 1967.
-Planning Board
VOTED: To raise and appropriate the sum of $2,375.00 for expenses of the Regional Planning Board, without dissent.
ARTICLE 51. To see if the Town will vote to rescind action taken on Article 3 of the Special Town Meeting, May 6, 1959 regarding rezoning of 360 acres of land more or less in North Tewksbury or take any action in relation thereto. -Planning Board
VOTED: Both main motions on this Article lacked the support that a two- thirds vote required. The motion for indefinite postponement failed 205 to 171, needing 251 votes to carry. With 277 required, the move for adoption by Mr. Green achieved a vote recorded as 189 to 226. A motion for reconsideration of the Article was refused by the assembled with 12 in favor and 164 opposed. Following discussion by Mr. Geary on the Article, he moved the previous question and it prevailed 222 to 168. Closing off debate proved unpopular in some quarters and resulted in counter measures. Suspension of the rules was sought but this move did not gain the 2/3 majority of 250 as 192 yeas and 183 nays were counted. The Moderator was sustained in his action of not permitting debate 192 to 171. A rising vote was recorded of 154 in favor and 205 against the motion by Mr. Mclaughlin for a recess during which debate could be heard. (3-13 at 10:40 P. M.)
ARTICLE 52. To see if the Town will vote to further amend Section 10 of the Zoning By-Laws as amended under Article 4 of the Special Town Meeting of September 12, 1956 by adding the following paragraph: In all districts no lot shall have more than one (1) foot of perimeter for every thirty-six and three tenths (36.3) square feet of lot area and shall not be less than forty (40) feet in width at any location within the lot except in a portion of the lot where two (2) lot lines meet at a point.
-Planning Board
VOTED: To further amend Section 10 of the Zoning By-Laws by the adoption of Article 52 by a rising vote recorded of 228 in favor and 1 opposed. The motion by Mr. Pupkis for indefinite postponement was refused by the assembly by a like margin with no affirmative and 228 negative votes counted. (3-13 at 10:51 P. M.) Approved by the Attorney General August 1, 1967.
34
ARTICLE 53. To see if the Town will vote to amend the Zoning By-Laws by changing the following area from a heavy industry to a general residence and farming area by adding the following Section J to Section 4 so as to read as follows: Beginning at a point at the Town line of Tewksbury and Andover at land now or formely of Howard H. Leighton; thence by land of said Leighton by 8 courses as follows: S 24°33' 10" E 16.63, S 23º 52' 40" E 139.23, S 18° 19' 50" E 106.58, S 17º 58' 00" E 132.76, S 17º 29' 20" E 113.60, S 11° 19' 24" W 721.11, S 10° 03' 40" W 223.63, S 14º 15' 50" W 438.74 to the North side of Kendall Street thence in a Westerly direction on the Northerly side of Kendall Street by ten (10) courses as follows: N 83° 20' 20" W 136.39, S 79° 38' 30" W 345.48, thence by a curved line in a Southwesterly direction with a radius of 350.00 feet and a length of 159.16 feet S 53° 35' 30" W 150.75, thence by a curved line in a Northwesterly direction with a radius of 400 feet and a length of 157.52 feet - S 76° 09' 10" W 110 feet to Meadow Brook, thence by a curved line in a Southwesterly direction with a radius of 400 feet and a length of 173.18 feet, thence by a curved line in a Northwesterly direction with a radius of 400 feet and a length of 173.18 feet, thence by a curved line in a Northwesterly direction with a radius of 400 feet and a length of 71.31 - S 61° 33' 40" W 160.39, thence along a straight line in a Southwesterly direction for 607.60 feet - S 66° 45' 20" W thence along a straight line in a Northwesterly direction for a length of 609.79 N 2° 19' 00" W, thence along a straight line in a Northwesterly direction for a length of 356.95 feet N 50° 32' 00" W thence in a Southeasterly direction for a distance of 6020.00 feet more or less to the point of beginning -Planning Board VOTED: To amend the Zoning By-Laws by changing the area described fully in the Article from a heavy industry to a general residence and farming area by a rising vote of 180 to 85. The two-thirds stood at 177 at this point. The motion for indefinite postponement by Mr. Geary did not carry with 94 recorded in favor and 176 opposed. Reconsideration was rejected unanimously. (3-13 at 11:20 P. M.) The previous question had carried to bring the issue to a vote. Approved by the Attorney General August 1, 1967.
ARTICLE 54. To see if the Town will vote to pass into law and add to the Planning Board rules and regulations under Article I as Paragraph 1.12: Non-compliance and/or violations of the following rules and regulations shall be punished by a fine of $50.00 per day for each and every non- compliance and/or violation until such time as the non-compliance and/or violation has been rectified. -Planning Board
VOTED: With only one motion it was unanimously voted to adopt the purpose of Article 54.
At this point the question of quorum prevented further business as but 188 made up the assembly. The meeting was then adjourned to Monday, March 20th at 8:00 P. M. and notice thereof was posted in conformity with law.
35
MONDAY, MARCH 20, 1967
Called to order at 8:00 P. M. the Moderator allowed four recesses and at 9:00 P. M. with 350 in attendance the meeting convened.
ARTICLE 55. To see if the Town will vote to add to the Building By-Laws under "Application" the following paragraph:
Any person applying for a building permit for a new structure where Town of Tewksbury water is to be installed shall, prior to receipt of a building permit, be required to post a bond equal in amount to an estimate of the cost of installing any main, service, and meter to said structure. Said bond shall be posted with the Building Inspector and shall not be released until, in the opinion of the Building Inspector, said installation is completed. -Planning Board VOTED: Motion for indefinite postponement carried on a rising vote ordered by the Moderator 141 to 136. The amendment offered by Mr. Goldstein and here recorded was declared lost on voice vote. This was questioned and a count revealed that 140 were in favor and 135 opposed, so the amendment prevailed at the moment. The amendment stated: "Any person applying for a building permit for a structure where Town of Tewksbury water is to be installed shall, prior to receipt of a building permit, be required to post a bond equal in amount to an estimate com- piled by authorized representatives of the Water Department, of the cost of installing any main, service, and meter to said structure or shall show receipt of prepayment of installation from the Tewksbury Water Department. Said bond shall be posted with the Town Treasurer and shall not be released until, in the opinion of the Building Inspector, said installation has been completed in its entirety."
ARTICLE 56. To see if the Town will vote to accept from the Common- wealth of Massachusetts a conveyance of 23.4 acres of land on the Westerly side of Livingston Street for recreational purposes as shown on a plan en- titled "Plan of Land in Tewksbury, Massachusetts Surveyed for Tewksbury Planning Board, Scale 1" equals 100 feet, December 1, 1966, Dana F. Perkins and Sons, Inc., Civil Engineers and Surveyors, Lowell, Massachusetts" which plan is on file at the office of the Town Clerk all in accordance with G. L. Chapter 45, Section 14 and to designate the Board of Park Commissioners to have jurisdiction over such land, or take any action in relation thereto.
-Planning Board VOTED: Unanimously to accept from the Comonwealth of Massachusetts the conveyance of 23.4 acres of land on the Westerly side of Livingston Street for recreational purposes as moved by Mr. Antonelli. (3-20 at 9:31 P.M.)
ARTICLE 57. To see if the Town will vote to accept G. L. Chapter 45, Section 15 by voting upon the following question: "Shall Section 15 of Chapter 45 of the General Laws, requiring certain towns to provide public playgrounds, be accepted by this Town?" -Planning Board
VOTED: To accept Section 15, Chapter 45 of the General Laws, by a secret ballot vote 211 to 31. (3-20 at 9:44 P. M.)
36
ARTICLE 58. To see if the Town will vote to transfer the sum of $1,428.00 from the Water Well 1962 Account to a Water Well Improvement Account, for the purpose of installing fences around No. 1, No. 2 and No. 3 Well Houses, or take any action relative thereto.
-Board of Water Commissioners
VOTED: By voice majority voted to transfer the sum of $1,428.00 from the Water Well 1962 Account to a Water Well Improvement Account.
ARTICLE 59. To see if the Town will vote to raise and appropriate the sum of $150,000.00 for the purpose of new installations of water service to dwellings or other buildings, and 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 Department to do such work and expend such money and in the event said entire sum is not required for said installa- tions, the unexpended balance shall likewise be credited to estimated receipts, or take any action in relation thereto.
-Board of Water Commissioners VOTED: As amended, to raise and appropriate the sum of $130,000.00 for the purpose of installing new water services to dwellings, provided that the cost of said installations has first been deposited with the Town Treasurer and applied to estimated receipts and to authorize the Water Department to do such work and expend such money and in the event the entire sum is not required for said installations the unexpended balance shall likewise be credited to estimated receipts and that the Board of Water Commissioners be further authorized, after deposit of money for such work, to furnish materials and supplies and to secure contractors to do such work under supervision of the Water Commis- sioners. The amendment above carried on motion by Auditor Berube.
ARTICLE 60. To see if the Town will vote to raise and appropriate or transfer from E & D the sum of $3,495.00 for the purpose of purchasing materials to install an overflow drain from No. 1 and No. 2 reservoirs to Cayuga Road, or take any other action in relation thereto.
-Board of Water Commissioners VOTED: Unanimously to indefinitely postpone Article 60.
ARTICLE 61. To see if the Town will vote to transfer from E & D the sum of $5,000.00 for a survey by a recognized public water system engineer for the purpose of establishing a location for a gravel packed well, said survey to furnish all of the necessary information, estimates of cost, etc., under the supervision of the Board of Water Commissioners, or take any other action in relation thereto. -Board of Water Commissioners
VOTED: Unanimously to transfer from E & D the sum of $5,000.00 for the purposes of Article 61.
ARTICLE 62. To see if the Town will vote to raise and appropriate or transfer from E & D the sum of $8,250.00 for the purpose of replacing 2,750 feet of water service pipes in Chandler Street, or take any action in relation
-Board of Water Commissioners
thereto.
37
VOTED: To raise and appropriate the sum of $8,250.00 to replace water service pipes in Chandler Street upon motion by Mr. C. Carter. Voice vote for indefinite postponement was declared lost.
ARTICLE 63. To see if the Town will vote to raise and appropriate the sum of $500.00 for the removal of snow from fire hydrants, under the super- vision of the Board of Water Commissioners, or take any action in relation
thereto.
-Board of Water Commissioners
VOTED: Unanimously to indefinitely postpone the request for $500.00 for snow removal from fire hydrants.
ARTICLE 64. To see if the Town will vote to raise and appropriate or transfer from E & D the sum of $600.00 or any other sum for the purpose of installing a public water main in Wildwood Road for a distance of approxi- mately 100 feet, and to authorize the Water Department to do such work and expend such money or take any action relative thereto.
-Park Commissioners
VOTED: To raise and appropriate the sum of $600.00 to install water main in Wildwood Road.
ARTICLE 65. To see if the Town will vote to raise and appropriate or transfer from E & D the sum of $3,000.00 or any other sum for the purpose of installing a public water main in Livingston Street for a distance of approximately 500 feet, and to authorize the Water Department to do such work and expend such money or take any action relative thereto.
-Park Commissioners
VOTED: Unanimously to raise and appropriate the sum of $3,000.00 to install a water main in Livingston Street.
ARTICLE 66. To see if the Town will vote to accept Section 20 of Chapter 40A of the General Laws.
SECTION 20: "After acceptance of this section or corresponding pro- visions of earlier laws as provided in section four of chapter four, no appeal or petition under paragraph three of section fifteen for a variance from the terms of such an ordinance or by-law with respect to a particular parcel of land or the building thereon, and no application under paragraph two of section fifteen for a special exception to the terms of any such ordinance or by-law, which has been unfavorably acted upon by the Board of Appeals shall be considered on its merits by said board within two years after the date of such unfavorable action except with the consent of all of the members of the planning board, or of the board of selectmen in a town having no planning board." -Board of Appeals
VOTED: To accept Section 20 of Chapter 40A of the General Laws by secret ballot vote as recorded: 168 yeas, 84 nays. 168 is exactly 2/3.
ARTICLE 67. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $2,000.00 for the purpose of carry- ing out the duties of the Municipal Building Committee as empowered by Article 19 of the 1964 Annual Town Meeting or take any other action relative thereto. -Municipal Building Committee
38
VOTED: To raise and appropriate the sum of $1,500.00 to carry out the duties of the Municipal Building Committee, as amended.
ARTICLE 68. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $24,000 for the purpose of com- pleting the construction and equipping of the new library and to authorize the Municipal Building Committee to expend such sum in accordance with the authority granted under Article 19 of the 1964 Annual Town Meeting and Article 26 of the 1965 Annual Town Meeting or take any other action relative thereto.
-Municipal Building Committee VOTED: As amended, by voice majority to raise and appropriate the sum of $20,000.00 and to transfer a rebate of $1,500.00 received from the Lowell Gas Company to the Municipal Building Committee, library construction account, as moved by Mr. W. Abbott. An amendment pro- posed by Mr. Corliss to insert following the words Municipal Building Committee "with approval of the. Selectmen" was adopted.
(3-20 at 10:19 P. M.).
ARTICLE 69. To see if the Town will vote to authorize the Board of Selectmen to raze the existing fire station upon its vacancy and to level and prepare the site for a parking lot and to raise and appropriate or transfer from available funds the sum of $500 for this purpose or take any other action relative thereto. -Municipal Building Committee
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.