Town of Tewksbury annual report 1963-1967, Part 56

Author: Tewksbury (Mass.)
Publication date: 1963
Publisher: Tewksbury (Mass.)
Number of Pages: 956

USA > Massachusetts > Middlesex County > Tewksbury > Town of Tewksbury annual report 1963-1967 > Part 56

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VOTED: To accept the offer of Nicola Carbone for a Town lot as described in this Article on motion by Mr. W. Bullen. The move for indefinite postponement did not carry.

ARTICLE 107. To see if the Town will vote to amend the Zoning By-Laws of the Town of Tewksbury, so as to extend the area presently zoned Indus- trial to include the following described area presently zoned General Residence and Farming to wit; A certain parcel of land, being triangular in form and consisting of 13.2 acres, more or less and being a portion of lot 1 on a plan entitled "Plan of Land in Tewksbury, Massachusetts, belonging to George E. Gray and recorded, July 3, 1959 at Middlesex North District Registry of Deeds, Book of Plan 91 Plan 104, said portion of lot 1 is also shown as area "A" on a plan entitled "Compiled Plan of Land in Tewksbury, Massachusetts for Proposed Zoning Extension" dated January 11,. 1967, said plan to be recorded at said Registry of Deeds, and further bounded and described as follows:

SOUTHERLY by area B, as shown on said plan, 1600 feet more or less;

NORTHERLY by land of New England Power and Service Company, as shown on said plan 860 feet, more or less; and

NORTHEASTERLY by Regis Estates as shown on said plan, 1335 feet more or less. -Carole Development Corporation

VOTED: To indefinitely postpone this amendment to the Zoning By-Laws on the basis of a recorded vote of 164 in favor and 1 opposed. An amend- ment to the Article, moved by Mr. Paczkowski, was lost on voice vote but is here quoted: 'After the words "as follows" delete the remains of the Article and in its place insert: Beginning at a point at the North- westerly corner of Area B as shown on said plan; Thence running north-

westerly along land of New England Power and Service Company 820.0 feet more or less to a point 40 feet distant from Regis Estates; Thence turning and running Southeasterly 1295.0 feet more or less to a point; thence turning and running Northwesterly 1560.0 feet more or less to the point of beginning."

ARTICLE 108. To see if the Town will vote to establish a new zoning district by amending the zoning by-law and map by adding the following Section 9A:

Apartment House District

1. Multi-family buildings or apartment houses shall be permitted in this district provided the plans submitted to the Building Inspector comply with all Federal and State Building Codes and the Rules and Regula- tions of the Department of Public Safety and all other provisions of the zoning by-law. -Chester C. Sullivan and others

VOTED: To indefinitely postpone the establishment of a new zoning district for apartment houses under the present Zoning By-Laws by a rising vote of 137 yeas and 6 nays. Motion by Mr C. Sullivan to refer the Article back to the Planning Board and report back to next meeting was defeated on voice vote. The question was moved by the assembly.

ARTICLE 109. To see if the Town will vote to amend the zoning by-law and map by changing the classifications of the following parcel of land from a General Residence District to an Apartment House district:

To wit: The land in Tewksbury being shown on a plan entitled, "Plan of Land in Tewksbury, Mass., compiled for Quality Homes, Inc., Scale: 1"= 80', Sept. 14, 1965, Dana F. Perkins & Sons, Inc., Civil Engineers & Surveyors, Lowell, Mass." and being bounded and described as follows: SOUTHWESTERLY by Hill Street, as shown on said plan, 92 feet, more or less, according to said plan;

SOUTHEASTERLY by land now or formerly of Gillis, as shown on said plan, 107 feet;

SOUTHERLY by land now or formerly of Gillis, as shown on said plan, 150 feet;

WESTERLY by land now or formerly of Gillis, as shown on said plan, 168 feet;

SOUTHWESTERLY by Hill Street, as shown on said plan, 25 feet;

SOUTHEASTERLY by land now or formerly of Leonard, as shown on said plan, 100 feet;

SOUTHWESTERLY by land now or formerly of Leonard, land now or formerly of Grabau, land now or formerly of Dias, as shown on said plan, 300 feet;

SOUTHEASTERLY by land now or formerly of Anderson, as shown on said plan, 100 feet;

SOUTHWESTERLY by land now or formerly of Anderson, Lucas and Bartashy, as shown on said plan, 400 feet;

WESTERLY by land now or formerly of Bartashy, as shown on said plan, 100 feet;

SOUTHWESTERLY by land now or formerly of Harvey, MacDonald, Niven, Follett, as shown on said plan, 400 feet;

SOUTHERLY by land now or formerly of Akeley and Tanner, as shown on said plan, 180.08 feet;

SOUTHEASTERLY by land now or formerly of Cuneo, as shown on said plan, 100 feet;

SOUTHERLY by land now or formerly of Cuneo, as shown on said plan, 132.80 feet;

EASTERLY by South Street, as shown on said plan, 45 feet;

NORTHEASTERLY by land now or formerly of Palma, as shown on said plan, 264 feet;

EASTERLY by land now or formerly of Palma and Sarsfield, as shown on said plan, 165 feet and 215 feet respectively;

NORTHEASTERLY by land now or formerly of Edward A. O'Neill, as shown on said plan, 343.42 feet;

NORTHERLY in various courses following a ditch by land now or formerly of Edward A. O'Neill, as shown on said plan, 681.75 feet;

EASTERLY by land now or formerly of Edward A. O'Neill, as shown on said plan, 107 feet, more or less;

NORTHERLY by land now or formerly of Mary and Edward Schanzer, as shown on said plan, and the Shawsheen River as shown on said plan, 390 feet, more or less, according to said plan;

SOUTHWESTERLY by land now or formerly of Knights of Columbus, as shown on said plan, 200 feet, more or less; and

NORTHWESTERLY by land now or formerly of Knights of Columbus, as shown on said plan, 84.99 feet to the point of beginning.

Containing 12.5 acres, more or less, according to said plan.

-Chester C. Sullivan and others

VOTED: To indefinitely postpone amending the present Zoning By-Laws to include an Apartment District as described by the Article on a standing vote of 98 to 28. 84 votes were necessary. The move by Mr. C. Sullivan to refer the purpose of the Article back to the Planning Board and report on same at the next meeting was not carried with 63 in favor and 88 opposed. The previous question was lost 70 to 71.

ARTICLE 110. To see if the Town will vote to amend the existing Zoning By-Laws or to take any other action necessary to allow the construc- tion and use of multiple dwelling structures on a certain tract of land in Tewksbury owned by Armando DeCarolis, Jr. and described as follows:

A certain tract of land situated on the Westerly side of Main Street in said Tewksbury, and shown as Lot B-3 on a plan of land entitled, Subdivision

of Lot B-4 in Tewksbury, Massachusetts, and recorded at Middlesex North District Registry of Deeds, Book of plans 99, Plan 132, and references hereby made for a more specific description.

-Armando DeCarolis Jr. and others

VOTED: To indefinitely postpone Article 110 which called for amending the Zoning By-Laws for a certain tract of land to permit multiple dwellings by a rising vote of 98 yeas, 7 nays. The motion for the previous question had won the approval of the assembly prior to the vote on the issue.

Following the adoption of Article 2 the 1967 Annual Town Meeting was adjourned sine die at 11:20 P. M. on March 27, 1967.

I hereby certify that the foregoing is a true and correct statement of the funds appropriated and the action taken upon the Articles of the the 1967 Annual Town Meeting Warrant.

Attest: JOHN E HEDSTROM Town Clerk

SPECIAL TOWN MEETING - SEPTEMBER 25, 1967

Tewksbury Memorial High School

Quorum 337

September 25, 1967

The Special Town Meeting was called to order at the appointed time of 8:30 P. M. by Moderator Alan M. Qua. A quorum count indicated 387 voters were present at the call. All first motions were made by Mr. Brown of Finance unless otherwise specified.

ARTICLE 1. To see if the Town will vote to raise and appropriate, or to appropriate and transfor, or to appropriate and borrow under the provisions of Chapter 27 of the Acts of the General Court of 1966, subject to the appro- val of the selectmen and the emergency Finance Board established by Sec- tion I of Chapter 49 of the Acts of the General Court of 1933, the sum of seventy-five thousand ($75,000.00) dollars for the Charities Operating Ac- count of the Board of Public Welfare, or take any other action relative thereto. -Board of Public Welfare

VOTED: That the sum of seventy-five thousand ($75,000.00) dollars be appropiated for Public Welfare to the Charities Operating Account; that to meet such appropriation the Treasurer, with the approval of the Selectmen and the Emergency Finance Board established under Section I of Chapter 49 of the Acts 1933, be and hereby is authorized to borrow the sum of seventy-five thousand ($75,000.00) dollars by the issuance of bonds or notes therefore in that aggregate principal amount under authority of and in accordance with the provisions of Chapter 27 of the Massachusetts Acts of 1966 and subject to the applicable provisions of Chapter 44 of the General Laws. The foregoing vote as proposed and moved by Mr. K. Sullivan required two-thirds to prevail. On the rising vote called for by the Moderator 381 voters were recorded in favor and 4 opposed. (9-25 at 8:39 P. M.)

ARTICLE 2: To see if the Town will vote to raise and appropriate the sum of One Million Nine Hundred Sixty-Nine Thousand Four Hundred Twenty- Five ($1,969,425.00) dollars or any greater or lesser sum for the purposes of constructing, originally equipping and furnishing an elementary school building and facilities therefor on land previously acquired on the southerly side of Andover Street; to determine whether the money shall be provided by appropriation from available funds in the treasury, by taxation, by bor- rowing, or otherwise, or to take any other action in relation thereto.

-Elementary School Building Committee

VOTED: That the Town appropriate the sum of $1,970,000 for the purpose of constructing, originally equipping and furnishing an elementary school building and facilities therefor on land previously acquired on the southerly side of Andover Street; that to meet the foregoing ap- propriation, the Town Treasurer with the approval of the Selectmen is hereby authorized to borrow said sum of $1,970,000 at one time or from time to time under and pursuant to Chapter 645 of the Acts of 1948 as amended and to issue bonds or notes of the Town therefor, each is-

sue of such bonds or notes to be payable in not more than twenty (20) years from its date; and that the Elementary School Building Committee is hereby authorized to enter into contracts and agreements and take such other action as may be necessary to carry out the aforesaid project.

The foregoing vote on Article 2, directed and originally moved by Mr. D. Merrill, was adopted as amended by a secret ballot recorded as 354 to 113, with affirmative yeas exceeding the required two-thirds by 42 votes. These proceedings followed unanimous approval of the pre- vious question, and action by the assembled to reconsider Article 2. The secret ballots cast indicated 364 in favor of reconsideration and 124 opposed. At this moment 325 affirmatives were necessary. Moved by Mr. K. Sullivan, the question was reconsidered after due notice and the vote to adopt as amended had failed by 26 votes (324 to 201). The motion by Mr. Goldstein to indefinitely postpone lost. The vote was canvassed and recorded 320 to 223. The assembly had favored the previous ques- tion unanimously, as moved by Mr. F. Achin. (9-25 at 11:25 P. M.)

ARTICLE 3: To see if the Town will vote to authorize the Selectmen to appoint a special committee of nine members to further study and make recomendations on the Livingston Street recreation area, and report back at the next Annual Town Meeting, or to take any other action relative thereto. -Board of Selectmen VOTED: As amended, a five (5) man advisory committee made up of Frank Antonelli, Charles Goldstein, Donald Nickerson, Edward Pelletier, and James Sullivan to assist the park commission in further study and make recommendations on the Livingston Street Recreation Area, and to report back at the next Annual Town Meeting. The amendment, moved by Mr. F. Antonelli, carried on voice majority as did the main motion. A move to adopt as written by Mr. K. Sullivan did not reach the as- sembly. (9-25 at 11:30 P. M.)

ARTICLE 4: To see if the Town will vote to raise or transfer from E & D the sum of $38.11, to be used by the Patriotic Activities Committee, for additional expenses incurred in their operation.

-Patriotic Activities Committee VOTED: To transfer the sum of $38.11 from the E & D Account for the purposes of Article 4 (9-25 at 11:31 P. M.)

ARTICLE 5: To see if the Town will vote to authorize the Board of Select- men to apply for Federal funds and to expend the same for preliminary surveys, plans and reports with estimates of cost of a sewerage system in all its various phases in the portion of Town known as North Tewksbury and indicated on a plan on file in the Town Clerk's Office, with the under- standing that the Town will reimburse the Federal government for that part of the cost of the surveys allocated to a particular sewer project, if and when that particular sewer project is subsequently voted by the Town, or take any other action thereon. -Board of Selectmen

VOTED: As amended, to authorize the Planning Board to apply for Federal funds and to expand the same for preliminary surveys, plans and reports

with estimates of cost of a sewage system in all its various phases in all portions of the Town other than that area known as South Tewks bury with the understanding that the Town will reimburse the Federal government for that part of the cost of the surveys allocated to a part- icular sewer project if and when that particular sewer project is sub- sequently voted by the Town. The amendment finally proposed and moved by Mr. E. Mclaughlin was declared carried by the Moderator. The adoption of Article 5 as amended was unanimous as no dissents were heard. An earlier amendment 'to include West Tewksbury' moved by Mr. K. Sullivan was lost on voice vote. The issue reached a vote by the assembly as the move for the previous question was accepted unanimously. (9-26 at 12:10 A. M.)

ARTICLE 6: To see if the Town will vote to raise or transfer from E & D the sum of $3,000 for the Selectmen's Operating Account; or take any other action relative thereto. -Board of Selectmen

VOTED: To transfer the sum of $3,000.00 from the E & D Account for the Selectmen's Expense Account. (9-26 at 12:11 A. M.)

ARTICLE 7: To see if the Town will vote to transfer and appropriate $15,000.00 for the Department of Veteran's Services to carry out Chapter No. 115 of the Massachusetts General Laws, for the balance of fiscal 1967. -Board of Selectmen

VOTED: That the sum of Fifteen thousand ($15,000.00) dollars be appro- priated for Veterans' Benefits to the Veterans' Benefits Account; that to meet such appropriation the Treasurer, with the approval of the Selectmen and the Emergency Finance Board established under Section I of Chapter 49 of the Acts of 1933, be and hereby is authorized to bor- row the sum of Fifteen thousand ($15,000.00) dollars by the issuance of bonds or notes therefore in that aggregate principal amount under au- thority of and in accordance with the provisions of Chapter 27 of the Massachusetts Acts of 1966 and subject to the applicable provisions of Chapter 44 of the General Laws. Directed and moved by Mr. Brown of Finance the above recorded vote carried unanimously when put to the assembly by the Moderator. (9-26 at 12:12 A. M.)

ARTICLE 8: To see if the Town will transfer from E & D the sum of $1,162.48 to reimburse the County of Middlesex for land damage payments made to the Society of Oblate Fathers and Kenneth R. Cole, et als in connec- tion with the relocation and repairs of Chandler Street or take any action relative thereto. -Board of Selectmen

VOTED: As amended by Finance, to raise and appropriate the sum of $1,162.48 for the purposes of Article 8. Voice majority, no dissents. 9-26 at 12:13 A. M.)

ARTICLE 9: To see if the Town will vote to transfer from E & D the sum of $10,430.57 for the purpose of satisfying the judgment handed down July 17, 1967 in Middlesex Superior Court as the result of a land damage claim filed by Richard L. Allen and others against the Town of Tewksbury or take any action relative thereto.

-Board of Selectmen

VOTED: As amended, on motion by Mr. Brown of Finance, to raise and appropriate the sum of $10,642.92 to satisfy the total amount of the judgment outlined in Article 9. Voice majority, no dissents. (9-26 at 12:14 A. M.)

ARTICLE 10: To see if the Town will vote to appropriate and transfer from E & D the sum of $15,000 to be used to replace the condemned Bridge Street Bridge, said sum to be expended by the Highway Department, or take any other action relative thereto. -Board of Road Commissioners VOTED: As amended, to transfer the sum of $5,000.00 from E & D to repair the condemned Bridge Street bridge under the jurisdiction of the high- way department immediately, as moved by Mr. P. McAskill. The two votes required carried on voice majority. Finance recommendation for an expenditure of $9,500 from E & D and to raise and appropriate $7,049.40 for this purpose and an amendment by Mr. Kaufman for $40,000.00 from E & D did not reach a vote. (9-26 at 12:34 A. M.)

ARTICLE 11: To see if the Town will vote to raise and appropriate the sum of $10,000.00 for the purpose of Snow & Ice Control, or take any other action in relation thereto. -Board of Road Commissioners

VOTED: To indefinitely postpone Article 11 by voice unanimously. (9-26 at 12:35 A. M.)

ARTICLE 12: To see if the Town will vote to appropriate and transfer from E & D the sum of $6,930.00 to be used to correct the drainage situation on Westland Drive, said sum to be expended by the Board of Health, or take any other action relative thereto. -- Board of Health

VOTED: As amended, to transfer the sum of $6,930.00 from the E & D Account for the purposes of Article 12 and that the Town Counsel, thru the Board of Selectmen, be directed to institute action to determine the feasibility of recovery in whole or in part any monies expended under the conditions of this Article from parties or persons who may be deemed responsible, in whole or in part, for said conditions in the West- land Drive area. The foregoing amendment moved by Mr. F. Corliss carried by voice majority. This issue was reached for consideration by the assembled at this time as the move by Mr. Beaudette to lay Articles 10 and 11 on the table received unanimous approval. (9-26 at 12:20 A. M.)

ARTICLE 13 To see if the Town will vote to raise and appropriate or transfer from E & D the sum of $2,500.00, for the purpose of relocating water pipes in Bridge Street, and to authorize the Water Department to do such work and expend such money, or take any action in relation thereto. -Board of Water Commissioners VOTED: Unanimously to indefinitely postpone Article 13. (9-26 at 12:35 A. M.

ARTICLE 14: To see if the Town will vote to effect the following changes in the present sign by-law (Section 20-Zoning By-Law):

SECTION 20 - SIGN BY-LAW

SIGNS

1. Section 1 - Definitions

(by deleting Section 1 in its entirety - substitute:)

1. Definitions

For the purpose of this By-Law, the following words and terms used here- in are hereby defined or the meaning thereof is explained or limited:

Accessory Sign: Any billboard, sign or other advertising device that adver- tizes, calls attention to, or indicates the person occupying the premises on which the sign is erected or the business transacted thereon, or advertises the property itself or any part therof as for sale or to let, and which contains no other advertising matter.

Board of Appeals: The Board of Appeals established or operating in the Town of Tewksbury under the Zoning Enabling Act, or any amendment thereof, or addition thereto.

Building Inspector: The Building Inspector appointed under the provisions of the Building By-Law of the Town of Tewksbury as now or hereafter in force and effect.

Business Area: Any area included within a district zoned primarily for business or commercial purposes under the Zoning By-Law. It does not include any area within a district zoned for residential purposes under said Zoning By-Law, as hereinafter defined regardless of whether the area is being lawfully used or is available for such use through a special permit or a variance granted by the Board of Appeals or through a non-conforming use or by any other means.

Erected: The word "erected" shall include the words attached, built, con- structed, reconstructed, altered, enlarged and moved.

Non-Accessory Sign: Any billboard, sign or other advertising device that does not come within the foregoing definition of an accessory sign.

Parking Area: A public parking area or a private parking area that is open to the parking of motor vehicles by customers of the store.

Person: The word "person" shall include one or more individuals, a partnership, an association and a corporation.

Residential Area: A residential area is any area situated within a district zoned primarily for residential purposes under the Zoning By-Laws.

Sign: The word "sign" shall include any letter, word, symbol, drawing, picture, design, device, article and object that advertises, calls attention to or indicates any premises, person or activity, whatever the nature of the material and manner of composition or construction.

Size: In applying the maximum height and width limitations prescribed in this By-Law for signs any intermediary removable surface to which the sign is affixed shall be deemed a part of the sign.

Standing Sign: The term, "standing" shall include any and every sign erected on or affixed to the land and any and every exterior sign that is not attached to a building.

Store: A "store" shall include any establishment, office or place of business. Street: Any public way or a private way that is legally open to public use.

Zoning By-Law: The Zoning By-Law of the Town of Tewksbury as from time to time in force and effect.

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.

2. General Regulations

Paragraph:

(a) By deleting sub-paragraph 1 and substituting:

1. Temporary signs, including paper or cardboard signs, advertising the sale of specific products to the general public shall be permitted in Busi- ness or Industrial Districts. They may be mounted in store windows, pro- vided that no more than 30 per cent of the area of the windows shall be covered. Such signs shall be removed promptly when the sale or infor- mation they contain is out of date or otherwise no longer relevant.

(b) By adding sub-paragraph (3) as follows:

3. Political signs, including paper or carboard signs, advertising specific political candidates, events, or issues shall be permitted throughout the town. They shall be of a "Standing Sign" nature only. They shall not be illuminated, or erected on any building, tree, pole or other permanent object. Free "Standing Signs" shall be erected on private property only, at a distance of at least five feet from the residence or store of the person granting written permission for erection and shall be located a minimum of five (5) feet from the property line. Political signs shall be removed within two (2) days after the information they contain is out of date or otherwise is no longer relevant, such removal to be the responsibility of the person who is the owner on record of the property upon which these sings are located. No political signs shall exceed eight (8) square feet in size.

(d) By redesignating sub-paragraph (f) as new sub-paragraph (e).

3. Permitted Signs

(a) Residence Districts:

(a) By deleting sub-paragraph (4) in its entirety

(b) By redesignating sub-paragraph (5) as new sub-paragraph (4)

(b) Shopping Center Districts:

(a) By deleting paragraph (b) in its entirety - substitute new paragraph

(b) as follows:

(b) Business District:

(1) Accessory Signs.

a. In business areas accessory signs that comply with provisions hereinafter set forth are permitted. All other accessory signs are expressly prohibited.

b. Location. The sign shall be affixed to a building, except as hereinafter 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 build- ing. 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 high- est line of such roof, then the sign may reach but may not project above the top of the parapet wall.

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Town of Tewksbury annual report 1963-1967, Part 56

Author: Tewksbury (Mass.) Publication date: 1963 Publisher: Tewksbury (Mass.) Number of Pages: 956

Author: Tewksbury (Mass.)
Publication date: 1963
Publisher: Tewksbury (Mass.)
Number of Pages: 956