USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1915 > Part 19
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submit to said Board of Survey suitable plans, to be prepared in accordance with such rules and regulations as said Board may prescribe. Upon the receipt of such plans, together with a petition for their approval, said Board shall give a public hearing thereon, after advertising such hearing once a week for two suc- cessive weeks in a newspaper published in said Town, the last advertisement to be at least two days before such hearing, and after such hearing said Board may alter such plans and determine where such street or way shall be located, and the width and grades thereof, and shall so designate on said plans. Said plans shall then be approved and signed by said Board and filed in the office of the Clerk of said Town, who shall attest thereon the date of such filing.
SEC. 3. The Board of Survey shall from time to time cause to be made under its direction plans of such territory or sections of land in said Town as said Board may deem necessary, showing thereon the location of such streets or ways, whether already laid out or not, as said Board shall be of opinion the present or future interests of the public will require in such territory, showing clearly the directions, widths and grades of each street or way, and may employ such assistance and incur such expenses as it may deem necessary therefor, not exceeding the amount of money appropriated by the Town for said purpose. Said Board, before making any such plan, shall give a public hearing as to the loca- tions, directions, widths and grades of streets or ways in the territory to be shown on the plan, after advertising such hearing once a week for two successive weeks in a newspaper published in said Town, the last advertisement to be at least two days before said hearing, and shall after making any such plan give a like notice of hearing thereon, and keep the plan open to the public inspection for one month after the advertisement of such hearing. Such plan thereafter, and after the alterations deemed necessary to said Board have been made thereon, shall be marked as made under the provisions of this act, shall be signed by said Board, and after being so signed shall be filed in the office of the Clerk of said Town, who shall attest thereon the date of such filing.
SEC. 4. The powers of the Board of Selectmen of said Town in regard to highways shall not be abridged by this act in any manner, except as provided in this section, and the powers given
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them in this act shall be in addition to the powers now exercised by them. After the passage of this act no street or way in the Town of Arlington, shown on any plan filed as aforesaid, shall be laid out, located anew, altered or widened, and no such street or way, whether already or hereafter laid out, shall be constructed by any public authority, except in accordance with the provisions of this act. If any person or corporation shall hereafter open for public travel any private way, the location, direction, widths and grades of which have not previously been approved in writing by said Board of Survey, in the manner provided in this act, then neither the Town nor any other public authority shall place any public sewer, drain, water pipe or lamp in, or do any public work of any kind on, such private way so opened to public travel contrary to the provisions of this act: PROVIDED, however, that this provision shall not prevent the laying of a trunk sewer, water or gas main, as engineering demands may require.
SEC. 5. If any building shall hereafter be placed or erected in said Town upon land within the boundaries of any street or way shown on any of the plans filed with the Town Clerk as herein provided, or on land adjacent to any such street or way, the grade of which at the time of placing or erecting such building is other than the grade shown on said plans, or on land adjacent to any street or way, the plan and profile of which have not been approved by said Board of Survey, no damages caused to any building so placed or erected, by the construction of said street or way as shown on said plans, or caused to any building so placed or erected, or to the land upon which said building is placed or erected, by the subsequent change of grade of any street or way the plan of which has not been approved by said Board of Survey, shall be recovered by or paid to the owner of the whole or any part of the estate of which the land upon which said building so placed or erected formed a part, from or by said Town.
SEC. 6. The said Town may from time to time appropriate sums of money to be expended by said Board of Survey for carry- ing out the provisions of this act. No expenditures shall be made in excess of such appropriations.
SEC. 7. This act shall take effect upon its acceptance by a majority vote of the voters of said Town present and voting
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thereon at a Town meeting called for the purpose, or at any annual meeting of said Town. (Approved April 8, 1897.)
2. Petition for estimate of cost of construction. After the approval of plans by the Board the interested parties may on application receive from the Clerk of the Board a blank form of petition requesting the Board to furnish an estimate of the cost of construction of the proposed street. This petition should bear the names of all owners of land abutting on the street to- gether with the signatures of the parties petitioning.
On receipt of this petition the Board will designate the type of construction and direct the Town Engineer to make an estimate of the cost of this construction.
3. Petition for the laying out of streets. A blank form of petition for layout, stating the length, width, type of construction and estimated cost, will then be sent to the petitioner. This petition should also show names of all owners of land abutting and their addresses, together with the signatures of as many as possible of the parties desiring the layout. On receipt of this petition the Board will set a date for a hearing and all interested parties will be notified.
4. Action by the Board at first hearing. After this first hearing, if, in the opinion of the Board, common convenience and necessity require that the street in question be laid out as a public highway, they so vote and further vote that it is the intention of the Board to so lay out. A hearing is then set on the intention of the Board, and all interested parties are notified by warrant served by a Constable of the date of said hearing.
5. Final hearing on intention of the Board to lay out. If after the second hearing the Board are still of the opinion that public convenience and necessity require that said street should be laid out as a public way a vote is passed laying the street out in ac- cordance with the plans approved by the Board and a record is made of the description of the street by meters and bounds.
6. Acceptance by the Town. After the vote by the Board to lay out it is then within the authority of the Board of Selectmen on petition to insert an article in the Town Warrant for the acceptance of the street. No street can be brought before the Town for acceptance until the foregoing rules have been complied with. The Board would remind all persons intending to petition
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for the laying out and acceptance of streets that appropriations for this purpose are only made at the March meeting of each year. The petitions should, therefore, be filed during the early fall months, in order to allow time for hearings before the drawing of the Warrant for the March meeting.
WIDENING OF MASSACHUSETTS AVENUE. Water Street to Central Street.
The Board is pleased to report that this work has been done in accordance with the provisions of the decree issued by the County Commissioners. The amount appropriated by the Town for land damages was $4,500, based upon assessed valuation, while the damages awarded by the County Commissioners amounted to $6,302.70. The Board has been able to adjust (at a slight increase over the Commissioners' figures) all claims but two. If the Board can adjust these claims at the figures awarded, it will require an additional appropriation of $2,000. If the Board is called upon to defend suits in the settlement of these two cases the amount necessary cannot, of course, at this time, be estimated. The Board hope, however, that the parties interested will be willing to accept the award of the Commissioners.
STREET BETTERMENT ASSESSMENTS.
During the year the Board were called upon to levy assess- ments for street betterments on a number of new streets.
The Board has found that this duty is a difficult and at times perplexing one if the interests of the whole Town and the indi- viduals directly interested are to be served with justice and equity to all. In view of the fact that hearings were petitioned for and given to interested parties on some of the streets on which assess- ments were levied, the Board deems it only proper that they should in this report briefly outline the policy of the Board in levying these assessments.
There can be no hard and fast rule governing the assessment of betterments except those established by law and which say "that the Board may assess one-half of the benefit or advantage therefrom beyond the general advantage to all land in the Town, but that such assessment shall not exceed the cost." This Board has been asked to prepare a comparison table showing the amounts
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levied on various streets during the past five years. To do this would be manifestly unfair to the former members of the Board who made the assessments and who were, no doubt, actuated by the same desire to treat all citizens fairly and justly that actuates the present Board. This Board is not familiar with the reasons or the conditions existing at the time previous assess- ments were made.
The personnel of the Board has entirely changed in the last five years, two members being of four years' standing, two of two years, and two of less than one year. From this it will be noted that the policy of one Board need not necessarily be the policy of succeeding Boards.
The policy of this Board is outlined in this report under the heading of "New Streets."
Each street where assessments are levied must be considered separately and distinctly from other streets as the betterment derived must vary in different sections of the Town owing to the great differences in the soil, the type of construction necessary and the number of people served by the acceptance of the street.
In the case of thoroughfares when a great number of people are served the assessments would not be on the same basis as when a street is accepted that accommodates only the people living on that street.
The Board feels sure that a knowledge on the part of petitioners (as in the case of the large number of new streets to be accepted at the March Meeting) of the cost of each street will prove not only far more pleasant for the Board, but much more satisfactory to the petitioners.
GRAY STREET BETTERMENTS.
Before going into this matter it will be well to have in mind the provisions of Section 1, Chapter 50, R. L., which is as follows: "In a town which accepts the provisions of this and the eight following sections or has accepted the corresponding provisions of earlier laws, or in any city, the board of city or town officers which is authorized to lay out ways therein may, at any time within two years after the passage of an order laying out, relocating, altering, widening, grading or discontinuing a way and after the work has been completed or the way has been discontinued, if such
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order declares that such action has been taken under the pro- visions of law authorizing the assessments of betterments, and if in its opinion any land receives a benefit or advantage therefrom beyond the general advantage to all land in the city or town, determine the value of such benefit or advantage to such land and assess upon the same a proportional share of the cost of such laying out, relocation, alteration, widening, grading or discon- tinuance; but no such assessment shall exceed one-half of the amount of such adjudged benefit or advantage."
It will be seen from the foregoing that betterments may be assessed after the street is completed and within two years after the passage of an order by the Joint Board laying out the way, if such order declares the action to have been taken under the provisions of law authorizing the assessment of betterments.
Under the old law Pub. St. Chapter 51, Section 1, "at any time, within two years after the street was laid out" betterments could be levied, and it was held in the case of Janvrin t. Poole, 181 Mass. 463, that the words "laid out" as used in the old Statute meant two years from the date that the street was accepted by the Town. This continued to be the law until 1902, when the Statutes were codified and the old law incorporated in Chapter 50, Section 1, as given above, with the change that the two years should be from the time of the passage of the order of laying out.
Gray Street was laid out by an order of the Joint Board passed March 25, 1911, under the provisions of law authorizing the assessment of betterments. Under the law and in accordance with the Statute the order of layout by the Joint Board must be reported to the Town for acceptance, and at a Town Meeting held November 21, 1911, the Town voted under Article 17, to accept and establish as a public way the extension of Gray Street, so called, from the present end of Gray Street as accepted by the Town in 1897 to Oakland Avenue, as shown on plans approved by the Board of Survey, June 16, 1900, and March 5, 1904, as laid out by the Joint Board of Selectmen and Board of Public Works March 25, 1911, under the provisions of law authorizing the assessments of betterments.
No appropriation for the construction of Gray Street was asked for or made at this meeting. In the report of the Joint Board for the year ending December 31, 1911, the attention of the citizens was directed by the Board to the fact that it would be
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necessary to take action during the coming year (1912) in order to retain the rights the Town then had. (Annual Report, 1911, p. 196.)
No appropriation was asked for at the March Meeting of 1912.
At the November meeting of 1912, Article 18 of the Warrant called for an appropriation for the construction of Gray Street. The Committee of Twenty-one recommended and it was so voted by the Town that the subject matter of the Article be referred to the Committee of Twenty-one and to report to the next Annual Meeting. (Annual Report, p. 177.)
In the report of the Joint Board of 1912 under the heading "Summer Street and Gray Street Extensions" the Board said, "The extension of these two streets is again urged upon the Town as, in the opinion of the Board, the cost of these streets will be more than returned to the Town in the increased value of the land and the certainty of a proper development of some of the best areas of the Town." (P. 404.)
At the adjourned meeting of March, 1913, held March 31,. the sum of $10,000 was appropriated for the construction of Gray Street.
On October 14, 1915, the present Joint Board levied an assess- ment of $4,024.11 based upon the construction of that part of Gray Street which was relocated in November of 1913, the date being within two years from the date of relocation. This assessment was protested by a number of citizens and a hearing was given.
Following the hearing a further investigation revealed the fact that the November, 1913, meeting made no mention of the assess- ment of betterments.
The vote under Article 8, November 1913, was:
"That that part of Gray Street Extension from Robbins Road to Oakland Avenue as accepted by the Town November 20, 1911, and as described on the plan entitled, 'Plan and Profile of Gray Street Extension, Arlington, Mass., showing lines and grades, dated December, 1899, H. S. Adams, C. E.,' and on file in the office of the Town Clerk, be discontinued and abandoned, and that the Joint Board of Selectmen and Board of Public Works be authorized and empowered, in the name and behalf of the Town, to declare the easements and rights of the Town in said land to be abandoned."
Article 9 is as follows:
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"That that part of Gray Street Extension as laid out by the Joint Board of Selectmen and Board of Public Works, acting as a Board of Survey, October 20, 1913, as shown on a plan entitled, 'Plan and Profile of Gray Street Extension Relocation, from Robbins Road to Oakland Avenue, G. E. Ahern, Town Engineer, October 11, 1913,' and on file in the office of the Town Clerk, be accepted."
It, therefore, appearing that this assessment has been levied under a misunderstanding of the facts in the case and it appearing that the assessment was invalid and of no effect, the Board on December 14, 1915, recalled the assessment and ordered all sums previously paid on account of said assessment returned to respective parties in interest.
PERMANENT SIDEWALKS. -
During the year 1915 no appropriation was made for permanent sidewalks, despite the fact that the Board were in receipt of petitions amounting to about $10,000. This does not mean that the Town need appropriate this amount, as the abutters pay a portion. In the opinion of the Board the Town should make an appropriation each year for the construction of permanent sidewalks and sidewalks of a permanent nature should be laid on at least one side of all streets traversed by any considerable number of people. The subject of sidewalks in our Town is becoming an important one and one on which the Town must take some action in the near future. Whether this action should be to include sidewalks (of a permanent nature) in the cost of constructing new streets, whether the Town should bear the whole expense of installing them or whether we continue as at present, the Town paying a portion and the abutters paying the balance, is a question open for discussion with good arguments in favor of each method. The fact remains, however, that a large number of our citizens in all parts of the Town are earnestly requesting the Board for sidewalks, and the Board, realizing that these citizens are entitled to the consideration they seek, recommend that a liberal appropriation be made for the con- struction of permanent sidewalks the coming year.
STREET CAR SERVICE.
On October 2, 1915, the Boston Elevated Railway Company put in operation the "trailer" car system between Harvard Square
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and Arlington Heights. Like all new departures, the system had its advantages as well as its disadvantages. In the opinion of many of our citizens, however, particularly of residents of the east portion of the Town, the advantages were far outweighed by the disadvantages. Numerous complaints were received by the Board and many conferences were held with the officials of the Company relative to the service. The Board desires to state, in justice to the Company, that the officials endeavored at all times to meet the conditions and difficulties confronting them in a manner to best serve the people of Arlington. The rapid growth of our Town, particularly in the east section, has made the trans- portation facilities a most difficult one to handle, particularly during what are termed the "rush hours."
The Board are pleased to state that at the present time no complaints are being received and that the Company is doing all that can be done to accommodate our people. This satis- factory condition has been brought about, too, without curtailing the service to our citizens at the Heights or congesting our streets by having cars standing at the center. With the Medford Hillside cars shifting ends on Medford Street our main thoroughfare is clear at all times and at all points. This is a condition that the Board feels to be of vital importance and should be maintained.
PETITION FOR TRACK CONNECTION AT MASSACHUSETTS AVENUE AND MYSTIC STREET.
On April 13, 1915, a public hearing was given on the petitions of the Boston Elevated Railway Company and the Bay State Street Railway Company for leave to make alterations, relocations, and additions to existing locations of the tracks of the companies at the corner of Massachusetts Avenue and Mystic Street. The hearing was held in the Hearing Room in the Town Hall, and was one of the largest attended hearings ever held in the Town. The Town of Winchester was represented by its Board of Select- men and its Town Counsel. The railway companies were repre- sented by officials and counsel. The subject matter of the petition was very freely discussed by the citizens present and many ques- tions were asked by the officials of the companies. It developed at the hearing that the Public Service Commission had, upon the petition of certain residents of Winchester, issued an order "re- commending that the Boston Elevated Railway Company and
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the Bay State Street Railway Company co-operate in bringing about the rearrangement of service requested by the petitioners." It further developed that no notice of the hearing given by the Commission, at which the foregoing recommendation was made, had ever been received by the Town, or any of its officials. The Town, therefore, was not represented at the hearing given by the Public Service Commission, and the first notice the Town had that a petition had been presented to the Commission, and that a hearing had been given thereon, was the issuance of the order quoted above. No explanation was made as to why notice had not been served on the Town on a matter of such importance to its citizens.
At the hearing of April 13, 1915, the danger to school children, church-goers and the travelling public was very strongly brought out. Objections to the petitions were made by representatives of St. Agnes Church, members of the School Committee, and Engineers of the Fire Department. No citizen of Arlington appeared in favor of the petition. After the hearing was closed the subject matter of the petition was very carefully considered by the Board, and no necessity for the connection having been shown, and in consideration of the danger to school children and the public, the petitioners were given leave to withdraw.
Subsequently, the Public Service Commission, in view of this action by the Board, called for a conference of the Board, the Selectmen of Winchester and the representatives of both com- panies, at the office of the Commission, in Boston, on December 9, 1915. The object of this conference was "for the purpose of determining whether the Selectmen of Arlington (Joint Board) are disposed to approve of any location for a connecting track, between the line of the Bay State Street Railway Company and the line of the Boston Elevated Railway Company, or whether any other action may be taken to make effective the recommenda- tion of the Commission hereinbefore referred to.
This conference was attended by the Board and the Town Counsel. During the conference the Commission was informed by the Board that "they were not opposed to the approval of any location for such a connection, but that they were opposed to a location at the point petitioned for (Massachusetts Avenue and Mystic Street) on account of the many elements of danger." The Commission was further informed that the Board, acting under instructions from the Town, were now preparing a study
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of another outlet from Mystic Street to Massachusetts Avenue, which, when completed, would not only provide a thoroughfare of ample width to properly care for car lines between these points, but would also eliminate the dangerous conditions existing at the head of Mystic Street and the grade crossings at Water and Mill Streets.
STREET LIGHTING.
In 1915 the appropriation for street lighting was $11,516.58. During the year twenty-four (24) new lights have been installed on new streets.
The number of lights in service December 31, 1915, is as follows: 40 candle power, Tungsten incandescent 350
60 candle power, Tungsten incandescent 14
80 candle power, Tungsten incandescent 5
100 candle power, Tungsten incandescent
2
600 candle power, Tungsten incandescent
79
100 candle power, Mazda (all night) .
7
457
ORNAMENTAL STREET LIGHTS.
Thirty-four 60 watt 56 candle power Mazda incandescent until 12 midnight.
Five 60 watt 56 candle power Mazda incandescent all night. Four 100 watt 98 candle power Mazda incandescent all night.
During the year the Edison Company, at no expense to the Town, replaced all arc lights of the 425 watt 325 candle power type with 400 watt 600 candle power Tungsten incandescent lamps. This change has made a great improvement in our lighting system, the new lights giving almost twice as much light as the old style arc lights. With the large number of new streets to be accepted the coming year about the same number of new lights will be necessary. There is a feeling among the citizens in various parts of the Town that our street lights should be on the all-night schedule, viz .: one hour after sunset until one hour before sunrise. To do this will' necessitate an additional appropriation of about $2400.
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