USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1924 > Part 9
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Section 19. Appeals.
A. Any person aggrieved by the refusal of a per- mit under the provisions of Section 18 may appeal to
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the Selectmen or to the Board of Appeals, if any, by filing with the said Inspector and the Selectmen, or such Board of Appeals, a claim of appeal in writing within ten days from the date of the action of the said Inspector appealed from.
B. Any owner of real estate mentioned or described in Paragraph C of Section 18 hereof and any other owner of real estate in the immediate neigh- borhood of property to which any such permit may relate, who, or whose property, is or may be injuriously affected by the granting of any such permit, as to health, safety or morals, may appeal to the Selectmen, or such Board of Appeals, by filing with the Inspector and the Selectmen, or such Board of Appeals, a claim of appeal in writing within ten days from the date of the action appealed from.
Within ten days from the date of the filing of a claim of appeal as provided in Paragraphs A and B of this Section, the Selectmen, or such Board of Appeals, shall hold a public hearing thereon. The appellant shall file in advance of the hearing such plans and information as the Selectmen, or such Board of Ap- peals, shall deem necessary, and give notice of the hearing by causing a notice thereof to be posted in a conspicuous location upon the property in respect to which the appeal is claimed, and by causing notices thereof to be delivered in hand to, or at the last and usual places of abode of, or by mailing to the last known addresses of, all owners of real estate to whom notices are required to be given in Paragraph C of Section 18, and to such other persons as the Select- men, or such Board of Appeals, may require, and shall, if so required by the Selectmen or such Board of Appeals, at his expense publish a copy of the notice at least once in a newspaper published in the town.
The Selectmen, or such Board of Appeals, may approve, refuse or revoke the permit or affirm or reverse in whole or in part, or modify the permit,
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order, requirement, ruling or decision appealed from so that the same shall conform to the provisions of this by-law.
Section 20. Enforcement.
A. Whoever violates any provision of this by-law, or any of the lawful provisions of a permit issued by the Inspector of Buildings, or of any permission granted by the Selectmen, or such Board of Appeals, or of any decision rendered by or order of the Select- men or any officer or such Board of Appeals, shall be liable to a fine of not more than twenty dollars for each violation.
B. If the Inspector of Buildings shall be in- formed, or have reason to believe, that any provision of this by-law has been, is being or may be violated, he shall make or cause to be made an investigation of the facts and inspect the property where the violation may exist, and if he shall find any such violation he shall give notice thereof in writing to the owner or to his duly authorized agent and to the occupant of the premises, and order that any use of any building contrary to the provisions of this by-law shall im- mediately cease.
If after such notice the building is continued in such use contrary to the provisions of this by-law, or if any such owner or occupant shall fail to obey any lawful order of the Inspector in respect to any violation or use contrary to the provisions of this by-law, the Inspector may revoke the permit for oc- cupation of the premises, and shall make complaint for such violation to a court having jurisdiction thereof, or apply to the Superior Court for an injunction or order restraining the further use of the premises, or both, and shall do all further acts and take any and all such action as may be necessary to enforce the provisions of this by-law.
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Section 21. Definition.
Wherever used in this by-law, the words "build- ing" and "buildings" shall be held to include respec- tively "structure" and "structures," if the context permits such meaning and if such inclusion would not affect the validity of this by-law or of the section, paragraph or provision in which the word is used.
Section 22. Amendment and Repeal.
This by-law, including the Zoning map and the boundary lines of the districts thereon, shall not be amended or repealed except after public notice of the proposed amendment or repeal shall have been given by publication in a newspaper published in the town, or by posting in at least ten public places in the town, including one such place in every precinct, and in no case except by a two-thirds vote of a Town Meeting held for the purpose.
Every petition for the amendment, modification or repeal of this by-law, including the Zoning map and the boundary lines of the districts thereon, and every article in the Warrant for any Town Meeting relating to any such amendment, modification or re- peal, shall by the service of such Warrant upon any member of the Planning Board be held to have been referred to the Planning Board for consideration, and report at such meeting. Upon the receipt of any such petition or article in a Warrant, the Planning Board shall hold a public hearing, public notice of which shall have been given, and shall thereafter report thereon with its recommendations to the Town Meeting.
No action shall be taken under any such Article unless the report of the Planning Board shall have been made thereon, provided that if the Planning Board shall not make a report upon any such article at any meeting called for the purpose of acting thereon, action may be taken thereon, without such
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report, at an adjourned session of the meeting, to be held not less than seven days thereafter.
Section 23. Existing By-Laws Not Repealed.
Nothing contained in this by-law shall be con- strued as repealing or modifying any existing by-law or regulation of the town, but shall be in addition thereto, provided that, wherever this by-law imposes greater restrictions upon the construction or use of buildings than other by-laws or provisions of law, such greater restrictions shall prevail.
Section 24. Invalidity.
The invalidity of any section, paragraph or pro- vision of this by-law, or of any district or part thereof as shown upon the Zoning map, or of any boundary line shown upon said map, shall not affect the validity of any other section, paragraph or provision of this by-law, or of any other district or part thereof as shown upon the Zoning map, or of any other such boundary line.
Arlington, May 15, 1924.
Pursuant to the vote of adjourment on May 6, 1924, the Town Meeting Members met in the Town Hall on Thursday evening, May 15, 1924, notices having been sent by mail by the Town Clerk to the Town Meeting Members seven days at least before the meeting. Notices were published in the local papers and posted at three places in each precinct.
Lists of the duly qualified Town Meeting Members were used at the entrances of the meeting place and were in charge of James F. Higgins and Philip T. Robin- son.
The Check Lists filed with the Town Clerk at the close of the meeting showed that one hundred and thirty- nine members attended the meeting.
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The meeting was called to order at eight o'clock by the Moderator, John G. Brackett.
Article 38 taken up.
On motion of Paul M. White:
Voted: That the report of the Committee on Zon- ing be received.
On motion of Nelson B. Crosby :
Voted: That Sections 2 to 24 both inclusive be taken up in the order in which they appear in the printed report.
Section 2 taken up.
On motion of Paul M. White:
Voted: That Section 2-(B)-7 be amended to be as follows: Such accessory purposes as are customary or usual in connection with any of the foregoing purposes numbered 1 to 6 both inclusive, and are incidental there- to, including a private garage and a private stable.
On motion of Herbert M. Dutcher:
Voted (By a rising vote, seventy-three being in favor and thirty-three in opposition) : That Section 2 be amended to read as follows: Section 2 Single Resi- dence Districts. In the single residence districts, no new building or part thereof shall be constructed or used and no building or part thereof shall be altered, en- larged, reconstructed and or used, for.
Section 3 taken up.
Voted: That Section 3 be adopted as set forth in the Report of the Committee on Zoning.
Section 4 taken up.
Voted: That Section 4 be adopted as set forth in the Report of the Committee on Zoning.
Section 5 taken up.
On motion of Paul M. White:
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Voted: That a comma be added in Section 5 reading as follows: Section 5 Business Districts. In the busi- ness districts, no new building or part thereof shall be constructed or used and no building or part thereof shall be altered, enlarged, reconstructed or used, for any pur- pose except one or more of the following:
Section 6 taken up.
Voted: That Section 6 be adopted as set forth in the Report of the Committee on Zoning.
Section 7 taken up.
Voted: That Section 7 be adopted as set forth in the Report of the Committee on Zoning.
Section 8 taken up.
Voted: That Section 8 be adopted as set forth in the Report of the Committee on Zoning.
Section 9 taken up.
Voted: That Section 9 be adopted as set forth in the Report of the Committee on Zoning.
Section 10 taken up.
Voted: That Section 10 be adopted as set forth in the Report of the Committee on Zoning.
Section 11 taken up.
On motion of G. Bertram Washburn:
Voted (On rising vote, sixty-two being in favor and forty-eight in opposition) : That Section 11-A be amended to read as follows: A. In the single residence districts, no building or buildings on any one lot, in- cluding garages, stables and other accessory buildings, shall be constructed, altered, enlarged, reconstructed or moved, so as to occupy at the level of the first story ex- clusive of uncovered steps more than forty per cent of the area of the lot, provided, however, that this restric- tion shall not prohibit the erection of a private garage
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for not more than two cars which is accessory to and used with a building existing when this by-law takes effect and used as a residence for a single family.
Section 12 taken up.
On motion of G. Bertram Washburn:
Voted: That Section 12-A be amended to read as follows :
A. In the general residence districts, no building or buildings on any one lot, including garages, stables and other accessory buildings, shall be constructed, altered, enlarged, reconstructed or moved, so as to occupy at the level of the first story exclusive of uncovered steps more than fifty per cent. of the area of the lot, pro- vided, however, that this restriction shall not prohibit the erection of a private garage for not more than two cars which is accessory to and used with a building ex- isting when this by-law takes effect and used as a residence.
On motion of Paul M. White :
Voted: That comma in Section 12-B be taken out so that same will read as follows: B. No part of any building, except uncovered steps, shall be constructed, altered, enlarged, reconstructed or moved, so as to be less than ten feet from any street line, or less than five feet from the line of any adjoining lot except in the case of a party wall of a double, semi-detached or group house, or less than ten feet from any other building on the same lot, except as otherwise provided in this Section.
Section 13 taken up.
Voted: That Section 13 be adopted as set forth in the Report of the Committee on Zoning.
Section 14 taken up.
Voted: That Section 14 be adopted as set forth in the Report of the Committee on Zoning.
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Section 15 taken up.
On motion of Paul M. White:
Voted: That Section 15-5 be amended to read as follows: 5. Whenever any uncertainty exists as to the exact location of a boundary line, the location of such line shall be determined by the Inspector of Buildings, provided, however, that any person aggrieved by his decision may appeal to the Selectmen or Board of Appeal, as provided in Section 19.
Section 16 taken up.
On motion of Earl A. Ryder :
Voted: That Section 16-first paragraph be amen- ded to read as follows: Any person or persons desiring to obtain the permission of the Selectmen for any pur- pose for which such permission is required under the provisions of this by-law, shall make application in writing therefor to the Selectmen, who shall within thirty days hold a public hearing thereon, fourteen days' public notice of which shall be given at the expense of the applicant.
On motion of Paul M. White:
Voted: That Section 16-A and 16-B be amended to read as follows:
A. If permission is sought to use a building for a use accessory, incidental to or usual in connection with a purpose permitted by any section of this by-law, whether such use is in fact accessory, incidental to or usual in connection therewith.
B. Whether the use of a building, for the purpose for which permission is sought, is or would be in violation of the provisions of Section 17.
Section 17 taken up.
Voted: That Section 17 be adopted as set forth in the Report of the Committee on Zoning.
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Section 18 taken up.
Voted: That Section 18 be adopted as set forth in the Report of the Committee on Zoning.
Section 19 taken up.
Voted: That Section 19 be adopted as set forth in the Report of the Committee on Zoning.
Section 20 taken up.
Voted: That Section 20 be adopted as set forth in the Report of the Committee on Zoning.
Section 21 taken up.
Voted: That Section 21 be adopted as set forth in the Report of the Committee on Zoning.
Section 22 taken up.
Voted: That Section 22 be adopted as set forth in the Report of the Committee on Zoning.
Section 23 taken up.
Voted: That Section 23 be adopted as set forth in the Report of the Committee on Zoning.
Section 24 taken up.
Voted: That Section 24 be adopted as set forth in the Report of the Committee on Zoning.
Section 1 taken up.
On motion of Clarence A. Moore:
Voted: That the lines as shown upon the plan sub- mitted by the Zoning Committee be modified by including in the single residence area the area westerly from Gloucester street, Albemarle street, and the line of these streets projected to connect with Howard street: and westerly from Howard street to its point of contact with property of the town of Arlington included in the lot upon which is located the Junior High School West; thence following the easterly and northerly boundaries of
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said lot to a point 100 feet from the northerly boundary line of Elmore street. Thence following the line as shown on the plan entitled "Town of Arlington, Massa- chusetts, Zoning Map, March 1924."
On motion of Elliott R. Barker.
Voted: That both sides of Lombard Road between Pleasant street and Lombard Terrace and that part of Lombard Terrace between Lombard Road and Wellington street be included in the area restricted to single resi- dences.
On motion of Peter F. O'Neill :
Voted: That the district between Allen street and Rawson road one hundred feet deep running parallel with Broadway be included in the business zone.
On motion of Warren A. Peirce :
Voted: (By a rising vote, seventy-two voting in favor and twenty-seven in opposition) : That the sec- tion bordering on Massachusetts avenue from Academy street to a point opposite Schouler court on the southerly side and from Court street to the High School lot on the northerly side be changed from a business district to a single residence district.
On motion of Jacob Bitzer:
Voted: That the section located between Beck road and the railroad track and from Forest street to lane running from Forest street to Overlook road be changed from a general residence district to industrial district.
On motion of F. Alfred Patterson :
Voted: That the area west of Park avenue and south of Wollaston avenue be changed from a semi- residence district to a single residence district.
On motion of Robert N. Boyd :
Voted: That the area on the north side of Massa- chusetts avenue between Henderson street and Marathon
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street be changed from a business district to a general residence district.
On motion of John J. Donahue:
Voted (On rising vote fifty-seven voting in favor and thirty-eight in opposition) : That the district on the southerly side of Massachusetts avenue from a point opposite Forest street to the junction of Lowell street and Massachusetts avenue be changed from a business dis- trict to a single residence district.
On motion of Paul M. White:
Voted: That Section 1 be amended to read as fol- lows: Section 1. Establishment of Districts. For the purposes of this by-law, the town of Arlington is hereby divided into districts of six classes, to be known as:
1. Single residence districts,
2. General residence districts,
3. Semi-residence districts,
4. Business districts,
5. Industrial districts,
6. Unrestricted districts,
and which are as shown upon a plan entitled "Town of Arlington, Massachusetts, Zoning Map, prepared under the direction of the Zoning Committee, by John P. Fox, consultant on Zoning, March, 1924," as now amended and to be filed in the office of the Town Clerk, which map together with all the boundary lines, designations and ex- planatory matter thereon, is hereby referred to and made a part of this by-law.
Article 38 taken up.
On motion of Paul M. White:
Voted: That the Zoning By-Laws as presented by the committee and amended at this meeting be made and adopted as by-laws of the town.
On motion of Paul M. White:
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Voted: That the sum of five hundred dollars be and hereby is appropriated for the publishing and printing of the town's Zoning By-Laws therein referred to, the same to be expended under the direction of the Board of Selectmen.
Article 38 disposed of.
Article 65 taken from table.
On motion of Egbert E. Stackpole:
Voted (Unanimously) : That the various amounts ($1,145,172.17) appropriated at this meeting indicated by the respective votes, and not otherwise provided for, be raised by general tax in the current financial year ; and that all notes issued under the authority of any vote passed at this meeting shall be issued in accordance with the provisions of Section 23 to 26 both inclusive, of Chapter 44 of the General Laws and amendments there- of and additions thereto.
Article 3 taken from the table.
There being no further business to come up under Article 3 the same was declared disposed of.
The meeting adjourned at eleven o'clock in the evening.
A True Record, Attest :
E. CAROLINE PIERCE,
Town Clerk.
FINANCE COMMITTEE FOR 1924
In accordance with Article 8, Section 1 of the By- Laws of the town of Arlington, the following named persons have been appointed to serve on the Finance Committee.
Term Expires
Precinct 1. Frederick O. White
1925
Louis Von Witherell
1926
Braman Proctor
1927
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Precinct 2. Jesse C. Fletcher 1925
Stephen M. Richardson 1926
Harold W. Cole 1927
Precinct 3. Edward Geary 1925
M. Ernest Moore 1926
Thomas F. Good 1927
Precinct 4. Frank H. Walker 1925
Frank A. Woodhead 1926
Walton H. Sears 1927
Precinct 5. Hollis M. Gott 1925
Val T. Hanson 1926
William P. Dale 1927
Precinct 6. G. Bertram Washburn 1925
Walter A. Robinson 1926
Mortimer H. Wells 1927
Precinct 7. Robert S. Dinsmore 1925
Walter S. Cooledge 1926
S. Bruce Black
1927
TOWN WARRANT
Commonwealth of Massachusetts Middlesex, ss.
To the Constables of the Town of Arington, in said County :
Greeting :
In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the legal voters of the town of Arlington, to meet in the
TOWN HALL in said Town on Wednesday, the 4th Day of June, 1924, at eight o'clock, P. M., to act on the following articles, viz :-
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Article 1. To hear and act upon the reports of the Finance and other committees heretofore appointed.
Article 2. To see if the town will accept the laying out of a town way from Broadway to Warren Street, substantially in the location of the private way known as Allen Street, as made and reported by the Joint Board of Selectmen and Board of Public Works, under the pro- visions of law authorizing the assessment of better- ments; establish said way; make an appropriation for said laying out and the construction of said way; de- termine in what manner the money shall be raised; or take any action relating thereto.
Said way as so laid out is bounded and described as follows :-
Beginning at the point of intersection of the nor- therly side line of Broadway and the westerly side line of Allen street, thence easterly and northeasterly on said westerly side line of Allen street on a curve to the left with a radius of 25.0 feet, a distance of 33.11 feet to a point of tangency, thence continuing northeasterly on said westerly side line of Allen street, a distance of 312.76 feet to a point of curve, thence northerly and northwesterly on said westerly side line of Allen street on a curve to the left with a radius of 20.0 feet, a dis- tance of 29.96 feet to the southerly side line of Warren street, thence southeasterly on said southerly side line of Warren street a distance of 80.22 feet to the easterly side line of Allen street, thence northwesterly and westerly on said easterly side line of Allen street on a curve to the left with a radius of 20.0 feet, a distance of 32.88 feet to a point of tangency, thence southwesterly on said easterly side line of Allen street a distance of 290.68 feet to a point of curve thence southerly and southeasterly on said easterly side line of Allen street, on a curve to the left with a radius of 20.0 feet, a dis- tance of 36.34 feet to the northerly side line of Broad- way, thence northwesterly on said northerly side line
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of Broadway a distance of 86.39 feet to the point of be- ginning as shown on a plan on file at the office of the Town Engineer, Arlington, Mass., entitled "Plan and Pro- file of Allen street, Arlington, Mass., Scale Hor. 1 ft. = 40 in., Vert. 1 ft. = 6 in., March 1920, C. H. Gannett, C. E., 53 State street, Boston".
Article 3. To see if the town will accept the estab- lishment of a building line along the southeasterly side of the way known as Tufts street from Broadway to Massachusetts avenue, substantially parallel with and distant approximately 81/2 feet from the said southeast- erly side of said way, as made and reported by the Joint Board of Selectmen and Board of Public Works; establish said line, make an appropriation therefor, including dam- ages; determine in what manner the money shall be raised; or take any action relating thereto. Said line as so established is described as follows:
PROPOSED SOUTHEASTERLY BUILDING LINE ON TUFTS STREET
Beginning at a point on the easterly side line of Massachusetts avenue, said point being 514.81 feet northwesterly from a stone bound at the intersection of said easterly side line of Massachusetts avenue with the northerly side line of Harlow street, thence North 55 deg., 22 min. 40 sec. East a distance of 1150.50 feet to the westerly side line of Broadway, as shown in red on a plan on file in the office of the Town Clerk, Arlington, Mass. and entitled "Plan Showing Proposed Building Lines on Tufts street, Arlington, Mass., Scale 1 ft. = 50 in., May 1924, George E. Ahern, Town Engineer".
Article 4. To see if the town will accept the estab- lishment of a building line along the northwesterly side of the way known as Tufts street from Broadway to Massachusetts avenue, substantially parallel with and distant approximately 31/2 feet from the said northwes- terly side of said way, as made and reported by the Joint
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Board of Selectmen and Board of Public Works; establish said line, make an appropriation therefor, including dam- ages; determine in what manner the money shall be raised, or take any action relating thereto. Said line as so established is described as follows:
PROPOSED NORTHWESTERLY BUILDING LINE ON TUFTS STREET
Beginning at a point on the easterly side line of Massachusetts avenue said point being 559.86 feet north- westerly from a stone bound at the intersection of said easterly side line of Massachusetts avenue with the northerly side line of Harlow street thence North 55 deg. 22 min. 40 sec. East, a distance of 1136.62 feet to the westerly side line of Broadway, as shown in red on a plan at the office of the Town Clerk, Arlington, Mass., entitled "Plan Showing Proposed Building Lines on Tufts street, Arlington, Mass., Scale 1 ft. = 50 in., May 1924, George E. Ahern, Town Engineer".
Article 5. To see if the town will accept the estab- lishment of building lines along the northerly and south- erly sides of the way known as Massachusetts avenue, from Central and Academy streets to Lowell street, sub- stantially parallel with and distant respectively ten (10) feet and nine (9) feet from the northerly and southerly sides of said way, as made and reported by the Joint Board of Selectmen and Board of Public Works; establish said lines; make an appropriation therefor, including damages; determine in what manner the money shall be raised; or take any action relating thereto.
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