USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1939 > Part 4
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(Inserted at the request of the School Committee)
Article 39. To see if the Town will appropriate the sum of one thousand six hundred fifty dollars ($1,650.) to be expended under the direction of the School Committee, for the purpose of installing new tubes in one of the boilers at the high school building; determine in what manner the money shall be raised ; or take any action relating thereto.
(Inserted at the request of the School Committee)
Article 40. To see if the Town will appoint a commit- tee of five, two members at least to be appointed from the School Committee, to procure plans and specifications for the completion of the high school auditorium, and estimates of the cost of same, said committee to report to the Town not later than the annual meeting of 1940; make an appro- priation for the use of such committee; or take any action relating thereto.
(Inserted at the request of the School Committee)
Article 41. To see if the Town will appoint a commit- tee to procure plans and specifications for the construction
.
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of a four room addition to the Hardy School building, and estimates of the cost of such addition and of the original equipment and furnishings thereof and of the grading of the grounds of said school; and to procure plans and specifica- tions for the construction of a new twelve room building to replace the Russell School, and estimates of the cost of such building and of the original equipment and furnishings thereof and of the grading of the grounds of such school ; said committee to report to the Town not later than the annual meeting of 1940 ; make an appropriation for the use of such committee; or take any action relating thereto.
(Inserted at the request of the School Committee)
Article 42. To see if the Town will make an appropria- tion of the sum of twelve hundred (1200) dollars or any other sum to be expended under the direction of the School Committee for adding kindergartens to one or all grade schools ; determine in what manner the money shall be raised and expended; or take any action relating thereto.
(Inserted at the request of more than ten (10) registered voters)
Article 43. To see if the Town will make an appropria- tion for the publication of a historical book called "Arling- ton Citizenship" for use in the Public Schools for instruc- tion in Town Government and for the use of Town Officials and Town Meeting Members and for sale to the general public, in celebration of the 300th Anniversary of the erec- tion of the first building in what is now Arlington, and ap- point a committee to supervise the publication of the same, or take any other action relating thereto.
(Inserted at the request of more than ten (10) registered voters)
Article 44. To see if the Town will amend Division 12 and Division 13, section 13.3 of Article 15 of the Town's By-Law, known as the Building Code as follows:
Division 12, paragraph (m) (page 120 of the Building Code 1937 edition) by adding to that paragraph the following:
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No separate flue shall be required in the kitchens of apartment houses where electricity is the sole medium of heat for cooking and the heating of water.
Division 13, section 13.3 in the sub-section of that sec- tion having the caption "SECOND CLASS CON- STRUCTION" (page 127 of the Building Code 1937 edition) by the addition of the words: "Two and" at the beginning of paragraph (a) so that paragraph (a) as amended shall read as follows:
(a) (Two and three story apartment houses) An apartment house of not more than three stories in height may be a building of the second class if the following additional conditions are complied with :
Paragraph (1) (page 127 of the Building Code 1937 edition) by striking out the figure 3500 in the first clause thereof and substituting therefor the figure "5000" so that the first clause of said paragraph (1) as amended shall read as follows:
(1) To have not more than 5000 square feet in area between fire walls and exterior walls;
Paragraph (2) (page 127 of the Building Code 1937 edition) by striking out the last sub-paragraph and substituting therefor the following new sub-paragraph : All doors leading from a stair hall shall be self-closing fire doors with metal frames. All doors between a pub- lic hall and apartments shall be self-closing fire doors with metal frames or self-closing solid woods not less than 2" thick in every part and having at least 2" plank frames, all to be constructed and installed in a manner satisfactory to the Inspector of Buildings.
Paragraph (1), (on page 128 of the Building Code 1937 edition) by striking out the figure 3500 in the first clause thereof and substituting therefor the figure 5000 so that the first clause shall read as follows :
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(1) To have not more than 5000 square feet in area between fire walls and exterior walls.
Paragraph 2 (page 129 of the Building Code 1937 edi- tion) by striking out the last sub-paragraph and substi- tuting therefor the following new sub-paragraph :
All doors leading from a stair hall shall be self-closing fire doors with metal frames. All doors between a pub- lic hall and apartment shall be self-closing fire doors with metal frames, or solid wood doors not less than 2" thick in every part and having at least 2" plank frames all constructed and installed in a manner satisfactory to the Inspector of Buildings.
Paragraph C under the caption, "APARTMENT WITH FIRST FLOOR USED FOR MERCANTILE PURPOSES", (page 130 of the Building Code 1937 edition) by adding thereto the following:
Any apartment house constructed with a garage in the basement, the floor of the first story over the garage shall be of first-class construction and the walls of the garage shall be without openings leading to any other part of the building.
Paragraph (10) under the caption "ROOM SIZE OF" -(page 134 of the Building Code 1937 edition) by striking out the whole of said paragraph and substi- tuting in place thereof the following new paragraph (10) to read as follows:
(10) In every tenement house hereafter erected there shall be in each apartment at least one room con- taining not less than one hundred and twenty (120) square feet of floor area.
Alcove rooms shall be considered a portion of the room from which they open.
Paragraph (13) under the caption "PUBLIC HALLS" -(page 134 of the Building Code 1937 edition) -by
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striking out the figure 20 in first sentence and substi- tuting therefor the figure 50 so that the first sentence as amended will read as follows :
(13) In every tenement house hereafter erected ev- ery hall extending more than 50 feet from a stair hall shall have at each story at least one window opening directly from the street or upon a yard or court of the dimensions specified in Paragraph 7 of this section.
Paragraph. (14) under the caption "WINDOWS FOR PUBLIC HALL, SIZE OF" (page 135 of the Building Code 1937 edition) by striking out the last sentence so that sub-section shall read as follows:
(14) One at least of the windows provided to light each public hall, or part thereof, shall be at least two feet-six inches wide, and five feet high, measured be- tween stop beads, and the top of the window shall be not more than eight inches below the ceiling.
Paragraph (18) under the caption "SPACE UNDER FLOOR"-(page 136 of the Building Code 1937 edi- tion)-by striking out the entire paragraph (18) and substituting therefor the following :
(18) In every tenement hereafter erected, under any part of which there is no cellar, the first or ground floor shall be constructed, where practical, without any hol- low spaces under same, and shall be protected from moisture in a manner satisfactory to the Inspector of Buildings.
Paragraph (29) the caption "WOODEN TENEMENT HOUSE"-(page 140 of the Building Code 1937 edi- tion) -by striking out the entire sub-section and sub- stituting therefor the following:
(29) CONVERSION OF WOODEN DWELLING HOUSES INTO TENEMENT HOUSES-In no wood- en dwelling house hereafter erected shall any story or part thereof above the second floor be rented, leased,
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let or hired out to be occupied for housekeeping, nor shall it be intended, arranged or designed to be occu- pied for housekeeping ; nor shall any provision be made for cooking, nor any cooking be done above the second floor.
Article 45. To see if the town will amend its by-laws by inserting after Article 7 a new article, numbered Article 7-A, substantially as follows; or take any action relative to a by-law or by-laws relating to contracts and purchases by or on behalf of the town; will make an appropriation for the publishing of such by-law; or will take any action relative thereto; and will also amend its by-laws by numbering the present Article 7-A as Article 7-B.
ARTICLE 7-A CONTRACTS AND PURCHASES
Section 1. All contracts and purchases made by or on behalf of the town by any department, board or com- mittee shall issue written purchase orders therefor as provided in Article 7, Sections 2 and 3.
[ Section 2. In all contracts or purchases made by any department, board or committee, where the cost exceeds Two Hundred Dollars, competitive bids shall be ob- tained as hereinafter provided. This provision shall be strictly construed to apply to all contracts in which the Town is a party, except as follows :
(a) Where, by reason of patent rights or copyrights, fair and reasonable competition cannot be obtained.
(b) Where, by reason of natural or actual monopoly, fair and reasonable competition cannot be obtained.
(c) Where, in case of emergency, prompt action is required for the preservation of life, or the protection of property.
(d) Where by reason of the special or standardized type, design or nature of the article or material to be
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purchased or work to be done, fair and reasonable competition cannot be obtained.
Section 3. If a contract or purchase is made on behalf of the Town without competitive bids under the excep- tions stated in Section 2, where the contract price ex- ceeds Two Hundred Dollars ($200.00) such contract or purchase shall have attached to it previous to its audit by the Town Accountant, a certificate by the head of the department, or chairman of the committee or board authorizing the same setting forth the reasons why competitive bids were not obtained.
Section 4. No contract shall be so divided as to bring the amount below Two Hundred Dollars for the pur- pose of evading the provisions of this Article.
Section 5. Competitive bids on contracts or purchases shall be obtained as follows :
(a) Where the estimated cost is over Two Hundred Dollars ($200.00) but under One Thousand Dollars ($1,000.00) either by public advertisement not to ex- ceed one insertion in one or more newspapers published in the town or by circular letters all bearing the same date sent to a sufficient number of vendors to insure fair competition.
(b) Where the estimated cost is One Thousand Dol- lars ($1,000.00), or over, by public advertisement not to exceed three consecutive insertions, in one or more newspapers published in the town.
(c) In all cases of competitive bidding by posting on a bulletin board publicly displayed in the Town Hall.
(d) Every notice inviting bids shall provide that such bids shall be publicly opened at a specified hour and day at a place to be named in the notice, and that the Town reserves the right to accept or reject any and all bids.
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(e) Where the estimated cost is under One Thousand Dollars ($1,000.00), no bids shall be opened until the expiration of at least five days from and after the in- vitation for bids was issued :
(f) Where the estimated cost is One Thousand Dol- lars ($1,000.00) but under Ten Thousand Dollars ($10,000), no bids shall be opened until the expiration of at least 10 days from and after the invitation for bids was issued.
(g) Where the estimated cost is Ten Thousand Dol- lars ($10,000.00) or over, no bids shall be opened until the expiration of at least 15 days from and after the invitation for bids was issued.
Section 6. All contracts made on behalf of the Town together with bids obtained, and if non-competitive, the certificates as required under Section 3, shall be in the custody of the Town Accountant and shall be avail- able for public inspection for at least 30 days after such contracts or purchases have been made.
Every notice inviting bids shall contain such specifica- tions as will allow free and open competition.
Article 46. To see if the Town will appropriate the sum of $15.90 or any other sum to pay expenses of officers and employees of the fire department incurred outside the commonwealth prior to January 1, 1939; or will take any action relative thereto.
Article 47. To see if the Town, under the provisions of section 3 of chapter 43A of the General Laws, will direct the Selectmen to review, and if need be, wholly or partly revise, the boundaries of the voting precincts of the Town in De- cember of this year; make an appropriation for the pur- pose ; or take any action relating thereto.
Article 48. To see if the Town will rescind the author- ization of the treasurer to borrow all or any portion of the
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sum of five thousand (5000) dollars in excess of forty thou- sand (40,000) dollars to defray the cost and expense for equipment or otherwise in repairing the damage to the pub- lic ways and shade trees within the Town and to the prop- erty of the Town, caused by or resulting from the hurricane of September 21, 1938, contained in the vote of the Town passed October 3, 1938 under article 2 of the warrant for the meeting of that date; will amend or modify said vote by substituting "forty thousand (40,000) dollars" for "forty- five thousand (45,000) dollars" or otherwise; or will take any other action relative to said vote, the appropriation thereby made or said authorization.
Article 49. To see if the Town will ratify the agree- ment by and between the Town of Lexington by its Board of Selectmen and the Town of Arlington by its Board of Public Works, dated December 5, 1938 and filed in the office of the Town Clerk, providing that the Town of Lexington may connect a sewer in Lowell Street, Lexington, to the Arlington sewer in said Lowell Street at or near the Arling- ton-Lexington line, and through said Lowell Street sewer in Lexington discharge the sewage from an area in Lexington particularly described in said agreement, and providing that the Town of Arlington may connect its sewers within an area particularly described in said agreement with a sewer in Crescent Hill Avenue, Lexington, whenever the Town of Lexington shall build a sewer in said avenue extending to or near the Arlington line, and that the Town of Arlington may connect its sewers within an area particularly de- scribed in said agreement with a sewer in Daniels Street, Lexington, whenever the Town of Lexington shall build a sewer in said street extending to or near the Arlington line, it being provided in said agreement that it shall take effect when ratified by the town meetings of Lexington and Arl- ington, respectively; or will take any action relating to said agreement, the sewers of said towns, or connections of such sewers.
Article 50. To see if the Town will vote to make the following additions to and changes in the Zoning By-Law.
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AREA
Section 11 Single Residence Districts.
A. Add to the first line of this paragraph after word districts the following - No lot shall have a frontage of less than sixty feet or an area of less than six thousand square feet and change the word forty in the fifth line to read thirty so that this paragraph will read - "In the single residence districts, no lot shall have a frontage of less than sixty feet or an area of less than six thousand square feet and no building or buildings on any one lot, including garages, stables and other accessory buildings, shall be constructed, al- tered, enlarged, reconstructed or moved, so as to occupy at the level of the first story exclusive of uncovered steps more than thirty per cent of the area of the lot, provided, however, that this restriction shall not prohib- it 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 resi- dence for a single family."
B. Add to the first line of this paragraph after the word building the following words :- measured at the outside face of nearest foundation or pier to lot line- and change the word fifteen in the third line to twenty- five and the words seven and one-half in the fourth line to ten so that this paragraph will then read "No part of any building measured at the outside face of nearest foundation or pier to lot line, except uncovered steps, shall be constructed, altered, enlarged, reconstructed or moved, so as to be less than twenty-five feet from any street lines, or except one and two car garages, less than ten feet from the line of any adjoining lot or less than fifteen feet from any other building on the same lot, except as otherwise provided in this section."
C. Add to the beginning of this paragraph "A lot duly recorded and existing when this by-law takes effect and having a frontage of less than sixty feet or
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an area less than six thousand square feet shall not be included in the provisions of paragraph B but in the event of the erection of a building as described in Para- grahs A and B on such a lot the following set backs shall apply. Not less than fifteen feet from any street lines or less than seven and one half feet from the line of any adjoining lot or less than fifteen feet from any other buildings on the same lot."
Section 12. General Residence Districts.
A. Add to the first line of this paragraph after the word districts the following - No lot shall have a frontage of less than sixty feet or an area of less than six thousand square feet and change the word fifty in the fifth line to read forty so that this paragraph will read - "In the general residence districts, no lot shall have a frontage of less than sixty feet and an area of less than six thousand square feet and 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 forty percent of the area of the lot, provided, how- ever, that this restriction shall not prohibit the erec- tion of a private garage 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."
B. Add to the first line of this paragraph after the word building the following words: - measured at the outside face of nearest foundation or pier to lot line - and change the word ten in the third line to twenty and the word line in the same line to lines. Also change the word five in the fourth line to ten so that this paragraph will then read "No part of any build- ing measured at the outside face of the nearest founda- tion or pier to the lot line, except uncovered steps, shall be constructed, altered, enlarged, reconstructed or moved, so as to be less than twenty feet from any street
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lines, or except one and two car garages, less than ten feet from the line of any adjoining lot except in the case of a party wall of a double house, or less than ten feet from any other building on the same lot, except as otherwise provided in this section."
C. Add to the beginning of this paragraph, "A lot duly recorded and existing when this by-law takes effect and having a frontage of less than sixty feet or an area less than six thousand square feet shall not be included in the provisions of paragraph B but in the event of the erection of a building as described in Para- graphs A and B on such a lot the following set backs shall apply : not less than ten feet from any street line or less than five feet from any adjoining lot or less than ten feet from any other buildings on the same lot."
(Inserted at the request of the Planning Board)
Article 51. To see if the Town will vote to alter its Zoning By-Law and Map therein referred to so as to change the area bounded and described in the following from a Semi-Residence District to a new district to be known as Residence D District. The Zoning By-Law to be changed by adding this new district as shown in detail in the fol- lowing: Description of area-
Beginning at a point on the center line of Bacon Street, 50.0 feet northwest of the northwesterly side line of Central Street, thence northeasterly by the industrial district and on a line parallel to and 50 feet northwest of the northwest- erly side line of Central Street, to the southwesterly side line of the Boston & Maine Railroad, thence southeasterly on said southwesterly side line of the Boston & Maine Rail- road to the point of intersection of said southwesterly side line of the Boston & Maine Railroad and the westerly divi- sion line of the business district, thence southwesterly by said westerly division line of the business district and on a line parallel to and 100 feet northeast of the northeasterly side line of Water Street to a point 150 feet north of the northerly side line of Mass. Avenue thence westerly by the
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business district and on a line parallel to and 150 feet north of said northerly side line of Mass. Avenue to the center line of Central Street, thence northeasterly on said center line of Central Street and by said business district to the point of intersection of said center line of Central Street and the center line of Bacon Street, thence northwesterly on said center line of Bacon Street to the point of beginning.
PROPOSED BY-LAW CHANGE.
Section # 1 Establishment of Districts.
In the third line of this paragraph change the words "districts of six classes to be known as" to "the follow- ing districts" and add to the latter part of this para- graph the words "Residence D districts", so that this portion of the paragraph will then read as follows: "For the purposes of this by-law, the Town of Arling- ton is hereby divided into the following districts :
Single residence districts General residence districts Residence D Districts Semi-Residence districts Business districts Industrial districts Unrestricted districts
Section # 3 Incorporate in the Zoning by-law an additional section to be known as Section 3A. Resi- dence D Districts.
In the residence D districts, no new building or part thereof shall be constructed or used and no build- ing or part thereof shall be altered, enlarged, recon- structed or used, for
(a) Any industry, trade, manufacturing or commer- cial purpose.
(b) Any purpose except one or more of the following :
1. Any purpose or accessory purpose authorized by Paragraph (b) of Section 2;
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2. Double house, duplex house or two-family house.
3. Apartment house.
4. Boarding house or lodging house.
5. Such accessory purposes as are customary or usual in connection with any of the foregoing purposes speci- fied in this Paragraph (b) and are incidental thereto, including a private garage.
(c) Provided, however, that if permission of the Se- lectmen is obtained in the manner provided in Section 16, buildings may be constructed, altered, enlarged or reconstructed, and used for one or more of the follow- ing purposes :
(a) Public or semi-public institution of a philanthro- pic, charitable, or religious character, hospital, sani- tarium, or other medical institution; but not a correc- tional institution or place of detention, unless such exists at the time of the acceptance of this By-Law.
(b) Such accessory purposes as are customary or usu- al in connection with any of the foregoing purposes and are incidental thereto, but not for any industry, trade, manufacturing or commercial purpose.
HEIGHT-Section 9. Add to this line the words "Resi- dence D Districts" so that it will then read;
Section 9. Single Residence, General Residence, Resi- dence D and Semi-Residence Districts.
Paragraph A. Add the words "Residence D Districts" to the first line of this paragraph so that it will then read;
"In the single residence, general residence, residence D, and semi-residence districts, no building shall be con- structed, altered, enlarged, reconstructed or raised up so as to contain more than three stories, or so as to ex- ceed a height of forty-five feet except as otherwise pro- vided in this Section.
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AREA-Add a new section to be known as Section # 12-
A. This section will then read as follows :
Section # 12-A Residence D Districts
A. In the residence D Districts the area restrictions as defined in paragraph #4 of section #3 of Division # 13 of the Building Code shall apply.
B. No part of any building measured between the out- side face of nearest foundation or pier and the lot line, except uncovered steps shall be constructed, altered, en- larged, reconstructed or moved, so as to be less than fifteen feet from any street line. In the case of exterior courts this distance shall be not less than ten feet. In the case of side yards a minimum of ten feet from the line of any adjoining lot will be required. For rear yards a minimum of thirteen feet and for buildings over thirty feet in height this distance shall be increased one foot for each three feet in height or fraction there- of. An exterior court having windows of rooms open- ing thereon shall have a width not less than one foot for every three feet or fraction thereof in height but not less than eleven feet in width. An exterior court shall have a depth not to exceed three times the court width. Inner courts will not in general be acceptable. When an inner court is used, the court width or length throughout its entire height shall be not less than the height of such court.
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