USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1945 > Part 8
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Voted: That the sum of five thousand (5,000) dollars be and hereby is appropriated for the purpose of grading, paving, and construction of asphalt walks, installing of curbs
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and drains, and other improvements to the area known as the Linwood Street Playground to correct the drainage prob- lem and provide a parking area; said sum to be raised by general tax and expended under the direction of the Board of Park Commissioners.
There being no further business under Article 48, the Moderator declared it disposed of.
Article 49 taken up (Development of Robbin's Farm as a Playground)
The Finance Committee recommended the following:
That no appropriation be made under Article 49 of the Warrant.
Mr. Henderson presented the following substitute mo- tion :
That the sum of fifteen hundred (1500) dollars be and hereby is appropriated for the purpose of securing a set of plans and specifications for the development of the Robbin's Farm Playground, said appropriation to be raised by general tax and expended under the direction of the Board of Park Commissioners.
On being put to vote, the Moderator declared it carried; the vote was doubted, and the Moderator called for a rising vote which resulted 118 voting Yes and 49 voting No.
Thereupon, on motion, duly made and seconded it was
Voted: That the sum of fifteen hundred (1500) dollars . be and hereby is appropriated for the purpose of securing a set of plans and specifications for the development of the Robbin's Farm Playground, said appropriation to be raised by general tax and expended under the direction of the Board of Park Commissioners.
There being no further business under Article 49, the Moderator declared it disposed of.
Article 50 taken up (Acquisition of Land for Public Playground)
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ARLINGTON TOWN REPORT
The Finance Committee recommended the following:
That the Board of Park Commissioners be and hereby is authorized and empowered on behalf of the Town; to pur- chase or take in fee by eminent domain or otherwise acquire for the purposes of a playground or recreation centre, the three parcels of land within the Town, hereinunder de- scribed, any interest or easements therein and any rights or easements of way or otherwise as appurtenant thereto and subject to or with any reservations of any rights or ease- ments therein
The first parcel of land is bounded and described as follows: Beginning at a stone bound on the southwesterly side line of Summer Street, said stone bound being the point of curve to the southeasterly side line of Forest Street; thence southeasterly along southwesterly side line of Sum- mer Street, a distance of 93.26 feet to a point of curve on said southwesterly side line of Summer Street; thence southeasterly and southerly on a curve to the right with a radius of 24.55 feet a distance of 37.24 feet to a point of reverse curve on the northwesterly side line of Kent Lane; thence southwesterly and southerly on a curve to the left with a radius of 508.50 feet a distance of 77.51 feet to a point on said northwesterly side line of Kent Lane; thence northwesterly by land of John A. Cadario a distance of 206.83 feet to a point on the southeasterly side line of Forest Street; thence northeasterly along said southeasterly side line of Forest Street a distance of 13.59 feet to a point of tangency on said southeasterly side line of Forest Street; thence northeasterly, easterly and southeasterly on a curve to the right with a radius of 80.28 feet a distance of 132.28 feet to the point of beginning and containing 18,640 square feet area.
The second parcel of land is bounded and described as follows: Beginning at a point on the southwesterly side line of Summer Street, said point being 93.26 feet southeasterly from a stone bound on said southwesterly side line of Sum- mer Street, at the point of curve to the southeasterly side
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line of Forest Street; thence southeasterly along said south- westerly side line of Summer Street, a distance of 853.35 feet to a point of curve on said southwesterly side line of Summer Street ; thence more southeasterly along said south- westerly side line of Summer Street on a curve to the left with a radius of 1663.56 feet a distance of 67.00 feet to a point on said southwesterly side line of Summer Street; thence southwesterly by land of Henrietta F. Hill a distance of 303.28 feet to a point on the northeasterly property line of the Boston and Maine Railroad; thence northwesterly along said northeasterly property line of the Boston and Maine Railroad a distance of 163.52 feet to a point of tan- gency on said northeasterly property line of the Boston and Maine Railroad; thence more northwesterly on said north- easterly property line of the Boston and Maine Railroad on a curve to the left with a radius of 3077.19 feet a distance of 214.83 feet to a point of compound curve on said north- easterly property line of Boston and Maine Railroad; thence continuing northwesterly on said northeasterly property line of Boston and Maine Railroad on a curve to the left with a radius of 1453.86 feet a distance of 244.57 feet more or less to the intersection of said northeasterly property line of the Boston and Maine Railroad and the center line of Ryder Street; thence northeasterly along said center line of Ryder Street, a distance of 2 feet more or less to a point on said center line of Ryder Street; thence northwesterly and west- erly along said northeasterly property line of the Boston and Maine Railroad on a curve to the left with a radius of 1455.86 feet a distance of 424 feet more or less to a point on said northeasterly property line of the Boston and Maine Railroad; thence northeasterly by land of Frank E. Kenney a distance of 155.53 feet more or less; thence continuing northwesterly along land of said Frank E. Kenney a distance of 100.00 feet to a point on the southeasterly side line of Forest Street; thence northeasterly along said southeasterly side line of Forest Street, a distance of 285.36 feet to a point on said southeasterly side line of Forest Street; thence southeasterly by land of Herbert O. Dunn a distance of
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206.83 feet to a point on the northwesterly side line of Kent Lane; thence northeasterly along said northwesterly side line of Kent Lane on a curve to the right with a radius of 508.50 feet a distance of 77.51 feet to a point of reverse curve on said northwesterly side line of Kent Lane; thence northeasterly and northerly on a curve to the left with a radius of 24.55 feet a distance of 37.24 feet to the point of beginning and containing 9 Acres area more or less.
The third parcel of land is bounded and described as follows: Beginning at a point on the southwesterly side line of Summer Street 67.00 feet southeasterly from a point of curve on said southwesterly side line of Summer Street; thence continuing southeasterly along said southwesterly side line of Summer Street on a curve to the left with a radius of 1663.56 feet a distance of 391.11 feet to a point on said southerly side line of Summer Street; thence south- easterly by land of Town of Arlington a distance of 127.82 feet to an angle point; thence continuing southeasterly by land of Town of Arlington a distance of 61.50 feet to an angle point; thence continuing southeasterly by land of Town of Arlington a distance of 17.0 feet to an angle point ; thence continuing southeasterly by land of Town of Arling- ton a distance of 74.54 feet to an angle point; thence con- tinuing southeasterly by land of Town of Arlington 55 feet more or less to a point on the westerly side line of Washing- ton Street; thence southwesterly along said westerly side line of Washington Street a distance of 158 feet more or less to a point of said westerly side line of Washington Street; thence westerly at right angle to the westerly side line of Washington Street a distance of 240.00 feet; thence southerly by a line 240.00 feet from and parallel to the westerly side line of Washington Street a distance of 128 feet more or less to a point on the northeasterly property line of the Boston and Maine Railroad; thence northwesterly along said northeasterly property line of the Boston and Maine Railroad a distance of 648 feet more or less to a point on said northeasterly property line of the Boston and Maine Railroad; thence northeasterly by land of John A. Cadario
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a distance of 303.28 feet to the point of beginning and con- taining 7 Acres area more or less.
All the aforementioned three parcels of land as shown on a plan filed in the office of the Town Engineer and en- titled, "Plan of land in Arlington, Massachusetts, Scale 1"= 60', January 11, 1945, James M. Keane, Town Engineer. that for the purpose of such purchase, taking or acquisi- tion the sum of twenty five thousand one hundred twenty five (25,125) dollars be and hereby is appropriated; said sum to be taken from available funds now in the Treasury and expended under the direction of the Board of Park Commissioners.
There was lengthy discussion; and the Previous Ques- tion was moved and seconded, and duly carried. The Mod- erator called for a vote; the result being doubted, he called for a rising vote resulting 119 voting Yes and 8 voting No, and he declared the motion carried. Before taking the vote the Moderator called for a count of Town Meeting Members present and found the number to be 158.
There being no further business under Article 50, the Moderator declared it disposed of.
On motion, duly made and seconded, it was
Voted: To adjourn.
The Meeting adjourned at 11:08 P. M.
A True Record, attest :
EARL A. RYDER,
Town Clerk.
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ARLINGTON TOWN REPORT
ADJOURNED TOWN MEETING
March 21, 1945.
Pursuant to the vote of Adjournment of March 19, 1945, the Town Meeting Members met in the Robbin's Memorial Town Hall on Wednesday evening March 21, 1945, notices having been sent to the Town Meeting Members.
Lists of the duly qualified Town Meeting Members were used at the entrance of the meeting place and were in charge of Philip T. Robinson and James E. Sweeney.
The check lists filed with the Town Clerk at the close of the meeting showed that one hundred and thirty-six at- tended the meeting.
The Moderator called the meeting to order at 8:20 P. M.
At the suggestion of the Moderator the Assembly stood and sang one verse of the National Anthem.
Town Meeting Members not previously sworn were sworn by the Moderator.
On motion of Chairman Elliott, duly seconded, it was unanimously
Voted: That if all the business of the meeting as set forth in the Warrant is not disposed of at this session, when the meeting adjourns, it adjourn to Friday evening, March 23, 1945 at 8 o'clock.
Article 51 taken up (Study of Traffic Conditions-Arl- ington Center)
On motion, duly made and seconded, it was unanimously
Voted: That the Planning Board be and hereby is au- thorized and directed to make a study of traffic conditions in and about Arlington Center and to submit its report and recommendations at the next annual town meeting, and that the sum of one thousand (1,000) dollars be and hereby is appropriated by the use of said Board; said sum to be taken
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from available funds now in the Treasury and expended under the direction of the Planning Board.
There being no further business under Article 51, the Moderator declared it disposed of.
Article 52 taken up (Acceptance of Section 27a of Chap- ter 40 of the General Laws, Tercentenary Edition)
Chairman Knight presented the report of the Planning Board, and on motion, duly made and seconded, it was unani- mously
Voted: That the Report be received and placed on file.
A count was taken of Town Meeting Members to see that a Quorum was present, and it was reported there were one hundred and thirty-nine. On motion, duly made and seconded, it was
Voted: (102 Yes and 21 No) That the Town accept section No. 27A of Chapter 40 of the General Laws, Tercen- tenary Edition, as covered by article No. 52 of the Warrant for the Town Meeting of Wednesday, March 14, 1945.
There being no further business under Article 52, the Moderator declared it disposed of.
Article 53 taken up (Acceptance of Section 30a of Chap-
ter 40 of the General Laws, Tercentenary Edition)
Chairman Knight presented the report of the Planning Board, and on motion, duly made and seconded, it was unani- mously
Voted: That the Report be received and placed on file.
A count was taken to see that a Quorum was present, and it was reported there were one hundred and thirty- seven.
On motion, duly made and seconded, it was
Voted: (114 Yes and 2 No) 137 Town Meeting Mem- bers present
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ARLINGTON TOWN REPORT
That the Town accept section No. 30A of Chapter No. 40 of the General Laws, Tercentenary Edition, as covered by article No. 53 of the Warrant for the Town Meeting of Wednesday, March 14, 1945.
There being no further business under Article 53, the Moderator declared it disposed of.
Article 54 taken up (Amendment of Zoning By-Law)
Chairman Knight presented the report of the Planning Board including the Proposed Amendment to the Zoning By-Law and called attention to the error on page 14, sec. 16, sub section 1, stating the "B" should be "C".
On motion, duly made and seconded, it was unanimously
Voted: That the Report be received and placed on file.
Chairman Knight explained the Amendment at length, and referred to many criticisms of it by individuals, news- papers, organizations, etc., and endeavored to show their misinterpretations.
There was lengthy discussion of the matter. Mr. Shea moved that the Article be laid on the table; and being put to a vote, the Moderator declared the motion lost.
Mr. Wunderly stated he opposed the Amendment be- cause "we should be extremely careful in promoting a law affecting our people for many years".
Mr. Harris asked "Why not refer it back to the Plan- ning Board and bring it in next year" ?
Mr. Shea moved that the Article be referred back to the Planning Board for report at the annual meeting not later than 1946, and the Moderator ruled he was out of order. This provoked discussion, and the Moderator finally announced the motion was in order. More discussion fol- lowed; The Previous Question was moved, and being put to a vote, the Moderator declared it carried.
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TOWN RECORDS
The Moderator called for a count of Town Meeting Members, and it was reported there were one hundred and thirty-two.
Thereupon, the Moderator called for a vote on Mr. Shea's motion and declared the motion lost.
This was doubted and a rising vote was taken which resulted in fifty-two voting Yes and seventy-two voting No, and the Moderator declared the motion lost.
The Previous Question was moved and seconded, and being put to a vote, the Moderator declared the motion car- ried.
The Moderator called for a vote on "Amendment to Zoning By-Law, and it was
-
Voted: (86 voting Yes and 40 voting No) 132 Town Meeting Members present
(two-thirds vote; quorum of Town Meeting Members present)
That the Town amend the Zoning By-law, including the Zoning Map and the Schedule, by striking out the present law and map and schedule, and inserting in place thereof the following, including the map dated March, 1945.
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ARLINGTON TOWN REPORT
AMENDMENT TO ZONING BY-LAW FOR ARLINGTON, MASSACHUSETTS. DISTRICTS
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. Residence A Districts
2. Residence B Districts
3. Residence C Districts
4. Business A Districts
5. Business B Districts
6. Industrial Districts
Said districts are as shown, defined and bounded on the Map accompanying this by-law, entitled "Town of Arling- ton, Massachusetts, Zoning Map, Prepared Under the Direc- tion of the Planning Board", dated March , 1945, signed by the said Board, or as thereafter amended, and on file with the Town Clerk. Said Map and all explanatory matter there- on are hereby made a part of this by-law. Section 1-A. District Boundaries
The location of the boundary lines of the districts shown upon the Zoning Map shall be determined as follows:
1. Where the boundary lines are shown upon said map within the street lines of public or private ways, the center lines of such ways shall be the boundary lines.
2. Where the boundary lines are shown approximately on the location of property or lot lines, and the exact location of property, lot or boundary lines is not indicated by means of figures, then the property or lot lines shall by the boundary lines.
ZONING MAP TOWN OF ARLINGTON
MASSACHUSETTS
0 100
.00
1300
SCALE OF FEET PREPARED BY THE PLANNING BOARD MARCH 1945
KEY
TO ZONING DISTRICTS
RESIDENCE
A
RESIDENCE
B
RESIDENCE
C
BUSINESS
A
BUSINESS
B
INDUSTRIAL
RESERVATION
GREAT
MEADOWS
SOMERVILLE
POND
LEXIN
MONOTONY ROCKS
SPY
AMBRIDGE
-
SECRETARY
f
Herbert Dr. Dutcher
NEwirE
Serop PBasmajian
CENTRAL
Frank L. Lincoln
WINCHESTER
MYSTIC
بطاقــ
LAKES
CEMETERY
MY.S.
HT PLEASAN
RESERVOIR
ALEWIFE
11 1
COMETEN
X
CONCORD
BELMONT
1
.
CHAIRMAN
ATTLE POND
THIS MAP COMPILED BY THE TOWN ENGINEER
' MEDFORD
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TOWN RECORDS
3. Boundary lines located outside of such street lines and shown approximately parallel thereto shall be regarded as parallel to such street lines ; and figures placed upon said map between such boundary lines and street lines are the distances in feet of such boundary lines from such street lines, such distances being measured at right angles to such street lines unless otherwise indicated.
4. In all cases which are not covered by the other pro- visions of this Section, the location of boundary lines shall be determined by the distance in feet, if given, from other lines upon said map, or, if distances are not given, then by the scale of said map.
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 Zoning Board of Appeals, as provided in Section 4.
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ARLINGTON TOWN REPORT
ADMINISTRATION AND ENFORCEMENT
Section 2. Enforcement
1. This by-law shall be enforced by the Inspector of Buildings appointed under the building code of the Town of Arlington, and no permit shall be granted for the construc- tion, alteration, re-location or use of any building or struct- ure, if the building or structure as constructed, altered, re- located or used would be in violation of any provision of this by-law. Whenever such permit or license is refused because of some provisions of this by-law, the reason therefore shall be clearly stated in writing.
2. If the Inspector of Buildings shall be informed, 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 pro- perty where the violation may exist. 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 con- trary to the provisions of this by-law shall immediately cease.
3. If, after such notice, the premises are continued to be used in a manner 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 of Buildings in respect to any violation or use contrary to the provisions of this by-law, the Inspector of Buildings with the approval of the Board of Selectmen may, and if required by them shall, institute appropriate legal proceedings to enforce the provisions of this by-law or to restrain by injunction any violation there- of, or both, and shall do all further acts, revoke the permit for occupancy, institute and take any and all such action as may be necessary to enforce the provisions of this by-law. Section 3. Occupancy Permit
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TOWN RECORDS
1. No building hereafter erected, altered or relocated shall be used, and no change shall be made of the use of any building or of any parcel of land, unless an occupancy per- mit signed by the Inspector of Buildings has been granted to the owner or occupant of such land or building. Such permit shall not be granted unless the proposed use of the land and building and all accessory uses comply in all re- spects with this by-law and no use shall be made of such land or building that is not authorized by such occupancy permit. Section 4. Zoning Board of Appeals
1. A Zoning Board of Appeals is hereby established, to consist of three members to be appointed by the Board of Selectmen. All members of said Zoning Board shall be resi- dents of the Town of Arlington, and one member shall be an Attorney-at-Law, and at least one of the remaining mem- bers shall be a registered and professional architect or a registered civil engineer. The appointments first made shall be for the term of one, two, and three years respectively, so that the terms of one member shall expire each year. All subsequent appointments shall be for the term of three years. When the appointments are first made the Board of Selectmen shall also appoint two associate members for the term of two years each, such associate membership to be appointed every second year. No member shall act in any case in which he shall be interested, and in case any mem- ber or members shall be so disqualified, or because of absence from the town, or any other cause, he or they shall be un- able to act, the remaining member or members shall, in a written statement, filed with the secretary, so certify, and name an associate member or members to act upon the par- ticular matter. Whenever said associate member or mem- bers shall serve, he or they shall have all the powers con- ferred upon a regular member. If two or more members are absent or disqualified, the Board of Selectmen may ap- point substitutes to act during such absence or disqualifica- tion. The said Zoning Board of Appeals shall organize yearly, choosing a chairman and a secretary.
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ARLINGTON TOWN REPORT
2. The Board shall adopt rules, not inconsistent with the provisions of the by-laws of the Town, for conducting its business and otherwise carrying out the purposes of the Zoning by-laws. Meetings of the board shall be held at the call of the chairman, and also when called in such manner as the board shall determine in its rules. Such chairman, or in his absence the acting chairman, may administer oaths, sum- mon witnesses and call for the production of papers. All hearings of the board shall be open to the public. The board shall cause to be made a detailed record of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons for its decisions, and of its other official actions, copies of all of which shall be im- mediately filed in the office of the town clerk and shall be a public record, and notice of decisions shall be mailed forth- with to parties in interest as hereinafter designated.
3. Any person aggrieved by the refusal of the In- spector of Buildings to issue a permit or license on the grounds of non-compliance with the Zoning by-laws may appeal to the Zoning Board of Appeals as provided in Chap- ter 40 of the General Laws and any amendments thereto.
4. No appeal or petition and no application for a special exception to the terms of this by-law which has been un- favorably acted upon shall be considered by the Zoning Board of Appeals within two years after the date of such unfavorable action except with the consent of all the mem- bers of the Planning Board.
5. Any person or persons desiring to obtain the per- mission of the Zoning Board of Appeals for any purpose for which such permission is required under the provisions of this by-law shall make application in writing therefore to the Zoning Board of Appeals which shall, within a reason- able time, hold a public hearing thereon, seven days' public notice of which shall be given.
6. The Zoning Board of Appeals shall also, at least ten days prior to the hearing, send or deliver written notice to
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all the owners of real estate opposite to or abutting on the property in connection with which any permission is sought, and to such others as the Zoning Board of Appeals may order or by regulation prescribe, and shall, at least ten days before the hearing, post a notice of the hearing, upon the property in a conspicuous location, adjacent to a street on which the property is situated, stating the nature of the petition in connection with which permission is sought. A copy of ths notice shall also be posted on the Bulletin Board at the Town Hall.
7. In the case of an appeal involving a change in use of land or building the Zoning Board of Appeals shall hold a joint meeting with the Planning Board to discuss the mat- ter, preferably before the date of the public hearing or in any event before final action is taken by the Zoning Board of Appeals.
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