USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1946 > Part 7
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ARLINGTON TOWN REPORT
Article 36 taken up. (Alterations to School Buildings)
On motion duly made and seconded, it was unanimously
Voted: That the sum of four thousand (4,000) dollars be and hereby is appropriated for the purpose of making suitable alterations or other changes to the school buildings, including emergency lighting as recommended by the State Department of Public Safety ; said sum to be raised by gen- eral tax and expended under the direction of the School Committee.
There being no further business under Article 36, the Moderator declared it disposed of.
Article 37 taken up. (Sale of Automobile-School De- partment)
On motion duly made and seconded, it was unanimously
Voted: That the School Committee be and hereby is au- thorized on behalf of the Town to sell and convey at public auction or private sale one 1938 Ford Tudor sedan now owned by the Town and under control of said Committee.
There being no further business under Article 37, the Moderator declared it disposed of.
Article 38 taken up. (Appropriation-Architectural and Engineering Advice Re Future School Construction)
On motion duly made and seconded, it was unanimously
Voted: That no appropriation be made under Article 38 of the Warrant.
There being no further business under Article 38, the Moderator declared it disposed of.
Article 39 taken up. (Erection of Stone Wall and Fence -Brackett School)
The Finance Committee Recommended the following :
That no appropriation be made under Article 39 of the Warrant.
Mr. Tobin offered the following substitute motion:
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That the sum of twenty-six hundred ($2600) dollars be and hereby is appropriated for the purpose of erecting a stone wall and the installation of a chain link fence; said wall and fence to complete the fencing in of the Brackett School yard from the present end to Fayette Street; said sum to be taken from available funds now in the Treasury and expended under the direction of the School Committee.
A vote being taken, the Moderator declared the motion carried.
Thereupon it was unanimously
Voted: That the sum of twenty-six hundred ($2600.00) dollars be and hereby is appropriated for the purpose of erecting a stone wall and the installation of a chain link fence; said wall and fence to complete the fencing in of the Brackett School yard from the present end to Fayette Street: said sum to be taken from available funds now in the Treasury and expended under the direction of the School Committee.
There being no further business under Article 39, the Moderator declared it disposed of.
Article 40 taken up. (Acquisition of Land for School Purposes)
The Finance Committee recommended the following:
That the School Committee be and hereby is authorized and empowered on behalf of the Town; to purchase or take in fee by eminent domain or otherwise acquire for school purposes, the land within the Town, hereinafter described, any interest or easements therein and any rights or ease- ments of way or otherwise as appurtenant thereto and sub- ject to or with any reservations of any rights or easements therein. Said parcel of land being bounded and described as follows :-
Beginning at the point of intersection of the northeast- erly side line of Columbia Road and the northwesterly side line of Stowecroft Road, thence northwesterly on said north-
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easterly side line of Columbia Road, a distance of 370.54 feet to a point of curve in said northeasterly side line of Columbia Road; thence northwesterly, northerly, and north- easterly on said northeasterly side line of Columbia Road on a curve to the right with a radius of 20 feet a distance of 30.80 feet to a point of tangency at the point of intersection of said northeasterly side line of Columbia Road and the southeasterly side line of Crosby Street; thence northeast- erly on said southeasterly side line of Crosby Street a dis- tance of 145.65 feet to a point of curve in said southeasterly side line of Crosby Street; thence continuing northeasterly on said southeasterly side line of Crosby Street on a curve to the left with a radius of 444.02 feet a distance of 85.87 feet to a point in said southeasterly side line of Crosby Street; thence southeasterly through land now or formerly of the General Construction Company, Inc. a distance of 128.12 feet to a point on the division line between land now or formerly of General Construction Company, Inc. and land now or formerly of Pauline B. Crosby; thence southwesterly on said division line a distance of 50.96 feet to a point on said division line; thence southeasterly through land now or formerly of Pauline B. Crosby on a line 200 feet northeast of and parallel to the northeasterly side line of Columbia Road a distance of 307.72 feet to a point on the northwest- erly side line of Stowecroft Road, thence southwesterly on said northwesterly side line of Stowecroft Road a distance of 183.25 feet to a point of curve in said northwesterly side line of Stowecroft Road; thence southwesterly, westerly, and northwesterly on said northwesterly side line of Stowe- croft Road on a curve to the left with a radius of 20 feet a distance of 29.24 feet to the point of beginning and con- taining 88,459 sq. ft. and shown on plan on file in the office of the Town Engineer; Arlington, Mass. entitled: "Plan of Land of Arlington, Mass., Scale 1"=40', Dec. 1945, James M. Keane, Town Engineer."
That for the purpose of such purchase, taking or acquisi- tion the sum of four thousand one hundred and twenty-five ($4,125.00) dollars be and hereby is appropriated; said sum
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to be raised by general tax and expended under the direction of the School Committee.
After much discussion the Previous Question was moved and seconded, and carried.
Thereupon a rising vote was taken which resulted in 159 voting YES and none NO; and the Moderator declared it a unanimous vote.
There being no further business under Article 40, the Moderator declared it disposed of.
Article 41 taken up. (Improvements-Thorndike Street Playground)
On motion duly made and seconded, it was unanimously
Voted that the sum of one thousand (1,000) dollars be and hereby is appropriated for the purpose of constructing a wading pool with water and rain connections on the Thorn- dike Street Playground; 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 41, the Moderator declared it disposed.of.
Article 42 taken up. (Improvements - North Union Street Playground)
The Finance Committee recommended the following:
That no appropriation be made under Article 42 of the Warrant.
Chairman Henderson offered the following substitute motion, duly seconded
That the sum of seven thousand ($7,000) dollars be and hereby is appropriated for the purpose of constructing a combination sanitary, shower and service building at the North Union Street Playground; said sum to be taken from available funds now in the Treasury and expended under the direction of the Board of Park Commissioners.
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Following discussion the Previous Question was moved and seconded, and carried.
Thereupon it was
Voted: That the sum of seven thousand ($7,000) dollars be and hereby is appropriated for the purpose of construct- ing a combination sanitary, shower and service building at the North Union Street Playground; said sum to be taken from available funds now in the Treasury and expended under the direction of the Board of Park Commissioners.
There being no further business under Article 42, the Moderator declared it disposed of.
Article 43 taken up. (Improvements - Robbins Farm Playground)
The Finance Committee recommended the following :
That no appropriation be made under Article 43 of the Warrant.
Chairman Henderson offered the following substitute motion, duly seconded
That the sum of fifteen thousand ($15,000) dollars be and hereby is appropriated for the purpose of grading, loam- ing, seeding and other improvements to a portion of the area known as the Robbins Farm Playground; said sum to be taken from available funds now in the Treasury and ex- pended under the direction of the Board of Park Commis- sioners.
And on being put to a vote the Moderator declared the motion lost.
Thereupon it was unanimously
Voted: That no appropriation be made under Article 43 of the Warrant.
There being no further business under Article 43, the Moderator declared it disposed of.
Article 44 taken up. (Improvements-Summer Street Playground)
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The Finance Committee recommended the following:
That the sum of five thousand (5,000) dollars be and hereby is appropriated for the purpose of grading, loaming, seeding and other improvements to a portion of the area known as the Summer Street Playground; said sum to be raised by general tax and expended under the direction of the Board of Park Commissioners.
And, on being put to a vote the Moderator declared the motion carried.
There being no further business under Article 44, the Moderator declared it disposed of.
Article 45 taken up. (Improvements-Meadow Brook Park)
On motion duly made and seconded, it was unanimously
Voted: That no appropriation be made under Article 45 of the Warrant.
There being no further business under Article 45, the Moderator declared it disposed of.
At ten o'clock p. m. a five minute recess was declared. At 10:07 p. m. the Meeting continued.
Article 46 taken up. (Zoning)
Chairman Knight reported for the Planning Board, and on motion duly made and seconded, it was
Voted: That the Report be received.
Thereupon it was moved and seconded, and
Voted: (unanimously, and so declared by the Moderator)
That the Town rescind the vote taken under Article #54 of the 1945 Annual Town Meeting relative to the Amend- ment of the Town's Zoning By-Law.
There being no further business under Article 46, the Moderator declared it disposed of.
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Article 47 taken up. (Amendment to Zoning By-Law)
Chairman Knight reported for the Planning Board stating
"This proposed amendment is basically the same as that which was accepted by the Town last year with the excep- tion of less restrictive regulations for the rebuilding of non- conforming buildings damaged by fire."
And on motion duly made and seconded, it was
Voted: That the Report be received.
Thereupon it was moved and seconded and
Voted: (unanimously, 143 voting YES and none NO, and so declared by the Moderator
That the Town amend its Zoning By-Law by striking out the whole of the By-Law and inserting in its place the Amendment to Zoning By-Law for the Town of Arlington, Massachusetts, prepared by the Arlington Planning Board and dated March, 1946.
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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 1946, signed by the said Board, or as thereafter amended, and on file with the Town Clerk. Said Map and all explanatory matter thereon 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 be the boundary lines.
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
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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 provi- sions 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 loca- tion of a boundary line, the location of such line shall be determined by the Inspector of Buildings, pro- vided, 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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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 con- struction, alteration, re-location or use of any building or structure, if the building or structure as constructed, al- tered, re-located or used would be in violation of any provi- sion of this by-law. Whenever such permit or license is refused because of some provisions of this by-law, the rea- son therefor 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 property 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 contrary 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 thereof, 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
1. No building hereafter erected, altered substantially
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in its use or extent 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 permit 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 un- less the proposed use of the land and building and all ac- cessory uses comply in all respects with this by-law and no use shall be made of such land or building that is not au- thorized 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 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 member or members shall be so disqualified, or because of absence from the town, or any other cause, he or they shall be unable 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 particular matter. Whenever said associate member or members shall serve, he or they shall have all the powers conferred upon a regular member. If two or more members are absent or disqualified, the Board of Selectmen may appoint substitutes to act during such absence or disqualification. The said Zon- ing Board of Appeals shall organize yearly, choosing a chairman and a secretary.
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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, summon 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 pro- ceedings, showing the vote of each member upon each ques- tion, or, if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons for its deci- sions, and of its other official actions, copies of all of which shall be. immediately filed in the office of the town clerk and shall be a public record, and notice of decisions shall be mailed forthwith to parties in interest as hereinafter desig- nated.
3. Any person aggrieved by the refusal of the Inspector of Buildings to issue a permit or license on the grounds of noncompliance with the Zoning by-laws may appeal to the Zoning Board of Appeals as provided in Chapter 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 unfa- vorably acted upon shall be considered by the Zoning Board of Appeals within two years after the date of such un- favorable action except with the consent of all the mem- bers of the Planning Board.
5. Any person or persons desiring to obtain the permis- sion 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 therefor 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
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days prior to the hearing, send or deliver written notice to 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 this notice shall 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.
Section 4-A. Exceptions and Variances
1. The Zoning Board of Appeals may on petition, in ap- propriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the by- law in harmony with its general purpose and intent, in the following cases :
(a) It may permit in a Residence A District the altera- tion of a single family dwelling as a residence for not more than two families, provided that the ex- ternal appearance of a single family dwelling be retained so far as reasonably practical.
(b). It may permit in a Residence A District or B Dis- trict a hospital, sanitarium or other medical insti- tution.
(c) It may permit the rebuilding, repair or extension of a non-conforming use as provided in Section 7, Paragraph 3.
2. The Zoning Board of Appeals may also authorize variances in particular cases as provided in Section 30 to
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30A of Chapter 40 of the General Laws or acts in amend- ment thereof and in addition thereto. The grant of such variances may be of indefinite duration, or for periods not exceeding one year. Such temporary grants of variances may be renewed from time to time, except that in the case of a new building or of an addition to an existing building, the aggregate of the periods covered by such temporary grants and the extensions thereof shall not exceed two years.
Section 5. Amendments
1. A copy of every petition for the amendment, modifi- cation or repeal of this by-law, including the Zoning Map and the boundary lines of the districts thereon, and of every article submitted or to be submitted to the Selectmen for insertion in the warrant for any Town Meeting relating to any such amendment, modification or repeal, shall be filed with the Planning Board on or before the date when such article is submitted to the Selectmen for insertion in the warrant.
2. The Planning Board, upon the request in writing of not less than ten registered voters of the Town shall, or upon its own initiative may, hold a public hearing for the consideration of any proposed amendment, modification or repeal of this by-law and shall report to the Town Meeting its recommendations with respect to the action to be taken thereon. Notice of such hearing shall be given by publica- tion in a newspaper of general circulation in the town, the first publication to be not less than twenty days before the date assigned for the hearing.
3. No action shall be taken at any Town Meeting upon any proposed amendment, modification or repeal of this by- law unless a public hearing has been held thereon in the manner prescribed in the preceding paragraph, and the re- commendations of the Planning Board have been reported to the Town Meeting, or twenty days have elapsed after such hearing without a submission of a report of its re- commendations by the Planning Board to the Town Meet-
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ing; and no amendment, modification or repeal of this by- law shall be made except by two-thirds vote of a town meeting.
4. No proposed amendment to this by-law which has been unfavorably acted upon by the Town Meeting shall be considered on its merits within two years after the date of such unfavorable action unless the adoption of such an amendment is recommended in the final report of the Plan- ning Board required by Section 27 to 27A of Chapter 40 of the General Laws.
GENERAL PROVISIONS
Section 6. Definitions
1. Unless otherwise expressly stated, the following terms shall for the purpose of this by-law, have the mean- ings indicated.
2. Words used in the present tense include the future. Words used in the masculine gender include the feminine and neuter; and in the feminine or neuter, the masculine. Words used in the singular number include the plural; and in the plural, the singular. "Lot" includes "plot"; "build- ing" includes "structure"; "occupied" includes "designated or intended to be occupied"; and "used" includes "desig- nated or intended to be used."
"Accessory Use" - Is the use of a building or premises for a purpose customarily incidental to a use permitted in the district in which it is located.
"Alteration" - A change in a building which modifies its location, plan, manner of construction or the kind of ma- terials used or in any way varies the character of its use.
"Apartment" - A portion of a building used as a dwelling by one family.
"Apartment House" - Any building containing three or more apartments.
"Basement"-That part of a building which has more than
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one-half of its clear height below the level of the finished grade.
"Boarding House (Home)"- A house in which a regular service of meals is furnished for persons for a remunera- tion.
"Building, existing"- A Building already erected upon the effective date of this by-law.
"Building, new" - A building erected after the effective date of this by-law.
"Building, line" - The line established by law, beyond which a building shall not extend, except as specifically provided by law.
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