USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1959 > Part 10
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There being no further business under Article 62, the Moderator declared it disposed of.
Article 63. (Appropriation to Determine Title to The Great Meadows.)
By consent of the meeting, the motion of the Finance Committee was considered withdrawn, and on the new motion of Kermit C. Streng, Chairman of the Finance Committee, which was seconded, it was
VOTED: That the sum of four thousand dollars $4000.00 be and hereby is appropriated to determine fully the Town's right, title and interest in Town-owned land located in Lexington, and to provide for a land survey and the installation of suitable markers to define the boundaries of said Land; said sum to be raised by general tax and expended under the direction of the Town Manager.
There being no further business under Article 63, the Moderator declared it disposed of.
Article 64. (F'ence and Lighting At Town Yard.)
VOTED: (Unanimously) That the sum of nine thousand eight hundred (9,800) dollars be and hereby is appropriated to erect a fence and install out-door lighting at the Town Yard, 1083 Massachu- setts Avenue, said sum to be raised by general tax and expended under the direction of the Town Manager.
There being no further business under Article 64, the Moderator declared it disposed of.
Article 65. (Purchase of Railroad Proprety - Lake Street. )
VOTED: (Standing Vote-184 in the affirmative, 8 in the negative) That the Board of Selectmen be and hereby is authorized and empowered on behalf of the Town to acquire by purchase, eminent domain or otherwise for municipal purposes, the parcel of land with the buildings thereon hereinafter described, any portion thereof, any interest or easements therein and any rights or ease- ments of way or otherwise as appurtenant thereto; and subject to or with reservation of any rights or easements therein; and for this purpose the sum of four thousand five hundred (4,500) dollars be and hereby is appropriated, said sum to be raised by general tax and expended under the direction of the Board of Selectmen.
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Said land is bounded and described as follows:
Beginning at a point on the northerly side line of Lake Street, at the easterly boundary line of the property numbered 75-77 Lake Street, thence northwesterly by Lot B a distance of 62.0 feet to an angle point, thence northwesterly by Lot B and Lot 2 a distance of 68.35 feet to an angle point, thence northwesterly by Lot 3 and part of Lot 4 a distance of 60.0 feet to an angle point, thence north- easterly by part of Lot 4, Lot 5 and part of Lot 6 a distance of 114.75 feet to an angle point, thence northeasterly by part of Lot 6 and through part of the Boston & Maine right-of-way a distance of 39 feet more or less to an angle point, thence southeasterly on a line 18 feet easterly of and parallel to the westerly side line of the Boston & Maine right-of-way a distance of 313 feet more or less to a point on the northerly side line of Lake Street, thence westerly on said northerly side line of Lake Street, a distance of 44 feet more or less to the point of beginning and containing 16,000 square feet as shown on block plan #7 on file in the office of the Town Engineer, Arlington, Massachusetts.
There being no further business under Article 65, the Moderator declared it disposed of.
Article 66. (Taking of a Portion of Mill Brook.)
VOTED: (Unanimously) That the Board of Selectmen be and hereby is authorized and empowered on behalf of the Town to acquire by purchase, eminent domain, or otherwise, a portion of Mill Brook, from Park Avenue to the Arlington Reservoir for flood control pur- poses and any land adjoining said brook which may be necessary for the aforesaid purpose as hereinafter described, any portion there- of, any interests or easements therein and any rights or easements of way or otherwise as appurtenant thereto; and subject to or with reservation of any rights or easements therein; and that for this purpose the sum of one hundred (100) dollars be and hereby is appropriated; said sum to be raised by general tax and expended under the direction of the Board of Selectmen.
Said land is bounded and described as follows:
Beginning at the rear of the building numbered 47-53 Park Avenue, the center line of the taking coincides with the center line of Mill Brook and is 15 feet in width, thence the center line of the taking is produced northwesterly at right angles to Park Avenue, a distance of 18.0 feet to a point of curve, thence north- westerly and westerly on said center line on a curve to the left with a radius of 58.0 feet a distance of 38.52 feet to a point of tangency, thence westerly on said center line a distance of 69 feet, thence westerly on said center line on a curve to the right with a radius of 215 feet a distance of 19.99 feet to a point of tangency (taking width at this point 15.0 feet), thence westerly on said center line a distance of 96.0 feet to a point of curve at the division line between Lot A2 and Lot 1 and 2 (taking width at this point 22 feet), thence westerly and northwesterly on said center line on a curve to the right with a radius of 178 feet a distance of 141.96 feet to a point of tangency, thence northwesterly on said center line a distance of 186 feet to a point of curve (taking width
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at this point 20 feet), thence northwesterly on said center line on a curve to the left with a radius of 113 feet a distance of 58.65 feet to a point of tangency, thence northwesterly on said center line a distance of 271 feet to a point at the end of the proposed taking? with a width of 20 feet said point being 30.0 feet southwesterly of the point of intersection of the center line of the Boston & Maine R. R. location and the southeasterly side of the Mill Brook culvert as shown on a plan on file in the office of the Town Engineer entitled, "Taking Plan of Mill Brook, Arlington, Mass. Scale 1" = 40', February 1959, W. H. Roby, Town Engineer.
There being no further businesss under Article 66, the Moderator declared it disposed of.
Article 67. (Transfer of Cemetery Funds.)
VOTED: (Unanimously) That the sum of five thousand (5000) dollars be and hereby is transferred from Mount Pleasant Cemetery Sale of Lots and Graves fund to the Cemetery Commissioners for the improvement of the Town Cemetery.
There being no further business under Article 67, the Moderator declared it disposed of.
Article 68. (Transfer of Cemetery Funds.)
VOTED: (Unanimously) That the sum of one thousand (1000) dollars be and hereby is transferred from Mount Pleasant Cemetery Sale of Lots and Graves fund to the Cemetery Commissioners for the purchase of burial rights.
There being no further business under Article 68, the Moderator declared it disposed of.
Article 69. (Connection of School Fire Alarms to the Fire Department System.)
VOTED: That the sum of nine thousand eight hundred eighty (9,880) dollars be and hereby is appropriated to convert the existing manual interior fire alarm systems to an automatic call system in all schools not presently connected with the Fire Department in order to provide immediate contact with the Fire Department when an inside fire alarm station is activated; said sum to be raised by general tax, and expended under the direction of the Town Manager.
There being no further business under Article 69, the Moderator declared it disposed of.
Article 70. (Acceptance of A Gift.)
VOTED: (Unanimously) That the Town of Arlington does accept a gift to the Town of a sum of money as set forth in Clause Fourth of the Will of Henry E. Dodge; said sum of money to be expended under the direction of the Trustees of Robbins Library.
There being no further business under Article 70, the Moderator declared it disposed of.
Article 71. (Elevator in Robbins Library.)
By consent of the meeting, the motion of the Finance Com-
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mittee was considered withdrawn, and on the new motion of Kermit C. Streng, Chairman of the Finance Committee, which was seconded, it was
VOTED: That the sum of ten thousand (10,000) dollars be and hereby is appropriated to furnish and install an elevator in the Robbins Library, including any reconstruction work which may be necessary to house such installation; said sum to be raised by general tax and expended under the direction of the Town Manager.
There being no further business under Article 71, the Moderator declared it disposed of.
Article 72. (Appointment of Committee - Re-Radio Broad- casting System.)
VOTED: (Unanimously) That the Moderator be and hereby is authorized and directed to appoint a committee of five, comprised of the Chief of Police, the Chief of the Fire Department, the Direc- tor of Civil Defense and two Registered Voters of the Town experi- enced in radio communications to investigate, consider and make recommendations relative to the replacement of the Town's radio broadcasting and receiving system in accordance with the directives contained in Docket 12295 of the Federal Communications Commis- sion, said committee to report not later than the 1960 Annual Town Meeting; and that the sum of one hundred (100) dollars be and hereby is appropriated for the use of said committee, said sum to be raised by general tax.
There being no further business under Article 72, the Moderator declared it disposed of.
Article 73. (Appropriation - Arlington Brotherhood Com- mittee. )
VOTED: That the sum of three hundred (300) dollars be and hereby is appropriated for the use of the Arlington Brotherhood Committee; said sum to be raised by general tax and expended under the direction of the Arlington Brotherhood Committee.
There being no further business under Article 73, the Moderator declared it disposed of.
Article 74. (Appropriation - Re-Swimming Conditions At Arlington Heights Reservoir Beach.)
VOTED: That the sum of six thousand (6,000) dollars be and hereby is appropriated for cleaning, leveling, and graveling of a beach, and possible aeration of the water at the Arlington Heights Reservoir Beach; said sum to be raised by general tax and expended under the direction of the Committee on Swimming Con- ditions at Arlington Heights Reservoir Beach and the Town Manager.
There being no further business under Article 74, the Moderator declared it disposed of.
Article 75. (Sanitary Sewer - Churchill Avenue. )
VOTED : (Unanimously) That the sum of six thousand eight hundred eighty (6,880) dollars be and hereby is appropriated for the installation of a sanitary sewer to service the lower end of Churchill Avenue, adjacent to Menotomy Rocks Park, including an outlet sewer through Menotomy Rocks Park to Jason Street; said sum to be raised by general tax and expended under the direction of the Town Manager.
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There being no further business under Article 75, the Moderator declared it disposed of.
Article 76. (Acceptance of General Laws.)
VOTED : That no action be taken under Article 76 of the Warrant.
There being no further business under Article 76, the Moderator declared it disposed of.
Article 77. (Proposed Alteration of Zoning Map - Area in Rear of Massachusetts Avenue. )
John B. Byrne, Jr., Chairman of the Planning Board, reported for the Planning Board and on his motion, duly made and seconded, it was
VOTED: That the report be received.
Thereupon, on motion duly made and seconded, it was
VOTED : (Unanimously) That the Town amend its Zoning By-Law by altering the zoning map therein referred to so as to include in the Residence C District the area now included partly in the Residence B District and partly in the Residence A District, bounded and described as follows:
1. Southwesterly of Massachusetts Avenue, from Boulevard Road to Whittemore Street, the area between the present Business A and B Districts, and a line 300 ft. southwesterly of, parallel to and concentric with, the southwesterly side line of Massachusetts Avenue.
2. Northeasterly of Massachusetts Avenue, from the North- westerly side of the Industrial District of Sunapee Road to Broad- way near Franklin Street, the area between the present Business A and Residence C Districts and a line 300 ft. northeasterly of, parallel to and concentric with, the northeasterly side line of Massachusetts Avenue.
3. Southwesterly of Massachusetts Avenue, from Academy Street to Davis Road, the area between the present Business A and Residence C Districts and a line 300 ft. southwesterly of, parallel to and concentric with, the southwesterly side line of Massachusetts Avenue and to include the present Residence A District east and west of Appleton Street and excluding the School property known as the Cutter School, between Robbins Road and School Street.
4. Northeasterly of Massachusetts Avenue, from Clark Street to the easterly side of the Industrial District east of Mill Lane, the area between the present Business A District and the center line of Pierce Street and the northwesterly extension thereof.
There being no further business under Article 77, the Moderator declared it disposed of.
Article 78. (Proposed Amendment of Zoning By-Law.)
John B. Byrne, Jr., Chairman of the Planning Board, reported for the Planning Board and on his motion, duly made and seconded, it was
VOTED: That the report be received.
Thereupon, on the motion of the Planning Board, as amended by the motion of John B. Byrne, Jr. Chairman (which motion was duly seconded, voted and declared by the Moderator to have carried unanimously), that the town amend its Zoning By-Law by striking out the present by-law and inserting in place thereof the by-law pro- posed by the Planning Board, as follows:
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ZONING BY-LAW FOR THE TOWN OF ARLINGTON MASSACHUSETTS
PURPOSE
The purpose of this by-law is to promote health, safety, convenience, morals and welfare of the inhabitants of the Town of Arlington; to lessen congestion in the streets; to conserve health; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of popu- lation ; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public require- ments; to conserve the value of land and buildings; to en- courage the most appropriate use of land throughout the town; and to preserve and increase the amenities of the municipality.
DISTRICTS
Section 1. Establishment of Districts
For the purposes of this by-law, the Town of Arlington is hereby divided into districts of seven classes, to be known as :
1. Residence A Districts
2. Residence B Districts
3. Residence C Districts
4. Residence D Districts
5. Business A Districts
6. Business B Districts
7. Industrial Districts
Said districts are as shown, defined and bounded on the Map accompanying this by-law, entitled "Zoning Map of the Town of Arlington, Massachusetts, prepared under the Direction of the Planning Board", dated March, 1959, 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.
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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 indi- cated 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 aproximately parallel thereto shall be re- garded 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 loca- tion 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 pro- vided in Section 4.
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 be- cause of some provisions of this by-law. the reason 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 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
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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 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 unless the proposed use of the land and building and all accessory uses comply in all respects 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 members 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
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members shall, in a written statement, filed with the secre- tary, 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 dis- qualification. The said Zoning Board of Appeals shall organ- ize yearly, choosing a chairman and a secretary.
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 Zon- ing 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 proceedings, show- ing 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 immedi- ately 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 designated.
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 40A 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 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 reasonable time, hold a public hearing thereon, seven days' public notice of which shall be given.
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6. The Zoning Board of Appeals shall also, at least ten 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 con- nection 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 matter, 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 appropriate 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 dwellng 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 in- stitution.
(c) It may permit the rebuilding, repair or extension of a non-conforming use as provided in Section 7, Paragraph 3.
(d) It may permit in any District a particular use hereinafter specifically set forth as being permissi- ble in the class of District in question if approval of said Board be obtained.
2. The Zoning Board of Appeals may also authorize variances in particular cases as provided in Section 13 to and including 21 of Chapter 40-A of the General Laws or acts in amendment thereof and in addition thereto. The grant of such variances may be of indefinite duration, or for periods
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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.
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