From rlcarr at rlcarr.com Sun May 4 13:38:03 2008 From: rlcarr at rlcarr.com (Rich Carreiro) Date: Sun, 4 May 2008 13:38:03 -0400 (EDT) Subject: [Town Meeting] Bishop parents/PTO bake sale Monday night Message-ID: Ms. Mahon passes word to me that at tomorrow night's TM session there will be a Bishop parents/PTO bake sale. Editorializing a bit, I hope that won't be the last one this TM. :) -- Rich Carreiro rlcarr at rlcarr.com From jlobel at rcn.com Wed May 7 14:49:59 2008 From: jlobel at rcn.com (Josh Lobel) Date: Wed, 07 May 2008 14:49:59 -0400 Subject: [Town Meeting] another substitute motion on article 25 In-Reply-To: <043020081337.15763.48187633000CC58900003D932216554886020A0B9D01990D9F@comcast.net> References: <043020081337.15763.48187633000CC58900003D932216554886020A0B9D01990D9F@comcast.net> Message-ID: <4821F9D7.7040608@rcn.com> I appreciate Ms. Band's desire to eliminate gas leaf blowers for environmental reasons. Several cities in California have done this, and several states have discussed doing it. A quick google search clearly indicates that the 2-cycle gas engines that power many gas powered leaf blowers are excessive polluters. Since it is very difficult to differentiate between newer cleaner engines, and older polluting engines, I think it is reasonable to send the signal that we do not want to our air polluted. However, this can't be done overnight. It must be done in time to give providers and consumers time to change their practices. Thanks for your consideration, Josh Pct 8 -------------- next part -------------- A non-text attachment was scrubbed... Name: addition to leaf blowers article 5.7.08 (00007297).doc Type: application/msword Size: 25088 bytes Desc: not available Url : From smithsteiner at comcast.net Wed May 7 23:22:55 2008 From: smithsteiner at comcast.net (Scott Smith and Karen Steiner) Date: Wed, 7 May 2008 23:22:55 -0400 Subject: [Town Meeting] Article 28: Amendment to the substitute motion Message-ID: <006901c8b0ba$cecce800$6c66b800$@net> Here is the amendment that I made this evening: Add the following to Title VIII, Article 2, Section 2: "Notwithstanding other provisions in these Bylaws, all dogs upon any public way open to motor vehicle or bicycle use, including the Minuteman Bikeway, must be restrained at all times with a chain or leash extended to no more than six (6) feet in length. " Scott Smith, precinct 5 -------------- next part -------------- An HTML attachment was scrubbed... URL: From jcurro at alumni.tufts.edu Mon May 12 16:42:04 2008 From: jcurro at alumni.tufts.edu (Joseph A. Curro, Jr.) Date: Mon, 12 May 2008 16:42:04 -0400 Subject: [Town Meeting] Proposed Amendment to Substitute Motion of A. Michael Ruderman on Article 28 Message-ID: <79620e1d0805121342u15cc528bsef49383de005fbf4@mail.gmail.com> Attached is a copy of an amendment, which I plan to offer this evening. Joe Curro Precinct 15 -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: AmendmentToArticle28.pdf Type: application/pdf Size: 326634 bytes Desc: not available Url : From abtosti at rcn.com Sat May 17 10:07:43 2008 From: abtosti at rcn.com (Allan and Barbara Tosti) Date: Sat, 17 May 2008 10:07:43 -0400 Subject: [Town Meeting] Article 60 Minuteman RSD Assessment Message-ID: <005a01c8b827$60d44ae0$6600a8c0@owner56cd664ed> I will move to take up the Minuteman budget on Wednesday, May 21st. The new Superintendent will be attending the meeting and available for questions. The budget materials will be available on Monday night. Allan Tosti Chair FinCom -------------- next part -------------- An HTML attachment was scrubbed... URL: From CConnolly at town.arlington.ma.us Sun May 18 11:51:37 2008 From: CConnolly at town.arlington.ma.us (Christine Connolly) Date: Sun, 18 May 2008 11:51:37 -0400 Subject: [Town Meeting] Town Counsel-John Maher's Retirement Party Message-ID: I will be available to collect checks for John Maher's Retirement Party during the Monday TM break. The Retirement Party will be held on Tuesday, May 27th from 6-8pm in the Town Hall Gardens. The cost to attend is $35 per person and checks can be made payable to: Arlington Retirement Party Committee. For more information: http://www.arlingtonma.gov/Public_Documents/ArlingtonMA_CommCalendar/S0141F896-0141FC6E?formid=161 Thank you, Christine Connolly Director of Health and Human Services Town of Arlington 27 Maple Street Arlington, MA 02476 phone: 781-316-3170 fax: 781-316-3175 www.arlingtonma.gov -------------- next part -------------- An HTML attachment was scrubbed... URL: From ron_spangler at verizon.net Sun May 18 20:13:00 2008 From: ron_spangler at verizon.net (Ron Spangler) Date: Sun, 18 May 2008 20:13:00 -0400 Subject: [Town Meeting] School Facilities Working Group report Message-ID: <0K13004GR9Y0C2R8@vms048.mailsrvcs.net> Fellow Town Meeting Members, Attached please find this year's report of the SFWG. Hardcopies should be available in the hall tomorrow as well. Best, Ron Spangler Pct 15 -------------- next part -------------- A non-text attachment was scrubbed... Name: SFWG Report to 2008 Town Meeting FINAL.pdf Type: application/pdf Size: 53236 bytes Desc: not available Url : From jlobel at rcn.com Tue May 20 22:40:13 2008 From: jlobel at rcn.com (Josh Lobel) Date: Tue, 20 May 2008 22:40:13 -0400 Subject: [Town Meeting] Bake Sale at Town Meeting tomorrow night Message-ID: <48338B8D.7070603@rcn.com> Good news! The Ottoson Parent Advisory Council (OPAC) will host a bake sale at town meeting tomorrow night. Word is they'll have coffee too. Plan your calories accordingly! Josh From abtosti at rcn.com Wed May 21 07:51:34 2008 From: abtosti at rcn.com (Allan and Barbara Tosti) Date: Wed, 21 May 2008 07:51:34 -0400 Subject: [Town Meeting] OPEB Articles Message-ID: <003301c8bb39$04fc9050$6600a8c0@owner56cd664ed> Dear Town Meeting Members: Attached is the amendment that will be proposed to the Town Meeting on Wednesday night to clear up the confusion on the OPEB articles. The problem is not with the FinCom recommendation on Article 44, but with the insurance budget. The State statute was not well written and requires that all benefits for retirees go through this new account created by this article. The Town Counsel agrees that there is nothing illegal in the FinCom proposal, but that we have to require that the benefit premiums for retirees be paid through this new account. That is what the amended budget does and the language has been agreed to by Town Counsel, the Town Manager, Comptroller and Treasurer. The procedure that I will recommend to you on Wednesday night is to finish the budgets first, including this amendment to the Insurance budget. If we can finish the budgets reasonably quickly, reconsideration of Article 44 will be moved and voted and then we will move to Minuteman. If the budgets take too long, we can move right to Minuteman and then OPEB. If we can finish the budgets, Minuteman and the OPEB articles on Wednesday, it will be a good night. I want to thank the many officials for working hard to find a solution, Al Tosti Chair Finance Committee -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: FY2009 AJ 080425 FINAL with Corrections - Insurance page.pdf Type: application/pdf Size: 20201 bytes Desc: not available Url : From NGalkowski at town.arlington.ma.us Thu May 22 15:24:01 2008 From: NGalkowski at town.arlington.ma.us (Nancy Galkowski) Date: Thu, 22 May 2008 15:24:01 -0400 Subject: [Town Meeting] Article 16 Home Rule Legislation / Subdivision Control Law Message-ID: Dear Town Meeting Members, At last night?s Town Meeting, May 21, 2008, Clarissa Rowe, Chairman, Board of Selectmen indicated that material relative to Article 16 ? Home Rule Legislation / Subdivision Control Law would be posted on the Town of Arlington?s website. It is anticipated that this article will be discussed on Wednesday, May 28, 2008. The direct link to that material is provided below. http://www.arlingtonma.gov/Public_documents/ArlingtonMA_TownMeet/2008ATM/voting/boardofsurvey/index Thank you, Nancy T. Galkowski Deputy Town Manager Town of Arlington, MA Phone: 781-316-3010 Fax: 781-316-3019 E-Mail: ngalkowski at town.arlington.ma.us Website: arlingtonma.gov ***************************************************************************** When writing or responding, please be aware that the Massachusetts Secretary of State has determined that most e-mail is a public record and, therefore, may not be kept confidential. -------------- next part -------------- An HTML attachment was scrubbed... URL: From KOBrien at town.arlington.ma.us Tue May 27 16:38:55 2008 From: KOBrien at town.arlington.ma.us (Kevin O'Brien) Date: Tue, 27 May 2008 16:38:55 -0400 Subject: [Town Meeting] Draft Proposed Vote, Article 16 Message-ID: Proposal by Board of selectmen Regarding Warrant Article 16 home rule legislation / subdivision control law In the interest of time, the following summary and proposed home rule legislation (act) are being released for review prior to the Board of Selectmen voting to recommend this to Town Meeting. The Board will meet at 6:30 PM on May 28, 2008 to give final consideration to this warrant article. Overview of Proposed Arlington Board of Survey Law May 27, 2008 The intent of this proposed law is to create a fair and efficient system to review the impacts of small-scale residential subdivisions (fewer than 6 units), replacing the current Board of Survey law that was adopted in 1897, but without imposing the complexities and costs of the state subdivision control law, M.G.L. ch. 41, ?? 81K ? 81GG (the ?SCL?). The current board of survey law was adopted in 1897, and it has remained essentially unchanged ever since. The law has significant drawbacks. It limits the board?s jurisdiction to the location, direction, width and grade of roadways, so that the board cannot review utilities, drainage, or environmental issues. The burden of review is placed on the Board of Selectmen. Although the SCL does provide a broader scope of review, it too has drawbacks that make it less than desirable for the town. The SCL contains detailed and complex requirements for multiple stages of plan review, and for the recording of those plans, that are more appropriate for very large subdivisions with 100 or more lots. The SCL is not explicit on a board?s ability to review environmental issues. Review under the SCL is entirely independent of zoning review, imposing the costs of multiple procedures on the same project. Finally, the SCL contains the longest provisions for vested rights of any statute in the entire country (8 years) ? potentially frustrating the ability of the town to implement sound new land use policies through changes in its zoning. For these reasons, the proposed law adopts the most valuable provisions of the SCL, but in a form that is much shorter, simpler, and more efficient. The proposed law contains 13 sections, as opposed to 23 sections in the SCL, and the text is only about one-third the length of the SCL. However, the law does adopt wherever possible the language of the SCL, so that all parties can look to current practice and prior court decisions under the SCL in interpreting the proposed law. Here are key provisions of the proposed law: ? The law is a regulatory system, requiring review and approval of developments by the Arlington Redevelopment Board (the ?board?), in its capacity as the town?s Board of Survey. A certified copy of the board?s decision would be recorded with the registry of deeds, in the same manner as a zoning special permit. ? The law affects the same types of development as the SCL: subdivisions of land into two or more lots, where the lots do not have adequate access and frontage from an existing way. Like the SCL, the law would not require review of the subdivision of ?approval not required (ANR)? lots that have adequate existing frontage. ? Like the SCL, the law would involve the review of roadways, utilities, drainage, and other site improvements. The law is more explicit than the SCL in addressing the protection of environmental resources, and in furthering the goals of the town?s plans and policies. ? Developments that already are subject to board review under zoning, through a special permit or other process (including all residential projects with 6+ units), would consolidate their review with the zoning process, and the procedures and timelines of zoning would govern. ? The law provides for more limited vested rights of approved developments, compared with the SCL: approved developments would be protected against subsequent zoning changes for a period of three years from the date of approval. Section-by-Section Summary Section 1: Preamble. The law would effectively replace the existing Board of Survey law, adopted in 1897. Section 2: Definitions. The key definitions of ?development? and ?way? clarify that the board?s jurisdiction will be triggered when a tract of land is subdivided into two or more lots that require the construction of a private way to satisfy the access and frontage requirements of zoning. Section 3: Purposes of Law. The purposes are similar to those of the SCL, but with greater emphasis on environmental protection and advancing the goals of local plans and policies. Section 4: Rules and Regulations. As with the SCL, the board has the power to adopt rules and regulations that contain detailed requirements for the contents of submissions, the design and construction of site improvements, and the board?s procedures and review standards. Section 5: Submission and Review of Plans. The provisions for review and approval of plans after public notice and hearing are adopted from those of the SCL. , including the requirement for abutter notice. For developments located within a historic district, the historic district commission will receive a copy of the plan and the opportunity to comment to the board. However, the requirement for abutter notice is broader, as under zoning (abutters to abutters within 300 feet), and the time period for review is considerably shorter ?the board must issue its decision within 60 days of the filing, or the plan is deemed approved. This compares with 135 days under the SCL. Section 6: Waivers. As under the SCL, the board may waive provisions of the law or its rules and regulations where such action is in the public interest. Section 7: Modification of Plans. The plan modification provisions are adopted from those of the SCL. A specific clause has been added to allow administrative review of minor modifications, without the need for public notice and hearing. Section 8: Consolidated Review. Developments that already are subject to board review under zoning, through a special permit or other process (including all residential projects with 6+ housing units), would consolidate their review with the zoning process into a single hearing, and the procedures and timelines of zoning would govern. This means that the law would only substantially affect subdivisions with fewer than 6 housing units. The law does not affect the jurisdiction of the zoning board of appeals. For developments located within a historic district and requiring review and approval by the historic district commission, the two agencies will receive the same application and hold a joint hearing, but without limiting the ability of each agency to make a decision under its own bylaw. Section 9: Security. As under the SCL, the board may impose conditions and require the posting of security to ensure that site improvements are completed in accordance with its approval and within a specified time period. Section 10: Enforcement. As under the SCL, the local building inspector would not be permitted to issue building permits for developments that fail to comply with the law. Section 11: Vested Rights. The law provides for more limited vested rights of approved developments, compared with the SCL: approved developments would be protected against subsequent zoning changes of which there had been no prior notice, so long as construction of the ways and other site improvements has been completedbegins within three years from the date of approval. By contrast, under the SCL any development on a tract of land is protected against subsequent zoning changes for eight years after the date of approval ? even if the approved development plan is entirely changed. Section 12: Appeals. As under the SCL, appeals must be filed with the superior court or land court within 20 days of the decision. A court will decide whether the board?s decision is supported by the evidence, rather than the more lengthy and costly process of rehearing the entire case under de novo review. Section 13: Application of law; damages; other powers of board; severability; effective date. These provisions are adopted from those of the SCL. The law would take effect immediately upon passage. AN ACT ESTABLISHING THE ARLINGTON REDEVELOPMENT BOARD AS THE BOARD OF SURVEY IN THE TOWN OF ARLINGTON SECTION 1: PREAMBLE Notwithstanding any general or special law to the contrary, including, without limitation, any provision of Chapter 41 of the General Laws, including Sections 81K through Section 81GG of the subdivision control law, the provisions of Chapter 247 of the Acts of 1897 establishing a Board of Survey in the Town of Arlington, Chapter 738 of the Acts of 1971 establishing the Arlington Redevelopment Board for the Town of Arlington and Chapter 503 of the Acts of 1952 establishing a Town Manager Form of Government for the Town of Arlington as each has been from time to time amended, there is hereby established a Board of Survey for the Town of Arlington. The Arlington Redevelopment Board shall constitute the Board of Survey. The responsibility of such Board shall be to protect the safety, convenience and welfare of the inhabitants of the Town, in regard to the laying out and construction of private ways. The process of the Board?s review will be initiated by the filing of a plan of the proposed development. SECTION 2: DEFINITIONS The following words shall have the following meaning, unless a contrary intention clearly appears:? ?Applicant? shall include an owner or his agent or representative, or his assigns. ?Board? shall mean the Arlington Redevelopment Board, acting in its capacity as the Board of Survey under this law. ?Commission? shall mean the Arlington Historic District Commission. ?Day? shall mean a calendar day. ?Development? shall mean the division of a tract of land into two or more lots, where such division shall require the construction of one or more ways to ensure the development?s compliance with the access and/or frontage requirements of the town?s zoning by-law, and provided that a deed evidencing such division has not been recorded at the registry of deeds prior to the effective date of the law. ?Lot? shall mean an area of land in one ownership, with definite boundaries, used, or available for use, as the site of one or more buildings. ?Notice? shall mean, for the purposes of the law, publication in a newspaper of general circulation in the Town of Arlington once in each of two successive weeks, the first publication to be not less than fourteen days before the day of the hearing, and posting such notice in a conspicuous place in the town hall for a period of not less than fourteen days before the day of the hearing. ?Plan? shall mean a plan of the private way or ways and the development that such ways will serve, including all utilities, drainage systems, and other site improvements, together with such elements of an application as the board may require, and submitted to the board for its approval in accordance with the provisions of the law and the board?s rules and regulations. ?Registered mail? shall mean registered or certified mail. ?Registry of deeds? shall mean the Middlesex County (Southern District) Registry of Deeds, or, for registered land, the Middlesex County (Southern District) Registry District of the Land Court. ?Utility? shall mean public or private utilities serving a development, including water, sewerage, gas, and electricity. ?Way? shall mean a private way that provides access to one or more lots, the construction of which is required to ensure the compliance of a development with the access and frontage requirements of the town?s zoning by-law. SECTION 3: PURPOSES OF LAW The law has been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of the town by regulating the laying out and construction of ways in developments, and to further other public purposes including the provision of adequate utility services and the protection of environmental resources. The Board shall require, inter alia, that such plan for the laying out of ways, utilities, drainage, and other site improvements shall be drawn with due consideration of the following factors: To mitigatelessen congestion in such ways and adjacent private or public ways. To secure the public safety in the case of fire, flood, or other public emergencies and to ensure adequate emergency vehicle access for police, fire, and other municipal services. To ensure compliance with the zoning bylaw. To secure adequate provision for access to the town?s water supply. To secure adequate provision of sanitary sewer service, utility services and street lighting. To provide for adequate curbs, sidewalks and side slopes as appropriate. To apply design standards for the grade, width, direction and location of such roadways. To ensure adequate protection of environmental resources, including open spaces, vegetation, and wildlife habitat, along with provisions for storm water management and drainage to prevent flooding and protect water quality. To advance the goals of the town?s comprehensive plan, its open space plan, and any special or district plan or policy. SECTION 4: rules and regulations The board is authorized and directed to adopt and from time to time thereafter to amend, after notice and a public hearing, rules and regulations in furtherance of the purposes stated in Section 3 herein. Such rules and regulations may prescribe the size, form, contents, style and number of copies of plans and the standards and procedures for the submission and approval thereof. The rules and regulations may permit the board to impose a fee in an amount calculated to pay the cost of any engineering, inspection or other services directly related to the proposed development. A true copy of the rules and regulations, with their most recent amendments, shall be kept on file available for inspection in the office of the board, and in the office of the town clerk. Once a plan has been submitted to the board, and written notice has been given to the town clerk and until final action has been taken thereon by the board or the time for such action has elapsed, the rules and regulations governing such plan shall be those in effect at the time of the submission of such plan. SECTION 5: SUBMISSION AND REVIEW OF PLANS No person shall construct any way on a development unless he has first submitted to the board for its approval a plan of such ways and development and the board has approved such plan in the manner hereinafter provided. After the approval of a plan the location and configuration of ways, utilities, drainage systems, and other site improvements shown thereon shall not be changed unless the plan is amended accordingly as provided herein. A plan shall be submitted under this section when delivered by hand to the boardtown clerk, with a copy to the town clerkboard. The clerk shall, if requested, give a written receipt therefor to the person who delivered the plan. Before approval, modification and approval, or disapproval of the plan is given, notice shall be given and a public hearing shall be held by the board. In addition to the notice requirements of Section 2, the applicant shall mail, at its own expense, notice to all owners of land appearing on the most recent tax list and abutting the parcel of land being developed and to abutters to the abutters within 300 feet of the property line of the parcel, as such owners appear on the most recent tax list, and to such other persons as the board shall identify in its sole discretion. If the development is located in whole or in part within a local historic district, the applicant shall submit a copy of the plan to the Historic District Commission, which may submit comments on the plan to the board prior to or during the public hearing. After the hearing, the board shall approve by a vote of the majority of the board?s members, or, if such plan does not comply with the law or the rules and regulations of the board, shall modify and approve or shall disapprove such plan. In the event of disapproval, the board shall state in detail wherein the plan does not conform to the rules and regulations of the board. Within less than 15 days of a disapproval, the applicant may resubmit an amended plan, and the board shall revoke its disapproval without prejudice and approve within 60 days of such resubmission a plan which, as amended, conforms to such rules and regulations or recommendations. The board shall file a certified copy of its action with the town clerk within 15 days of its decision, and it shall send notice of such action by registered mail, postage prepaid, to the applicant at his address stated on the application. The failure of the board either to take final action regarding a complete plan submitted by an applicant within 60 days after such submission, or such further time extension as may be agreed upon at the written request of the applicant, or to file with the town clerk a certified copy of such action within a further 15 days, shall be deemed to be an approval thereof. Notice of such extension of time shall be filed forthwith by the board with the town clerk. The board?s approval of a plan, or any modification, amendment, or renewal thereof, shall not take effect until a copy of the decision bearing the certification of the town clerk that 20 days have elapsed after the decision has been filed in the office of the town clerk and that no appeal has been filed, or if it is a plan which has been approved by reason of the failure of the board to act thereon within the time prescribed, a copy of the application accompanied by the certification of the town clerk stating the fact that the board failed to act within the time prescribed, and that no appeal has been filed within that time, and that the grant of the application resulting from the failure to act has become final, is recorded in the registry of deeds and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner?s certificate of title. SECTION 6: Waivers The board may in any particular case, where such action is in the public interest and not inconsistent with the intent and purpose of the law, waive strict compliance with its rules and regulations, upon such conditions as it may reasonably impose. SECTION 7: ModificationS of plans The board may on its own motion, or on the petition of any person interested, have the power to modify, amend or rescind its approval of any plan or to require a change in a plan as a condition of its retaining the status of an approved plan, in accordance with the standards and procedures set forth in Section 5 and subject to all other provisions of the law. No such modification, amendment or rescission of the approval of a plan or change in such plans shall affect lots in such development which have been sold or mortgaged for valuable consideration without the approval of the owner of such lots and the mortgagee in question. The board may identify, in its rules and regulations or as a condition of a plan approval, categories of minor modifications that may be reviewed and approved administratively, without the requirements for notice and public hearing set forth in Section 5. A minor modification shall not affect the vested rights of a plan accruing under Section 11. SECTION 8: CONSOLIDATED REVIEW If a development is otherwise subject to review by the board under the special permit or other provisions of the zoning by-law, then the review of the development for the purposes of this law shall be consolidated with such zoning review into a single hearing, and the time periods and other procedures of such zoning review shall govern. However, the board?s decision in such zoning review shall incorporate all of its powers of review set forth in this law and the board?s rules and regulations. If the development is located in whole or in part within a local historic district, the applicant shall submit a copy of the plan to the commission, along with such other materials as the commission may require for an application pursuant to its own by-law. If the commission determines within 14 days, in accordance with Section 11 of M.G.L. ch. 40C, that the development involves any features which are subject to its approval, then the review of the development for the purposes of this law shall be consolidated with such historic district review into a single hearing, and the time periods and other procedures of such historic district review shall govern. The commission and the board shall alternate the chair from one hearing to the next. Notwithstanding the consolidated review procedure, nothing in this section shall expand or limit the powers of the board and the commission each to render a decision pursuant to its own bylaw, nor shall anything in this section limit the power of the commission to subsequently review any building or structure, the design of which had not yet been determined as of the time of the consolidated review. SECTION 9: SECURITY As a condition of its approval of a plan, the board may require such security as it deems necessary to guarantee the completion of proposed improvements and the time within which such improvements shall be completed. Such security may include one or all of the following methods: (1) a proper bond; (2) a deposit of money, letter of credit, or negotiable securities; (3) a covenant, executed and duly recorded by the owner of record, running with the land; or (4) an agreement executed after the recording of a first mortgage covering the premises shown on the plan or a portion thereof, which agreement shall be executed by the applicant and the lender and shall provide for the retention by the lender of funds sufficient in the opinion of the board and otherwise due the applicant, to secure the completion of proposed improvements. All work shall be subject to the approval of the Town Engineer. Such security shall from time to time be reduced or increased by the board so that the amount bonded, deposited or retained continues to reflect the actual expected cost of work remaining to be completed. Upon the completion of the improvements in accordance with the rules and regulations of the board and the conditions of the board?s approval of the plan, and subject to the approval of the Town Engineer, the board shall, upon written request by the applicant, agree to release the security. If the Town Engineer determines that said improvements have not been completed, the board shall so specify in a notice sent by registered mail to the applicant and to the town clerk. Upon failure to issue such agreement or notice within 45 days after the receipt by the board of the applicant?s request, all obligations under the bond shall cease and terminate by operation of law, any deposit shall be returned, and any such covenant or agreement shall become void, and the town clerk shall issue a certificate to such effect, duly acknowledged. Any such security may be applied by the board for the benefit of the town, upon failure, following reasonable notice and opportunity to cure, of the performance for which any such bond or deposit was given to the extent of the reasonable cost to the town of completing such construction and installation. SECTION 10: ENFORCEMENT No public way shall be laid out, accepted or constructed, and no municipal service or improvement shall be constructed in a way within a development, to serve the land therein, unless such way appears on a plan approved under the law, except by or in accordance with the affirmative vote of two thirds of those present and voting at a town meeting; provided, however, that this section shall not prevent the laying of a utility or drainage system if required by engineering necessity. The town?s inspector of buildings shall not issue any permit for the erection of a building until first satisfied that the lot on which the building is to be erected is not within a development, or that a way furnishing the access to such lot as required by the law is shown on a duly approved plan, and that any condition of a plan approval limiting the right to erect or maintain buildings on such lot have been satisfied, or waived by the board. The Middlesex County superior court and the land court shall have jurisdiction in equity on petition of the board, or of ten taxable inhabitants of the town, to review any action of any municipal board or officer in disregard of the provisions of this section and to annul and enjoin such action, to enjoin the erection of a building in violation of this section, and otherwise to enforce the provisions of the law and any rules or regulations lawfully adopted and conditions on the approval of a plan lawfully imposed thereunder, and may restrain by injunction violations thereof or make such decrees as justice and equity may require. No proceeding under this paragraph shall be instituted more than one year after the act or failure to act upon which such petition is based. SECTION 11: VESTED RIGHTS When a plan has been submitted to the board and is subsequently approved under Section 5, the development shown on such plan shall be subject to any subsequent zoning amendment for which the first notice of public hearing was published prior to the date of the plan?s submission, unless construction of the ways and other site improvements (but not buildings) identified in the approved plan is completedcommenced within a period of not more than three years from the date of filing such approval of the plan with the town clerk or from the date of final judgment in any legal appeal, and such construction continues through to completion as continuously and expeditiously as is reasonable. SECTION 12: APPEALS Any person, whether or not previously a party to the proceedings, or any municipal officer or board, aggrieved by any decision of the board concerning a plan, or by the failure of the board to take final action concerning a plan within the required time, may appeal to the Middlesex County superior court or to the land court; provided, that such appeal is entered within 20 days after such decision has been recorded in the office of the town clerk or within 20 days after the expiration of the required time as aforesaid, as the case may be, and notice of such appeal is given to such town clerk so as to be received within such 20 days. The court shall hear all pertinent evidence and determine the facts, and upon the facts so determined, shall annul such decision if found to be unsupported by the evidence or to exceed the authority of the board, or remand the case for further action by the board, or make such other decree as justice and equity may require. The foregoing remedy shall be exclusive, but the parties shall have all rights of appeal and exceptions as in other equity cases. Costs shall not be allowed against the board unless it shall appear that the board acted with gross negligence or in bad faith. The court mayshall require nonmunicipal appellants to post a surety or cash bond in a sum of not less than two thousand nor more than fifteen thousand dollars to secure the payment of any costs incurred by the appellee as a result of the appeal of a decision approving a plan, if it appears to the court that said appellant or appellants acted in bad faith or with malice in making the appeal to the court. All issues in any proceeding under this section may be advanced for speedy trial over other civil actions and proceedings. SECTION 13: APPLICATION OF LAW; DAMAGES; OTHER POWERS OF BOARD; EFFECTIVE DATE; SEVERABILITY The law shall not abridge the powers of the selectmen, or any other municipal officer, in regard to public ways in any manner except as herein provided, and shall not authorize the taking of land nor authorize the town to lay out or construct any way which may be indicated on any plan until such way has been laid out as a public way in the manner prescribed by law; nor shall action under such law render the town liable for damages. The modification, amendment or rescission of the approval of a plan shall not entitle any person to damages, unless and to the extent that he shall have changed his position or made expenditures in reliance upon such approval. No damages shall be awarded for the modification, amendment or rescission of the approval of a plan obtained as a result of material misrepresentation of facts, whether willful or otherwise, by the persons submitting the plan. The board and its officers and agents may, as far as they deem it necessary in carrying out the law, enter upon any lands and there make examinations and surveys and place and maintain monuments and marks. The law shall take effect upon passage. If a court of competent jurisdiction should determine that any provision of this law is invalid, then such decision of invalidity shall not render invalid any other provision. -------------- next part -------------- An HTML attachment was scrubbed... URL: From KOBrien at town.arlington.ma.us Tue May 27 20:08:29 2008 From: KOBrien at town.arlington.ma.us (Kevin O'Brien) Date: Tue, 27 May 2008 20:08:29 -0400 Subject: [Town Meeting] Warrant Article 16 Message-ID: I probably should have pointed out that in the material I sent out earlier, the redline shows changes since the version that was passed out at Town Meeting last Wednesday. -Kevin O'Brien -------------- next part -------------- An HTML attachment was scrubbed... URL: