WARRANT FOR
ANNUAL TOWN MEETING
ELECTION
Saturday, April 3, 2004
ANNUAL TOWN MEETING
Monday, April 26, 2004
TOWN OF ARLINGTON
TOWN WARRANT
THE COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
To the Constables of the Town of Arlington, in said County:
GREETINGS:
In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Arlington qualified to vote in elections, to meet at the polling places designated for the several Precincts in said Town on
SATURDAY
THE THIRD OF APRIL 2004
at eight o'clock in the forenoon, to act on the following articles, namely:
ARTICLE 1
To elect by ballot the following Town Officers:
A) One Moderator for three years;
B) One Selectmen for three years;
C) One Assessor for three years;
D) Two School Committee Members for three years; and
E) One Member of the Arlington Housing Authority for
five years
Also, in accordance with the provisions of Chapter 43A of the General Laws, the number of Town Meeting Members as hereinafter specified:
PRECINCT 1 - Four for three years; Two for two years;
PRECINCT 2 - Four for three years;
PRECINCT 3 - Four for three years;
PRECINCT 4 - Four for three years; One for two years;
PRECINCT 5 - Four for three years; Two for two years; Two for one year;
PRECINCT 6 - Four for three years; One for two years;
PRECINCT 7 - Four for three years;
PRECINCT 8 - Four for three years;
PRECINCT 9 - Four for three years;
PRECINCT 10 - Four for three years;
PRECINCT 11 - Four for three years;
PRECINCT 12 - Four for three years;
PRECINCT 13 - Four for three years; One for two years;
PRECINCT 14 - Four for three years;
PRECINCT 15 - Four for three years;
PRECINCT 16 - Four for three years;
PRECINCT 17 - Four for three years; One for one year;
PRECINCT 18 - Four for three years;
PRECINCT 19 - Four for three years;
PRECINCT 20 - Four for three years;
PRECINCT 21 - Four for three years; One for one year.
For these purposes, the polls will be opened at eight o’clock A.M. and remain open until eight o’clock P.M., at each of the polling places designated, viz.:
Precinct 1 Thompson School, entrance on North Union Street
Precinct 2 Hardy School, entrance on Brooks Avenue
Precinct 3 Edith Fox Library, entrance on Cleveland Street
Precinct 4 Hardy School, entrance on Brooks Avenue
Precinct 5 Thompson School, entrance on North Union Street
Precinct 6 Gibbs Junior High (East), entrance on Tufts Street
Precinct 7 Gibbs Junior High (East), entrance on Tufts Street
Precinct 8 Town Hall, entrance on Massachusetts Avenue
Precinct 9 Chestnut Manor, entrance on Chestnut Terrace
Precinct 10 Town Hall, entrance on Massachusetts Avenue
Precinct 11 Bishop School, entrance on Stowecroft Road
Precinct 12 Brackett School, entrance on Eastern Avenue
Precinct 13 Stratton School, entrance on Mountain Avenue
Precinct 14 Highland Fire Station, entrance on Massachusetts Avenue
Precinct 15 Stratton School, entrance on Mountain Avenue
Precinct 16 Dallin School, entrance on Florence Avenue
Precinct 17 Highland Fire Station, entrance on Massachusetts Avenue
Precinct 18 Dallin School, entrance on Florence Avenue
Precinct 19 Peirce School, entrance on Newland Road
Precinct 20 Park Avenue Congregational Church, entrance on Paul Revere Road
Precinct 21 Peirce School, entrance on Newland Road
You are also required to notify and warn the said inhabitants to meet at the Town Hall in said Town on Monday the 26th day of April, 2004, at eight o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members, in accordance with and subject to the referenda provided for by Chapter 43A of the General Laws.
ARTICLE 2 REPORTS OF COMMITTEES
To receive, hear, and act upon the reports of the Board of Selectmen, Finance Committee, Redevelopment Board, and other committees, commissions, and boards heretofore appointed, including, without limitation: Permanent Town Building Committee (April 23, 1969), Vision 2020 Standing Committee (June 8, 1992), School Facilities “Working Group” (May 4, 1994), ByLaw Recodification Study Committee (May 9, 1994), Telecommunications Committee (June 18, 1997), Noise Abatement Study Committee (May 11, 1998), Affordable Housing Task Force (May 3, 1999), Zoning Bylaw Review Committee (May 12, 1999), Uncle Sam Committee (May 17, 1999), Fields and Playgrounds Task Force (May 19, 1999), Maintenance Study Committee (May 1, 2000), Alewife Brook Advisory Committee (May 15, 2000), Newsracks Study Committee (May 9, 2001), Community
Preservation Act Study Committee (May 21, 2001), Symmes Hospital Advisory Committee (May 21, 2001), Power Company Feasibility Committee (May 6, 2002), Community-Based Health Insurance Study Committee (April 30, 2003), Reinspection of Vacated Premises Committee (April 30, 2003), and Tree Committee (May 7, 2003), or take any action related thereto.
(Inserted at the request of the Town Moderator)
ARTICLE 3 APPOINTMENT OF MEASURERS OF WOOD AND BARK
To choose and appoint all the usual Town Officers not hereinbefore mentioned, in such a manner as the Town may determine, or take any action related thereto.
(Inserted by the Board of Selectmen)
ARTICLE 4 ELECTION OF ASSISTANT MODERATOR
To elect a Town Meeting Member as Assistant Moderator for a term or one year, as provided in Title I, Article 1, Section 11, A, of the By-Laws.
(Inserted at the request of the Town Moderator)
ARTICLE 5 ZONING BYLAW AMENDMENT/BICYCLE/PARKING
To see if the Town will vote to amend the Zoning Bylaw in Article 11, Section 11.06, f. 4. Circulation, by deleting the words “vehicular and pedestrian” and inserting in place thereof, the words “vehicular, pedestrian and bicycle”; and further, after the words “and arrangement of” deleting the words “of parking areas” and inserting in place thereof, the words “vehicle and bicycle parking areas, including bicycle parking required by Section 8.13” or take any action related thereto.
(Inserted at the request of Arlington Redevelopment Board)
ARTICLE 6 ZONING BYLAW AMENDMENT/DIMENSIONAL AND DENSITY REGULATIONS
To see if the Town will vote to amend the Zoning Bylaw in Article 6, Section 6.00, Table of Dimensional and Density Regulations by inserting in the B1, B2, B2A, B3, B4, B5 districts the new use “Single-family detached dwelling, two-family dwelling, duplex house, three-family dwelling QR” and the following dimensions:
Lot Requirements Minimum, Size, Sq. Ft. - 5,000; Lot Requirements Minimum, Frontage - 50; Intensity of Development, Floor Area Ratio - 1.00; Intensity of Development, Lot Coverage Maximum – NA; Intensity of Development, Minimum Lot Area Per Dwelling Unit - 2,500; Minimum Yard, Ft, Front – 20; Minimum Yard, Ft., Side – 10; Minimum Yard, Ft., Rear – 20; Height Maximum, Stories - 2-1/2; Height Maximum, Feet – 35; Open Space Minimum, Percent of Gross Floor Area, Landscaped - 10%; Open Space Minimum, Percent of Gross Floor Area, Usable - 30%;
and in the B1 district in the use “All permitted uses” by deleting the word “All” and inserting in place thereof the words “Any other”;
and in the B2 district in the use “Building with a principal use of a three family dwelling, town house structure or apt. house” by deleting the words “three family dwelling”
and at the end of the table, insert footnote Q as follows: “Q In cases subject to Section 11.06 Environmental Design Review, the Redevelopment Board in evaluating the proposal may by Special Permit adjust the required setbacks set forth elsewhere in this Bylaw to account for specific conditions unique to the proposal.”
and at the end of the table, insert footnote R as follows: “R These dimensional requirements shall not apply to any special permit issued before the first advertisement of this bylaw change in February, 2004.”;
or take any related action thereto.
(Inserted at the request of Arlington Redevelopment Board)
ARTICLE 7 ZONING BYLAW AMENDMENT/FLOODPLAIN DISTRICT
To see if the Town will vote to amend the Zoning Bylaw in Article 11, Section 11.04,b in the third sentence after the words, “The Floodplain Overlay consists of the” by inserting the words, “Flood Insurance Study”, and in section 11.04,c after the words, “by all regulations of this Section 11.04” by inserting the words, “Wetlands Protection Regulations, Department of Environmental Protection (DEP), 310 CMR 10.00, Inland Wetlands Restriction (DEP) 310 CMR 13.00,” and in the end of the same sentence by deleting the words, “Section 3.04” and inserting in place thereof the words, “Section 3.05”, and in Section 11.04,d,2 by deleting paragraphs 2.2, 2.3 and 2.4 and inserting new paragraphs as follows, “2.2 The proposed use shall comply with the
regulations as amended in Massachusetts Wetlands Protection Regulations, Department of Environmental Protection (DEP), 310 CMR 10.00 and Inland Wetlands Restriction (DEP) 310 CMR 13.00; 2.3 Base Flood Elevation Data is required for proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A zones.”, or take any action related thereto.
(Inserted at the request of Arlington Redevelopment Board)
ARTICLE 8 ZONING BYLAW AMENDMENT/WETLAND AND FLOODPLAIN OVERLAY
To see if the Town will vote to amend the Zoning Bylaw in the Wetland and Floodplain Overlay to the Zoning Map by adding the following wetlands and water resources:
1. wetland on Town owned land behind 37 Berkeley St. (McClennen Park}
2. wetland on Town owned land between 36 and 48 Wright St. (McClennen Park)
3. permanent pond and wetland in Reed’s Brook at McClennen Park
4. wetland between 16 and 43 Dothan St.
5. wetland between 71 Mott St. and Route 2
6. wetland behind houses on south side of Edith St.
7. Herbert Meyer Brook through Winchester Country Club
8. stream in backyard 62 Hutchinson Rd.
9. Noname Brook or Geri’s Brook parallel to Minutemen Trail from approximately
Nourse Rd. to Park Ave. and wetland near Park Ave.
10. drainage way parallel to property line between 33 Ryder St. 1165 Mass Ave.
11. stream outlet of Hills Pond in Menotomy Rocks Park near Morton Rd.
12. Two hillside seeps in northwest corner of Menotomy Rocks Park, near Shawnee
Rd.
or take any action related thereto.
(Inserted at the request of Arlington Conservation Commission and Arlington Redevelopment Board)
ARTICLE 9 ZONING BYLAW AMENDMENT/OFF STREET PARKING
To see if the Town will vote to amend the zoning bylaw to add a section e to para 11.08 to read “In the case of a single room occupancy dwelling, a dormitory, or a lodging house, and notwithstanding the special permit requirements of section 8.12(b)(10), the ARB is authorized to waive the parking requirements of the Table of Off-Street Parking where, in the development of housing that will be primarily affordable, the activity that will be owning and managing the building(s) certifies, based on experience in Arlington or in communities similar to Arlington, that the occupants will not have vehicles or visitors that would require the amount of parking required by the Table of Off-Street Parking; compliance with such certification would be a condition of the special permit, or take any action related
thereto.
(Inserted at the request of 10 registered voters)
ARTICLE 10 ZONING BYLAW AMENDMENT/INDUSTRIAL ZONE
To see if the Town will vote to amend Table 5.04, Table of Use Regulations of the Zoning Bylaw to add SPd to all entries from 1.03 to 1.10 under the I (Industrial Zone) heading, and an item d in the footnotes to read “where more than 30% of units will be affordable units as defined elsewhere in this bylaw”, or take any action related thereto.
(Inserted at the request of 10 registered voters)
ARTICLE 11 ZONING BYLAW AMENDMENT/AFFORDABLE HOUSING
To see if the Town will vote to amend Subpara d(2) of Section 1.08 of the Zoning Bylaw to insert following “Eligible households”. This sentence “Public or non-profit activities may purchase units at the “affordable unit price to provide affordable rental units”, or take any action related thereto.
(Inserted at the request of 10 registered voters)
ARTICLE 12 ZONING BYLAW AMENDMENT/AFFORDABLE HOUSING II
To see if the Town will vote to amend Para 3d of Section 11.08 to read “Affordable units shall normally be located on the project site. Where the developer offers to provide affordable units elsewhere of equivalent or greater value, the ARB is authorized to accept such an offer if it increases the supply of affordable housing in Arlington more than if the unit(s) had been built on site”, or take any action related thereto.
(Inserted at the request of 10 registered voters)
ARTICLE 13 ZONING BYLAW AMENDMENT/TEMPORARY SIGNS
To see if the Town will vote to amend the Zoning Bylaws to allow the temporary display of advertising/sponsorship signs by local athletic organizations and charitable fundraisers at Town athletic fields through a special permit process or take any related action thereto.
(Inserted at the request of the Park & Recreation Commission)
ARTICLE 14 ZONING BYLAW AMENDMENT/OFF STREET PARKING
To see if the Town will vote to amend column Two of the Table of Off-Street Parking Requirements in section 8.01 of the Zoning Bylaw to read “ One per efficiency, one and fifteen hundredths (1.15) per one bedroom unit, and two per two bedroom unit, and one per bedroom for three or more bedroom units, one per five units of publicly assisted elderly housing”, or take any action related thereto.
(Inserted at the request of 10 registered voters)
ARTICLE 15 BYLAW AMENDMENT/TEMPORARY SIGNS II
To see if the Town will vote to amend the Town Bylaws to establish a special permit process, under authority of the Park & Recreation Commission and School Committee, to allow for the temporary display of advertising/sponsorship signs under an established set of rules and conditions at athletic fields under their control or take any related action thereto.
(Inserted at the request of the Park & Recreation Commission)
ARTICLE 16 ABANDONMENT OF EXTERIOR LINES
To see if the Town will vote to abandon the exterior lines at 874 – 880 and 980 Massachusetts Avenue in support of the redevelopment of the site by Boston Federal Savings Bank, or take any action related thereto.
(Inserted at the request of 10 registered voters)
ARTICLE 17 VOTE AMENDMENT/PARMENTER SCHOOL
To see if the Town will vote to amend Article 35 of the 1992 Annual Town Meeting, by deleting the first paragraph and inserting in place the following:
That effective July 1, 1998, the Town hereby continues the transfer of the jurisdiction of Parmenter School and all land under jurisdiction of the School Committee appurtenant thereto, to the Redevelopment Board for a ten-year period ending June 30, 2008. If the School Committee shall determine that the subject property is not required for public educational purposes on or after July 1, 2008, it shall notify the Redevelopment Board. Said notification shall be made no later than January 1, 2007. Upon notification, the Redevelopment Board shall submit a warrant article to the next Special or Annual Town Meeting requesting continued jurisdiction of the property or take any action related thereto.
(Inserted at the request of Arlington Redevelopment Board)
ARTICLE 18 ENVIRONMENTAL AND ENERGY EFFICIENCY
To see if the Town will vote to take all appropriate action, including amendment of the bylaws, for the purpose of increasing the environmental and energy efficiency of new real estate developments, by requiring that all new construction of commercial properties shall meet or exceed a Silver Certification based on the most current criteria of the Leadership in Energy and Environmental Design (LEED) Green Building Rating System promulgated by the United States Green Building Council, or comparable scoring system. In its review of such real estate developments, the Arlington Redevelopment Board shall require the use of LEED Silver certification, or comparable certification, in order to obtain its approval for the project. If a property developer wishes to be exempted from the LEED Silver certification requirement
he/she must demonstrate to the Arlington Redevelopment Board that the use of this rating level is inappropriate. In such cases, the developer must then consider a less stringent green building standard, unless he/she can demonstrate that the use of any such standard is also inappropriate, or take any action related thereto.
(Inserted at the request of Sustainable Arlington
Task Group/Vision 2020 and 10 registered voters)
ARTICLE 19 BYLAW AMENDMENT/SNOW REMOVAL/RESIDENCES
To see if the Town will vote to amend Section 24, “Snow Removal - Residences” of Article 1 “Public Ways” of Title III of the Bylaws by replacing “fine of $10 per day” with “fine of $25 per day”, or take any action related thereto.
(Inserted by the Board of Selectmen)
ARTICLE 20 BYLAW AMENDMENT/SNOW REMOVAL APARTMENTS/CONDOMINIUMS
To see if the Town will vote to amend Section 25, “Snow Removal - Apartments/Condominiums” of Article 1 “Public Ways” of Title III of the Bylaws by replacing “fine of $10 per day” with “fine of $25 per day”, or take any action related thereto.
(Inserted by the Board of Selectmen)
ARTICLE 21 BYLAW AMENDMENT/SNOW REMOVAL/BUSINESSES
To see if the Town will vote to amend Section 26, “Snow Removal - Businesses” of Article 1 “Public Ways” of Title III of the Bylaws by replacing “fine of $20 per day” with “fine of $50 per day”, or take any action related thereto.
(Inserted by the Board of Selectmen)
ARTICLE 22 BYLAW AMENDMENT/PUBLIC WAYS
To see if the Town will vote to add a new Section under Article 1 “Public Ways” of Title III as follows: “No person, except an officer or employee of the Town shall place or throw or cause to be placed or thrown on to any public sidewalk, street, fire hydrant, or highway any snow, dirt, gravel or foreign substance or material. Violations of this section shall be punishable by a fine of $25 per day that the material is not removed. The Board of Selectmen is authorized to promulgate rules and regulations consistent with this section relative to the ticketing procedures to be utilized; the Board is also authorized to exempt citizens upon petition showing demonstrable extreme hardship due to health and/or financial duress”, or take any action related thereto.
(Inserted by the Board of Selectmen)
ARTICLE 23 BYLAW AMENDMENT/REPAIRS TO PRIVATE WAYS
To see if the Town will vote to amend Article 3, Repairs to Private Ways of Title III of the Bylaws, or take any action related thereto.
(Inserted by the Board of Selectmen)
ARTICLE 24 BYLAW AMENDMENT/RECREATION VEHICLES
To see if the Town will vote to amend the Bylaw to provide for the following:
Vehicles – Recreation
Section 1. Definitions:
“Recreation Vehicle”, shall include the following types of registered or unregistered vehicles: motorized scooters, motorized skateboards, snowmobiles, all-terrain vehicles, go-carts, minibikes, and similarly styled vehicles.
“Motorized Scooter”, any two-wheeled device that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or gas “powered” motor that is capable of propelling the device with or without human propulsion.
“Motorized Skateboard”, any four or eight-wheeled device that is designed to be stood or sat upon by the operator, which may or may not have an upright handlebar for steering, which is powered by an electric or gas “powered” motor that is capable of propelling the device with or without human propulsion.
“Way”, any public highway or private way laid out under authority of Massachusetts General Laws dedicated to public use, including but not limited to Town streets and sidewalks, or any area under the control of the Town of Arlington, Arlington School Department, or Redevelopment Board or body having like powers, including but not limited to school grounds, parks, playgrounds, and parking lots and cemeteries.
Section 2. Recreation Vehicles; Operation Regulations:
No recreational vehicle shall be operated upon any way in the Town of Arlington by any person under sixteen (16) years of age, nor at a speed in excess of twenty-five (25) miles per hour by any person, and no recreational vehicle shall be operated upon any way by any person not possessing a valid operator’s license issued pursuant to GLM Chapter 90, Section 8 or a learner’s permit issued pursuant to GLM Chapter 90 Section 8B, or by permit or license given by reciprocity to nonresidents under GLM Chapter 90 Section 3 and Section 10, provided said Recreational Vehicle is registered by Massachusetts Department of Motor Vehicles.
Section 3. Exemptions:
The following recreational vehicles shall be exempt from the provisions of this By-Law:
(a) Recreational Vehicles licensed by the Commonwealth of Massachusetts as
Motor Vehicles,
(b) Recreational Vehicles used by handicapped persons,
(c) Equipment used for landscaping and snow removal,
(d) Recreation Vehicles used by any governmental agency, and
(e) Recreational Vehicles used during any declared emergency when
authorized by the Chief of Police.
Section 4. Violations and Penalties:
Whoever violates the provisions of the By-Law shall be punished by a fine of $100.00 for the first offense, and $200.00 for the second offense, and $300.00 for the third and each subsequent offense.
Any Recreational Vehicle being operated by a person under the age of sixteen (16) years may be confiscated by the Arlington Police Department and held at the Arlington Police Station until retrieved by a parent or guardian.
Section 5. Enforcement:
The Arlington Police shall enforce the provisions of this By-Law;
or take any action related thereto.
(Inserted at the request of the Chief of Police)
ARTICLE 25 BYLAW AMENDMENT/DATA PROCESSING
ADVISORY BOARD
To see if the Town will vote to modify or rescind Title II, Article 5 of the town bylaws establishing a Data Processing Advisory Board, or take any action related thereto.
(Inserted at the request of 10 registered voters)
ARTICLE 26 BYLAW AMENDMENT/REVENUE MANUAL
To see if the Town will vote to amend the Town Bylaws Title IX, ENFORCEMENT
AND FEES, by adding the following Article:
ARTICLE /REVENUE MANUAL
Section 1. Town Manager
It shall be the responsibility of the Town Manager to compile a manual consisting of all of the fees and charges of all departments of the Town. The fees shall be organized by the department or official responsible for setting such fee. The information shall consist of, but not limited to, the following: the official, board or department responsible for setting the fee, the statutory authorization, year when last revised and total amount raised in most recent fiscal year.
The Town Manager shall create this Manual by the 2005 Annual Town Meeting and update at least every two years thereafter. The Manual shall be posted on the Town website in an easily downloadable electronic format, or take any action related thereto.
(Inserted at the request of the Finance Committee)
ARTICLE 27 BYLAW AMENDMENT/DOG PARKS
VOTED: To see if the Town will vote to amend Section 2 of Article 2 Canine Control of Title VIII of the bylaws by inserting the following sentence after the phrase “except a dog when restrained by a leash not exceeding six feet in length”:
“The Board of Parks and Recreation Commissioners may designate a dog park, dog run, or dog exercise area only if same is enclosed by appropriate fencing to preclude the escape of any dog into any other area of the park or playground not so designated as a dog park, dog run, or dog exercise area.”
or take any action related thereto.
(Inserted at the request of the Park and Recreation Commission)
ARTICLE 28 BYLAW AMENDMENT/ADJUSTMENTS TO TOWN FEES
To see if the Town will vote to amend Title IX of the bylaws entitled Enforcement and
Fees by, adding to or adjusting any or all Town fees, or take any
action related thereto.
(Inserted at the request of the Finance Committee)
ARTICLE 29 BYLAW AMENDMENT/NEWS RACKS
To see if the Town will vote to amend bylaws of Article 1, Section 31 of Article 1 of Title III of the bylaws, to provide for a pilot program that would require newspaper vendors to locate their news racks inside of special containers called “condos or corrals” in certain areas of the Town, the cost of which would be amortized by the establishment of a fee to be paid by the vendors, to determine the amount of such fees, to appropriate a sum of money to fund the initial purchase, determine how the money will be raised and expended, or to take any action related thereto.
(Inserted at the request of the News Rack Study Committee)
ARTICLE 30 AMEND BYLAWS/CONTROL OF PARKS
To see if the Town will vote to amend Article 1 Use of Areas Under Control of Park Department of Title IV of the bylaws as follows:
ARTICLE 1 USE OF AREAS UNDER CONTROL OF PARK DEPARTMENT
Section 2. Protection of Parks
Using fields during inclement weather, when in poor conditions or when fields are closed can result in the following and no person shall injure, deface, dig up or displace, cut, break, remove, fill in, raise, destroy, or tamper with any road, walk, lawn or beach; deface, defile, injure, destroy or ill use any building, bridge, structure, fence, sign, bench, seat, platform, plant, flower, bush, tree, shrub, turf, rock or other property or equipment, real or personal, belonging to the Town of Arlington under the Jurisdiction of the Park and Recreation Commission, or have possession of any part thereof.
Section 3. Actions Prohibited
F. No Organized groups are allowed to utilize a playing field without a permit given by Recreation Department. These groups can be asked to leave by a person or persons designated by the Park and Recreation Commission.
Section 9. Signs and Direction of Town Personnel
No person shall refuse or neglect to obey any rule, posted by sign concerning the use of any area under the care and control of the Park Department and Park and Recreation Commission; nor shall they refuse or neglect to obey any reasonable direction of a police officer or a person designated by the Park and Recreation Commission.
Section 10. Violation and Fines
Any person violating any of the foregoing, except Section 1, Section 3C, Section 3F and Section 8 shall be punished by a fine of not more than twenty ($20) dollars. Any person violating Section 8 for each offense, shall be punished by a fine of not more than fifty ($50) dollars. Any person violating Section 3C, for each offense, shall be punished by a fine of not more than two hundred ($200) dollars. Any person violating Section 3C, for each offense, shall be punished by a fine of not more than two hundred ($200) dollars.
Any person violating Section 1, for each offense, shall be punished for the full amount of damage assessed by Town Personnel, or take any action related thereto.
(Inserted at request of the Park and Recreation Commission)
ARTICLE 31 VOTE AMENDMENT/WETLANDS PROTECTION
To see if the Town will vote to amend the vote under Article 5 of the May 5, 2003 Special Town Meeting relating to Article 8 of Title V Wetlands Protection of the bylaws so as to permit the Conservation Commission to grant variances in appropriate circumstances, where such amendment may include, without limitation, the deletion of the last sentence, the effect of which would be to eliminate the existing expiration date for the granting of variances, or take any action related thereto.
(Inserted at the request of 10 registered voters)
ARTICLE 32 SPECIAL PLACE/THE OLD SCHWAMB MILL
To see if the Town will vote, pursuant to the Town of Arlington Bylaw, Title VI, Article Seven, Special Places, and alter the Town of Arlington Inventory of Significant Properties by designation as a Special Place, all of the land shown on the Town of Arlington Assessors Map 58.0, Block 7, lot 9.0 and known as the The Old Schwamb Mill at 17 Mill Lane, presently owned by the Schwamb Mill Preservation Trust according to Certificate of Title No. 131878 in Book 789 page 128 of the Middlesex (South District) Registry of Deeds, described therein as Lot 1 on Land Court Plan 13386B, and that the said parcel be designated and protected as a Special Place because of its exceptional importance to the history, culture, and architecture of the Town of Arlington and added to the Town’s Inventory of Significant Properties, unless
it is already on that Inventory, and that the affected properties shall be put on the Affected Properties Roster as shall be developed and maintained by the Historical Commission and furnished to the Building Inspector, or take any action related thereto.
(Inserted at the request of the Arlington Historical Commission)
ARTICLE 33 BYLAW AMENDMENT/SPECIAL PLACES
To see if the Town will vote to repeal the Special Places Bylaw (Title VI, Article 7) enacted under Article 8 of the annual town meeting of 2003, or take any action related thereto.
(Inserted at the request of 10 registered voters)
ARTICLE 34 SAFE PLACEMENT OF NEWBORNS AND INFANTS
To see if the Town will vote to request and recognize the Board of Selectmen to file Home Rule legislation that would support “Safe Placement of Newborns and Infants” also known as the Baby Safe Haven Law, the particulars of which provide for no criminal violation for any individual to leave any unharmed newborn or infant at designated locations in the Town, or take any action related thereto.
(Inserted by the Board of Selectmen)
ARTICLE 35 HOME RULE PETITION/TIMOTHY PACHECO
To see if the Town will vote to request and authorize the Board of Selectmen to file a Home-Rule Petition with the General Court so as to permit Timothy Pacheco of 15 Fordham Street, Arlington, to apply for the position of Firefighter in the Town’s Fire Department notwithstanding the fact that the Town has not accepted the provisions of Sections 61A and 61B of Chapter 31 of the General Laws and further notwithstanding the fact that Mr. Pacheco’s age is in excess of 32 years, or take any action related thereto.
(Inserted at the request of 10 registered voters)
ARTICLE 36 REQUEST FOR LEGISLATION/MEETING NOTICES
To see if the Town will vote to initiate a Home Rule Petition to allow posting of a notice on the Town web page for two weeks to constitute the advertising of such a notice, or take any action related thereto.
(Inserted at the request of 10 registered voters)
ARTICLE 37 HOME RULE LEGISLATION/BEER, WINE, AND MALT SALE LICENSES
To see if the Town will vote to authorize the Selectmen to file a Home Rule Petition which requests that the Great and General Court authorize a ballot question for the Town which requests permission from the voters for the Selectmen to issue licenses for establishments to sell beer, wine, and malt beverages not for consumption on the premises, or take any action related thereto.
`(Inserted at the request of 10 registered voters)
ARTICLE 38 REQUEST FOR LEGISLATION/ALL ALCOHOL LICENSES
To see if the Town will vote to authorize and request that the Board of Selectmen file a Home Rule Petition with the legislature which would authorize a ballot question to ask the registered voters of the Town for permission to increase the number of All-Alcohol licenses from the current limitation of five, or take any action related thereto.
(Inserted by the Board of Selectmen)
ARTICLE 39 REVOLVING FUNDS
To see if the Town will vote the following:
A. Private Way Repair - to reauthorize the revolving fund established under Article 46 of the 1992 Annual Town Meeting relating to defraying the cost of private way repairs; to hear or receive a report concerning the receipts and expenditures of same;
B. Public Way Repair - to reauthorize the revolving fund established under Article 45 of the 1992 Annual Town Meeting relating to the maintenance of public ways; to hear or receive a report concerning the receipts and expenditures of same;
C. Fox Library - to reauthorize the revolving fund established under Article 49 of the 1996 Annual Town Meeting relating to the Fox Library and Community Center; to hear or receive a report concerning the receipts and expenditures of same;
D. Robbins House - to reauthorize the revolving fund established under Article 77 of the 1997 Annual Town Meeting relating to the Whittemore-Robbins House; to hear or receive a report concerning the receipts and expenditures of same;
E. Conservation Commission - to reauthorize the revolving fund established under Article 44 of the 1996 Annual Town Meeting relating to consultant fees charged by the Conservation Commission; to hear or receive a report concerning the receipts and expenditures of same;
F. Tuition Payments – to reauthorize the revolving fund established under Article 34 of the 1999 Annual Town Meeting relating to grants or reimbursements paid by another governmental entity including tuition payments of U.S. citizen students; to hear or receive a report concerning the receipts and expenditures of same;
G. All Day Kindergarten - to reauthorize the revolving fund established under Article 31 of the 2000 Annual Town Meeting for all day kindergarten under the auspices of the School Department; to hear or receive a report concerning the receipts and expenditures of same;
H. Uncle Sam – to reauthorize the revolving fund established under Article 31 of the 2000 Annual Town Meeting for the Uncle Sam program that promotes Arlington as the “Birthplace of Uncle Sam” under the auspices of the Uncle Sam Committee; to hear or receive a report concerning the receipts and expenditures of same;
I. Hardy After School Program – to reauthorize the revolving fund established under Article 51 of the 2001 Annual Town Meeting for the after school program at the Hardy School; to hear or receive a report concerning the receipts and expenditures of same;
J. Life Support Services – to reauthorize the revolving fund established under Article 6 of the May, 2001 Special Town Meeting for basic life support and advanced life support services which provides for billing and payment to other entities in the Town to take account of new Medicare regulations; to hear or receive a report concerning the receipts and expenditures of same;
To appropriate a sum of money for any one or all of the same, to establish new revolving funds to determine how the money shall be raised and expended; or take any action related thereto.
(Inserted by the Board of Selectmen)
ARTICLE 40 ENDORSEMENT OF CDBG APPLICATION
To see if the Town will vote to endorse the application for Federal Fiscal Year 2005 prepared by the Acting Town Manager and the Board of Selectmen under the Housing and Community Development Act of 1974 (PL 93-383) as amended, or take any action related thereto.
(Inserted by the Board of Selectmen and at the request of the Acting Town Manager)
ARTICLE 41 RESIDENCY REQUIREMENT/TOWN COUNSEL
To see if the Town will vote to authorize and request the Board of Selectmen to file a Home-Rule Petition to amend Section 28 of the Acting Town Manager Act to remove the residency requirement for the office of Town Counsel, or take any action related thereto.
(Inserted at the request of the Acting Town Manager and Town Counsel)
ARTICLE 42 AUTHORITY TO FILE FOR GRANTS
To see if the Town will vote to give the Acting Town Manager, the Board of Selectmen, the Superintendent of Schools, and the School Committee, the general authority to file applications and to accept grants from the Federal Government, the Commonwealth of Massachusetts and/or any grant-making organization/body during Fiscal Year 2005, or take any action related thereto.
(Inserted at the request of the Acting Town Manager and Superintendent of Schools)
ARTICLE 43 ON STREET PARKING
To see if the Town will vote to recommend to the Board of Selectmen as Parking Commissioners of the Town to change the parking regulations to provide for on-street sticker parking except for Massachusetts Avenue, said stickers to be required after the maximum time limit for parking in a particular area has been exceeded, or take any action related thereto.
(Inserted at the request of 10 registered voters)
ARTICLE 44 REQUEST FOR LEGISLATION/MUNICIPAL BUILDING
INSURANCE FUND
To see if the Town will vote to authorize and request the Board of Selectmen to file a home-rule petition that would authorize the Acting Town Manager to expend funds from the Town’s Municipal Building Insurance Fund for purposes not listed in Section 13 of Chapter 40 of the Massachusetts General Laws which establishes such fund, determine how much money should be utilized from such fund and to determine the purpose for which said money will be expended, or take any action related thereto.
(Inserted at the request of the Acting Town Manager)
ARTICLE 45 HOME RULE LEGISLATION/MUNICIPAL BUILDING
INSURANCE TRUST FUND
To see if the Town will vote to authorize and request the Board of Selectmen to file a Home Rule Petition allowing the transfer of all or a portion of the existing balance in the Municipal Building I | 
