SPECIAL LEGISLATION/REPEAL MBTA PROHIBITION

To see if the Town will vote to authorize and request the Select Board to file Home Rule Legislation or other Special Legislation to repeal Chapter 439 of the Acts of 1976 “An Act Prohibiting the Massachusetts Bay Transportation Authority for locating a mass transportation facility within a certain distance of the Arlington Catholic High School,” or take any action related thereto.

(Inserted at the request of Paul Schlichtman and ten registered voters)

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Mr. DeCourcey voted in the negative and Mr. Helmuth recused himself.

The majority of the Select Board respectfully requests Town Meeting’s support to repeal a 1976 Special Act (“An Act Prohibiting The Massachusetts Bay Transportation Authority From Locating Mass Transportation Facility Within Certain Distance Of The Arlington Catholic High School” or “The Act”), which prohibited the MBTA from constructing any mass transportation facility, including but not limited to a rapid transit station and parking garage, on any land located within seventy-five yards of Arlington Catholic High School.  Mr. DeCourcey dissented because in his view, the Act did not prevent the proposed expansion of the Red Line through Arlington.  Indeed, he noted that Governor Dukakis, a strong proponent of public transportation, came to Arlington to sign the Act into law.  Mr. DeCourcey further questioned whether a petition to repeal the Act would impact more pressing local legislative priorities.  Nonetheless the balance of the Board agrees that it would be valuable to clear outdated home rule legislation which serves little practical purpose today and may inadvertently signal the Town’s reticence to improve its mass transit service options.

That the Town does hereby request and authorize the Select Board to file Home Rule Legislation to provide substantially as follows:

 “AN ACT REPEALING CHAPTER 439 OF THE ACTS OF 1976,”

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. Notwithstanding any general or special law to the contrary, Chapter 439 of the Acts of 1976, “An Act Prohibiting The Massachusetts Bay Transportation Authority From Locating Mass Transportation Facility Within Certain Distance Of The Arlington Catholic High School,” is repealed and nullified.

SECTION 2. This act shall take effect upon its passage.

Select Board Report

Background information, Paul Schlichtman, Precinct 9