HOME RULE LEGISLATION / ARLINGTON REDEVELOPMENT BOARD AS THE TOWN OF ARLINGTON BOARD OF SURVEY

To see if the Town will vote to authorize and request the Select Board to file Home Rule Legislation to update the Town Manager Act to reflect the Arlington Redevelopment Board as the Board of Survey as established pursuant to Chapter 42 of the Acts of 2009; or take any action related thereto.

Inserted at the request of the Arlington Redevelopment Board

VOTE: Favorable Action (4-0)
Mr. Helmuth recused himself.

COMMENT: The Select Board recommends favorable action on this article, which aims to update the Town Manager Act by special legislation passed in 2009 naming the Arlington Redevelopment Board as the Town’s Board of Survey.  Following an affirmative Town Meeting vote in 2008 (Article 16), the legislature approved the Town’s home rule petition to name the ARB as the Board of Survey.  Notwithstanding the foregoing, the Town Manager Act still contains two references to the Select Board as the Board of Survey.  If passed, the proposed article will correct the references.

That the Town does and hereby authorizes the Select Board to file Home Rule Legislation to provide substantively as follows:

"AN ACT AMENDING THE TOWN MANAGER ACT OF THE TOWN OF ARLINGTON.

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

Section 1.  Chapter 503 of the acts of 1952, as most recently amended by chapter 10 of the acts of 2022 is hereby further amended as set forth below.

Section 2.  Section 10 of said chapter 503, as so appearing, is hereby amended by striking out each of the two references to "Select Board” and replacing each with "Redevelopment Board".

Section 3. Section 17 of said chapter 503, as so appearing, is hereby amended by striking out the words "except that the Redevelopment Board shall not have any of the powers or perform any of the duties of or in conflict with the powers or duties of a board of survey all of which powers and duties shall continue to be exercised and performed by the Select Board constituted as a board of survey unless and until such town by vote of a town meeting shall vote to terminate the existence of the board of survey or to accept the provisions of the subdivision control law contained in Sections eighty-one K to eighty-one GG, inclusive, of said chapter forty-one and any amendments thereof or additions thereto, and the subdivision control law shall not be or be deemed to be in effect in such town unless and until such town by vote of a town meeting shall vote to accept the provisions thereof" Section 17 is further amended by replacing the comma after "Section eighty-one A" with a period.

Section 4.   Section 26 of said chapter 503, as so appearing, is hereby amended by striking out the words "or Board of Survey" and further amended by striking out the word "surveyors" and replacing it with the word "regulators".

Section 5.    This act will take effect upon its passage. "