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2026 Annual Town Meeting, Town of Arlington, MA
Article: 30
Warrant Article Title:
HOME RULE LEGISLATION / REPEAL MBTA PROHIBITION
Warrant Article Text:
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 504, Section 16 of the Acts of 1980, in which “the
Massachusetts Bay Transportation Authority is hereby prohibited
from further planning or construction of the red line northwest
rapid transit extension beyond a point on the so-called Lexington
Branch railroad right of way located six hundred feet more or less
northwesterly of Route 2 unless specifically authorized to do so by
law”; or take any action related thereto.
Requested By:
Paul Schlichtman and ten registered voters
Report Excerpt:
Vote and comment to Town Meeting - No Action (4-0)
Mr. Helmuth recused himself.
The Board voted unanimously, 4-0 (with Mr. Helmuth recusing
himself), to recommend that no action be taken on this article
seeking to authorize the filing of home rule legislation to delete
Section 16 of Chapter 504 of the Acts of 1980.
Chapter 504 was a special act of the legislature that allowed the
MBTA to take easements and other interests in real property for
the completion of the red line extension to Alewife Station.
Section 16 contained a limited restriction prohibiting the MBTA
from further planning or construction of the “northwest rapid
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transit extension” beyond a point 600 feet northwest of Route 2
unless specifically authorized to so by a future enacted law.
Section 16’s limited restriction ended upon completion of the
Northwest Extension in 1985.
Had the legislature desired that this restriction be permanent, it
would not have identified the Northwest Extension specifically and
it would have inserted language making clear that it would apply
notwithstanding any special act or general law to the contrary.
Alternatively, the legislature could have made the restriction
permanent by amending the MBTA’s Enabling Act contained in
G.L., c. 161A (the “Enabling Act”), specifically Section 3,
paragraphs (g) and (k), which gives the MBTA broad authority to
plan and construct transportation facilities within its territory.
The Board notes that the proponent cited as precedent here
actions taken by Town Meeting in calendar year 2023 to repeal
Chapter 439 of the Acts of 1976, which prohibited the construction
of a “mass transit facility” within 75 yards of Arlington Catholic
High School. Among other differences with Chapter 504, Chapter
439 applied to a specific location in Arlington and did not limit the
restriction to a facility constructed as part of the Northwest
Extension. Further, Chapter 439 contained the following
preamble: “Notwithstanding the provisions of paragraphs (g) and
(k) of section three of [the Enabling Act], or any other general or
special law to the contrary.” There is no similar language in
Chapter 504.
The Board is also aware that in current practice, the MBTA does
not view Chapter 504 as a limitation on its planning functions. In
its most recent capital planning report for FY 2026-2030, the
MBTA reported that it received at least five requests to explore a
red line extension to Arlington. In response, the MBTA stated it
had identified other priorities for the approximately $440 million
dedicated to red line improvements and observed that the capital
plan did not include funding for any heavy rail expansion projects.
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Finally, the Board recognizes the burden that home rule
legislation places upon the town’s legislative delegation. The
recommended vote reflects the Board’s position that there are
several home rule petitions (i.e. FGARs and SGARs restrictions,
real estate transfer fee, increasing the number of all alcohol
licenses for restaurants, elimination of Chapter 61B recreational
land classification) the Town has pending or will have pending
with the legislature that are of more immediate significance than
the repeal of Chapter 504.
Vote Language:
That no action be taken on Article 30.
Select Board Report
