ment of the second arbitrator, to agree upon a third arbitrator, the chairman of the commission of the department of public utilities shall, upon request of the town, of the corporation, or of either of said arbitrators, appoint such third arbitrator. Said board of arbitration shall determine as of said date, the market value of said franchise, corporate property, rights and privileges, but without enhancement because of privileges derived from rights in public ways, and the finding of said board on all matters of fact shall be final. The hearing before said board shall be commenced within Hearing and thirty days after the date of the appointment of the third proba arbitrator, and concluded within ninety days after his ap- of arbitration. pointment, and the procedure before said board shall be in accordance with the provisions of chapter two hundred and fifty-one of the General Laws, except that the supreme Court enforcejudicial court shall have exclusive jurisdiction in equity to findings of enforce by appropriate orders or decrees, or otherwise, the board, etc. findings of said board and the right of said town to take possession of said franchise, corporate property, rights and privileges upon payment to said corporation of the sum awarded by said board. before board ment of SECTION 10. This act shall take effect upon its passage, Time of taking but any action thereunder shall be void unless water is effect, etc. actually withdrawn or diverted under authority thereof within three years from the date of its passage. Approved May 17, 1926. AN ACT ENABLING CITIES AND TOWNS TO REGULATE CERTAIN Be it enacted, etc., as follows: Chap.347 section at end regulate sions and Chapter one hundred and eighty of the General Laws is G. L. 180, new hereby amended by adding at the end thereof the following thereof. new section: Section 29. Cities and towns may by Cities and ordinance or by-law regulate the conducting within their towns may respective limits of entertainments, dances and other diver- certain diversions and amusements not required by law to be licensed, amusements including the hours of holding the same, by corporations conducted by which are subject to section twenty-six, and may affix pen- created for alties for breaches thereof not exceeding twenty dollars for each offence, subject as to recovery and disposition to section twenty-one of chapter forty. Approved May 17, 1926. AN ACT PROVIDING FOR THE CONSTRUCTION BY THE METRO- Be it enacted, etc., as follows: corporations club purposes. Chap 348 The metropolitan district commission is hereby author- Metropolitan ized to lay out and construct a parkway or boulevard from district coma point at or near the junction of Main and South streets in construct mission may a parkway or boulevard in towns of Wakefield. the town of Stoneham to or near Doleful pond in said town, Stoneham and thence to the northerly end of Crystal lake in the town of Wakefield, and from said lake to Quannapowitt parkway in said town of Wakefield, or by such other route as said commission may deem desirable between said junction of Main and South streets and said Quannapowitt parkway. Expenditures. For the purposes of this act, said commission may expend such sum, not exceeding ten thousand dollars, as may hereafter be appropriated, to be paid from the Metropolitan Proviso. Parks Maintenance Fund, Boulevards; provided, that said towns shall first have acquired and conveyed, or caused to be conveyed, to the commonwealth, for the use of the metropolitan parks district, without cost to the commonwealth or to said commission, such lands and rights in land as the commission may deem necessary for the laying out and construction of said parkway or boulevard, exclusive of such lands and rights therein as may be acquired by the commonwealth at a total cost of not exceeding said sum of ten thousand dollars less the cost of such laying out and construction. Approved May 17, 1926. Chap.349 AN ACT RELATIVE TO REGISTRATION FEES OF MOTOR VEHICLES OF THE CONVERTIBLE PASSENGER TYPE, SO-CALLED. Be it enacted, etc., as follows: SECTION 1. Section thirty-three of chapter ninety of the General Laws, as amended by section two of chapter four hundred and three of the acts of nineteen hundred and twenty-one, by section nine of chapter four hundred and sixty-four of the acts of nineteen hundred and twenty-three, by section one of chapter three hundred and forty-two of the acts of nineteen hundred and twenty-five and by chapter two hundred and forty-four of the acts of nineteen hundred and twenty-six, is hereby further amended by inserting after the word "used" in the eighteenth line, as printed in said section one of said chapter three hundred and fortytwo, the following: ; provided, that for the registration of every motor vehicle of the convertible passenger type, with box or slip-on body of a carrying capacity not exceeding one thousand pounds used for the transportation of tools, utensils, goods, wares or merchandise, the fee shall be fifteen dollars, so that the paragraph contained in lines ten to twenty-four, inclusive, will read as follows: For the registration of every motor vehicle, trailer and semi-trailer unit used for the transportation of goods, wares or merchandise, except as provided in the preceding paragraph, fifty cents, or, in case of an electric motor truck or an electric commercial vehicle so used, twenty-five cents, for every hundred pounds of the weight of such motor vehicle, trailer or semi-trailer unit and of its maximum carrying capacity, but in no event less than twenty dollars in the case of a motor vehicle so used; provided, that for the registration of every motor vehicle of the convertible passenger type, with box or slip-on body of a carrying capacity not exceeding one thousand pounds used for the transportation of tools, utensils, goods, wares or merchandise, the fee shall be fifteen dollars. The aforesaid weight shall mean the weight of such motor Weight to vehicle, trailer or semi-trailer unit when fully equipped for mean, etc. the road. The commissioner of public works may establish Rules for derules for determining the weight of such motor vehicle, weight, etc. termining trailer or semi-trailer unit and its maximum carrying capacity, and he may in his discretion use the maker's weight with due allowance for extras. SECTION 2. This act shall not apply to the registration of Application of motor vehicles for operation during the current year. Approved May 17, 1926. act. AN ACT RELATIVE TO THE POWERS OF THE BOARD OF APPEAL Chap.350 OF THE BUILDING DEPARTMENT OF THE CITY OF BOSTON TO VARY THE APPLICATION OF THE BOSTON ZONING LAW IN RESPECT TO THE HEIGHT OF BUILDINGS. Be it enacted, etc., as follows: etc., amended. SECTION 1. Section nineteen of chapter four hundred and 1924, 488, § 19, eighty-eight of the acts of nineteen hundred and twenty-four, as amended by section eleven of chapter two hundred and nineteen of the acts of nineteen hundred and twenty-five, is hereby further amended by inserting after the fourth paragraph the following new paragraph:- No decision of the board of appeal permitting the erection or alteration of a building to an extreme height greater than that otherwise authorized under the provisions of this act for the lot or building in question shall be effective until and unless confirmed by the board of zoning adjustment, as provided in section twenty. Immediately following the board's final decision in any such case a copy of the record shall be certified to the board of zoning adjustment, and by inserting after the word "appeal" in the first line of the fifth paragraph the words: —, except a decision permitting the erection or alteration of a building to an extreme height greater than that otherwise authorized under the provisions of this act, so as to read as follows: Section 19. The board of appeal provided for in paragraph one of section six of the aforesaid building law shall act as a board of appeal under this act, and the members thereof shall receive for acting under this act the same compensation as provided in the aforesaid building law. Board of appeal under Boston zoning law. permits. Any applicant for a permit under this act whose applica- Appeals by tion has been refused may appeal therefrom within ninety applicants for days. Any applicant to the building commissioner for a permit who appeals to the said board shall pay to him a fee Fee. of ten dollars before such permit shall be considered by the board. Such fees shall be deposited by the building commissioner with the city collector at least once a week. The board of appeal may vary the application of this act Board may vary applicain specific cases wherein its enforcement would involve tion of act in certain cases. May adopt certain rules. Record of proceedings, etc. Decisions of board of appeal as to height of buildings subject to confirmation by board of practical difficulty or unnecessary hardship and wherein desirable relief may be granted without substantially derogating from the intent and purpose of this act, but not otherwise. No such variance shall be authorized except by the unanimous decision of the entire membership of the board, rendered upon a written petition addressed to the board and after public hearing thereon, of which notice shall be mailed to the petitioner and to the owners of all property deemed by the board to be affected thereby as they appear in the most recent local tax list and also advertised in a daily newspaper published in the city of Boston. The board may adopt rules, not inconsistent with the provisions of this act, governing notice and procedure. The board shall cause to be made a detailed record of all its proceedings, which record shall set forth the reasons for its decisions, the vote of each member participating therein, and the absence of a member or his failure to vote. Such record, immediately following the board's final decision, shall be filed in the office of the building commissioner and shall be open to public inspection, and notice of such decision shall be mailed forthwith to each party in interest as aforesaid. No decision of the board of appeal permitting the erection or alteration of a building to an extreme height greater than that otherwise authorized under the provisions of this act for the lot or building in question shall be effective until and unless confirmed by the board of zoning adjustment, as prozoning adjust- vided in section twenty. Immediately following the board's final decision in any such case a copy of the record shall be certified to the board of zoning adjustment. ment. Persons aggrieved by certain de cisions of board of appeal, etc., may petition for writ of Any person aggrieved by a decision of the board of appeal, except a decision permitting the erection or alteration of a building to an extreme height greater than that otherwise authorized under the provisions of this act, whether certiorari, etc. previously a party to the proceeding or not, or any municipal officer or board may, within fifteen days after the entry of such decision, bring a petition in the supreme judicial court for the county of Suffolk for a writ of certiorari to correct errors of law therein, and the provisions of section four of chapter two hundred and forty-nine of the General Laws shall, except as herein provided, apply to said petition. No costs against board unless, etc. 1924, 488, § 20, etc., amended. Board of zoning adjustment under Boston zoning law, members, etc. No costs shall be allowed against the board unless the court finds that it acted with gross negligence or in bad faith. SECTION 2. Said chapter four hundred and eighty-eight, as amended in section twenty by section twelve of said chapter two hundred and nineteen, is hereby further amended by striking out said section twenty and inserting in place thereof the following: Section 20. There shall be a board of zoning adjustment to consist of twelve members as follows: The chairman of the city planning board ex officio, and eleven members appointed by the mayor in the following manner: one member from two candidates to be nominated by the Associated Industries of Massachusetts, one member from two candidates to be nominated by the Boston Central Labor Union, one member from two candidates to be nominated by the Boston Chamber of Commerce, one member from two candidates to be nominated by the Boston Real Estate Exchange, one member from two candidates to be nominated by the Massachusetts Real Estate Exchange, one member from two candidates, one to be nominated by the Boston Society of Architects and one by the Boston Society of Landscape Architects, one member from two candidates to be nominated by the Boston Society of Civil Engineers, one member from two candidates to be nominated by the Master Builders' Association of Boston, one member from two candidates to be nominated by the Team Owners Association, one member from two candidates to be nominated by the United Improvement Association, and one member to be selected by the mayor. All appointive mem- Appointive bers shall be residents of or engaged in business in Boston. qualifications, All appointments after the initial appointments shall be for terms of office, the term of five years. Vacancies among the appointive Vacancies. members shall be filled in the same manner in which original appointments are made. The several heads of departments Information of the city of Boston shall on request of the board supply it by heads of with all information in their possession useful for its duties. etc. members, etc. departments, Either upon petition or otherwise, the board may, subject Board may to the following conditions, change the boundaries of dis- change boundtricts by changing the zoning map, on file at the state secre- tricts, etc. tary's office, to meet altered needs of a locality, to avoid undue concentration of population, to provide adequate light and air, to lessen congestion in streets, to secure safety from fire, panic and other dangers, to facilitate the adequate provision of transportation, water, sewerage and other public requirements and to promote the health, safety, convenience and welfare of the inhabitants of the city of Boston. Such changes shall be made with reasonable consideration, Requirements among other things, of the character of the district and its changes. peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land. No such change shall be made except by the decision of not less than four fifths of the members of the board, excepting only any member or mem for such bers not qualified to act, rendered after a public hearing Public hearing, thereon, of which notice shall be mailed to the petitioner, if notice, etc. any, to the building commissioner, the chairman of the assessing department, the chairman of the street laying-out department, the commissioner of public works, the fire commissioner and the health commissioner of the city of Boston, and to the owners of all property deemed by the board to be affected thereby as they appear in the most recent local tax list and also advertised in a daily newspaper published in the city of Boston. No member shall act in any Members percase in which he is personally interested either directly or ested not to indirectly. A majority of the board shall constitute a act. quorum for all public hearings and for all acts of the board, board to con sonally inter Majority of |