Discussion:
The petitioner proposed replacing the term “open space” with “yard space.” The petitioner also proposed referring to usable open space and landscaped open space as primary and secondary yard space, respectively. This differs from open space included in the Open Space District on the Zoning Map. Open Space in the Open Space District includes parcels under the jurisdiction of the Park and Recreation Commission, Conservation Commission, Arlington Redevelopment Board, Massachusetts Department of Conservation and Recreation, or Massachusetts Bay Transportation Authority (MBTA). This open space has a public benefit compared to private open space.
The ARB appreciates the intention of the petitioner to clarify who benefits from open space on private property (the landscaped open space and the useable open space), which is designed to benefit the owner and occupants of private property, compared to public open space. However, the ARB noted that “open space” is a term of art that municipalities use in Zoning Bylaws and Ordinances throughout the Commonwealth. The ARB suggested that using “private open space” would be a better option than “yard space” to remain consistent with the term of art. The ARB is concerned that departing from the generally accepted term for describing private open space on a parcel would create confusion among users of Arlington’s Zoning Bylaw. As such, the ARB did not believe that the wording proposed is the solution to describe the differences between private open space and public open space.
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