Item Coversheet


Town of Arlington, Massachusetts


ARTICLE 17
Warrant Article Title:
ZONING BYLAW AMENDMENT/NOTICE OF DEMOLITION, OPEN FOUNDATION EXCAVATION, NEW CONSTRUCTION, OR LARGE ADDITIONS
Warrant Article Text:
To see if the Town will vote to amend the Zoning Bylaw in Section 3.1.B. by appending to the end of this section the sentence: “No such permit shall be issued until the Building Inspector finds that the applicant is in compliance with the applicable provisions of Title VI, Article 7 of the Town Bylaws;” or take any action related thereto.
Requested by:
(Inserted by the Redevelopment Board at the request of Michael Ruderman and ten registered voters)
Discussion:
The petitioner indicated that the implementation of Title VI, Article 7 of the Town Bylaw, the Arlington Residential Construction Agreement, also known as the “Good Neighbor Agreement”, has been inconsistent. The Good Neighbor Agreement, adopted by Town Meeting in 2017 and amended in 2019, applies to residential construction, including demolitions, open foundation excavation, new construction, and large additions, and requires notification by the contractor or property owner to abutters within a set period of time prior to any activities that may trigger the bylaw, including tree removal. The Good Neighbor Agreement establishes certain construction standards that must be maintained throughout the construction period. The addition of a cross reference in the Zoning Bylaw would improve implementation of the Good Neighbor Agreement.

The ARB found this addition to the Zoning Bylaw was unnecessary (in part because Title VI, Article 7, already contains the requirement that a demolition permit or building permit not issue until the requirements of that article are met) and determined that the proposed language does not align with the Town Bylaw. The ARB is concerned that this language may result in the application of the Good Neighbor Agreement to more projects than what the Town Bylaw indicates is required to comply with the Good Neighbor Agreement. The ARB recommended revising the language of Title VI, Article 7, to improve the implementation of the Good Neighbor Agreement before considering revising the Zoning Bylaw.
Vote Language:

The Redevelopment Board voted (5-0) to recommend No Action on Article 17.

 

Arlington Redevelopment Board Report

ATTACHMENTS:
DescriptionTypeFile Name
Substitute Motion - M RudermanReference Material Article_17_-_Substitute_Motion_-_M-Ruderman.pdf