Warrant Article Title:
ZONING BYLAW AMENDMENT/ACCESSORY DWELLING UNITS

Warrant Article Text:

To see if the Town will vote to allow Accessory Dwelling Units (ADUs) in single and two-family dwellings in residential districts, or take any action related thereto by amending the Zoning Bylaw as follows:

 

Section 1.2 Purposes to add “to encourage housing for persons at all income levels and stages of life”:

and

Section 2.5 Definitions Associated with Dwelling: to add An ACCESSORY DWELLING UNIT, OR ACCESSORY APARTMENT,  “Accessory dwelling unit”, four or more rooms constituting a self-contained accessory housing unit, inclusive of sleeping, cooking and sanitary facilities on the same premises as the principal dwelling, subject to otherwise applicable dimensional and parking requirements, that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code and state fire safety code; (ii) is not larger in floor area than 1/2 the floor area of the principal dwelling.

and

Section 3.3.3 Special Permits to add “in the case of requests for special permits for Accessory Dwelling Units, the use will add to the need for a range of affordable housing opportunities for the Town.”

and

Section 5.2.3 Districts and Uses:  to add “to allow for the creation of accessory dwelling units in all zoning districts which allow residential use.  (Include in Section 5.4 Residential Districts);

or take any action related thereto.

Requested by:
(Inserted at the request of Barbara Thornton and ten registered voters)

Discussion:

The petitioner indicated that the article is substantially different that the ARB’s 2019 warrant article, which was short nine votes and failed at Town Meeting. The petitioner noted that the primary difference between these articles is that this one allows accessory dwelling units (ADUs) by-right in any residential zoning district. The ARB’s article proposed ADUs by Special Permit in the R0 and R1 residential zoning districts. The petitioner indicated that allowing ADUs in the community would be beneficial in four main ways: providing flexibility for families, as needs change over time; increasing range of housing choices; providing a form of housing generally less costly and more affordable than similar units in multifamily buildings; and adding units to Arlington’s total housing stock with minimal effects on neighborhoods.

 

The ARB agrees that this article is substantially different from the 2019 article. However, the ARB does not believe that this article is the best vehicle to allowing ADUs in Arlington. The ARB believes that there is inconsistency and ambiguity in the proposed motion. Further, the petitioner wrote the article in such a way that makes it difficult to revise while staying within scope. The ARB strongly supports the as-right basis of this article. However, there are a number of items from the 2019 article that the ARB might want to see included in an ADU bylaw such as requiring that one of the units is owner-occupied, limiting the gross floor area of the ADU at a percentage lower than 50%, and prohibiting short-term rentals.

 

The ARB also discussed a proposal presented by the public during the hearing, required that the rent charged for the non-owner-occupied unit not exceed an affordable rent as defined the Zoning Bylaw. The ARB disagrees with this approach to creating ADUs. The ARB discussed a similar proposal in 2019 and maintains that this requirement would have unintended consequences including being burdensome to the owner and resulting in few if any ADUs constructed as a result. A majority of the ARB members voted no action on this article and discussed submitting an article at a future Town Meeting following public review that will incorporate many of the best elements of this article and the 2019 article. The minority opinion believed that no action continues to delay meaningful progress in the town increasing a range of housing choices.

Vote Language:

The Redevelopment Board voted (3-2) to recommend No Action on Article 19.

 

Arlington Development Board Report