Item Coversheet


Town of Arlington, Massachusetts


ARTICLE 28
Warrant Article Title:
ZONING BYLAW AMENDMENT/AFFORDABLE HOUSING REQUIREMENTS
Warrant Article Text:
To see if the Town will vote to amend the Zoning Bylaw to increase the time during which the affordable housing requirements apply from a two-year period to a three-year period in alignment with G.L. c.40A § 9 by amending SECTION 8.2.2. APPLICABILITY; or take any action related thereto.
Requested by:
 (Inserted at the request of the Redevelopment Board) 
Report Excerpt:

Section 30 of Chapter 219 of the Acts of 2016 broadened Chapter 40A, § 9, by extending the term of a Special Permit from two years to three years. When this law was passed, the goal was to provide more flexibility in construction schedules to adapt to changing economic, labor, and market conditions without having a seek an extension from the special permit granting authority.

 

The Zoning Bylaw, Section 3.3.5.B, references the correct three-year term in accordance with this law; it was updated as part of the Zoning Bylaw recodification completed in 2018. Section 8.2, however, continues to reference the two-year term of special permits and should be updated to be consistent with Chapter 40A Section 9. The ARB believes that this amendment is necessary for consistency with the state’s Zoning Act (MGL c.40A). 

Vote Language:

The Redevelopment Board voted (5-0) to recommend Action on Article 28. That the Zoning Bylaw be and hereby is amended as follows:

 

8.2.2. Applicability

The provisions of this Section 8.2 shall apply to all new residential development with six or more units subject to Section 3.4, Environmental Design Review, comprised of any or all of the following uses:

 

• Single-family detached dwelling

• Two-family dwelling

• Duplex dwelling

• Three-family dwelling

• Townhouse structure

• Apartment building

• Apartment conversion

• Single-room occupancy building

 

Any residential development of the uses listed above involving one lot, or two or more adjoining lots in common ownership or common control, for which special permits or building permits are sought within a two-year three-year period from the first date of special permit or building permit application shall comply with the provisions of this Section 8.2.