Item Coversheet


Town of Arlington, Massachusetts


ARTICLE 38
Warrant Article Title:
ZONING BYLAW AMENDMENT/ENERGY EFFICIENT HOMES ON NONCONFORMING LOTS
Warrant Article Text:
To see if the Town will vote to amend the Zoning Bylaw to allow new construction of energy efficient foundations and homes on nonconforming lots in the R0, R1, and R2 Districts that meet certain energy efficiency industry standards; or take any action related thereto.
Requested by:
 (Inserted at the request of the Redevelopment Board) 
Report Excerpt:

This Article seeks to address the issue identified by the Net Zero Plan by establishing industry standards as thresholds and a reasonable process to address the limitations of the existing Zoning Bylaw for residential structures in the R0, R1, and R2 Zoning Districts. The amendment will only affect existing residential structures in those zoning districts. It does not enable the creation of new non-conforming lots. It does not enable new home construction where an existing principal structure does not already exist.

 

Property owners who seek to reconstruct their home and foundation to the identified industry energy efficiency standards are allowed to reconstruct the foundation if the parcel has at least 5,000 square feet. If the property owner wants to include an addition of up to 750 square feet, the home and foundation can be reconstructed. If the property owner wants to include an addition of 750 square feet or more, the property owner will still need a special permit from the ZBA in accordance with Section 5.4.2.B(6) on Large Additions. A special permit is also needed if the lot has less than 5,000 square feet and there is an existing structure.

 

The Clean Energy Future Committee noted that the amendment makes Arlington property owners of non-conforming lots equally eligible as property owners of conforming lots for certain federal and state incentives and tax credits that are only available to those who build high efficiency homes.

 

 

* That the Select Board supports the ARB’s recommendation to provide owners of existing homes on non-conforming lots additional flexibility for re-construction if such re-construction qualifies as an “energy-efficient” home.

 

The Select Board endorses this zoning bylaw proposal to give owners of homes on non-conforming lots greater ability to reconstruct homes and even engage in small scale expansions if such work yields highly energy efficient homes. In addition to the essential environmental benefits of energy efficient homes, the proposal would also allow owners of homes on non-conforming lots to more readily qualify for the same state and federal energy efficiency tax credits that are more accessible to homeowners on conforming lots.

Vote Language:

The Redevelopment Board voted (5-0) to recommend Action on Article 38. That the Zoning Bylaw be and hereby is amended as follows:

 

Amend SECTION 5.4.2.B(4):_____________________________________

 

(4) Front Yard Minimum Lot Width Requirements and Exceptions. The minimum front yard lot width shall be 50 feet at all points between the front lot line and the nearest building wall, except that such minimum front yard lot width shall not apply to (i) any lot excepted under Section 5.4.2 (B)(1) or 5.4.2(B)(2) or 5.4.2(B)(8) or (ii) restoration of any principal building that existed on a lot or for which a building permit was issued prior to February 1, 1988.

 

Add SECTION 5.4.2.B(8):_______________________________________

 

(8) Exemption for energy efficient homes on R0, R1 or R2 lots with an existing principal building. The minimum frontage and lot area requirements shall not apply to homes constructed to the lower of either (i) Home Energy Rating System (HERS) Score of 44 or below, or (ii) the maximum allowed HERS Score defined in the International Energy Conservation Code as adopted and amended by Massachusetts, and:

  • The new structure is built within the existing foundation footprint, or with an addition that is not a Large Addition as defined in Section 5.4.2.B(6), or
  • The lot has at least 5,000 square feet of area, or
  • By special permit.