Item Coversheet


Town of Arlington, Massachusetts


ARTICLE 43
Warrant Article Title:
ZONING BYLAW/ADOPTION OF ACCESSORY DWELLING UNITS
Warrant Article Text:
To see if the Town will vote to amend the Zoning Bylaw to allow Accessory Dwelling Units (ADUs) on the property of single family, two-family, and duplex dwellings; or take any action related thereto. 
Requested by:
(Inserted at the request of Barbara Thornton and ten registered voters) 
Report Excerpt:

Chapter 358 of the Acts of 2020 made a series of revisions to Chapter 40A, including lowering the voting threshold for amendments that allow ADUs by-right either within the principal dwelling or within a detached structure on the same lot to a majority vote. 7 Town Meeting can enact this amendment using a simple majority vote rather than a 2/3 supermajority vote.8 The amendment is aligned with the other standards outlined in Chapter 358 of the Acts of 2020 for ADUs, including the definition and standards.

 

This amendment is substantially different than the previous accessory dwelling unit proposals considered by Town Meeting, most recently at the 2020 Special Town Meeting and the 2019 Annual Town Meeting. In particular, the amendment considered by the 2019 Town Meeting required a special permit for the use and was limited to the R0 and R1 Zoning Districts; this amendment allows Accessory Dwelling Units (ADUs) by right in single- family, two-family, and duplex dwellings in any residential and commercial district. The amendment considered by the 2020 Special Town Meeting included a very different definition for ADUs that specified the number of rooms necessary and provided scant limits on the size of the ADU. This amendment brings together pieces of the 2019 and 2020 amendments that have been identified by the ARB previously. It also includes many safeguards to ensure that the small accessory units that would be authorized are safe and used only as the Bylaw intends.

 

ADUs provide many benefits to property owners: allow additional flexibility on using space within the home; allow for options that may create supplementary income; allow aging in place or multigenerational families on the property; and increase long-term rental housing opportunities while balancing potential impacts to existing neighborhoods. These benefits are consistent with the goals of the Housing Production Plan and are encouraged to facilitate a range of housing types to help meet the needs of specific demographics, such as seniors, multi-generational households, individuals with disabilities, low-to-middle income family households, and singles (p. 60).

 

*That the Select Board supports the ARB’s recommendation to allow accessory dwelling units (“ADUs”) in single-family, two-family, and duplexes throughout Arlington under Article 43.

 

The Select Board endorses this proposal to allow ADUS, which consistent with the Housing Production Plan, creates opportunities for additional rental housing while also affording resident homeowners additional flexibility for using space within their home for supplementary income, aiding multi-generational living so long as ADUs meet building safety standards.

Vote Language:

The Redevelopment Board voted (5-0) to recommend Action on Article 43. That the Zoning Bylaw be and hereby is amended as follows:

 

Amend Section 2:_____________________________________________

 

Accessory Dwelling Unit: A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling.

 

Amend Section 5.4.3:________________________________________

 

 

Amend Section 5.5.3:_________________________________________

 

 

Add Section 5.9.2:_____________________________________________

 

5.9.2 Accessory Dwelling Units

 

A._____Purpose. The purpose of this Section 5.9.2 includes:

  1. Promoting the use of accessory dwelling units as a means of providing Arlington property owners with an opportunity to age in place, to create independent living space for elderly, disabled or other family or household members, to downsize or to earn supplemental income from investing in their properties.
  2. Helping Arlington residents to conserve and grow their own property values.
  3. Encouraging housing for persons of all income levels and ages.
  4. Encouraging an orderly expansion of the tax base without detracting from the existing character of the affected neighborhoods.

B. ______Requirements. 

  1. In any Residential District or Business District, an accessory dwelling unit is permitted as an accessory use to any single-family dwelling, two-family dwelling, or duplex dwelling, if all of the following conditions are met: 
    • An accessory dwelling unit shall be not larger in floor area than one-half the floor area of the principal dwelling or 900 square feet, whichever is smaller. For the avoidance of doubt, where an accessory dwelling unit is created by converting a portion of an existing principal dwelling to an accessory dwelling unit, the floor area of the resulting accessory dwelling unit shall be measured relative to the floor area of the resulting principal dwelling (as affected by or in connection with the conversion).
    • Any alteration causing an expansion of or addition to a building in connection with an accessory dwelling unit shall be subject to the provisions of Section 5.4.2.B(6) if and to extent section 5.4.2.B(6) is otherwise applicable to such alteration or addition.
    • An accessory dwelling unit shall maintain 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 for safe egress.
    • No more than one (1) accessory dwelling unit is allowed per principal dwelling unit. 
    • An accessory dwelling unit may be located in (i) the same building as the principal dwelling unit or as an expansion to such building; (ii) a building that is attached to the principal dwelling unit; or (iii) an accessory building, which accessory building shall not constitute a principal or main building by the incorporation of the accessory dwelling unit, provided that if such accessory building is located within 6 feet of a lot line then such accessory dwelling unit shall be allowed only if the Board of Appeals, acting pursuant to Section 3.3, grants a special permit upon its finding that the creation of such accessory dwelling unit is not substantially more detrimental to the neighborhood than the use of such accessory building as a private garage or other allowed use. 
    • An accessory dwelling unit shall not be used as a short-term rental, in accordance with Title V, Article 18, Section 3 of the By-Laws of the Town of Arlington.
    • An accessory dwelling unit shall be subject to all applicable requirements of the State Building Code and State Fire Code (including any such requirements, if and as applicable, which prohibit openings, including windows, in exterior walls of dwellings located within a certain distance from the property line). 
  2. The creation or addition of an accessory dwelling unit shall not change the zoning classification of the property in question and shall not affect any zoning relief previously obtained for such property. By way of example only (and without limitation), a single-family dwelling having an accessory dwelling unit shall continue to be classified as a single-family dwelling for single-family use under the Zoning Bylaw; a two-family dwelling having an accessory dwelling unit shall continue to be classified as a two-family dwelling for two family use under the Zoning Bylaw; and a duplex having an accessory dwelling unit shall continue to be classified as a duplex dwelling for duplex use under the Zoning Bylaw. 
  3. No off-street parking spaces are required in connection with the creation or addition of an accessory dwelling unit.
  4. An accessory dwelling unit shall not be owned separately from the principal dwelling unit with which such accessory dwelling unit is associated. 

 

C.___ Administration 

  1. Prior to the issuance of a building permit for an accessory dwelling unit, the owner must deliver an affidavit to the building inspector stating that the owner or a family member of the owner will reside in either the principal dwelling unit or the accessory dwelling unit upon completion of the accessory dwelling unit. 
  2. The creation or addition of an accessory dwelling unit to a principal dwelling unit shall not be subject to the foregoing paragraph 5.9.2.C(1) if the principal dwelling unit and accessory dwelling unit are owned by a non-profit or governmental entity and the accessory dwelling unit is restricted as an affordable unit. 
  3. This Section 5.9.2 shall be effective as of the date on which it is enacted at Town Meeting in accordance with applicable law, except for clause (iii) of Section 5.9.2.B.(1), fifth bullet, which clause (iii) shall be effective as of the date occurring six (6) months after the date on which this Section 5.9.2 is enacted at Town Meeting.
  4. In the event of any conflict or inconsistency between the provisions of this Section 5.9.2 or Section 8.1.3.E, on the one hand, and any other provisions of this Bylaw, the provisions of this Section 5.9.2 and Section 8.1.3.E shall govern and control.

 

Amend Section 8.1.3:_________________________________________

 

E. The creation or addition of an accessory dwelling unit within an existing single-family dwelling, two-family dwelling, or duplex dwelling, or within an existing accessory building on the same lot as any such dwelling, does not increase or affect the nonconforming nature of said existing dwelling or accessory building, and shall not cause such dwelling or accessory building to become non-conforming or result in any additional dimensional requirements with respect to such dwelling or accessory building, provided that such creation or addition of an accessory dwelling unit neither expands the footprint nor the height of said dwelling or accessory building, in each case except (i) for changes necessary to provide for required egress or other modification to meet the State Building Code and State Fire Code, (ii) for any projects allowed under Section 5.3.9, and (iii) to the extent authorized by a special permit issued pursuant to clause (iii) of Section 5.9.2.B(1), fifth bullet.