Item Coversheet


Town of Arlington, Massachusetts


ARTICLE 46
Warrant Article Title:
ZONING BYLAW/TEARDOWN MORATORIUM
Warrant Article Text:
To see if the Town will vote to amend the Zoning Bylaw by adding to Section 8 a new provision substantially as follows: there is hereby established a temporary moratorium on the demolition, in whole or in part, of older small affordable houses, for a period of two years from the date of final adjournment of this Town Meeting, or when the Town establishes a method of protecting such houses in order to promote the Town’s goals of economic diversity and affordability, whichever first occurs. For purposes of this provision, the term “older small affordable houses” shall mean houses built before 1950 with a footprint of less than 1,000 square feet; or take any action related thereto.
Requested by:
(Inserted at the request of Lynette Culverhouse and ten registered voters) 
Report Excerpt:

A moratorium like the one proposed in this article is a temporary protective measure to prevent a property owner’s right to obtain development approvals while the community considers and potentially adopts more permanent, comprehensive changes to its regulations. A recent local example of a moratorium was the Town’s temporary moratorium on recreational marijuana establishments, which was effected in April, 2017 and retired in December, 2018 when Town Meeting approved Section 8.3, Standards for Marijuana Uses, of the Zoning Bylaw. Moratoria are typically reserved for instances where new or changing circumstances are not adequately dealt with by current regulations. Careful attention is needed in adopting such moratoria ensure that they are able to withstand court challenges. As described in the Handbook of Massachusetts Land Use and Planning Law Third Edition, Mark Bobrowski (Wolters Kluwer, 2011), moratoria should be accompanied by 1) an interim zoning provision, 2) a specific scope or plan for what is to be studied during the moratorium to develop appropriate revisions to protect the public health, safety, or welfare, 3) a clear timeline and 4) a clearly defined outcome that will result from the proposed moratorium. 

 

The interim zoning provision is a substitute bylaw which outlines what shall be permitted over the duration of the moratorium and to which zoning districts and areas the provisions apply. The interim zoning provisions should incorporate factors such as intent of the moratorium, interim district boundaries or area subject to the moratorium, permitted uses, special provisions, appeal procedures, and so on. Without providing this information, it is unclear if all demolition in town is prohibited, or if property owners will be allowed to commence additions, renovations, or partial demolition projects. Under the proposed amendment, a restriction on complete or partial demolition would be in place for two years. 

 

The petitioner provided a scope describing what is to be studied during the moratorium. It was inconclusive on how the data and questions proposed by the petition relate to the moratorium. The following reports, resulting from unique participatory processes, address various items related to the petitioner’s scope. 

  • Regarding collection of statistics on teardowns, a comprehensive study of the impacts of demolitions and replacement homes was recently conducted by DPCD and resulted in the 2019 Report on Demolition and Replacement Homes. The report was created in response to 2018 request at Town Meeting to expand Arlington’s Demolition Delay bylaw, in part to meet historic preservation goals but also to address the perception that demolitions of smaller, older homes were driving a loss of affordability in Arlington. The report explores the demolition of Arlington residential structures and associated impacts on several factors in Arlington’s residential neighborhoods, such as housing affordability, historic preservation, neighborhood demographics, neighborhood character, and the impact of construction activity on abutters. 
  • Regarding the environmental impact of new construction versus renovation and reuse, the Net Zero Plan, which was completed earlier this year, has outlined a plan and actions to guide the Town toward its goal of net zero by 2050, which includes policy changes.
  • Regarding establishing a plan to preserve housing that represents an era of architectural history, the Historic Preservation Survey Master Plan, completed in 2019, lays out a plan for future historic preservation activities. The plan identifies areas and neighborhoods for future inventory projects, which if voted to the local inventory by the AHC would preserve housing that represents different eras of Arlington’s architectural history
  • Regarding surveying the community about housing, the 2020 Envision Arlington Annual Town Survey asked a series of questions about housing. A full report on this survey is available on arlingtonma.gov/envision.
  • Regarding developing and implementing a plan to increase our quota of affordable housing to the 10% state recommendation, the Town, through DPCD and specifically the Housing Plan Implementation Committee with this year’s update to the Housing Production Plan, is actively working to address the loss of affordability in Arlington through the diversification of housing stock and support the creation and preservation of affordable housing development. The Plan lays out clear housing goals, including creating and preserving permanently deed-restricted affordable housing.

 

The petitioner did not acknowledge this Article would have a financial impact on current property owners, future property owners, residents, or revenue collection by the Town. 

Vote Language:
The Redevelopment Board voted (5-0) to recommend No Action on Article 46.