Item Coversheet


Town of Arlington, Massachusetts


ARTICLE 48
Warrant Article Title:
ZONING BYLAW AMENDMENT/ADA/MAAB STANDARDS IN ADMINISTRATION AND ENFORCEMENT
Warrant Article Text:
To see if the Town will vote to amend the Arlington Zoning Bylaws, Section 3.1 (“Administration and Enforcement”) to add a new clause inserting additional language asserting that all permits, including Special Permits, are conditioned upon compliance with all applicable Massachusetts Architectural Access Board and Americans with Disabilities Acts standards for accessibility; or take any action related thereto. (
Requested by:
(Inserted by the Select Board at the request of the Arlington Disability Commission) 
Report Excerpt:
Including a reference in the Zoning Bylaw may be redundant as compliance with the MAAB regulations is required. This may explain why no references outside of the off-street parking standards were found in peer communities’ zoning bylaws and ordinances. Additionally, one of the goals of the 2018 recodification effort was to move administrative tasks out of the Zoning Bylaw. However, where this amendment provides a cross reference to these laws and regulations, it is an acceptable addition to the Zoning Bylaw. It is important to note this paragraph is added to the Building Inspector and Enforcement section of the Zoning Bylaw, which describes the responsibilities of the Building Inspector as enforcing the State Building Code, including the requirements of the MAAB Regulations. The Office of the Attorney General Municipal Law Unit, in their approval of the 2020 Special Town Meeting zoning amendments, advised the Town that a Building Permit cannot be withheld for failure to comply with non-Zoning Bylaw requirements. 
Vote Language:

The Redevelopment Board voted (5-0) to recommend Action on Article 48. That the Zoning Bylaw be and hereby is amended as follows:

 

Amend SECTION 3.1 to add paragraph D:_________________________

 

D. All special permits, variances, and other relief granted by the Arlington Redevelopment Board and Board of Appeals are conditioned upon compliance with the conditions set forth in such permits and other forms of relief, the State Building Code, and, where applicable, the Massachusetts Architectural Access Board regulations.