Item Coversheet


Town of Arlington, Massachusetts


ARTICLE 49
Warrant Article Title:
ZONING BYLAW AMENDMENT/SIDEYARD SKY EXPOSURE PLANES
Warrant Article Text:
To see if the Town will vote to amend Section 5.3 of the Zoning Bylaw by inserting, at the end thereof, a new subsection 5.3.23 which describes the Purpose & Intent, Applicability, Definitions, Standards by District, Dimensional and Density Regulations and Exceptions for Sideyard Sky Exposure Planes to accommodate new construction while protecting public health, safety and welfare in residential zoning districts; or take any action related thereto.
Requested by:
(Inserted at the request of Ted Fields and ten registered voters) 
Report Excerpt:

The Warrant Article attempts to regulate the hypotenuse of a triangle created with the other two legs being the side yard setback and the height of the structure. The ARB expressed concern that this blanket provision did not adequately address unique situations and the varying topography in Arlington. The ARB did not believe that the Petitioner adequately analyzed the ramifications of the proposed amendment, which might cause remarkable change to Arlington neighborhoods. For example, it would result in many existing homes becoming nonconforming structures, it would require new homes to be shorter than next door homes in some circumstances, and it does not take into account the many small lots in Town where new construction would be significantly constrained. The ARB believed that this Article exceeds what is needed to meet the stated purposes of this article. 

 

The simpler way to address the mass of structures might be to adjust the required heights and setbacks of various structures in each zoning district, or simply regulate the size of dormers, which this article does in part as well. The ARB believes that the current requirements for height and setbacks are sufficient to protecting the Warrant Article’s stated purposes. In addition, the exemption for additions seems to be at odds with the purpose of the article as well. Although a large addition needs further review by the ZBA, even a modest sized addition could result in the same condition that this article seeks to address.

 

The ARB also notes that, during 2020, the Design Review Working Group (DRWG) and DPCD staff worked with Harriman to develop residential design guidelines for single- and two-family structures in the R0, R1, and R2 Zoning Districts. The Arlington Residential Design Guidelines14 were released in December 2020, with support from the ARB, ZBA, and the DRWG. The Residential Design Guidelines provide area specific strategies to balance creative freedom with guidelines to encourage welcoming and walkable neighborhoods. Rather than regulating through hard numbers, the design guidelines can give designers and community stakeholders more flexibility to find creative solutions.

 

The ARB believes that the Residential Design Guidelines provide clear guidance for specific areas of town and for specific types of houses, as well guidance for a specific home’s relationship to other houses on the block and to the streetscape. For example, and strongly related to this article, the design guidelines recommend “new houses and significant additions should be oriented and located in a way that is consistent with their Neighborhood Block Category” with the accompanying graphic:

 

Further, the design guidelines provide clear recommendations for dormers:

Overall, the Residential Design Guidelines provide clear and concise information and detailed recommendations that are clear to understand.

Vote Language:
The Redevelopment Board voted (5-0) to recommend No Action on Article 49.