Item Coversheet


Town of Arlington, Massachusetts


Article 36
Warrant Article Title:
ZONING BYLAW AMENDMENT / LARGE ADDITIONS
Warrant Article Text:

To see if the Town will vote to amend the Zoning Bylaw to update Section 5.4.2 Large Additions to clarify how the applicable area is to be calculated; or take any action related thereto.

Requested by:
(Inserted at the request of the Redevelopment Board)
Report Excerpt:

Section 5.4.2 Large Additions outlines the criteria by which an addition qualifies as a large addition and therefore requires a special permit. Under the current subsection 5.4.2.B(6), the determination of whether a proposed addition is a “large addition” can be made using two different requirements. This dual requirement creates some confusion within the Zoning Board of Appeals (ZBA) and with the public when reviewing special permit requests. The ZBA is the Special Permit Granting Authority hearing requests for large additions, and ultimately determines which requirement (the less or more restrictive) applies. This Article clarifies the requirement by indicating that the more restrictive requirement applies and clarifies what is included in determining the increase in gross floor area. This Article was subsequently reviewed by the Zoning Bylaw Working Group of the Master Plan Implementation Committee.

Vote Language:

The Redevelopment Board voted 5-0-0 to recommend Favorable Action on Article 36 that the Zoning Bylaw be and hereby is amended as follows: 

Amend Section 5.4.2:                                                                                                                                                   

5.4.2 Dimensional and Density Requirements

B.      Exceptions to Minimum Lot Area, Minimum Front Yard Lot Width, Frontage, Open Space, Side Yard, and Height Requirements in the R0, R1, and R2 Districts.

(1)    The following applies to any lot shown on a subdivision plan approved by the Board of Survey or on a plan or deed recorded with the Registry of Deeds prior to May 15, 1924. If such lot did not contain a principal building or a building permit was not issued prior to August 28, 1975, the minimum lot size, frontage, open space, and side yard requirements for a residential use shall not apply, and the lot may be built upon with a single- or two-family residential use if permitted in the applicable district, provided that: 

•         The lot contains at least 5,000 square feet of area and 50 feet of frontage, and

•         The lot was not held in common ownership with any adjoining land, and

•         The lot conformed to then-existing dimensional and density requirements at the time that it was shown on an approved plan or by recorded deed or plan, and 

•         The minimum open space requirements of this section are satisfied.

(2)    Exemption for particular streets. The following shall apply to lots on Sunnyside Avenue, Gardner Street, Silk Street, Marrigan Street, and Fremont Street if shown on separate subdivision plans recorded with the Registry of Deeds prior to August 28, 1975. The minimum lot size, minimum frontage, and minimum side yard requirements for residential uses in the R2 district shall not apply, and a single-family dwelling attached to one other single-family dwelling on an adjoining lot as of August 28, 1975, shall be considered a building lot.

(3)    R0 District Minimum Lot Area Exception. Any lot shown on the Zoning Map as proposed by the zoning bylaw change first advertised on February 21, 1991, as being in the R0 district, and which was recorded with the Registry of Deeds on or before February 21, 1991, and which did not contain a principal building, or for which a building permit was not issued, may be built upon with a single family residential use provided that the lot contains not less than 6,000 square feet of area and 60 feet of frontage.

(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. 

(5)    Calculation of Building Height. On a lot with a slope more than 5%, building height is the vertical distance of the highest point of the roof above the average finished grade of the ground using grade plane as defined in the State Building Code.

(6)    Large Additions. No alteration or addition which increases the gross floor area of a building by the lesser of (a) 750 square feet or more, or by (b) 50% or more of the building's gross floor area on the date of application for a permit, or because of cumulative alterations or additions during the previous two years, shall be allowed unless:

•         The addition is constructed entirely within the existing foundation walls, or

•         The Board of Appeals, acting pursuant to Section 3.3, finds that the alteration or addition is in harmony with other structures and uses in the vicinity.

In making its determination, the Board of Appeals shall consider, among other relevant facts, the proposed alteration or addition’s dimensions and setbacks in relation to abutting structures and uses. The increase in gross floor area used to determine the applicability of this section shall only include additions outside the existing footprint of the building.