Item Coversheet


Town of Arlington, Massachusetts


Article 37
Warrant Article Title:
ZONING BYLAW AMENDMENT / UNSAFE STRUCTURE
Warrant Article Text:

To see if the Town will vote to amend the Zoning Bylaw to update Section 8.1.5 Unsafe Structure to define who may make the determination that a structure is unsafe; or take any action related thereto.

 

Requested by:
(Inserted at the request of the Redevelopment Board)
Report Excerpt:
This amendment emerged from the ZBA and their review of special permits, variances, and appeals of the decisions of the Building Inspector. The purpose of this Article is to establish who may determine whether a structure is unsafe. The ZBA has reported occasional cases where a contractor has removed a portion of a building after a third party hired by the owner classified a structure as unsafe without consulting with the Inspectional Services Department. An inappropriate determination of this nature leads to a portion of a structure being rebuilt that would not otherwise be allowed. This Article clarifies that the determination must be made by the Director of Inspectional Services or their designee to be certain that a building or portion thereof is unsafe prior to its demolition. 
Vote Language:

The Redevelopment Board voted 5-0-0 to recommend Favorable Action on Article 37 that the Zoning Bylaw be and hereby is amended as follows: 

 

Amend Section 8.1.5:                                                                                                                                                   

8.1.5 Unsafe Structure

Except as covered under Section 8.1.7, any structure determined to be unsafe by the Director of Inspectional Services or their designee may be restored to a safe condition, provided such work on any nonconforming structure shall be completed within one year of the determination that the structure is unsafe, and it shall not place the structure in greater nonconformity. A structure may be exempted from this provision by a special permit granted by the Board of Appeals or, in cases subject to Environmental Design Review, Section 3.4., the Arlington Redevelopment Board.