Item Coversheet


Town of Arlington, Massachusetts


Article 44
Warrant Article Title:
ZONING BYLAW AMENDMENT/RESTAURANT USES
Warrant Article Text:

To see if the Town will vote to amend the Zoning Bylaw to change the square footage threshold above which a restaurant use requires a special permit; or take any action related thereto.

Requested by:
(Inserted at the request of James Fleming and ten registered voters)
Report Excerpt:

The Zoning Bylaw presently requires restaurants greater than 2,000 square feet of gross floor area to obtain a special permit through the ARB’s Environmental Design Review permitting process prior to a change of use, redevelopment, new construction, or expansion. The applicant seeks to reduce the burden on small restaurants seeking to locate in town from needing to apply for a Special Permit by increasing the square footage threshold to 3,000 square feet, which aligns with the requirements for local retail, small professional, business, and medical offices. The amendment would also allow restaurants of less than 3,000 square feet to be established in the B4 Vehicular Oriented Business District.

 

This Article is consistent with the ARB’s goal of advancing Zoning Bylaw amendments to future Town Meetings, specifically around considering zoning amendments to encourage commercial development along the Massachusetts Avenue and Broadway corridors. It additionally advances a recommended action of the Arlington Heights Neighborhood Action Plan to seek changes to local regulations to make it easier to open restaurants, as these are a major “wanted” element for the Heights.

 

During deliberation, the Board discussed the impact on the neighborhoods of increasing the threshold that triggers a special permit for a restaurant. Board members voting affirmatively on this Article (Lau, Revilak, Tintocalis, and Zsembery) conveyed that an increase to the square footage threshold was a supportive action for hospitality in Arlington, and would encourage smaller, independent restauranteurs to open restaurants in town. Board members noted that of all commercial industries, restaurants are the most regulated. In Arlington, restaurants must submit applications for permits through the Board of Health, Inspectional Services Department, and Select Board in addition to requesting a special permit through the ARB, depending on restaurant size. The Board member who opposed the Article (Benson) believes that the petitioner did not adequately demonstrate that the current 2,000 square foot threshold is and has previously been an impediment to new restaurants or show that ARB review adds no value to the current regulatory process.

Vote Language:

The Redevelopment Board voted 4-1-0 to recommend Favorable Action on Article 44 as amended that the Zoning Bylaw be and hereby is amended as follows: 

 

Section 5.5.3: Use Regulations for Business Districts

Class of Use

B1

B2

B2A

B3

B4

B5

Eating & Drinking Establishments

Restaurant

<2,000 3,000 sq. ft. gross floor area

SP

Y

Y

Y

Y

Y

=> 2,000 3,000 sq. ft., and any restaurant that is principal use on lot of 10,000 sq. ft. or more

 

SP

SP

SP

SP

SP


Additional Materials:

ARB Report

Article 44 - video presentation - Fleming, Precinct 3