Item Coversheet


Town of Arlington, Massachusetts


Article 2
Warrant Article Title:

ZONING BYLAW AMENDMENT/ FAMILY CHILD CARE

Warrant Article Text:

To see if the Town will vote to amend the Zoning Bylaw to update Section 2 Definitions, Section 5.4.3 Use Regulations for Residential Districts, Section 5.5.3 Use Regulations for Business Districts, and Section 5.6.3 Use Regulations for MU, PUD, I, T, and OS DISTRICTS to allow family child care as a by right use and to set standards and requirements in all Residential, Business, and MU districts; or take any action related thereto.

Requested by:

(Inserted at the request of the Redevelopment Board)

Report Excerpt:

This Article aligns with the 2019 Annual Town Meeting vote to amend the Zoning Bylaw to comply with the Dover Amendment. The Dover Amendment refers to certain protections that religious, non-profit educational, and childcare facilities receive under the Massachusetts Zoning Act, General Law, chapter 40A, § 3 which at the time were not clearly prescribed for the Zoning Bylaw. State Law limits review of religious, non-profit educational, and childcare facilities to the reasonable regulation of bulk and height of structures and in determining yard sizes, lot area, setbacks, open space, parking, and building coverage requirements.

 

Family Child Care was not included in the 2019 amendment of the Zoning Bylaw; at present, the Zoning Bylaw requires applicants seeking to open or operate a family childcare facility as an accessory use to obtain a special permit in all but the PUD Zoning District. The use is also not currently allowed in the Industrial District. The ARB noted that family child care facilities must comply with strict standards and annual monitoring by the Massachusetts Department of Early Education and Care to receive and renew their operating licenses.[1]

This amendment makes clear that Family Child Care is included as a childcare facility and does not need to seek an Environmental Design Review special permit from the ARB. It also clarifies that the Board will add this review to its existing Board Rules and Regulations and provides a footnote referring readers to where an applicant can reference Board Rules and Regulations. The Board will amend its rules to include administrative review of these uses. This regulatory amendment is consistent with policy in neighboring municipalities, which allow family childcare as an accessory use as of right with minimal administrative review.


[1] Massachusetts Department of Early Education and Care, Self-Assessment Tool, accessed at https://www.mass.gov/doc/self-assessment-tool-0/download

Vote Language:

ARB Vote and Recommendation to Town Meeting: The Redevelopment Board voted (5-0-0) to recommend Favorable Action on Article 2 as amended that the Zoning Bylaw be and hereby is amended as follows:

 

Amend SECTION 2:

Family Child Care: a private residence which is licensed by the Massachusetts Department of Early Childhood Education and Care and which on a regular basis, receives for temporary custody and care during part or all of the day, children under 7 years of age, or children under 16 years of age if those children have special needs, and receives for temporary custody and care for a limited number of hours children of school age under regulations adopted by the board. The total number of children under 16 in a family child care shall not exceed 10, including participating children living in the residence.

 

Amend SECTION 5.4.3:

 

Class of Use

R1

R2

R3

R4

R5

R6

R7

Accessory Uses

 

Family child care1

SP Y

SP Y

SP Y

SP Y

SP Y

SP Y

SP Y

1 When in compliance with the Commonwealth of Massachusetts Standards for the Licensure or Approval of Group Day Care Centers, and subject to and in compliance with the Arlington Redevelopment Board Rules and Regulations.

 

Amend SECTION 5.5.3:

 

Class of Use

B1

B2

B2A

B3

B4

 

B5

 

Accessory Uses

Family child care1

SP Y

SP Y

SP Y

SP Y

SP Y

 

SP Y


1 When in compliance with the Commonwealth of Massachusetts Standards for the Licensure or Approval of Group Day Care Centers, and subject to and in compliance with the Arlington Redevelopment Board Rules and Regulations.

 

Amend SECTION 5.6.3:

 

Class of Use

MU

PUD

I

T

OS

Accessory Uses

Family child care1

SP Y

Y

 

 

 

1 When in compliance with the Commonwealth of Massachusetts Standards for the Licensure or Approval of Group Day Care Centers, and subject to and in compliance with the Arlington Redevelopment Board Rules and Regulations.