To see if the Town will vote to amend the Zoning Bylaw to update Section 5.6.2 DEVELOPMENT STANDARDS to establish the design storm or other criteria that must be met for stormwater retention and treatment to receive an exception to maximum height regulations in the Industrial District; or take any action related thereto.

(Inserted at the request of the Redevelopment Board)

This Article clears up an ambiguity in the Zoning Bylaw relating to stormwater control in the Industrial District. It is a technical clarification.

This Article aligns with the 2021 Town Meeting vote to amend the density and dimensional requirements and uses, and to establish development standards for the Industrial District. This Article provides a technical clarification to correct a current ambiguity in the current Zoning Bylaw having to do with how much stormwater is retained and treated on site for projects on Industrial District sites by defining the appropriate design storm condition. “Design storm” establishes a specific parameter, measurement, or intensity of storm that a stormwater retention system must be capable of handling. The amendment applies only to proposed projects in the Industrial District in which an applicant seeks an exception to the maximum height of 39 feet or 3 stories. (Proposed projects that do not request a height exception remain subject to the standard stormwater requirements.) Applicants seeking a height exception must demonstrate compliance with an additional three development standards above and beyond the six development standards required of all development in the Industrial District. The third additional standard requires applicants to “retain and treat 100% of stormwater on site.” That standard lacks sufficient specificity and concordant standards by which the Board can review proposals and determine compliance and in some larger storms would be unachievable, thus defeating the purpose of allowing extra height if it includes a stricter stormwater standard.

The Article was created in coordination with the Town’s Conservation Agent / Environmental Planner and Town Engineer to ensure compliance with local standards and state policies. The recommended amendment text includes two critical elements: design storm and contaminant loading standards. Meeting these elements requires compliance with a number of other performance standards; however, elaborating the specific details of those standards within the Zoning Bylaw is neither necessary (as standards would be met in order to fulfill the two required elements) and would overly complicate the bylaw.

Overall, these recommended thresholds exceed standard benchmarks, so as to guide the ARB’s decisions on whether an exception from the height maximum is justified through accommodation of a high level but achievable level of stormwater control.  Furthermore, the amendment points to external standards that are updated from time to time based on climate projections to ensure that the Article responds to changes to external standards or other Town policies without requiring subsequent amendments to the bylaw.

In addition to this stormwater standard, projects remain subject to applicable Conservation Commission requirements regarding stormwater control.

VOTED: Favorable Action (4/0)

(D)(7) Development Standards, Exceptions to Maximum Height Regulations in the Industrial District

For new development or additions that would otherwise be subject to Section 5.3.19, heights over 39 feet or three stories are allowed subject to the following development standards:

·        Demonstrate that new buildings or additions shall allow for full sun at least half the time or 50% sun coverage all the time on March 21, June 21, September 21, and December 21 on the lots within the required residential buffer as defined in Section 5.3.19. The Redevelopment Board or Board of Appeals, as applicable, shall find that any shadow on abutters with existing solar panels would be negligible to allow the higher height limit.

·        Provide one (1) of the following sustainable roof infrastructure components. In the case of a building that is solar ready per Section 5.6.2.D(1), the component should cover the remaining roof area where appropriate:

o   Install a vegetated or green roof over 50% of the roof area.

o   Use diffuse, highly reflective materials on 75% of the roof area.

o   Install solar energy panels tied to the electrical system of the building. For new commercial or mixed-use buildings, provide solar PV and/or solar thermal on a minimum of 50 percent of the roof area. 

o   Provide 100% highly reflective concrete topping.

o   Install a blue roof over 50% of the roof area to provide initial temporary water storage and then gradual release of stored water.

Report of the Arlington Redevelopment Board

ARB Presentation