To see if the Town will vote to complete removal of the Usable Open Space requirements for one and two-family uses; or take any action related thereto.

(Inserted at the request of James Fleming and ten registered voters)

The ARB supports this Article because it simplifies and improves usability of the Zoning Bylaw by eliminating overlapping dimensional requirements, which is consistent with the recommendations of the Master Plan, and, although it eliminates the category of “usable open space” from the dimensional requirements, it maintains the other requirements for open space within the Town’s low-density residential uses. In their discussion, the Board noted the multiple requirements that create and regulate open space for residential uses:

- Front setbacks: 20 feet for single- and two-family homes in most districts; 25 feet in the R0 and R1 districts.

- Side yard setbacks: 10 feet for single- and two-family homes in all districts.

- Rear yard setbacks: 20 feet or 20% of lot depth in the R0, R1, and R2 districts, 20 feet in all B districts.

- Maximum lot coverage: 35% in the R0, R1, R2, and R4 districts.

- Landscaped open space: 10% of residential floor area in the R and B districts.

- Usable open space: 30% of residential floor area in the R and B districts.

- Minimum lot frontage: ranging from a minimum of 45 feet to up to 100 feet in the R7. Most districts require a 60 foot minimum lot frontage for single- and two-family homes.

In most communities, setbacks govern the creation of open space; however, Arlington’s Zoning Bylaw includes an additional restriction whereby an open area is not considered usable open space unless it is primarily flat and has 25 foot by 25 foot dimensions. (Newly constructed single- and two-family buildings are required to meet a smaller, 20 foot by 20 foot square, usable open space requirement.) In most districts, this means that older homes that meet required 20 foot rear yard setbacks are nonconforming if they do not have a relatively flat open space of at least 25 feet by 25 feet, even if the rear setback creates a condition whereby a rear yard is 20 feet deep by 45 or 60 feet wide and the total required square footage of usable open space is provided, just not in the prescribed dimensions.

Additionally, in contrast to many communities where open space requirements are created through setbacks or based on a proportion of lot size, the Arlington Zoning Bylaw open space requirements are determined based on a percentage of a residential gross floor area. This means that as a home increases in size, more open space is required for the property to comply with the Zoning Bylaw, to the point where an addition could push a conforming property into nonconformance. This can happen even if the property has a 25 by 25 foot flat back yard.

The Board discussed how these requirements create an onerous and overly restrictive dimensional requirement that increases in size if property owners seek to create additions to their homes. In addition to the usable open space requirement creating a condition where many properties are nonconforming even when setbacks are met, currently conforming properties can become nonconforming through additions that do not expand the footprint of a home, thereby introducing undue restrictions on what an owner can do with their property. It further incentivizes demolition of older nonconforming homes, since the usable open space dimensions required for new construction are smaller than those required for existing homes.

The Master Plan discusses the need to review open space requirements by providing for other types of open space and recommends reducing the number of uses that require a special permit. The current Zoning Bylaw’s definition of usable open space presents an outdated view of how open space should or can function by referring to tennis courts, swimming pools, and clothes drying—some of which could result in large impervious areas—and prioritizing flat lawn areas. The Board noted that under this Article the public and environmental services or “goods” provided by open space – pervious areas, natural habitat, space for landscaping, trees, and pollinators — would still be provided through setbacks, lot coverage, and landscaped open space requirements. Furthermore, the Article does not create new nonconformities, but rather would bring nonconforming single- and two-family homes into conformance with the Zoning Bylaw.

VOTED: Favorable Action (4/0)

That the Zoning Bylaw be and hereby is amended as follows:

Amend Section 5.4.2(A): Tables of Dimensional and Density Regulations:                                                        

Amend Section 5.5.2(A): Tables of Dimensional and Density Regulations:                                                     

Report of the Arlington Redevelopment Board

Memo from Director of Inspectional Services

Memo from Director of Planning and Community Development

Submitted by Vincent Baudoin, Precinct 1

• Video - James Fleming
• Presentation - James Fleming PDF format
• Presentation - James Fleming PPT format
• Background on the article
• Background on Usable Open Space

Statement by Chris Loreti, Precinct 7