ZONING BYLAW AMENDMENT / REDEVELOPMENT BOARD JURISDICTION

To see if the Town will vote to amend Section 3.4.2 of the Zoning Bylaw, to revise the special permit and environmental design review applicability for certain properties abutting the Minuteman Bikeway; or take any action related thereto.

Inserted at the request of the Redevelopment Board

2/3 Vote Required

VOTE: Favorable Action (5-0)

DISCUSSION
In 2024, two applications were filed with the Department of Planning and Community Development for Environmental Design Review to add dormers to a single-family home and a two-family home, as both were located along the Minuteman Bikeway. Under Section 3.4.2 of the Zoning Bylaw, any alterations to the façade of a building in a manner that affects the architectural integrity of the structure on certain residential properties abutting the Minuteman Bikeway require review and approval by the Arlington Redevelopment Board. However, the ARB does not typically review low-density residential development, so in consultation with the Chair of the Zoning Board of Appeals (ZBA), Article 31 proposes to remove single-family, two-family, and duplex properties in a R1 or R2 zoning district along the Minuteman Bikeway from the ARB’s jurisdiction and place them within the ZBA’s jurisdiction. This change would benefit impacted property owners who undertake certain types of renovation projects. Where additional relief from the Zoning Bylaw is required (such as for a large addition, or to build a porch that extends into the minimum yard regulations beyond what is allowed by right), owners of a single-family, two-family, or duplex dwelling along the Minuteman Bikeway would be able to apply to the ZBA for a hearing. This would streamline the process of obtaining all the relief needed for a residential renovation project, and it would allow the ZBA, which has expertise in low-density residential projects, to have appropriate jurisdiction over such projects.

That the Zoning Bylaw be and hereby is amended as follows:
 
Amend SECTION 3.4.2, Environmental Design Review, Subsection A, as follows:

 
3.4.2. Applicability

 
In any instance where a new structure, or a new outdoor use, or an exterior addition or a change in use (a) requires a building permit and special permit in accordance with use regulations for the applicable district or (b) alters the façade in a manner that affects the architectural integrity of the structure, and (c) is one of the uses listed in subparagraphs A through I below, the special permit shall be acted upon by the Arlington Redevelopment Board in accordance with the environmental design review procedures and standards of this Section 3.4.

 
A. Construction or reconstruction on a site abutting any of the following: 

 
(1) Massachusetts Avenue, Pleasant Street, Mystic and Medford Streets between Massachusetts Avenue and Chestnut Street, or Broadway, or the Minuteman Bikeway.

 
(2) The Minuteman Bikeway, unless the site is located in a R1 or R2 district and concerns a single-family, two-family or duplex dwelling, where the applicable Special Permit Granting Authority shall be the Zoning Board of Appeals.

Redevelopment Board Report