ZONING BYLAW AMENDMENT / TWO-FAMILY CONSTRUCTION ALLOWED BY RIGHT IN R0 AND R1 RESIDENTIAL ZONES

To see if the Town will vote to amend Section 5.4 of the Zoning Bylaw by amending definitions and expanding allowable residential uses in R0 Large Lot Single-Family District and R1 Single-Family District; or take any action related thereto.

Inserted at the request of David Levy and 10 registered voters

VOTE: Favorable Action (3-2, Ms. Zsembery and Mr. Lau dissented)

DISCUSSION
Article 40 proposes to allow the construction of two-family dwellings in the R0 and R1 residential districts which currently only permit single-family dwellings by right. In many areas, developers are already tearing down older single-family homes and rebuilding houses that are much larger, maximizing what is allowable under the dimensional restrictions of the Zoning Bylaw. If those homes could provide two units rather than just one, they would each be less expensive than a single larger house. This article would not change any of the dimensional requirements, so two-family homes could not be built any larger than single-family homes are currently allowed to be.

 
One member of the Board noted that the original rationale for zoning in general, dating back to the Euclid vs. Ambler Realty case decided by the Supreme Court in 1926, was to separate industrial uses from residential uses. But that rationale did not explain why municipalities might want to limit the number of residential units on each lot in residential districts. The Supreme Court justified that type of restriction by referring to apartment buildings as “parasites” and saying that they would destroy single-family neighborhoods. That aspect of the Euclid decision has been criticized ever since it was issued. Many two-family homes are currently sprinkled throughout the R1 districts in Arlington, and they do not have a negative impact on the nearby single-family homes.

 
Board members noted that because this article will not change the dimensional regulations in R0 and R1 districts, it will not lead to a greater loss of green space and trees than is already allowed to happen when large single-family homes are built.

 
One Board member explained that a similar change has been enacted in Minneapolis and statewide in Oregon. In both places, change has happened gradually, and it will likely be gradual in Arlington as well. It has taken decades for limitations on housing to create a housing shortage, and it will likely take decades to reverse it.

 
One Board member noted that it is already possible to add a second unit in the R0 and R1 districts by building an accessory dwelling unit, so it is not necessary to further change the use tables to allow for two-family and duplex dwellings.

 
Some Board members also expressed concern with the lack of community outreach and engagement about this article; many homeowners in the R0 and R1 districts do not know that this change has been proposed. They stated that the Board and DPCD worked hard to engage all the voices that needed to be heard in the MBTA Communities process in 2023, and those voices and unique perspectives enriched the plan that was ultimately passed. That depth and breadth of community engagement has not happened in this case. It is difficult for an individual resident to engage in that level of outreach, so it might make sense in the future for proposals that make this significant a change to come from the Board, which can use the resources of Town staff to plan public meetings and engage in widespread communication. Note that because this is a proposed definition and change of use modification in the Zoning Bylaw and not a map change, no legal notice to parcel owners or abutters is required.

2/3 Vote Required

That the Zoning Bylaw be and hereby is amended as follows:
 
Amend SECTION 5.4.1.A, as follows:

 
A. R0, R1, and R2. The R0, R1, and R2 districts are traditional residential districts. Together, these districts comprise a substantial majority of the residentially zoned land in Arlington.

 
(1) R0: Large Lot Single-Family Residential District. The Large Lot Single-Family Residential District has the lowest residential density of all districts and is generally served by local streets only. The Town discourages intensive land uses, uses that would detract from the single-family residential character of these neighborhoods, and uses that would otherwise interfere with the intent of this Bylaw.
(2) R1: Single-Family Residential District. The predominant uses in R1 are single-family, two-family, and duplex dwellings, and public land and buildings. The Town discourages intensive land uses, uses that would detract from the single-family residential character of these neighborhoods, and uses that would otherwise interfere with the intent of this Bylaw.

 
Amend SECTION 5.4.2, Dimensional and Density Requirements, Subsection A, Tables of Dimensional and Density Regulations, as follows:

• Change the “R District Building Height and Floor Area Ratio Regulations” table; combine the rows relating to R0, R1, and R2 structures such that it includes “Single Family detached dwelling, two-family dwelling, duplex dwelling” on the first line;

 
so that said rows read as follows:

 Amend SECTION 5.4.3, Use Regulations for Residential Districts, as follows:

 
• On line 3 of “Use Regulations for Residential Districts" table, labeled "Two-family dwelling, duplex,” add the letter “Y” under the columns labeled "R0" and "R1";
so that said row read as follows:

Redevelopment Board Report

Moderator Memo re: Procedural Order

Motion to Commit, Gary Goldsmith and Matthew Miller, Precinct 11

Amendment, BethAnn Friedman, Precinct 15 

Amendment to Goldsmith Motion, Joanne Cullinane, Precinct 21

Statement by Carmine Granucci, Precinct 21

Statement by John Worden, Precinct 8

Statement by Xavid Pretzer, Precinct 17

Statement by Rebecca Gruber, Precinct 10

Presentation by Carl Wagner, Precinct 15

Statement by David Levy, Precinct 18

Statement by Marina Popova, Precinct 13
Statement (Weinstein) submitted by Robin Bergman, Precinct 12
Statement (Marx) submitted by Joanne Cullinane, Precinct 21
Statement (Pascale) submitted by Joanne Cullinane, Precinct 21
Statement by Flynn Monks, Precinct 19
Statement by Elizabeth Pyle, Precinct 8