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Friday, September 22, 2023

What happened at the 9/18 ARB Meeting - new density Articles

 What happened at the 9/18 ARB Meeting - new density Articles

 (where old 2019 density Articles and new density increases were presented)

On an incredibly rainy Monday September 18, the ARB met at the Community/Senior Center.  13 members of the public participated.  The ARB refuses to conduct meetings in hybrid format, with a zoom-type connection for those who cannot join in person, which was particularly a limiting factor in public awareness and participation last night.

The Chair allowed 3 minutes for public comment.  At this meeting, unlike the well attended meeting of 9/11 (see our blogpost here) much of Arlington's comments were silenced at 10pm.   A video of the rainy night meeting is here below:

https://youtu.be/-bu_CAOtLso?si=5hyrpdOdBljUabKE 




The Articles presented were not specifically MBTA density overlay connected, but are being presented by the Town (Planning Dept) to the 4 member ARB for their approval without any public review, awareness, input or changes.   Some comments were made by the ARB members that the public could have heard about these Articles because they were initially presented for Sprint 2023 Town Meeting.  However, they were soon pulled from the Spring Town Meeting and, to our knowledge, absolutely no public meetings, forums, feedback and input sessions at all have occurred on the Articles from this meeting.   

Please review ARFRR's blog for many of the same Articles that the Town put forward to increase density in business districts (and impact abutters in residential districts.  In 2019, the Town Meeting would have rejected the ARB's supported Articles that the Town Planning Department put forward.  In fact Chair Andrew Bunnell made this brief speech to the Town Meeting, apologizing for the Articles and the lack of coordination and involvement with the public and the Town Meeting - and vowed that the ARB would do a better job in the future.  See also video2019.arfrr.org



Fast forward to the rainy night on September 18, 2023 - the Town didn't even present meetings on these articles to the public - unlike in 2019.   At this lightly attended evening, members of the public spoke and suggested that therefore these Articles should not receive ARB support, but a vote of 'no action' and be put off until the next regular Town Meeting, and be presented properly to the town and Town Meeting in the intervening time.  

It is hoped that the ARB realizes that Arlington hasn't had any chance process these Articles, even as they will make major changes in B districts and to abutters - and votes "no action" so that they can be moved to a future Town Meeting - and that the Town Planning Department will conduct better public outreach and opinion gathering.  

These Articles dove-tail with increases in density, and loss of protections for abutters, open space and our town that the MBTA Communities density overlay Act is also proposing, which will also be debated at the Special Town Meeting beginning October 17.   We'd urge you to look over these proposals and to speak with your 12 Town Meeting Members so that they not support this set of very bad proposals for our town.

09/18/23
Redevelopment Board
Arlington Community Center, Main Hall, 27 Maple Street, Arlington, MA 02476

ARTICLE B (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT/ OPEN SPACE IN BUSINESS DISTRICTS

To see if the Town will vote to amend the Zoning Bylaw to update Section 2 DEFINITIONS, Section 5.3.21 SUPPLEMENTAL REQUIREMENTS IN THE BUSINESS AND INDUSTRIAL DISTRICTS, Section 5.3.22 GROSS FLOOR AREA, and Section 5.5.2 DIMENSIONAL AND DENSITY REQUIREMENTS to modify the requirements for landscaped and usable open space in the Business Zoning Districts; or take any action related thereto.

    ARFRR's concern about the 9/18 ARB Density Articles:

B-Completely eliminates the usable open space requirement for any uses except 1-3 family homes, townhouses, and apartment buildings.  Also redefines usable open space to include roofs and lot areas of any slope.  Also changes the required amount of both usable open space and landscaped open space to be based on lot size rather than building area.  This means an increase in the requirement for homes, but a decrease for larger buildings (any with an FAR >1.0)

ARTICLE C (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT/ REAR YARD SETBACKS IN BUSINESS DISTRICTS

To see if the Town will vote to amend the Zoning Bylaw to update Section 5.5.2. DIMENSIONAL AND DENSITY REQUIREMENTS to reduce the rear yard setback or to allow for a variable rear yard setback and establish the criteria for such requirements for any use in the Business Districts; or take any action related thereto.

    ARFRR's concern about the 9/18 ARB Density Articles:
C. and D.  These deal with commercial set-backs and step-backs but the drafts are really muddled, as if the person drafting them didn't know one from the other.  I am still trying to figure these out.  It does look like they are trying to make the upper story stepback requirement apply to only one facade of a corner building.

ARTICLE D (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT/ STEP BACK REQUIREMENTS IN BUSINESS DISTRICTS

To see if the Town will vote to amend the Zoning Bylaw to update Section 2 DEFINITIONS and Section 5 DISTRICT REGULATIONS to clarify and adjust the upper-story building step back to begin at a higher story, clarify the measurement shall be from the principal property line, specify the applicable façades of a building for which the step back is required, and allow for an exemption for smaller parcels for buildings subject to Environmental Design Review with certain exceptions; or take any action related thereto.

    ARFRR's concern about the 9/18 ARB Density Articles:

C. and D.  These deal with commercial set-backs and step-backs but the drafts are really muddled, as if the person drafting them didn't know one from the other.  I am still trying to figure these out.  It does look like they are trying to make the upper story stepback requirement apply to only one facade of a corner building.

ARTICLE E (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT/ REDUCED HEIGHT BUFFER AREA

To see if the Town will vote to amend the Zoning Bylaw to update Section 5.5.2. DIMENSIONAL AND DENSITY REQUIREMENTS to reduce the rear yard setback or to allow for a variable rear yard setback and establish the criteria for such requirements for any use in the Business Districts; or take any action related thereto.

 ARFRR's concern about the 9/18 ARB Density Articles:

E. Essentially eliminates height buffers even though they try to make it look like they aren't doing so.

ARTICLE F (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT/CORNER LOT REQUIREMENTS

To see if the Town will vote to amend Section 5.3.8 CORNER LOTS AND THROUGH LOTS to amend the requirement for corner lots in all Business Districts which requires the minimum street yard to be equal to the required front yard depth; or take any action related thereto.

 ARFRR's concern about the 9/18 ARB Density Articles:

F.  For business districts, eliminates this requirement: A corner lot shall have minimum street yards with depths which shall be the same as the required front yard depths for the adjoining lots, and replaces it with the nominal setbacks for the district (e.g. 0 for mixed use).

ARTICLE G (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT / HEIGHT AND STORY MINIMUMS IN BUSINESS DISTRICTS

To see if the Town will vote to amend Section 5.5.2 DIMENSIONAL AND DENSITY REGULATIONS to add a requirement for a minimum height and number of stories in all Business Districts with exceptions; or take any action related thereto.

 ARFRR's concern about the 9/18 ARB Density Articles:
G.  Establishes minimum height and story requirement in the business district.

ARTICLE H (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT / ADMINISTRATIVE CORRECTION

To see if the Town will vote to amend the Zoning Bylaw to make the following administrative correction: Amend Section 5.9.2.C.(4), Accessory Dwelling Units Administration, to correct a reference it makes to a re-lettered subsection of Section 8.1.3; or take any action related thereto.

 ARFRR's COMMENT about the 9/18 ARB Density Articles:

H. Administrative.  Removes reference to a nonexistent section of the bylaw.

ARTICLE I (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT / RESIDENTIAL USES IN BUSINESS DISTRICTS

To see if the Town will vote to amend the zoning bylaw to alter the use categories of a residential single family home, duplex, or two family home in any of the Business Districts; or take any action related thereto.

ARFRR's concern about the 9/18 ARB Density Articles:

I. Residences in B districts.  This would prohibit one and two-family homes and duplexes in B districts, potentially meaning 1 families could not be converted to two-families, or vice-versa--and making currently allowed homes in the B-districts no longer possible as choices for property owners.

ARTICLE J (tentatively scheduled, subject to change)

ZONING BYLAW AMENDMENT / STREET TREES

To see if the Town will vote to amend the zoning bylaw to require a street tree to be planted for every 25 feet of street frontage for all developments; or take any action related thereto.

 ARFRR's comment about the 9/18 ARB Density Articles:

J. Requirement for the planting of street trees.  (Not sure they can do this either.)