Zoning Board of Appeals - Dec 10th, 2024
Meeting held via remote participation. Materials were available from https://arlington.novusagenda.com/agendapublic/MeetingView.aspx?MeetingID=2153&MinutesMeetingID=-1&doctype=Agenda.
This notes cover a subset of agenda items.
Discussion of possible Zoning Bylaw Revisions
(Christian Klein, ZBA Chair) Mr. Klein says he'll be appearing at the December 16th Arlington Redevelopment Board meeting to discuss potential zoning articles. His first request would be for the ARB to take a look at our parking bylaws; Mr. Klein says he made this request last year as well. The second would involve lot coverage. The zoning bylaw regulates lot coverage, but doesn't define it. There is a definition of "building coverage", which is not used in the bylaw. Mr. Klein hopes that inconsistency can be addressed.
Mr. Klein says that Redevelopment Board member Steve Revilak is attending tonight's ZBA meeting. He asks if Mr. Revilak can summarize what the ARB is planning to bring forward this year.
(Steve Revilak, ARB) Mr. Revilak says he wasn't prepared to speak, but he'll try to answer the question. Earlier this year, the state legislature changed the zoning act with a requirement that accessory dwelling units be allowed by right. There are places where Arlington's ADU bylaw conflicts with the state law, and we'll need to change our bylaw to comply.
(?) A member of the ZBA asks what those changes might look like.
(Steve Revilak) Mr. Revilak says he's been reading EOHLC's draft regulations, which have been a useful source of information. There are at least two, and possibly three things that we'll need to change. First, the state law prohibits an owner occupancy requirement, which conflicts with our requirement that the owner sign an affidavit when the certificate of occupancy is issued. Second, our bylaw imposes a special permit requirement when an ADU is within 6' of a property line, but the state law requires them to be allowed by right. Finally, the regulations mention something about ADUs and short term rentals; Mr. Revilak isn't clear as to what's involved there.
Mr. Revilak says the ARB had been planning to propose a new Arlington Heights Business District to replace the patchwork quilt of districts that's currently in the Heights. This may be pushed off for a year.
There's likely to be a citizen article for an affordable housing overlay, and perhaps other citizen articles as well.
(?) A member of the ZBA asks if the board will stop hearing ADU cases.
(Steve Revilak) Mr. Revilak believes that will be the case.
(Pat Hanlon, ZBA) Mr. Hanlon says he'd like to see changes to the provisions involving second driveways. Some of the provisions don't seem to apply, and the ZBA generally focuses on traffic safety during. Mr. Hanlon thinks it would be helpful for the bylaw to include a checklist, or a set of standards for when a second driveway should be allowed. Mr. Hanlon thinks that (Town Transportation Planner) John Alessi could help with standards. He says this may not be something that we change in April.
Regarding ADUs, Mr. Hanlon would like to make a pitch that what's currently allowed by special permit be allowed by right. The intent of the state law is to expand what's allowed, and he feels that's what Arlington should do. Of the ADUs permitted in Arlington, a significant number required special permits because they were within 6' of a property line.
(Christian Klein) Mr. Klein brings up the scenario where a homeowner builds a large addition in order to add an ADU. The large addition requires a special permit, so that case should be considered as well.