A municipality’s master plan is intended to set the vision and start the process of crafting the future of the municipality in regard to several elements, housing, history, culture, open space, transportation, finance, etc. Arlington began a very public discussion about these issues and the development of the Master Plan in 2012. In 2015, after thorough community wide discussion, the Master Plan was adopted by Town Meeting. This year, 2019, the focus is on passing Articles that will amend the current zoning bylaws in order to implement the housing vision that was approved in 2015.
Related articles
(Contributed by HCA Board Member Laura Wiener, and Executive Director Erica Schwarz)
The Housing Corporation of Arlington (HCA), the Town’s non-profit housing developer, is excited to create a new development on Sunnyside Ave with 43 new affordable homes. The homes will be a diverse mix of sizes and serve people of different incomes, all under 60% of the area median income. Arlington and the entire Greater Boston region have a severe shortage of affordable housing, which this project will help to address. Arlington’s Master Plan, Housing Plan, and Housing Trust Action Plan all acknowledge the need to create significantly more affordable housing.
The HCA’s new Sunnyside Ave proposal is located just off Broadway, near the Alewife Brook DCR Greenway and the Somerville line; it’s a great location near a supermarket, bus lines, and a modest walk to Davis Square. Currently, the site is a dilapidated former auto body shop. The proposal is designed to meet the specific needs of HCA’s residents and the Arlington community. The development will be Passive House certified. It includes 21 vehicle parking spaces, approximately 70 bike parking spaces, and a 2nd floor roof garden for tenants to enjoy. The development also includes a community room that the HCA will share with other local groups. The project will also add a sidewalk on Sunnyside Ave where there currently isn’t one. HCA owns the site and expects to start seeking zoning approval in the spring.
Building affordable housing is a long and complicated process, due to the permitting process plus the number and complexity of funding sources needed. The state’s Department of Housing and Community Development receives many more requests than they can fund in every funding round. We expect to complete the permitting process in 2023, secure our financing by the end of 2024, and start construction in early 2025. With an expected construction timeline of around one year, HCA expects to see tenants moving into the building in spring, 2026. A public forum on the project is anticipated in the coming months. Given the complicated funding and permitting challenges, your monetary and public support of our new development on Sunnyside Ave would be appreciated.
The Housing Corporation of Arlington is a non-profit, community-based developer and owner of affordable housing in Arlington. It owns 150 units of affordable rental housing in all parts of town. The units are occupied by a diverse mix of families and individuals. HCA has been purchasing, rehabilitating, and building new housing since 2000, and also provides social service programs to support family stability and build community connection and engagement. Every week, HCA staff help local families who are struggling with the extreme cost of housing, making the creation of more affordable homes both urgent and important.
The staff, board of directors, and the more than 1,000 tenants, donors, and members who make up the HCA organization are very excited about this opportunity to expand Arlington’s portfolio of affordable housing. Our most recent projects included three newly constructed buildings—two in Downing Square (Lowell Street) and a mixed-use property shared with “Arlington Eats” on Broadway. To learn more about HCA or apply for housing, go to: https://www.housingcorparlington.org.
Article 1 in a series on the Arlington, MA master planning process. Prepared by Barbara Thornton
Arlington, located about 15 miles north west of Boston, is now developing a master plan that will reflect the visions and expectations of the community and will provide enabling steps for the community to move toward this vision over the next decade or two. Initial studies have been done, public meetings have been held. The Town will begin in January 2015 to pull together the vision for its future as written in a new Master Plan.
In developing a new master plan, the Town of Arlington follows in the footsteps laid down thousands of years ago when Greeks, Romans and other civilizations determined the best layout for a city before they started to build. In more recent times, William Penn laid out his utopian view of Philadelphia with a gridiron street pattern and public squares in 1682. Major Pierre Charles L’Enfant developed the hub and spoke street plan for Washington DC in 1798. City planning started with new cities, relatively empty land and a “master builder” typically an architect, engineer or landscape architect commissioned by the land holders to develop a visionary design.
In the 1900’s era of Progressive government in America, citizens sought ways to reach a consensus on how their existing cities should evolve. State and federal laws passed to help guide this process, seeing land use decisions as more than just a private landowner’s right but rather a process that involved improving the health and wellbeing of the entire community. While the focus on master planning was and still is primarily physical, 21st century master planners are typically convened by the local municipality, work with the help of trained planners and architects and rely heavily on the knowledge and participation of their citizenry to reflect a future vision of the health and wellbeing of the community. This vision is crafted into a Master Plan. In Arlington the process is guided by Carol Kowalski, Director of Planning and Community Development, with professional support from RKG Associates, a company of planners and architects and with the vision of the Master Planning advisory committee, co-chaired by Carol Svenson and Charles Kalauskas, Arlington residents, and by the citizens who share their concerns and hopes with the process as it evolves. This happens through public meetings, letters, email, and surveys. The most recent survey asks residents to respond on transportation modes and commuting patterns
We all do planning. Starting a family, a business or a career, we lay out our goals and assume the steps necessary to accomplish these goals and we periodically revise them as necessary. The same thing is true for cities. Based on changes in population, economic development, etc. cities, from time to time, need to revise their plans. In Massachusetts the enabling acts for planning and zoning are here http://www.mass.gov/hed/community/planning/zoning-resources.html. The specific law for Massachusetts is MGL Ch. 41 sect. 81D. This plan, whether called a city plan, master plan, general plan, comprehensive plan or development plan, has some constant characteristics independent of the specific municipality: focus on the built environment, long range view (10-20 years), covers the entire municipality, reflects the municipality’s vision of its future, and how this future is to be achieved. Typically it is broken out into a number of chapters or “elements” reflecting the situation as it is, the data showing the potential opportunities and concerns and recommendations for how to maximize the desired opportunities and minimize the concerns for each element.
Since beginning the master planning process in October, 2012, Arlington has had a number of community meetings (see http://vod.acmi.tv/category/government/arlingtons-master-plan/ ) gathering ideas from citizens, sharing data collected by planners and architects and moving toward a sense of what the future of Arlington should look like. The major elements of Arlington’s plan include these elements:
1. Visions and Goals http://www.arlingtonma.gov/home/showdocument?id=19829
2. Demographic Characteristics http://www.arlingtonma.gov/home/showdocument?id=19838
3. Land Use http://www.arlingtonma.gov/home/showdocument?id=19834
Working paper: http://www.arlingtonma.gov/home/showdocument?id=19825
4. Transportation http://www.arlingtonma.gov/home/showdocument?id=19830
Working paper: http://www.arlingtonma.gov/home/showdocument?id=19822
5. Economic Development http://www.arlingtonma.gov/home/showdocument?id=19837
Working paper: http://www.arlingtonma.gov/home/showdocument?id=19828
6. Housing http://www.arlingtonma.gov/home/showdocument?id=19835
Working paper: http://www.arlingtonma.gov/home/showdocument?id=19826
7. Open Space and Recreation http://www.arlingtonma.gov/home/showdocument?id=19832
Working paper: http://www.arlingtonma.gov/home/showdocument?id=19824
8. Historic and Cultural Resources http://www.arlingtonma.gov/home/showdocument?id=19836
Working paper: http://www.arlingtonma.gov/home/showdocument?id=19827
9. Public Facilities and Services http://www.arlingtonma.gov/home/showdocument?id=19831
Working paper: http://www.arlingtonma.gov/home/showdocument?id=19823
10. Natural Resources
Working paper: http://www.arlingtonma.gov/home/showdocument?id=19824
The upcoming articles in this series will focus on each individual element in the Town of Arlington’s Master Plan.
It’s the time of year when folks in Arlington are taking out nomination papers, gathering signatures, and strategizing on how to campaign for the town election on Saturday April 1st. The town election is where we choose members of Arlington’s governing institutions, including the Select Board (Arlington’s executive branch), the School Committee, and — most relevantly for this post — Town Meeting.
If you’re new to New England, Town Meeting is an institution you may not have heard of, but it’s basically the town’s Legislative Branch. Town Meeting consists of 12 members from each of 21 Precincts, for 252 members total. Members serve three-year terms, with one-third of the seats up for election in any year, so that each precinct elects four representatives per year (perhaps with an extra seat or two, as needed to fill vacancies). For a deeper dive, Envision Arlington’s ABC’s of Arlington Government gives a great overview of Arlington’s government structure.
As our legislative branch, town meeting’s powers and responsibilities include:
- Passing the Town’s Operating Budget, which details planned expenses for the next year.
- Approving the town’s Capital Budget, which includes vehicle and equipment purchases, playgrounds, and town facilities.
- Bylaw changes. Town meeting is the only body that can amend the towns bylaws, including ones that affect housing — what kinds can be built, how much, and where.
Town Meeting is an excellent opportunity to serve your community, and to learn about how Arlington and its municipal government works. Any registered voter is eligible to run. If this sounds like an interesting prospect, we encourage you to run! Here’s what you’ll need to do:
- Have a look at the town’s Information for new and Prospective Town Meeting Members.
- Contact the Town Clerk’s office to get a set of nomination papers. You’ll need to do this by 5:00 PM February 12th, 2025 at the latest.
- Gather signatures. You’ll need signatures from at least ten registered voters in your precinct to get on the ballot (it’s always good to get a few extra signatures, to be safe).
- Return your signed nomination papers to the Clerk’s office by February 14, 2025 at 5:00 PM.
- Campaign! Get a map and voter list for your precinct, knock on doors, and introduce yourself. (Having a flier to distribute is also helpful.)
- Vote on Saturday April 5th, and wait for the results.
Town Meeting traditionally meets every Monday and Wednesday at 8:00 PM, starting on the 4th Monday in April (which is April 28th this year), and lasting until the year’s business is concluded (typically a few weeks).
If you’d like to connect with an experienced Town Meeting Member about the logistics of campaigning, or the reality of serving at Town Meeting, please email info(AT)equitable-arlington.org and we’d be happy to make an introduction.
During the past few years, Town Meeting was our pathway to legalizing accessory dwelling units, reducing minimum parking requirements, loosening restrictions on mixed-use development in Arlington’s business districts, and adopting multi-family zoning for MBTA Communities. Aside from being a rewarding experience, it’s a way to make a difference!
Dave Weinstock, an Arlington resident interested in affordable housing wondered about the concept of “developer math”. The math involved in planning an affordable housing projects is a problem that needs to get solved in order to have anything built here in Arlington, or anywhere. This topic comes up frequently in community discussions about the need for more housing.
Questions are raised around:
- 1- Why build so many units vs. smaller buildings
- 2- Why parking is costly and inefficient use of land
- 3- Why can’t more affordable or all affordable units be built?
- 4- The cost of subsidizing affordable units and how that may translate to higher rental rates/costs, etc.
Dave found a great Architecture and Development firm in Atlanta (Kronberg Urbanists + Architects, based in Atlanta GA) that lays out a nice presentation, includes sample proformas, and real life scenarios that may help us understand this piece of the puzzle better when evaluating any project and how developers may be incented to build certain types of projects or do certain types of work.
Here is a link, reformatted to be within this website, to the presentation, showing the varieties of choices, costs, formulas and outcomes developers consider before deciding if the project can be built: https://equitable-arlington.org/developer-math_kua_071420/
Much of our hope for more affordable housing depends on the market forces of capitalism and the willingness of developers to build for good, not just for profit. But the developers must be able to cover their costs. Many communities are highly skeptical of developers, assuming the community will get tricked, the developer will get greedy and the promised housing will be a disappointment. Trust is needed. But so is verification. We all need to learn the developer math.
What are the math factors that a developer considers before deciding to build affordable housing?
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Here is a link to the original presentation. https://www.kronbergua.com/post/mr-mu-let-s-talk-about-math
In 2015 Town Meeting approved the Master Plan. Following is the Housing chapter of that plan. It contains a great deal of information about details of the housing situation in Arlington, challenges of housing price increases, needs for specialty housing, opportunities for meeting these needs, etc. The authors found that “most cities and towns around Arlington experienced a significant rise in housing values from 2000 to 2010. A 40 percent increase in the median value was fairly common. However, Arlington experienced more dramatic growth in housing values than any community in the immediate area, except Somerville. In fact, Arlington’s home values almost doubled.” This and related data helps explain why the need for affordable housing is now so acute.
For Arlington’s Nov 2020 Special Town Meeting, my colleague Ben Rudick filed the following warrant article:
ARTICLE 18: ZONING BYLAW AMENDMENT/IMPROVING RESIDENTIAL INCLUSIVENESS, SUSTAINABILITY, AND AFFORDABILITY BY ENDING SINGLE FAMILY ZONING
To see if the Town will vote to amend the Zoning Bylaw for the Town of Arlington by expanding the set of allowed residential uses in the R0 and R1 zoning districts with the goal of expanding and diversifying the housing stock by altering the district definitions for the R0 and R1 zoning districts; or take any action related thereto.
(Inserted at the request of Benjamin Rudick and ten registered voters)
The Inspiration
Our goal with Article 18 is to allow two-family homes, by right, in two districts that are exclusively zoned for single-family homes. This is similar to what city of Minneapolis and the state of Oregon did in 2019. The motivations fall into three broad categories: the history of single-family zoning as a mechanism for racial segregation, environmental concerns arising from car-oriented suburban sprawl, and the regional shortage of housing and its high cost. We’ll elaborate on these concerns in the following paragraphs, and end with a proposed main motion.
Single-family zoning as a mechanism for racial segregation. Single-family zoning began to take hold in the United States during the 1920’s, after the Supreme Court declared racially-based zoning unconstitutional in 1917. Secretary of Commerce Herbert Hoover encouraged cities and towns to adopt single-family zoning ordinances, effectively substituting segregation based on race with segregation based on economic status. The idea was furthered by the Home Owners Loan Corporation of America’s (HOLC’s) redlining maps (created between 1935 and 1940), and the Federal Housing Administration’s (FHA’s) mortgage insurance policies from 1934–1968. The HOLC designated areas with black populations as “hazardous” and actuarially risky, and the FHA used these maps when making underwriting decisions. In short, the FHA was in the business of underwriting loans to white home buyers in white neighborhoods.
Of Arlington’s 7,998 single-family homes, 4,080 (51%) were built during 1934–1968 (per Arlington Assessor’s data). The FHA was the primary mortgage underwriter during this time, and we believe it is reasonable to expect that a substantial number of these homes were originally purchased with FHA mortgages. Put another way, most of our single-family housing was likely built according to FHA guidelines of “avoiding inharmonious mixing or races”, aka segregation. Arlington’s population was 99% white in 1970 and even higher during previous decades. We certainly met the criteria of being a white community.
We believe it’s important to recognize this history, and to have a conversation about how we might restore a balance of fairness.
Environmental concerns. When compared with their multi-family counterparts, single-family homes are less energy efficient, more land intensive, and are associated with higher carbon emissions due to ransportation. Car transportation is a useful analogy; having everyone drive in their own car is more carbon-intensive than carpooling (two-family homes), which in turn is more carbon-intensive than taking the bus (3+ unit buildings). Maps created by Berkeley’s Cool Climate Project show this in a clear way: per household carbon emissions are lower in urban areas than they are in the surrounding suburbs. (Note that authors of the Berkeley report do not advocate getting rid of suburbs, but they do state that suburbs will require different carbon reduction strategies than urban areas).
We believe it is more environmentally responsible to build additional homes on sites that are already developed, rather than (say) going out to the suburban fringes along route 495 and clearing half-acre lots. If we do not provide ample housing within Arlington and other inner-ring suburbs, new workers will likely live further out and have longer, more carbon-intensive commutes. Climate change is a crisis, and our response must involve changing how we live, and that includes ending the twentieth-century pattern of suburban sprawl.
The shortage and high cost of housing. Since 2010, the fifteen cities and towns in the Metro Mayor’s coalition have added 148,000 jobs and 110,000 new residents, but have only permitted 32,500 new homes; this has added to a housing shortage that’s been growing for decades. The imbalance between supply and demand has contributed to rising prices and a very hot market. In 2019, the median sale price for homes in Arlington was $821k. We do not expect construction to be a complete solution to Arlington’s housing costs, but we do believe it is a necessary step in meeting rising demand and counteracting rising costs.
Article 18 is most likely to influence the cost of newly-constructed homes. Newly-constructed single-family homes typically sell in the $1.2M–1.5M range while condominiums in new duplexes typically fall into the $800k–1.1M range. These duplex units are not cheap, but they offer a price point roughly four hundred thousand dollars less than new single-family homes.
We also believe our proposal directly addresses three concerns raised by last year’s multi-family proposal (aka 2019 ATM Article 16):
- Concentration. Last year’s proposal would have concentrated new housing around the town’s business corridors, and Massachusetts Avenue in particular. Article 18 will spread new housing across the majority of the town, as 60% of Arlington’s land area (and 80% of its residentially-zoned land) is currently zoned exclusively for single-family homes (figures provided by Arlingtons Department of Planning and Community Development).
- Height and Shadows. Last year’s proposal would have allowed taller buildings along the commercial corridors; there were concerns about increased height, and the shadows new buildings might cast. Article 18 makes no changes to our zoning bylaw’s dimensional regulation; homes built under this bylaw could be no larger than homes we already allow, by right.
- Displacement. Last year’s proposal drew concerns that businesses and apartment renters would be displaced by new construction. Article 18 applies to districts that are exclusively zoned for single-family homes. 95% of our single-family homes are owner-occupied, and can only be rebuilt or renovated with the owner’s consent. We believe this minimizes any risk of displacement.
Finally, we expect the board will be interested in the number of homes that might be added under this proposal, and the potential impact on the school system. We’ll attempt to address those questions here.
Arlington’s report on Demolitions and Replacement Homes states an average of 27 rebuilds or substantial renovations per year, averaged over a ten year period. For the purpose of discussion, we expect the number of new homes added under this proposed bylaw change to be somewhere between half and double that amount, or 14–54 homes/year. Arlington has 7,998 single-family homes so this is a replacement rate well under 1%/year. It will be nothing like the 500 new homes/year that Arlington was building during the 1920s.
Assessing the impact on the school system amounts (in part) to estimating the number of new school students created by the addition of 14–54 homes/year. One can conceivably see this playing out according to three scenarios. Scenario 1 is simply “by the numbers”. The Housing section of Cambridge’s Alewife District Plan estimates one new student for every 17 new homes (see pg. 145), and the economic analysis of Arlington’s industrial districts gives a net increase of one new student for every 20 new condominiums (see slide 49). Both work out to an increase of 1–3 students per year for the addition of 14–54 homes. This is substantially smaller than past enrollment growth, and something the schools should easily be able to handle.
Second, one could imagine a scenario where elementary school enrollment is in modest decline, as students who entered Arlington public schools in the middle of the last decade move on to middle and high school. Here, new elementary students would utilize existing classroom space, which was created to accommodate students that came before them. It’s a scenario where enrollment stabilizes and doesn’t increase much.
Third, one could picture a scenario where any new home is immediately filled with children. Under this assumption it’s likely that any turnover of single-family homes or suitably-sized condominiums would attract families with children. With 7,998 single-family homes, there is little to prevent another demographic turnover from causing another increase in school enrollment, even if Arlington never adds a single additional home.
In summary, the effects on school enrollment are not easy to predict and several outcomes are possible. Ultimately, this will depend on Arlington’s attractiveness to young families, and our ability to retain these families once their students graduate from school.
Our Proposal to the Arlington Redevelopment Board
We propose that the Zoning Bylaw of the Town of Arlington be amended as
follows:
- By adding the letter “Y” to the “Use Regulations for Residential Districts” table in Section 5.4.3, in the row labeled “Two family dwelling, duplex”, and under the columns labeled “R0” and “R1”;
- By adding the letters “SP” to the “Use Regulations for Residential Districts” table in Section 5.4.3, in the row labeled “Six or more units in two-family dwellings or duplex dwelling on one or more contiguous lots”, and under the columns labeled “R0” and “R1”,
Class of Use | R0 | R1 | R2 |
Two-family dwelling | Y | Y | Y |
Six or more units in two-family dwellings or duplex dwelling on one or more contiguous lots | SP | SP | SP |
and, by making the following changes to the definitions of the R0 and R1 districts in Section 5.4.1(A):
R0: Large Lot Single-FamilyResidential District. The Large Lot Single-FamilyResidential 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.
R1: Single-FamilyR1 Residential District. The predominant uses in R1 are single- and two-family 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.
Related Materials
Our Redevelopment Board Hearing
We presented Article 18 to the redevelopment board on Oct 26th. You can watch the presentation below.
The Redevelopment Board did their deliberations and voting two days later, on October 28th. Their report is available from the Town website.
At least three members of the board were supportive of the effort, but they ultimately voted to recommend this action. I attribute the no action vote to two factors. First, in January 2020 the Redevelopment board agreed to perform a public engagement campaign, to educate residents on housing issues facing the town, and to gather input on how those issues could be addressed. The public engagement effort hasn’t started yet (mainly due to the pandemic), and the board was hesitant to recommend favorable action without doing an outreach campaign first.
Second, the board was interested in attaching standards to single- to two-family conversions, and didn’t feel there was enough time in this town meeting cycle to devise an appropriate set of standards. They were interested in design requirements and collecting payments to an affordable housing trust fund. Standards are interesting idea, and worthy of further consideration. For my own taste, I’d be more inclined to ask for performance standards that tied in to Arlington’s Net Zero Action plan.
So, we are going to take the ARB’s feedback, work on the idea some more, and resubmit during a future town meeting.
by Beth Elliott
I’m a member of the Affordable Housing Trust Fund Board and an attorney with over 15 years of practice in affordable housing law. Views expressed are my own, not those of the Trust.
The Town of Arlington and the Arlington Affordable Housing Trust Fund have created the Acquisition, Creation and Conversion (ACC) Program to provide a flexible source of funding for creating deed-restricted affordable housing in Arlington. Up to $250,000 is available per restricted unit, and the Town has dedicated federal ARPA funds to support the ACC Program.
ACC Program funds can be used to build new deed-restricted affordable units, whether rented or owned. ACC funds can only be used for existing units if the current tenants will not be displaced.
“Deed-Restricted” Is Important
“Deed-restricted” is the key component here. Housing that is “deed-restricted” as affordable housing is protected by a legally binding agreement that is recorded against the property in the registry of deeds. This agreement specifies the levels of affordability that must be maintained and for how long. It’s a public commitment to provide affordable housing that binds the current owner of the property as well as anyone else who buys the property while the restriction is in place. The ACC Program requires affordability for at least 20 years for rental units and in perpetuity for homeownership units. For rental properties, this means that tenants know that their units will remain affordable for the long term, even if their landlord changes.
Personally, I’m most excited about the potential to use the ACC Program to apply these protections to existing naturally occurring affordable housing in Arlington. For example, if an owner of an existing apartment building participates in the ACC Program, some or all of the apartment units will become deed-restricted affordable housing. Because ACC Program funds can only be used if the existing tenants aren’t displaced, this locks in deed-restricted affordability for the existing tenants. This innovative feature of the program is rare in my experience of affordable housing programs, and it has RFP potential to make meaningful change for existing tenants of naturally occurring affordable housing.
Get the Full Rules
In addition, the ACC Program can be combined with other funding sources, so there is great opportunity for owners to propose their own solutions. The Request for Proposals (RFP) issued for the ACC Program, available here, provides the full rules for participating in the program.
(This post was originally an email message, discussion open space changes proposed by an Affordable Housing article during the Arlington, MA’s 2019 town meeting. It’s also a decent description of our town’s open space laws.)
Sorry this turned out to be a long post. Our open space laws are kind of complicated.
Arlington regulates open space as a percentage of gross floor area, rather than as a percentage of lot area. Let me give a concrete example: say we have a-one story structure with no basement. It covers a certain percentage of the lot area, and has an open space requirement based on the gross floor area (i.e., the interior square footage of the building).
Now, suppose we want to turn this into a two- or three-story structure. The building footprint does not change, and it covers exactly the same percentage of the lot area. However, the open space requirements double (if you’re doing a two-story building), or triple (if you’re doing a three story building). If that quantity of open space isn’t on the lot, then you can’t add the stories.
For this reason, I’d argue that our open space regulations are primarily oriented to limiting the size of buildings. You really can’t allow more density (or taller buildings) without reducing the open space requirements. Alternatively, if the requirements were based on a percentage of lot area, we probably wouldn’t need a reduction. (Cambridge’s equivalent is “Private Open Space”, and they regulate it as a percentage of lot area.)
The other weird thing about our open space laws is that we define “usable open space” in such a way that it’s possible to have none. (Usable open space must have a minimum horizontal dimension of 25′, a grade of 8% or less, and be free of parking and vehicular traffic). I live on a nonconforming lot that does not meet these requirements, as do the majority of homes in my neighborhood.
Suppose I wanted to build an addition, which would increase the gross floor area. With the non-conformity, I’d have to go in front of the ZBA and show that the current lot has 0% usable open space, and that the house + addition produces a lot with 0% usable open space. Because 0% = 0%, I have not increased the nonconformity, and would be able to build the addition, provided that all of the other dimensional constraints of the bylaw are satisified. Although this isn’t directly related to Article 16, it’s an amusing side effect of how the bylaw is written.
Finally, roofs and balconies. Section 5.3.19 of our current ZBL allows usable open space on balconies at least six feet wide, and on roofs that are no more than 10′ above the lowest occupied floor. We allow 50% of usable open space requirements to be satisfied in this manner.
The relevant section of Article 16 would create a 8.2.4(C)(1) which includes the language
Up to 25% of the landscaped open space may include balconies at least 5 feet by 8 feet in size only accessible through a dwelling unit and developed for the use of the occupant of such dwelling unit.
Article 16’s incentive bonuses strike the usable open space requirement, and double the landscaped open space requirement. With only landscaped open space, 5.3.19 doesn’t apply (it only pertains to usable open space). The language I’ve quoted adds something 5.3.19-like, but for landscaped open space. I say 5.3.19-like because it has a 25% cap rather than a 50% cap, and requires eligible balconies to be at least 5’x8′, rather than 6′ wide.
Here are a few pieces of supporting documentation:
- definitions of landscaped and usable open space from our ZBL
- a diagram to illustrate the difference between landscaped and usable open space.
- The text of section 5.3.19 (which is referenced by the diagram)
- the main motion for Article 16