2020 Special Town Meeting Warrant, Annotated
The 2020 Special Town Meeting will be held in November with special COVID precautions to allow Town Meeting to consider the many non-time-critical Warrant Articles deferred from this summer’s Annual Town Meeting. This includes a variety of bylaws or zoning changes, along with a few other articles.
This now includes the official text of the Special Town Meeting Warrant, and includes cross-references to various board or committee reports on articles where found. Take special note of what articles appear on the consent agenda as well. The Town Meeting Moderator has provided an introductory video for how this Special Town Meeting works.
What’s Happening At Town Meeting
- Your Arlington news coverage covering each night of town meeting as well as analysis of votes and various amendments.
- Monday 16-Nov ACMi Video Votes Approve use of Remote Technology (pass); Article 1, 3, 4 all pass. Blogs: Christian Klein P10, Jeff Hadden P18, Stephen A. Revilak P1
- Wednesday 18-Nov ACMi Video Votes Articles 5,6,7 all pass; discussion of Article 8 amendments; article 8 pass. Blogs: Christian Klein P10, Jeff Hadden P18, Stephen A. Revilak P1
- Monday 23-Nov ACMi Video Votes Articles 4, 9-12 pass, 13 is No Action, 15 passes, and 16 was debated. Blogs: Christian Klein P10, Jeff Hadden P18, Stephen A. Revilak P1
- Monday 30-Nov ACMi Video Votes Articles 23, 24, 15, 16 Pass. Blogs: Christian Klein P10, Jeff Hadden P18, Stephen A. Revilak P1 </li>
- Wednesday 2-Dec ACMi Video Votes Articles . Blogs: Christian Klein P10, Jeff Hadden P18, Stephen A. Revilak P1
Reports To Town Meeting
- Town Manager’s overview of some articles at town meeting (ACMi video interview)
- Town Moderator’s Consent Agenda proposal (Articles 3, 4, 6-12, 14, 22, 24)
- Select Board (updated 12-Nov)
- Finance Committee (updated) AND Finance Committee Addendum AND Finance Committee report on Arlington Police Department (re: Article 6)
- Capital Planning Committee
- Redevelopment Board
- Community Preservation Act Committee
- Human Rights Commission
- Election Modernization Committee on Articles 9, 12, 13, with an updated report on 16-Nov.
How Tos For Town Meeting
Town Meeting will be held virtually over both Zoom (for broadcast, also sent to ACMi as usual) and a new system whereby TMM’s can ask to speak and cast votes, so be sure to read the instructions!
- Town Meeting Member’s User Guide (PDF)
- Virtual Town Meeting Training (presentation)
- How-To Virtual Town Meeting Trainings (video playlist)
- Calendar of Precinct Meetings
- ACMi broadcasts and saves (for later posting) video of this remote meeting
See how I build this page, what happened during the 2020 Annual Town Meeting, or the official Town Meeting page.
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ARTICLE 1 - REPORTS OF COMMITTEES
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To receive, hear, and act upon the reports of the Select Board, Finance Committee, Redevelopment Board, School Committee and other committees, commissions, and boards heretofore appointed, or dissolve any inactive committees; and take any action related thereto.
Inserted at the request of the Town Moderator
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ARTICLE 2 - CONSENT AGENDA
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To see if the Town will vote to take affirmative action on the Warrant Articles listed on the Consent Agenda as printed in the Moderator’s Report, without debate on any of the Articles, provided that, upon the request of any one Town Meeting Member present made before a vote is taken on this Article, an Article requested to be omitted shall be removed from the Consent Agenda and shall be acted upon in the ordinary course of business at this Town Meeting; or take any action related thereto.
Inserted at the request of the Town Moderator
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ARTICLE 3 - BYLAW AMENDMENT/REGULATION OF OUTDOOR LIGHTING – UPLIGHTING
Select Board See Official Article Homepage -
To see if the Town will vote to amend Title V Article 14 Section 3D of the Town Bylaws to include structures used for religious purposes, and structures used for commercial purposes, among the exemptions to the prohibition of uplighting; or take any action related thereto.
Citizen petition led by: Paul Schlichtman
Supplemental documents:
- AMENDMENT by A.Badik: changing the specific hours allowed. VOTED: 16-Nov Pass (for: 177, against: 58, abstain: 5) Amdendment;
- AMENDMENT bt B.Friedman: adding 'exclusively' before commercial buildings. VOTED: 16-Nov Pass (for: 180, against: 54, abstain: 5) Amdendment;
- Select Board voted (5-0) to recommend this article. Select Board report to TMM;
- Select Board votes 4-0 to recommend this article for summer meeting. Select Board Meeting Minutes 10-Feb-2020;
- Select Board Meeting Materials from P. Schlictman Select Board Meeting Records;
- Town Counsel comments to Select Board: Discussion of targeted effect of the change. T.C._Comments.pdf
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ARTICLE 4 - BYLAW AMENDMENT/MINUTEMAN BIKEWAY HOURS
Select Board See Official Article Homepage -
To see if the town will vote to amend Title III, Article 1, Section 10 of the town bylaws (Minuteman Bikeway Hours) to extend the operating hours of the Minuteman Bikeway; or any action related thereto.
Board or Committee Comments:
Discussion: This articles returns to the Warrant from the 2020 Annual Town Meeting. The Select Board strongly supports this effort to increase Minuteman Bikeway hours beyond 9:00 p.m. in recognition of the Bikeway’s increased use in later evening hours. Rather than affix a specific time in the Bylaws, the Board urges Town Meeting to vest discretion in the Town Manager to set and post evening hours (with a curfew no earlier than 9:00 p.m.) as appropriate for conditions. For example, if summer month conditions are appropriate, the Bikeway could be open for longer periods than in winter months. It bears noting that several Bikeway communities, including Lexington and Bedford have no hour restrictions whatsoever. This proposal would maintain control of Bikeway hours, but afford appropriate flexibility as seasonal or infrastructure conditions allow.
Vote Language: That that Title III, Article 1, Section 10 of the Town Bylaws (“Minuteman Bikeway Hours”) be and hereby is amended as follows:
Section 10. Minuteman Bikeway Hours
The Minuteman Bikeway shall be open to the use of the public between the hours of 5:00 A.M. and such evening hour as set and posted by the Town Manager no earlier than 9:00 P.M. Anyone found on said premises between the posted evening hours of 9:00 P.M. and 5:00 A.M. shall be considered trespassers and subject to a fine of up to $20.
Citizen petition led by: Adam MacNeill
Supplemental documents:
- AMENDMENT P. Muldoon - removing entirely Section 10 of bylaws specifying hours, extending hours indefinitely. VOTED: 23-Nov Pass (for: 211, against: 29, abstain: 2) Amendment #1;
- Select Board voted (5-0) to recommend this article. Select Board report to TMM;
- Select Board summer vote and recommendation to change bylaw to make Town Manager responsible (and to extend hours). Select Board Meeting Minutes 10-Feb-2019;
- Select Board Meeting Materials from Acting Police Chief; J. Raitt, A. MacNeill Select Board Meeting Records;
- Town Counsel comments to Select Board: discusses impact (none) of MBTA agreements on the change. T.C._Comments.pdf
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ARTICLE 5 - HOME RULE LEGISLATION/BYLAW AMENDMENT/FOSSIL FUEL INFRASTRUCTURE
Select Board See Official Article Homepage -
To see if the Town will vote to authorize and request the Select Board to file Home Rule Legislation to allow the Town of Arlington to regulate fossil fuel infrastructure in new construction and/or major renovation and rehabilitation projects in Arlington for the purposes of reducing greenhouse gas emissions and encouraging renewable energy production and use, notwithstanding the State Building Code, the Gas Code, M.G.L. c. 164 or any other law of the Commonwealth regulating natural gas as a residential utility; and further to vote to establish a new section of Title VI of the Town Bylaws prohibiting or otherwise regulating the installation of fossil fuel infrastructure in new construction projects and/or major renovation and rehabilitation projects in Arlington, and to set forth the terms and scope of such prohibition, including exemptions or waivers to same; or take any action related thereto.
Proposer Comments: As the Board likely knows, several communities in the Commonwealth have considered or adopted a prohibition on installation of new infrastructure for fossil fuel-based systems (including natural gas and oil-based systems) in new construction and major renovation projects; most notably [Brookline at its November 2019 Special Town Meeting](https://www.brooklinema.gov/DocumentCenter/View/20106/November-19-2019-Special-Town-Meeting-Warrant). The overall purpose of these ordinances is to take action to reduce carbon emissions in response to the climate change crisis. Such ordinances have generally been limited in scope to prohibit installation of new gas or oil pipping and systems such as certain boilers, furnaces, and cooktops, primarily in new residential construction but could be broader or narrower in Arlington. Similarly, the scope of exemptions to such prohibitions likely varies considerably.
Select Board at the request of the Clean Energy Future Committee
Supplemental documents:
- Select Board votes (4-0, one abstention) to recommend. Select Board / Town Counsel email;
- Clean Heat For Arlington group recommendations on this article. Documents supporting Article 5;
- Additional information Article 5 from Clean Heat For Arlington group Documents supporting Article 5;
- For discussion and approval Select Board Agenda 27-Jan-2020;
- Details of the town's information session on the article 27-February-2020 Public Information Session
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ARTICLE 6 - VOTE/ESTABLISHMENT OF POLICE CIVILIAN ADVISORY BOARD STUDY COMMITTEE
Select Board See Official Article Homepage -
To see if the Town will vote to form a committee of Town Meeting to study, craft and submit a Warrant Article to Town Meeting in 2021 for the creation of an Arlington police civilian advisory board comprised of seven (7) voting members and three (3) non-voting members, or take any action related thereto. The study committee would make decisions based on the vote of a simple majority of the committee’s voting members who shall be appointed to the committee by: the Envision Arlington Standing Committee (1); the Arlington Human Rights Commission (1); the LGBTQIA & Rainbow Commission (1); the Disability Commission (1); the Board of Youth Services (1); the Equal Opportunity Advisory Committee (1); and the Town Moderator (1). Non-voting members of the committee shall include one (1) representative from the Arlington Police Department, the Town’s Diversity, Equity and Inclusion Coordinator, and the Town Counsel. The membership of the study committee’s voting members will include at least one Town Meeting member and shall reflect racial/ethnic and other forms of diversity of Town residents. The study committee will complete its work and recommendations and shall report to the 2021 Annual town Meeting; or take any action related thereto.
Citizen petition led by: Jordan Weinstein
Supplemental documents:
- AMENDMENT proposal by E Dray 16-November changing specific roles of the group to reflect more diversity in town; VOTED: 18-Nov Pass (for: 148, against: 90, abstain: 4) TMM List Amendment;
- AMENDMENT proposal by C. Kelleher 9 November; changing number in group and who comprises it; VOTED: 18-Nov Pass (for: 162, against: 77, abstain: 2) TMM List Amendment;
- Finance Committee report on article. Finance Committee report;
- Select Board voted (5-0) to recommend this article. Select Board report to TMM;
- Select Board votes (5-0) to recommend. Select Board / Town Counsel email;
- EARLIER: Your Arlington summer news story covering Select Board comments and vote of no action for summer TMM. Your Arlington News Coverage
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ARTICLE 7 - VOTE/BYLAW AMENDMENT/ENVISION ARLINGTON UPDATED LANGUAGE
Select Board See Official Article Homepage -
To see if the Town will vote to amend Title I, Article 15 to change the name of “Vision 2020” to comport with its current name “Envision Arlington;” to revise the Bylaw’s articulation of “Goals” as a “Statement of Community Values” or similar term; and to modernize the “Goals” as set forth in the vote of the 1993 Town Meeting (Article 19) with more inclusive language; or take any action related thereto.
Inserted at the request of the Envision Arlington Standing Committee
Supplemental documents:
- Select Board voted (5-0) to recommend this article. Select Board report to TMM;
- Town Counsel email: Select Board (5-0) recommends this article including various updates to the group's charter. Select Board Draft_Final_Votes_and_Comments.pdf;
- Select Board Meeting Materials 24-February-2020 Memo_to_Select_Board_-_J._Brazile(1).docx
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ARTICLE 8 - ACCEPTANCE OF LEGISLATION/BYLAW AMENDMENT/ MUNICIPAL AFFORDABLE HOUSING TRUST FUND
Select Board Watch Video Presentation See Official Article Homepage -
To see if the Town will vote to accept Massachusetts General Laws c. 44 § 55C, to authorize the creation of a Municipal Affordable Housing Trust Fund to support the development of affordable housing in Arlington, establish a new bylaw for the administration of same; or take any action related thereto.
Proposer Comments: NOTE: HPIC and the Select Board have made updates since this article was originally proposed for the summer Town Meeting; see below. Earlier this summer the Housing Plan Implementation Committee (“HPIC”) proposed this article as a means to provide a new and invaluable tool to the Town’s goal of creating and supporting affordable housing in Arlington. An Affordable Housing Trust provides significant flexibility and additional resources over and above existing resources for affordable housing. HPIC continues to work on a proposed version of the bylaw itself, but the following provides an overview of the operation and scope of an Affordable Housing Trust bylaw in Arlington for the Board in its consideration of whether or not to support an article on the 2020 Warrant: (See town counsel memo for complete details.)
Town Counsel potential proposed articles
Supplemental documents:
- AMENDMENT - K. Kelleher - change definitions in article to match CPA definitions; VOTED 18-Nov Pass (for: 170, against: 53, abstain:11) Amendment 2 text;
- K. Kelleher explanatory memo explaining definitions used in Amendment 2 Amendment 2 explanatory memo;
- AMENDMENT - J. Gersh - multiple changes to the article; VOTED 18-Nov, on three votes, all Failed. Amendment 1 text;
- Housing Plan Implementation Committee letter to the editor on importance of Article 8. HPIC Comments;
- Select Board voted (5-0) to recommend this article. Select Board report to TMM;
- Frequently Asked Questions About Article 8 Important overview of this article;
- Video from town Director Jennifer Raitt on DPCD notes on this article Town Video comments;
- Video of informational session on Article 8 by the Town Important overview of this article;
- Massachusetts Housing Partnership's Guidebook on Trusts (overview of how they work). Housing trust guidebook;
- Equitable Arlington is an advocacy group supporting fair housing prices. Equitable Arlington Homepage;
- Arlington Residents for Responsible Development advocate for affordable housing. ARFFR affordability page;
- Data driven case for affordable housing advocacy information. Housing affordability overview;
- Finance Committee supports recommendation of Select Board to recommend. FinCom Report to TMM (updated);
- For discussion and approval Select Board Agenda 27-Jan-2020;
- Finance Committee supports the Select Board's Recommendation; The Finance Committee has reviewed Article 8 and made recommendations to tighten controls to protect the financial position of the Town which the Select Board has accepted. Official warrant article comments
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ARTICLE 9 - VOTE/ELECTION MODERNIZATION COMMITTEE
Select Board See Official Article Homepage -
To see if the Town will vote to extend the life of the Election Modernization Committee, change its structure, objectives, or membership; or take any action related thereto.
(Inserted by the Select Board and at the request of the Election Modernization Committee)
Supplemental documents:
- Select Board voted (5-0) to recommend this article. Select Board report to TMM;
- Election Modernization Committee recommends this article. Election Modernization Committee
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ARTICLE 10 - ACCEPTANCE OF LEGISLATION/GOLD STAR FAMILY TAX EXEMPTION
Select Board See Official Article Homepage -
To see if the Town will vote to accept Massachusetts General Law Chapter 59 sec. 5(22H) to provide a local to surviving parents or guardians of members of the United States armed services who died on active duty tax exemption; or take any action related thereto.
Inserted at the request of the Town Manager
Supplemental documents:
- Select Board voted (5-0) to recommend this article. Select Board report to TMM;
- . Select Board report to TMM;
- Select Board votes (5-0) to recommend previously. Select Board / Town Counsel email
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ARTICLE 11 - HOME RULE LEGISLATION/JUSTIN BROWN
Select Board See Official Article Homepage -
To see if the Town will vote to request and authorize the Select Board to file Home Rule Legislation so as to enable Justin Brown, a resident of the Town, to be eligible for appointment as firefighter in the Town of Arlington notwithstanding the fact that he has attained the age of 32, or take any action related there
Citizen petition led by: jb@usbrown.com
Supplemental documents:
- Select Board voted (5-0) to recommend this article. Select Board report to TMM;
- Town Counsel email: Select Board (5-0) recommends this article. Select Board Draft_Final_Votes_and_Comments.pdf;
- Select Board Meeting Materials 24-February-2020 Justin_Brown.pdf
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ARTICLE 12 - HOME RULE LEGISLATION/CONSOLIDATION OF TOWN MEETING MEMBER ELECTIONS
Select Board See Official Article Homepage -
To see if the Town will vote to authorize and request the Select Board to file Home Rule Legislation to reform the nomination and election process for Town Meeting seats to permit the consolidation of elections of Town Meeting Members when there are vacant seats into a single election per precinct, such that the highest vote-getters win the longest available terms, to promulgate regulations to effectuate the same; or take any action related thereto.
(Inserted by the Select Board and at the request of the Election Modernization Committee)
Supplemental documents:
- Select Board voted (5-0) to recommend this article. Select Board report to TMM;
- Election Modernization Committee recommends this article. Election Modernization Committee;
- Election Modernization Committee proposal of article Minutes 14-January-2020
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ARTICLE 13 - HOME RULE LEGISLATION/RANKED CHOICE VOTING
Select Board Watch Video Presentation See Official Article Homepage -
To see if the Town will vote to authorize and request the Select Board to file Home Rule Legislation to elect Town offices by Ranked Choice Voting; or take any action related thereto.
(Inserted by the Select Board and at the request of the Election Modernization Committee)
Supplemental documents:
- AMENDMENT 1 - P. Schlichtman - removing ranked choice from any multi-seat election Amendment 1 proposed;
- AMENDMENT 2 - P. Schlichtman - requiring a townwide ballot to enact this provision Amendment 2 proposed;
- AMENDMENT 3 - A. Auster - changing details of single-seat vs. multi-seat elections Amendment 3 proposed;
- Select Board voted (5-0) to recommend this article. Select Board report to TMM;
- Election Modernization Committee recommends this article. Election Modernization Committee;
- Election Modernization Committee proposal of article Minutes 14-January-2020
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ARTICLE 14 - HOME RULE/SENIOR WATER DISCOUNT
Select Board See Official Article Homepage -
To see if the Town will vote to authorize and request the Select Board to file Home Rule Legislation or other Special Legislation which would permit the Town to discount fees charged to qualifying, means-tested Arlington Seniors for water and sewer usage; or take any action related thereto.
Board or Committee Comments:
As the Board will recall from recent discussions, a number of municipalities have enacted water and sewer discount programs for local seniors. It remains the position of this Office that a straightforward form of such a discount programs may be offered by vote of the Select Board without Town Meeting action or Home Rule Petition. However, further research has revealed that Home Rule Legislation would be required if the Board were to contemplate a model of discount similar to the Board’s recent means-tested tax deferral and “work-off” programs or to certain specific subcategories of senior residents in Arlington, based upon the Department of Revenue’s interpretation of Brand v. Water Commissioners of Billerica, 242 Mass. 223 (1922). Accordingly, it may be in the Board’s interest to place an article on the warrant for further discussion.
Town Counsel potential proposed articles
Supplemental documents:
- Select Board voted (5-0) to recommend this article. Select Board report to TMM;
- For discussion and approval Select Board Agenda 27-Jan-2020
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ARTICLE 15 - HOME RULE LEGISLATION/RETIRED POLICE OFFICER DETAILS
Select Board See Official Article Homepage -
To see if the Town will vote to authorize and request the Select Board to file Home Rule Legislation, as set forth below, to allow retired police officers to work police details: or take any other action relative thereto. (Please see official warrant, p.8 for full rule proposal.)
Proposer Comments: The purpose of this article is to implement an agreement between the Town and its collectively bargain police unions to retain qualifying retired Arlington police officers to serve on police details as needed.
(Inserted by the Select Board)
Supplemental documents:
- Select Board voted (5-0) to recommend this article. Select Board report to TMM;
- For discussion and approval Select Board Agenda 27-Jan-2020;
- Town of Avon similar law Example law from the town of Avon which is similar (but not identical) to this proposed Arlington law; MGL ch. 63 Session Law from 2019.
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ARTICLE 16 - ZONING BYLAW AMENDMENT/DEFINITIONS RELATED TO OPEN SPACE
Redevelopment Board See Official Article Homepage -
To see if the Town will vote to amend the Zoning Bylaw of the Town of Arlington by renaming the terms ‘Open Space’, ‘Open Space, Usable’, and ‘Open Space, Landscaped’ in Section 2 - Definitions, or take any action related thereto.
Board or Committee Comments:
The petitioner proposed replacing the term ‘open space’ with ‘yard space.’ The petitioner also proposed referring to usable open space and landscaped open space as primary and secondary yard space, respectively. This differs from open space included in the Open Space District on the Zoning Map. Open Space in the Open Space District includes parcels under the jurisdiction of the Park and Recreation Commission, Conservation Commission, Arlington Redevelopment Board, Massachusetts Department of Conservation and Recreation, or Massachusetts Bay Transportation Authority (MBTA). This open space has a public benefit compared to private open space.
The ARB appreciates the intention of the petitioner to clarify who benefits from open space on private property (the landscaped open space and the useable open space), which is designed to benefit the owner and occupants of private property, compared to public open space. However, the ARB noted that ‘open space’ is a term of art that municipalities use in Zoning Bylaws and Ordinances throughout the Commonwealth. The ARB suggested that using ‘private open space’ would be a better option than ‘yard space’ to remain consistent with the term of art. The ARB is concerned that departing from the generally accepted term for describing private open space on a parcel would create confusion among users of Arlington’s Zoning Bylaw. As such, the ARB did not believe that the wording proposed is the solution to describe the differences between private open space and public open space.
Citizen petition led by: Stephen A. Revilak
Supplemental documents:
- Redevelopment Board voted (5-0) to recommend No Action on Article 16 for the Special TMM. Redevelopment Board report to TMM;
- Redevelopment Board voted (5-0) to recommend No Action on Article 16. No action recommendation;
- Related 2019 Town Meeting Article ZONING BYLAW AMENDMENT/OPEN SPACE REQUIREMENTS FOR MULTI-FAMILY USES AND MIXED-USE (Failed)
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ARTICLE 17 - ZONING BYLAW AMENDMENT/NOTICE OF DEMOLITION, OPEN FOUNDATION EXCAVATION, NEW CONSTRUCTION, OR LARGE ADDITIONS
Redevelopment Board See Official Article Homepage -
To see if the Town will vote to amend the Zoning Bylaw in Section 3.1.8 by appending to the end of this section the sentence: “No such permit shall be issued until the Building inspector finds that the applicant is in compliance with the applicable provisions of Title VI, Article 7 of the Town Bylaws.” or take any action related thereto.
Board or Committee Comments:
The petitioner indicated that the implementation of Title VI, Article 7 of the Town Bylaw, the Arlington Residential Construction Agreement, also known as the “Good Neighbor Agreement”, has been inconsistent. The Good Neighbor Agreement, adopted by Town Meeting in 2017 and amended in 2019, applies to residential construction, including demolitions, open foundation excavation, new construction, and large additions, and requires notification by the contractor or property owner to abutters within a set period of time prior to any activities that may trigger the bylaw, including tree removal. The Good Neighbor Agreement establishes certain construction standards that must be maintained throughout the construction period. The addition of a cross reference in the Zoning Bylaw would improve implementation of the Good Neighbor Agreement.
The ARB found this addition to the Zoning Bylaw was unnecessary (in part because Title VI, Article 7, already contains the requirement that a demolition permit or building permit not issue until the requirements of that article are met) and determined that the proposed language does not align with the Town Bylaw. The ARB is concerned that this language may result in the application of the Good Neighbor Agreement to more projects than what the Town Bylaw indicates is required to comply with the Good Neighbor Agreement. The ARB recommended revising the language of Title VI, Article 7, to improve the implementation of the Good Neighbor Agreement before considering revising the Zoning Bylaw.
Citizen petition led by: Michael Ruderman
Supplemental documents:
- Redevelopment Board voted (5-0) to recommend No Action on Article 17 for the Special TMM. Redevelopment Board report to TMM;
- Redevelopment Board previously voted (5-0) to recommend No Action on Article 17. No action recommendation;
- Substitute Motion - M. Ruderman - updated 4-November; VOTED: 2-Dec Pass (for: 151, against: 84, abstain: 8) Updated motion from article submitter
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ARTICLE 18 - ZONING BYLAW AMENDMENT/IMPROVING RESIDENTIAL INCLUSIVENESS, SUSTAINABILITY, AND AFFORDABILITY BY ENDING SINGLE FAMILY ZONING
Redevelopment Board See Official Article Homepage -
To see if the Town will vote to or take any action related thereto: to Amend the Zoning Bylaw for the Town of Arlington by expanding the set of allowed residential uses in the RO and R1 zoning districts with the goal of expanding and diversifying the housing stock by altering the district definitions for the RO and R1 zoning districts.
Board or Committee Comments:
The petitioner explained that this article, to allow the two-family and duplex use in the R0 and R1 districts, should be adopted for four key reasons: addressing the racist legacy of single-family zoning in Arlington; improving environmental sustainability; increasing housing choice; and allowing for more affordable homes. The petitioners pointed to a number of actions that allowed Arlington to develop into a community consisting of predominantly single-family homes occupied by white owners, and proposed this article as a way to reverse previous actions.
The ARB believes that this article can address the important issues that the petitioner refers to in the presentation. The ARB also believes that it is important for the Town of Arlington to consider the past actions of both the Town and private entities, reflect on those actions, and determine a way to mitigate and reverse those actions. The ARB understands that this article reflects a larger policy conversation that the town should have, and is interested in hearing from Town Meeting Members on this topic after hearing a wide variety of opinions during the course of public dialogues. However, in addition to other concerns about the proposal, the ARB recognizes that there is no clear understanding of the impact of similar rezonings due to the recent nature of similar zoning changes in other States and there was no public engagement regarding this article.
The ARB discussed changes to the proposed motion that would improve the article and potentially address topics heard during the public hearings. Those items include:
- Requiring that any two-family or duplex home that is built appears as a single-family home;
- Codifying certain design requirements to maintain the appearance of a single-family home as well as minimizing changes that may alter the streetscape view; and
- Capturing the value gained by building two homes versus one home by requiring a percentage payment to a municipal affordable housing trust fund based on the sales price or assessed value.
The ARB recognized that regulating appearance is a subjective proposition and the language of these three points would need further research and review that would be difficult to complete within the timeframe for Special Town Meeting. As such, the majority of the ARB recommended no action on this article and referred the topic to the Department of Planning and Community Development to identify an existing or new study committee for further study. The minority opinion believed that the right course of action would be to allow Town Meeting discussion on the article prior to referring the topic for further study.
Citizen petition led by: Benjamin Rudick
Supplemental documents:
- Redevelopment Board voted (4-1) to recommend No Action on Article 16 for the Special TMM, and refer to Department of Planning and Community Development for study. Redevelopment Board report to TMM;
- Redevelopment Board voted (4-1) to recommend No Action on Article 18 and refer to the topic to the Department of Planning and Community Development to identify an existing or new study committee for further study. No action recommendation
- Requiring that any two-family or duplex home that is built appears as a single-family home;
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ARTICLE 19 - ZONING BYLAW AMENDMENT/ACCESSORY DWELLING UNITS
Redevelopment Board See Official Article Homepage -
To see if the town will vote to allow Accessory Dwelling Units (ADUs) in single and two-family dwellings in residential districts, or take any action related thereto by amending the Zoning Bylaw as follows:
Section 1.2 Purposes to add “to encourage housing for persons at all income levels and stages of life”: and
Section 2 5 Definitions Associated with Dwelling: to add An ACCESSORY DWELLING UNIT, or ACCESSORY APARTMENT, “Accessory dwelling unit”, four or more rooms constituting a self-contained accessory housing unit, inclusive of sleeping, cooking and sanitary facilities on the same premises as the principal dwelling, subject to otherwise applicable dimensional and parking requirements, that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code and state fire safety code; (ii) is not larger in floor area than 1/2 the floor area of the principal dwelling., and
Section 3.3.3 Special Permits to add “in the case of requests for special permits for Accessory Dwelling Units, the use will add to the need for a range of affordable housing opportunities for the Town.” and
Section 5.2.3 Districts and Uses: to add ‘to allow for the creation of accessory dwelling units in all zoning districts which allow residential use. (include in Section 5.4 Residential Districts); or take any action related thereto.
Board or Committee Comments:
The petitioner indicated that the article is substantially different that the ARB’s 2019 warrant article, which was short nine votes and failed at Town Meeting. The petitioner noted that the primary difference between these articles is that this one allows accessory dwelling units (ADUs) by-right in any residential zoning district. The ARB’s article proposed ADUs by Special Permit in the R0 and R1 residential zoning districts. The petitioner indicated that allowing ADUs in the community would be beneficial in four main ways: providing flexibility for families, as needs change over time; increasing range of housing choices; providing a form of housing generally less costly and more affordable than similar units in multifamily buildings; and adding units to Arlington’s total housing stock with minimal effects on neighborhoods.
The ARB agrees that this article is substantially different from the 2019 article. However, the ARB does not believe that this article is the best vehicle to allowing ADUs in Arlington. The ARB believes that there is inconsistency and ambiguity in the proposed motion. Further, the petitioner wrote the article in such a way that makes it difficult to revise while staying within scope. The ARB strongly supports the as-right basis of this article. However, there are a number of items from the 2019 article that the ARB might want to see included in an ADU bylaw such as requiring that one of the units is owner-occupied, limiting the gross floor area of the ADU at a percentage lower than 50%, and prohibiting short-term rentals.
The ARB also discussed a proposal presented by the public during the hearing, required that the rent charged for the non-owner-occupied unit not exceed an affordable rent as defined the Zoning Bylaw. The ARB disagrees with this approach to creating ADUs. The ARB discussed a similar proposal in 2019 and maintains that this requirement would have unintended consequences including being burdensome to the owner and resulting in few if any ADUs constructed as a result. A majority of the ARB members voted no action on this article and discussed submitting an article at a future Town Meeting following public review that will incorporate many of the best elements of this article and the 2019 article. The minority opinion believed that no action continues to delay meaningful progress in the town increasing a range of housing choices.
Citizen petition led by: Barbara Thornton
Supplemental documents:
- Redevelopment Board voted (3-2) to recommend No Action on Article 19 for Special TMM. Redevelopment Board report to TMM;
- Redevelopment Board voted (3-2) to recommend No Action on Article 19. No action recommendation
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ARTICLE 20 - ZONING BYLAW AMENDMENT/PARKING REDUCTIONS IN THE B3 AND B5 DISTRICTS
Redevelopment Board Watch Video Presentation See Official Article Homepage -
To see if the Town will vote to amend the Zoning Bylaw to allow the Board of Appeals or Arlington Redevelopment Board, as applicable, to reduce the parking requirement to zero in the B3 and B5 Districts through Special Permit where businesses have no ability to create new parking by amending SECTION 6.1.5. PARKING REDUCTION IN BUSINESS, INDUSTRIAL, AND MULTI-FAMILY RESIDENTIAL ZONES; or take any action related thereto.
Proposer Comments: Amend Section 6.1.5. as follows: (by adding section D, see reference for details) **D.** B3 and B5 Districts: In special circumstances where a business in the B3 or B5 District has no ability to create new parking and there is the ability for customers to utilize street parking and/or municipal parking, applicants may propose a reduction lower than 25 percent of that required in the Table of Off-Street Parking Regulations to zero. For these cases, applicants may incorporate methods outlined in subparagraphs A., B., and C.
(Inserted at the request of the Redevelopment Board)
Supplemental documents:
- Redevelopment Board voted (5-0) to recommend Action on this article as amended. Redevelopment Board report to TMM;
- See Full text of proposed changes and detailed commentary from the redevelopment board on this article 20. Redevelopment Board detailed commentary;
- Video from town Director Jennifer Raitt on DPCD notes on this article Town Video comments;
- Supporting documentation for Article 20 Redevelopment Board additional data;
- For discussion and approval Redevelopment Board Agenda 27-Jan-2020;
- Town Planning Director comments with a positive view to this article. Memo_to_ARB_regarding_Warrant_Articles_34__28__43__35__36_.pdf
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ARTICLE 21 - ZONING MAP AMENDMENT/REZONE TOWN PROPERTY
Redevelopment Board Watch Video Presentation See Official Article Homepage -
To see if the Town will vote to rezone a parcel of land belonging to the Town of Arlington with access from Grove Street and being identified by Map 54, Block 3, Lot 2.B from R1 to I, or take any other action related thereto.
Board or Committee Comments:
The majority of the planned Department of Public Works (DPW) Yard Renovation will take place on the parcels, shown below and zoned as Industrial at 49 and 51 Grove Street. However, the proposed new salt shed will straddle the lot line to the south and be located partially in the R1 Zoning District (noted with a star in the image of the Arlington Zoning Map). A fuel island will also be located on the R1 parcel. Neither the salt shed nor the fuel island are allowed to be located in the R1 zoning district. The ARB supports the rezoning of this Town-owned parcel from R1 to Industrial in order to create a consistent campus supporting DPW.
Inserted at the request of the Town Manager
Supplemental documents:
- Redevelopment Board voted (5-0) to recommend Action on Article 21. Redevelopment Board report to TMM;
- Video from town Director Jennifer Raitt on DPCD notes on this article Town Video comments;
- The Redevelopment Board voted (5-0) to Recommend Action on Article 21 to amend the Arlington Zoning Map, to rezone a parcel of land belonging to the Town of Arlington with access to Grove Street at Map 54, Block 3, Lot 2.B from Residential District 1 to Industrial. Redevelopment Board recommends action;
- Supporting documentation for Article 21 Redevelopment Board additional data
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ARTICLE 22 - COLLECTIVE BARGAINING
See Official Article Homepage -
To see if the Town will vote to fund any fiscal items in the event that any are contained in collective bargaining agreements between the Town and the following named collective bargaining unit’s salaries or fringe benefits, determine how the money shall be raised and expended; or take any action related thereto:
- A. Arlington Police Patrol Officers’ Association (formerly Arlington Patrolmen’s Association);
Board or Committee Comments:
At the time of this report, the collective bargaining agreement was still being negotiated. It is likely that an agreement will not be reached by the time of the Special Town Meeting, in which case the Finance Committee will recommend No Action.
Inserted at the request of the Town Manager
Supplemental documents:
- Finance Committee does not make a report at this time, due to underlying agreement being incomplete. FinCom Report to TMM (updated)
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ARTICLE 23 - CAPITAL BUDGET/DPW YARD
Finance Committee Watch Video Presentation See Official Article Homepage -
To see if the Town will vote to appropriate a sum of money for remodeling, reconstructing, or making extraordinary repairs to the DPW Yard and associated buildings, including original equipment and landscaping, paving and other site improvements incidental or directly related to such remodeling, reconstruction or repair, and determine whether such appropriations shall be raised by taxation, transferred from available funds, borrowed or provided by any combination of the foregoing; or take any action related thereto.
Board or Committee Comments:
The Town is requesting an appropriation of $8.9 million for the DPW Yard Project. If approved, the total project cost will increase to $38,930,000. At our Committee hearing, the Capital Planning Committee indicated that there are three primary drivers of the cost increase: $4.7 million is caused by construction industry cost inflation; $2.7 million is caused by a change in contracting method (Construction Manager at Risk and an increase in contingencies) which will work to contain future cost increases; and $1.5 million is caused by an increase in project scope, specifically moving the IT and Facilities Departments to the location, and the addition of concrete walls for the salt shed. The IT and Facilities scope change represents a transfer of cost from the voter-approved exempt Arlington High School Project Budget to the non-exempt Capital Budget.
At our hearing, Finance Committee members expressed concern about the increase in project cost and the $400,000 in annual cuts that will happen in the Capital Budget to keep it in balance. Given these concerns, a future request for more funding could be met by opposition from the Finance Committee
Vote Language:
That the Town appropriates eight million, nine hundred thousand dollars ($8,900,000) to pay costs of remodeling, reconstructing, or making extraordinary repairs to the DPW Yard and associated buildings, including original equipment and landscaping, paving and other site improvements incidental or directly related to such remodeling, reconstruction or repair, and that to meet this appropriation, the Treasurer, with the approval of the Select Board, is authorized to borrow said amount under and pursuant to G.L. c. 44, §7(1) or any other enabling authority, and to issue bonds or notes of the Town therefor. Any premium received upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with M.G.L. c. 44, §20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount
Inserted at the request of the Town Manager
Supplemental documents:
- Finance Committee voted (15-3) to recommend $8.9M for this article (with commentary). FinCom Report to TMM (updated);
- Capital Planning Committee recommends $8.9M for this article (with commentary). Capital Planning Report to TMM;
- Supporting documentation for Article 23 supporting doc
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ARTICLE 24 - APPROPRIATION/COMMUNITY PRESERVATION FUND
Community Preservation Act Committee See Official Article Homepage -
To see if the Town will vote to make appropriations from the Community Preservation Fund for eligible community preservation projects; for community preservation reserve accounts for historic preservation, open space and recreation, and affordable housing; for Community Preservation Act Committee administrative expenses or other eligible expenses; or take any action related thereto.
Board or Committee Comments:
These projects total $175,200. The CPA appropriations and budget reserves at Annual Town Meeting on June 15th left a projected unrestricted fund balance of $242,297 for FY21 based on anticipated CPA revenues. These revenue projections have been realized to date and will likely be exceeded due to a larger than expected state match this year. If Town Meeting funds the three projects above, the unrestricted CPA fund balance heading into the new FY22 budget cycle will be at least $67,097.
Vote Language:
VOTED (8-0):
That the Town take the following actions to appropriate funds for FY2021 CPA projects, with each project considered a separate appropriation:
(a) Appropriate the sum of $80,000 for the Minuteman Bikeway Planning project from FY2021 Community Preservation Fund revenues for the rehabilitation of recreational land, said funds to be expended under the direction of the Department of Planning and Community Development and the Community Preservation Act Committee;
(b) Appropriate the sum of $60,000 for the Communitywide Archaeological Reconnaissance Survey project from FY2021 Community Preservation Fund revenues for the preservation of historic resources, said funds to be expended under the direction of the Department of Planning and Community Development and the Community Preservation Act Committee;
(c) Appropriate the sum of $35,200 for the Documentation of Historic Municipal Resources project from FY2021 Community Preservation Fund revenues for the preservation of historic resources, said funds to be expended under the direction of the Department of Planning and Community Development and the Community Preservation Act Committee.
(Inserted at the request of the Community Preservation Act Committee)
Supplemental documents:
- Community Preservation Act Committee voted (8-0) to recommend this article. CPAC report to TMM;
- Finance Committee supports recommendation for of the Community Preservation Act Committee FinCom addendum
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ARTICLE 25 - RESOLUTION/BLACK LIVES MATTER BANNER AT TOWN HALL
Select Board Watch Video Presentation See Official Article Homepage -
To see if the Town will vote to or take any action related thereto: Be it hereby resolved, that it is the will of Town Meeting that the Town of Arlington continue to display a Black Lives Matter banner on Town Hall until such time as Town Meeting recommends its removal, or takes any action related thereto.
Inserted at the request of Katell Gullec and 100 registered voters
Supplemental documents:
- Substitute Motion J. Brown; VOTED 2-Dec (for: 170, against: 40, abstain: 30). Substitute Motion #1;
- Select Board voted (4-1) to advance this article for TMM's consideration, without recommendation. Select Board report to TMM, p32..36