Article 39 ARB Presentation¶
ARTICLE 39
Administrative Clarification to Accessory
Dwelling Units
Annual Town Meeting || April 27, 2026
Kin Lau, Chair
Arlington Redevelopment Board
Administrative Clarification to Accessory
Dwelling Units
BACKGROUND – ARTICLE 39
Ø Article 39 would bring Zoning Bylaw
Section 5.9.2, Accessory Dwelling
Units (ADUs), further into compliance
with Massachusetts General Law
(M.G.L.) Chapter 40A, § 3 and the
implementing regulations
promulgated by the Executive Office
of Housing and Livable Communities.
Ø According to state law, ADUs must be
allowed by right and cannot require a
Special Permit. As written, Arlington’s
Zoning Bylaw requires a Special
Permit when a proposed ADU is
within rear and side setbacks (such
as the conversion of a pre-existing,
non-conforming garage).
Ø The Attorney General’s Municipal Law
Unit recommends changing the
Special Permit condition to a finding,
which Article 39 would do.
3
AMENDMENT TEXT
Article 39
5.9.2 Accessory Dwelling Units
A. Requirements
(1) …
e) An accessory dwelling unit may be located in (i) the same building as the principal dwelling
unit or as an expansion to such building; (ii) a building that is attached to the principal
dwelling unit; or (iii) an accessory building that conforms to the setback requirements of
this Bylaw for accessory structures in the district in which it is located. An accessory
building shall not constitute a principal or main building by the incorporation of the
accessory dwelling unit. If an accessory building is located within the setback, then such
accessory dwelling unit shall be allowed only if the applicable Special Permit Granting
Authority acting pursuant to Section 3.3, grants a Special Permit upon its finding finds that
the location of such accessory dwelling unit is not substantially more detrimental to the
neighborhood or town than the use of such accessory building as a private garage or
other allowed use.
AMENDMENT TEXT
Amend Section 5.9.2.B.(1)(e)(iii), as follows:
ZONING AMENDMENT – ARTICLE 39
