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2026 Annual Town Meeting, Town of Arlington, MA
Article: 39
Warrant Article Title:
ZONING BYLAW AMENDMENT/ ADMINISTRATIVE
CLARIFICATION TO ACCESSORY DWELLING UNITS
Warrant Article Text:
To see if the Town will vote to amend Section 5.9.2.B.(1)(e)(iii),
Accessory Dwelling Units, Requirements, of the Zoning Bylaw, to
revise a requirement for permitting certain Accessory Dwelling
Units as-of-right so that a finding, not a special permit, is required
in the circumstance; or take any action related thereto.
Requested By:
the Redevelopment Board
Report Excerpt:
The Board recommends Favorable Action (5-0).
The purpose of Article 39 is to bring Zoning Bylaw Section 5.9.2,
Accessory Dwelling Units, 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 (EOHLC), 760 CMR71.00,
“Protected Use Accessory Dwelling Units.” Last year, the Attorney
General’s Municipal Law Unit informed Arlington that Accessory
Dwelling Units (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 a pre-existing, non-conforming garage
being converted into an ADU. The Municipal Law Unit
recommended changing the Special Permit condition to a finding,
which is what Article 39 proposes.
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The Board concluded that this minor revision is necessary to
maintain compliance with State law and regulations by removing
the Special Permit requirement for ADUs proposed within rear
and side setbacks, such as those proposed over existing garages.
This amendment was also discussed with the Chair of the Zoning
Board of Appeals who concurred with the proposed change.
Vote Language:
That the Zoning Bylaw be and hereby is amended as follows:
Amend SECTION 5.9.2.B.(1)(e)(iii), Accessory Dwelling Units,
Requirements, as follows:
5.9.2. Accessory Dwelling Units
…
B. Requirements
(1) An accessory dwelling unit is permitted as an accessory
use to a principal dwelling in any Residential District,
and an accessory dwelling unit is permitted as an
accessory use to a principal dwelling for a single-family
dwelling, two-family dwelling, and duplex dwelling in any
Business district, if the following conditions are met:
…
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
