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2026 Annual Town Meeting, Town of Arlington, MA
Article: 40
Warrant Article Title:
ZONING BYLAW AMENDMENT / ZONING MAP CHANGE
REQUIREMENTS
Warrant Article Text:
To see if the Town will vote to amend Section 1.5, Amendment, of
the Zoning Bylaw, to revise the requirement in the second
sentence of the section so that copies of the petition must be sent
by first class mail, postage prepaid, rather than by registered or
certified mail, for zoning map changes; or take any action related
thereto.
Requested By:
the Redevelopment Board
Report Excerpt:
The Board recommends Favorable Action (5-0).
The purpose of Article 40 is to eliminate a potential barrier or
undue financial burden to citizen petitioners filing a warrant article
to propose a zoning map amendment. Zoning Bylaw Section 1.5,
Amendment of the Zoning Bylaw, states that a petition for a
change to the zoning map must include proof that notification has
been sent to all owners and immediate abutters of the subject
properties via registered or certified mail. This notification
requirement is unique to the Town of Arlington; Massachusetts
General Law does not require any sort of notification at the time of
filing a warrant article, only notification of warrant article public
hearings.
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Research conducted by staff indicates that Registered and
Certified Mail are significantly more expensive than traditional
first-class mail, which is the standard notification method for
public hearings. Registered Mail is typically used for sending
valuables and starts at about $15 per piece of mail, while Certified
Mail costs approximately $5.30 per piece of mail, in addition to
postage and other fees, while first-class mail costs $0.78 for a
traditional letter. In addition to being more costly, the delivery time
can be much slower due to the extra processing time required.
A proposed zoning map change applying to a large number of
properties can be both cost- and time-prohibitive for citizen
petitioners without necessarily resulting in a more accurate
notification process to abutters. Article 40 proposes to maintain
the notification requirement to owners and immediate abutters,
but to amend the language to only require the use of first-class
mail, significantly reducing the cost and time burden on a citizen
petitioner.
Members of the Board discussed the importance of this change to
ensure citizen petitioners are not deterred from submitting zoning
map amendments because of the cost of notification. Another
Board member explained there have been past
amendments/proposals to change the use tables in the Zoning
Bylaw that might have been more appropriate as map changes, if
that were a financially feasible option. Notification via mail will still
be required at the time a warrant article to amend the zoning map
is filed, but the cost burden will be reduced.
Vote Language:
That the Zoning Bylaw be and hereby is amended as follows:
Amend SECTION 1.5, Amendment of the Zoning Bylaw, as
follows:
1.5 AMENDMENT
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This Bylaw may from time to time be changed by amendment,
addition, or repeal by the Town Meeting in the manner provided
for in M.G.L. c. 40A, § 5. When a petition for a change in the
zoning map is filed, such petition shall show that copies of the
petition have been sent by registered or certified mail first-class
mail, postage prepaid, to all owners and immediate abutters of the
land referred to in the petition. The Department of Planning and
Community Development shall provide advance notice of the
Redevelopment Board public hearing on the petition by first class
mail, postage prepaid, to the petitioner, the owners of the land,
abutters of the land, owners of land directly opposite on any
public or private street or way, and abutters to the abutters within
three hundred feet of the property line of the owners as they
appear on the most recent applicable tax list.
Redevelopment Board Report