Article 53 Benson Amendment

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Arlington Town Meeting — Motion to Amend

ARTICLE NO. 53 Dated: May 11, 2026

I, Eugene B. Benson, do hereby submit the following Motion to Amend the Macaluso Substitute

Motion for Article 53:

To amend the Macaluso substitute motion by deleting the words “building area of the proposed

building” and replacing them with “total area covered by a structure’s perimeter projected onto

the ground plane, including cantilevered portions, excluding roof edges and balconies that

overhang an exterior wall.”

Comment:

The effect of this amendment is that the following sentence is added to the end of Section

5.8.4.E(1) of the Zoning Bylaw of the Town of Arlington to read as follows (deletions are in

strikeout and additions underlined):

For purposes of this subsection 5.8.4.E.(1), “ground floor at street level” refers to the

gross floor area of the ground floor but shall in no case be less than 50% of the Building

Area of the proposed building. total area covered by a structure’s perimeter projected

onto the ground plane, including cantilevered portions, excluding roof edges and

balconies that overhang an exterior wall.

The reason for this change is that the Macaluso substitute motion uses the term, Building Area,

and the word, building, in specifying the 50% requirement (“Building Area of the proposed

building”). In pertinent part, Building is defined by the Zoning Bylaw as being enclosed by walls

and thus a Building Area is an area enclosed by walls. Also, in pertinent part, gross floor area is

defined by the Zoning Bylaw as an area enclosed by walls. Thus, the Macaluso substitute

motion, without this amendment, would require 60% of the area enclosed by walls to have

certain types of commercial uses, and 50% of the area enclosed by walls to have the same certain

types of commercial uses. That is an internal contradiction in the Zoning Bylaw that will lead to

confusion and uncertainty in application. This amendment clears up that confusion by making it

clear that the 50% area would include areas not enclosed by walls but within the footprint of the

structure.

Respectfully submitted,

Date Voted: _____________ /s/ Eugene B. Benson

Action Taken:___________ Precinct 10