Article 53 Cullinane Substitute Motion

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Arlington Town Meeting — Substitute Motion

ARTICLE NO. 53 Dated: April 28, 2026

We, Joanne Cullinane and Larry Slotnick, do hereby submit the following Substitute Motion

under Article 53:

Voted: To add the following sentence to the very end of “Section 5.8.4.E.(1)” of the Zoning

Bylaw to clarify the conditions under which a developer might qualify to receive a bonus for

providing a significant contribution to the Town in exchange for permission to add 1-2 extra

stories (above 4 stories As of Right) and a Zero Setback in eligible locations in the MBTA Act

overlay on Broadway and Mass Ave:

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

two-dimensional area of the surface that the structure occupies, measured from the outside of

exterior walls and exterior columns and firewalls, projected onto the ground plane, including

cantilevered portions of the structure but excluding the edge of roofs that overhang exterior walls

and excluding open decks as well as balconies that overhang an exterior wall.

Comment: This motion clarifies the definition of the words, “where the ground floor at street

level will be at least 60% occupied by eating and drinking establishments, businesses services,

childcare, or retail uses,” so as to re-affirm the agreed-upon proportion of the ground floor that

must be occupied by specified commercial uses for a development to qualify for the commercial

bonus provision in either of the Mass Ave / Broadway overlay districts, and how that proportion

is to be calculated.

Developer bonuses do not affect the Town’s MBTA Act compliance. The bonuses were optional

and added to the bylaw as potential incentives to get things that residents stated they’d like to see

more of. In August of 2024, Arlington’s Economic Development coordinator stated that

commercial spaces over 3000 ft continued to be in especially short supply and high demand.

The standard that was proposed to and adopted by the Redevelopment Board in 2023 was 60% of

the structure’s Footprint. This motion seeks to clarify that commercial bonuses are to be awarded

only if a developer includes commercial space that comprises 60% of the Footprint at street level

in exchange for the large zoning concessions this bonus offers in return (i.e. building 5 stories

high for 65 feet on Broadway, or six stories high for 72 feet on Mass Ave + a zero setback). It

upholds the letter and intent of our Bylaw.

https://youtube.com/clip/Ugkx8LWikYKyEBlVF-KUJmtAhtrUj6P4hu_3?si=akIsX5oR-1Rnacjy

Respectfully submitted,

Date Voted:

/s/ Joanne Cullinane

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Precinct 21

Action Taken:

/s/ Larry Slotnick

Precinct 7