We took up Article 10 at 21:06.
Mr. Jamieson was in favor of the BoS vote and against Ms. Worden’s amendment and asked how flow rates are calculated. Mr. Bean (the new DPW Director) said the calculation is a standard methodology, using National Weather Service standard algorithms. He added that rate, not volume is what’s important. Mr. Jamieson asked if the building code required any mitigation (such as drywells). Mr. Byrne (the building inspector) said it did not. Mr. Jamieson asked if the Conservation Commission had an opinion. A ConComm member said ConComm thought it was a good idea.
Mr. Burke said he was in favor of Ms. Worden’s amendment and made his own amendment to reduce the new development exemption to 500 square feet.
Mr. Loreti pointed out this was a change to the by-laws, not the zoning by-laws and was in favor of reducing the exemption amount.
Mr. Auster asked why there were any exemptions. Mr. O’Brien replied it was a matter of generational equity — that they didn’t want to impose new burdens on “ordinary houses” like those that have long been in Arlington. He also said that if the town engineer couldn’t figure out how to mitigate, that would be a chance for relief and that an applicate could appeal any denial de novo to the ZBA. Mr. Bean said it would take more than just financial hardship — there would need to be no available technology with a cost reasonable compared to the overall project cost.
We took the mid-session break from 21:34 to 21:47.
Mr. McCabe asked who paid for the required drainage plan and was told the applicant did. He asked how the ZBA can be the appellate board when this is not zoning. Mr. Maher said appeals had to go somewhere and no law prevents the ZBA from being used for things other than zoning.
Mr. Holman made an amendment to eliminate the new development exemption.
Mr. DeCoursey asked what happens if the work isn’t done as promised and why there were no deadlines for ZBA and DPW Director action. The Acting Moderator said a certificate of occupancy would not be issued. Mr. O’Brien said deadlines were a good idea and began working on an amendment.
We recessed into the Special Town Meeting from 22:05 to 22:42.
The DeCoursey amendment would give the DPW Director 14 days to act and would give the ZBA 21 days to hold a hearing and 14 days to make a decision after that. Another amendment would impose a $200/day fine for attempting to occupy if the work wasn’t done right (turned out that a occupancy certificate would be issued, hence the need for a fine).
Mr. Rehrig said the change was needed, that there wasn’t an undue burden, that Mr. DeCoursey’s amendments were important, and supported the reduction to 500 square feet. He said zero would cause problems like having to submit a plan for a doghouse.
Mr. Schlichtman moved the previous question, which carried.
Both DeCoursey amendments were approved. The Holman amendment failed. The Burke amendment was approved, mooting the Worden amendment. The motion as amended then passed on a voice vote.
We finished Article 10 at 22:57. We spent 61 minutes on it tonight, which added to the 27 minutes spent at the last session totals 88 minutes.
No notices of reconsideration on anything were given and we adjourned.