kardon before after1

Citizen article targets teardowns, an issue distinct from Hutchinson Road

March 14, 2018

Views of the same Arlington teardown location.

The Town Meeting article seemed simple: Resident Len Kardon wanted to know whether teardowns are a problem in town, and if they are, what should be done.

Board of Selectmen logo, Jan. 23, 2013

As the March 5 selectmen’s meeting unfolded, speakers from Hutchinson Road thought they had found a champion for their issue: A century-old home has been torn down, along with five once-stately trees, to make way for two 4,000-square-foot projects.

Wasn’t this an example of the issues Kardon raised? Not exactly, as Town Counsel Doug Heim explained later in the meeting. But hold that thought. Consider first Kardon’s request.

The School Committee member who spoke as a Precinct 20 Town Meeting member has proposed, as a citizen article, a bylaw amendment regarding the demolition of historic structures.

The amendment targets teardowns — when smaller homes are demolished to make way for larger ones, sometimes out of scale with the neighborhood. The number has ramped up since 2013, with 20 to 25 over the period, Kardon said. The town master plan, adopted three years ago, notes the trend.

Demo-delay bylaw uses listing

Current town protection, a demotion-delay bylaw, covers a list of about 1,200 properties determined to be historically significant or in historic districts. Plans are to add 100 or so to the list. Under the bylaw, a hearing before the historical commission can lead to a year’s delay — or not, depending on the finding.

To see what other municipalities have done about this, Kardon found cities and towns that protect using the age of house rather than a list. They include Newton and Cambridge (50 or more years old); Woburn (75 or more); and Wellesley (built before Dec. 31, 1949).

As to the latter town, a headline in The Swellesley Report said in December “teardowns still going strong.” 

Kardon’s homework about this issue included his estimate about tax impact of the amended bylaw: The town would face from $36,000 to $60,000 in foregone revenue, because of teardown restrictions.

Selectmen’s reactions

Selectman Clarissa Rowe, long a preservationist, applauded the proposal. Colleague Diane Mahon wanted to vote no action while collecting information to forestall intended consequences.

Member Kevin Greeley liked the idea and asked whether the measure could be prepared for the May 2 Special Town Meeting.

Town Manager Adam Chapdelaine noted that the Residential Study Group has been working on this issue, as has the historical commission. He was unsure an article could be done in a week.

Selectman Dan Dunn said he is not as convinced the issue is as big a problem as it is for Rowe. He said 90 or so houses affected in the last five years on 60 streets is “not that many.” He called some teardowns “fine, some not fine.”

Heim’s comments

Town Counsel Doug Heim offered some nuance. Demolition has two implications — taking down completely a structure and, as defined under current bylaw, referring to construction delays when work involves more than 25 percent of the exterior. He suggested taking the current bylaw and performing relatively minor surgery.

kardon before after2Another teardown location in town that Kardon provided as part of his proposal.

“I will be supporting,” Selectmen Chairman Joseph Curro said, while remaining concerned with unintended consequences, including increased fees.

The article’s wording was left to Heim, who expected to meet the March 14 deadline. Because of snow, the day to receive Special Town Meeting articles was changed one day, from March 13.

Hutchinson Road speakers

Following that came a parade of eight speakers who addressed teardowns indirectly. Most were responding to a project on Hutchinson Road.

Brian Coughlin, in town just six months at 22 Hutchinson, across from the 1906, 2,400-square-foot home that he said would be demolished to make way for structures double the size. He decried the lack of safeguards.

James Kelly, a Hutchinson Road neighbor who says he operates a $15 million tree-contracting service, complained about what he sees as lenient town fines, and he called the town tree warden a nice guy, but, based on current town bylaws, “I believe he can’t stop a project.”

Patrice Ambrosia, of Hutchinson Road, and Loring Cook, of Winchester Road, spoke in support of Kardon’s proposed bylaw.

Bruce Wheltle, who lives near Robbins Farm Park, said he thought the home in question on Hutchinson was one that the late preservationist Patricia Fitzmaurice helped defend in 1968. Rowe said it was a different home.

Susan Stamps, a member of the town tree committee, assured all that her group has worked for two years to save trees.

Also speaking were Steven Revilak, Sunnyside Avenue; and Jane Blagden, Hutchinson Road.

Distinctions among issues

Heim explained that the issues at Hutchinson have more to do with minimum lot size than a demo-delay bylaw or historic structures. “That is a zoning problem,” he said.

He provided some history: Arlington had no tree-protection bylaw until about 18 months ago. He said the town has no $500 fine, but it has a $500 mitigation fee that goes to tree-protection fund.

He defended the current bylaw, noting it punishes those who take remove trees they are supposed to leave up. An amended bylaw would set a per-inch fee of a tree’s diameter.

The board voted, 5-0, to have the manager and counsel devise wording for the measure, and that was underway by March 14.

Curro added, looking grim: “We’re sorry we’re too late on the trees.” He was referring to those taken down on Hutchinson.


This news summary was published Wednesday, March 14, 2018.

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