The presentation, dated March 11, 2019, includes slides used to present the information necessary to understand the rationale for zoning changes, the location of the zoning areas under consideration and the charts, tables and maps that help describe the situation. The proposed zoning changes, especially articles 6, 7, 8, 11 and 16, only cover changes affecting about 7% of the Town, those parts of the Town that are currently zoned R4-R7 and the B zoning districts.
Related articles
(This post was originally an email message, discussion open space changes proposed by an Affordable Housing article during the Arlington, MA’s 2019 town meeting. It’s also a decent description of our town’s open space laws.)
Sorry this turned out to be a long post. Our open space laws are kind of complicated.
Arlington regulates open space as a percentage of gross floor area, rather than as a percentage of lot area. Let me give a concrete example: say we have a-one story structure with no basement. It covers a certain percentage of the lot area, and has an open space requirement based on the gross floor area (i.e., the interior square footage of the building).
Now, suppose we want to turn this into a two- or three-story structure. The building footprint does not change, and it covers exactly the same percentage of the lot area. However, the open space requirements double (if you’re doing a two-story building), or triple (if you’re doing a three story building). If that quantity of open space isn’t on the lot, then you can’t add the stories.
For this reason, I’d argue that our open space regulations are primarily oriented to limiting the size of buildings. You really can’t allow more density (or taller buildings) without reducing the open space requirements. Alternatively, if the requirements were based on a percentage of lot area, we probably wouldn’t need a reduction. (Cambridge’s equivalent is “Private Open Space”, and they regulate it as a percentage of lot area.)
The other weird thing about our open space laws is that we define “usable open space” in such a way that it’s possible to have none. (Usable open space must have a minimum horizontal dimension of 25′, a grade of 8% or less, and be free of parking and vehicular traffic). I live on a nonconforming lot that does not meet these requirements, as do the majority of homes in my neighborhood.
Suppose I wanted to build an addition, which would increase the gross floor area. With the non-conformity, I’d have to go in front of the ZBA and show that the current lot has 0% usable open space, and that the house + addition produces a lot with 0% usable open space. Because 0% = 0%, I have not increased the nonconformity, and would be able to build the addition, provided that all of the other dimensional constraints of the bylaw are satisified. Although this isn’t directly related to Article 16, it’s an amusing side effect of how the bylaw is written.
Finally, roofs and balconies. Section 5.3.19 of our current ZBL allows usable open space on balconies at least six feet wide, and on roofs that are no more than 10′ above the lowest occupied floor. We allow 50% of usable open space requirements to be satisfied in this manner.
The relevant section of Article 16 would create a 8.2.4(C)(1) which includes the language
Up to 25% of the landscaped open space may include balconies at least 5 feet by 8 feet in size only accessible through a dwelling unit and developed for the use of the occupant of such dwelling unit.
Article 16’s incentive bonuses strike the usable open space requirement, and double the landscaped open space requirement. With only landscaped open space, 5.3.19 doesn’t apply (it only pertains to usable open space). The language I’ve quoted adds something 5.3.19-like, but for landscaped open space. I say 5.3.19-like because it has a 25% cap rather than a 50% cap, and requires eligible balconies to be at least 5’x8′, rather than 6′ wide.
Here are a few pieces of supporting documentation:
- definitions of landscaped and usable open space from our ZBL
- a diagram to illustrate the difference between landscaped and usable open space.
- The text of section 5.3.19 (which is referenced by the diagram)
- the main motion for Article 16
(By Vince Baudoin and James Fleming)
Could Arlington be better using its curb space? Here are some ways the curb can be used to create green infrastructure, promote public safety and accessibility, support sustainable transportation, strengthen business districts, and enable new ‘car-light’ development.
Roughly six inches high and made of concrete or granite, the curb marks the edge of the roadway, channels runoff, protects the sidewalk, and gathers stray leaves. When not assigned any other use, the space in front of the curb it usually serves as free storage for personal automobiles.
Yet the humble curb is a limited resource that can serve the community in many more ways. Have you thought about how your town budgets its curb space? For that matter, has your town thought about how it budgets its curb space?
While Arlington mostly uses its curb space for parking, some areas have other curb uses designed to achieve a specific goal. Consider the streets you use often. Have you seen an unsolved problem, or a missed opportunity, that a different use of the curb could help solve?
Create green infrastructure
The Town has miles of paved roadway. When it rains or snows, water runs into storm drains, carrying salt, oil, and other pollutants with it. The storm drains dump these pollutants directly into long-degraded waterways such as the Mill Brook, Alewife Brook, and the Mystic River. The Public Works department struggles to keep grates clear and drains from overflowing.
One solution: Use the curb for more greenery! The curb can be extended to create a rain garden or tree planting strip. The rain garden helps slow runoff and filter the water before it enters the drain, while trees benefit from additional room for the roots to grow without damaging the sidewalk. A side benefit: narrowing the street encourages drivers to slow down, making neighborhoods safer.
Promote public safety and accessibility
Often, portions of the curb are set aside for public safety purposes. For example, a fire lane provides fire department access to key buildings, such as the high school, shown below. Fire hydrants also enjoy special curb status.
Other times, no-parking zones are established to enhance the free flow of traffic, such as here at Broadway Plaza:
Where pedestrian crosswalks are present, a curb extension is a key safety enhancement. By narrowing the roadway, the curb extension encourages drivers to slow down and look for pedestrians. For pedestrians, it reduces the distance they must cross and prevents cars from parking directly next to the crosswalk and blocking visibility.
Finally, accessible parking spaces can be created along the curb. Arlington has at least 50 designated permit-only on-street parking spaces that provide convenient parking for residents with mobility issues or other disabilities.
Support sustainable transportation
When the curb is mostly used for cars, it is easy to overlook how curbside facilities can enhance other forms of transportation.
In the space of one or two parked cars, this bikeshare station offers space for 11 bikes. However, because it is installed on the roadway, it must be removed every winter so that snow can be cleared. If the curb were extended, the bikeshare station could be used year-round. Another nice feature is bicycle parking: the space to park one car can be used to park six or more bicycles.
A bus stop allows buses to pull to the curb. In some cases, it is appropriate to extend the curb so the bus would stop in the traffic lane; otherwise, it may experience delays when it merges back into traffic.
A bus priority lane provides a dedicated right of way for buses, helping to improve on-time performance. To date, these lanes extend only a few hundred feet into Arlington along Mass Ave. They have proven beneficial in many other communities.
Bike lanes, particularly if they are separated from cars by a physical buffer, greatly enhance the safety and comfort of people traveling on two wheels.
But with a limited roadway width, adding bike lanes is difficult unless the community is flexible enough to consider consolidating curb parking on one side of the street, or moving it to side streets entirely.
Finally, the Town could expand the use of on-street spaces for electric vehicle charging stations, such as this one on Park Ave:
Strengthen business districts
Nowhere is the curb more valuable than in business districts. Businesses thrive when their customers have a convenient way to reach them. Metered parking encourages people to park, do their business, and move along so another patron can take that space. Revenue from parking meters can be spent to improve the business district–for example, by planting flowers and trees.
Metered parking is not the only valuable use of curb space in a business district. Outdoor dining is a way the Town can directly support its restaurants by enabling them to serve additional customers. Here is one example in Arlington Center:
And in Arlington Heights:
Other valuable curb uses in business districts include taxi stands and loading zones. Loading zones in particular are crucial to businesses’ success and help prevent the street from being clogged by early-morning delivery trucks, late-night food-delivery vehicles, and everything in between.
Enable new ‘car-light’ development
With high housing costs and a relatively small commercial tax base, Arlington could benefit from some kinds of development. However, land is valuable and lots are small, so if new buildings are required to have large parking lots, it is very difficult to build new homes and businesses. Plus, large parking lots bring more cars and more traffic. But better curb management can help resolve this dilemma, supporting car-light development that is more sustainable and affordable.
For example, on-street permit parking can enable nearby development with few or no off-street parking spaces. New housing or businesses are a better use of land than parking and will generate more property tax revenue. When parking permits are priced appropriately, they are available to residents who need them but discourage households from adding extra cars they do not need.
Take these hillside houses: access to on-street parking made it possible to build on a steep hillside, where it would have been too expensive and difficult to blast to create off-street parking.
Conclusion
Ask your town leaders if they have a curb management strategy. Is the Town using its limited curb space in support of goals such as green infrastructure, public safety and accessibility, public transportation, local business, and car-light development?
Data in a Mass Housing Partnership report shows how far behind the Boston metropolitan area has fallen in meeting the housing needs of its citizens. There are four primary categories for measuring the inadequacies: 1. Availability, 2. Affordability, 3. L0cation and Mobility and 4. Equitability. See the full report for more data and examples. Two slides are shown below.
from Karen Kelleher, Reporter
Interested in new policy developments on housing production in the Greater Boston area? The latest research from Mass Housing Partnership (MHP) is of interest. They just released (Dec. 18, 2019) in interactive map showing relative housing density around every mass transit and commuter rail station in the system, concluding that the region could add 235,000 units if every community allowed density as of right in the area around transit.
CHAPA has legislation pending that would require municipalities served by transit to allow higher density as of right within a certain distance from transit stations. You’ll see that the density around Alewife is not too bad in the context of the entire system.
This is mostly because of very high density in Cambridge near Alewife, but the density of two and three families in East Arlington shows better housing density than the sea of single family zoning around many commuter rail stops.
You can check it out here:https://www.mhp.net/news/2019/todex-research-brief
Massachusetts’ 2020 Economic Development Bill included a set of housing choice provisions: these require communities served by the MBTA to provide a district of reasonable size where multi-family housing is allowed by right. The law gives us significant flexibility to design a district that best suits our needs, but the district must allow housing suitable for families with children, without age restrictions, and at a rate of at least 15 dwelling units per acre. Arlington is one of 175 MBTA communities in Massachusetts that share in the responsibility for meeting these requirements.
The law requires a “district of reasonable size”, but what does that mean? Throughout much of 2021 the Massachusetts Department of Housing and Community Development (DHCD) worked on a set of supporting regulations that set the district requirements according to the type of transit service a community has, the number of existing homes in the community (as of the 2020 Census), and the amount of developable land near transit stations. The specifics vary by community, but here is what the requirements mean for Arlington:
- Our district needs a capacity of (at least) 2,046 homes. This isn’t a requirement to build 2,046 additional homes; instead, it reflects the total number of homes that district might contain in the future. For example, if a parcel with a two-family home were rezoned to allow a three-family home, that single parcel would have a capacity of three.
- Our district needs to allow multi-family housing by right. “By right” means that the development only requires a building permit, where the Building Inspector determines whether the project complies with zoning and building codes. While Arlington allows multi-family housing (three or more dwellings on a single parcel) in some areas, such projects are not allowed by right.
- Our district needs to allow (at least) 15 dwellings/acre. This is more or less in line with the density of the streetcar suburbs that were built in East Arlington during the 1920s. Although portions of Arlington likely meet the density requirement, none of these areas currently comply, as they don’t allow multi-family housing to be built by right.
- Our district needs to be at least 32 acres, but it could be larger. We have flexibility here, as we’ll discuss in a moment.
- Finally, due to the lack of developable land around the Alewife T station, Arlington is free to locate its multi-family district (or districts) anywhere in town. We’re not tied to any particular geographic location.
The new law’s requirements provide Arlington with a great deal of flexibility. We’re free to place our district (or districts) anywhere in town, and we’ll be able to choose from a variety of options as long as they meet the requirements set forth above. For example, providing the capacity of 2,046 homes in the minimum district size of 32 acres would give us a density of 64 dwellings/acre; roughly the scale of mid-rise apartment buildings. On the other hand, if we went with the minimum density of 15 dwellings/acre, we’d have a 135 acre district that allowed smaller multi-family homes. Our district can be anywhere within this range; we also have the option of having multiple districts, with smaller multi-family buildings in some areas of town and larger multi-family buildings in others.
Arlington has a track record of producing thorough and comprehensive planning documents, such as our Master Plan, Net Zero Action Plan, Sustainable Transportation Plan, and Housing Production Plan. These plans contain plenty of building blocks that could be used to formulate a compliant multi-family district. Viewed in that light, the MBTA community requirements are an opportunity to meet some of the goals we’ve already set for ourselves; we just have to go about it in a way that satisfies the law’s new requirements.
Arlington has one unique consideration, which doesn’t apply to most MBTA communities. In 2020, Arlington’s Town Meeting sent a home rule petition to the state legislature, asking for permission to regulate the use of fossil fuels in new building construction; it’s an important component of our plan to become carbon-neutral by 2050. A number of other communities in the Commonwealth filed similar petitions, and the legislature responded by establishing a pilot program: ten cities and towns will be allowed to enact “fossil fuel bans”, but only if they (a) have 10% subsidized housing, (b) achieve safe harbor via compliances with an approved housing production plan, or (c) establish a multi-family district of reasonable size by February 2024. Arlington doesn’t meet the subsidized housing requirement (only 6.54% of our homes are on the subsidized housing inventory), and we’re unlikely to gain safe harbor status during the next year; our most viable path to participation hinges on meeting the multi-family requirements.
In summary, the multi-family requirement for MBTA communities creates new requirements for Arlington, while also presenting us with new opportunities: the opportunity to meet planning goals, the opportunity to meet sustainability goals (e.g., by regulating fossil fuel use in new construction), and the opportunity to reimagine how we do multi-family housing in Arlington as our town moves forward into the twenty-first century.
by Steve Revilak
On Tuesday August 6, 2024, Governor Healey signed the Affordable Homes Act (H.4977) into law. It’s a significant piece of legislation that will take positive strides toward addressing our state’s housing crisis. At 181 pages, the Affordable Homes Act is a lengthy bill, but the things it does generally fall into three categories: funding, changes to state law, and changes to state agencies.
The act authorizes more than five billion dollars to fund the creation, maintenance, and preservation of housing. This includes $425M to housing authorities and local housing initiatives (including $2.5M for the Arlington Housing Authority), $60M to assist homeowners or tenants with a household member with blindness or severe disabilities, $70M for community-based efforts to develop supportive housing for persons with disabilities, and $100M to expand opportunities for first-time homebuyers.
The Affordable Homes Act makes several changes to Massachusetts zoning laws, including the legalization of accessory dwelling units (ADUs) statewide. ADUs, also known as “granny flats” or “in-law apartments,” are a cost-effective way to add new housing, and they’re typically used to provide living quarters for relatives or caretakers, or to generate rental income for homeowners. ADUs are now allowed in all single-family zones in Massachusetts, by right, without the need for a discretionary permit. Arlington has been a leader in this area, having passed an ADU bylaw in 2021, and it’s great to see this option extended throughout the Commonwealth.
Finally, the Affordable Homes Act makes a number of changes to state agencies, especially the Executive Office of Housing and Livable Communities (EOHLC). The Act establishes a new Office of Fair Housing within the EOHLC, to “advance the elimination of housing discrimination.” The Fair Housing office will provide periodic reports on progress towards achieving this goal. EOHLC is also charged with creating and implementing a state-wide housing plan that will consider supply and demand, affordability, challenges unique to different regions of the state, and an analysis of local zoning laws.
While our legislators deserve kudos for putting this package together, they also deserve kudos for what they left out. More than three hundred amendments were filed during House deliberations, and a number of them were intended to weaken the multi-family housing requirements of the MBTA Communities Act. For example, one amendment, simply titled “Technical Correction” would have rewritten the transit community definitions, in order to reduce the housing requirements for Milton. We are heartened that our legislators did not go along with such shenanigans.
Thanks to so many of you who came out Monday evening for the demonstration in support of the MBTA Communities proposal before the Arlington Redevelopment Board meeting! Over 20 people were there – a substantial and notable showing, especially on such short notice. Paulette Schwarz took some photos of the demonstration early in the evening which she kindly shared with us.
(published June, 2019)
Overview
To solve the extraordinarily large deficit in housing for the greater Boston region, over 180,000 units of new housing should come on line in the next few years. This deficit is the result of a rapid expansion in in-migration due to new job creation, with no commensurate increase in housing production for the people taking those new jobs.
The report concludes that zoning is a primary culprit in restricting the development of an adequate housing supply, creating a “PAPER WALL” keeping out newcomers. The cost of this inadequate supply is a huge demand for housing which, in turn, bids up the price for available housing. The following “culprits” are considered: inadequate land area zoned for multi-family housing; low density zoning; age restrictions and bedroom restrictions; excessive parking requirements; mixed use requirements and approval processes. Alternative zoning models are suggested.
Elements such as “Approval Process”, “Mixed Use”, “Village Centers vs Isolated Parcels” and “Building Up or Building Out” are considered.
Researcher Amy Dain reports on two years of research into the regulations, plans and permits in the 100 cities and towns surrounding Boston. The research was commissioned by the Massachusetts Smart Growth Alliance and funded collaboratively with: Citizens’ Housing and Planning Association, Home Builders & Remodelers Association of Massachusetts, Massachusetts Association of Realtors, Massachusetts Housing Partnership, MassHousing, and Metropolitan Area Planning Council.
For the full report see: https://ma-smartgrowth.org/wp-content/uploads/2019/06/03/FINAL_Multi-Family_Housing_Report.pdf
For a power point slide presentation see: https://ma-smartgrowth.org/wp-content/uploads/2019/06/04/DainZoningMFPresentationShare2019.pdf
For the Executive Summary see: https://equitable-arlington.org/wp-content/uploads/2019/07/June-2019-Multi-Family-Housing-Report_Executive-Summary.pdf