Many issues are under discussion as a result of these proposed zoning Articles. Issues include: housing affordability, the diversity of housing and incomes in Arlington, environmental concerns and sustainability, tax burdens or tax savings potentially resulting from growth, the risk of postponing the decisions, and the image of Arlington as a community that values diversity and equitability. This one page “fact sheet” attempts to address many of these issues and concerns.
Related articles
In the past few weeks, a number of highly respected Arlington organizations have come out in support of the MBTA Communities Plan. Here are a few. We will continue to update this list as it grows.
Greater Boston Interfaith Organization
This week the Greater Boston Interfaith Organization’s Arlington members released a letter of support, stating:
Arlington GBIO members support the Arlington Redevelopment Board’s proposal for the Article 12 of the Fall 2023 Special Town Meeting (MBTA Communities Overlay District) to enact changes in Arlington’s zoning by-laws that will allow for more multi-family housing to be built by right. We support an article that goes beyond the minimum capacity required by law in order to encourage the construction of a meaningful number of additional homes of various sizes beyond the number already present in Arlington.
Arlington Chamber of Commerce
The Arlington Chamber of Commerce sent a letter supporting the MBTA Communities Plan on October 2, saying:
The Arlington Chamber of Commerce believes that the MBTA Working Group’s proposal presents a strong plan for both housing and commercial growth. Arlington’s existing and future small businesses will benefit from an increased customer base and foot traffic resulting from additional housing units.
Division of Diversity, Equity and Inclusion
Arlington’s Division of Diversity, Equity and Inclusion wrote to the Arlington Redevelopment Board in support of the MBTA Communities Plan:
The DEI Division would like to formally voice our support for the Working Group’s effort to create a zoning plan that would allow for more multi-housing opportunities at varied price points across Arlington. Only 9% of Arlington’s land is devoted to multifamily housing, and even where building multi-family housing is allowable, it is not permitted by right. This does not provide suitable conditions for a range of housing types to exist. The current price point of homes in Arlington are far beyond the reach of most residents, regardless of their status as a member of a protected class. stating:
Read the full letter. [PDF]
Clean Energy Future Committee
The Clean Energy Future Committee said passage of the MBTA Communities Zoning was crucial because:
Passage of the MBTA Communities zoning amendment at this fall’s Special Town Meeting is the only viable pathway for Arlington to participate in the State’s Fossil Fuel Free Demonstration Program (Demonstration Program), which would allow implementation of the Clean Heat bylaw and home rule petition passed overwhelmingly by Arlington Town Meeting in 2020. Participation in the Demonstration Program will allow the Town to prohibit the installation of natural gas, oil, propane, and other fossil fuel infrastructure in new buildings and major renovations. Town Meeting sent a clear message in 2020 that enacting the Fossil Fuel Bylaw was a priority, and we–the CEFC, Town administrators, and elected and appointed bodies–have an obligation to act upon that priority; passage of the MBTA Communities zoning amendment is an essential step to carrying out the will of Town Meeting.
Mothers Out Front
As we previously reported, the Arlington chapter of Mothers Out Front supports the MBTA Communities Plan, writing:
A revised zoning by-law to allow for more multi-family housing will reduce pressure to build single family homes on undeveloped land elsewhere in Massachusetts. This safeguards undisturbed ecosystems and provides real alternatives to automotive commutes in the region, reducing both congestion and fossil fuel emissions.
Text of Warrant Article 8: (To be considered at Special Town Meeting (Virtual), Mon. 11/16/20 at 8:00 p.m.)
“ARTICLE 8 ACCEPTANCE OF LEGISLATION/BYLAW AMENDMENT/ MUNICIPAL AFFORDABLE HOUSING TRUST FUND
To see if the Town will vote to accept Massachusetts General Laws c. 44 § 55C, to authorize the creation of a Municipal Affordable Housing Trust Fund to support the development of affordable housing in Arlington, establish a new bylaw for the administration of same; or take any action related thereto. (Inserted by the Select Board)”
What will it do? How will it work?
A Proactive Step to Address Housing Affordability. With a municipal affordable housing trust, Arlington will join more than 113 Massachusetts municipalities that have formed a housing trust fund to support a proactive strategy for building housing affordability. The Trust is a small step the Town can take to more proactively address the housing affordability crisis that challenges many of our current residents and makes Arlington increasingly inaccessible to new residents. Creating affordable housing can also be a strategy for maintaining or increasing diversity.
Ability to Act Quickly.
A primary benefit of a housing trust is to enable the Town to act quickly to support or participate in transactions that increase or preserve affordable housing in Arlington. Without a Trust, the Town does not have the flexibility or agility to act quickly. Following are some examples, though there are many other ways that trusts can and do advance housing affordability:
• Financing the acquisition and/or development of market properties for conversion to affordable housing by a nonprofit developer;
• Purchasing an existing affordable home to ensure resale to another low income buyer, or purchasing a market rate home to create an affordable homeownership opportunity;
• Providing flexible financing to increase the number of affordable units or reduce income levels in existing or new projects that include affordable housing.
Developing a Housing Trust Strategy Over Time.
The strategies to be pursued by the Trust would be set forth by the Trustees in a plan or proposal(s) they would lay out after they are appointed, most likely after/through a process of public engagement. The specific strategies are, deliberately, not part of the warrant article or the Bylaw proposed for adoption. This allows the Town the flexibility to set and modify the Town’s housing strategies over time, in a manner that is responsive to the public and its elected representatives. The Bylaw requires the strategy or plan, and most major Trust decisions, to be approved by the Select Board, and Town investments in the Trust would still require Town Meeting approval.
Funding the Affordable Housing Trust Fund.
Creating affordable housing requires substantial subsidy. The Trust’s ability to cause more affordable housing to be created or preserved in Arlington will be directly related to the availability of resources to fund it and leverage additional state and federal resources. The vote before the Special Town Meeting this fall will not provide any funding for the Trust.
While it is anticipated that the Trust might receive initial funding via a grant of Community Preservation Act funds from the CPA Committee, to increase our impact, more resources will be needed.
How Other Communities Fund Their Housing Trust Funds.
The Community Preservation Act is the most common source of funding, but the most impactful trusts tend to have a variety of funding sources that result in a steady flow of financial resources into the Trust. Other municipalities have tapped into a variety of additional sources, including inclusionary zoning payments, federal HOME funds, voluntary/negotiated developer payments, proceeds from sale of tax foreclosed or other Town-owned properties, cell tower payments, cannabis-related revenue, short-term rental fees, fees for managing housing lotteries, sale of bonds, general municipal funding, and private donations. Many also donate excess town property to their housing trust for sale and redevelopment as affordable or mixed income housing. More recently, a number of cities and towns have proposed home rule petitions that would allow them to impose a small fee on the transfer of real property to fund their housing trusts, and there is state legislation proposed to authorize cities and towns to impose such transfer fees without sending a Home Rule Petition to the state legislature.
Building Trust Resources Through a Transfer Fee.
The Housing Plan Implementation Committee originally recommended that Town Meeting adopt a bylaw creating a housing trust and create a funding source for it by voting to authorize the filing of a home rule petition to impose a modest real estate transfer fee. Although the Select Board elected to defer consideration of the transfer fee until 2021, such a fee is attractive to many, because it would be borne only by those selling their Arlington homes or properties, and because it provides a mechanism to capture a very small portion of the extraordinary equity increase that Arlington property owners have realized over many years due to regional market forces. The details of such a fee are important and merit further discussion, but it presents a promising potential revenue source to empower the Trust to be proactive.
The Process.
The article in front of the Special Town Meeting would start the process of creating a municipal affordable housing trust. Once approved by Town Meeting the Affordable Housing Trust Bylaw would be submitted to the Attorney General to certify its consistency with the state law governing housing trusts within 90 days. Once so certified, the Town Manager will appoint trustees, including at least one member of the Select Board. Once these appointments are confirmed by the Select Board, the Trustees themselves would lead the process of proposing an initial set of goals and strategies for the Trust to implement, after approval by the Select Board.
Financial Stability & Accountability.
The Trust will be governed by the MAHT law passed in 2005 that specifies powers and limitations for trusts of this type. The proposed Bylaw has been reviewed and modified pursuant to suggestions of the Finance Committee to ensure accountability and financial stability. The Trust will be managed by the Treasurer, will be audited annually, will have legal and practical limitations on its borrowing capacity, and will not have the power to pledge the full faith and credit of the Town.
To learn more about municipal affordable housing trusts, refer to the MHP Municipal Affordable Housing Trust Fund Guide, v.3
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This information was prepared by Karen Kelleher, Arlington Town Meeting Member, Precinct 5, Member, Arlington Housing Planning Implementation Committee and Executive Director, LISC Boston ( Local Initiative Support Corporation)
In 2015 Town Meeting approved the Master Plan. Following is the Housing chapter of that plan. It contains a great deal of information about details of the housing situation in Arlington, challenges of housing price increases, needs for specialty housing, opportunities for meeting these needs, etc. The authors found that “most cities and towns around Arlington experienced a significant rise in housing values from 2000 to 2010. A 40 percent increase in the median value was fairly common. However, Arlington experienced more dramatic growth in housing values than any community in the immediate area, except Somerville. In fact, Arlington’s home values almost doubled.” This and related data helps explain why the need for affordable housing is now so acute.
by JP Lewicke
When you love the place you live and you want to help it become even better, how can you make a difference? Arlington is an extremely civically active community, with hundreds of residents involved in Town Meeting, several dozen boards and committees, and numerous other groups that play an important role in improving our town. The vast array of options can be a bit dizzying for a newcomer to sort through.
Fortunately, Arlington has recently launched Arlington Civic Academy to provide interested residents with a pathway to becoming more civically literate and involved. Ably organized by Joan Roman, Arlington’s Public Information Officer, Civic Academy takes place over the course of six weeks and aims to provide participants with the information they need for constructive civic engagement. Applications are open from now until August 4th for the fall session, which will take place between September 12th and October 17th.
Find Out How the Town Works
It’s clear that town government takes the Academy seriously. The Town Manager, Select Board Chair, Town Moderator, and the heads of several town departments have stayed late into the evening to attend Civic Academy sessions. Their formal presentations do a great job of explaining how different areas of town government work and how best to get involved, but the chance to meet them and ask them questions is equally valuable. The participants usually have a lot of very insightful questions, and it’s a great opportunity to learn more and become a more effective advocate in the future.
Participants Make Arlington Civic Academy Great
The other participants are another great part of the program. It’s also a great chance to make connections with other people who are equally enthusiastic about learning and getting involved in making their town a better place. There have been two sessions of the program so far, and several participants have gone on to run for Town Meeting, join the Master Plan Update Advisory Committee, volunteer for last fall’s tax override campaign, and propose warrant articles. We just had a get-together for members of both Civic Academy sessions to meet each other and network, and are hopeful that Civic Academy alumni can help connect future participants in the program to opportunities to get involved in helping Arlington become even better.
Helping Others Learn to Navigate Town Processes
I ran for Town Meeting this spring after attending Civic Academy last fall, and I found that it served me well after I was elected. It taught me how the budgeting process worked, including all the steps from the Town Manager’s office working with individual departments, the Finance Committee compiling a cohesive budget, and Town Meeting approving that budget. When constituents from my precinct have questions about how to get help with something from the town, I know which boards or committees or town departments they should reach out to. I also have a better understanding of the current constraints and opportunities faced by our town across multiple areas.
When I started working with Paul Schlictman on advocating for extending the Red Line further into Arlington, I reached out to the members of my Civic Academy class to see if they were also interested, and several of them were incredibly generous with their time and helped us set up our website and mailing list. I would highly recommend applying to Civic Academy, and I’m very thankful that the town puts so much effort into making it a great experience.
by Beth Elliott
I’m a member of the Affordable Housing Trust Fund Board and an attorney with over 15 years of practice in affordable housing law. Views expressed are my own, not those of the Trust.
The Town of Arlington and the Arlington Affordable Housing Trust Fund have created the Acquisition, Creation and Conversion (ACC) Program to provide a flexible source of funding for creating deed-restricted affordable housing in Arlington. Up to $250,000 is available per restricted unit, and the Town has dedicated federal ARPA funds to support the ACC Program.
ACC Program funds can be used to build new deed-restricted affordable units, whether rented or owned. ACC funds can only be used for existing units if the current tenants will not be displaced.
“Deed-Restricted” Is Important
“Deed-restricted” is the key component here. Housing that is “deed-restricted” as affordable housing is protected by a legally binding agreement that is recorded against the property in the registry of deeds. This agreement specifies the levels of affordability that must be maintained and for how long. It’s a public commitment to provide affordable housing that binds the current owner of the property as well as anyone else who buys the property while the restriction is in place. The ACC Program requires affordability for at least 20 years for rental units and in perpetuity for homeownership units. For rental properties, this means that tenants know that their units will remain affordable for the long term, even if their landlord changes.
Personally, I’m most excited about the potential to use the ACC Program to apply these protections to existing naturally occurring affordable housing in Arlington. For example, if an owner of an existing apartment building participates in the ACC Program, some or all of the apartment units will become deed-restricted affordable housing. Because ACC Program funds can only be used if the existing tenants aren’t displaced, this locks in deed-restricted affordability for the existing tenants. This innovative feature of the program is rare in my experience of affordable housing programs, and it has RFP potential to make meaningful change for existing tenants of naturally occurring affordable housing.
Get the Full Rules
In addition, the ACC Program can be combined with other funding sources, so there is great opportunity for owners to propose their own solutions. The Request for Proposals (RFP) issued for the ACC Program, available here, provides the full rules for participating in the program.
This 102 page document is the most recently revised set of recommendations by the Town of Arlington’s Redevelopment Board. The report takes into consideration the comments and information provided over the last few months’ public hearing process. It also incorporates a citizen petition which strengthens the case for increasing permanent affordable housing with the passage of these zoning related Articles. Town Meeting convenes on April 22, 2019.
(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?

(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