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
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)
The cost of building a residential unit, single or multi-family, correlates directly, if not precisely, with its cost to resident tenants or owners. The following study and data (using Assessor’s data) demonstrates that higher density housing is more affordable than single-family housing. Whether you look at the median cost of all housing across the Town or the unit costs of the newer, more expensive, apartments built in the last decade, density yields lower prices. The town wide median is $438,900 per unit.
The newest projects (420-440 Mass Ave., Brigham Square and Arlington 360) range from $249k per unit to $412K per unit. These three developments alone contributed 414 new units of housing to the Town.
Discussions of “affordability” represents a spectrum of terms. Units can be affordable because zoning and market conditions allow the units to be built for less money than a single family home. Or they can be affordable because the builder has received subsidies that reduce the cost. Or they can be affordable, as in the case of inclusionary zoning, because the permission to build is contingent on at least some of the units being “permanently” (99 years) available to qualified tenants or buyers based on legal restrictions.
A few days ago, the Boston Globe ran an article titled “2021 set records in Boston Housing Market. What now?“. It’s not unusual to see stories about housing in the news — the market is highly competitive and the sale prices can be jaw dropping. Jaw dropping can take several forms: from the new (and used) homes that sell for over two million dollars, to the amount of money that someone will pay to purchase a small post-war cape (around $900,000, give or take).
According to the globe article, the Greater Boston Association of Realtors estimates that the median price of a single family homes in the Boston area rose 10.5% in 2021, to $750,000. Arlington is comfortably in the upper half of this median: according to our draft housing production plan the median sale price of our single family homes was $862,500 in 2020, and rose to $960,000 in the first half of 2021 (see page 39).
In June 2021, I got myself into a habit of sampling real estate sales listed in the Arlington Advocate, and compiling them into a spreadsheet. My observations are generally consistent with the sources cited above; Arlington’s housing is expensive and it’s appreciated rapidly, particularly in the last 6–10 years. It’s a great time for existing owners, but less so if you’re in the market for your first home.
We’re actually facing two problems, which are related but not identical. The first is high cost, which creates financial stress and a barrier to entry (though it is a boon for those who sell). The second problem is quantity; there are regional and national housing shortages, and that contributes to high prices and bidding wars.
Addressing these challenges will require collective effort on behalf of all communities in the metro area; this is a regional problem and we’ll all have to pitch in. There isn’t a single recipe for what “pitching in” means, but here are some for what communities can do.
First, produce more affordable housing. Affordable housing is a complex regulatory subject, but it basically boils down to two things: (1) the housing is reserved for households with lower incomes than the area as a whole, and (2) there’s a deed restriction (or similar) that prevents it from being sold or rented at market rates. Affordable housing usually costs more to produce than it generates in income, and the difference has to be made up with subsidies. It takes money.
Second, simply produce more housing. This is the obvious way to address an absolute shortage in the number of dwellings available. Some communities have set goals for housing production. Under the Walsh administration, Boston set a goal of producing 69,000 new housing units by 2030. Somerville’s goal is 6000 new housing units, and Cambridge’s is 12,500 (page 152 of pdf). To the best of my knowledge, Arlington has not set a numeric housing production goal, but it’s something I’d like to see us do.
Finally, communities could be more flexible with the types of housing they allow. Arlington is predominantly zoned for single- and two-family homes. The median sale price of our single family homes was $960,000 during the first half of 2021, and a large portion of that comes from the cost of land. That’s the reality we have, and the existing housing costs what it costs. So, we might consider allowing more types of “missing middle” housing, where the per dwelling costs tend to be lower: apartments, town houses, triple-deckers, and the like.
Of course, this assumes that our high cost of housing is a problem that needs to be solved; we could always decide that it isn’t. In the United States, home ownership is seen as a way to build equity and wealth. It’s certainly been fulfilling that objective, especially in recent years.
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.
An ADU is a separate, smaller living unit with its own kitchen and bathroom facilities and separate entrance that is included within a larger resident (type 1), attached to a residence (type 2) or located in an accessory (“detached”) structure on the same lot as a main residence (type 3). For a variety of reasons, primarily cost and feasibility, the type 1 ADUs are by far the most common.
Article 43 on Arlington’s warrant for Spring 2021 Town Meeting would allow accessory dwelling units in connectin with single-family dwellings, two-family dwellings and duplex dwellings, as long as the ADUs can conform to dimentional requirements in existing zones (aka R0, R1, R2, B) and all code requirements. These dimensional requirements including setbacks, side yards, height, etc.
The sizes of these ADUs are determined by the size of the finished area of the specific home and must meet the dimensional requirements of the zoning district. Many homes in Arlington may not qualify for a Type 2 (attached) or Type 3 (detached) ADU. This chart shows the probable average square footage size of an ADU in each of the Town’s 21 precincts. There is a considerable difference, ranging from 479sf in precinct 4 to 885sf in precinct 8. The town wide average is 652 sf, not very big but a perfect size for an individual looking for a smaller, less expensive home in Arlington. No matter how big the home, the maximum size is capped at 900sf.
(Barbara Thornton, Arlington and Roberta Cameron, Medford)
Our communities need more housing that families and individuals can afford. From 2010 to 2017, Greater Boston communities added 245,000 new jobs but only permitted 71,600 new units of housing. Prices are escalating as homebuyers and renters bid up the prices of the limited supply of housing. As a result, one quarter of all renters in Massachusetts now spend more than 50% of their income on housing. (It should be only about 30% of monthly gross income spent on housing costs.) Municipalities have been over-restricting housing development relative to need. The expensive cost of housing not only affects individual households, but also negatively affects neighborhoods and the region as a whole. Lack of affordability limits income diversity in communities. It makes it harder for businesses to recruit employees.
Over the last two years, researcher Amy Dain, commissioned by the Massachusetts Smart Growth Alliance, has systematically reviewed the bylaws, ordinances, and plans for the 100 cities and towns around Boston to uncover how local zoning affects multifamily housing and why local communities failing to provide enough additional housing to keep the prices from skyrocketing for renters and those who want to purchase homes.
Interested in housing affordability and why the cost of housing is increasing so dramatically to prevent average income residents from affording homes in the 100 municipalities around Boston? Arlington and Medford residents are pleased to welcome author Amy Dain to present her report, THE STATE OF ZONING FOR MULTIFAMILY HOUSING IN GREATER BOSTON (June 2019). Learn more about the so-called “paper wall” restricting production, common trends in local zoning, and best practices to increase production going forward. Learn about efforts in Medford and Arlington to increase housing production and affordable housing and how you can get involved. Thursday, July 25, 2019, 7:00 PM at the Medford Housing Authority, Saltonstall Building, 121 Riverside Avenue, Medford. (Parking is available.)
To access the full report, go to: https://ma-smartgrowth.org/wp-content/uploads/2019/06/03/FINAL_Multi-Family_Housing_Report.pdf
The Massachusetts Smart Growth Alliance, which commissioned the study, provides the following summary of the four principal findings and takeaways:
1) Very little land is zoned for multi-family housing.
For the most part, local zoning keeps new multi-family housing out of existing residential neighborhoods, which cover the majority of the region’s land area.
In addition, cities and towns highly restrict the density of land that is zoned for multi-family use via height limitations, setbacks, and dwelling units per acre. Many of the multi-family zones have already been built out to allowable densities, which mean that although multi-family housing is on the books, it does not exist in practice.
At least a third of the municipalities have virtually no multi-family zoning or plan for growth.
Takeaway: We need to allow concentrated density in multi-family zoning districts that are in sensible locations and allow for incremental growth over a larger area.
2) We are moving to a system of project-by-project decision-making.
Unlike much of the rest of the country, Massachusetts does not require communities to update their zoning on a regular basis and make it consistent with local plans. Although state law ostensibly requires municipalities to update their master plans every ten years, the state does not enforce this provision and most communities lack up-to-date plans.
Instead, the research documents a trend away from predictable zoning districts and toward “floating districts,” project-by-project decision-making, and discretionary permits. Dain found that 57% of multi-family units approved in the region from 2015-2017 were approved by special permit, 22% by 40B (including “friendly” 40B projects), 7% by use variance, and only 14% by “as-of-right” zoning.
There also seems to be a trend toward politicizing development decisions by shifting special permit granting authority to City Council and town meeting. The system emphasizes ad hoc negotiation, which in some cases can achieve a more beneficial project. Yet the overall outcome is a slower, more expensive development process that produces fewer units. Approving projects one by one inhibits the critical infrastructure planning and investments needed to support the growth of an entire district.
Takeaway: We would be better served by a system that retains the benefits of flexibility while offering more speed and predictability.
3) The most widespread trend in zoning for multi-family housing has been to adopt mixed-use zoning.
83 of out of 100 municipalities have adopted some form of mixed-use zoning, most in the last two decades. There is a growing understanding that many people, both old and young, prefer to live in vibrant downtowns, town centers and villages, where they can easily walk to some of the amenities that they want. Malls, plazas and retail areas are increasingly incorporating housing and becoming lifestyle centers.
Yet with few exceptions, the approach to allowing housing in these areas has been cautious and incremental. These projects are only meeting a small portion of the region’s need for housing and often take many years of planning to realize. In addition, the challenges facing the retail sector can make a successful mixed-use strategy problematic. Commercial development tends to meet less opposition than residential development, even in mixed-use areas.
Takeaway: We need more multi-family housing in and around mixed-use hubs, but not require every project to be mixed-use itself.
4) Despite their efforts, communities continue to build much more new housing on their outskirts rather than in their town centers and downtowns.
About half of the communities in the study permitted some infill housing units in their historic centers, but her case studies show that these infill projects are modest in scale and can take up to 15 years to plan and permit.
On the other hand, many more units are getting built in less-developed areas with fewer abutters. This includes conversion of former industrial properties, office parks, and other parcels disconnected from the rest of the community by highways, train tracks, waterways or other barriers. This much-needed housing can be isolated even when dense, and still car-dependent because of limited access to public transportation and lack of walkability.
Takeaway: We need to allow more housing in historic centers as well as incremental growth around those centers. Furthermore, we need to plan an integrated approach to growth districts so that they can be better connected to the community and the region.
Two weeks ago, I helped to organize a precinct meeting for residents and town meeting members. During the meeting, we got into a discussion about public open spaces, how the town funds their upkeep, and whether having more commercial tax revenue might provide additional funding for parks and recreation.
As I discussed in an earlier post, only about 5.6% of Arlington’s is zoned for commercial uses, and that limits the amount of commercial property tax revenue we can generate. Commercial property tax revenue is sometimes referred to as “CIP”, which stands for “Commercial, Industrial, and Personal”. Commercial and Industrial refer to property taxes on land and buildings that are respectively used for commercial and industrial uses. Personal tax is tax on the value of equipment that’s owned and used by a business for the purpose of carrying out whatever their business is. This could include things like desks, display fixtures, cooking equipment, fork lifts, and the like.
In 2020, Arlington’s CIP levy was 5.45%, meaning that 5.45% of our property tax revenue came from Commercial, Industrial, and Property tax revenue. Breaking this down further, 4.2% was commercial ($5,562,528 tax levy), 0.2% was industrial ($278,351 tax levy), and 1.1% was personal ($1,423,117 tax levy). The town’s total 2020 tax levy was $133,350,155. This data comes from MassDOR’s Division of Local Services, and I’ll provide more specific sources in the “References” section of this post.
A CIP levy of 5.45% is low (compared with other communities in the commonwealth), and occassionaly folks like to talk talk about how to raise it. Which is to say, we about how to raise the ratio of commercial to residential taxes. I moved to Arlington in 2007, when our CIP levy was 5.37%. This increased in subsequent years, peaking at 6.26% in 2013, and has been gradually decreasing since. Recall that 2008 was the year the housing market crashed, and the “great recession” began. The value of Arlington’s residential property fell, but the value of business properties was relatively stable in comparison. Thus, our CIP percentage got a boost for a couple of years.
Tax levies (the amount of tax collected) are a direct reflection of the tax basis (the assessed value of property). I’m going to shift from talking about the former to talking about the latter, because that will lead nicely to a discussion about property wealth. Which is to say, the aggregate value of property assessments in town.
Here’s a chart showing Arlington’s net CIP and residential property values, from 1983–2020, adjusted to 2020 dollars. (This is similar to the chart that appears on page 102 of Arlington’s Master plan, but for a longer period of time).

Generally speaking, the value of Arlington’s residential property has appreciated considerably, and there’s a widening gap between our residential and CIP assessments (in terms of raw dollars). Because the gap is so large, it’s helpful to see it on a log scale.

Viewed this way, the curvatures are generally similar, but residential property wealth is rising faster than business property wealth.
In summary, there are three reasons why our CIP is as low as it is: (1) a limited amount of land where one can run a business, (2) the value of residential property is appreciating faster than the value of business property, and (3) occasionally business properties are converted to residential (perhaps with the residential property being worth more than the former business property). That’s not to say we can’t improve the commercial tax base. We can, but we will have to think about what and where, and how to compete with a generally competitive residential market.
References
- MassDOR Division of Local Services reports
- DOR Query Tool for Municipal Property Assessments
- DOR Query Tool for Municipal Tax Levies
- Spreadsheet of Arlington Property Assessments, 1983–2020. Data obtained from MassDOR, with calculations added to adjust for inflation.
- Spreadsheet of Massachusetts Property assessments for 2020. Data obtained from MassDOR.
(Updated 7/2/2020, to add log scale graph and revise conclusion.)
Prepared by: Barbara Thornton with the capable assistance of Alex Bagnall, Pamela Hallett, Patrick Hanlon, Karen Kelleher, Steve Revilak and Jennifer Susse.
As Arlington considers new zoning and other policy decisions to increase the amount of affordable housing in the town, a concern has been raised about the threat of greater costs to the Town’s budget from new people with school age children moving into the town. The concern: additional children in the public schools costs the town more than the additional new property tax revenue the Town collects from the new housing.
This post examines this concern, drawing on data from two recent housing developments, representing 283 units of housing in Arlington, to determine that actually the Town budget gains over 4.5 times the actual cost of paying for the students. According to the most recent 2020 tax bills, the Town expects to collect $1,250,370 in revenue and to spend an additional $269,589 for the new Arlington Public School students living in these developments.
The data suggests that the fear of increased school costs, overwhelming the potential new revenue from new housing construction is not warranted.
For more information, see the full post here.