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
Why Is This Our Issue & What Should We Do About It?
(presented by Adam Chapdelaine, Town Manager, to Select Board on July 22, 2019)
Overview

Since 1980 the price of housing in Massachusetts has surged well ahead of other fast growing states including California and New York. While the national “House Price Index” is just below 400, four times what an average house might have cost in 1980, a typical house in Massachusetts is now about 720% what it was in 1980. Median household income in the state has only increased about 15% during the same period. No wonder people in Arlington are feeling the stresses of housing costs if they want to live here and are feeling protective of the equity value time has provided them if they bought years ago.
In response to concerns about zoning, affordable housing and housing density, the Town joined the “Mayors’ (and Managers’) Coalition on Housing” to address these growing pressures. This 12 page slide deck presentation outlines the key data points, the number of low and very low income households in Arlington, the rate of condo conversion that is absorbing rental units, etc.
Solutions are offered including:
• Amendments to Inclusionary Zoning Bylaw
• Housing Creation Along Commercial Corridor – Mixed Use & Zoning Along Corridor
• Accessory Dwelling Units – Potential Age & Family Restrictions
• Other Tools Can Be Considered That Are Outside of Zoning But Have An Impact on Housing
Chapdelaine’s suggested next steps are:
• Continued Public Engagement
• Town Manager & Director of DPCD Meet with ARB
• Select Board & ARB Hold Joint Meeting in Early Fall
• ARB Recommends Strategies to Pursue in Late Fall/Early Winter
The Select Board approved the suggested next steps and a joint ARB/ Select Board meeting should be scheduled in the near future.
Note from Reporter: As a community, Arlington has long prided itself on its economic diversity. With condo conversions, tear downs leading to “McMansions”, higher paid workers arriving in response to new jobs, etc., Arlington is at great risk of losing this diversity that has long enriched the community. Retirees looking to downsize and young people who have grown up in Arlington looking for their first apartment are finding it impossible to stay in town. Shop keepers and town employees are challenged to afford the rising housing costs. With a reconsideration of zoning along Arlington’s transit corridors, Arlington NOW has an opportunity to create new village centers, like those recommended in the recent STATE OF HOUSING report. These village centers along our transit corridors could be higher, denser but also offer the compelling visual design and amenities desired by people who want to walk to cafes, shops and public transit.
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.
Accessory Dwelling Units (aka “granny flats”)
The following information was presented to the Arlington Redevelopment Board in October, 2020 by Barbara Thornton, TMM, Precinct 16
This Article proposes to allow Accessory Dwelling Units, “as of right”, in each of the 8 residential zoning districts in Arlington.
Why is this zoning legislation important?
Arlington is increasingly losing the diversity it once had. It has become increasingly difficult for residents who have grown up and grown old in the town to remain here. This will only become more difficult as the effects of tax increases to support the new schools, including the high school, roll into the tax bills for lower income residents and senior citizens on a fixed income. For young adults raised in Arlington, the price of a home to buy or to rent is increasingly out of reach.
Who benefits from ADUs?
- Families benefit from greater flexibility as their needs change over time and, in particular providing options for older adults to be able to stay in their homes and for households with disabled persons or young adults who want additional privacy but still be within a family setting.
- Residents seeking an increase in the diversity of housing choices in the Town while respecting the residential character and scale of existing neighborhoods; ADUs provide a non-subsidized form of housing that is generally less costly and more affordable than similar units in multifamily buildings;
- Residents wanting more housing units in Arlington’s total housing stock with minimal adverse effects on Arlington’s neighborhoods.
What authority and established policy is this built on?
Arlington’s Master Plan is the foundational document establishing the validity and mission for pursuing the zoning change that will allow Accessory Dwelling Units.
Under Introduction in Part 5, Housing and Residential Development, the Master Plan states: Arlington’s Master Plan provides a framework for addressing key issues such as affordability, transit-oriented residential development, and aging in place.
The Master Plan states that the American Community Survey (ACS) reports that Arlington’s housing units are slightly larger than those in other inner-suburbs and small cities. In Arlington, the median number of rooms per unit is 5.7. There is a great deal of difference in density and housing size among the different Arlington neighborhoods. The generally larger size of homes makes it easier to contemplate a successful move to encourage ADUs.
What do other municipalities do?
According to a study (https://equitable-arlington.org/2020/02/16/accessory-dwelling-units-policies/), by 2017 65 out of 101 municipalities in the greater Boston (MAPC) region allowed Accessory Dwelling Units by right or by special permit. The average number of ADU’s added per year was only about 3. But by 2017, Lexington had 75 ADUs and Newton had 73. Both of these communities were among about 10 “as of right” municipalities in the MAPC region. This finding suggests that communities with more restrictions are less likely to see any significant affordable housing benefits.
Even in the midst of a housing crisis in this region, according to Amy Dain, housing expert, (https://equitable-arlington.org/2020/02/18/zoning-for-accessory-dwelling-units/) most municipalities still have zoning laws that restrict single family home owners from creating more affordable housing.
And this is despite the fact that, as according to Banker & Tradesman, March 10, 2020: https://www.bankerandtradesman.com/63-percent-in-greater-boston-back-adus/, 63% of people in the region approve of ADUs. California has recently passed strong pro-ADU legislation. A study by Zillow further corroborated this strong interest in communities across the US, including our region. https://equitable-arlington.org/2020/03/10/adu-popularity/.
Learn more about Accessory Dwelling Units/ “Granny Flats” here: https://planning.org/knowledgebase/accessorydwellings/

This timely report on the question of affordable housing vs. density comes from the California Dept. of Housing & Community Development and mirrors the situation in the region surrounding Arlington MA.
Housing production has not kept up with job and household growth. The location and type of new housing does not meet the needs of many new house- holds. As a result, only one in five households can afford a typical home, overcrowding doubled in the 1990’s, and too many households pay more than they can afford for their housing.
Myth #1
High-density housing is affordable housing; affordable
housing is high-density housing.
Fact #1
Not all high density housing is affordable to low-income families.
Myth #2
High-density and affordable housing will cause too much traffic.
Fact #2
People who live in affordable housing own fewer cars and
drive less.
Myth #3
High-density development strains public services and
infrastructure.
Fact #3
Compact development offers greater efficiency in use of
public services and infrastructure.
Myth #4
People who live in high-density and affordable housing
won’t fit into my neighborhood.
Fact #4
People who need affordable housing already live and work
in your community.
Myth #5
Affordable housing reduces property values.
Fact #5
No study in California has ever shown that affordable
housing developments reduce property values.
Myth #6
Residents of affordable housing move too often to be stable
community members.
Fact #6
When rents are guaranteed to remain stable, tenants
move less often.
Myth #7
High-density and affordable housing undermine community
character.
Fact #7
New affordable and high-density housing can always be
designed to fit into existing communities.
Myth #8
High-density and affordable housing increase crime.
Fact #8
The design and use of public spaces has a far more
significant affect on crime than density or income levels.
See an example of a “case study” of two affordable housing developments in Irvine CA, San Marcos at 64 units per acre.

San Paulo at 25 units per acre.

Both are designed to blend with nearby homes.
(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
(DRAFT – 7/11/2019)
Overview

Arlington Planning Department officials report on options for the Town to mitigate the effects of housing demolitions and housing replacements in neighborhoods.
Evidence suggests that lack of appropriate regulatory policies have led to incidences of “mcmansions” and other issues that concern neighborhood residents. This study looks at the data, the policy and regulatory options for Arlington. It also looks at how comparable nearby communities have managed similar circumstances.
This 42 page report covers a great deal of data and analysis of homes by zoning district, gaps in the effectiveness of the current regulatory structure, affects on affordability in Arlington by zoning district, information on housing prices and sales, etc.
“Best practices” include descriptions of demolition delay, expansion of local historic districts, neighborhood conservation districts, design review standards and guidelines and possible revisions to the regulatory framework in Arlington. The report also includes interesting case examples of how comparable communities near Arlington handle these issues.
This report was presented to the Arlington Select Board on July 22.
Read the complete report and see the available data and tables.
Minneapolis is the most recent governmental entity to disrupt the almost 110 year old idea of local zoning in America by overriding single family zoning. Zoning was developed in the the early 1900’s to control property rights and, in part, to limit access to housing by race. These early laws were upheld by the courts in the 1930’s and the use of zoning to control private property for the interests of the majority became common. Houston Texas did not adopt zoning, an outlier in the nation.
But recently governments are rethinking zoning in light of evidence of exclusionary practices including racism and inadequate supplies of affordable housing. In July Oregon’s legislature voted to essentially ban single family zoning in the state.
Most recently, in the end of July, Minneapolis became the first city this century to remove single family zoning, allowing two family housing units to enter any single family zone as of right. According to the Bloomberg News article, the city took action to remedy the untenable price increases do to single family homes taking a disproportionate amount of city land and services. They hope a wider range of housing, and more housing, will reduce housing costs in the future.
Read the full story from Bloomberg News.
Restrictive covenants are a “list of obligations that purchasers of property must assume … For the first half of the 20th century, one commonplace commitment was a promise never to sell or rent to an African American”. [1] These covenants gained popularity after the Supreme Court’s 1917 decision in Buchanan v. Warley.
Rothstein’s book The Color of Law mentions examples from Brookline, MA; Arlington, MA has examples of it’s own. We’ll look at one from an East Arlington deed dating to 1923. Credit to Christopher Sacca for finding these documents.
First, a land plan to establish content. Below is the subdivision plan for a farm owned by Herbert and Margaret Allen. I count a little over 200 lots in this subdivision. The plan itself states that “no single house shall cost less than $6,000 and no double house shall
cost less than $8,000″. This language also appears in the property deed.

One of the deeds from these parcels appears in book 4631 page 218 and book 4631 page 219, in the Southern Middlesex registry of deeds.
Here’s page 218; the deed begins at the bottom.

Here’s page 219. The racial covenant appears halfway down the page. It reads “No sale or lease of any said lots shall be made to colored people, no any dwelling on any said lots be sold or occupied by colored people”.

The 1920’s were a time of significant residential growth in Arlington, as farmers (called “Market Gardeners” at the time) subdivided and sold off their land. This example shows that Arlington, MA landowners employed some of the same discriminatory tactics for segregation as other communities in the United States. It would take further research to determine how common the use of such covenants was early twentieth-century Arlington.
Footnotes
[1] The Color of Law. Richard Rothstein. pg. 78