The citizen participation process including presentations, discussions, public hearings, letters and comments has been long and arduous. The issues are complicated and sometimes feelings run high. In such situations, there can be a feeling that citizens have not been heard. This document, “Guide to Zoning Amendments Related to Multifamily Uses and Mixed-Use“, summarizes many of the issues that have been raised and the changes that have been made in the zoning Articles as a result of the citizen participation in the public review process. Citizens have been heard.
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)
Interview with Aaron Clausen, AICP; City of Beverly, Director, Planning and Community Development
Rather than express generalized worry about the “lack of affordable housing”, Peabody, Salem and Beverly have created an intermunicipal Memorandum of Mnderstanding (MOU) to very specifically define and target the problem and the population they want to address.
According to Aaron Clausen, “There is a fair amount of context that goes along with the MOU, but primarily the communities got together as sort of a coalition to survey and understand what was going on relative to homelessness. What came out of that is a recognition that there is not enough affordable housing generally, and particularly transitional housing, or more specifically permanent supportive housing.
“Salem and Beverly both have shelters, however the shelters were basically serving as permanent housing (and running out of space). That won’t help someone into a stable housing situation. Anyway, this was the agreement (attached MOU) and the good news is that it has resulted in affordable housing projects; one is done in Salem for individuals and Beverly has a 75 unit family housing project permitted and seeking funding that has a set aside for families either homeless or in danger of becoming homeless.
“There is also a redevelopment of a YMCA in downtown Beverly that will increase the number of Single Room Occupancy units. I wouldn’t say that the MOU got it done by itself but it helps demonstrate a regional approach. ”
To see the actual Memorandum of Understanding between these three municipalities to address affordable housing, particularly for people who are homeless or at risk of homelessness, click HERE.
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.


Beginning last July, 2020, the Town of Arlington and community groups in the town are sponsoring a number of webinars and zoom conversations addressing the need for affordable housing programs in Arlington. Several factors contribute to the Arlington housing situation: diversity of housing types, prices, diversity of incomes, availability of housing subsidies, rapid growth in property values that greatly exceed the rate of growth of income.
But racism, both historic and current, continues to stand out as a significant force contributing to the difficult housing situation.
One of the first public discussion in the Town on this subject was organized by Arlington Human Rights Commission (AHRC) on July 8, 2020. View it here:
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.
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.
I’ve had an annual ritual for the past several years: obtain a spreadsheet of property assessments from the Town Assessor, load them in to a database, and run a series of R computations against the data. I started doing this for a number of reasons: to understand what was built where (our zoning laws have changed over time, and there are numerous non-conforming uses), the relationship between land and building values, the capital costs of different types of housing, and how these factors have changed over time.
I’d typically compile these analyses into a fact-book of sorts, and email it around to people that I thought might be interested. This year, I’m going to post the analyses here as a series of articles. This first installment contains basic information about Arlington’s low-density housing: single-, two-, and three-family homes, as well as condominiums. Condominiums are something of an oddball in this category — a condominium can be half of a two-family structure, part of a larger residential building, or somewhere in between. There’s a lot of variety.
Here’s a table showing how the number of units has changed over time, since 2013.
| land use | 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 |
|---|---|---|---|---|---|---|---|---|
| Single Family | 7984 | 7983 | 7991 | 8000 | 7994 | 7994 | 7998 | 7999 |
| Condominium | 3242 | 3304 | 3367 | 3492 | 3552 | 3662 | 3726 | 3827 |
| Two-family | 2352 | 2332 | 2308 | 2282 | 2263 | 2218 | 2183 | 2139 |
| Three-family | 207 | 201 | 196 | 194 | 193 | 190 | 185 | 182 |
Arlington’s predominant form of housing — the single family home — has stayed relatively static; we’ve added 15 over the last seven years. The number of condominiums has increased significantly: +585 over seven years. That, coupled with the reduction of two-family homes (-213) and three-family homes (-25) leads me to believe that a fair number of rental units have been removed from the market.
Next, I’d like to look at how these homes are spread across our various zoning districts. (The “Notes” section at the bottom of the post explains what the zoning district codes mean).
| Zone | Single-Family | Condo | Two-family | Three-family |
|---|---|---|---|---|
| B1 | 8 | 22 | 13 | 11 |
| B2 | 1 | 4 | 1 | |
| B2A | 1 | 18 | ||
| B3 | 59 | 4 | ||
| B4 | 1 | 59 | 5 | 5 |
| B5 | 1 | 1 | ||
| I | 8 | 18 | 7 | 1 |
| R0 | 502 | |||
| R1 | 6798 | 168 | 200 | 7 |
| R2 | 647 | 1816 | 1881 | 124 |
| R3 | 4 | 39 | 11 | 17 |
| R4 | 23 | 79 | 2 | 3 |
| R5 | 3 | 616 | 5 | 4 |
| R6 | 2 | 686 | 8 | 7 |
| R7 | 1 | 243 | 2 | 1 |
A few points to note:
- R0 is our newest district, which was established in 1991. It consists only of conforming single-family homes.
- R1 is Arlington’s original (per 1975 zoning) single-family district. It’s predominantly single-family homes, but there are a fair number of two-family homes, and even a few three-families. The presence of condominiums suggests additional multi-family homes (that consist of two or more condominiums)
- R2 is predominantly two-, and three-family homes. Although three-family homes are no longer allowed in this district, R2 has the largest number of three-families in town.
- Residential uses are no longer allowed in the industrial (I) districts, but the I districts contain 34 homes. These buildings pre-date the current zoning laws (aka “pre-existing non-conforming”). A good portion of the Dudley street industrial district is a residential neighborhood.
I’m pointing out these conformities (and non-conformities) for a reason. The zoning map (and use tables) dictate what is allowed today, along with specifying a vision for the future. Our zoning bylaw happens to contain a strong statement to this effect: “It is the purpose of this Bylaw to discourage the perpetuity of nonconforming uses and structures whenever possible” (section 8.1.1(A)). Despite the strong statement of intent, it can take decades (if not generations) for a built environment to catch up with the bylaw’s prescriptions.
I’ll finish this post with a breakdown of how condominiums are distributed across the various zoning districts:
| Zone | 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | delta |
|---|---|---|---|---|---|---|---|---|---|
| (N/A) | 14 | 15 | 0 | 0 | 0 | 0 | 0 | 0 | -14 |
| B1 | 16 | 16 | 18 | 18 | 18 | 22 | 22 | 22 | 6 |
| B2 | 2 | 2 | 2 | 2 | 4 | 4 | 4 | 4 | 2 |
| B2A | 19 | 18 | 18 | 18 | 18 | 18 | 18 | 18 | -1 |
| B3 | 55 | 55 | 61 | 59 | 59 | 59 | 59 | 59 | 4 |
| B4 | 47 | 47 | 59 | 59 | 59 | 59 | 59 | 59 | 12 |
| I | 18 | 18 | 18 | 18 | 18 | 18 | 18 | 18 | 0 |
| R1 | 140 | 144 | 146 | 148 | 150 | 154 | 162 | 168 | 28 |
| R2 | 1355 | 1406 | 1456 | 1518 | 1574 | 1670 | 1723 | 1816 | 461 |
| R3 | 22 | 25 | 28 | 31 | 31 | 37 | 37 | 39 | 17 |
| R4 | 65 | 67 | 67 | 79 | 79 | 79 | 79 | 79 | 14 |
| R5 | 616 | 616 | 616 | 616 | 616 | 616 | 616 | 616 | 0 |
| R6 | 630 | 632 | 635 | 683 | 683 | 683 | 686 | 686 | 56 |
| R7 | 243 | 243 | 243 | 243 | 243 | 243 | 243 | 243 | 0 |
The last column (“delta”) shows the difference between 2013 and 2020. The largest increase occurred in the R2 (two-family) district, followed by R6 (medium-density apartments, where most of the increase took place in 2014) and R1 (single-family).
That it will do it for the first installation. In the next post, we’ll look at how the cost (assessed values, actually) of Arlington’s low density housing has changed over the last seven years.
Here is a spreadsheet, containing the various tables shown in this article.
Notes
Arlington’s zoning map divides the town into a set of districts, and each district has regulations about what kinds of buildings and uses are allowed (or not allowed). The districts mentioned in this article are:
- B1 (Neighborhood Office district)
- B2 (Neighborhood Business distrct)
- B2A (Major Business District)
- B3 (Village Business District)
- B4 (Vehicular-Oriented Business District)
- I (Industrial District)
- R0 (Single-Family, large-lot district)
- R1 (Single-Family Distict)
- R2 (Two-Family District)
- R3 (Three-Family District)
- R4 (Townhouse District)
- R5 (Low-Density Apartment District)
- R6 (Medium-Density Apartment District)
- R7 (High-Density Apartment District)
Arlington’s Zoning Bylaw describes each district in detail (see sections 5.4.2, 5.5.2, and 5.6.2)
As the public hearings on the zoning articles proceeded in late winter and early spring, 2019, it became clear that there was a very strong sentiment that the proposed increase in density in these designated zoning districts should result in an increase in affordable housing in Arlington. This coincided with the approved 2015 Master Plan’s stated goals:
- Encourage mixed-use development that includes affordable housing, primarily in well-established commercial areas.
- Provide a variety of housing options for a range of incomes, ages, family sizes, and needs.
- Preserve the “streetcar suburb” character of Arlington’s residential neighborhoods.
- Encourage sustainable construction and renovation of new and existing structures (see ch. 5, pg 77++ for housing section)
- The Yes on 16 report supports the citizen initiated petition resulting in Article 16 and demonstrates the tremendous impact of rapidly increasing land values on the overall affordability of property in Arlington. Building a stack of homes on one footprint is far more financially affordable than creating a single home on the same footprint of land.