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
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.
It’s the time of year when folks in Arlington are taking out nomination papers, gathering signatures, and strategizing on how to campaign for the town election on Saturday April 1st. The town election is where we choose members of Arlington’s governing institutions, including the Select Board (Arlington’s executive branch), the School Committee, and — most relevantly for this post — Town Meeting.
If you’re new to New England, Town Meeting is an institution you may not have heard of, but it’s basically the town’s Legislative Branch. Town Meeting consists of 12 members from each of 21 Precincts, for 252 members total. Members serve three-year terms, with one-third of the seats up for election in any year, so that each precinct elects four representatives per year (perhaps with an extra seat or two, as needed to fill vacancies). For a deeper dive, Envision Arlington’s ABC’s of Arlington Government gives a great overview of Arlington’s government structure.
As our legislative branch, town meeting’s powers and responsibilities include:
- Passing the Town’s Operating Budget, which details planned expenses for the next year.
- Approving the town’s Capital Budget, which includes vehicle and equipment purchases, playgrounds, and town facilities.
- Bylaw changes. Town meeting is the only body that can amend the towns bylaws, including ones that affect housing — what kinds can be built, how much, and where.
Town Meeting is an excellent opportunity to serve your community, and to learn about how Arlington and its municipal government works. Any registered voter is eligible to run. If this sounds like an interesting prospect, we encourage you to run! Here’s what you’ll need to do:
- Have a look at the town’s Information for new and Prospective Town Meeting Members.
- Contact the Town Clerk’s office to get a set of nomination papers. You’ll need to do this by 5:00 PM February 12th, 2025 at the latest.
- Gather signatures. You’ll need signatures from at least ten registered voters in your precinct to get on the ballot (it’s always good to get a few extra signatures, to be safe).
- Return your signed nomination papers to the Clerk’s office by February 14, 2025 at 5:00 PM.
- Campaign! Get a map and voter list for your precinct, knock on doors, and introduce yourself. (Having a flier to distribute is also helpful.)
- Vote on Saturday April 5th, and wait for the results.
Town Meeting traditionally meets every Monday and Wednesday at 8:00 PM, starting on the 4th Monday in April (which is April 28th this year), and lasting until the year’s business is concluded (typically a few weeks).
If you’d like to connect with an experienced Town Meeting Member about the logistics of campaigning, or the reality of serving at Town Meeting, please email info(AT)equitable-arlington.org and we’d be happy to make an introduction.
During the past few years, Town Meeting was our pathway to legalizing accessory dwelling units, reducing minimum parking requirements, loosening restrictions on mixed-use development in Arlington’s business districts, and adopting multi-family zoning for MBTA Communities. Aside from being a rewarding experience, it’s a way to make a difference!
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.
The City of Somerville estimates that a 2% real estate transfer fee — with 1% paid by sellers and 1% paid by buyers, and that exempts owner-occupants (defined as persons residing in the property for at least two years) — could generate up to $6 million per year for affordable housing. The hotter the market, and the greater the number of property transactions, the more such a fee would generate.
Other municipalities are also looking at this legislation but need “home rule” permission, one municipality at a time, from the state to enact it locally. Or, alternatively, legislation could be passed at the state level to allow all municipalities to opt into such a program and design their own terms. This would be much like the well regarded Community Preservation Act (CPA) program that provides funds for local governments to do historic preservation, conservation, etc.
This memorandum from the City of Somerville to the legislature provides a great deal of information on the history, background and justification for such legislation.
House bill 1769, filed January, 2019, is an “Act supporting affordable housing with a local option for a fee to be applied to certain real estate transactions“.
COMMENT:
KK: This article suggests Arlington may be likely to pass a real estate transfer tax: https://www.counterpunch.org/2019/12/19/boston-one-step-closer-to-a-luxury-real-estate-transfer-tax/
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.
For Arlington’s Nov 2020 Special Town Meeting, my colleague Ben Rudick filed the following warrant article:
ARTICLE 18: ZONING BYLAW AMENDMENT/IMPROVING RESIDENTIAL INCLUSIVENESS, SUSTAINABILITY, AND AFFORDABILITY BY ENDING SINGLE FAMILY ZONING
To see if the Town will vote to amend the Zoning Bylaw for the Town of Arlington by expanding the set of allowed residential uses in the R0 and R1 zoning districts with the goal of expanding and diversifying the housing stock by altering the district definitions for the R0 and R1 zoning districts; or take any action related thereto.
(Inserted at the request of Benjamin Rudick and ten registered voters)
The Inspiration
Our goal with Article 18 is to allow two-family homes, by right, in two districts that are exclusively zoned for single-family homes. This is similar to what city of Minneapolis and the state of Oregon did in 2019. The motivations fall into three broad categories: the history of single-family zoning as a mechanism for racial segregation, environmental concerns arising from car-oriented suburban sprawl, and the regional shortage of housing and its high cost. We’ll elaborate on these concerns in the following paragraphs, and end with a proposed main motion.
Single-family zoning as a mechanism for racial segregation. Single-family zoning began to take hold in the United States during the 1920’s, after the Supreme Court declared racially-based zoning unconstitutional in 1917. Secretary of Commerce Herbert Hoover encouraged cities and towns to adopt single-family zoning ordinances, effectively substituting segregation based on race with segregation based on economic status. The idea was furthered by the Home Owners Loan Corporation of America’s (HOLC’s) redlining maps (created between 1935 and 1940), and the Federal Housing Administration’s (FHA’s) mortgage insurance policies from 1934–1968. The HOLC designated areas with black populations as “hazardous” and actuarially risky, and the FHA used these maps when making underwriting decisions. In short, the FHA was in the business of underwriting loans to white home buyers in white neighborhoods.
Of Arlington’s 7,998 single-family homes, 4,080 (51%) were built during 1934–1968 (per Arlington Assessor’s data). The FHA was the primary mortgage underwriter during this time, and we believe it is reasonable to expect that a substantial number of these homes were originally purchased with FHA mortgages. Put another way, most of our single-family housing was likely built according to FHA guidelines of “avoiding inharmonious mixing or races”, aka segregation. Arlington’s population was 99% white in 1970 and even higher during previous decades. We certainly met the criteria of being a white community.
We believe it’s important to recognize this history, and to have a conversation about how we might restore a balance of fairness.
Environmental concerns. When compared with their multi-family counterparts, single-family homes are less energy efficient, more land intensive, and are associated with higher carbon emissions due to ransportation. Car transportation is a useful analogy; having everyone drive in their own car is more carbon-intensive than carpooling (two-family homes), which in turn is more carbon-intensive than taking the bus (3+ unit buildings). Maps created by Berkeley’s Cool Climate Project show this in a clear way: per household carbon emissions are lower in urban areas than they are in the surrounding suburbs. (Note that authors of the Berkeley report do not advocate getting rid of suburbs, but they do state that suburbs will require different carbon reduction strategies than urban areas).
We believe it is more environmentally responsible to build additional homes on sites that are already developed, rather than (say) going out to the suburban fringes along route 495 and clearing half-acre lots. If we do not provide ample housing within Arlington and other inner-ring suburbs, new workers will likely live further out and have longer, more carbon-intensive commutes. Climate change is a crisis, and our response must involve changing how we live, and that includes ending the twentieth-century pattern of suburban sprawl.
The shortage and high cost of housing. Since 2010, the fifteen cities and towns in the Metro Mayor’s coalition have added 148,000 jobs and 110,000 new residents, but have only permitted 32,500 new homes; this has added to a housing shortage that’s been growing for decades. The imbalance between supply and demand has contributed to rising prices and a very hot market. In 2019, the median sale price for homes in Arlington was $821k. We do not expect construction to be a complete solution to Arlington’s housing costs, but we do believe it is a necessary step in meeting rising demand and counteracting rising costs.
Article 18 is most likely to influence the cost of newly-constructed homes. Newly-constructed single-family homes typically sell in the $1.2M–1.5M range while condominiums in new duplexes typically fall into the $800k–1.1M range. These duplex units are not cheap, but they offer a price point roughly four hundred thousand dollars less than new single-family homes.
We also believe our proposal directly addresses three concerns raised by last year’s multi-family proposal (aka 2019 ATM Article 16):
- Concentration. Last year’s proposal would have concentrated new housing around the town’s business corridors, and Massachusetts Avenue in particular. Article 18 will spread new housing across the majority of the town, as 60% of Arlington’s land area (and 80% of its residentially-zoned land) is currently zoned exclusively for single-family homes (figures provided by Arlingtons Department of Planning and Community Development).
- Height and Shadows. Last year’s proposal would have allowed taller buildings along the commercial corridors; there were concerns about increased height, and the shadows new buildings might cast. Article 18 makes no changes to our zoning bylaw’s dimensional regulation; homes built under this bylaw could be no larger than homes we already allow, by right.
- Displacement. Last year’s proposal drew concerns that businesses and apartment renters would be displaced by new construction. Article 18 applies to districts that are exclusively zoned for single-family homes. 95% of our single-family homes are owner-occupied, and can only be rebuilt or renovated with the owner’s consent. We believe this minimizes any risk of displacement.
Finally, we expect the board will be interested in the number of homes that might be added under this proposal, and the potential impact on the school system. We’ll attempt to address those questions here.
Arlington’s report on Demolitions and Replacement Homes states an average of 27 rebuilds or substantial renovations per year, averaged over a ten year period. For the purpose of discussion, we expect the number of new homes added under this proposed bylaw change to be somewhere between half and double that amount, or 14–54 homes/year. Arlington has 7,998 single-family homes so this is a replacement rate well under 1%/year. It will be nothing like the 500 new homes/year that Arlington was building during the 1920s.
Assessing the impact on the school system amounts (in part) to estimating the number of new school students created by the addition of 14–54 homes/year. One can conceivably see this playing out according to three scenarios. Scenario 1 is simply “by the numbers”. The Housing section of Cambridge’s Alewife District Plan estimates one new student for every 17 new homes (see pg. 145), and the economic analysis of Arlington’s industrial districts gives a net increase of one new student for every 20 new condominiums (see slide 49). Both work out to an increase of 1–3 students per year for the addition of 14–54 homes. This is substantially smaller than past enrollment growth, and something the schools should easily be able to handle.
Second, one could imagine a scenario where elementary school enrollment is in modest decline, as students who entered Arlington public schools in the middle of the last decade move on to middle and high school. Here, new elementary students would utilize existing classroom space, which was created to accommodate students that came before them. It’s a scenario where enrollment stabilizes and doesn’t increase much.
Third, one could picture a scenario where any new home is immediately filled with children. Under this assumption it’s likely that any turnover of single-family homes or suitably-sized condominiums would attract families with children. With 7,998 single-family homes, there is little to prevent another demographic turnover from causing another increase in school enrollment, even if Arlington never adds a single additional home.
In summary, the effects on school enrollment are not easy to predict and several outcomes are possible. Ultimately, this will depend on Arlington’s attractiveness to young families, and our ability to retain these families once their students graduate from school.
Our Proposal to the Arlington Redevelopment Board
We propose that the Zoning Bylaw of the Town of Arlington be amended as
follows:
- By adding the letter “Y” to the “Use Regulations for Residential Districts” table in Section 5.4.3, in the row labeled “Two family dwelling, duplex”, and under the columns labeled “R0” and “R1”;
- By adding the letters “SP” to the “Use Regulations for Residential Districts” table in Section 5.4.3, in the row labeled “Six or more units in two-family dwellings or duplex dwelling on one or more contiguous lots”, and under the columns labeled “R0” and “R1”,
| Class of Use | R0 | R1 | R2 |
| Two-family dwelling | Y | Y | Y |
| Six or more units in two-family dwellings or duplex dwelling on one or more contiguous lots | SP | SP | SP |
and, by making the following changes to the definitions of the R0 and R1 districts in Section 5.4.1(A):
R0: Large Lot Single-FamilyResidential District. The Large Lot Single-FamilyResidential District has the lowest residential density of all districts and is generally served by local streets only. The Town discourages intensive land uses, uses that would detract from the single-family residential character of these neighborhoods, and uses that would otherwise interfere with the intent of this Bylaw.
R1: Single-FamilyR1 Residential District. The predominant uses in R1 are single- and two-family dwellings and public land and buildings. The Town discourages intensive land uses, uses that would detract from the single-family residential character of these neighborhoods, and uses that would otherwise interfere with the intent of this Bylaw.
Related Materials
Our Redevelopment Board Hearing
We presented Article 18 to the redevelopment board on Oct 26th. You can watch the presentation below.
The Redevelopment Board did their deliberations and voting two days later, on October 28th. Their report is available from the Town website.
At least three members of the board were supportive of the effort, but they ultimately voted to recommend this action. I attribute the no action vote to two factors. First, in January 2020 the Redevelopment board agreed to perform a public engagement campaign, to educate residents on housing issues facing the town, and to gather input on how those issues could be addressed. The public engagement effort hasn’t started yet (mainly due to the pandemic), and the board was hesitant to recommend favorable action without doing an outreach campaign first.
Second, the board was interested in attaching standards to single- to two-family conversions, and didn’t feel there was enough time in this town meeting cycle to devise an appropriate set of standards. They were interested in design requirements and collecting payments to an affordable housing trust fund. Standards are interesting idea, and worthy of further consideration. For my own taste, I’d be more inclined to ask for performance standards that tied in to Arlington’s Net Zero Action plan.
So, we are going to take the ARB’s feedback, work on the idea some more, and resubmit during a future town meeting.
by Annie LaCourt
One of the concerns people have about the current MBTA Communities zoning proposal is the effect that the increase in housing will have on the town’s budget. Will the need for new services make demands on our budget we cannot meet without more frequent overrides? Or will the new tax revenues from the new buildings cover the cost of that increase in services?
The simple answers to these questions are
- No: It will not make unmanageable demands on the budget; and
- Yes: the new tax revenue from the multi-family housing anticipated will cover the costs of any new services required.
Adopting the current MBTA Communities zoning proposal may even slow the growth of our structural deficit, as I will show in more detail using as examples some of the more recent multi-family projects that have been built in Arlington.
How Does Our Budget Work and What is the Structural Deficit?
First, some basic facts about finance in Arlington: Like every other community in Massachusetts, Arlington’s property tax increases are limited by Proposition 2.5 to 2.5% of the levy limit each year. What is the levy limit? It’s all of the taxes we are allowed to collect across the whole town, without getting specific approval from the Town’s voters. For FY 23 the levy limit is $135,136,908. $3,271,996 of that is the 2.5% increase we are allowed under the law. But also added to that is $1,202,059 of new growth, which comes from properties whose assessment changed because they were substantially improved–either renovated or by increasing capacity. When we reassess a property that has a new house or building on it, we are allowed to add the new taxes generated by the change in value of the property to the levy limit.
Property taxes make up approximately 75% of the town’s revenue. So – except for new growth – that means that the bulk of our budget can only grow 2.5% a year. Other categories of income like State Aid have a much less reliable growth pattern. If the state has a bad fiscal year, our state aid is likely to remain flat or decrease.
Expenses
On the expense side, our default is a budget to maintain the same level of services year to year. We cap increases in the budgets of town departments by 3.25% and the school budget by 3.5%, save for special education costs which are capped slightly higher.
We also have several major categories of expense that are beyond our control that increase at a greater rate than 2.5%. These include, among other things, funding our pension obligations, health insurance costs and our trash collection contract.
Structural Deficit
This difference between the increase in revenues and the increase in costs is the structural deficit. It’s structural because we can’t cut our way out of it without curtailing services severely and we can’t stop paying for things like pensions and insurance that are contractual obligations.
The question of how MBTA communities zoning will affect this is crucial. So let’s take a deeper dive, first on revenue and then on expenses.
How Will MBTA Communities Affect New Growth?
How MBTA-C zoning will affect new growth depends on what gets built and at what rate. Let’s consider some real world examples:
882 Mass Ave. used to be a single story commercial building. It was assessed at $938,000 and the owner paid approximately $9,887 in taxes annually. It has been rebuilt as a mixed use building with commercial space on the ground level and 22 apartments on 4 floors above. The new assessment is approximately $4,800,000 and the new tax bill is about $54,000.00. That means $45,000 in new growth – new property taxes that will grow at the rate of 2.5% in subsequent years.
Another example is 117 Broadway. The building that used to be at that address was entirely commercial, assessed at $1,050,000 and paid around $11,770 in taxes annually. After being rebuilt as mixed use by the Housing Corporation of Arlington, it is assessed at $3,900,000 and taxed at $43,719. 117 Broadway has commercial on the ground floor and 4 stories of affordable housing above. The new growth for this example is approximately $30,000.
What these examples show, and our assessor believes is a pattern, is that a new mixed use or multi-family building increases the taxes we can collect by as much as 400%, depending on the kinds of housing units.
So we can expect new development under MBTA Communities to increase the levy limit substantially over time, reducing the size and frequency of future tax increases.
How Will This New Housing Affect the Cost of Services?
Of course, with new residents comes a need for additional services. However, town-provided services will be impacted differently. Snow and Ice removal, for example, will not be affected at all – we aren’t adding new roads. Many other services provided by public works are like snow and ice: They would only increase at a faster rate if we added more land area or more town facilities to the base.
Services like public safety and health and human services may see gradual increases in service requests, as more people place more demand on these departments. Right now we have a patrol officer for every 850 or so residents. This means we might need to add a new patrol officer if the population increases by 850 residents. But it’s not clear that a new officer would be needed; it depends on the trends the police department sees in their data. I think of these services as increasing by stair steps: Adding a few, or even a few hundred, residents doesn’t require us to add staff to provide more services. Adding a few thousand might mean we need to add a position but we will have added a great deal to the levy limit before we need to add those positions.
Trash Collection Impact
There is one town service that sees an impact every time we add a new unit of housing – trash collection. The town spends approximately $200 per household on solid waste collection and disposal. As mentioned above, 882 Broadway has 22 new 1 bedroom and studio apartments. When that building was all commercial the businesses paid privately for trash removal. The new trash collection costs will be at least $4,400 annually. It’s possible, however, that the building will need a dumpster and that could cost up to $20,000 annually. Either way the new revenue ($45,000) outstrips the increased costs. The town is working on creative solutions for new buildings to keep this cost as affordable as possible.
What About Schools?
Regardless of new housing construction, our student population ebbs and flows. Families move in with small children who go through the school system. The kids graduate high school but their parents, now in their 50’s or 60’s, don’t move until they are much older and need a different living situation. When they sell their homes, the new owners are likely to be families with children again. We can see a pattern of boom and bust in our school population if we look back. Right now, we are seeing a drop in elementary population as this cycle plays out again. We now have 221 fewer students enrolled in the elementary schools than we did in 2019.
We account for this ebb and flow in the budget. A number of years ago, we set a policy to add a growth factor to the school budget. We increase the budget by 50% of per pupil costs for each new student. Currently that is $8800.00 per student. But the policy works in reverse as well. We reduce the budget by the same amount per child as the student population wanes. We also see increased state aid under chapter 70 when our student population grows and may see reductions if it shrinks.
Will Multifamily Homes Add Students?
The new multi-family housing generated by MBTA communities zoning may add students to our schools – but not as many as you might think. Other large multi-family developments like the Legacy apartments and the new development at the old Brigham site have not added a lot of children to the schools directly. Going back to our two example buildings, 882 Mass Ave is all studio and 1 bedroom units, so we are unlikely to see children living there. Our MBTA communities zoning, however, must by law allow new housing that is appropriate for families. So for planning purposes, it’s best to assume we will see growth in the school population.
So what will the effect of this new housing be on the school population and our budget? Given that the new housing will be built gradually, it’s more likely to stabilize our student population than precipitously increase it. The same will be true for our budget: We will see some increases in the school budget growth factor but also increases in state aid and increases in tax revenue from the new construction.
Conclusions
If we create an MBTA communities zone per the working groups recommendation or something close to that, we will see the effect on our budget over time, not immediately. Even if the zone has a theoretical capacity of 1300 additional units (total capacity minus what is already there) the development of new housing won’t be abrupt. For budget purposes, we project our long range plan five years into the future.
When we get to a year, say FY 2023, the actual state of our budget never looks exactly like the projection created five years earlier. We cannot predict the future very far out. What we can do is look back and see what the effects of previous development have been on our budget, and we can assess the risks of our decisions. Experience tells us that multi-family development doesn’t break the budget or swamp the schools, even when the developments are large. It also tells us that turnover in the population causes ebbs and flows in the school population, regardless of new development. We can say with certainty that multi-family development increases our revenues through new growth, and that past experience has been that that new growth mitigates the need for overrides.
My conclusion is that the new development that will occur if we create a robust zone that allows multi-family development by right, will at worst give us growth in our revenues that keeps pace with any increase in services we need. At best, those new revenues will outstrip the growth in expenses and help mitigate our structural deficit. The risk of allowing this new growth is low, and the rewards are worth it, in the form of new missing middle housing, climate change mitigation, and vibrant business districts fueled by new customers nearby.
(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