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.
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from Karen Kelleher, Reporter
Interested in new policy developments on housing production in the Greater Boston area? The latest research from Mass Housing Partnership (MHP) is of interest. They just released (Dec. 18, 2019) in interactive map showing relative housing density around every mass transit and commuter rail station in the system, concluding that the region could add 235,000 units if every community allowed density as of right in the area around transit.
CHAPA has legislation pending that would require municipalities served by transit to allow higher density as of right within a certain distance from transit stations. You’ll see that the density around Alewife is not too bad in the context of the entire system.
This is mostly because of very high density in Cambridge near Alewife, but the density of two and three families in East Arlington shows better housing density than the sea of single family zoning around many commuter rail stops.
You can check it out here:https://www.mhp.net/news/2019/todex-research-brief
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/
A report by Mass Housing Partnership’s Shelly Goehring looks at Arlington’s housing development history and policies to understand how municipal action and inaction can contribute to housing inaffordability and can limit the population diversity within a community. The report implies that it has been difficult historically for reputable housing developers to work with the regulatory structure within Arlington to get housing built.
Massachusetts has the nation’s 2nd largest gap in homeownership between households of color (31% own homes) and white households (69% own homes).
See the complete report for more information.
Massachusetts’ 2020 Economic Development Bill included a set of housing choice provisions: these require communities served by the MBTA to provide a district of reasonable size where multi-family housing is allowed by right. The law gives us significant flexibility to design a district that best suits our needs, but the district must allow housing suitable for families with children, without age restrictions, and at a rate of at least 15 dwelling units per acre. Arlington is one of 175 MBTA communities in Massachusetts that share in the responsibility for meeting these requirements.
The law requires a “district of reasonable size”, but what does that mean? Throughout much of 2021 the Massachusetts Department of Housing and Community Development (DHCD) worked on a set of supporting regulations that set the district requirements according to the type of transit service a community has, the number of existing homes in the community (as of the 2020 Census), and the amount of developable land near transit stations. The specifics vary by community, but here is what the requirements mean for Arlington:
- Our district needs a capacity of (at least) 2,046 homes. This isn’t a requirement to build 2,046 additional homes; instead, it reflects the total number of homes that district might contain in the future. For example, if a parcel with a two-family home were rezoned to allow a three-family home, that single parcel would have a capacity of three.
- Our district needs to allow multi-family housing by right. “By right” means that the development only requires a building permit, where the Building Inspector determines whether the project complies with zoning and building codes. While Arlington allows multi-family housing (three or more dwellings on a single parcel) in some areas, such projects are not allowed by right.
- Our district needs to allow (at least) 15 dwellings/acre. This is more or less in line with the density of the streetcar suburbs that were built in East Arlington during the 1920s. Although portions of Arlington likely meet the density requirement, none of these areas currently comply, as they don’t allow multi-family housing to be built by right.
- Our district needs to be at least 32 acres, but it could be larger. We have flexibility here, as we’ll discuss in a moment.
- Finally, due to the lack of developable land around the Alewife T station, Arlington is free to locate its multi-family district (or districts) anywhere in town. We’re not tied to any particular geographic location.
The new law’s requirements provide Arlington with a great deal of flexibility. We’re free to place our district (or districts) anywhere in town, and we’ll be able to choose from a variety of options as long as they meet the requirements set forth above. For example, providing the capacity of 2,046 homes in the minimum district size of 32 acres would give us a density of 64 dwellings/acre; roughly the scale of mid-rise apartment buildings. On the other hand, if we went with the minimum density of 15 dwellings/acre, we’d have a 135 acre district that allowed smaller multi-family homes. Our district can be anywhere within this range; we also have the option of having multiple districts, with smaller multi-family buildings in some areas of town and larger multi-family buildings in others.
Arlington has a track record of producing thorough and comprehensive planning documents, such as our Master Plan, Net Zero Action Plan, Sustainable Transportation Plan, and Housing Production Plan. These plans contain plenty of building blocks that could be used to formulate a compliant multi-family district. Viewed in that light, the MBTA community requirements are an opportunity to meet some of the goals we’ve already set for ourselves; we just have to go about it in a way that satisfies the law’s new requirements.
Arlington has one unique consideration, which doesn’t apply to most MBTA communities. In 2020, Arlington’s Town Meeting sent a home rule petition to the state legislature, asking for permission to regulate the use of fossil fuels in new building construction; it’s an important component of our plan to become carbon-neutral by 2050. A number of other communities in the Commonwealth filed similar petitions, and the legislature responded by establishing a pilot program: ten cities and towns will be allowed to enact “fossil fuel bans”, but only if they (a) have 10% subsidized housing, (b) achieve safe harbor via compliances with an approved housing production plan, or (c) establish a multi-family district of reasonable size by February 2024. Arlington doesn’t meet the subsidized housing requirement (only 6.54% of our homes are on the subsidized housing inventory), and we’re unlikely to gain safe harbor status during the next year; our most viable path to participation hinges on meeting the multi-family requirements.
In summary, the multi-family requirement for MBTA communities creates new requirements for Arlington, while also presenting us with new opportunities: the opportunity to meet planning goals, the opportunity to meet sustainability goals (e.g., by regulating fossil fuel use in new construction), and the opportunity to reimagine how we do multi-family housing in Arlington as our town moves forward into the twenty-first century.
Massachusetts is experiencing a housing affordability crisis and a climate crisis. For these reasons, Mothers Out Front Arlington supports changes in zoning by-laws that allow greater density in housing near public transit. Mothers Out Front is supportive of the passage of a meaningful MBTA Communities Act that encourages the development of more multi-family housing and a greater diversity of home types in Arlington. A revised zoning by-law to allow for more multi-family housing will reduce pressure to build single family homes on undeveloped land elsewhere in Massachusetts. This safeguards undisturbed ecosystems and provides real alternatives to automotive commutes in the region, reducing both congestion and fossil fuel emissions. In addition, passing this by-law will allow Arlington to participate in the Massachusetts pilot for communities to build fossil fuel-free homes, thus ensuring that new construction in Arlington supports our net-zero climate goals.
Mothers Out Front Arlington respects the public engagement activities that inform the Working Group’s MBTA Communities Act proposal. We appreciate that the Working Group is working with the Town to identify opportunities for developer incentives to encourage public open spaces, mitigate heat islands, and increase the tree canopy. Similarly, the Town’s commitment to maintaining current (and incentivizing higher) zoning requirements for affordable housing also is important to our group. For these reasons, Mothers Out Front Arlington strongly urges the Arlington Redevelopment Board to accept the MBTA Communities Act plan as proposed by the Working Group.