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
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
Written by Steve Revilak
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.
Written by Guest Writer
A municipality’s master plan is intended to set the vision and start the process of crafting the future of the municipality in regard to several elements, housing, history, culture, open space, transportation, finance, etc. Arlington began a very public discussion about these issues and the development of the Master Plan in 2012. In 2015, after thorough community wide discussion, the Master Plan was adopted by Town Meeting. This year, 2019, the focus is on passing Articles that will amend the current zoning bylaws in order to implement the housing vision that was approved in 2015.
Written by Steve Revilak
Some years back, I took a bus ride to a climate rally in New York City with a bunch of other activists. My seatmate was 12 years old, a smart kid from the suburbs who had never been to New York. As we approached Manhattan on the Cross Bronx Expressway, he looked out at a block of concrete apartment buildings and said something like: This is what happens when you don’t care about the environment. Actually, I replied, this is green living: People live close together; they can walk or take public transit; they live in apartments, share walls and heat and are relatively energy efficient; their carbon footprint is far lower than a family in a “green”, leafy single-family suburban house.
But my traveling companion was not altogether wrong about what he saw: New York, Boston, and every other city are now at pains to make a humane, equitable adaptation to a changing climate. We don’t want to create living spaces that bake in the sun’s heat, that have no shade or greenery or open space, surrounded by asphalt and highway, beset with deadly particulate pollution, flooding risk, and polluted stormwater runoff. Heat and air pollution are an expensive and deadly burden that fall especially heavily on low- and middle-income folks — a burden cruelly increasing with climate change.
As we decide what kinds of housing we are going to encourage in Arlington, we can do things in a more compassionate and inclusive way. We can incorporate environmental and aesthetic concerns, while allowing a mix of housing types that accommodate people of diverse incomes, family sizes, and life stages.
We can address both the climate crisis and the crisis-level housing shortage in Greater Boston. Environmental concerns are not a reason to say no to new housing. Rather, they are a part of the housing solution, in Arlington and regionally.
As Laura Wiener detailed in another post, The Housing Corporation of Arlington development at 10 Sunnyside (between Broadway and Mystic Valley Parkway, near Route 16), is an excellent example of implementing environmental/sustainability measures in an affordable (i.e. income-subsidized) multi-family dwelling. It is Passive House certified: An extremely stringent standard, using a combination of advanced and repurposed materials, high- and low-tech, to provide human comfort while bringing energy use to an absolute minimum.* The development features plentiful bike parking and a roof garden. It converts previously impervious pavement to landscaping, like planters, where stormwater can infiltrate the ground rather than carrying unfiltered pollutants into Arlington’s water bodies.
Another example of green infrastructure lives charmingly and unassumingly on some of our street corners. In 2020, Arlington installed rain gardens at the corner of Milton Street and Herbert Road in East Arlington. These little curbside oases act as a kind of green filter for storm water, catching pollutants (Fertilizer! Salt! Dog poop! Oil! Brake dust!) before they reach Alewife Brook and the Mystic River. Perhaps co-sited with new housing, wider buildout of rain gardens could keep nutrient pollution out of Spy Pond, preventing nasty algae growth which literally suffocates other aquatic life.
A caveat: We must take care not to load so many creative requirements onto new housing that it doesn’t get built at all. We need the housing. (See “The Problem with Everything-Bagel Liberalism” by Ezra Klein in the New York Times.) And under the new MBTA Zoning that we are required to implement, we must allow three-family housing in our new multi-family zones by right, i.e. without extra requirements or rigamarole.
But we could decide to add incentives to allow more housing above those requirements if such environmental improvements (rain gardens, green roofs, pollinator habitat, Passive House innovations, etc.) are included. Every new building is an opportunity for environmental adaptation. A vision for a greener, cooler, more inclusive Arlington takes shape. We can do this.
New housing development provides an opportunity to incorporate inclusive, environmentally friendly, win-win adaptations. Our environmental and housing goals must not be in tension with each other. With a coordinated approach, we can address the challenges of pollution, climate change, and our chronic and unjust housing shortage.
*As far as I can tell, only two other buildings in all of Greater Boston are Passive House certified: A new multi-family in Roxbury, and a single-family in Somerville.
Written by Charles Blandy
Prepared by: Barbara Thornton with the capable assistance of Alex Bagnall, Pamela Hallett, Patrick Hanlon, Karen Kelleher, Steve Revilak and Jennifer Susse.
As Arlington considers new zoning and other policy decisions to increase the amount of affordable housing in the town, a concern has been raised about the threat of greater costs to the Town’s budget from new people with school age children moving into the town. The concern: additional children in the public schools costs the town more than the additional new property tax revenue the Town collects from the new housing.
This post examines this concern, drawing on data from two recent housing developments, representing 283 units of housing in Arlington, to determine that actually the Town budget gains over 4.5 times the actual cost of paying for the students. According to the most recent 2020 tax bills, the Town expects to collect $1,250,370 in revenue and to spend an additional $269,589 for the new Arlington Public School students living in these developments.
The data suggests that the fear of increased school costs, overwhelming the potential new revenue from new housing construction is not warranted.
For more information, see the full post here.
Written by Barbara Thornton
Article 16 is a proposal to encourage the production of affordable housing in the town of Arlington. I brought this article to town meeting for several reasons, namely, our increasing cost of housing and our increasing cost of land. Arlington is part of the Metropolitan Boston area; we share borders with Cambridge, Somerville, and Medford, and are a mere 5.5 miles from Boston itself. Years ago, people moved out of cities and into the suburbs. That trend has reversed during the last decade, and people are moving back to urban areas, including Metro-Boston. Metro-Boston is a good source of jobs; people come here to work and want to live nearby. That obviously puts pressure on housing prices, and Arlington is not immune from that pressure.
Another reason for proposing Article 16 was my desire to start a conversation about the role our zoning laws play in the cost of housing, and how they might be used to relieve some of that burden. During the 20th century people discovered that one cannot draw a line on a map and say “upper-class households on this side, lower-class households on that side”, but one can draw a line on a map and say “single-family homes on this side, and apartments on that side”. For all practical purposes, the latter achieves the same result as the former. When zoning places a threshold on the cost of housing, it determines who can and cannot afford to live in a given area.
Today 70% of Arlington’s land is exclusively zoned for single family homes, the predominant form of housing in town. In 2013, the median cost of a single-family home was $472,850; this rose to $618,800 in 2018 — an increase of 31%. We can break this down further. The median building cost for a single-family building rose from $226,300 in 2013 to $248,100 in 2018 (an increase of 9.6%), and the median cost for a single-family lot rose from $243,700 to $360,900 (an increase of 48%). Land is a large component of our housing costs, and it continues to rise. Certain neighborhoods (e.g., Kelwyn Manor) saw substantial increases in land assessments in 2019, enough that the Assessor’s office issued a statement to explain the property tax increases. To that end, multifamily housing is a straightforward way to reduce the land costs associated with housing. Putting two units on a lot instead of one decreases the land cost by 50% for each unit.
Article 16 tries to encourage the production of affordable housing (restricted to 60% of the area median income for rentable units and 70% for owner-occupied units). It works as follows:
- Projects of six or more units must make 15% of those units affordable. This is part of our existing bylaws.
- Projects of twenty or more units must make 20% of those units affordable. This is a new provision in Article 16.
- Projects of six or more units that produce more than the required number of affordable units will be eligible for density bonuses, according to the proposed section 8.2.4(C). Essentially, this allows a developer to build a larger building, in exchange for creating more affordable housing.
- Projects of six or more units that produce only the required number of affordable units are not eligible for the density bonuses contained in 8.2.4(C).
- Projects of 4-5 units will be eligible for the density bonuses in section 8.2.4(C), as long as they are of a use, and in a zone contained in those tables. This provision is intended to permit smaller apartments and townhouses, filling a need for residents who don’t necessarily want (or may not be able to afford) a single-family home. This provision can help reduce land costs by allowing a four-unit townhouse in place of a duplex, for example.
Historically, Arlington has had mixed results with affordable housing production, mainly due to the limited opportunity to build projects of six units or more. It is my hope that the density bonuses allow more of these projects to be built.
In conclusion, the problem of housing affordability in Arlington comes from a variety of pressures, is several years in the making, and will likely take years to address. I see Article 16 as the first step down a long road, and I ask for your support during the 2019 Town Meeting. I’d also ask for your support on articles 6, 7, and 8 which contain minor changes to make Article 16 work properly.
Written by Steve Revilak
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.
Written by Guest Writer
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
******
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)
Written by Barbara Thornton