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
Article 1 in a series on the Arlington, MA master planning process. Prepared by Barbara Thornton
Arlington, located about 15 miles north west of Boston, is now developing a master plan that will reflect the visions and expectations of the community and will provide enabling steps for the community to move toward this vision over the next decade or two. Initial studies have been done, public meetings have been held. The Town will begin in January 2015 to pull together the vision for its future as written in a new Master Plan.
In developing a new master plan, the Town of Arlington follows in the footsteps laid down thousands of years ago when Greeks, Romans and other civilizations determined the best layout for a city before they started to build. In more recent times, William Penn laid out his utopian view of Philadelphia with a gridiron street pattern and public squares in 1682. Major Pierre Charles L’Enfant developed the hub and spoke street plan for Washington DC in 1798. City planning started with new cities, relatively empty land and a “master builder” typically an architect, engineer or landscape architect commissioned by the land holders to develop a visionary design.
In the 1900’s era of Progressive government in America, citizens sought ways to reach a consensus on how their existing cities should evolve. State and federal laws passed to help guide this process, seeing land use decisions as more than just a private landowner’s right but rather a process that involved improving the health and wellbeing of the entire community. While the focus on master planning was and still is primarily physical, 21st century master planners are typically convened by the local municipality, work with the help of trained planners and architects and rely heavily on the knowledge and participation of their citizenry to reflect a future vision of the health and wellbeing of the community. This vision is crafted into a Master Plan. In Arlington the process is guided by Carol Kowalski, Director of Planning and Community Development, with professional support from RKG Associates, a company of planners and architects and with the vision of the Master Planning advisory committee, co-chaired by Carol Svenson and Charles Kalauskas, Arlington residents, and by the citizens who share their concerns and hopes with the process as it evolves. This happens through public meetings, letters, email, and surveys. The most recent survey asks residents to respond on transportation modes and commuting patterns
We all do planning. Starting a family, a business or a career, we lay out our goals and assume the steps necessary to accomplish these goals and we periodically revise them as necessary. The same thing is true for cities. Based on changes in population, economic development, etc. cities, from time to time, need to revise their plans. In Massachusetts the enabling acts for planning and zoning are here http://www.mass.gov/hed/community/planning/zoning-resources.html. The specific law for Massachusetts is MGL Ch. 41 sect. 81D. This plan, whether called a city plan, master plan, general plan, comprehensive plan or development plan, has some constant characteristics independent of the specific municipality: focus on the built environment, long range view (10-20 years), covers the entire municipality, reflects the municipality’s vision of its future, and how this future is to be achieved. Typically it is broken out into a number of chapters or “elements” reflecting the situation as it is, the data showing the potential opportunities and concerns and recommendations for how to maximize the desired opportunities and minimize the concerns for each element.
Since beginning the master planning process in October, 2012, Arlington has had a number of community meetings (see http://vod.acmi.tv/category/government/arlingtons-master-plan/ ) gathering ideas from citizens, sharing data collected by planners and architects and moving toward a sense of what the future of Arlington should look like. The major elements of Arlington’s plan include these elements:
1. Visions and Goals http://www.arlingtonma.gov/home/showdocument?id=19829
2. Demographic Characteristics http://www.arlingtonma.gov/home/showdocument?id=19838
3. Land Use http://www.arlingtonma.gov/home/showdocument?id=19834
Working paper: http://www.arlingtonma.gov/home/showdocument?id=19825
4. Transportation http://www.arlingtonma.gov/home/showdocument?id=19830
Working paper: http://www.arlingtonma.gov/home/showdocument?id=19822
5. Economic Development http://www.arlingtonma.gov/home/showdocument?id=19837
Working paper: http://www.arlingtonma.gov/home/showdocument?id=19828
6. Housing http://www.arlingtonma.gov/home/showdocument?id=19835
Working paper: http://www.arlingtonma.gov/home/showdocument?id=19826
7. Open Space and Recreation http://www.arlingtonma.gov/home/showdocument?id=19832
Working paper: http://www.arlingtonma.gov/home/showdocument?id=19824
8. Historic and Cultural Resources http://www.arlingtonma.gov/home/showdocument?id=19836
Working paper: http://www.arlingtonma.gov/home/showdocument?id=19827
9. Public Facilities and Services http://www.arlingtonma.gov/home/showdocument?id=19831
Working paper: http://www.arlingtonma.gov/home/showdocument?id=19823
10. Natural Resources
Working paper: http://www.arlingtonma.gov/home/showdocument?id=19824
The upcoming articles in this series will focus on each individual element in the Town of Arlington’s Master Plan.
Minneapolis is the most recent governmental entity to disrupt the almost 110 year old idea of local zoning in America by overriding single family zoning. Zoning was developed in the the early 1900’s to control property rights and, in part, to limit access to housing by race. These early laws were upheld by the courts in the 1930’s and the use of zoning to control private property for the interests of the majority became common. Houston Texas did not adopt zoning, an outlier in the nation.
But recently governments are rethinking zoning in light of evidence of exclusionary practices including racism and inadequate supplies of affordable housing. In July Oregon’s legislature voted to essentially ban single family zoning in the state.
Most recently, in the end of July, Minneapolis became the first city this century to remove single family zoning, allowing two family housing units to enter any single family zone as of right. According to the Bloomberg News article, the city took action to remedy the untenable price increases do to single family homes taking a disproportionate amount of city land and services. They hope a wider range of housing, and more housing, will reduce housing costs in the future.
Read the full story from Bloomberg News.

(published June, 2019)
Overview
To solve the extraordinarily large deficit in housing for the greater Boston region, over 180,000 units of new housing should come on line in the next few years. This deficit is the result of a rapid expansion in in-migration due to new job creation, with no commensurate increase in housing production for the people taking those new jobs.
The report concludes that zoning is a primary culprit in restricting the development of an adequate housing supply, creating a “PAPER WALL” keeping out newcomers. The cost of this inadequate supply is a huge demand for housing which, in turn, bids up the price for available housing. The following “culprits” are considered: inadequate land area zoned for multi-family housing; low density zoning; age restrictions and bedroom restrictions; excessive parking requirements; mixed use requirements and approval processes. Alternative zoning models are suggested.
Elements such as “Approval Process”, “Mixed Use”, “Village Centers vs Isolated Parcels” and “Building Up or Building Out” are considered.
Researcher Amy Dain reports on two years of research into the regulations, plans and permits in the 100 cities and towns surrounding Boston. The research was commissioned by the Massachusetts Smart Growth Alliance and funded collaboratively with: Citizens’ Housing and Planning Association, Home Builders & Remodelers Association of Massachusetts, Massachusetts Association of Realtors, Massachusetts Housing Partnership, MassHousing, and Metropolitan Area Planning Council.
For the full report see: https://ma-smartgrowth.org/wp-content/uploads/2019/06/03/FINAL_Multi-Family_Housing_Report.pdf
For a power point slide presentation see: https://ma-smartgrowth.org/wp-content/uploads/2019/06/04/DainZoningMFPresentationShare2019.pdf
For the Executive Summary see: https://equitable-arlington.org/wp-content/uploads/2019/07/June-2019-Multi-Family-Housing-Report_Executive-Summary.pdf
(Barbara Thornton, Arlington and Roberta Cameron, Medford)
Our communities need more housing that families and individuals can afford. From 2010 to 2017, Greater Boston communities added 245,000 new jobs but only permitted 71,600 new units of housing. Prices are escalating as homebuyers and renters bid up the prices of the limited supply of housing. As a result, one quarter of all renters in Massachusetts now spend more than 50% of their income on housing. (It should be only about 30% of monthly gross income spent on housing costs.) Municipalities have been over-restricting housing development relative to need. The expensive cost of housing not only affects individual households, but also negatively affects neighborhoods and the region as a whole. Lack of affordability limits income diversity in communities. It makes it harder for businesses to recruit employees.
Over the last two years, researcher Amy Dain, commissioned by the Massachusetts Smart Growth Alliance, has systematically reviewed the bylaws, ordinances, and plans for the 100 cities and towns around Boston to uncover how local zoning affects multifamily housing and why local communities failing to provide enough additional housing to keep the prices from skyrocketing for renters and those who want to purchase homes.
Interested in housing affordability and why the cost of housing is increasing so dramatically to prevent average income residents from affording homes in the 100 municipalities around Boston? Arlington and Medford residents are pleased to welcome author Amy Dain to present her report, THE STATE OF ZONING FOR MULTIFAMILY HOUSING IN GREATER BOSTON (June 2019). Learn more about the so-called “paper wall” restricting production, common trends in local zoning, and best practices to increase production going forward. Learn about efforts in Medford and Arlington to increase housing production and affordable housing and how you can get involved. Thursday, July 25, 2019, 7:00 PM at the Medford Housing Authority, Saltonstall Building, 121 Riverside Avenue, Medford. (Parking is available.)
To access the full report, go to: https://ma-smartgrowth.org/wp-content/uploads/2019/06/03/FINAL_Multi-Family_Housing_Report.pdf
The Massachusetts Smart Growth Alliance, which commissioned the study, provides the following summary of the four principal findings and takeaways:
1) Very little land is zoned for multi-family housing.
For the most part, local zoning keeps new multi-family housing out of existing residential neighborhoods, which cover the majority of the region’s land area.
In addition, cities and towns highly restrict the density of land that is zoned for multi-family use via height limitations, setbacks, and dwelling units per acre. Many of the multi-family zones have already been built out to allowable densities, which mean that although multi-family housing is on the books, it does not exist in practice.
At least a third of the municipalities have virtually no multi-family zoning or plan for growth.
Takeaway: We need to allow concentrated density in multi-family zoning districts that are in sensible locations and allow for incremental growth over a larger area.
2) We are moving to a system of project-by-project decision-making.
Unlike much of the rest of the country, Massachusetts does not require communities to update their zoning on a regular basis and make it consistent with local plans. Although state law ostensibly requires municipalities to update their master plans every ten years, the state does not enforce this provision and most communities lack up-to-date plans.
Instead, the research documents a trend away from predictable zoning districts and toward “floating districts,” project-by-project decision-making, and discretionary permits. Dain found that 57% of multi-family units approved in the region from 2015-2017 were approved by special permit, 22% by 40B (including “friendly” 40B projects), 7% by use variance, and only 14% by “as-of-right” zoning.
There also seems to be a trend toward politicizing development decisions by shifting special permit granting authority to City Council and town meeting. The system emphasizes ad hoc negotiation, which in some cases can achieve a more beneficial project. Yet the overall outcome is a slower, more expensive development process that produces fewer units. Approving projects one by one inhibits the critical infrastructure planning and investments needed to support the growth of an entire district.
Takeaway: We would be better served by a system that retains the benefits of flexibility while offering more speed and predictability.
3) The most widespread trend in zoning for multi-family housing has been to adopt mixed-use zoning.
83 of out of 100 municipalities have adopted some form of mixed-use zoning, most in the last two decades. There is a growing understanding that many people, both old and young, prefer to live in vibrant downtowns, town centers and villages, where they can easily walk to some of the amenities that they want. Malls, plazas and retail areas are increasingly incorporating housing and becoming lifestyle centers.
Yet with few exceptions, the approach to allowing housing in these areas has been cautious and incremental. These projects are only meeting a small portion of the region’s need for housing and often take many years of planning to realize. In addition, the challenges facing the retail sector can make a successful mixed-use strategy problematic. Commercial development tends to meet less opposition than residential development, even in mixed-use areas.
Takeaway: We need more multi-family housing in and around mixed-use hubs, but not require every project to be mixed-use itself.
4) Despite their efforts, communities continue to build much more new housing on their outskirts rather than in their town centers and downtowns.
About half of the communities in the study permitted some infill housing units in their historic centers, but her case studies show that these infill projects are modest in scale and can take up to 15 years to plan and permit.
On the other hand, many more units are getting built in less-developed areas with fewer abutters. This includes conversion of former industrial properties, office parks, and other parcels disconnected from the rest of the community by highways, train tracks, waterways or other barriers. This much-needed housing can be isolated even when dense, and still car-dependent because of limited access to public transportation and lack of walkability.
Takeaway: We need to allow more housing in historic centers as well as incremental growth around those centers. Furthermore, we need to plan an integrated approach to growth districts so that they can be better connected to the community and the region.
by Alexander vonHoffman, Joint Center for Housing Studies, Harvard University, February 2006
The case study shows that in the 1970s the Town of Arlington completely abandoned its policy of encouraging development of apartment buildings—and high-rise buildings at that—and adopted requirements that severely constricted the possibilities for developing multifamily dwellings. Although members of the elite introduced the new approach, they were backed by rank-and-file citizens, who took up the cause to protect their neighborhoods from perceived threats.
The report outlines an intentional effort using land use and planning tools like zoning and building approvals, to exclude those with less desirable income or racial characteristics from residing in Arlington. Additional perspectives on Arlington’s exclusionary zoning efforts during this period are reported here.
It’s January 2023, and as we do every year, 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 and commercial development.
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, I’d encourage you to run as a candidate. 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 8th, 2023 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 10, 2023 at noon.
- 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 1st, and wait for the results.
Town Meeting traditionally meets every Monday and Wednesday, from 8:00 — 11:00 pm, starting on the 4th Monday in April (which is April 24th 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 I’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, and loosening restrictions on mixed-use development in Arlington’s business districts. Aside from being a rewarding experience, it’s a way to make a difference!
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)
Two weeks ago, I helped to organize a precinct meeting for residents and town meeting members. During the meeting, we got into a discussion about public open spaces, how the town funds their upkeep, and whether having more commercial tax revenue might provide additional funding for parks and recreation.
As I discussed in an earlier post, only about 5.6% of Arlington’s is zoned for commercial uses, and that limits the amount of commercial property tax revenue we can generate. Commercial property tax revenue is sometimes referred to as “CIP”, which stands for “Commercial, Industrial, and Personal”. Commercial and Industrial refer to property taxes on land and buildings that are respectively used for commercial and industrial uses. Personal tax is tax on the value of equipment that’s owned and used by a business for the purpose of carrying out whatever their business is. This could include things like desks, display fixtures, cooking equipment, fork lifts, and the like.
In 2020, Arlington’s CIP levy was 5.45%, meaning that 5.45% of our property tax revenue came from Commercial, Industrial, and Property tax revenue. Breaking this down further, 4.2% was commercial ($5,562,528 tax levy), 0.2% was industrial ($278,351 tax levy), and 1.1% was personal ($1,423,117 tax levy). The town’s total 2020 tax levy was $133,350,155. This data comes from MassDOR’s Division of Local Services, and I’ll provide more specific sources in the “References” section of this post.
A CIP levy of 5.45% is low (compared with other communities in the commonwealth), and occassionaly folks like to talk talk about how to raise it. Which is to say, we about how to raise the ratio of commercial to residential taxes. I moved to Arlington in 2007, when our CIP levy was 5.37%. This increased in subsequent years, peaking at 6.26% in 2013, and has been gradually decreasing since. Recall that 2008 was the year the housing market crashed, and the “great recession” began. The value of Arlington’s residential property fell, but the value of business properties was relatively stable in comparison. Thus, our CIP percentage got a boost for a couple of years.
Tax levies (the amount of tax collected) are a direct reflection of the tax basis (the assessed value of property). I’m going to shift from talking about the former to talking about the latter, because that will lead nicely to a discussion about property wealth. Which is to say, the aggregate value of property assessments in town.
Here’s a chart showing Arlington’s net CIP and residential property values, from 1983–2020, adjusted to 2020 dollars. (This is similar to the chart that appears on page 102 of Arlington’s Master plan, but for a longer period of time).

Generally speaking, the value of Arlington’s residential property has appreciated considerably, and there’s a widening gap between our residential and CIP assessments (in terms of raw dollars). Because the gap is so large, it’s helpful to see it on a log scale.

Viewed this way, the curvatures are generally similar, but residential property wealth is rising faster than business property wealth.
In summary, there are three reasons why our CIP is as low as it is: (1) a limited amount of land where one can run a business, (2) the value of residential property is appreciating faster than the value of business property, and (3) occasionally business properties are converted to residential (perhaps with the residential property being worth more than the former business property). That’s not to say we can’t improve the commercial tax base. We can, but we will have to think about what and where, and how to compete with a generally competitive residential market.
References
- MassDOR Division of Local Services reports
- DOR Query Tool for Municipal Property Assessments
- DOR Query Tool for Municipal Tax Levies
- Spreadsheet of Arlington Property Assessments, 1983–2020. Data obtained from MassDOR, with calculations added to adjust for inflation.
- Spreadsheet of Massachusetts Property assessments for 2020. Data obtained from MassDOR.
(Updated 7/2/2020, to add log scale graph and revise conclusion.)