Guide to Zoning Amendments

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.

(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.

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.