In 2015 Town Meeting approved the Master Plan. Following is the Housing chapter of that plan. It contains a great deal of information about details of the housing situation in Arlington, challenges of housing price increases, needs for specialty housing, opportunities for meeting these needs, etc. The authors found that “most cities and towns around Arlington experienced a significant rise in housing values from 2000 to 2010. A 40 percent increase in the median value was fairly common. However, Arlington experienced more dramatic growth in housing values than any community in the immediate area, except Somerville. In fact, Arlington’s home values almost doubled.” This and related data helps explain why the need for affordable housing is now so acute.
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(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
Data in a Mass Housing Partnership report shows how far behind the Boston metropolitan area has fallen in meeting the housing needs of its citizens. There are four primary categories for measuring the inadequacies: 1. Availability, 2. Affordability, 3. L0cation and Mobility and 4. Equitability. See the full report for more data and examples. Two slides are shown below.
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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.
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/
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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).
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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.
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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.)
The new proposal is just the most recent step in a process that reaches back almost a decade, culminating in the Master Plan (2015), the Housing Production Plan (2016) and the mixed-using zoning amendments of 2016. The Town has consistently proposed smart growth: more development along Arlington’s transit corridors to increase the tax base, stimulate local commerce, and provide more varied housing opportunities for everyone, including low and moderate income Arlingtonians. This year’s proposals are no head-long rush into change. Today’s debate is similar to the debate before Town Meeting three years ago. If anything, progress has been frustratingly slow. To realize the Master Plan’s vision of a vibrant Arlington with diverse housing types for a diverse population, we must stay the course on which we have been embarked for so long.
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!
State Representatives Dave Rogers (Arlington, Belmont and Cambridge) and Sean Garballey (Arlington, Medford) have sent a letter to Town Meeting Members backing the MBTA Communities Plan. They write:
We believe the plan in front of Town Meeting provides a meaningful framework to address the housing shortage in Arlington.
To read the full letter, click here for PDF.