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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
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.
In 2018, the planning department released a study of Demolitions and replacement homes. Page 4 contains a bar chart showing the relative sizes of Arlington’s zoning districts:
The folks in Arlington’s Department of Planning and Community Development were kind enough to provide me with a copy of the underlying numeric data. I’ll present that shortly, but for the moment, I’d like to make a proposition about zoning maps: that they are budgets given in acres rather than dollars. A zoning map takes a finite pool of resources (land) and allocates it among specific set of concerns (land uses).
Here’s the size of each district, along with the percentage of land that it accounts for.
Zone | District Name | Acres | %total |
B1 | Neighborhood Office | 25.89 | 0.79% |
B2 | Neighborhood Business | 16.92 | 0.52% |
B2A | Major Business | 22.48 | 0.68% |
B3 | Village Business | 28.43 | 0.87% |
B4 | Vehicular Oriented Business | 29.91 | 0.91% |
B5 | Central Business | 10.48 | 0.32% |
I | Industrial | 48.96 | 1.49% |
MU | Multi-use | 18.26 | 0.56% |
OS | Open Space | 270.99 | 8.25% |
PUD | Planned Unit Development | 16.16 | 0.49% |
R0 | Large Lot Single-Family | 237.85 | 7.24% |
R1 | Single-family | 1,777.64 | 54.14% |
R2 | Two-family | 619.66 | 18.87% |
R3 | Three-family | 8.25 | 0.25% |
R4 | Townhouse | 19.49 | 0.59% |
R5 | Low-density Apartment | 63.76 | 1.94% |
R6 | Medium-density Apartment | 49.10 | 1.50% |
R7 | High-density apartment | 18.65 | 0.57% |
T | Transportation | 0.76 | 0.02% |
TOTAL | 3283.65 | 100.00% |
I’m going to roll these up into four categories
- Residential (the “R” districts)
- Commercial (the “B” and “I” districts)
- Open space (the “OS” district)
- Other (the MU, PUD, and T districts)
Use | Acres | % total |
Commercial | 183.08 | 5.58% |
Residential | 2794.40 | 85.10% |
Open Space | 270.99 | 8.25% |
Other | 35.18 | 1.07% |
Total | 3283.65 | 100.00% |
I’d like to point out several things about this summary.
First, 85% of Arlington’s land is residential and 61% is exclusively set aside for single-family homes. When our zoning laws were re-written in the mid-1970’s two substantial goals were (1) limiting the potential for population growth, and (2) making Arlington a “traditional family town” (which I interpret to mean “a place for families with children”). The preference for single-family homes has arguably made those goals easier to achieve; single-family homes mean fewer homes per lot, and they offer enough floor space and bedrooms for families with children. I think we’ve met those objectives. Arlington’s population dropped from 54,000 in 1970 to around 45,000 today, we have well-respected public schools, and our single-family homes have a lot of utility for growing families. We’re a great town for raising kids. Our residential taxes are can be high, but I’d argue this is a design feature rather than a defect.
Second, 8.25% of our land is “Open Space”, aka “parcels under the jurisdiction of the Park and Recreation Commission, Conservation Commission, Arlington Redevelopment Board, Massachusetts Department of Conservation and Recreation, or Massachusetts Bay Transportation Authority (MBTA)”. It’s public land, and it’s a great asset. For better or worse, our Opens Space districts generate no tax revenue.
Third, 5.6% of the town’s land is zoned for commercial use. This is the set of land and buildings that can make up Arlington’s commercial tax base. When I moved to town in 2007, our commercial tax base was 5.4%; that figure increased for a few years (after the 2008 recession), eventually settling back down to 5.4% in 2019. With 5.6% of land zoned commercially, a 5.4% commercial tax base doesn’t strike me as unreasonable. I suspect the goal was to have enough businesses to provide local amenities, but without turning the town into a commercial center.
Finally, the “Other” category can be divided up three ways:
- The Multi-Use district is the former site of the Symmes hospital. It used to be known as the Hospital District, and is currently home to Arlington 360, a large apartment complex.
- The Planned Unit development district is also know as the Mugar Property. In the early 1980’s, David Mugar tried to develop it as office and retail space. Today, Oaktree Development is petitioning to develop the site as apartments and townhouses.
- Finally, the Transportation district is “bus terminals, open space, and the Minuteman Bikeway”; it’s a very small portion of the town’s land.
So that’s our land budget: 85% residential, 8.25% public open space, 5.6% commercial, and 1% other. This is a preference for how the land is used, and a preference for how the local government is funded (Arlington’s main source of income is property taxes).
A common budgeting exercise is to take an existing breakdown and ask “what if we allocated things differently”? For the sake of discussion, let’s say we wanted 50% of the town to be Open Space (i.e., publicly-owned and publicly-accessible green space). This might be driven by a desire for more trees and wooded areas, better stormwater management, climate resilience, heat island reduction, and so on. The conceptual change is easy: take half the town, pick it up, and set it down on the other half. Done [1].
Stacking half the town on top of the other means we’d have enough room to fit all of the homes and businesses that we currently have. The buildings would be taller, there’d likely be far fewer single-family homes, and there’d be a ton of green space. As with any budget, there’s a tradeoff.
Or suppose we wanted to increase the town’s commercial tax base. This topic surfaces from time to time, particularly when the first set of property tax bills goes out during a fiscal year. Commercial property taxes are assessed in much the same way as residential: the assessments are based on the value of land and buildings; dollars and square feet [2]. One can increase dollars (i.e., when a commercial property is sold above its assessed value), one can increase square feet (by allowing larger buildings, or allowing some non-commercial land to take on commercial uses), or one can try to find a way to reduce the total assessed value of residential properties. If none of those choices are appealing, then you probably won’t get a higher commercial tax base. Again, budget tradeoffs.
In conclusion, my goal has been to get people thinking about Zoning Maps as a form of budget. Arlington’s capital and operating budgets have changed over time, as has our zoning map. I’d like us to think of what we might do differently in the future.
[1] In reality, the implementaton details would probably be hideously complex; but the concept is simple.
[2] There’s also a “Personal” component to commercial taxes, which involves equipment and supplies used in conducting a business. This is mere sliver of Arlington’s total tax revnue.
by Anson Stewart
Last year, the New York Times published The Climate Impact of Your Neighborhood, Mapped. This interactive feature shows that across the country, carbon emissions per household tend to be lower in relatively dense, walkable, and transit accessible areas. Compared to nearby communities like Winchester, Lexington, and Belmont, the average household in Arlington is responsible for much lower carbon dioxide-equivalent (CO2e) emissions. Allowing more housing along Mass Ave and Broadway, as proposed by the town’s MBTA Communities Working Group, would enable more households to live in these lower-emissions neighborhoods and could be a meaningful step toward reducing driving and Massachusetts’ climate impact.
Zoning Artificially Limits Housing Supply
As noted in the NYT feature above, “For many people today, it is often easier and cheaper to find a home in a high-emissions community than a lower-emissions one… Many cities and local governments often artificially limit the amount of denser or transit-friendly housing available, particularly in wealthier neighborhoods, through zoning that favors single-family homes or requirements around minimum lot sizes and parking spaces.” Zoning restrictions from the 1970s severely constrain housing capacity along the corridors that help reduce climate impacts in Arlington. Those restrictions push families out to places where people drive more to meet their daily needs.
Driving (VMT) is the Largest Source of Massachusetts’ Climate Emissions
Cars are mind-bogglingly detrimental to our climate. According to the Massachusetts Clean Energy and Climate Plan for 2025 and 2030, “Transportation is the largest source of GHG emissions in the Commonwealth, responsible for 42% of statewide GHG emissions as of 2019… Emissions in the transportation sector have stagnated despite state and federal vehicle emissions standards that have gradually increased the fuel efficiency of vehicles. One major cause of increased emissions is the considerable increase in total statewide vehicle miles travelled (VMT) over the past 30 years.” Even as electric vehicles proliferate, the carbon intensity of our grid means driving will have a substantial climate impact, and reducing VMT must be a primary strategy.
The NYT analysis uses nationally available survey and expenditure data, so income and other effects may confound the estimates of transportation emissions. Massachusetts has a unique dataset that allows measuring driving emissions much more directly – the Massachusetts Vehicle Census (mentioned in the town Working Group report).
For each municipality, dividing the daily mileage driven (of cars registered there) by the population yields vehicle miles traveled (VMT) per capita, which varies widely in the Boston region. For example:
- Cambridge: 8 miles per person per day
- Somerville: 11
- Arlington: 14
- Boston: 14
- Belmont: 14
- Medford: 15
- Lexington: 16
- Winchester: 17
- Waltham: 17
- Woburn: 24
Thanks to Arlington’s walkable neighborhoods and transit access, our per capita VMT is lower than many nearby communities, and even on par with the City of Boston!
If Not Arlington, Then Where?
As a thought experiment, consider a climate-conscious family of four who wants to buy a condo in one of the communities above. If they can’t afford Cambridge, Somerville, or Arlington (where 2023 YTD median condo sale prices were $910k, $855k, and $810k respectively), they might consider Waltham or Woburn ($615k and $638k, respectively), or even Winchester or Lexington ($795k and $798k).
Lexington in particular might be appealing, especially as their Town Meeting recently adopted MBTA Communities zoning that allows much more multifamily housing than the minimum required (see the Lexington Cluster Housing Study Group materials in support of meaningful new housing supply). But even with that new capacity, the pace of development will be slow and most of the transportation “bones” of Lexington will be fixed. It is generally less transit accessible than Arlington, and all else equal, the family would likely end up driving more than if they lived in Arlington.
Assuming the average VMT per capita figures above, a family of four would end up driving an additional 2,920 miles per year living in Lexington versus Arlington. Assuming 30 mpg fuel efficiency and 8.9 kg CO2e per gallon of gas, the incremental emissions from this one family would be 865 kg of CO2e, equivalent to the annual carbon sequestered by six half-century-old red oak trees (according to Forest Service data here).
If this family moved to Woburn instead of Arlington, the incremental annual driving would be 14,600 miles. Associated emissions would be over 4.3 metric tons, equivalent to the annual carbon sequestered by 32 of those red oak trees.
Extrapolating These Emissions
How does this example of one family relate to the level of development Arlington might see from MBTA Communities zoning updates? The Working Group’s proposal had a nominal capacity of just over 7,000 housing units in an area that currently has about 2,100. The ARB recommendation to Town Meeting cuts the nominal capacity to around 3,400, for a possible net change of around 1,300 units theoretically allowed. Recent estimates (following the approach here) suggest that this capacity might result in 100 to 300 new housing units built in Arlington by 2033.
If new units enable 250 families like the one above to live in Arlington instead of Woburn, these back-of-the-envelope calculations suggest the avoided annual emissions from VMT reduction would be over 1,000 metric tons CO2e in the year 2033.
Of course these are rough estimates, and the actual climate impact will depend on wider development trends, grid decarbonization, MBTA service, and the details of the zoning that Town Meeting adopts later this month. Low parking requirements (as originally proposed by the Working Group) and robust transportation demand management could help strengthen the climate change mitigation potential of Arlington’s MBTA Communities zoning update. On the other hand, further reductions in Arlington’s multifamily housing capacity would exacerbate emissions. Those concerned about reducing our collective climate impact should take note.
In the past few weeks, a number of highly respected Arlington organizations have come out in support of the MBTA Communities Plan. Here are a few. We will continue to update this list as it grows.
Greater Boston Interfaith Organization
This week the Greater Boston Interfaith Organization’s Arlington members released a letter of support, stating:
Arlington GBIO members support the Arlington Redevelopment Board’s proposal for the Article 12 of the Fall 2023 Special Town Meeting (MBTA Communities Overlay District) to enact changes in Arlington’s zoning by-laws that will allow for more multi-family housing to be built by right. We support an article that goes beyond the minimum capacity required by law in order to encourage the construction of a meaningful number of additional homes of various sizes beyond the number already present in Arlington.
Arlington Chamber of Commerce
The Arlington Chamber of Commerce sent a letter supporting the MBTA Communities Plan on October 2, saying:
The Arlington Chamber of Commerce believes that the MBTA Working Group’s proposal presents a strong plan for both housing and commercial growth. Arlington’s existing and future small businesses will benefit from an increased customer base and foot traffic resulting from additional housing units.
Division of Diversity, Equity and Inclusion
Arlington’s Division of Diversity, Equity and Inclusion wrote to the Arlington Redevelopment Board in support of the MBTA Communities Plan:
The DEI Division would like to formally voice our support for the Working Group’s effort to create a zoning plan that would allow for more multi-housing opportunities at varied price points across Arlington. Only 9% of Arlington’s land is devoted to multifamily housing, and even where building multi-family housing is allowable, it is not permitted by right. This does not provide suitable conditions for a range of housing types to exist. The current price point of homes in Arlington are far beyond the reach of most residents, regardless of their status as a member of a protected class. stating:
Read the full letter. [PDF]
Clean Energy Future Committee
The Clean Energy Future Committee said passage of the MBTA Communities Zoning was crucial because:
Passage of the MBTA Communities zoning amendment at this fall’s Special Town Meeting is the only viable pathway for Arlington to participate in the State’s Fossil Fuel Free Demonstration Program (Demonstration Program), which would allow implementation of the Clean Heat bylaw and home rule petition passed overwhelmingly by Arlington Town Meeting in 2020. Participation in the Demonstration Program will allow the Town to prohibit the installation of natural gas, oil, propane, and other fossil fuel infrastructure in new buildings and major renovations. Town Meeting sent a clear message in 2020 that enacting the Fossil Fuel Bylaw was a priority, and we–the CEFC, Town administrators, and elected and appointed bodies–have an obligation to act upon that priority; passage of the MBTA Communities zoning amendment is an essential step to carrying out the will of Town Meeting.
Mothers Out Front
As we previously reported, the Arlington chapter of Mothers Out Front supports the MBTA Communities Plan, writing:
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.
A recently constructed project with 44 units of affordable housing shares a footprint with a new public library in this Chicago neighborhood. The Mayor and the Housing Authority initiated a competition for proposals from architecture firms to build projects that feature the “co-location” of uses, “shared spaces that bring communities together”, according to a recent article by Josephine Minutillo in ARCHITECTURAL RECORD (October 2019).
This project is an excellent example of how a municipal policy (increasing affordable housing) can drive creativity to meet policy goals. This project resulted from a combination of publicly owned land, municipal initiative, a quasi public housing agency expertise and a private architecture/ developer with a commitment to affordable housing. Could a project like this work in Arlington MA?
WE HAVE WINNERS!
MIT Dept. of Urban Studies and Planning
Jay Maddox maddoxja@mit.edu; Shannon Hasenfratz shasenfr@mit.edu; Daniel Pratama danielcp@mit.edu
Title: EAST ARLINGTON COMPLETE NEIGHBORHOOD

Arlington High School CADD Program
Petru Sofio psofio2024@spyponders.com; Talia Askenazi taskenazi2025@spyponders.com
Title: ENVISION BROADWAY

Winslow Architects
John Winslow john@winslowarchitects.com; Phil Reville philip@winslowarchitects.com; Dolapo Beckley dolapo@winslowarchitects.com
Title: REDEFINING THE BROADWAY CORRIDOR: A 2040+ VISION

Contest Personnel
- Judges: Adria Arch, artist; Caroline Murray, construction project manager; Rachel Zsembery, architect
- Organizer: Barbara Thornton
- Host: Lenard Diggins, Chair, Arlington Select Board
- Sponsor: Civic Engagement Group, Envision Arlington, Town of Arlington MA
- Producer: ACMI
Special thanks
- ACMI production team: Katie Chang, James Milan, Jeff Munro, Jason Audette, Anim Osmani, Jared Sweet, Michael Armanious
- Civic Engagement Group (CEG): Greg Christiana, Len Diggins
- Jenny Raitt- Arlington DHCD Director, for laying the groundwork with the 2019 Broadway Corridor Study
- Jeffrey Levine, MIT DUSP faculty, led the original 2019 Broadway Corridor study team
- Kambiz Vatan & Cinzia Mangano, AHS CADD faculty and community volunteer
- Jane Howard, whose volunteer efforts over many years made possible Vision 2020 and Envision Arlington, leading to CEG and thus making this project possible by giving our town of Arlington the infrastructure, the “DNA”, to make this kind of civic engagement happen.
Background
The Civic Engagement Group (CEG), part of the Town of Arlington’s Envision Arlington network of organizations, is sponsoring the Broadway Corridor Design Competition. Architects, planners, designers and artists from around the region are encouraged to register by April 8, 2022.

This as an opportunity for designers and architects in the region to have some fun exercising real creativity to leapfrog into the post pandemic future and create a 2040+ VISION of what the built environment of a specific neighborhood (our Broadway Corridor area) might look like.
Although the cash prize is small, the pay off will be bragging rights, recognition and a possible opportunity to help shape the upcoming Arlington master plan revision process.
The information: flyer
The plan: Design Competition launch plan
The background data: 2019 Broadway Corridor Study
Register to enter: Sign up information

Broadway St. is a major bus route and transit corridor through Arlington to Cambridge. It is close enough to the Alewife MBTA Station to possibly be, at least partially, included in the planning for Arlington’s “transit area” status under the state Dept. of Housing and Community Development’s new guidelines.
State Senator Cindy F. Friedman has written a letter to Town Meeting Members supporting Warrant Article 12 and a meaningful MBTA Communities Plan. She writes:
We all want Arlington and Massachusetts to remain welcoming, accessible places to live. In addition to our deficit of housing, I recognize the importance of encouraging smaller, more sustainable housing in walkable areas. Arlington’s Warrant Article 12 will provide a meaningful framework for making progress in these areas. The problems we are experiencing now —out of reach housing prices for new construction and existing homes — exacerbate the crisis and are seriously threatening the economic vibrancy of our communities.
To read Friedman’s full letter, click here for the PDF.