Accessory Dwelling Units: Policies, Attitudes in Boston Region

from Alexandra P. Levering , Thesis, Urban & Environmental Policy and Planning, Tufts University, August 2017

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 about 3. But by 2017, Lexington had 75 ADUs, Newton had 73 and Ipswich had 66. It is a slow process for a variety of reasons, but the number of units grows over time.

AARP recommends ADU’s. The help homeonwers cover rising housing costs by providing income trhough rent. They also create a space for a caretaker or a family member to live close by, as the homeowner ages.

Autism Housing Pathways and Advocates for Autism of MA (AFAM) came together to advocate for an ADU bylaw to benefit parents of adult children with disabilities. For more information see her complete thesis (with a very useful set of tables and bibliography) HERE.

Accessory Dwelling Units (ADUs) provide multigenerational housing options for aging parents and for adult children. They help families manage changing lifestyle, fiscal and/or caretaking situations.

This type of housing is seen by many as a clear opportunity to offer more affordable residential opportunities. One reason why they are slow to develop is the cost of renovation and construction for homeowners. Some communities offer low or no interest loans to encourage more ADU development.

Consider the Schools: Add More Housing

Jennifer Susse authored this letter on January 20, 2020. Ms. Susse is a member of the Arlington School Committee and a Town Meeting Member. She closely follows the costs and demographic trends of school enrollment and of Town finances.

I write in support of efforts to increase housing in Arlington, both as a resident and as a member of the School Committee. I support these efforts not in spite of their potential effects on our schools, but because of their potential effects on both schools and town.

I have often spoken to the community about our rapid enrollment growth — over 2,000 students added in the last 25 years, 60 percent of those in the last 10 years. Because of these large enrollment increases the Arlington Public Schools have had to add capacity, which the town has generously supported. So how can I be in favor of adding more housing to Arlington, and thus potentially adding even more students to our already stressed school facilities?

Losing diversity
I will get to the capacity issue in a bit, but first I want to point out that in the last 30 years Arlington has lost both economic and generational diversity. The story about the loss of economic diversity is well known; the loss of generational diversity less so.

Between 1990 and 2010, the percentage of residents between 20 and 34 dropped from 28 percent to 17 percent. During that same period, the population over 65 dropped from 18 percent to 16 percent. What replaced these demographic groups were primarily residents between the ages of 35 and 54 and 0 and 14. In other words, mostly families with school-aged children. The loss of both types of diversity weakens the fabric of our community. However, the loss of generational diversity also weakens the town’s finances.

The average cost to the town of an additional student is about $8,500, a number that includes what’s known as the Enrollment Growth Factor (the amount that the town gives to the schools for each additional student in the system, currently at 50 percent of the per pupil cost of the preceding year, or $7,297), as well as the average cost of the benefits that the town pays for new hires.

What this means is that during the time a household has children in the school system, it is likely receiving more in benefits than it pays in taxes. For the town’s finances to work, we also need people who do not have children to live and pay taxes in Arlington, including young adults and older adults for whom Arlington is becoming less affordable because of condo conversions, teardowns, etc.

Overcrowded classrooms
But what about our overcrowded classrooms? The answer is that given the type of housing likely to be created on the main corridors, and the timing of that housing construction, I am not worried about further stresses to our school facilities.

By the time new housing is built, our elementary-aged population will likely be in modest decline. Five to 10 years out we expect to see enrollment stabilize at the middle and high school levels as well. That does not mean that we will have tons of extra space; just that we will no longer be in danger of taking over art, music, and literacy rooms for general classroom use.

Enrollment projections made by Dr. Jerome McKibbin in 2015 have so far been fairly accurate. His revised projections show that, without additional housing, we are expected to have 350 fewer elementary-aged students in the Arlington Public Schools 12 years from now than we have today.

The discussion about housing in Arlington reminds me of the discussion a few years ago over the Affordable Care Act. At that time, there was a lot of anxiety about potential changes to the health-care system, but insufficient appreciation (in my opinion) of the then current trends.

Zoning changes
Any discussion of zoning changes in Arlington must take an honest look at where we are now, and the direction we are headed in if there were no zoning changes. Our current trends have us losing natural affordability and economic and demographic diversity because of teardowns, condo conversions and sharp price increases. We don’t have the option to freeze Arlington as we know it today (or 10 years ago) in place.

In closing, I would like to say that I am proud of our excellent schools and strongly believe that families who have recently moved to Arlington have strengthened our community, but I do not want Arlington to become a place where people move in with toddlers and move out soon as their children graduate from high school. The current trends have us losing both economic and generational diversity, which threatens not only our community and civic life, but our financial health as well. Adding more and diverse housing can help.

balanced tax base Housing school building capacity school costs school enrollment zoning

Written by Guest Writer January 20, 2020

Arlington Report on Demolitions & Replacement Homes

Written by Guest Writer July 27, 2019

Housing

New Zoning Articles Preserve Arlington’s Culture

A large part of the debate about the proposed Zoning issues in Arlington revolves around a perspective of Arlington’s culture and how best to maintain it. Can we freeze in time the small, less expensive homes in our R1 & R2 districts? Can we continue to provide low cost rental housing to people in the R4 to R7 districts, housing that is now quite old and is below market rent because it has not been adequately maintained? Or can we reach a consensus about what we most value in Arlington’s culture and set a path to ensuring its preservation for the future?

In 2015 Arlington Town Meeting voted to approve the Master Plan which contained the following set of housing related values and goals for the future of Arlington:

Encourage mixed-use development that includes affordable housing, primarily in well-established commercial areas.
Provide a variety of housing options for a range of incomes, ages, family sizes, and needs.
Preserve the “streetcar suburb” character of Arlington’s residential neighborhoods.
Encourage sustainable construction and renovation of new and existing structures

The Zoning Articles proposed for the 2019 town meeting represent four years of study, reflection and community dialogue. They are precisely intended to further the values and goals that the 2015 Town Meeting voted for.

Our Culture

Arlington has long been a community that cherishes its diversity of housing types and its diversity of income ranges. In recent years, with the regional pressure on land values as more people want to live in good school districts, with good transportation, near their jobs, the pressure on Arlington property values has been extreme. According to the Town’s Master Plan, Arlington does have a more diverse housing stock than most neighboring communities. The type, density and population varies by neighborhood (see Master Plan Ch. 5, Housing Excerpt). 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.

Tools to Maintain Diversity of Housing

Articles 15 & 16 are two very important “tools” to meet the goals of preserving our diversity of housing.

Over 60% of Arlington’s housing units were built before 1950. Many of those units that we think of now as “affordable” will be needing major renovation or tear down and rebuild in the next few years. Private developers can come in now, buy the buildings and rebuild for market rate (think Boston prices) units. Article 16 gives the town control over these rebuilds, encouraging more housing and more “permanent” affordability.

Article 15, allows Accessory Dwelling Units (“granny units”) after a public hearing and under specific conditions. This will open the town to many lower priced living spaces for students, seniors, etc. throughout the Town.

Arlington values its culture of diversity in housing styles and incomes. Given the pressure regionally for people to find housing in good communities, and bring larger incomes to pay for that housing, Arlington risks losing its culture if the Town does not act NOW to protect it by approving these zoning articles.

Written by Steve Revilak April 20, 2019

How to Talk To Your Neighbors About the MBTA Communities Plan

While you’ve heard a lot about the MBTA Communities Plan, you may be surprised to learn that your neighbors might not know about it. If they have heard the name, they might think it has to do with MBTA buses. Or they might have heard rumors giving an incorrect idea of what the plan is.

You may be tempted to tell them to read the full report by the MBTA Communities Plan Working Group [PDF], but most people don’t have the time to study a 51-page report, even if it’s the most gripping read since Gone Girl. Many of them are so busy they may only have ten seconds to spare.

But you’re in luck, because we’ve written up quick talking points you can use if you’re talking to someone for ten seconds, a minute, or two minutes. If they bring up something they’ve heard that seems incorrect, we also have responses so you can clear up that misinformation.

Ten second version:

The MBTA Communities law says that communities served by the MBTA need to zone areas for multi-family housing. We need more capacity than the state requires in order to:

Provide more housing
Support local businesses
Be equitable across town

One minute version:

The MBTA Communities law says that communities served by the MBTA like Arlington need to zone some areas for multi-family housing. We need more capacity than the state requires to:

Provide more housing
Support local businesses
Be equitable across town

Right now, developers can easily build a McMansion. But they have to go through a long and pricey permitting process to build multi-family housing that’s the exact same size. This plan will make it just as easy to build apartment buildings of the same size as that McMansion. And if it’s at least 6 units it will include an affordable unit!

Two minute pitch:

The MBTA Communities Law is a state law. It requires communities with MBTA service to zone some areas for multi-family housing. Each community is required to reach a specific capacity of multi-family housing. Arlington’s current plan goes beyond what the state requires. We need to go above and beyond because:

This plan is the only one that gives Arlingtonians what they initially requested. They asked that the zoning for multi-family housing would be:
- distributed across town
- near public transit
- walking distance from shops and businesses
Currently, a developer can build a 5,000 square foot McMansion in these areas, but not a building with five, less expensive, 1,000 square foot units. This plan would allow for both.
Arlington only requires affordable units in buildings of 6 units or greater. Allowing larger buildings could result in more affordable units for people to live in.

Common Concerns

Use these ONLY if the person brings up these concerns. Listen carefully to what they have to say first, and stick to the top three points.

“Why are we jamming this legislation through? Why don’t we take more time to explore it?”

While it may seem that the process is moving quickly, in fact planning and discussions have been going on for almost a year. The topic was first introduced in a town-wide meeting on November 17, 2022. The Working Group first met in February and has convened 19 times since then. All the Working Group’s meetings were open to the public and attracted a number of attendees. There were also three larger public forums, several surveys, and other outreach outlined on page 5 of the working group’s report. In any case, in order to comply with the law, all communities must submit final plans by the end of 2024. By acting now we get to take advantage of pilot programs and other state benefits.

“The plan says we have to build 20,000 homes!”

According to the current plan, an area that currently has about 2100 homes would be re-zoned to permit a maximum of just over 7,000 homes. That translates to a maximum of 5,000 additional apartments and condos.
This theoretical maximum is based on every single unit being 1,000 square feet or less, every single lot being built to the maximum and absolutely no parking. Builders are not likely to build only 1000 square foot units without parking, because there is demand for a variety of units.
Building anywhere close to the maximum can only happen if every single current property owner in the zone sells their parcels to developers. Based on Arlington’s historical property sales, we are unlikely to get anywhere near that number. For example, with a condo duplex, they would need to get both condo owners to sell. (Perhaps you can use your own block as an example.)

“Why can’t we just do the bare minimum?”

When the group looked at a “bare minimum” plan (minimum units on maximum acres), they found that in most areas it would not yield additional housing. In some places, it would permit about 2,100 homes in an area that has over 3,000 homes now – in other words, it would allow fewer homes than already exist.

“But we already have multi-unit buildings on Mass Ave!”

Yes, but the majority were built before 1975. Current zoning and the permitting process make it very difficult for similar buildings to be built today.

“But Arlington can’t handle any more people!”

Arlington’s population is smaller than it used to be. In 1970, we had over 7,000 more people than we have now. And the town’s infrastructure was built to handle 7,000 more people, as were our amenities.
We aren’t just building this for new people. We’re building it so that empty nesters who are downsizing, kids who are moving into their own apartments and other members of our community can stay and have housing that suits their needs.
Businesses, churches and libraries all need a population at a certain level in order to thrive.

“These tall buildings will ruin our neighborhoods and block our light.”

The plan allows for four floors throughout for an important reason. It’s because buildings that are four stories or higher have to meet Americans with Disabilities Act requirements. That means that it will be built so people in wheelchairs or who use a walker can live there. Right now we have very little housing suitable for people with limited mobility, so people who develop mobility issues have to leave Arlington.
Under certain specific circumstances in narrow areas of the plan, it is possible to go up to six floors on Mass Ave only. These buildings have significant bump backs on the fifth and sixth floor. We already have several buildings of this height along Mass Ave.
Elsewhere, this would allow four floors in areas where currently homes are two floors plus a lived-in attic or three floors. This is not a huge change, it is an incremental change.

“But what about our schools? This will overload them!”

By spreading out the housing, we spread out the new students among all the elementary schools and allow the school department to adjust the school zoning if they need to.
Elementary school population has declined by 5% in the past three years and according to projections will decline further. If we don’t add population then the number of elementary students will continue to drop off.
Lexington’s School Enrollment Working Group found that new units do not directly correlate with enrollment growth; smaller units are far less likely to incur growth than larger; spreading out the growth over the town would be easier to absorb.

If you encounter anything you think we should add, please contact us via info@equitable-arlington.org.

Contributors: Charles Blandy, Patrick Hanlon, Dori Mazor, Jennifer Susse, Sanjay Newton, Eugene Benson, Steve Revilak, James Fleming, Barbara Thornton, Nicole Gustas and other members

Written by Equitable Arlington September 8, 2023

Transportation Emissions and MBTA Communities in Arlington

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.

Emisssions MBTA Communities

Written by Guest Writer October 7, 2023

It’s a great time to own

A few days ago, the Boston Globe ran an article titled “2021 set records in Boston Housing Market. What now?“. It’s not unusual to see stories about housing in the news — the market is highly competitive and the sale prices can be jaw dropping. Jaw dropping can take several forms: from the new (and used) homes that sell for over two million dollars, to the amount of money that someone will pay to purchase a small post-war cape (around $900,000, give or take).

According to the globe article, the Greater Boston Association of Realtors estimates that the median price of a single family homes in the Boston area rose 10.5% in 2021, to $750,000. Arlington is comfortably in the upper half of this median: according to our draft housing production plan the median sale price of our single family homes was $862,500 in 2020, and rose to $960,000 in the first half of 2021 (see page 39).

In June 2021, I got myself into a habit of sampling real estate sales listed in the Arlington Advocate, and compiling them into a spreadsheet. My observations are generally consistent with the sources cited above; Arlington’s housing is expensive and it’s appreciated rapidly, particularly in the last 6–10 years. It’s a great time for existing owners, but less so if you’re in the market for your first home.

We’re actually facing two problems, which are related but not identical. The first is high cost, which creates financial stress and a barrier to entry (though it is a boon for those who sell). The second problem is quantity; there are regional and national housing shortages, and that contributes to high prices and bidding wars.

Addressing these challenges will require collective effort on behalf of all communities in the metro area; this is a regional problem and we’ll all have to pitch in. There isn’t a single recipe for what “pitching in” means, but here are some for what communities can do.

First, produce more affordable housing. Affordable housing is a complex regulatory subject, but it basically boils down to two things: (1) the housing is reserved for households with lower incomes than the area as a whole, and (2) there’s a deed restriction (or similar) that prevents it from being sold or rented at market rates. Affordable housing usually costs more to produce than it generates in income, and the difference has to be made up with subsidies. It takes money.

Second, simply produce more housing. This is the obvious way to address an absolute shortage in the number of dwellings available. Some communities have set goals for housing production. Under the Walsh administration, Boston set a goal of producing 69,000 new housing units by 2030. Somerville’s goal is 6000 new housing units, and Cambridge’s is 12,500 (page 152 of pdf). To the best of my knowledge, Arlington has not set a numeric housing production goal, but it’s something I’d like to see us do.

Finally, communities could be more flexible with the types of housing they allow. Arlington is predominantly zoned for single- and two-family homes. The median sale price of our single family homes was $960,000 during the first half of 2021, and a large portion of that comes from the cost of land. That’s the reality we have, and the existing housing costs what it costs. So, we might consider allowing more types of “missing middle” housing, where the per dwelling costs tend to be lower: apartments, town houses, triple-deckers, and the like.

Of course, this assumes that our high cost of housing is a problem that needs to be solved; we could always decide that it isn’t. In the United States, home ownership is seen as a way to build equity and wealth. It’s certainly been fulfilling that objective, especially in recent years.

Housing Production Plan

Written by Steve Revilak January 23, 2022

Why Should Arlington Have an Affordable Housing Trust Fund?

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)

2020 TM Affordable housing Arlington Affordable Housing Article 8 Karen Kelleher MAHT town meeting Trust Fund Warrant article

Written by Barbara Thornton November 9, 2020

Multifamily Zoning for MBTA Communities

Massachusetts’ 2020 Economic Development Bill included a set of housing choice provisions: these require communities served by the MBTA to provide a district of reasonable size where multi-family housing is allowed by right. The law gives us significant flexibility to design a district that best suits our needs, but the district must allow housing suitable for families with children, without age restrictions, and at a rate of at least 15 dwelling units per acre. Arlington is one of 175 MBTA communities in Massachusetts that share in the responsibility for meeting these requirements.

Map of MBTA communities, by community category

The law requires a “district of reasonable size”, but what does that mean? Throughout much of 2021 the Massachusetts Department of Housing and Community Development (DHCD) worked on a set of supporting regulations that set the district requirements according to the type of transit service a community has, the number of existing homes in the community (as of the 2020 Census), and the amount of developable land near transit stations. The specifics vary by community, but here is what the requirements mean for Arlington:

Our district needs a capacity of (at least) 2,046 homes. This isn’t a requirement to build 2,046 additional homes; instead, it reflects the total number of homes that district might contain in the future. For example, if a parcel with a two-family home were rezoned to allow a three-family home, that single parcel would have a capacity of three.
Our district needs to allow multi-family housing by right. “By right” means that the development only requires a building permit, where the Building Inspector determines whether the project complies with zoning and building codes. While Arlington allows multi-family housing (three or more dwellings on a single parcel) in some areas, such projects are not allowed by right.
Our district needs to allow (at least) 15 dwellings/acre. This is more or less in line with the density of the streetcar suburbs that were built in East Arlington during the 1920s. Although portions of Arlington likely meet the density requirement, none of these areas currently comply, as they don’t allow multi-family housing to be built by right.
Our district needs to be at least 32 acres, but it could be larger. We have flexibility here, as we’ll discuss in a moment.
Finally, due to the lack of developable land around the Alewife T station, Arlington is free to locate its multi-family district (or districts) anywhere in town. We’re not tied to any particular geographic location.

The new law’s requirements provide Arlington with a great deal of flexibility. We’re free to place our district (or districts) anywhere in town, and we’ll be able to choose from a variety of options as long as they meet the requirements set forth above. For example, providing the capacity of 2,046 homes in the minimum district size of 32 acres would give us a density of 64 dwellings/acre; roughly the scale of mid-rise apartment buildings. On the other hand, if we went with the minimum density of 15 dwellings/acre, we’d have a 135 acre district that allowed smaller multi-family homes. Our district can be anywhere within this range; we also have the option of having multiple districts, with smaller multi-family buildings in some areas of town and larger multi-family buildings in others.

Arlington has a track record of producing thorough and comprehensive planning documents, such as our Master Plan, Net Zero Action Plan, Sustainable Transportation Plan, and Housing Production Plan. These plans contain plenty of building blocks that could be used to formulate a compliant multi-family district. Viewed in that light, the MBTA community requirements are an opportunity to meet some of the goals we’ve already set for ourselves; we just have to go about it in a way that satisfies the law’s new requirements.

Arlington has one unique consideration, which doesn’t apply to most MBTA communities. In 2020, Arlington’s Town Meeting sent a home rule petition to the state legislature, asking for permission to regulate the use of fossil fuels in new building construction; it’s an important component of our plan to become carbon-neutral by 2050. A number of other communities in the Commonwealth filed similar petitions, and the legislature responded by establishing a pilot program: ten cities and towns will be allowed to enact “fossil fuel bans”, but only if they (a) have 10% subsidized housing, (b) achieve safe harbor via compliances with an approved housing production plan, or (c) establish a multi-family district of reasonable size by February 2024. Arlington doesn’t meet the subsidized housing requirement (only 6.54% of our homes are on the subsidized housing inventory), and we’re unlikely to gain safe harbor status during the next year; our most viable path to participation hinges on meeting the multi-family requirements.

In summary, the multi-family requirement for MBTA communities creates new requirements for Arlington, while also presenting us with new opportunities: the opportunity to meet planning goals, the opportunity to meet sustainability goals (e.g., by regulating fossil fuel use in new construction), and the opportunity to reimagine how we do multi-family housing in Arlington as our town moves forward into the twenty-first century.

MBTA Communities multi-family housing

Written by Steve Revilak January 7, 2023