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The City of Somerville estimates that a 2% real estate transfer fee — with 1% paid by sellers and 1% paid by buyers, and that exempts owner-occupants (defined as persons residing in the property for at least two years) — could generate up to $6 million per year for affordable housing. The hotter the market, and the greater the number of property transactions, the more such a fee would generate.
Other municipalities are also looking at this legislation but need “home rule” permission, one municipality at a time, from the state to enact it locally. Or, alternatively, legislation could be passed at the state level to allow all municipalities to opt into such a program and design their own terms. This would be much like the well regarded Community Preservation Act (CPA) program that provides funds for local governments to do historic preservation, conservation, etc.
This memorandum from the City of Somerville to the legislature provides a great deal of information on the history, background and justification for such legislation.
House bill 1769, filed January, 2019, is an “Act supporting affordable housing with a local option for a fee to be applied to certain real estate transactions“.
COMMENT:
KK: This article suggests Arlington may be likely to pass a real estate transfer tax: https://www.counterpunch.org/2019/12/19/boston-one-step-closer-to-a-luxury-real-estate-transfer-tax/
It’s January 2023, and as we do every year, folks in Arlington are taking out nomination papers, gathering signatures, and strategizing on how to campaign for the town election on Saturday April 1st. The town election is where we choose members of Arlington’s governing institutions, including the Select Board (Arlington’s executive branch), the School Committee, and — most relevantly for this post — Town Meeting.
If you’re new to New England, Town Meeting is an institution you may not have heard of, but it’s basically the town’s Legislative Branch. Town Meeting consists of 12 members from each of 21 Precincts, for 252 members total. Members serve three-year terms, with one-third of the seats up for election in any year, so that each precinct elects four representatives per year (perhaps with an extra seat or two, as needed to fill vacancies). For a deeper dive, Envision Arlington’s ABC’s of Arlington Government gives a great overview of Arlington’s government structure.
As our legislative branch, town meeting’s powers and responsibilities include:
- Passing the Town’s Operating Budget, which details planned expenses for the next year.
- Approving the town’s Capital Budget, which includes vehicle and equipment purchases, playgrounds, and town facilities.
- Bylaw changes. Town meeting is the only body that can amend the towns bylaws, including ones that affect housing and commercial development.
Town Meeting is an excellent opportunity to serve your community, and to learn about how Arlington and its municipal government works. Any registered voter is eligible to run. If this sounds like an interesting prospect, I’d encourage you to run as a candidate. Here’s what you’ll need to do:
- Have a look at the town’s Information for new and Prospective Town Meeting Members.
- Contact the Town Clerk’s office to get a set of nomination papers. You’ll need to do this by 5:00 PM February 8th, 2023 at the latest.
- Gather signatures. You’ll need signatures from at least ten registered voters in your precinct to get on the ballot (it’s always good to get a few extra signatures, to be safe).
- Return your signed nomination papers to the Clerk’s office by February 10, 2023 at noon.
- Campaign! Get a map and voter list for your precinct, knock on doors, and introduce yourself. (Having a flier to distribute is also helpful.)
- Vote on Saturday April 1st, and wait for the results.
Town Meeting traditionally meets every Monday and Wednesday, from 8:00 — 11:00 pm, starting on the 4th Monday in April (which is April 24th this year), and lasting until the year’s business is concluded (typically a few weeks).
If you’d like to connect with an experienced Town Meeting Member about the logistics of campaigning, or the reality of serving at Town Meeting, please email info(AT)equitable-arlington.org and I’d be happy to make an introduction.
During the past few years, Town Meeting was our pathway to legalizing accessory dwelling units, reducing minimum parking requirements, and loosening restrictions on mixed-use development in Arlington’s business districts. Aside from being a rewarding experience, it’s a way to make a difference!
A new report for Boston Indicators, “Exclusionary by Design”, shows the clear intent of many Greater Boston suburbs to resist racial and class integration in the 1970s. Housing scholar Amy Dain demonstrates how racial prejudice and class exclusion figured into suburbs’ downzoning in the 1970s; and how putatively legitimate concerns like tax revenue, aesthetic continuity, and the environment served the cause of exclusion.
Read the “Exclusionary by Design” report, and see the accompanying 1-hour webinar with Amy Dain, Luc Shuster of Boston Indicators and Ted Landsmark of Northeastern University.
“This research finds widespread evidence that over the past 100 years, zoning has been used by cities and towns across Greater Boston as a tool for excluding certain groups of people, including:
- Racial minorities, especially Black residents
- Lower-income and working-class residents
- Families with school-aged children• Religious minorities
- Immigrants
- And, in some cases, any newcomers/outsiders at all”
Low Diversity is No Accident
In the 1970s, municipalities were ordered by state law to create Growth Policy Statements – but with no mandate that communities actually endorse growth nor inclusion. Exclusionary language in these statements was seemingly anodyne, seeking to preserve the “present characteristics of their communities” or “socio-economic status“. In several cases the fear of integration was quite apparent: Milton’s statement referred to problems in “surrounding communities” (ie Mattapan and Dorchester) and “breakdown of society”; both Milton and Melrose make mention of the pressures caused by people “moving out of Boston”. Belmont’s plan explicitly calls for the town to stay “relatively expensive … [so as to] attract only those families so economically situated.”
The intent of such language was not somehow lost on people in that era. Needham’s Local Growth Policy Statement included, but pointedly disavowed its own “Appendix A” — a dissenting statement by the Congregational Church of Needham, calling out the town’s exclusionary aims and endorsing a vision of inclusive growth.
In addition, in many places where multi-family housing was theoretically allowed, “poison pill” requirements and impediments were added to make such building a practical impossibility. More recently we have seen the ironic use of infeasible “inclusionary zoning” requirements – which ensure that no affordable housing can actually be built.
The same language, un-evolved and unrefined, is still invoked by “neighborhood defenders” today. Our current housing affordability crisis and segregation is the plain result. The report is a sobering, enlightening read – essential for any active citizen or town official in eastern Massachusetts.
Why Is This Our Issue & What Should We Do About It?
(presented by Adam Chapdelaine, Town Manager, to Select Board on July 22, 2019)
Overview
Since 1980 the price of housing in Massachusetts has surged well ahead of other fast growing states including California and New York. While the national “House Price Index” is just below 400, four times what an average house might have cost in 1980, a typical house in Massachusetts is now about 720% what it was in 1980. Median household income in the state has only increased about 15% during the same period. No wonder people in Arlington are feeling the stresses of housing costs if they want to live here and are feeling protective of the equity value time has provided them if they bought years ago.
In response to concerns about zoning, affordable housing and housing density, the Town joined the “Mayors’ (and Managers’) Coalition on Housing” to address these growing pressures. This 12 page slide deck presentation outlines the key data points, the number of low and very low income households in Arlington, the rate of condo conversion that is absorbing rental units, etc.
Solutions are offered including:
• Amendments to Inclusionary Zoning Bylaw
• Housing Creation Along Commercial Corridor – Mixed Use & Zoning Along Corridor
• Accessory Dwelling Units – Potential Age & Family Restrictions
• Other Tools Can Be Considered That Are Outside of Zoning But Have An Impact on Housing
Chapdelaine’s suggested next steps are:
• Continued Public Engagement
• Town Manager & Director of DPCD Meet with ARB
• Select Board & ARB Hold Joint Meeting in Early Fall
• ARB Recommends Strategies to Pursue in Late Fall/Early Winter
The Select Board approved the suggested next steps and a joint ARB/ Select Board meeting should be scheduled in the near future.
Note from Reporter: As a community, Arlington has long prided itself on its economic diversity. With condo conversions, tear downs leading to “McMansions”, higher paid workers arriving in response to new jobs, etc., Arlington is at great risk of losing this diversity that has long enriched the community. Retirees looking to downsize and young people who have grown up in Arlington looking for their first apartment are finding it impossible to stay in town. Shop keepers and town employees are challenged to afford the rising housing costs. With a reconsideration of zoning along Arlington’s transit corridors, Arlington NOW has an opportunity to create new village centers, like those recommended in the recent STATE OF HOUSING report. These village centers along our transit corridors could be higher, denser but also offer the compelling visual design and amenities desired by people who want to walk to cafes, shops and public transit.
A Guide for Arlington
The Massachusetts Housing Partnership put together this 2018 guidebook, v.3, to help municipalities adopt Municipal Affordable Housing Trust Fund (MAHT) legislation to suit the specific needs of each municipality.
Arlington is considering the acceptance of enabling legislation in the November 2020 Virtual Town Meeting to create the Town’s own MAHT. This will enable the Town to create a vehicle for receiving and spending funds to assist low and moderate income individuals and families to move toward greater housing stability. The MAHT does not provide money, but it does provide a place where the Town can receive money from a variety of sources to be used for furthering affordable housing. Examples include payments from developers, contributions from bequests and, if approved, a real estate transfer tax on the sale of higher priced homes in Arlington.
Municipal Affordable Housing Trust: how to envision, gain support, and utilize a local Trust to achieve your housing goals.
For more information on how this MAHT can benefit Arlington see: https://equitable-arlington.org/2020/11/09/arlington-affordable-housing-trust-fund/
The material in this post came from my efforts to learn about when Arlington’s housing was built. The data comes from the town’s 2019 property tax assessments, where I took our nineteen-thousand-and-some-odd homes and apartments and broke them down by housing type and decade built. It’s not exactly a history housing of production, though it is a close approximation. In this analysis, a single-family home built in the 1912 and rebuilt as a two-family in 1976 would show up as two units built in the 1970s. Similarly, a three-family home that was built in the 1924 and later converted to condominiums would show up as three condominiums built in the 1920s.
Here’s the visual summary:
And here’s a small spreadsheet with the underlying numbers.
My first surprise was at how much we built in the 1920s: just under five thousand units. This was our biggest decade for housing production, and nearly double our second biggest (the 1950s). Another surprise was the 1990s; 132 of our homes were constructed during that decade, which is the smallest number since the 1870s.
What about homes constructed before 1850? There are only 117 of them, and they’re omitted from the data set. I’ve also omitted residential units in mixed-use buildings, since my copy of the assessors data doesn’t break mixed-use buildings into residential and non-residential units.
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.
An ADU is a separate, smaller living unit with its own kitchen and bathroom facilities and separate entrance that is included within a larger resident (type 1), attached to a residence (type 2) or located in an accessory (“detached”) structure on the same lot as a main residence (type 3). For a variety of reasons, primarily cost and feasibility, the type 1 ADUs are by far the most common.
Article 43 on Arlington’s warrant for Spring 2021 Town Meeting would allow accessory dwelling units in connectin with single-family dwellings, two-family dwellings and duplex dwellings, as long as the ADUs can conform to dimentional requirements in existing zones (aka R0, R1, R2, B) and all code requirements. These dimensional requirements including setbacks, side yards, height, etc.
The sizes of these ADUs are determined by the size of the finished area of the specific home and must meet the dimensional requirements of the zoning district. Many homes in Arlington may not qualify for a Type 2 (attached) or Type 3 (detached) ADU. This chart shows the probable average square footage size of an ADU in each of the Town’s 21 precincts. There is a considerable difference, ranging from 479sf in precinct 4 to 885sf in precinct 8. The town wide average is 652 sf, not very big but a perfect size for an individual looking for a smaller, less expensive home in Arlington. No matter how big the home, the maximum size is capped at 900sf.