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Wednesday, August 14, 2019

The Heights Hotel Part II - What happened at the meeting and more...

Artist's conception of the proposed Hotel

(This is part II of our research and observations on a proposed hotel at 1207-1211 Mass Ave in Arlington. You can read our earlier post on the blog here.)


We’re gonna need a bigger room.



Back on July 22, the Redevelopment Board correctly anticipated the strong neighborhood interest in the proposal for a boutique hotel on two lots at 1207-1211 Mass Ave and moved the hearing to the larger Lyons Conference Room.  Even so, it was standing room only with some of the crowd spilling out into the hallway.  Perhaps next time the Board will arrange for microphones and speakers so that everyone can hear the proceedings.

It was not a pleasant evening for the developer.  The Board started off  by calling the submitted plans preliminary, not sufficiently detailed for the Board to make an informed decision.  Several of the Board members focused on traffic concerns and the requested drastic reduction in on-site parking.  The proposal of a 5’ deep curb cut on Mass Ave for bus loading was received very poorly because of safety reasons and the sacrifice of a public street tree.  A detailed, professional traffic study was requested for the next hearing.  Clearly the developer and his architect have a lot of homework to do.

The residents who attended had quite a bit to say about traffic also.  It was observed that the site is located between two terribly designed intersections only 400 feet apart, those of Mass Ave. with Appleton Street and with Lowell Street.  Access to and from the hotel would be via Clark St, a private way that offers two bad options for exiting cars and buses.  Either turn left and attempt to turn on to Mass Ave at a corner with very poor visibility, or turn right and take a circuitous route through the residential neighborhood.  Residents noted the safety issues posed by the proximity of St Athanasius Church and the Ottoson School, along with the narrowness of Mass Ave along that stretch.  Over and over, residents of that neighborhood told the Board that cut through traffic and overnight spill-over parking were already ongoing problems on Clark and Peirce Streets. Several neighbors challenged the appropriateness of such a project on a B2 lot zoned specifically for small neighborhood-serving businesses.  Another resident wondered about whether the developer had any experience in the hotel and restaurant industries.


Various serious zoning problems were also raised.  The developer’s plan calls for a building that comes right up to the property line on the Clark St side.  The zoning laws for a corner lot require a 20 foot yard setback along that street front.  Similarly, the developer failed to provide the required upper story stepback on that side of the building, and improperly put the stepback on the Mass Ave side beginning at the fourth floor rather than the third.


Perhaps the biggest question, which went unanswered, was how could a hotel even be built on the B2 lot (1207 Mass Ave) when the zoning laws clearly prohibit such a use.  The Board was reminded of the assertion that it made repeatedly to the 2016 Town Meeting that the new Mixed Use bylaw prohibits as part of mixed-use developments uses that are prohibited individually within the same zoning district. The Board was also reminded of its promise to Town Meeting that it would be the protectors of the character of neighborhoods, particularly citing the B2 district. (link to video)



Two residents spoke in favor of the hotel proposal, citing the economic benefits and the removal of the current eyesore (ironically created by the present owner/developer).  Another resident noted that the HCA owned twenty-one subsidized apartments in the vicinity, and that the boutique hotel would be a wonderful place for visiting friends and relatives of the tenants to stay.


The developer and his architect have a lot of work to do, and initially requested that the hearing be continued to at least September.  Now they say they will need until late October to revise their application. Among the key issues facing them:
  • One third of the site is in a B2 district which prohibits a hotel as a use.  The Redevelopment Board does not have the authority to override this prohibition.  Neither does the Select Board, the Town Manager, or the Planning Department.  Only Town Meeting can vote this change.
  • Traffic flow through the residential neighborhood.  Should part of Clark St be made one way, with an expensive light controlled intersection at Mass Ave?  How to deal with the other private way owners?
  • Floor Area Ratio.  The developer is asking the Redevelopment Board for permission to exceed the zoning limits but the Board does not have that authority for lots under 20,000 sf.
  • Usable Open Space. The original plans do not include any areas that meet the zoning definition of Usable Open Space.
  • Major redesign to conform with the required Clark St yard setback and the third floor upper story stepbacks on both street sides.
  • Waiver of special permit and building permit fees, likely to top $100,000.  The Select Board promised these waivers in the RFP for a mixed-use development despite not having the authority to waive fees on their own. Now they are belatedly going to the Redevelopment Board asking if it will give permission for the waiver of the $5300 or so for a special permit fee.   The Redevelopment Board Chair at its August 12 meeting noted that he and another ARB member still had questions about the ARB’s legal authority to grant such a waiver.  The bigger issue of the expected $100K in building permit fees remains in limbo.  Legally, it seems that this is another issue that needs to go before Town Meeting for approval.
Indulging in speculation, the developer may simply punt on the hotel idea and come back to the Board with a mixed-use proposal for an apartment building that would feature 16 luxury one and two bedroom units.  This may have been his intention all along, dangling the idea of a high revenue hotel during the negotiations to purchase the town-owned land, in order to sweeten the deal.  Now that a purchase and sale agreement is signed, he is going through the motions with a hotel designed by an architect that has never designed a hotel before, violating at least a half dozen zoning laws. In the coming months, look out for a possible bait and switch.