Welcome to 2021, which we all hope will be a lot better than 2020. Here’s a review of that memorable year, from Arlington Residents For Responsible Redevelopment:

Density, Bylaw Votes, and Town Meeting

After years of attempts, the developer lobby was finally able to abolish the required 2/3rds supermajority vote for zoning bylaws, replacing it with a simple 51% majority vote -- but only for those laws that facilitate the state-wide pro-density/urbanization push that developers have been hoping for. The 2/3rds vote will still be necessary to reverse any zoning bylaws passed under the new law, making it extremely difficult to change course once negative results become apparent. Governor Baker is expected to sign this into law in early January.

Arlington’s April Town Meeting was limited to essential business only, as we sank into Covid-19.

Several pro-density citizen's Articles were carried forward to Special Town Meeting in November, as an all-out attack on the single-family home. Town officials appeared to look favorably on these, including an accessory dwelling unit (ADU) proposal lacking in any protections for neighbors, and despite the fact that ADUs were rejected by Town Meeting a year ago. Worse, a proposal to remove all single-family zoning received serious attention, and was falsely touted as redressing historical racism.

These Articles were defeated at Special Town Meeting, based on their lack of merit. Density Articles may come back in 2021, as the Town Manager and Planning Department support urbanization and greater density for Arlington. They have even incorrectly linked such steps with fighting racism, despite research showing that density without significant affordability requirements shuts out minority and lower- and moderate-income residents.

As always, ARFRR is working to let the public know about these and other proposals, which threaten affordability, climate resilience, and more.

Redevelopment Board and Zoning Board of Appeals News

The former chair of the Arlington Redevelopment Board (ARB) resigned and Member Rachel Zsembery became Chair. A new member, Dr. Katie Levine-Einstein, was appointed. Dr. Levine-Einstein has produced research and a book, "Neighborhood Defenders,” asserting that public oversight and participation in American municipal boards is restricting progress. (Dr. Levine-Einstein resigned in early January 2021.)

During the summer, the Redevelopment Board decided that it was Above the Law, the Zoning Bylaw, that is. An attorney for a developer argued that the Zoning Bylaws passed by Town Meeting were actually guidelines, but not strict rules. The argument went on that the Board had the authority to bend, break, or simply ignore any Bylaw that they found inconvenient. The majority of the Board embraced this interpretation of their powers enthusiastically and immediately began exercising this newfound authority to ignore half a dozen Bylaws that were inconvenient for the developer. The Board is now allowing multiple projects under this new dispensation.

The chair of the Zoning Board of Appeals resigned, following a criminal charge. A Member, Christian Klein, was elected Chair.

A dozen residents sued the Redevelopment Board for improperly applying the Mixed Use Bylaw passed four years ago by Town Meeting. Town Counsel argued that the statements defining the scope of the law made by two Board members during the debate on those Articles carried no legal weight. He characterized their statements as simply off the cuff remarks by two people, to be given no more consideration than those of anyone else who speaks at Town Meeting.

Any future such appeals will likely be curtailed by the provision in Governor Baker's Partnership for Growth bill which requires a $50,000 cash bond for special permit appeals.